HL Deb 24 February 1984 vol 448 cc967-9

11.25 a.m.

Earl Attlee

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

The Question was as follows:

To ask Her Majesty's Government how many prosecutions there have been for illegal use of the orange badge scheme for disabled persons from its inception on 1st December 1971 until the implementation of further regulations in 1975; and from that date until the present day.

Baroness Trumpington

My Lords, the offence of misuse of the orange badge scheme was created by Section 2 of the Disabled Persons Act 1981, which came into force on 27th October 1981. The records at the last available date show that from October 1981 until the end of 1982 there were seven prosecutions for this offence.

Earl Attlee

My Lords, I thank the noble Baroness for that reply. I must admit that I am not exactly surprised that there have been so few prosecutions, although I am appalled. If I may, I should like to quote—

Noble Lords

Order! Question!

Earl Attlee

My Lords, I beg your pardon. Is the noble Minister aware that the Department of Transport on 19th December 1982 issued a circular in which, referring to the orange badge scheme, they stated: Unfortunately the scheme has come in for much criticism in recent years because of widespread abuse. In view of that statement, will the noble Minister explain to the House why police and traffic wardens would appear to be turning a blind eye to the many infringements of this Act? In London, and maybe other places, every day one can see active people leaping in and out of motor cars which display a badge. The cars would be parked illegally were it not for the fact that they displayed an orange badge.

Baroness Trumpington

My Lords, I am aware of the new regulations dating from 1982, and local authorities have been given stronger powers to withdraw badge facilities which are persistently abused. The eligibility criteria have been tightened. With regard to the second part of the noble Earl's question, the Government are currently reviewing the arrangements with the police to establish whether further guidance would be helpful in their quest to notify local authorities of cases of misuse.

Earl Attlee

My Lords, may I thank the noble Minister for that reply. May I ask whether she is aware that there would appear to be now an active black market in orange badges which were supplied to people who have since died, and instead of the badges being returned to the authority—which they should be—the badges are being sold on the open market to active people?

Baroness Trumpington

My Lords, I have no evidence to suggest that this is so. The main problem is that the badges were issued too freely in the past; but this is a matter for the local authorities to check. Badges are valid for only three years, which limits the scope for abuse.

Lord Elwyn-Jones

My Lords, if there was fraudulent abuse of the kind that the noble Earl, Lord Attlee, has indicated, would there not be immediate prosecution if the facts were brought to the notice of the authorities?

Baroness Trumpington

Yes, my Lords.

Lord Belhaven and Stenton

My Lords, has my noble friend ever tried to take one of these badges off the back of a car? I think it would be very difficult to do, let alone sell it.

Baroness Trumpington

My Lords, that applies under the old form of badges which were stuck on cars. Present badges are in plastic envelopes which should be removed when the disabled person is not actually in the vehicle.

Baroness Masham of Ilton

My Lords, may I ask the noble Minister how many severely disabled drivers have been issued with parking tickets because they have had such difficulty in parking and cannot find any special place or free meter at which to park?

Baroness Trumpington

My Lords, in answer to the noble Baroness, no separate record is kept of parking offences involving misuse of disablement badges. I have no information because that is another question.

Baroness Masham of Ilton

My Lords, may I ask the noble Baroness whether she would be interested for some of our spinal injury people to give her their parking tickets which they have been given by the police and the traffic wardens? Some of them have drawerfuls, and some have been taken to court.

Baroness Trumpington

My Lords, I take note of what the noble Baroness has said.

Lord Henderson of Brompton

My Lords, while I strongly support everything that is done, and ought to be done, to stop abuse of the orange badge scheme by persons not entitled to it—which tends to bring this admirable scheme into disrepute—may I ask this question. Would the Minister not agree that the orange badge scheme represents discrimination in favour of the disabled, and that it is as well to record that fact on a day when we are about to debate a Bill about discrimination against the disabled?

Baroness Trumpington

My Lords, I take note also of what the noble Lord has just said.