Drugs (Roadside Testing) Bill

Debate between Andrew Bingham and David Nuttall

Friday 10th June 2011 Commons Chamber

[Mr Nuttall]

It is possible that such provisions are already written into contracts—I would be unsurprised if they are. If they are, perhaps they should be more widely advertised. People might know about driving while unfit from alcohol, but they may be unaware that driving under the influence of drugs risks invalidating insurance policies.

[Andrew Bingham]

Does my hon. Friend agree that if a measure such as the one outlined by my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) were implemented, insurance premiums for a great many law-abiding motorists would be reduced, which I am sure would be welcomed by one and all?

[Mr Nuttall]

My hon. Friend makes a very good point indeed. That is one beneficial and happy side effect of the Bill. As a result of fewer people driving under the influence of drugs, there will hopefully be fewer accidents. Therefore, insurance premiums for everyone else would be much lower.

If I may, I shall continue my brief explanation of the contents of the Department for Transport consultation document, which states:

“The public rightly perceive users of these drugs”—

drugs that are controlled by the Misuse of Drugs Act 1971—

“as a danger to road safety. As this paper has shown, it is difficult for the police to deal with these offenders. The nature of the effects of the drugs they take mean it is inappropriate to regulate the use of impairing illegal drugs using a prescribed limit based on the same principles as the limit for alcohol, even if it was acceptable to do so…Such an offence could be framed in such a way that a driver could be convicted of a new offence if an appropriate test showed such an illegal drug in their body. The effects of particular drugs on different individuals are complex, and, as set out below, there would be a lot of further work to do to develop this possibility, but our ultimate aim would be to treat in this way any illegal drug that is capable of impairing driving…The penalties for drivers exceeding the prescribed limit for alcohol are the same as for those convicted of the alternative offence of driving while unfit through drink or drugs. We therefore envisage that penalties for the possible new offence should be the same as for the existing offence of driving while unfit through drugs, which is a mandatory minimum disqualification of 12 months; offenders may also be fined up to £5,000 and sent to prison for up to 6 months.”

That consultation closed in February 2009, and in December 2009 the then Labour Government announced that they would seek further advice on the matter from Sir Peter North—it was his review that I referred to earlier as the North review. Although Sir Peter North provided initial advice to the then Minister, Lord Adonis, before last year’s general election, his final report was not published until 16 June last year, which of course was after the change of Government. The main recommendations of the North review relating to drug-driving were that police procedures enforcing current drug-driving laws should be improved, and that there should be early approval for saliva testing. The press notice accompanying the review stated:

“The Review also assesses Great Britain’s less well-understood drug driving problem, challenging the lack of reliable statistics, out-dated research and police emphasis on drink driving detection. In the short term, Sir Peter recommends that police procedures enforcing current drug driving laws are improved, making it more straightforward for police to identify and prosecute drug drivers by allowing nurses, as well as doctors, to authorise blood tests of suspects. Medium-term, he recommends early approval of saliva testing of drug driving suspects in police stations, which will largely overcome the environmental problems in roadside use that had previously slowed technological development of so-called ‘drugalysers’.”

On the question of a new law setting banned drug levels, Sir Peter was keen to say:

“The focus should be on public safety. Any new offence should therefore focus on establishing levels of drugs in the blood at which significant impairment – and therefore, risk to public safety – can be reasonably assumed, as is the case now for drink-driving”.