---

Road Safety [HL]

My Lords, clearly, my noble friend Lord Hanningfield is right that we should not pursue this any further and we should agree to the Motion. If the Opposition make a mistake in voting or in procedure, we have to live with it; the Minister isright on that point. However, I am convinced that Clause 20 is misconceived. Although the amendment does not concern the automatic disqualification of drivers convicted of this offence, we have touched on it. In my view, automatic disqualification for what might have been the most minor of errors, admittedly with very tragic consequences, is the fatal flaw. In those circumstances, a minor driving flaw will not result in a custodial sentence, but the six-month ban will mean that motorists prosecuted for this offence will fight like hell in the Crown Court. The way in which this provision was introduced is not the Minister’s fault, but equally I am quite sure that some Minister will have to come to this House and propose amendments to the provisions in Clause 20. You only have to think of the unintended consequences of an acquittal in the Crown Court because a jury is reluctant to acquit for a minor error of driving. The consequences will be loss of licence, which will inevitably lead to loss of employment for those who have to drive for their living. So I am disappointed in the way that this whole business was introduced at a late stage in the Bill. I am sorry that we have been unable to debate this matter as thoroughly as your Lordships would have liked, but, at the end of the day, we shall have to leave this one.