Draft Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

Peter Dowd Excerpts

Wednesday 27th April 2022 General Committees

[Peter Dowd (Bootle) (Lab)]

It is a pleasure to serve under your stewardship, Mr Robertson.

As a former local authority member—indeed, I was the leader of a council and the chair of highways many years ago, when we had what was called the decriminalisation of on-street parking offences—I have a bit of experience of introducing systems and processes that inevitably led to many fines for people who took an insouciant or nonchalant attitude towards parking when it was not appropriate to do so; indeed, when it was dangerous to do so. We all agree on that.

I therefore welcome today’s proposals, but it would be remiss of me not to mention, as colleagues have done, the implication in the explanatory memorandum that they will not be too much of a burden on local authorities. The proposals may well be a burden for local authorities. My local authority has faced £230 million of cuts from the Government in the last few years. Local authorities are straining at the sinews when trying to provide services, so I do not want to underestimate the challenge the proposals might bring them.

I do not think local authorities implement such proposals as cash generators—certainly, my local authority and those I have been involved with do not. As with on-street car parking, the money goes back into the transport budget. When I was the leader of a council, I certainly never said, “Can we squeeze more out of the fines?” when drawing up a budget. It just does not work like that on the ground. I am glad the Minister refers to the documentation that says that local authorities should not do that, but in my experience they tend not to do it in any event.

Paragraph 7.4 of the explanatory memorandum refers to police forces being under strain. Of course they are under strain—20,000 police officers have been cut in the past 10 years. Numbers have now gone up 13,700—I think that is what the Prime Minister said—but they are still 7,000 or 8,000 short of where they were in 2010. That belies the fact that local authorities are also under pressure. It is no good transferring the problem to local authorities simply because the police are under pressure. We have to sort out both problems.

I agree with the point about consultation, but everybody always agrees with such proposals in the abstract. Of course, when people get a fine for something, often they no longer like the idea. I would like to see discretion, so that the regime is as sympathetic to people as possible. Nevertheless, we have to recognise that people will contravene these regulations. If we want the regulations, which people do, there have to be certain consequences that, frankly, we might not like on an individual basis. We have to be as careful and as sympathetic as possible in enforcing them, but people cannot just use any excuse to not pay the fine they should be paying.

I am glad the explanatory memorandum mentions that the regulations do not relate to the European Union. I am pleased about that, because it is two years since we were in the EU. I am surprised that that is even in the document.

I broadly welcome the proposals, but I recognise, as the Minister said, that some road layouts may need to change significantly. Local authorities do not have the resource to do that at the minute. It is no good the Minister sharing road layout changes in advance when the local authorities do not have the money to make them. Perhaps the Government should consider giving local authorities that take on such responsibilities the capital investment that they need up front. They could do their own layout and then get the money from the fines, which would go into that pot. Perhaps the Government should give that careful consideration.

On the whole, I welcome the proposals. I am sure that by working with our colleagues on councils, local MPs will monitor the impact on our constituents as time goes by, and on specific individual situations and topographies in our constituencies.