HC Deb 25 January 1967 vol 739 cc1489-91
45. Sir G. Nabarro

asked the Minister of Transport whether she is aware that Mrs. G. Smith, of Drakes Broughton, Worcestershire, who was booked for her driving test in Birmingham on 14th October, 1966, was subsequently subpoenaed to attend at Staffordshire Assizes on that day as a witness and that her Department have refused to refund Mrs. Smith's driving test fee; and whether she will instruct her Birmingham Regional Office to refund the fee to Mrs. Smith.

Mrs. Castle

I am afraid I cannot at present trace this case with certainty; no test for a lady of this name was booked in Birmingham for 14th October. But if the hon. Member would care to give me more details, I shall be glad to look into the matter further.

Sir G. Nabarro

Would the right hon. Lady accept my assurance that I have myself examined all the documents with her Department? Is it not the fact that this lady gave the requisite notice of withdrawal, having received a subpoena to attend assizes in Stafford? In those circumstances why should an official of her Department be so over-bearing and officious as to refuse to recognise the supreme summons of a subpoena to an assize court?

Mrs. Castle

I cannot accept the hon. Gentleman's statement. I am not able to verify the exact details of this case for the simple reason that the lady herself has never written in reclaiming the fee. There are reports of a telephone call. I can only gather the appropriateness or otherwise of what the hon. Gentleman says from a Press report. That is why I ask him to give full particulars. The provisions of the Act under which this kind of case is treated were introduced by the hon. Gentleman's own Conservative Administration in 1962. The proviso that there must be three clear working days' notice in order for the examination to be taken up by someone else was laid down by his Government. May I ask him whether he does not now feel—[HON. MEMBERS: "No."]—You do not like it. That is why.

Mr. Speaker

Order. I should remind the right hon. Lady that there are a lot of Questions.

Mrs. Castle

May I ask the hon. Gentleman if he will confirm his statement, as reported in the Sunday Express, that I had been harsh and feline? Will he not agree that he has been irresponsible?

Mr. Peter Walker

When the right hon. Lady regains her temper, perhaps she could comment on the proposition that, if someone is subpœnaed to attend an assize court—and if legislation is needed to amend the previous Act, we shall support it—such a licence fee should be refunded as a matter of principle?

Mrs. Castle

Quite frankly, there is a difficulty here. When the Bill which later became the 1962 Act was before the House, an Amendment was moved to include hardship as a ground for refund. That was negatived by the majority of the House and, therefore, it is obvious that the House realised the difficulties which arise if an exception is once made. However, I am quite willing to look into the details of this case, but the fact is that the lady herself has not written to my Ministry, nor has the hon. Gentleman taken the trouble to write to me about it.

Sir G. Nabarro

On a point of order, Mr. Speaker. Having regard to that most unsatisfactory reply, I shall ask you for an Adjournment debate at an early date.

Mr. Speaker

Order. Adjournments must be asked for in the conventional way.