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Licensing under siege

3rd March 1994, Page 18
3rd March 1994
Page 18
Page 18, 3rd March 1994 — Licensing under siege
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Which of the following most accurately describes the problem?

by Nicky Clarke • The 0-licensing system faced a two-pronged attack last year. First the Department of Transport announced a review of the system, followed closely by a deregulation taskforce charged with the responsibility of cutting red tape for industry. But now a darker cloud hangs over the system and those who administer the law.

Steamroller In keeping with the current political trend to steamroller the Civil Service into executive agencies, it seems almost at any price, the eight traffic area offices are being studied to see whether they too could change into executive agency status (CM 24 February-2 March).

If they do move to agency status, as expected in September this year, they will be headed by a chief executive who will be responsible for the TAO staff and the working budget.

The same staff, under close guidance from the seven Licensing Authorities already administer the 0-licensing law on behalf of the LAs.

It is precisely this question of who leads the TAO staff that looks set to be the source of conflict between the LAs and the new chief executive.

The LAs' judicial role in administering the 0-licence law is one in which they need to retain their impartiality if they are to serve the state and the haulage industry properly. The principle behind this issue was raised during the House of Lords discussion of the Police and Magistrates' Courts Bill last month.

"It is absolutely fundamental that nobody providing legal directions or advice to a tribunal of fact, or who is taking decisions which affect the rights or liabilities of parties to proceedings, should be or appear to be susceptible to outside influences of any kind," said Lord Taylor of Gosforth.

Turning parts of the civil service into executive agencies does not automatically mean the business of those agencies has to change, but in the case of TA0s, the chief executive responsible could have different objectives to those of the LAs.

Chief executives of Government agencies are charged with a mix of performance targets which must be met within a year. According to the Cabinet Office, which oversees Government efficiency and market testing, they include, depending on the type of operation, quality, financial, efficiency and throughput. But these targets do not necessarily coincide with the LAs' objectives when administering 0-licence law.

Invading This is echoed by Lord Taylor who went on to say: "A cult seems to have developed and to be invading the whole of the public sector whereby fixedterm contracts and performance pay are seen as the panaceas which will give us managerial efficiency. They may be useful tools in a purely managerial context, but in a judicial con

text, or where there exists a judicial element, they can have no place".

And the LAs themselves are understood to be concerned that their impartiality could be threatened when they are carrying out their statutory duty of overseeing the 0-licensing law.

It is also understood there is to be no consultation with the industry on the matter, but if hauliers want the best service from their LAs, who after all understand the industry and the law regulating it, then they would do well to lobby their MP's to fight against such a move.


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