Crime and Courts Bill [HL]

Viscount Simon Excerpts

Monday 28th May 2012 Lords Chamber

[Viscount Simon]

My Lords, I intend to speak fairly briefly on a few very specific items contained in this Bill.

Clause 26 and Schedule 14 propose that some of the specialist work carried out by the police and customs be extended to immigration officers, some of whom will be allowed to approve specified applications to carry out searches, detention and powers of seizure. There are concerns that giving even greater police-like powers to immigration personnel is not matched by any training or accountability requirements. It is proposed that by conferring the powers of a constable on National Crime Agency officers there needs to be an assurance by the Government that these people are fully attested officers. With an Administration seemingly intent on using private contractors, such a requirement is very important.

During the debate on the gracious Speech, I raised some practical issues relating to Clause 27 where a new section is to be inserted into the Road Traffic Act 1988 relating to driving while under the effect of specified drugs. Section 4(5) of that Act already covers drug-driving but the Government claim that enforcement is problematical. The field impairment test exists as do forensic medical examiners but the combination does not always seem to work satisfactorily.

It is the view of the Police Federation of England and Wales—I am an honorary member of the roads policing central committee—that legislation needs to target the habitual illegal drug user who is a danger to himself or herself and to the public while driving under the influence of drugs and that the legislation is easily enforceable through the correct use of technologies.

I also drew attention to the swipe testing kit for drugs which is being used very effectively in some other countries, and in particular to the 34 prosecutions for driving under the influence of drugs in this country in 2010 while there were 34,000 prosecutions in Germany in the same period using this equipment.

The Government are proposing that, in some cases, a zero-tolerance approach to driving under the effect of drugs will be imposed. Bearing in mind that there is then no need to prove intention or negligence, it is, to my mind, unwise to use this approach to catch drivers. The levels at which drugs are considered to cause impairment in driving will have to be established very, very carefully.

The proposed new offence negates the need to prove impairment—something which I consider to be very relevant—but will be based on prescribed limits where a drug has been taken resulting from a doctor’s examination. With this in mind, is it possible that a GP could be taken to court as the originator of prescribing drugs which might affect driving? Or will driving be banned when certain drugs are prescribed but which, in practical terms, only affect driving above certain levels? And, of course, the effect of drugs can vary from one person to the next. This area will need to be looked at extremely carefully as noble Lords have already said.

I read in a newspaper that Scotland intends to reduce the drink-drive limit from 80 mg to 50 mg. It really is such a pity that the Government have not taken a similar no-tolerance approach. We all know of the increased impairment when a higher reading is used and the resultant increase in road deaths and injuries. I just wonder if the Scottish drivers will flee across the border if they see a police car when they know that they would not pass the lower limit. Expanding on this concern, I wonder how the DVLA will handle endorsements or disqualifications emanating from Scotland both in regard to permission to drive and to valid insurance in England and Wales. The opportunity of using this Bill to bring us into line with the greater majority of the European countries would be welcomed. And perhaps it is time for us to follow those wise Scots.

Legislation needs to result in easily enforceable levels being found using correct technologies rather than legally medicated members of the public, driving safely, being convicted. This, of course, is easier said than done but having a fairly narrow list of controlled drugs which cause most concern would be a good starting point.