Policing and Crime Bill

Baroness Berridge Excerpts

Report: 2nd sitting (Hansard): House of Lords
Wednesday 7th December 2016 Lords Chamber

Moved by

[Baroness Berridge]

174: After Clause 127, insert the following new Clause—
“Prescribed limit of alcohol
(1) In section 11(2) of the Road Traffic Act 1988 (interpretation of sections 4 to 10), the definition of “the prescribed limit” is amended as follows.(2) For paragraph (a) substitute—“(a) 22 microgrammes of alcohol in 100 millilitres of breath,”.(3) For paragraph (b) substitute—“(b) 50 milligrammes of alcohol in 100 millilitres of blood, or”.(4) For paragraph (c) substitute—“(c) “67 milligrammes of alcohol in 100 millilitres of urine,”.”

[Baroness Berridge (Con)]

My Lords, I shall speak also to Amendment 175. Amendments 174 and 175, in outline, seek to reduce the legal limit for alcohol in the blood for drink-driving and introduce changes for younger or probationary drivers. I thank the noble Lord, Lord Brooke, and the noble Baroness, Lady Jones, for their assistance and for putting their name to the amendments. I thank the Minister for all her interest and efforts regarding this matter. I thank her particularly for arranging a meeting yesterday for interested Peers with the Minister, Andrew Jones, who has responsibility in this area.

I shall not seek to repeat in full the arguments made in Committee, save to mention that the number of deaths from drink-related accidents has remained static for five years, at 240 a year, and that 2.9% of those accidents fall within the 80 milligram to 50 milligram range to which the amendment relates. I know that the Minister has explained that there is a group of persistent offenders, but the 2.9% of accidents that fall between 50 milligrams and 80 milligrams are within the low-hanging fruit area that could be avoided if there was a reduction in the limit allowed in the blood.

Before I mention two additional areas for consideration since Committee, I want to outline how I see the debate on this issue. Both sides, whether it is those moving the amendment and all the organisations, such as the RAC and RoSPA which support it, or the Government, base their arguments and conclusions on evidence—they have come to different conclusions and interpretations on the evidence. For instance, a PHE study recently published in The Lancet said that 40 milligrams in the blood increases the risk of an accident. I therefore hope that I have misunderstood Her Majesty’s Government in saying that theirs is the only evidence-based position. It is not conducive, particularly in today’s climate, to conduct debates in a polemic way rather than seeking to accept that both sides are acting on evidence and coming to different conclusions.

Of the two additional matters to have arisen since Committee, the first relates to disparity and the second is conceptual. On disparity, the amendment relates to the law and the specific offence of having too much alcohol in the blood. That is an offence in and of itself under our law. There is now a different limit in Scotland and in Northern Ireland. That offence often stands in conjunction with, and is pertinent evidence for, the more serious offences in our law of causing death by dangerous driving or causing death by careless driving, the latter being a more recent change to our law. It is important to remember the context of those offences. They were introduced because it was very difficult to persuade juries to convict for manslaughter. Juries cannot relate to walking down the street with a knife or a gun, but they can relate to being in a car, failing to drive properly and causing an accident. That is the background to those offences.

--- Later in debate ---

[Baroness Williams of Trafford]

My Lords, I thank my noble friend Lady Berridge for explaining the reasoning behind these amendments. I thank her and other noble Lords who came to the meeting yesterday and the one that I held—it seems like a few weeks ago, but it was probably about one week ago. I thank them for being so engaged in this issue.

Amendments 174 and 175 look to lower the drink-driving limit in England and Wales from 80 milligrams to 50 milligrams of alcohol per 100 millilitres of blood, and further to 20 milligrams for novice and probationary drivers. In responding to these amendments, I start by posing a question: what does the number 80 mean to noble Lords or, indeed, anyone who enjoys a drink? Can any noble Lord in this Chamber effortlessly equate it to pints of beer or glasses of wine, taking into account metabolic rate, age, weight and what one has eaten for lunch? I suggest that it is unlikely. Instead, I would like to think that noble Lords in the Chamber today are sensible enough to drink very little, or indeed nothing at all, before driving. Noble Lords and most of society are part of the silent, self-regulating majority that makes our roads in Britain among the safest in the world.

However, the evidence shows that it is precisely such individuals that these amendments would affect. Those unlikely to commit a drink-driving offence in the first place would be put off drinking at all. Meanwhile, no evidence exists to support the notion that reducing the limit would have any deterrent effect whatever on the most dangerous group of individuals. The noble Lord, Lord Brooke of Alverthorpe, alluded to the sick and selfish types—the high-level frequent offenders who flout the current limit and would pay little regard to a new one.

The fact is that the pattern of alcohol levels in drivers is practically the same in most countries, irrespective of their limits, and our police resources are not limitless. If we stretch enforcement activity over a wider cohort of drivers, we will effectively lower the chance of the most dangerous being caught and taken off our roads. I therefore suggest that a lower limit is likely to be counterproductive. Evidence showed that this is exactly what happened in the Republic of Ireland, where the death rate on the roads increased by about 17% when the limit was reduced several years ago. The number of drink-drive arrests stayed pretty much the same. Instead, it is the view of the Government that we must prioritise the targeting of the selfish, dangerous minority who cannot be deterred by a change in the law which they are, in any event, totally disregarding.

The drink-driving limit for England and Wales strikes an important balance between safety and personal freedom. By retaining the present limit, we are not criminalising those who drink a small amount a long time before driving; we are pursuing the most dangerous individuals. Meanwhile, our advice remains unchanged: do not take the risk by driving after you have had a drink. I think we all share a common objective of wanting to see a reduction in the number of people killed and injured on our roads as a result of drink-driving. However, I put it to your Lordships that the most effective way to achieve this is not through these amendments but through the continued robust enforcement of the current law.

In response to my noble friend Lady Berridge and the noble Lord, Lord Rosser, we will review any new evidence that may emerge, including in relation to the change in the law in Scotland. We will naturally be interested in any reports produced by the Scottish Government or Police Scotland, or any other independent research. For the reasons I have set out, we remain unpersuaded of the case for changing the current drink-driving limit. We will, however, continue to look with interest at any new data or information emerging from Scotland. On that basis, I hope that my noble friend will withdraw her amendment.

[Baroness Berridge]

My Lords, I am grateful to noble Lords who supported this amendment and particularly to the noble Lord, Lord Paddick, for pointing out that this is an increasing problem, proportionately, within the number of deaths on our roads. I was not surprised to hear my noble friend the Minister refer to the enforcement point on which the Government rely in this matter. We must pay tribute to our police but the Police Federation supports a reduction in the alcohol limit. If that were the main solution and there would be no effect from this amendment, I do not think that the police would be asking for a reduction in the limit.

I was disappointed that my noble friend did not take on board the point that 60% of these accidents involve young people—I think that it rises to 80% in rural areas. These are not the selfish and dangerous drivers. Interpretation of the evidence is that this provision would have an effect, as the noble Baroness, Lady Hollins, outlined. We will always be left with a rump of people who disregard the law completely but the NICE study on this outlined that changing the limit down to 50 milligrams, or any change, would affect behaviour across the board.

I have to join with other noble Lords in saying that I am grateful to my noble friend the Minister for outlining that the advice is still, “Don’t take the risk—don’t drink and drive”, because it was not what was outlined in the Daily Mail today, where the message was actually quite disturbing. I am also disturbed that my noble friend has not been able to outline any other action to try to reduce this trajectory of deaths, which has flat-lined at 240 a year for five years. No other solution is being put forward by the Government to say what they will do to trigger a decline in those deaths.