Wheelclamping in London: Policy (Hansard, 26 May 1988)

Earl Ferrers
My Lords, the operation of wheelclamping in London is a matter for the Commissioners of Police for the Metropolis and of the City of London. Officers have been made aware of the need to ensure that the power to clamp is used with discretion.

§ Lord Mackie of Benshie
My Lords, I thank the Minister for his reply. I must declare a personal interest, in that I was clamped in the space of six minutes while I was unloading my luggage and carrying it into the Farmers' Club in Whitehall Court. Although my indignation boiled over at that time, I put down the Question because I have discovered that a great many people have had similar experiences. Is the Minister aware that there is a general feeling that the civilians who are employed under the supervision of a police officer to clamp cars are either on a bonus or on quota? Will the Minister tell us a little more, if he can, about the system and how many people a police officer supervises? Can he say whether the story about quotas and bonuses is a fable?

Earl Ferrers
My Lords, I am very grateful to the noble Lord for having been generous enough to tell the House that he had an interest to declare and that he had only put down this Question on behalf of others who had suffered a similar fate! I am bound to say that when I saw this Question and was apprised of the fact that the noble Lord had been clamped, I thought that he could well have been reminded of the prayer, which he would have heard read had he been present for prayers, which says: We, having Thy fear always before our eyes and laying aside all private interests, prejudices and partial affections". He was of course good enough to lay all those considerations on one side.
I can tell him that wheelclamping operations are carried out with sensitivity, though the person being clamped does not necessarily notice it. The Metropolitan Police have instructions which are sent out to all officers stating that officers engaged on wheelclamping duties are inevitably involved in a sensitive area of public relations and it is therefore essential that officers apply common sense and good judgment at all times. They also add that there will be many occasions when it will be necessary for police officers employed on those duties to exercise their discretion.
There is always a police officer in charge of a wheelclamping unit and no car is clamped before the officer concerned has given such authority.

§ Lord Boyd-Carpenter
My Lords, at the moment I am touching wood and hoping that I do not have an interest to declare and can therefore comply with my noble friend's theological admonition. Is he aware that clamping seems to be taking the place of the older practice of towing away? May I ask whether he and the Metropolitan Police appreciate that a clamped car that is obstructing traffic continues to obstruct the traffic for longer than it might otherwise have done, whereas once a car is towed away there is no further obstruction?

Earl Ferrers
My Lords, that is perfectly true, but towing away is a fairly draconian measure. It is undertaken on certain occasions. The number of wheelclamping operations which have taken place has risen considerably and this has been found to increase the rate of traffic flow. There are occasions when a car that has been wheelclamped still obstructs traffic, and it is then towed away.

§ The Countess of Mar
My Lords, has the Minister seen reports in the press last week about a police car that was answering an emergency call being clamped? I understand that it took the officer several minutes to persuade the person who had clamped the car to unclamp it.

Earl Ferrers
My Lords, there is an expression: The rain it raineth every day upon the just and the unjust person".

§ Lord Mishcon
My Lords, as someone who most likely will have to declare an interest as a consequence of asking this supplementary question, may I ask the Minister whether he is conscious of the fact that there is a general feeling among the public that much wheelclamping is done at random? Is he aware (though how in the name of heaven he can be I know not) that at about 6.15 p.m. yesterday near Russell Square I observed that a British Telecom vehicle had been clamped and heard the driver's language when he found it? It was somewhat disturbing. It appears that the vehicle was in that place in order to carry out some telephone repairs. Does he not consider that an example of that kind, which I personally witnessed, indicates that wheelclamping operations are done at random and somewhat carelessly?

Earl Ferrers
My Lords, we all have individual examples of how things appear to be not part of the norm. I am conscious of the anxiety caused by wheelclamping, but there is a real and serious dichotomy in this situation. On the one hand, the police have to make sure that the roads are kept clear and where parking offences occur they should be properly penalised. On the other hand, that must be done with sensitivity because the mere fact of clamping alienates the people who very often are the greatest supporters of the police. There is a delicate balance to be kept.
The noble Lord may not be surprised that I was not aware of what happened in Russell Square around 6 o'clock yesterday afternoon. He may have been surprised at the language of the British Telecom engineer. I wonder whether he heard the language of the noble Lord, Lord Mackie of Benshie, when he was clamped.

§ Lord Nugent of Guildford
My Lords, is my noble friend aware that there are many people who, in some streets at any rate, have found the movement of traffic to be somewhat improved as a result of wheelclamping? Does he appreciate that previous to that draconian punishment (which is what it is) the ordinary system of fines, which usually operates many months in arrears, was proving quite insufficient to stop illegal parking such as can be seen any day in London in hundreds of places? My noble friend is fully justified in introducing wheelclamping as a possible—I repeat possible—means of preventing illegal parking and thus freeing the streets of London for traffic to move through.

Earl Ferrers
My Lords, I am very grateful to my noble friend for putting that point so clearly. Perhaps I may say that he is quite right. There is a perfectly clear distinction made between places where one may and one may not park. Nevertheless, in all of us there is the element of the schoolboy and we all try to see whether or not we can get away with it. If one does not get away with it, one has really only oneself to blame.

§ Lord Underhill
My Lords, has consideration yet been given to the recommendations of the North Report? The report suggests that clamping might be extended to cases where the police constable sees that a vehicle is in a very dangerous condition or where there is no display either of a registered licence disc or an out-of-date one.

Earl Ferrers
My Lords, the North Report, only recently produced, has some very important recommendations. There are a great many of them. At present the Government are considering them and will in due course decide what to do.

§ Lord Mackie of Benshie
My Lords, is the noble Earl aware that I said, "Bother"? There is a serious point to my Question. It seems to be a firing into the pack method. It may be effective but it could be refined. Certainly the unloading time should be defined. Five minutes is far too little. If the computer could be used so that persistent offenders pay more, there might be some logic to it. The present "spray shot" method is alienating the public.

Earl Ferrers
My Lords, the clamping time is very clearly laid down. One is permitted to stop, or to load or unload, for up to 20 minutes. The courts have held that loading or unloading must be continuous. The Metropolitan Police observe private cars for five minutes for signs of loading or unloading before a wheel clamp is applied; and 10 minutes is allowed for commercial vehicles. Should the noble Lord, Lord Mackie of Benshie, go to the City, the City police observe for 10 minutes and 20 minutes respectively.
The noble Lord has a very good point. He is quite right when he refers to the alienation of the public from the police. I had the advantage of drawing this fact to the attention of the police yesterday at the meeting of the Association of Chief Police Officers at Eastbourne. I said that this was a matter that they have to take into account. However, in the end we 1013 must make sure that we do not alienate from the police those who are basically the greatest supporters of the police.