M.P. against random stopping

Press, 24 September 1983, Page 2

M.P. against random stopping

PA Wellington about their lawfu A Government member of Mr Banks said Parliament, Mr John Banks, no reliable, sub: will not vote for random well-documented stopping provisions con- that proved ran tained in transport legisla- ping lowered the tion before Parliament. the long-term.

His action is unlikely to embarrass the Government, however, as the clause will be subject to a conscience vote among members. Mr Banks said yesterday that he hoped some of his colleagues would vote against the controversial clause with him. Provision for the random stopping of motorists by traffic officers is contained in the Transport Amendment No. 4 Bill, which is expected to be passed through its final committee stages soon. Mr Banks said he would vote against the provision “because of my profound commitment to the fundamental principle of maximum personal freedom within a democracy.” “I can and would support harsher penalties for drunken driving offences but I will not be part and parcel of a legislative process that will give agents of the State further powers to stop without cause and interrogate citizens, a majority of whom will be going

about their lawful business.” Mr Banks said there was no reliable, substantive or well-documented evidence that proved random stopping lowered the road toll in the long-term.

“But there is much evidence of the dangers of giving officials of the State overbearing legislative weapons to wield against the individual.” He said he was concerned with the road toll and the incidence of drinking-driv-ing, but there were other ways of dealing with it. “Why not significantly lower the legal alcohol blood level? Send offenders to prison for second offences and removing drivers’ licences for extended periods? Government need not introduce powers that could trigger horrifying constitutional consequences. “I believe the Government should uphold the freedom of the individual to go about his lawful business without being hindered in any way by traffic officers or any other State law enforcement agency,” he said.

“Law enforcement officers should only ever stop a motorist if they had reason to believe an offence has been committed.”