Disabled Persons’ Parking Badges Bill

Philip Davies Excerpts

Friday 9th November 2012 Commons Chamber

[Philip Davies (Shipley) (Con)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 2—Misuse of parking badge—

‘Anyone found guilty of knowingly allowing another to use their disabled parking badge shall be liable on summary conviction to fine not exceeding level 5 on the standard scale.’.

New clause 3—Use of stolen disabled parking badge—

‘Anyone found guilty of using a stolen disabled parking badge will receive a minimum custodial sentence of six months.’.

Amendment 1, in clause 2, page 2, line 18, at end insert ‘in writing’.

Amendment 4, page 2, line 18, at end insert

‘the written notification must be sent by registered post and signed for by the applicant or someone living at that address.’.

Amendment 2, in clause 3, page 2, line 34, at end insert—

‘(c) it is a defence to the offence in this section if a new valid parking badge has been issued that covers the time the badge was used or if the person being prosecuted has not received notification of the cancellation of the badge in question.’.

Amendment 3, page 2, line 35, at end insert

‘in subsection (4C), leave out the words after “on summary conviction to’ to end of line and insert “a custodial sentence not exceeding one month”.’.

Amendment 8, page 2, line 35, at end insert

‘after subsection (6) insert—

‘(6A) An issuing authority has a duty to send out badges that are being renewed no less than three weeks prior to the date of expiration of the badge in question provided the applicant has completed the necessary paperwork by the authority’s deadline for such paperwork.”.’.

Amendment 9, page 2, line 35, at end insert

‘after subsection (6) insert—

‘(6A) An issuing authority has a duty to invite members of the badge scheme in writing to renew their membership two months before the badge is due to lapse.”.’.

[Philip Davies]

I congratulate my hon. Friend the Member for Brighton, Kemptown (Simon Kirby) on his great achievement in getting this far with his private Member’s Bill. He has steered it through with his customary charm and skill. I very much hope that it will find its way on to the statute book and that it will make further progress today, but I believe that the Bill could be improved in some areas, so my amendments are proposed in a spirit of constructiveness more than anything else. I have not given up hope that he may be persuaded that some, if not all, of my amendments would greatly enhance not just the Bill’s wording but the spirit of what he is trying to achieve.

I should make it clear from the start that this subject is very close to my heart. Members may know that before I entered Parliament I spent many a year working for Asda. During that time, I was delighted to have the role of trying to improve the facilities and services for our disabled customers. The biggest issue that they used to complain about, by a considerable distance and without any real competition, was disabled parking—the abuse of disabled parking spaces and the fact that they found it difficult to get them and that there was a lack of them.

I spent a great deal of time considering that particular issue and was very proud to be a member of a campaign called baywatch. Before anybody gets the wrong idea, it had nothing to do with Pamela Anderson or people dashing around in red swimsuits and bikinis. The campaign was set up to improve disabled parking. Its members were the four major supermarket chains, as well as disability groups such as the Disabled Drivers Motor Club, the Disabled Drivers Association and Scope, which used to host our monthly meetings; Disability Now magazine was also an active participant.

Parking badges were without doubt one of the biggest problems, and the solutions are not as easy as people may think. I will not go through all the problems but I want to touch on why we need to tread carefully. People have blue badges for good reason—they have them because they need them to park close to where they need to go—but complications arise when, for example, somebody has been on holiday and broken their leg. They would not qualify for a blue badge, because they are reserved for people with more permanent conditions, but that person is incapacitated, albeit temporarily, and might need a parking space close to the store. The issue is not always as black and white as people may want it to be; shades of grey and nuances have to be taken into consideration.

I have spoken to organisations that represent people with disabilities who are particularly exercised by the problem of disabled parking, and my amendments are based on some of their thoughts. They would strengthen my hon. Friend’s Bill, and I hope he will be persuaded of the need to do that.

New clause 1 is fairly straightforward and self-explanatory:

“Anyone found guilty of knowingly using a fraudulent parking badge will receive a minimum custodial sentence of three months.”

The Bill, although excellent, is rather silent on the penalties for people who break the rules. These are serious offences and they should be treated as such.

One reason why we needed the baywatch group in the first place and why many people with disabilities are so exercised about this matter is the scale of the problem. It is not something that happens on just a few occasions; it happens day in, day out. I urge hon. Members to go around places where there are disabled parking bays to see how many of the cars display a valid badge. I think that they will be staggered by the number of times they come across one or more cars where a proper badge is not displayed. In my opinion, that is the case because the penalties for not displaying the correct badge are insufficient. The purpose of the new clause is that if the penalties were more severe, they would reduce the abuse of disabled parking bays.

[Mr Christopher Chope (Christchurch) (Con)]

May I seek a little clarification? The new clause refers to

“a minimum custodial sentence of three months.”

Does that mean that three months would have to be served in prison or that the sentence passed by the court would be three months, which might mean that only a few days would be served in prison?

[Philip Davies]

It would be the sentence passed by the court. My hon. Friend makes the good point that people who are sent to prison these days serve a maximum of only half their sentence. People with short sentences, such as three months, may serve considerably less than half their sentence. However, to reassure him that I am not going soft on crime in my old age, I still hope that one day we will have a Government who bring back honesty in sentencing so that the sentence handed down by the court is the one that is served. I obviously think that a person who is sentenced to three months in prison should serve three months in prison. Unfortunately, that is not the case under the current lax regime, but we should not give up hope that it may happen one day.

I have suggested this specific offence because my understanding is that there is currently no such offence. There are many people who are more qualified than I am, such as my hon. Friend the Member for Brighton, Kemptown and my hon. Friend the Member for Christchurch (Mr Chope), who is a lawyer of considerable distinction, who will perhaps clarify whether that is correct. Currently, anybody who is found guilty of knowingly using a fraudulent parking badge would have to be pursued under the Fraud Act 2006. As far as I understand it, no other offence would have been committed. Under the 2006 Act, the maximum sentence is six months in prison. Hon. Members could argue that we have the relevant offence in the 2006 Act and that there is already a maximum sentence of six months in prison, and ask why we need the sentence of three months. What I am trying to get across is the need for a minimum sentence.

Most people with disabilities are under the impression that nothing ever happens to people who go around using fraudulent blue badges. I wonder whether the Minister can give us any figures on that. The feeling is that such people are rarely caught, that if they are caught, they are very rarely prosecuted, and that if they are prosecuted, nothing really happens to them. That is why the problem persists. A minimum custodial sentence of three months would not only send out a message about how seriously the House takes this problem, but would act as a useful deterrent—[Interruption.]

[Mr Speaker]

Order. I apologise for interrupting the hon. Gentleman, but there is a lot of noisy wittering at the back of the Chamber. I am sure that hon. Members, whether Back Benchers or Ministers, will wish to listen to the speech of the hon. Gentleman and to show some courtesy. If they do not wish to do so, they are perfectly free to exit the Chamber. That might be a great relief, as it would allow the rest of us to focus on the hon. Gentleman’s speech.

[Philip Davies]

I am very grateful, Mr Speaker. When you talked about wittering, I thought for a moment that you were referring to my speech. The people concerned have voted with their feet and left the Chamber, rather than listen to my speech, so they should at least be commended for good taste.

We need to make it clear that this is a serious issue. The new clause would send out the message that we take this issue seriously and it would act as a useful deterrent. We should make the point that this is not only something that is wrong and immoral, but something that has a negative impact on somebody’s life. Such people are knowingly taking up a space that they do not need and preventing somebody who does need it from taking it up. They should suffer a more severe consequence than just a financial penalty.

[Mr Chope]

In expressing some reservations about this proposal, I say to my hon. Friend that setting a minimum sentence removes from the court any discretion. A rather dangerous precedent may be set by the European Union, which is thinking of passing a law that would mean that anybody who committed fraud against the European Union would be subject to a much higher minimum sentence than anybody who commits fraud against any other organisation. Is that not an example of a very bad precedent?

[Philip Davies]

I understand my hon. Friend’s point and he is far more expert in matters of law than I am or ever will be. I bow to his superior knowledge in that regard and, in the matters that we are discussing, as a former Transport Minister.

We would all be happy to leave more discretion to the courts if we felt that they were treating certain offences with the seriousness with which they are treated by the public and the people who are affected by them. People with disabilities and people like me who are concerned about the impact on people who need disabled spaces simply do not feel that anybody, including the courts, takes this matter seriously enough. This proposal is a last resort. If there was any evidence that this matter was being treated more seriously, I would not have brought it forward. I am making the point that the matter is not being treated seriously enough. It seems to me that this is the only way of doing so.

I take the point made by my hon. Friend the Member for Christchurch. There can be problems if discretion is taken away from the courts, but there are not many nuances at play in this issue. It is not as if there could be lots of mitigating factors. We are talking about somebody who is

“knowingly using a fraudulent parking badge”

Perhaps I am too strict on these matters, but I do not see that there could be much mitigation. I am sure that my hon. Friend, who was a distinguished barrister, could come up with some marvellous mitigation for one of his clients, but I cannot say that I would be greatly impressed by it. This is therefore the kind of offence where a minimum sentence would be useful.

[Mr Chope]

Without getting into too much detail, I would say that members of the legal profession benefit from the fact that the court has discretion when they put forward arguments on behalf of their clients and seek mitigation. If the court had no discretion, it might remove the role of the lawyer.

[Philip Davies]

My proposal would not end all discretion because, as I made clear, a court may send somebody to prison for up to six months. If my hon. Friend represented somebody as a barrister, and did so with great distinction, as he always used to in his previous life, I am sure that his client would be pleased to escape with just a three-month sentence. The point is that we must have lines in the sand to show that the offence is unacceptable.

[Jacob Rees-Mogg (North East Somerset) (Con)]

rose—

[Philip Davies]

I see my hon. Friend cranking into action, so I give way to him.

[Jacob Rees-Mogg]

I am interested by my hon. Friend’s new clause, which refers to people “knowingly using” a permit but does not say for what purpose. Would there be a three-month sentence for knowingly using a fraudulent permit as a Christmas decoration, or something like that, or would it have to be knowingly used for the purpose for which it was issued?

[Philip Davies]

As ever, my hon. Friend comes up with an entertaining point, and no doubt a rather good one. He may well be criticising the wording of my new clause in his customary charming way, but I think it is safe to say that using a fraudulent badge as a Christmas decoration would not land somebody in prison for three months. The offence would be using it fraudulently for the purpose for which parking badges are designed.

New clause 2 is along similar lines and states:

“Anyone found guilty of knowingly allowing another to use their disabled parking badge shall be liable on summary conviction to fine not exceeding level 5 on the standard scale.”

For the avoidance of doubt, I believe that means a fine of up to £5,000. One thing that particularly frustrates people with disabilities is when people who have a genuine blue badge hand it on to a family member, friend or whoever so that they can park in a convenient location where they would otherwise not be able to park. That undermines the rigour and fitness for purpose of the system, and it is a serious matter. It denies a space to someone who needs it and gives it to someone who does not. Again, I believe it deserves a more serious penalty.

I believe that the offence is currently covered by section 115 of the Road Traffic Regulation Act 1984. My hon. Friend the Member for Brighton, Kemptown or the Minister will correct me if I am wrong. The new clause would make the offence specific to the Bill, and it would attract a higher fine than it currently does. We should punish not just people who steal blue badges or own them fraudulently but those who abuse badges that are handed out genuinely. I hope my hon. Friend will see that those are serious matters that need more serious penalties.

New clause 3 states:

“Anyone found guilty of using a stolen disabled parking badge will receive a minimum custodial sentence of six months.”

I suspect that, again, my hon. Friend the Member for Christchurch will be concerned about the lack of discretion that the new clause would give the courts, and some people may well be concerned that it sets out an even longer sentence than new clause 1 does for the use of a fraudulent disabled parking badge. The reason why I believe the offence of using a stolen badge needs a more serious sentence is the double whammy effect that it has. If somebody uses a fraudulent blue badge that they have cooked up and designed to look like the real thing, they effectively take away a space from somebody who needs it. If somebody steals a blue badge, however, the double whammy effect is that not only are they using a space that they do not need and denying it to somebody else, but they have taken the blue badge away from the person who genuinely needs it. That person is therefore also unable to find a space. The reason for the length of the sentences suggested in the new clause is that a stolen blue badge is twice as serious as a fraudulent one—the offender not only benefits but deprives somebody else.

[Jacob Rees-Mogg]

I wonder whether my hon. Friend is not being a little bit harsh in his new clauses. Could he give us some guidance about what other offences attract such minimum sentences? After all, misusing a parking badge is only a parking offence.

[Philip Davies]

I will not get distracted by going off piste and talking about other offences that should have minimum sentences, but they are not an unusual idea. In fact, earlier this year we passed the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which included minimum sentences for threatening someone with a knife. The concept is not unusual, and the Government have been quite happy to use it.

My hon. Friend says that misusing a blue badge is only a parking offence, and he is clearly right, but I suggest to him that it causes a great deal of distress to many people. It not only causes inconvenience but can deprive people of the ability to go out and live their lives. I have spoken to many people who use blue badges, and sometimes they cannot go out because they know there will not be a parking space available to them, as they will all be clogged up by people who do not need them.

Planning regulations now set out a certain number of disabled parking spaces that should be available, so there should be an ample number, but we still find that people are abusing the system. I understand where my hon. Friend is coming from, but I do not see these offences as being just road traffic offences like not wearing a seat belt, which largely has an impact only on the person who does it. I see them as much more serious, because they deprive people of their freedom to go about their daily lives. It seems to me that when someone is found guilty of knowingly and recklessly denying others their freedoms, it is a reasonable punishment that their freedoms are taken away as well.

[Mr Chope]

Is not the problem with the new clause that there is no requirement that a person found guilty of using a stolen disabled parking badge should have done so knowing that it was stolen? Introducing a minimum sentence higher than the standard sentence for handling stolen goods, for example, which requires knowledge or belief that the goods are stolen, is surely far too draconian.

[Philip Davies]

My hon. Friend makes a very good point. I am quite happy to be found guilty of being draconian, and I seem to spend my life in Parliament asking for more draconian sentences for a range of offences. I do not mind his describing me in that way, because there are far worse things to be described as when it comes to law and order. I would sooner take the tag of being draconian than the tag of being soft on dealing with crime. However, he makes a perfectly valid point. As ever, his quick and insightful mind is a benefit to the House.

Amendment 1 suggests that when someone is given notice of the cancellation of a parking badge, it should be given in writing. It is simply intended to clarify what is expected of local authorities. Notification can be given in all sorts of forms, but it is important that everybody knows where they are and that there is a clear record that notice was given. If notice is given over the phone, a person who denies they ever received that phone call may well be on strong ground. Notification given in writing, however, is perfectly clear, so we should ensure that that is what happens.

--- Later in debate ---

[Mr Chope]

In this amendment my hon. Friend establishes himself not as draconian but as fair-minded, and for that reason it is a commendable measure.

[Philip Davies]

I am not sure whether it is a compliment or an insult to say that I am no longer draconian, but I will take it as a compliment in the spirit in which I think it was intended.

Amendment 3 to clause 3 would insert in subsection (4C) of the Chronically Sick and Disabled Persons Act 1970

“a custodial sentence not exceeding one month.”.

As I understand it, the existing penalty is a level 3 fine, which I believe is up to £1,000—I am sure the Minister or my hon. Friend the Member for Brighton, Kemptown will happily correct me if I am wrong. It would not be the first time I have been wrong, and it will not be the last time. The amendment would increase that penalty to one month’s imprisonment, meaning that anything up to that could be used as a punishment, including, for example, a community order or prison for repeat offenders. That would also allow the use of increased fines, as suggested by Disabled Motoring UK—one of the organisations I consulted in advance of this debate.

My hon. Friend the Member for Christchurch will be elated with this amendment. I have moved away from the principle of a minimum sentence, and the provision would simply allow the courts to increase the penalty to up to one month’s imprisonment, if they saw fit. It would place no more onerous obligations on them than that, but it would reflect how seriously these offences should be taken. It may be that for persistent offenders, a short prison sentence is the most appropriate penalty, and I commend the amendment to my hon. Friend the Member for Brighton, Kemptown.

Amendments 8 and 9 also relate to clause 3. Amendment 8 would insert in subsection (6) of the 1970 Act:

“An issuing authority has a duty to send out badges that are being renewed no less than three weeks prior to the date of expiration of the badge in question provided the applicant has completed the necessary paperwork by the authority’s deadline for such paperwork.”

That was suggested to me by Disabled Motoring UK, and, if I may, I extend my thanks to that organisation for its help in considering the Bill and ways that it may be improved.

All local authorities should be required to send out badges in good time. Clause 3 is about the use of parking badges that are no longer valid. When a badge is being renewed—unless my earlier amendments regarding the defence that someone did not receive a letter or can still use their old badge in some circumstances are incorporated in the Bill—amendment 8 is a further defence mechanism. If we do not have such defences in the Bill, we must find some way to ensure that local authorities send out renewals in good time. We must ensure that people receive their badges on time and do not inadvertently fall foul of my hon. Friend’s Bill.

In terms of time scale, I am the first to concede that my choice of three weeks is somewhat arbitrary, and I accept criticism for that. It seems to me, however, that three weeks is a reasonable time for any delays in the post to be dealt with, and it should ensure that everybody receives their renewal before their previous badge has expired.

[Mr Chope]

Will my hon. Friend clarify what he means by “renewal”? My understanding is that many disabled parking badges are issued indefinitely for people who are permanently disabled rather than limited to a period. If they were so limited, we might not have so many problems, but what does he mean by “renewal”?

[Philip Davies]

I mean exactly what I say. My hon. Friend is right, but some badges have an expiry date and must therefore be renewed, and my proposal deals with that. Some renewals are automatic. I am in favour of expiry dates in some cases, because people’s disabilities change over time—people might not need a blue badge further down the line as the nature of their disability changes. However, people should expect to receive a renewal on time. If they do not, it makes a mockery of the system.

As I have said, amendment 8 would provide a further safeguard if my other proposals are not accepted, but I should make it clear that any one amendment is not dependent on the acceptance of the others. There is no reason why amendments 2, 3 and 8 should not be accepted—they are not contradictory, but in many respects complementary. However, if one or other is not accepted, we still need a safeguard in the Bill.

Amendment 9 is on a theme similar to amendment 8. It asks that an

“issuing authority has a duty to invite members of the badge scheme in writing to renew their membership two months before the badge is due to lapse.”

That, too, would be an additional safeguard. We need to ensure that the people who use badges are the people who need and are entitled to them, and we need to prevent people who do not need and are not entitled to them from using them. The problem we could end up with is that some people could fall foul of the law even if they genuinely need a blue badge and if they would have one in other circumstances.

Amendment 9 would ensure that issuing authorities have a duty to remind people that the expiry date is coming up and they need to renew, so that people are not caught out with an out-of-date badge. They would fall foul of clause 3, even though they are not the people whom the Bill chases. The amendment would ensure that we go after people only if we should be going after them, and that people do not inadvertently fall foul of the regulations.

My general theme is that the offences are serious, and hon. Members have a duty to tackle them. I commend my hon. Friend the Member for Brighton, Kemptown for introducing the Bill. He has picked a subject that is incredibly important to people around the country. I met many such people in my years at Asda when we tried to tackle this thorny problem, and many of my constituents are incredibly frustrated by it. The theme of my proposals is to stiffen the penalties for people who fall foul of the rules, abuse the blue badge scheme, and knowingly take places away from people who need them, and to treat such offences with the seriousness with which many constituents treat them. People are appalled by those who abuse disabled parking spaces and who use blue badges when they are not entitled to them. I seek to punish them properly, but I also want to ensure that the Bill does not catch people for whom the blue badge scheme was designed and who inadvertently fall foul of it.

I commend my proposals. I look forward to the Minister’s support and to my hon. Friend incorporating them in the Bill.

[Mr Chope]

I had hoped that we would hear from the Minister and the promoter of the Bill, my hon. Friend the Member for Brighton, Kemptown (Simon Kirby), whether any of the proposals of my hon. Friend the Member for Shipley (Philip Davies) would be acceptable. I have set out in interventions why I am nervous about the introduction of more minimum custodial sentences, because it undermines the discretion that we should allow the courts in deciding the appropriate penalty, subject to a maximum penalty.

[Philip Davies]

I understand my hon. Friend’s point, but does he agree that, in many cases, courts undermine the principle of their having freedom and discretion by not giving the strong sentences that the public would wish people to be given?

[Mr Chope]

My hon. Friend is right in one sense. Instead of independent courts deciding sentences, the Government give sentencing guidelines, which inhibit courts’ ability to implement the sentences that they believe to be appropriate. I accept that that undermines the independence of the magistracy and the judiciary in deciding on the right sentence. The guidelines cross the line between the Executive and the judiciary, which leads to pressure on my hon. Friend to introduce measures such as new clause 1. He believes that introducing a legal minimum sentence is the only way to ensure that courts genuinely have the discretion to give a serious sentence if they believe it is merited, and are not undermined by the sentencing guidelines.

I am with my hon. Friend to that extent, but I am nervous, because as with so many things, introducing one constraint results in unforeseen consequences. In an intervention, I cited a current example. The Ministry of Justice is fighting the EU over the suggestion that a fraud against the EU is somehow much more serious than fraud against anybody else, even though for time immemorial the EU has not been able to get its accounts audited. That is the difficulty with proposals to introduce minimum custodial sentences, although I recognise that my hon. Friend’s proposal rightly takes account of the strength of public outrage at the abuse of the disabled parking badge system.

[Philip Davies]

I understand my hon. Friend’s parallel, but I am not asking for a more severe sentence for disabled badge fraud than for any other kind of fraud. The maximum sentence under the relevant part of the Fraud Act is six months. I am asking merely for a minimum of three months. I am not treating the offence more seriously, but saying that the powers to deal with such offences should be invoked.

[Mr Chope]

My hon. Friend is saying that if somebody is found guilty of knowingly using a fraudulent parking badge, the court should be limited to giving a sentence of anything between three and six months, but would have no discretion, for example, to issue a community sentence or a fine, and could not take account of a situation in which sending the offender to prison would be unthinkable. I am probably sounding rather soft compared with my hon. Friend, but that is an example of a court’s discretion. If the offence carries a maximum penalty of six months, why can we not leave it to the courts to decide what penalty should be imposed without requiring them to impose a minimum three-month sentence? That is my difficulty with new clause 1.

By contrast, in new clause 2 my hon. Friend is talking about a maximum fine not exceeding level 5 on the standard scale, thereby ensuring that the sentencing authorities have discretion to decide the level of fine or whether indeed a fine would be appropriate.

The other points that my hon. Friend made are centred around the issue of renewal of disabled parking permits, and that fits in with his opening remarks. It is now some 20 years since I was the Minister responsible for this area of policy, and at that stage we still had the problem of people who were very disabled for a short period of time because of an accident, for example—they would make a recovery in due course, so they were not permanently disabled, but their mobility was just as lacking as that of someone who was permanently disabled. The fact that the disabled persons’ parking badges scheme has not accommodated the temporarily disabled has caused a lot of misunderstanding and resentment. I have had many constituency cases—I am sure that my hon. Friend has too—of people who thought that they were more disabled than someone living next door, but because their disability was not, or might not be, permanent, they were not entitled to a badge.

[Philip Davies]

I think I made it clear in my speech that we had the same issue when I was working for Asda. Is my hon. Friend suggesting that, because of that anomaly, it would be acceptable for someone who has a blue badge to hand it over to someone with a temporary disability and that that should not be penalised?

[Mr Chope]

Far from it; I am not suggesting that at all. I believe in the rule of law and at the moment that is unlawful. The point that I was trying to make is that, although the Bill was discussed briefly in Committee, it was never debated on Second Reading because it went through on the nod. When I read the Bill, I thought that one of the best things about it was that it would give discretion to local authorities to award disabled persons’ parking badges for a limited period. So if, for example, someone had a medical certificate saying that their disability was such that they would lack normal mobility for six months, the local authority would be able to issue a disabled parking permit for that period instead of being able only to issue an indefinite one. It is my understanding that the Bill would give local authorities that additional discretion—

[Mr Chope]

Absolutely, Mr Speaker. In commenting on my hon. Friend’s amendments relating to the notice period following the renewal of licence, I was speculating on the discretion that a local authority has to set a fixed period for a licence after which it would have to be renewed and notification would have to be given to the recipient. I may be wrong, but my understanding is that standard procedure at the moment is for local authorities to issue a licence for an indefinite period that is coterminous with the lifetime of the person to whom the licence has been issued. The Bill would give a new discretion to local authorities to set renewal periods, and it would be to the exercise of that discretion that the provisions in my hon. Friend’s amendments relating to the process of notification for renewals would be relevant. That is the background to the point that I was making.

You said that I lamented the lack of a Second Reading debate, Mr Speaker, although I did not use that word. The lack of such a debate means that speculation about the intent of the Bill in relation to local authority discretion is at large, and has perhaps been anticipated by several of my hon. Friend’s amendments.

If local authorities have discretion to renew licences and issue them for fixed periods of time, it is reasonable to say that there should be a specified period within which the local authority would send to the licence holder notification that it had to be renewed, giving the holder time in which to obtain the relevant documents to facilitate the renewal, should that be necessary.

There is much to commend some of my hon. Friend’s amendments, although I am sorry that I cannot go along with him on all of them—

[Philip Davies]

It would be incredibly helpful to me—if to no one else—if my hon. Friend could be more specific about which of my amendments find favour with him.

[Mr Chope]

I find amendment 9 quite appealing. It states:

“An issuing authority has a duty to invite members of the badge scheme in writing to renew their membership two months before the badge is due to lapse.”

That is a reasonable amendment, especially in the light of the draconian penalties for not having a licence in order. New clause 2 is also perfectly reasonable, as it states:

“Anyone found guilty of knowingly allowing another to use their disabled parking badge shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

However, new clause 3, for the reasons I have already put forward, goes too far. There is already an offence of handling stolen goods. If a disabled parking badge has been stolen, anyone using it would effectively be handling it and would be liable to the full force of the law, and the maximum penalty for handling stolen goods is several years in prison. Indeed, it is often said that without handlers there would be no thieves, and that is why the courts have always come down heavily on handlers.

[Philip Davies]

I take my hon. Friend’s point, but likewise without thieves there would be no handlers.

[Mr Chope]

I cannot disagree with my hon. Friend on that point, although courts and politicians have said over many years that we should not necessarily treat thieves with more severity than we do handlers. Anybody who handles a stolen disabled parking badge should be severely dealt with, but the problem with new clause 3 is that there is no requirement that the person found guilty of using a badge did so with mens rea—guilty intent.

[Philip Davies]

My hon. Friend suggests that the person using the badge might not know that it was stolen, but by definition they would know that it was not theirs and that they were not entitled to use it. It is not as though they could be an innocent bystander in this scenario. They would know that they did not have the disability that qualified them for a blue badge. My hon. Friend might be splitting hairs on this point.

[Mr Chope]

That is indeed the trade in which lawyers work—they do split hairs. As legislators, we need to try to anticipate how those hairs might be split, or what opportunities there are for splitting them, and thereby ensure that the laws that we pass in this House are clear beyond peradventure. That is what I am trying to ensure happens in this case.

[Philip Davies]

I understand that, but the point remains. Why would it be any better if the person did not know the badge was stolen, when they would clearly know that it was not theirs? There does not seem to be much of a hair to split.

[Mr Chope]

That takes us back to the word “using” in my hon. Friend’s new clause 1, because it depends on whether, by a person using the badge, we mean that the person driving the vehicle does not know that the disabled person sitting next to him has a disabled permit or badge but is not entitled to it because he has stolen it, whether we mean that the person driving the car is using it, or whether the person sitting next to him is purporting to be disabled and is the person who is using it. There would therefore be scope for lawyers to be engaged in that, if the wording remains as it is.

--- Later in debate ---

[Norman Baker]

I agree with that, and that is indeed the position. We require blue badges to be renewed on a regular basis—I think it is every three years—to take account of the possibility of improvement to people’s mobility and disabilities. We hope that there are such improvements, and in some cases that is true. Even for those with permanent disabilities—loss of a limb, for example —we still need to ensure that the photograph on the badge is up to date, the address information is correct and that the badge has not faded, which has been a factor in the past, though it is less so now with the new badge design. It is sensible to have badges renewed on a regular basis and that already happens. There are no indefinite badges; that problem has already been taken care of.

As I said to the hon. Member for Shipley, we have not had a huge amount of time to examine the new clauses and amendments. I am not convinced that they have merit, but I will undertake to ask officials to look at them. If there is any merit, we will deal with that in another place. On that basis, I ask the hon. Gentleman to withdraw his new clause.

[Philip Davies]

I am grateful to hon. Members who have contributed to the debate on my amendments, particularly my hon. Friend the Member for Christchurch (Mr Chope), who did not agree with them all but adopted his normal forensic approach and pointed out some flaws that I accept.

I am also grateful for the comments of my hon. Friend the Member for Brighton, Kemptown (Simon Kirby) and the Minister. If I heard correctly, in his brief comments the Minister said that he would consider my amendments in more detail and, if there was any merit in them, would deal with them later. I will take that offer in the good faith in which I am sure it was intended. I will happily meet him to discuss some points in order to improve the Bill even further. That will be to the benefit of genuine blue badge holders. On the basis of his kind offer, for which I am genuinely grateful, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Third Reading

--- Later in debate ---

[Philip Davies]

I, too, congratulate my hon. Friend the Member for Brighton, Kemptown (Simon Kirby). Thus far he has steered his Bill through with great skill, like an old hand, as my hon. Friend the Member for Christchurch (Mr Chope) said. Indeed, if he can introduce a private Member’s Bill that finds favour with my hon. Friend the Member for Christchurch, he is doing particularly well—certainly a lot better than what many others can hope to achieve—and I congratulate him on that.

Joking aside, this is an important Bill. As I have made clear, I spent an awful lot of time at Asda trying to improve the facilities and services for our disabled customers. The Bill deals with what I would say is by far and away the biggest issue facing people with disabilities who need a place to park close to where they need to go. It is not only immensely frustrating for them, but I think we all feel a sense of revulsion when people needlessly and thoughtlessly use a bay or abuse the badge system to park in a place to which they are not entitled. It is something we should be much stronger about. In concentrating on this issue, my hon. Friend the Member for Brighton, Kemptown has found an issue on which we can all agree that something needs to be done.

My hon. Friend’s Bill finds the right balance. It will be a big step forward in ensuring that badges are not abused and will be a useful tool in ensuring that there are no unaccounted badges out there that should not be out there. It gives local authorities the appropriate powers they need to clamp down on the problem. If there is a big problem in an area, it is useful to give the local authority the flexibility to take the action they feel is necessary in their local community to tackle it. My hon. Friend’s Bill is excellent on all those points.

I agree with my hon. Friend the Member for Christchurch about the issue of temporary disabilities, if I may describe it that way. It was an issue we tried to deal with in our “bay watch” meetings about disabled parking; indeed, what to do when somebody has a temporary disability, which may have been caused by an accident, was a big issue at Asda. The Bill may not be the final word on that matter, but it strikes the balance given what is possible at the moment.

To conclude, I am extremely grateful that the Minister is going to look again at my amendments. They are modest amendments, and the Bill could be improved in another place by adopting just one or two of them, even if he did not accept my new clauses. Some of the other amendments would strengthen the Bill by making the duties on local authorities much clearer, which is a help to them as much as the people they deal with. The Bill is excellent; making that change would be the cherry on top and would make it even more excellent, so I hope the Minister will look favourably on it. In the meantime, I congratulate my hon. Friend the Member for Brighton, Kemptown. I hope the Bill goes speedily through the House of Lords. Many of my constituents, along with many constituents of my hon. Friend the Member for Christchurch and many others round the country, will think that today we have achieved something incredibly worth while.