Victims of Road Traffic Offences: Criminal Justice System

Debate between Bill Esterson and Caroline Nokes

Tuesday 30th January 2024 Westminster Hall

[Bill Esterson (Sefton Central) (Lab)]

It is a pleasure, Ms Nokes, to have you here in the Chair today.

I congratulate the hon. Member for North Devon (Selaine Saxby) on securing the debate as well as everyone who has taken part in it. The strength of feeling from everyone who has spoken has come across extremely well, including in the personal stories and those told on behalf of constituents who have been victims of road accidents. I completely agree that referring to “road accidents” is exactly right, considering what happens on our roads. There has been a sense that driving offences are not viewed as as serious as they are in reality; that has come across loud and clear. I also congratulate the APPG on its work, as well as Roadpeace and the other charities mentioned today.

I want to mention some personal stories of my own. A friend of mine decided to return to cycling recently. On his first outing on his bike, he hit a pothole and was badly injured, and he has not been able to go back to work. I mention that incident because one of the issues that has not come up today is the need for decently repaired roads. Before I move on to what others have said, let me briefly say that road safety, in its widest sense of ensuring that we can all travel safely on our roads, means investing in proper repairs. I am glad that we are going to see some more money for repairs after the cuts—indeed, the halving of the budget.

[Caroline Nokes (in the Chair)]

May I gently remind the shadow Minister that the title of the debate is “Victims of Road Traffic Offences: Criminal Justice System”?

[Bill Esterson]

Indeed, and I will say why road repairs are relevant. In October 2023, the AA had the highest level of call-outs in any October ever, and accidents are sometimes caused by or related to poor road conditions. We still need justice, whatever the cause of an accident is.

I hope that we will see a proper level of investment in our road repairs, including—I say this gently to the Minister —the specification of a higher quality of sustainable repair. The technology exists, although it is not always applied. That is all I have to say on the matter of road repairs, but I wanted to refer to it because I think it is relevant to the debate.

The other personal story I have is about a motorcyclist, who is the friend of a friend. A driver pulled in front of him and he crashed, and is now in a coma. The prognosis is that he will never recover, because he is paralysed. I was reminded of his story while I listened to some of the others. I have no idea whether there will be a prosecution in that case. I will make no further reference to it, to where it happened or to who was involved, but it is a reminder that accidents cause life-changing injuries and even deaths.

In her excellent speech, my hon. Friend the Member for Birmingham, Erdington (Mrs Hamilton) mentioned the very high level of deaths on our roads—1,500 fatal injuries, as well as 130,000 casualties in Britain. We all have a duty to reduce that level of accidents, and I have mentioned repairs.

--- Later in debate ---

[Bill Esterson]

Well, I was referring to what the hon. Lady said in her speech, but I think we are talking at cross purposes. I completely accept that it is correct to talk about “collisions”, and all I would say in response to her intervention is that this shows just how easy it is to slip back into calling them “accidents”. I accept her point, and I am happy to correct the record.

My hon. Friend the Member for Birmingham, Erdington told us how many deaths and how many casualties there are from collisions, and we all have a duty to reduce the number and to prevent them from happening. What we have so often heard today is that that is not happening. The way that drivers are allowed to continue is a real problem. My right hon. Friend the Member for Exeter (Mr Bradshaw) spoke in a previous debate about a driver who had been banned something like nine times, and went on to be involved in a collision in which somebody died. This is about the short nature of such bans, and that point has been well made. I welcome the Government increasing the length of bans, and we supported the amendment to do that in legislation that went through a few years ago. The question is: what more can be done? I very much welcome the recommendations made by the all-party group, and I am very keen to hear what the Minister has to say in response to them.

I will say a few things about what Labour wants to see. We have published our approach to government, with our mission to raise confidence in the police and the criminal justice system to their highest levels. We want to see 13,000 extra police on our streets, and to address the cuts in the police and in support staff. I know that the Minister will say that police numbers, having declined first, have increased again, but there has not been a return to the previous numbers of support staff.

As Her Majesty’s—now His Majesty’s—inspectorate of constabulary and fire and rescue services said in 2020:

“The number of dedicated roads policing officers has declined”.

It also said that they have been moved to addressing

“responsibilities for supporting general policing”.

That has to change if we are to support victims, investigate the incidents—collisions—that happen on our roads and deliver justice in a timely fashion. We heard about how long it is taking to bring one case to court; I think it was my hon. Friend the Member for Leeds North East (Fabian Hamilton) who made that point about a constituent. The challenge for us is to support victims and to ensure that justice is seen to be delivered, and that it is not delayed. There were 83,581 cases in a nine-year period where drivers were not disqualified due to mitigating circumstances. I think we should address the recommendation in the all-party group’s excellent report on mitigating circumstances.

I will quickly reiterate those questions for the Minister, because I am keen to learn whether he accepts the recommendations. Whoever is in government has a duty to seriously consider the requests.

[Caroline Nokes (in the Chair)]

Very quickly.

[Bill Esterson]

Indeed. We have 20 minutes left, but I do not intend to use many more of them.

Does the Minister support the all-party group’s 10 recommendations? Does he want escalating penalties? Does he agree that we should require retesting for those wanting to drive again following disqualification? What is his view on increasing the maximum sentence for dangerous driving to four years? What is his view on issuing guidance to police officers and increasing their use of bail powers so they can remove the right to drive from people arrested for dangerous driving? Does he agree that we should revisit sentencing guidelines so that exceptional hardship should be granted only in truly exceptional circumstances? What is his view on removing tolerances in speed enforcement, creating consistent guidelines for forces to investigate serious collisions, implementing a standardised system for third parties to report actual or suspected road offences, creating a UK commissioner for road danger reduction, and implementing guidelines so that victims of crashes are considered victims of crime unless there is clear evidence to the contrary?

The debate is about justice for victims. I am very keen to hear whether the Minister agrees that we really need to consider victims of road traffic collisions as victims, and that they should be covered by the victims code and other aspects of criminal law. Far too often, drivers who commit serious offences are not regarded by society as guilty of a serious crime. Everybody in this debate is calling for that to change, and I am very interested to hear whether the Minister agrees.

[Caroline Nokes (in the Chair)]

I am sure the Minister will want to leave a couple of minutes for the hon. Member for North Devon at the end.