§ Mr. Michael ForsythI beg to move amendment No. 128, in page 38, line 27, after 'or', insert 'reasonable'.
The ChairmanWith this it will be convenient to take amendment No. 129, in page 38, line 30, after 'removes' insert, interferes with'.
§ Mr. ForsythThese are minor but important additions to clause 58(4), which is the offence provision on the fencing and lighting of obstructions on excavations in the road. As the clause stands, it is an offence for a person to take down or remove such safety items without lawful authority or excuse. It is possible to imagine an offender dreaming up an improbable excuse for his action which woule enable him to escape the penalty provision of the clause. Therefore, the amendment requires that the excuse will be reasonable, and in so doing is consistent with the requirements in clause 122(2).
The second amendment, which I understand has the support of the Association of Chief Police Officers (Scotland) is designed to close a loophole in the offence relating to lights on obstructions and excavations in the road. At present it is an offence to remove or extinguish such light, but it is not clear that other dangerous interference, for instance, turning a light round the wrong way, should be caught by the provisions. The second amendment would rectify the position.
§ Mr. AncramI have listened with attention to my hon. Friend's submission on these amendments and I believe that they are improvements to the Bill as it stands. Accordingly, I ask the Committee to accept them.
§ Amendment agreed to.
§ Amendment made, No. 129, in page 38, line 30, after `removes' insert, interferes with'.—[Mr. Forsyth.]
§ Clause 58, as amended, ordered to stand part of the Bill.