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Road Safety Bill [HL]

My Lords, I am doomed to disappoint noble Lords this evening, even when, it is fair to say, the Government are being at their most constructive. We have had extensive debates on level-crossing safety and bridge strikes. I indicated to noble Lords the significant progress we made on this, not least with regard to cost factors, the relationship with local authorities and the way in which the roads will be treated to protect level crossings. Now the noble Lord, Lord Bradshaw, as is his wont, is seeking to push me one stage further. He is asking whether I will prescribe the nature of the offence and the attendant sentencing that should apply. I cannot do that. I cannot go any further than I have. I said that we regard these as serious issues. I indicated that the use of a mobile phone when driving can be a serious issue at times: it can lead to a charge of dangerous driving. I said that we will look to the Sentencing Advisory Panel to consider the appropriate sentences where strike situations involving level crossings and bridges occur. I cannot go further than that this evening. I recognise the commitment of the noble Lord, Lord Bradshaw, to road and railway safety, which he holds very much to his heart. He has contributed significantly to the Bill in that area. I hope that he will understand that I cannot go as far as he would like in that regard this evening, and that he will appreciate that it is for the police and the Crown Prosecution Service to determine the charge. The maximum penalty for careless driving is £5,000, but for dangerous driving it could be a custodial sentence of a maximum of two years. That range, which we leave to the courts, is not insignificant. I hope that the noble Lord will feel that he does not need to press me any further this evening. On Question, Motion agreed to. 16: Leave out Clause 50