Motor Cycle Helmets: EC Policy (Hansard, 2 July 1991)

§ The Minister of State, Department of Transport (Lord Brabazon of Tara)
My Lords, all member countries have already adopted legislation requiring motor cyclists to wear helmets, although in some countries the requirement does not extend to moped riders.

§ Baroness Masham of Ilton
My Lords, I thank the Minister for that reply. Does he agree that one of the biggest problems is to ensure that places such as the Greek islands implement the legislation? Is he aware of the extent of brain injuries to holidaymakers caused by motor cycle accidents? Such accidents are traumatic for the families concerned. Is he further aware that great expense can be incurred by families arising from injuries which often entail long-term disability and pose a great problem for our National Health Service?

§ Lord Brabazon of Tara
My Lords, we are well aware of the kind of injuries that can occur as a result of motor cycle accidents where people have not worn helmets. We were the first country in the EC to make compulsory the wearing of helmets. That was way back in 1973. It has undoubtedly proved a great success. Implementation of the law on the Greek islands can only be a matter for the Greeks themselves.

§ Lord Thorneycroft
My Lords, does the noble Lord agree that reaching agreement on what the law ought to be is an interesting but rather useless exercise? The fear is that that is exactly what we might experience in the Common Market. Is it not therefore desirable that 897 special efforts be made to reach agreement on the implementation, not of some difficult or complicated matter, but of such an obvious necessity?

§ Lord Brabazon of Tara
My Lords, my noble friend makes a very good point. I do not know what resources the Greeks, for example, put into implementing the legislation. It is important that having signed up to a deal all countries should implement it.

§ Lord Clinton-Davis
My Lords, is the Minister aware that standards of implementation of such a measure vary? If he is of that view, will the Government consider pursuing the matter with the Commission in order to obtain some data-based information on the enforcement of the law? If there are substantial breaches, will the Government try to persuade the Commission to take effective action to restrain such breaches in the future?

§ Lord Brabazon of Tara
My Lords, it is no doubt possible for the Commission to look into enforcement of laws in member states. I shall certainly see that attention is drawn to the noble Lord's remarks.

§ Baroness Elles
My Lords, is my noble friend aware that while there is a difficulty of implementation and enforcement, much depends on the individual response of those who motor cycle outside the United Kingdom? Does the Foreign Office, or any other government agency, give notice of Community legislation to those who travel abroad and advise that they should wear helmets when they ride motorbikes, wherever they may be?

§ Lord Brabazon of Tara
My Lords, I am not aware that any information is given to motor cyclists who travel abroad. The problem arises from the hiring of motor cycles when people are abroad rather than from those who travel abroad on their own bikes.

§ Lord Monson
My Lords, does the noble Lord agree that what my noble friend suggests, and what other noble Lords seem to endorse, is consistent not with a federal super state but, far worse, with a unitary super state? Does he agree that in federal nations such as the United States and Australia every state is totally free to decide its own policy on such matters as seat belts, crash helmets, speed limits and the age at which driving licences can be acquired? As we are not yet—thank God!—part of a super state, is it not the case that every nation has the right to decide its own policy on the matter without interference from outside bodies?

§ Lord Brabazon of Tara
My Lords, we consider each Commission proposal on road safety on its merit. and potential benefits. In order to avoid a piecemeal approach we are encouraging the production of a strategy. At the last Transport Council it was agreed to set up a high level working group to produce such a strategy.

§ Lord Bonham-Carter
My Lords, is the noble Lord aware that the noble Lord, Lord Monson, is absolutely right in what he states? It is a classic 898 example to which the principles of government, supposedly leading to the principle of subsidiarity, should apply.

§ Lord Brabazon of Tara
My Lords, I believe that is right, yes.

§ Lord Rea
My Lords, my question goes in a somewhat different direction from the last two. Does the noble Lord consider that if we can score a success on this issue and improve implementation throughout Europe, the Government will have made amends to some extent for their stand in Europe where they oppose the banning of tobacco advertising and the placing of a warning on cigarette packets?

§ Lord Brabazon of Tara
My Lords, banning of tobacco advertising is a very different matter. I understand that it is proposed by those who operate state monopolies in Europe and who do not wish to see competition.

§ The Countess of Mar
My Lords, is it not the responsibility of citizens of the United Kingdom who travel abroad and who intend to ride a motor bike to wear a crash helmet? They are used to doing so in this country. Should they not also carry out the procedure abroad?

§ Lord Brabazon of Tara
My Lords, it is the responsibility of citizens of this country who travel abroad to obey the laws of the country to which they go. If that law means that they have to wear a crash helmet when riding a motor cycle, so they should.

§ Baroness Masham of Ilton
My Lords, will the Minister inform the House whether or not it is very expensive to bring back from Europe someone who has suffered a brain injury? Does he agree that it costs about £13,000? That can break some families financially. Can such information be made available to motor cyclists travelling abroad with the advice that they take their helmets with them?

§ Lord Brabazon of Tara
My Lords, I cannot honestly endorse the figure which the noble Baroness suggests. Nor do I believe that I am able to find out that information. The National Health Service in this country has to treat people whether they have obeyed or disobeyed the law.