Disabled Persons’ Parking Badges Bill

John Bercow 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.

[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.

--- Later in debate ---

[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 Speaker]

Order. The hon. Gentleman cannot take the opportunity now to initiate a Second Reading debate, the absence of which he spent some moments lamenting. He must now focus his remarks on the new clause, accompanying new clauses and amendments. I feel sure that after that brief diversion that is precisely what he is now minded to do.

[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—

--- Later in debate ---

[Simon Kirby (Brighton, Kemptown) (Con)]

I have listened carefully to the clearly thought out arguments of my hon. Friends. I admit to having some sympathy with the amendments, as the Bill is designed to stop the abuse of the blue badge scheme, but I would like to make some observations that I hope will be helpful.

My hon. Friend the Member for Shipley (Philip Davies) mentioned section 115 of the Road Traffic Regulation Act 1984, but he did not mention the Fraud Act 2006 or the Theft Act 1968, which may also apply in some circumstances. The Bill is about enforcement, not sentencing, as that is properly dealt with elsewhere.

There was some concern about people not being notified. The proposed subsection 7AB to the Chronically Sick and Disabled Persons Act 1970 states clearly that cancellation takes effect only when notice is given. Therefore, if a person has not received a notice, the badge is not cancelled. On that note, I ask my hon. Friend to withdraw his amendments so that we may proceed with some haste.

[Mr Speaker]

I am grateful to the hon. Gentleman. He has completed his own consideration. I think the Minister will wish to give us his view.

[The Parliamentary Under-Secretary of State for Transport (Norman Baker)]

I have listened carefully to the contributions of the hon. Members for Shipley (Philip Davies) and for Christchurch (Mr Chope), and of course to my hon. Friend the Member for Brighton, Kemptown (Simon Kirby).

I understand why the amendments and new clauses have been tabled. They have been tabled, as the hon. Member for Shipley will appreciate, somewhat late in the day. Therefore, it has not been possible for us to give full consideration to the implications of what he has put forward. What I would say in general terms is that some of the measures he proposes do seem draconian, to use a word that was bandied around earlier today, and some of the measures that he wants to introduce may not be entirely necessary. For example, it is not necessary to have a separate offence of allowing another person to use a blue badge, as that conduct is already covered by section 115 of the Road Traffic Regulation Act 1984. Sections of 44 and 45 of the Serious Crime Act 2007 also have a role to play. At this stage, I do not think there is a case for accepting any of his new clauses or amendments, but I will undertake to look at them carefully. If there is any merit to any of them, I will be prepared to look at them and so will the Lords.