Derek McDowell (Labour)

A number of issues arise in the context of the section, one of which has been touched on. I am a little concerned about subsection (4), which in effect allows the Minister make regulations providing for the prohibition of certain devices. In effect, this subsection allows the Minister to create an offence and I wonder whether legally that is the right approach.

The argument over the past year and a half or so was that we needed explicit legislation to enable us to prohibit the use of mobile phones. It appears the same argument might apply to this subsection in that if we are to explicitly prohibit particular types of in-car communication devices, we must explicitly spell that out in the Bill and also the penalties that will apply. What we have said is that the Minister may do that by way of regulation should he or she choose to do so at some stage in the future. However, I wonder whether we need to specifically prohibit it in this Bill rather than give the Minister power to prohibit it at some stage in the future by way of regulations.

While I am on this issue, will the Minister of State specifically address the issue of whether that subsection could or will be used to prohibit the use of car kits in the future? It appears it could be used in that fashion and I wonder whether it is the Minister's intention to provide that by way of regulations at some stage in the future.