Dangerous Driving Penalties

John Howell Excerpts

Thursday 17th September 2015 Westminster Hall

[John Howell (Henley) (Con)]

It is a great pleasure to serve under your chairmanship, Mr Hollobone. I, too, praise my hon. Friend the Member for Reading West (Alok Sharma) for securing this important debate. I also praise those who lie behind it, not only for backing the debate, but for their petition.

This important issue has been raised with me by constituents on a number of occasions. I, too, have raised it with the Ministry of Justice, and I will refer to that later. A huge concern is that with the increase in traffic comes an increase in dangerous driving, which can have a big effect on our constituents. Only yesterday I was at a meeting of the joint all-party group on rural issues and policing, where a startling statistic was revealed, that the fear of crime in rural areas was much increased over the reality—although in the case of dangerous driving, the reality is all too visible. More than 63% of people who had responded to the survey had a fear of road traffic crime. It was a huge and sad number, and behind it is the public reaction to lenient sentences in the area. Happily, the Select Committee on Justice, of which I am a member, has picked up on the matter a number of times. Only this week, we had the opportunity to question the Attorney General on lenient sentences.

A letter that I received from the Ministry of Justice in 2013 explained:

“When considering the appropriate charge, it is the driving behaviour that is the deciding factor, that is, whether the driver was careless or dangerous, rather the outcome of the incident however tragic.”

I suspect that at some point that ought to lead us to a review of sentencing guidelines, which are produced independently of government. The Justice Committee is a statutory consultee of the Sentencing Council, which produces the guidelines, and I shall certainly take it upon myself to respond and to try to achieve the things that my hon. Friend set out in this debate, so that is an important contribution that I can make.

We need to do something to take forward work on the subject, which has never been more required. I can illustrate this with a couple of cases from my own postbag. For example, a constituent wrote to tell me that his nephew had been run over and killed by a hit-and-run driver. His nephew was a 22-year-old student who was knocked down on a pedestrian crossing by a driver who went through a red light at twice the legal speed. The killer received a sentence that means he will spend less than two years in prison. That example from my constituency makes the very point that my hon. Friend was making and shows why the law needs to be changed.

Another constituent wrote to me asking for an urgent review of how such criminals are allowed to turn the law on its head. One wrote:

“To make a difference we need larger fines to act as a deterrent”—

although I am not sure that larger fines are the only answer. We should submit proposals to the Sentencing Council to review the guidelines.

[Nusrat Ghani (Wealden) (Con)]

My constituency has the fifth worst record in Britain for serious incidents involving people being killed and seriously injured. The issue of sentencing and fines has come to my postbag as well. For example, an individual was banned from driving for 12 months and ordered to pay a fine of £300 for a drink-driving incident in south-east Sussex. In another incident, the driver who was behind the wheel of his car while twice over the alcohol limit was banned for six months. Another individual was caught with herbal cannabis and admitted to smoking the drug, but was only banned for 12 months and fined £300. I would like some clarity on sentencing and some sort of order to the convictions—sentencing is erratic and often depends on which part of the country an individual is in. Clarity would be useful.

[John Howell]

I thank my hon. Friend for her excellent remarks and for providing yet more examples of what my hon. Friend the Member for Reading West was discussing when he opened the debate. I hope that the Minister will be able to respond to the various cases. The point that my hon. Friend the Member for Wealden (Nusrat Ghani) made about the criminal process is a good one, and one on which I would like to see action.

I fully support the case made by my hon. Friend the Member for Reading West and his call for consecutive sentencing, because that will help to overcome some of the problems that he illustrated. I echo his call for the information requested to be provided, so that we do not have such a situation again.

--- Later in debate ---

[Andrew Selous]

The hon. Gentleman is a former Minister, and he knows how such things work. I am sorry that I am not able to be more specific, but I can tell him and every other Member here that I get it. There is clearly huge concern on both sides of the House about dangerous driving. A commitment has been made to have the review, and I assure the hon. Gentleman that my officials and others are working on that in earnest. I would be extremely grateful if he were good enough to accept that for now.

The hon. Gentleman made an excellent speech, and he is right that we all want safer roads. He spoke about the language we use in such matters, and I agree that using drink, drugs or phones does not make it an accident. Getting the language right matters, and I hugely agree that enforcement is critical, as my hon. Friend the Member for Reading West also said. As a former road safety Minister, the hon. Member for Poplar and Limehouse (Jim Fitzpatrick) brings great experience and knowledge to this debate. The issue of prevention resonated most strongly with me, and the public reporting of drivers who break the rules is an interesting idea. He also said that the punishment should fit the crime.

I assure hon. Members that Ministers and officials in the Department for Transport will be sent the transcript of this debate so that they can study what has been said, because that is an important aspect of our proceedings. The hon. Gentleman specifically asked about prosecutions and, despite the increased number of cars on our roads, the number of incidents and, more significantly, the number of deaths on our roads have fallen very significantly. As a result, there are fewer prosecutions for causing death by dangerous driving, but the sentence length has increased, which is part of a long-term trend.

I listened with great interest to the speech of my hon. Friend the Member for Mid Derbyshire (Pauline Latham). Safety near schools is incredibly important, and I commend her for continuing to campaign on that issue. She made an important point, which links to the point raised by the hon. Member for Poplar and Limehouse, about the need for effective enforcement. Again, I will ensure that that point is passed on to the Department for Transport.

The three Es mentioned by the hon. Member for Hornsey and Wood Green (Catherine West)—education, engineering and enforcement—are right. She also made a useful contribution to our proceedings. My hon. Friend the Member for Henley (John Howell) told us of a personal experience from his constituency. He speaks as a member of the Select Committee on Justice, so I welcome his contribution. I am struck that 63% of respondents in his constituency expressed a fear of road traffic crime. I agree that that is a significant finding, and one of which we should take note.

[John Howell]

That was 63% across the UK, not just in my constituency.

[Andrew Selous]

I thank my hon. Friend for that correction, which makes the finding even more significant. Like him, I was deeply shocked by the case he mentioned of someone driving at more than twice the legal speed limit through a red light, killing someone, and the sentence that was passed down. I tell him, and my hon. Friend the Member for Mid Derbyshire, that sentencing guidelines make it clear that driving without care in the vicinity of a pedestrian crossing, hospital, school or residential home are all to be taken into account as aggravating factors when determining an appropriate sentence. I note her further comments on these matters.

My hon. Friend the Member for North Warwickshire (Craig Tracey) also made an excellent contribution, and he highlighted the tragic case of Sean Morley. We were all extremely moved by his description of the highly distressing circumstances of that utterly terrible case. I have taken very careful note of what he said.

Finally, my hon. Friend the Member for Kingswood (Chris Skidmore), in another powerful speech, told us of an horrific incident in which a couple riding a tandem bicycle were tragically killed in his constituency. He said that the former Secretary of State for Justice, my right hon. Friend the Member for Epsom and Ewell (Chris Grayling), has visited the spot. I agree with my hon. Friend the Member for Kingswood that the similarities between a knife, a gun and a car are fairly strong when it comes to taking someone’s life or causing horrific injuries. I note the judge’s comments in that case, and I pay tribute to my hon. Friend’s persistence in raising such matters. He said that the Justice Secretary can raise the maximum penalty, but that is not correct; it is actually for Parliament to set the maximum penalty for an offence, but I understand his point.

The hon. Member for Dunfermline and West Fife (Douglas Chapman), who speaks for the Scottish National party, talked about the reduction of the legal alcohol limit in Scotland. Those powers are devolved to Scotland and are the responsibility of colleagues in the Department for Transport. I will pass on his comments.

The shadow Minister also has a long-standing record of personally campaigning on dangerous driving. He told us that he has previously been to see the Prime Minister, which led to a change in the law. I pay tribute to him for that, and for the contribution that he has made on the issue. A recent inspection report on Crown Prosecution Service practice has recommended better training and more specialist road traffic prosecutors. I am sure that he will be grateful to know that, and I will write to him on the further specific details for which he asked.

I am grateful to have had the opportunity to go in some detail through the matters brought before us in this debate. On the particular case that my hon. Friend the Member for Reading West brought before the House, the driver entered a guilty plea to a number of offences, including two counts of causing death by dangerous driving and driving while disqualified. He received a sentence of 10 years and three months on 16 April 2014, and he was banned from driving for 15 years.

Turning to the specific issues that my hon. Friend raised, he will know as well as I do that sentencing is a matter for judges, who are independent. The judges decide on a sentence, having considered the full details of the case and the offender. They are best placed to decide on a just and proportionate sentence. The duty on the courts is to follow guidelines or, if they do not, to say why. That leads to greater transparency in the sentences likely to be imposed, and will hopefully lead to increased consistency in sentencing practice.

As my hon. Friend mentioned, the appeals procedure allows the Attorney General to make a reference to the Court of Appeal in serious cases if a sentence is unduly lenient, or if the offender believes the sentence is unduly harsh. In this case, the offender appealed the sentence. I was particularly struck by the care taken in the case by the Court of Appeal to consider not only the appalling driving involved but the harm that it had caused to the families. I know that the appeal would have been a difficult experience for the families, and I hope that its dismissal has brought some reassurance.

A reduction for an early guilty plea is not just about saving money and time; it is designed to ensure that wherever possible, victims, their families and witnesses are not required to relive or be cross-examined about dreadful events in court. It can also lead to swifter justice. In keeping with the current law and guidelines, the driver in this case had his sentence reduced for pleading guilty to the offence at an early stage. A guilty plea at the earliest opportunity will normally attract the maximum sentence reduction of one third, but judges retain discretion in regard to that reduction. In this case, as the evidence against the driver was overwhelming, the judge exercised that discretion and did not apply the full discount. Taking account of a lesser discount for the early plea, the 10-year sentence imposed is close to the 14-year maximum penalty for the offence. The Court of Appeal gave a clear judgment upholding both the sentence and the judge’s decision not to grant the full reduction for the early guilty plea.

Turning to my hon. Friend’s calls for changes in the law, I should say that he raised two main points. The first relates to the imposition of maximum and minimum penalties; the second is that when more than one person is killed, the court should make the sentence for each additional death follow on from the first, so that they are served consecutively rather than concurrently. On maximum penalties, it is worth stressing that although sentencing is a matter for the courts, setting the framework within which the courts work is for Parliament. The 14-year maximum sentence for causing death by dangerous driving was set by Parliament to cover the worst imaginable case of that specific offence.

When deciding what sentence to impose within the maximum available, the court is required to take account of all the circumstances of the defence and any mitigating or aggravating factors. Where there is more than one victim, that will be taken into account and will aggravate the seriousness of the offence, meriting a longer sentence. The sentencing guidelines for causing death by dangerous driving specifically mention that the courts should take account of the higher harm caused by the offence where there is more than one victim. That is exactly what the court did in this case; it took the very high harm caused by two deaths, applied a smaller than normal reduction for the early guilty plea and arrived at a sentence close to the maximum.

It would be contrary to our system of justice to impose a maximum penalty for any death in any circumstances, in road traffic or in any other offence. The Government do, however, want maximum penalties that allow the courts to respond appropriately to the full range of cases as they are likely to take place. Where there is a clear failing in the law, Parliament has moved to remedy it. In the past, where offenders have left a victim with serious injuries, the maximum penalty for the offence has related to the driving, not the harm caused.

In the Legal Aid, Sentencing and Punishment of Offenders Act 2012, a new offence of causing serious injury by dangerous driving was created, with a five-year penalty, as the Opposition spokesman told us. That change in the law means that there is now a range of offences and maximum penalties dealing with dangerous driving that more properly reflect the harm caused. In addition, under the Criminal Justice and Courts Act 2015, the maximum penalty for disqualified drivers who kill or cause serious injury has been increased. The previous maximum was only two years for causing death, but it has now been increased to 10 years. The measure came into force in April 2015. I hope that hon. Members will see that there has been action in response to the quite proper parliamentary pressure in that area.

I am aware of your strictures, Mr Hollobone. Everyone else has obeyed them, so I feel that I should as well. I could say more, but it is right that I give the remaining time available to my hon. Friend the Member for Reading West. I thank him again for what he has said. I realise the strength of feeling on this extremely important matter, and I will continue to engage with him and other hon. Members on it.

Cremation of Infants (England)

John Howell Excerpts

Wednesday 8th July 2015 Westminster Hall

[Daniel Kawczynski (Shrewsbury and Atcham) (Con)]

I beg to move,

That this House has considered the matter of the cremation of infants in England.

It is a great pleasure to serve under your chairmanship, Mr Howarth. Speaking as a father, I do not think that there could be anything worse in life than the loss of a child. I wanted to raise with the Minister and fellow parliamentarians the tragedy that some of my constituents have faced when they lost a child in infancy and were told by Emstrey crematorium in Shrewsbury that they would not receive that child’s ashes. Rather than the traditional burial, the parents decided to have their child cremated and were told that there would be no ashes. I am sure hon. Members appreciate that when families have been through such a traumatic experience as losing a child—just a few days previously in some cases—it was not an optimum situation for them to be robust in challenging that information. Some families went along with a cremation under those circumstances. There was a lack of clarity in some instances, which is clearly unacceptable.

I pay tribute to BBC Radio Shropshire for its tremendous work over the past year. I was first notified of the tragedy a year ago, and I pay particular tribute to Nick Southall, the Radio Shropshire senior reporter who has doggedly persevered with this story, not only in Shropshire but across England. We are starting to hear anecdotal evidence from other places where similar situations have occurred. This situation is not peculiar to Shrewsbury; we hear evidence of it happening in other parts of England. I look forward to hearing the perspective of other hon. Members.

One of the first things I did when I heard about this case was to contact the leader of the council, Keith Barrow. We have a new unitary authority in Shropshire that has taken over the running of our council, and the difficulties with the crematorium in question predominantly occurred under a previous administration and before the change to a unitary authority. Keith Barrow has done a superb job, and he called for an independent inquiry into the whole tragedy.

[John Howell (Henley) (Con)]

What excuse was given by the crematorium? Perhaps my hon. Friend will come on to that.

[Daniel Kawczynski]

I will come on to some of the report’s findings later in my speech, but I thank my hon. Friend for his intervention.

I thank the chairman of the report, Mr David Jenkins, who has a lot of experience in local government and is an independent expert. Mr Jenkins and his research assistant, Mr John Doyle, have spent an inordinate amount of time engaging with many of my constituents with great sensitivity, professionalism and care. They heard at first hand some of the trauma that my constituents have experienced. Before the general election, I met some of my constituents in a church in Shrewsbury, and it was one of the most emotional meetings I have experienced in my decade as a Member of Parliament.

I made those parents certain promises. I promised them that they would have a meeting with the Minister, that there would be a formal parliamentary debate in the House of Commons on this issue and, most importantly of all, that if there were aspects of the report that I considered relevant for Parliament to investigate and scrutinise with a view to changing, updating and modernising legislation, those considerations would be aired and we, as parliamentarians, would have the opportunity to debate those points and make recommendations. I am pleased to be trying to fulfil my three promises to those parents.

I pay tribute to the Minister. She is new to her post and, if I may say so, the Prime Minister made a very good decision in appointing her. I brought some of the parents—some from Shrewsbury and Shropshire and some from other parts of England, too—to meet the Minister last week, and she was genuinely interested in hearing what they had to say. I am sure she will speak for herself, but I think she was moved, and I was extremely impressed with the way in which she interacted with those constituents. I thank her very much for her and her officials’ time and consideration. Following our meeting, the parents and I went to No. 10 Downing Street to present a petition signed by more than 63,000 petitioners from across our country.

My constituency neighbour, my hon. Friend the Member for Ludlow (Mr Dunne), is a Minister and is therefore unable to participate in this debate, but he has taken an interest in the issue because the Emstrey crematorium also serves his constituents in south Shropshire. One of the babies whose remains were not returned to her parents was baby Kate. She suffered a tragic, avoidable death in 2009 following a complex midwifery delivery at Ludlow community hospital. My hon. Friend supports the campaign to prevent similar suffering for other parents. He feels as passionately as I do about this issue, and he wanted me to put that on the record for him.

Other hon. Members wish to speak, so I will concentrate on some of the recommendations that I have picked out from the report and some points that have been specifically reinforced in my mind by my interactions with my constituents. Other parliamentarians may have other points of view, but these are the specific points from the report that my constituents from Shrewsbury want me to raise. First, they believe that there should be an inspector of crematoriums throughout England and that it should be a full-time position. I understand that there is a part-time inspector of crematoriums in Scotland, which has only 50 crematoriums; we have more than 250 in England. Many of my constituents believe that we should have a formal, independent inspector of crematoriums. We live in a society with ombudsmen and regulators, and many aspects of Government activity are rightly regulated and overseen by independent inspectors. My constituents believe that if we are to have a uniform level of service and professionalism across all crematoriums, we need an independent inspector who is able to investigate by going to see crematoriums to ensure that they comply with expected standards.

My constituents also expect that crematoriums should have to report to the inspector when they are not confident that ashes have been created in a particular case. That is important because it is a proactive step that the facility in question—Emstrey crematorium in our case—would have to take if, for one reason or another, ashes had not been or could not be produced. If a crematorium believed that to be the case, it should have to be proactive in informing the inspector so that the inspector had it on the record.

I spent an afternoon inspecting Emstrey crematorium in Shrewsbury, and it has subsequently invested a lot of money in new machinery and better practices. Procedures are now in place to ensure that babies are cremated later in the day, rather than when the machine is first switched on and is at optimum heat. The procedures ensure that babies are cremated at the end of the day, when the ovens are at their coolest, to maximise the possibility that ashes are delivered.

My constituents also want a national cremation investigation team that is able to investigate historical cases. If the Minister agrees about the need for an inspector, and if an inspector is created, he or she will be busy ensuring uniformity of best practice across the country. My constituents want an independent team that will help families like Mr Perkins and his partner, and the other families in Shrewsbury who have suffered in the past. They want more information and need more help to come to terms with what has happened. They also believe that greater transparency is needed with regard to cremation paperwork. I will not go through all the details now, because there simply is not time, but in some cases paperwork has been lost, destroyed or not kept for the appropriate amount of time.

I would be grateful if the Minister told us how we could update legislation and regulations for crematoriums on paperwork and other matters. The Minister may correct me if I am wrong, but we have had no legislation on the running of crematoriums for a long time, so this is an optimum time for us to discuss these concerns. The families believe that the Ministry of Justice and the Department for Environment, Food and Rural Affairs need to co-operate on changing the regulations and conditions on emissions from crematoriums at times when infants are being cremated—that is a technical point. I hope that the Minister has read the part of the report about how emissions and such things are regulated and is aware of that point.

The answer to the question from my hon. Friend the Member for Henley (John Howell), is in the report commissioned by Shropshire Council, published last month, which says that poor training and out-of-date equipment were mainly to blame. I am pleased that more than £3 million has now been spent on new machines at Emstrey crematorium in Shrewsbury; I have inspected them and seen how the ovens operate. I hope that this tragedy will ensure that training for staff at crematoriums, whether run by the Co-op or councils themselves, is reinvigorated, and that all crematoriums in all areas are supervised to ensure that they are investing appropriate time and money in bringing new equipment to the fore.

About 60 families are believed to have been affected by failures at Shrewsbury’s Emstrey crematorium between 1996 and 2012. I do not yet know the final figure, because more people are coming forward all the time. To those Salopian families, I can only take this opportunity to express my sincere condolences for the loss of their children and my sincere sadness that they have had to go through this extraordinarily painful experience in their lives. Having spoken to them, I know that their main goal is to ensure that such a travesty does not happen again, so that no other family in England has to go through what they went through. I look forward to hearing what the Minister has to say in response to those points.

Oral Answers to Questions

John Howell Excerpts

Tuesday 23rd June 2015 Commons Chamber

[Mike Penning]

No I do not. We inherited a really difficult situation with the economy when we came to power, but the way we have reorganised rehabilitation and training is vitally important. The key to rehabilitation is to ensure that people do not reoffend, and education and training are often the best ways of giving them an opportunity in life.

[John Howell (Henley) (Con)]

In the last Parliament, I visited a prison in Denmark with the Justice Select Committee. One of the biggest contributors to preventing the prisoners from reoffending was their ability to cook their own food. Does the Minister agree that that ability is not a reward for good behaviour but an essential part of dealing with reoffending?

[Mike Penning]

I am not the prisons Minister but I have visited many prisons, not least the ones on the edge of my own constituency, and I have seen that happening in our own prisons. Giving people life skills is vital, as is giving them somewhere to live when they come out.