HL Deb 25 November 2002 vol 641 cc613-7

5.54 p.m.

The Minister of State, Home Office (Lord Falconer of Thoroton) rose to move, That the draft order laid before the House on 23rd October be approved [39th Report, Session 2001–02, from the Joint Committee].

The noble and learned Lord said: My Lords, the draft order has been laid in consequence of Section 44 of the Police Reform Act 2002. Its approval is important as part of advancing our measures under the reform agenda to ensure that the police can focus efficiently and effectively on their core functions.

Section 44 removes existing restrictions on the power of traffic wardens to stop vehicles. The provision relates solely to traffic wardens employed by police authorities—not, for example, local authority parking wardens. Along with the Act's provisions for community support officers and accredited community safety officers, it will come into effect on 2nd December.

Although the Act enables community support officers and accredited community safety officers to perform certain functions, traffic wardens can exercise their powers for functions prescribed by the Secretary of State only in a functions of traffic wardens order. The draft order before us amends the Functions of Traffic Wardens Order 1970, as amended, to enable them, from 2nd December, to use their extended power for two specified purposes.

Article 2 of the draft order provides that for those purposes, references to a constable in Sections 67(3) and 163 of the Road Traffic Act 1988 include references to a traffic warden. Those sections deal with the power to stop vehicles specifically for testing purposes and the general power to stop vehicles. Currently, traffic wardens' powers to stop vehicles are limited strictly to the regulation of traffic.

Prior to the debate, the noble Lord, Lord Bradshaw, was kind enough to raise with me the issue of whether, by these or amending regulations, traffic wardens would be given power to stop cyclists who, for example, rode on the pavement or the wrong way down a one-way street. Because the noble Lord raised the matter with me previously, I have been able to take advice on the issue and I am advised that that power, which he wants traffic wardens to have, is already given to them in their power to stop vehicles for the regulation of traffic. So I am advised that that power already exists.

Article 3(2) of the order prescribes two functions for which traffic wardens can use the powers. Under the Police Reform Act 2002, community support officers and accredited community safety officers, who may, for example, be local authority employees, will also be able to fulfil those functions. First, traffic wardens will be able to stop vehicles for road-worthiness and emissions tests under the provisions of Section 67(1) of the Road Traffic Act 1988. Secondly, traffic wardens will be able to escort abnormal loads authorised by the Secretary of State under Section 44(1)(d) of the Road Traffic Act 1988. At present, they cannot do that because they do not have the general power to stop other vehicles, which may be required.

For the conduct of tests, at present only a constable in uniform can stop vehicles. The police are not always able to assist in that way and we recognise that police involvement in such checks may not be seen to be the most effective use of police resources. That amendment will help to reduce demands on the police and benefit the Vehicle Inspectorate and local authorities by enabling them to have more reliable service provision.

The movement of abnormal loads is controlled by orders made under Section 44 of the 1988 Act. Under those orders, hauliers moving abnormal loads have to notify each force whose areas they pass through. The force then decides whether or not an escort is necessary; there are no statutory obligations. The police have been pressing to be relieved of that non-core function and the Association of Chief Police Officers issued new guidance last year to reduce their involvement. It has been reduced by more than 20 per cent with no reported problems. In some cases, however. the exercise of police powers to direct and stop traffic is needed. It may be necessary, for example, to instruct other vehicles to stop or to move aside while a load passes, or to instruct a load to go the wrong way round a roundabout.

Traffic wardens already have the power to direct traffic: enabling them to stop vehicles will enable them to undertake escorting duties or to work in teams to facilitate the movement of abnormal loads that would otherwise require an escort. That will help to reduce police involvement in the escorting of abnormal loads. It will also provide a more guaranteed service for hauliers, who at present have to wait until each force whose area they pass through can provide an escort.

As I mentioned, provisions in the Police Reform Act 2002 will make it possible for community support officers and accredited community safety officers to have a limited power to stop and direct traffic for the purposes of escorting. It will be for individual chief officers to decide whom to appoint as community support officers, whom to accredit and for what purposes to use them.

The Department for Transport and ACPO are also currently working with the haulage industry on the best arrangements for the management of abnormal loads on the roads, including the possibility of self-escorting. Any new arrangements will take full account of training needs, health and safety issues and good operational practice in relation to such issues as relations with other agencies and road users.

The final part of the draft order removes the existing prohibition on traffic wardens directing traffic from a moving vehicle. This is no longer appropriate if traffic wardens are used for escorting duties. The draft order extends the potential roles in which traffic wardens can be used. By so doing, it supports our other measures, such as the introduction of community support officers and accredited community safety officers to provide chief officers of police with a means to help reduce the burden on the police of work unrelated to crime and public order. This frees up police time for their core functions, facilitates the enforcement of other legislation, promotes road safety and provides a better service to other interests. Such outcomes are an essential part of our police reform programme. I commend the order to the House.

Moved, That the draft order laid before the House on 23rd October be approved [139th Report, Session 2001–02, from the Joint Conttnitted.—(Lord Falconer of Thoroton.)

6 p.m.

Viscount Bridgeman

My Lords, we have no objection to the order. For clarification, how d o the functions of community support officers and ACSOs differ from those of traffic wardens? Do they have the power to stop vehicles, or is it solely limited to directing heavy loads?

Lord Bradshaw

My Lords, I have roughly the same question. I understand that community support officers and accredited persons can have such powers as are conferred on them by chief officers of police. The situation is confused. In places where there is special parking area status there are no traffic wardens, or they have quickly been withdrawn by the police in favour of local authority-employed wardens, who act as parking wardens.

I have no objection to the proposals and I am grateful to the noble and learned Lord for clarifying the position of cyclists. However, we shall probably need some general notification of what community support officers and accredited persons can do; otherwise, each chief officer may give different powers to different people. That could lead to confusion on what powers people have. Some thought needs to be given to that, although it does not apply under the order that we are considering.

We welcome the order, which will free up some police time to be used on other matters. The issue of escorting abnormal loads has been under consideration for a considerable time with the road haulage industry. It should be resolved as quickly as possible. Thought has been given to giving that duty to the AA, the RAC or some other responsible body, provided the people concerned are properly trained.

We certainly do not oppose the order, but we want the duties of CSOs and accredited persons to be codified in some way so that people will know where they stand.

Lord Falconer of Thoroton

My Lords, community support officers and accredited community safety officers already have the relevant powers—under Schedule 4 to the Police Reform Act 2002 for community support officers and under Schedule 5 of that Act for accredited community safety officers. As I said in my opening remarks, traffic wardens have only such powers as are conferred on them by orders such as these. In a sense we have brought them into line.

I note what the noble Lord, Lord Bradshaw, says about clarity on who has what powers. Schedules 4 and 5 set out the powers of community support officers and accredited community safety officers respectively and orders such as this set out the powers of traffic wardens. I accept that people need to go through a bit of a legislative maze to find out what they are. How they are used in practice will depend on the chief constable in each area. We have to see how that develops over time.

I am grateful for the support of the noble Viscount, Lord Bridgeman, and the noble Lord, Lord Bradshaw, for the order in principle.

On Question, Motion agreed to.