3. Mr. Gresham Cookeasked the Secretary of State for the Home Department if he is satisfied that the police are given sufficient power under existing law to prosecute in cases of obnoxious and excessive diesel engine fumes; and if he will make a statement.
§ The Joint Under-Secretary of State for the Home Department (Mr. David Renton)The existing powers are regarded by the police as reasonably satisfactory, though difficulties sometimes arise. Careful consideration is being given to my hon. Friend's suggestion for amending the appropriate Regulation which was contained in the Question which he put to my right hon. Friend the Minister of Transport on 4th November.
Mr. Gresham CookeWould my hon. and learned Friend think of this point, that the law is really too narrow at the moment to provide a ground for successful prosecutions? In my view, and in the view of policemen to whom I have talked, it would be a help if the words "annoyance or inconvenience" were added to the construction of this Regulation in considering such fumes.
§ Mr. RentonI will bear in mind my hon. Friend's view, but I have consulted the Commissioner of Police recently and he has expressed the view that, generally speaking, it is not that there is any shortcoming in the wording of the Regulation which prevents prosecution, but that the evidence forthcoming has been inadequate.