Criminal Justice System: Equal Treatment of Deaths and Injuries

Debate between Lord Wolfson of Tredegar and Lord Balfe

Thursday 24th June 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, my noble friend is absolutely right when he says that the purpose of criminal law generally is to look not only at the consequences of the behaviour but, far more importantly, at the culpability of the offender. That is the same in the context of driving as well. Where the driver intends to kill or commit serious injury by driving deliberately at somebody, it is right that they should face homicide or similar charges. But, in other cases, the problem with driving offences is that a relatively small driving error can lead to catastrophic consequences.

[Lord Balfe (Con)]

My Lords, the Vienna convention on diplomatic immunity is to protect diplomats in doing their duty. It has been used to escape prosecution for road traffic offences—not only for one very sad death but also for injuries. Could the Minister communicate with his colleagues in the Foreign Office and ask them, first, to get agreement where possible from missions that they will not claim diplomatic immunity for road traffic offences, and, secondly, to seek an amendment to the Vienna convention?

[Lord Wolfson of Tredegar (Con)]

My Lords, I have some experience of this; in a former life, I argued a few cases against some other Members of your Lordships’ House relating to the Vienna convention and the consequences of it. I fully understand the point that my noble friend makes, and I will pass it on to the appropriate department, as he suggests.