Lord Hanson of Flint (Lab)

They are classed as motor vehicles for the purposes of the legislation if they can travel above 15.5 miles per hour; but they are not, self-evidently, for the reasons I have already outlined, subject to the licensing arrangements that we have to date. Mandatory uplifts based on specific vehicle type would be a novel but also an inconsistent approach to sentencing. Sentencing should always reflect the facts of the case and the level of culpability. Introducing rigid statutory additions could undermine the principle of proportionality, create inconsistency and risk setting an undesirable precedent. On the noble Lord’s amendments on changing the “careless and inconsiderate” cycling definition, I understand his desire to put beyond doubt that cycling on a pavement or in an area intended only for pedestrians should be considered as cycling without due care and attention. However, cycling on pavements is already an offence in its own right, as set out in Section 72 of the Highways Act 1835, which is an awfully long time ago and has stood the test of time. It is also an offence under Section 129 of the Roads (Scotland) Act 1984. Given that these offences are still in place, I would suggest that, along with those in the Bill for serious offences, that provides a sufficient deterrent. Amendment 337F would insert the definition of a cycle. Again, I come back to Section 192 of the Road Traffic Act 1988, which already defines cycles, and this definition includes compliant electrically assisted pedal cycles. As I said earlier, an e-bike that does not comply with the relevant legislation is a motor vehicle for the purposes of the legislation, not a cycle. I turn to a series of amendments—341A to 341D, 342A to 342F, 346A, 346B and 498A—in the name of the noble Lord, Lord Hogan-Howe, which propose that a person could receive up to 12 points on their driving licence upon conviction of any of the offences in Clause 106. Reaching 12 points on their driving licence would, of course, disqualify them from driving a motor vehicle. As I have mentioned already, cyclists do not require any form of licence to cycle, therefore the noble Lord proposes points on a driving licence as an alternative penalty. In the Sentencing Bill, which is currently before your Lordships’ House, there is already a new driving prohibition requirement that the court can impose when giving a community or suspended sentence order. This prohibition will allow a court to take a more flexible and tailored approach to punishment than a driving disqualification, and it will be available irrespective of the offence that has been committed. I hope that the noble Lord agrees that the provision in the Sentencing Bill goes some way towards meeting his objective. The noble Lord’s Amendments 346A and 498A seek to create a registration scheme for the purposes of enforcing the new offences in Clause 106—