This Memorandum refers to the Cyclists (Protective Headgear) Bill as introduced in the Northern Ireland Assembly on 13 December 2010 Bill (Bill 9/10)

CYCLISTS (PROTECTIVE HEADGEAR) BILL

EXPLANATORY AND FINANCIAL MEMORANDUM

INTRODUCTION

1. This Explanatory and Financial Memorandum has been prepared on behalf of Mr Pat Ramsey in order to assist the reader of the Bill and to help inform debate on it. It does not form part of the Bill and has not been endorsed by the Assembly.

2. The Memorandum needs to be read in conjunction with the Bill. It is not, and is not meant to be, a comprehensive description of the Bill; so where a clause or part of a clause does not seem to require an explanation or comment, none is given.

BACKGROUND AND POLICY OBJECTIVES

3. The objective of the Bill is to reduce death and serious injury amongst cyclists.

4. By way of background, the proposal arises from briefings to, and discussions at, the All-Party Group on Road Safety, of which Mr Ramsey is Chair. Examination of international evidence persuaded the Sponsor that such legislation could prove effective.

5. The aim of the Bill is to require cyclists of all ages to wear protective headgear when cycling on any public roads or paths, or in parks.

6. Under the Bill, it would be the responsibility of the police to enforce the provisions. The proposed penalty for breach of the provisions would be an on-the-spot fine of £50. However, in the case of a first contravention, the fine could be waived where the person issued with the penalty charge notice presents at a police station with a new helmet and receipt for its purchase. Breach of the provisions will not constitute a criminal offence.

CONSULTATION

7. Mr Ramsey conducted a wide-ranging consultation in Spring 2010, which was covered by regional media. Around 20 written responses were received, most of which were very supportive of the proposal, although some reservations were expressed, particularly by cycling organisations. Questions were asked about the evidence-base for requiring the use of a helmet and the view was expressed that regulation might deter people from using cycles.

8. In response to concerns raised, the Sponsor has included provisions to delay commencement of the key provisions for 3 years. Interim provisions will require the Department to run a publicity campaign aimed at promoting awareness of the provisions of the Bill and the benefits of wearing a helmet and encouraging voluntary use of cycle helmets.

OPTIONS CONSIDERED

9. The Sponsor considered whether ongoing promotion of the voluntary use of helmets would suffice to reduce brain injury caused by accidents involving cyclists. He was persuaded that there was adequate international evidence of the benefits of wearing a helmet to justify legislation requiring their use.

COMMENTARY ON CLAUSES

10. A commentary on the provisions follows below. Comments are not given where the wording is self-explanatory.

Clause 1: Requirement to wear protective headgear

Sets out the requirement to wear protective headgear and stipulates that contravention of the provisions will not be a crime. The requirement relates to persons of all ages, with parents or guardians held responsible for children under the age of 16.

Clause 2: Regulations

Gives power to the Department of the Environment to make regulations setting out what would constitute “appropriate headgear” under the Act and how it should be worn.

Clause 3: Penalty charges

Provides that a penalty charge of £50 will be payable for each contravention under Clause 1.

Clause 4: Issue of penalty charge notice

States that the penalty charge notice could be issued by a constable on-the-spot or, where this is not possible, at a later time. It also sets out the information that must be included on the penalty charge notice.

Clause 5: First contravention: further provision

Requires a constable, having issued a penalty charge notice, to check the Register of Penalty Charges to see if the notice relates to a first contravention, and, if so, to notify the person to whom the notice was issued, of the opportunity to have the penalty charge waived by complying with section 6.

Clause 6: Waiver

Provides that the penalty charge will be waived in respect of a first contravention where the person issued with the notice presents at a police station with a new cycle helmet suitable for use by the person in question and a receipt for its purchase.

Clause 7: Register of Penalty Charges

Requires the Police Service of Northern Ireland to establish and maintain a Register of Penalty Charges (similar to the records kept of traffic penalty charges) and sets out the information that it should contain.

Clause 8: Appeal to an Adjudicator

Sets out provisions under which a person issued with a penalty charge notice can appeal to an adjudicator, including grounds of appeal and actions to be taken by the adjudicator.

Clause 9: Adjudicators

Provides for the appointment of adjudicators for the purposes of the Act.

Clause 10: Proceedings before adjudicators

Requires the Department of Justice to make regulations setting out the procedure to be followed in proceedings before the adjudicators.

Clause 11: Further provisions relating to adjudicators

States that the Department of Justice shall take responsibility for administrative arrangements to support the adjudicators while the Department of the Environment is to defray the costs associated with the process.

Clause 12: Campaign

Requires the Department, during the period prior to the Act coming into operation, to carry out a campaign to promote awareness of the provisions in the Act and the importance of wearing protective headgear. (Under section 16, this would be a 3-year period.)

Clause 13: Regulations and orders

States that regulations under the Act will generally be subject to negative resolution. The exception relates to an order made under section 3 to change the amount of the penalty charge and such order would be subject to affirmative resolution.

Clause 14: Service of documents

Reflects the road traffic provisions of the Road Traffic (Northern Ireland) Order 1995.

Clause 15: Interpretation

Sets out the definitions of key words and phrases used in the Bill.

Clause 16: Commencement

Provides for section 12 (Campaign) to come into operation immediately. Subsections (2) and (3) ensure that some clauses come into operation 2 years after Royal Assent to enable preparation to be made for the requirement to wear a helmet coming into force 3 years after Royal Assent.

FINANCIAL EFFECTS OF THE BILL

11. It is expected that there would be some financial costs associated with the Bill. Modest costs must be anticipated in terms of the appeal mechanism and in respect of establishing and maintain the Register of Penalty Charges. Further costs would be associated with the promotional campaign.

HUMAN RIGHTS AND EQUALITY ISSUES

12. This Bill engages Article 6 of the European Convention on Human Rights (right to a fair trial). The inclusion of an appeal mechanism within the Bill, which includes an option of oral hearings, is designed to ensure that the Bill complies with Article 6 requirements.

LEGISLATIVE COMPETENCE

Mr Pat Ramsey had made the following statement under Standing Order 30 of the Northern Ireland Act 1998:

“In my view the Cyclists (Protective Headgear) Bill would be within the legislative competence of the Northern Ireland Assembly.”