Crime and Policing Bill

Baroness Hayter of Kentish Town Excerpts

Committee stage
Monday 15th December 2025 Lords Chamber

[Baroness Hayter of Kentish Town (Lab)]

My Lords, I shall speak to Amendment 350 in my name and that of the noble Baroness, Lady Finlay, Amendment 416B in my name and that of the noble Lord, Lord Ashcombe, and Amendments 356G and 398 to which I have added my name.

I will turn first to Amendments 350, 356G and 398, about drink-driving, something we all want to see end. Amendment 350 would bring the UK into line with virtually every other country by reducing the permitted blood alcohol level from 80 milligrams to 50 milligrams of alcohol per 100 millilitres of blood. This has widespread support among the public and has been endorsed by an impressive range of organisations, including the BMA—which is not very popular at the moment—the National Police Chiefs’ Council, IAM RoadSmart, PACTS, RoSPA, the Royal College of Physicians, the Royal College of General Practitioners, the Society for Acute Medicine, the College of Paramedics, the Royal College of Emergency Medicine, the Association of Ambulance Chief Executives, and the Association of Police and Crime Commissioners—in other words, exactly the people who have to pick up the pieces when drivers have been behind the wheel after drinking. As RoSPA’s strapline states,

“accidents don’t have to happen”

—never so true as with drink-related car crashes.

The arguments are clear. England and Wales are now the only countries in Europe with a limit as high as 80 milligrams per 100 millilitres of blood. All the others, including Scotland, have a limit of 50 milligrams or lower, which the bodies I have name-checked want for new and commercial drivers. A 50-milligram limit leads to fewer crashes and fewer deaths and injuries. Drink-driving fatalities have risen to a fifth of all road deaths, the highest rate since 2009. That is 260 deaths a year, with the victims often an innocent passenger, a pedestrian or a driver from another car. That is only part of the problem, with over 7,000 casualties, some life-changing, because while wonderful medicine and brilliant ambulance staff can save lives, they cannot always save limbs. Public support for change is overwhelming, with three-quarters favouring a lower limit, and nearly this number wanting zero tolerance of drink-driving.

Amendment 398 allowing random breath tests, tabled by the noble Earl, Lord Attlee, and supported by the noble Lord, Lord Browne of Ladyton, would be a major disincentive to drivers, knowing they could be stopped on any road for a quick blow-into-the-bag test. Few would risk their licence if the chances of being stopped were increased and unpredictable. Regrettably, enforcement of our existing laws has nearly collapsed, with the number of breath tests more than halved since 2009. Meanwhile the proportion of drivers who admit to driving while over the limit has been rising, especially among the under-25s, with some one-third confessing to this. Random breath testing happens in many other countries and the effects are evident. In Queensland, Australia, a reduction from 80 milligrams to 50 milligrams with the added use of random testing saw fatal accidents drop by 18%. It is easy to see why. If the chance of being caught is slim, then the likelihood of risking it is high, but if the chance of being caught is high, then the likelihood of risking it is slim.

There is a further measure in Amendment 356G in this group, to which the noble Lord, Lord Hampton, will speak in more detail. This is aimed at the repeat drink-driver who, once caught, would then have to have an alcolock fitted to the car, meaning a compulsory unavoidable breath test before the ignition could be switched on. This measure is clear, effective and preventive, and widely used in other countries and widely supported by the public.

Finally, I turn to Amendment 416B, which might answer some of the questions asked by the noble Lord, Lord Blencathra. This is supported by the noble Lord, Lord Ashcombe, and it concerns something very different. It addresses an oddity that has grown over the years; namely, that the maximum fine for keeping or driving an uninsured car is now well below the cost of insuring a car. It is a real disincentive to bother with that small matter of purchasing insurance.

There are up to 400,000 uninsured cars on our roads every day, yet, as a result of inflation, the fixed penalty notice for uninsured driving remains at just £300, and for keeping such a vehicle a mere £100—this, when the average insurance is about £560. So the price of doing the wrong thing is half of doing the right thing.

Of course, any accident of an uninsured cover driver is covered by all the rest of us via our insurance premium, because some of that funds the Motor Insurers’ Bureau, which pays out. The victim of any crash caused by an uninsured driver is still compensated, so we are all paying for the uninsured driver. Every 20 minutes, someone is injured by an uninsured driver. Indeed, those drivers account for about 130 of the deaths that I have mentioned each year. Despite that, deterrence against non-insurance is minimal so long as the fine is half the average premium.

Our intention when we looked to table an amendment was simple: we wanted to increase the level of the fine, whether for keeping or driving an uninsured vehicle, to a figure well above the cost of insurance. However, that fell foul of the clerks, who advised that it was out of scope of the Bill, meaning that we could not table a change to increase the penalty. What is in scope is to allow the police to confiscate an uninsured vehicle and to hold it until it is insured or, failing that, for the police to take ownership of it—when I told my noble friend the Minister this, I think he hoped it was a Jaguar that was going to be uninsured, which would help the police no end.

Of course, it would be a real incentive if you would lose your car if it was not insured. It was not the original intention to call for that, but I have to say that now it is on paper I am rather attracted to it. However, my question to the Minister today is: please will the Government either take their own action to jack up these fines for having an uninsured car or take the more radical step of giving police the nod to confiscate any car on the road without insurance?

In summary, the amendments to which I put my name would deter people from keeping or driving an uninsured car. Via the random breath tests, about which we will hear shortly from the noble Earl, Lord Attlee, they would deter people from driving after drinking. Via the lower blood alcohol level, they would push down the rates of driving after drinking and, via the alcolocks, they would prevent a drink-driving offender taking to the car for a second time. I commend the amendments to the Committee.

[Lord Hampton (CB)]

I shall speak to Amendment 356G in my name and that of the noble Baroness, Lady Hayter of Kentish Town, who has spoken so forcefully on the subject.

Drink-driving remains one of the most preventable causes of death on UK roads. The latest Department for Transport figures show that an estimated 260 people were killed in crashes on Britain’s roads involving at least one driver over the legal alcohol limit in 2023, and approximately 1,600 people were seriously injured.

Alcohol interlock technology, or alcolocks, can reduce reoffending and save lives. Alcolocks prevent a vehicle from starting if alcohol is detected on the driver’s breath. The driver has to breathe into a tube, and the levels of alcohol are instantly detected before the engine is able to be turned on. According to the RAC Report on Motoring 2025, 82% of UK drivers support the introduction of alcolocks, so—stops, looks meaningfully at Ministers—it is very popular with voters. Research for the RAC report also found rates of admitted drink-driving near pre-pandemic levels, with more than one in 10 respondents, 12%, saying they had driven when they thought they were over the limit, either directly after drinking or on the morning after. The figures for younger drivers were even more pronounced, with 14% of those aged 25 to 44 admitting to drink-driving, and as many as 18% of those under 25.

The good news is that alcolocks are already in the Road Safety Act 2006, but the experimental wording in its Section 16 effectively turned the interlock provisions into a contingent pilot that ended in 2010. That pilot was never fully taken forward and the powers never came into effect. As a result, alcohol interlocks are not part of the UK courts’ sentencing toolkit. This has left the interlock scheme in limbo, despite years of persistent drink-driving offending and the accompanying road deaths and injuries. However, removing this experimental wording will mean that the interlock scheme under Section 15 of the Road Safety Act can be brought into force, restoring the original purpose of the Act to give courts a rehabilitative, safety-oriented sentencing tool for drink-drive offenders.

Section 16 meant that courts could impose an alcohol ignition interlock programme order only in designated pilots or trial court areas—that is, only in areas specifically chosen by the Secretary of State. This was a purposefully cautious approach for any scheme to be selective and closely monitored to build an evidence base. However, the evidence base is now robust and expansive, and the UK is behind the curve, with all 50 US states, most EU countries, New Zealand and more all introducing a form of alcohol interlock programme, with substantial research available that supports their effectiveness.

This provision is already there in legislation; it just needs a tweak. These international programmes show that alcolocks can reduce reoffending by up to 70% and are as effective as airbags in reducing road deaths. All the Government have to do is accept this amendment.

--- Later in debate ---

[Lord Katz (Lab)]

My Lords, before I turn to the substance of the amendments in this group, I shall briefly set out the Government’s plans for road safety. As many noble Lords who have spoken in this debate will know, the Government are currently developing the first road safety strategy in a decade. The safety of road users is a top priority for the Government, and we are fully committed to considering the range of existing motoring offences and police powers, while implementing policies that will improve road safety for all. Our intention is to publish this strategy soon. Many of the issues raised in these amendments fall under the purview of this strategy, and I encourage noble Lords to study the strategy once it is available.

Amendment 345 tabled by the noble Lord, Lord Lucas, and moved by the noble Lord, Lord Blencathra, on his behalf, seeks to make provision for a pilot to help tackle the problem of non-compliant vehicles on our roads—that is, vehicles which are uninsured, unregistered, untaxed or without an MoT. The police already have robust enforcement powers under the Road Traffic Act 1988 and the Police Reform Act 2002, including the ability to seize and dispose of vehicles for offences such as driving without insurance or a valid MoT. As the noble Baroness, Lady Pidgeon, said, the College of Policing provides authorised, professional practice guidance on roads policing, and the strategic policing requirement prioritises this nationally.

Enforcement on the roads is a matter for the police, given their operational independence, and should remain so. We have already talked earlier at some length this evening in Committee about the impact of Operation Topaz on focusing efforts of all partners in improving road policing, and certainly the Government, as we have heard, are investing in this. It is for police forces to enforce road traffic legislation, with chief officers deciding how to deploy available resources, taking into account any specific local problems and demands. Given his experience in road transport matters, it is good to be on the same side of this argument as the noble Earl, Lord Attlee, at least on this one amendment tonight. For future days we shall see. Additional statutory guidance, as envisaged by the amendment, is therefore unnecessary. Mandating new guidance and pilots would place further strain on police resources without clear funding or staffing provisions.

I understand that the noble Lord, Lord Lucas, intends that the pilot would provide a self-funding solution, but it is not immediately apparent to us how this would be the case. For these reasons, we are not persuaded that enforcement pilots will deliver better outcomes than existing measures such as the automatic number plate recognition—ANPR—systems and intelligence-led approaches.

The noble Lord, Lord Davies, asked about the APPG report, which talked about ANPR. Of course, we welcome the contribution of the APPG’s report on the issue. I note that the ANPR system is, of course, a valuable tool—as we would all acknowledge—to help the police tackle crime and keep the roads safe. The Government assure your Lordships’ Committee that they keep the effectiveness of police use of ANPR systems under regular review so that it remains a robust tool for identifying vehicles of interest and drivers who break the law to the police. The DVLA and National Police Chiefs’ Council work closely with trading standards, local authorities and other government departments to improve the identification and enforcement of number plate crime.

The danger is that the well-intentioned amendment tabled by the noble Lord, Lord Lucas, and moved by the noble Lord, Lord Blencathra, would duplicate existing frameworks, including the National Police Chiefs’ Council and the College of Policing guidance. The focus should remain on optimising the use of current enforcement powers and technology rather than introducing a duplicative statutory provision. Having said that, I will arrange for Home Office and Department for Transport officials to meet the noble Lord, Lord Lucas, in the new year.

I turn to Amendments 350 and 398, tabled by my noble friend Lady Hayter and the noble Earl, Lord Attlee, supported by the noble Lords, Lord Berkeley and Lord Bailey, and discussed with some thought and care by the noble Baroness, Lady Coffey. The Government fully share their—all our—commitment to reduce the numbers of those killed and seriously injured on our roads. Driving under the influence of drink or drugs is unacceptable and illegal. We are determined to combat this behaviour and to ensure that all such drivers are caught and punished. We have a combined approach of tough penalties and rigorous enforcement, along with our highly respected and effective THINK! campaign. This reinforces the social unacceptability of drink-driving, reminding people of the serious consequences such practices have for themselves and others.

I assure my noble friend that the upcoming road safety strategy includes serious consideration of lowering the drink-drive limits, as well as testing of suspects, and penalties. As part of this, we are considering concerns raised by campaigners, parliamentarians and bereaved families whom my ministerial colleagues in the Department for Transport have met. The Government are listening closely to the concerns of those affected by tragic cases of death or serious injury on our roads and want to put them at the heart of this work.

Amendment 356B, in the name of the noble Lord, Lord Hampton, seeks to extend the alcohol ignition interlock programme to drivers convicted of certain drink-driving offences. Obviously, there is a very strong argument for alcolocks, not skipping over the fact that they have a lot of popularity with voters. I could not possibly comment on that in your Lordships’ House. As the noble Lord said, alcohol ignition interlock programmes are widespread in many jurisdictions. I reassure the noble Lord that the road safety strategy will consider the case for the use of alcolocks in dealing with drink-driving offenders.

It is worth considering the current regime in place for higher-risk offenders: those who have already engaged in what may be seen as repeated drink-driving or been involved in those alcohol misuse issues. There is a higher-risk offender—HRO—scheme for those who refuse to provide a breath sample, have had two drink-driving convictions in 10 years or were two and a half times over the legal limit. Currently, the practical consequences of becoming a drink-driver HRO is that the driver’s licence is not automatically reissued upon application once the period of disqualification has ended. Instead, the HRO must apply for a new licence, and the DVLA will issue a licence only after the HRO has proved their medical fitness to drive. Having said that, these alcolocks will be considered in the road safety strategy. I hope that gives the noble Lord some assurance and that he will look out for it and study it carefully.

Amendment 416B, tabled by my noble friend Lady Hayter, related to the confiscation—

[Baroness Hayter of Kentish Town (Lab)]

Before my noble friend goes on to the issues that will come under the strategy, can he confirm whether, if anything is agreed along any of these lines, separate legislation will be brought in? Our fear otherwise is that this Bill goes, and it is then a long time before any legislation is brought in.

[Lord Katz (Lab)]

The road safety strategy review is being undertaken by the DfT, so it is a little outside my bailiwick to speak on it. There may well be lots of provisions in the strategy—this is more my speculation than anything else—that do not require primary or secondary legislation. The strategy will be out soon, and we are about halfway through Committee.

My noble friend’s amendment on confiscation of uninsured vehicles was supported by the noble Lord, Lord Ashcombe, who spoke with considerable knowledge of the insurance industry and the costs of free riding in car insurance and those who do not act responsibly. As I have indicated, the police already have powers under Section 165A of the Road Traffic Act 1988 to seize vehicles that are driven without insurance. This amendment goes further by making confiscation automatic and permanent after 28 days.

Under the existing regulations, the process for reclaiming a seized vehicle is clear and time-bound. Once the vehicle is seized, the registered keeper or driver has seven working days to reclaim it by paying all recovery and storage charges and providing proof of valid insurance. This ensures that enforcement is firm but fair, giving owners a reasonable opportunity to comply. If the vehicle is not reclaimed within the seven-day period, the police may proceed to dispose of it. Disposal can mean sale, destruction or other lawful means after issuing a formal notice of intent. This step ensures transparency, and due process for ownership is effectively transferred. These provisions strike an appropriate balance between enforcement, cost, recovery, and fairness to vehicle owners.

Having said that, my noble friend has indicated that her underlying point is about the inadequacy of the sanctions for driving without insurance, which the noble Lord, Lord Ashcombe, was discussing as well. My noble friend has pointed to the fact that at £300, the maximum fixed penalty notice for this offence is about half the cost of average annual car insurance. As I have said, we will soon be publishing a new road safety strategy. At the risk of sounding like a broken record, this will, among other things, set out our proposals for changes to motoring offences. I invite my noble friend to study the strategy and accompanying consultation documents once they are published.