HC Deb 21 May 1914 vol 62 cc2137-8
65. Mr. FELL

asked the Home Secretary if he will instruct the police to prosecute in the case of the first motor car which they find being driven at night in the Metropolitan area with headlights of a dazzling brightness, so that the question may be decided by the magistrate whether the car is or is not being driven to the common danger of the public?

Mr. McKENNA

I would refer the hon. Member to the answer which I gave on the 23rd of April as to the legal position of the police in the matter. I do not think that proceedings could usefully be taken unless there were definite evidence that the driving of a car with dazzling headlights was an actual cause of danger. If a case arises in which such evidence is available, the question of proceedings will be considered.

Mr. FELL

Will the right hon. Gentleman not go a little further and test the question of law. I believe the law is as stated in the question?

Mr. McKENNA

No, I am advised that the hon. Gentleman is mistaken as to the law, and it would clearly be improper to begin proceedings in which the prosecutor himself believes that he had no case under the existing law; but if circumstances occur which lead the prosecutor to believe that there is evidence of public danger, the question of taking proceedings will be considered.

Colonel YATE

Does not the right hon. Gentleman see that a dazzling light in the eyes of the driver prevents him from seeing a man crossing the road in front of him? Why wait for an accident?

Mr. McKENNA

We are not waiting for an accident. If the hon. and gallant Gentleman will bring to our notice a specific case of what he describes as dazzling lights constituting a public danger, a prosecution in that case will be considered, but the fact of driving with a light which the hon. and gallant Gentleman considers dazzling does not of itself necessarily constitute a public danger. I should have thought the law was quite clear.

Mr. WORTHINGTON EVANS

Does not the right hon. Gentleman know that even in the little Principality of Monaco headlights are prohibited?

Mr. McKENNA

The hon. Member is much more familiar than I am with Monaco.