Dangerous Driving Penalties

Lord Sharma Excerpts

Thursday 17th September 2015 Westminster Hall

[Alok Sharma (Reading West) (Con)]

I beg to move,

That this House has considered penalties for dangerous driving.

It is a pleasure to serve under your chairmanship for the first time in this Parliament, Mr Hollobone.

On 13 February last year, the lives of two families living in my constituency were devastatingly changed forever as a result of a most appalling act of dangerous driving. My constituents Kris Jarvis and John Morland were out that day enjoying their regular pastime of cycling. They were cycling back home to their young families. Both men were wearing safety helmets and clothing that made them visible to motorists. Sadly, that did not save them from being mowed down by a stolen sportscar, driven by an individual by the name of Alexander Walter.

Walter was driving at 70 mph in a 30 mph zone. He was almost two and a half times over the legal blood alcohol limit. He was found to have taken cocaine in the 24 hours before the appalling incident. He had 67 previous convictions, one of which related to his having phoned Heathrow airport to deliver a hoax bomb threat only days after the devastating 9/11 tragedy. He was also serving a four-year ban from driving. Every time I read this litany of Walter’s transgressions, it leaves me absolutely numb with shock.

Kris Jarvis and John Morland died as result of the injuries they sustained, killed by the actions of a dangerous driver. As a result of Walter’s actions, Tracey Fidler lost her fiancé Kris and their five children—Kyle, Ryan, Luke, Emma and the youngest, Adam, who was nine years old at the time of this tragedy—lost a father. Hayley Lindsay lost her fiancé John and their two young children, Harvey and Jazmin, who was seven years old at the time, lost their father. Both couples had planned to marry this year. Tracey and Hayley are here today watching this debate.

Unless someone has gone through the same horrific experience as Tracey and Hayley and their families, it is impossible to imagine how difficult it has been at times for them and their children to cope with this harrowing tragedy. I have got to know Hayley and Tracey and members of their extended family over the past year, and I know that at times it has been a case of taking each day as it comes. The pain of their loss is with them constantly. They have been helped by their families and friends, and I pay tribute to all of them, including Karen Rowland who has accompanied them to Parliament today. Tracey and Hayley are remarkable women: incredibly brave, wonderfully caring and hugely determined: determined to make sure that John and Kris’s lives were not lost in vain; determined to get justice for the families of future victims whose lives are cut short by the actions of dangerous drivers such as Walter.

Talking of justice, I should note that for killing two people and ruining the lives of two families Walter was sentenced to 10 years and three months in prison. Given how the current justice system operates, he will probably be out in less time than that. To add insult to grievous injury, Walter decided to appeal against his sentence. Thankfully, he was not successful. In contrast, Tracey and Hayley and their families started, on 13 February last year, a life sentence without Kris and John. In their case, life really does mean life. Simply put, this is not justice. This is not fair. This regime of sentencing for those who cause death by dangerous driving has to change. It has to get much tougher, and Tracey and Hayley believe it needs toughening, too.

Tracey and Hayley started a Government e-petition last year calling for a change in the law so that a dangerous driver receives a maximum sentence of 14 years for each person they kill, with the sentence to be served consecutively, not concurrently as happens right now. If the terms of the e-petition became law and if a dangerous driver killed two people, he or she would face up to 28 years behind bars. Thanks to Tracey and Hayley’s tenacity, the e-petition had reached over 102,000 signatures when it closed in March. I want to thank the national media, in particular The Sun, and our local papers, the online getreading and The Reading Chronicle for all that they have done to publicise the petition.

It is a remarkable achievement to reach over 100,000 signatures on a Government e-petition, and it is all the more remarkable that that was done by a few individuals. It was not backed by any national organisation or campaign team, but by two women and their friends and families, who care so much about this matter. It also demonstrates that constituents across this great country of ours want the law strengthened when it comes to sentencing for dangerous driving.

Tracey and Hayley have brought their campaign for justice for victims and their families to the heart of Government. We had a constructive meeting last year with my right hon. Friend the Minister for Policing, Crime and Criminal Justice, who also responded in an extremely sympathetic tone to a short debate that I held last November on sentencing for dangerous driving offences. In February this year, Tracey and Hayley met the Prime Minister to set out their reasons for why the law should be strengthened. They were joined in this meeting by the family of Ross and Clare Simons, who have been greatly supported by my hon. Friend the Member for Kingswood (Chris Skidmore) in their own campaign to strengthen the sanctions against dangerous drivers. I am sure that my hon. Friend will speak about that case. I know that Tracey and Hayley are incredibly grateful and touched by the personal interest that the Prime Minister took in both cases.

When we debated the matter previously, many colleagues brought examples from their constituencies, which demonstrates clearly that we need the law to be strengthened. My hon. Friend the Member for Stafford (Jeremy Lefroy),who unfortunately cannot be here today due to other commitments, asked me to highlight the case of his young constituent Laura Thomas. Laura, who worked in a school for children with special needs, was killed by a truck when the driver was browsing the internet on his phone. It was a shocking waste of a young life. Laura’s mother, Lisa, and her family certainly want tougher enforcement and tougher penalties in future cases.

I also pay tribute to the hon. Member for Leeds North West (Greg Mulholland), who unfortunately also cannot be with us today, for launching a big campaign and working extremely hard with the families of victims. Indeed, he has produced a charter of the sort of changes that they would like to see when it comes to strengthening sentencing.

As I am sure we will hear from the Minister today, a Government review of sentencing for all driving related offences is currently under way. After the aforementioned meeting with the Prime Minister, he wrote, as he had promised, to my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), the then Justice Secretary, setting out his thoughts following the discussion with Hayley and Tracey. I want to read from part of the Prime Minister’s letter, which mirrors what Hayley and Tracey are asking the review to consider.

The Prime Minister wrote:

“I agreed that the following issues should be considered in depth as part of the review we are carrying out on sentencing for driving-related offences: The maximum sentence length available for causing death by dangerous driving (currently a 14 year sentence); Whether offenders convicted of causing death by dangerous driving should be denied automatic early release from prison at the half-way point in the sentence”.

If such a provision were in place now, we would not be facing the thought of Mr Walter coming out of prison before his 10 years and three months had been served.

To those issues, the Prime Minister added:

“The question of whether sentences should be awarded concurrently or consecutively in cases where a number of people are killed as a result of dangerous driving, whilst recognising that the courts normally determine this issue; The discounts provided for late guilty pleas in these types of cases; The length of the driving ban given to offenders, and the potential for ensuring that no period of their sentence counts towards the driving ban.”

I would be grateful if the Minister, in summing up, confirmed that those suggestions do indeed form part of the review. We would all be grateful if he also set out the timetable for when the review will be published and how long the public consultation process will be. What actions will his Department take to publicise that consultation?

Can the Minister also confirm—this is an incredibly important point—that if the public consultation suggests that constituents up and down the country consider any of the changes to the sentencing regime for dangerous driving proposed in the review to be too lenient, the regime will be strengthened further? We want justice—that is what the 102,000 people who signed the petition want—and I hope that is reflected when the consultation is completed.

Tracey and Hayley have done everything to keep the memory of Kris and John alive. They have held a range of events locally in Reading. Tracey has been nominated for a Pride of Reading award—an award given to those living in Reading who have done exceptional public service. She has been nominated because of the campaigning she has done on changing the law so that the families of future victims get more justice than Kris and John did.

Tracey and Hayley know that none of that will bring back Kris and John—that is something they will have to live with all their lives. However, they do not want the loss of Kris and John to be in vain. They want justice. They want a change in the law so that we are much tougher on those who kill through dangerous driving. I have pledged to them that I will fight by their side for justice for as long as it takes. If we are able to achieve a change in the law, and it is indeed strengthened, it would be fitting if that law was referred to as “John and Kris’s law”. That would be a tribute to the memory of two family men whose tragic deaths led to a national campaign to strengthen sentencing for dangerous driving.

[Several hon. Members rose—]

--- Later in debate ---

[Alok Sharma]

We have had an excellent debate involving some excellent contributions from across the House. I agree with all colleagues who have made the point that there is cross-party consensus on this issue. Those watching this debate and those here today are seeing Parliament at its very best: we are debating issues that matter to all our constituents, and we want to find a common solution.

We have heard examples of too-lenient sentences being handed out, and we have heard of judges who think that the sentencing regime is not strong enough. I refer to the point made by the hon. Member for Poplar and Limehouse (Jim Fitzpatrick): the social mood has changed absolutely, and we need to go with that. What we are hearing from across the country, through colleagues and in the petition, is that the country wants stronger sentencing for such offences. My hon. Friend the Member for Kingswood made the very good point that there is a grave sense of injustice in the judicial process right now. That absolutely must change.

I am delighted to hear from the Minister that there will be a review outcome soon; I hope that that means before the end of this calendar year. I am delighted that it will be widely publicised, and I am pleased that it will require legislation, because that will give all of us the chance to debate these matters again in detail. He is absolutely right that judges decide sentences, but he has also made the important point that the framework for that is set by Parliament. That is what we are here to do, listening to the wishes of our constituents across the country.

I am pleased that the Minister has listened, and I know that he has kindly agreed to meet with the families after this debate, but ultimately it is about ensuring that the punishment fits the crime. That is what we all want, and I hope that when the legislation is reviewed, that is what we will all get.

Question put and agreed to.

Resolved,

That this House has considered penalties for dangerous driving.

Dangerous Driving Offences (Sentencing)

Lord Sharma Excerpts

Tuesday 4th November 2014 Westminster Hall

[Alok Sharma (Reading West) (Con)]

It is a pleasure to serve under your chairmanship, Mr Caton, in this incredibly important debate on sentencing for dangerous driving. The fact that so many hon. Friends and colleagues have turned up for the debate demonstrates the strength of feeling across the House on the issue. I want to highlight the case of my constituents, John Morland and Kris Jarvis, who were killed by a dangerous driver. I also want to press for a change in the law to toughen sentences for dangerous driving.

The case of John and Kris is incredibly tragic. They were cycling in my constituency on 13 February and were hit from behind by a car driven by a man called Alexander Walter. He had stolen the car, was disqualified from driving, and was two and a half times over the alcohol limit. In the 24 hours before the accident, he had taken cocaine, and it emerged afterwards that he had already made 14 court appearances and had 67 convictions, one of which related to him phoning Heathrow airport to make a bomb hoax only days after the 9/11 tragedy. Walter walked away from the wreckage without a scratch. John and Kris did not; they died at the scene due to their appalling injuries.

John and Kris were family men, and as a result of the accident seven children lost their father; parents lost their sons; brothers and sisters lost their siblings; and the fiancées of John and Kris, who are present and are listening to the debate, Hayley Lindsay and Tracey Fidler, lost the love of their life. I was particularly touched by a point that Tracey made in the local paper: since the age of 17, they had never spent a day apart. I pay tribute to the courage, bravery and strength of character of Tracey and Hayley. They have spent months trying to rebuild their shattered lives and dreams. They are very grateful to their friends and families, who have helped them, but the reality is that those families started a life sentence on 13 February.

[Caroline Dinenage (Gosport) (Con)]

I congratulate my hon. Friend most wholeheartedly on securing this vital debate. I pass on my condolences to the families he mentioned. I have enormous sympathy for their case. A year ago yesterday, two teenage girls from my constituency were mown down by a gentleman driving at more than twice the speed limit on a cocktail of drugs, for which crime he received a nine-year prison sentence, which amounts to less than 4.5 years per life. Does my hon. Friend agree that that is completely inadequate for the life sentence that that man inflicted on those families?

[Alok Sharma]

My hon. Friend is absolutely right. I will make the case for changing the law, but she has set out clearly that at the end of the day we are talking about families and justice. That is what we are all fighting for in this House. As I said, the families started a life sentence—a life without their loved ones—on 13 February. By contrast, Walter got 10 years and three months for killing two innocent men. He committed what I understand from the Crown Prosecution Service guidance to be a level 1 offence. He was also responsible for just about every aggravating factor listed in the guidance that anyone could think of. Perhaps the Minister will comment, but why on earth was the maximum tariff of 14 years not levied against that man?

[Gareth Johnson (Dartford) (Con)]

I commend my hon. Friend for taking up this serious issue. Will he join me in requesting that the Crown Prosecution Service considers charging with manslaughter far more often, rather than charging with death by dangerous driving? If a person causes someone’s death by behaving in a grossly negligent or reckless manner anywhere else in society, they are charged with manslaughter. If that happens on the road, however, they are not; they are charged with death by dangerous driving. There is no legal reason why that should be. If a person is convicted of manslaughter, that gives the sentencing court far more powers, and a maximum possible sentence of life, rather than 14 years.

[Alok Sharma]

My hon. Friend is an expert in the law, and he knows about these matters, so I hope that the Minister has listened to what he said. We will talk about the review being conducted by the Minister, but I hope that that point will form part of it.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I, too, congratulate the hon. Gentleman on a timely debate. I started the campaigning group PACTS, the Parliamentary Advisory Council for Transport Safety, many years ago, because I saw two people lying by the side of the road dying. My passion has always been to stop such needless deaths. Does he agree that we want evenness of justice in this country? Wherever in our land that ghastly offence of death by dangerous driving occurs, there should be the same penalty with the same severity.

[Alok Sharma]

The hon. Gentleman is right. I was about to say that even had the offender in the case I mentioned got 14 years, that would not have been enough. The reality is that that man, Walter, will probably be out of prison in a lot fewer than 10 years.

[Andrew Bridgen (North West Leicestershire) (Con)]

I, too, congratulate my hon. Friend on raising again this most emotive issue. I draw the attention of the House to my constituent, 18-year-old Olivia Flanagan, who was killed last December by Luke Sykes. Mr Sykes was over the drink-drive limit and had hit a number of cars before ploughing into Olivia’s car. He was driving at a blind summit on the wrong side of the road, and Olivia happened to be coming the other way. The man had 15 previous driving convictions and had only recently got his driving licence back. He had also ticked a box on the licence stating that he did not suffer from mental illness, although he had a history of such illness.

[Martin Caton (in the Chair)]

Order. I am afraid that is far too long for an intervention.

[Alok Sharma]

I thank my hon. Friend for that intervention. He makes the important point that we must have a punishment that fits the crime. We have a justice system that sometimes has much more regard for the criminal than the victims—not only the victims who are killed, but their families and friends who are left behind to pick up the pieces.

[Mr Ben Bradshaw (Exeter) (Lab)]

Does the hon. Gentleman agree that the point that he is making is particularly relevant to motoring offences? Until the legal system—the courts and the police—treats people who get behind the wheel of a car as being in charge of a lethal weapon, and until those people realise that they are in charge of a lethal weapon, his constituents and the constituents of all of us who have experienced such terrible losses will never feel that justice has been done.

[Alok Sharma]

The right hon. Gentleman is absolutely right. As we all agree, the law has to change in the case of dangerous driving.

[Greg Mulholland (Leeds North West) (LD)]

I congratulate my hon. Friend on securing the debate, and I agree with everything that he has said so far. Another element is that the CPS, when looking at such cases, sometimes chooses to go for the lesser charge of careless driving. That is what happened in the case of my constituent, James Still, who was killed on new year’s eve 2010, and whose family I am supporting. May I also bring my hon. Friend’s attention to the round-table meeting that I am setting up with MPs and victims’ families? All hon. Members are invited to meet with the families. I will ensure that anyone who has not already had an invitation gets one.

[Alok Sharma]

My hon. Friend makes an important point. I was aware of the meeting and will of course attend, as I am sure everyone present will. Despite the grief that Tracey and Hayley have to live with every day, they want justice for John and Kris. They want to ensure that the lives of their loved ones were not lost in vain. They are asking for a change in the law. Despite all the problems that they face as a result of the loss of their fiancés, they have had the courage to put forward an e-petition, which was prepared with the help of a fantastic local campaigner in my constituency, Teresa Colliass, and is now on the Government website. The petition calls for drivers to receive a maximum sentence of 14 years per person who has been killed.

[Chris Skidmore (Kingswood) (Con)]

I thank my hon. Friend for securing the debate. Tragically, there was a similar case in my constituency last year, when Ross and Clare Simons, riding a tandem bike, were mown down by a dangerous driver who was disqualified and had many previous convictions. Ross and Clare’s families, and the campaign, “Justice for Ross and Clare”, today back Tracey, Hayley and their families in a common cause: 14 years should be 14 years per person killed. We should not have concurrency—sentences being served together. My offer is that we and those families work together to get the law changed urgently.

[Alok Sharma]

My hon. Friend is absolutely right: families want to make sure that we have not concurrent but consecutive sentences. If Walter had been given 14 years for each death, he would now be facing 28 years behind bars rather than being out in what will probably be a lot less than 10 years.

[Susan Elan Jones (Clwyd South) (Lab)]

I congratulate the hon. Gentleman on securing this debate. We all agree on the importance of the review of sentences for driving offences. I am sure that like everyone else here, he would be grateful for clarity from the Minister on when that review will happen.

[Alok Sharma]

I am sure the Minister will address that point in detail.

I put on the record my thanks to the Reading Post and The Reading Chronicle for publicising the case and the petition. I also thank The Sun, which has done so nationally, and many others for helping to publicise the petition. So far, 25,000 people have signed. Both I and the families want to see a lot more signatures.

I do not believe that 10 years was a long enough sentence for what Walter did. The families affected do not believe that, and, so far, 25,000 people across our land do not, either. We have heard today that Members of Parliament representing many, many people across our country do not believe that that was right. I would like us all to sign the petition, which should influence the review, and to bring about a change in the law.

There are a number of specific things I want to hear from the Minister. I understand that he cannot predetermine the review. But does he understand the strength of feeling there is in the country about this issue and that Members of Parliament, members of the public and families who are affected by such tragedies want to put victims first? Does he have sympathy for the petition’s aims? The hon. Member for Clwyd South (Susan Elan Jones) talked about the ongoing review on all driving offences. How can members of the public influence the review? Will there be a public consultation?

I want justice for John and Kris, as do their families. Hon. Members want justice for the families of constituents who have been affected by this crime. When it comes to dangerous driving, the punishment must fit the crime. It is high time we had a change in the law.

Oral Answers to Questions

Lord Sharma Excerpts

Tuesday 8th November 2011 Commons Chamber

[Mr Djanogly]

I do not see any reason why that should be the case.

[Alok Sharma (Reading West) (Con)]

One of my constituents who was witness to a burglary and theft in the local area has made me aware that the youth defendant who pleaded guilty on two counts was required as part of his rehabilitation order to spend three weeks at summer arts college. Does the Minister believe that it is time to review some elements of the community sentencing framework?

[Mr Blunt]

We are going to look at the community sentencing framework, as I announced to the House last week. We are absolutely clear that the whole framework has to carry public confidence that there will be effective punishment in the community, while at the same time delivering effective rehabilitation. A sentence that protects the public and delivers restoration to the victim is a key part of our consideration.