HL Deb 22 July 1965 vol 268 cc895-6

3.25 p.m.

LORD WAKEFIELD OF KENDAL

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

[The Question was as follows:

To ask Her Majesty's Government what steps are being taken to clarify the law about the disqualification from driving of motorists.]

THE PARLIAMENTARY SECRETARY, MINISTRY OF TRANSPORT (LORD LINDGREN)

My Lords, Her Majesty's Government have no evidence that the law on this subject needs clarifying in any major respect. The Road Traffic Act 1962 provides, subject to certain safeguards for drivers, for the three main classes of disqualification. First, a minimum of 12 months' automatic disqualification for the six most serious motoring offences; second, discretionary disqualification for a further twenty grave offences; and, thirdly, a minimum of six months' automatic disqualification for anyone convicted three times in three years for any of the 26 offences. Wide publicity was given to these provisions both while the Bill was passing through Parliament and when they came into force.

LORD WAKEFIELD OF KENDAL

My Lords, I thank the noble Lord for his Answer. Is he not aware that there is confusion both in the public mind and in the minds of those responsible for administering the law as to whether disqualification of a driver is a punishment or is merely a way of protecting the public, for some good reason? Does he not think that it is now time that this confusion in the public mind should be removed, and that it should be clearly laid down whether disqualification is a protection for the public or a punishment, or to what extent it is a mixture of both?

LORD LINDGREN

My Lords, it is a mixture of both. From my experience as a magistrate I have found that most motorists would sooner be heavily fined than disqualified.

LORD WAKEFIELD OF KENDAL

My Lords, I thank the noble Lord for that second answer. Does he realise that his answers have made the issue perhaps even more confused than it was before? People do not know where they are. Ought it not to be clearly laid down exactly to what extent disqualification is punishment and to what extent it is protection of the public?

LORD LINDGREN

My Lords, let us take the case of disqualification for driving under the influence of drink or drugs. It is a punishment of the individual and it is a protection for the public against a person who commits such an offence.