HC Deb 26 July 1967 vol 751 cc873-4

Lords Amendment: No. 64, in page 35, line 32, leave out from "sentence" to "and" in line 33.

Miss Bacon

I beg to move, That this House doth agree with the Lords in the said Amendment.

It might be convenient if the House were to take with this Amendment No. 169. Both of these are drafting Amendments.

Question put and agreed to.

Subsequent Lords Amendments agreed to.

Lords Amendment: No. 67, in page 37, line 10, leave out from "disqualified" to "nevertheless" in line 11 and insert "it may"

Miss Bacon

I beg to move, That this House doth agree with the Lords in the said Amendment.

Mr. Speaker

We will take with this Amendment Nos. 68 to 73 inclusive.

Miss Bacon

Without the Amendment, subsection (8) would provide that where magistrates commit an offender to be dealt with by a higher court for an offence punishable under the Road Traffic Acts by disqualification, where the disqualification is mandatory, the magistrates would have a duty to order interim disqualification and, where it is discretionary, would have power to do so. This dual provision was designed to make the subsections of the Clause accord as far as possible with the substantive road traffic law.

However, to avoid this difficulty the Amendment makes an order of interim disqualification entirely within the discretion of the magistrates. I hope that hon. Members opposite, particularly the hon. Lady the Member for Tynemouth (Dame Irene Ward), who is not now with us, will welcome this Amendment, because it gives a discretion to the magistrates rather than making it mandatory upon them.

Question put and agreed to.

Subsequent Lords Amendments agreed to.