Policing and Crime Bill

Baroness Jones of Moulsecoomb Excerpts

Committee: 4th sitting (Hansard - part two): House of Lords
Wednesday 9th November 2016 Lords Chamber

I am grateful that my noble friend the Minister took the time to meet interested Peers, even before today’s Committee stage, and hope that we will receive a favourable response from her today. However, there is one final matter to consider carefully. This issue has come late to the Bill. Organisations such as those I have mentioned stand ready to try to mobilise the Commons, even at this late stage. The key factor in any such approach is those who have had direct experience of this issue—perhaps a relative killed by a driver who had 63 milligrams of alcohol in his or her blood. Some relatives will ignore the calls from these groups to see their MP and speak to the press. Some will feel that they want just to grieve in peace and quiet. Others will feel that coming forward is cathartic and helps them to do something to prevent anyone else suffering as they have. However, some will just want to be left alone and not have the burden of even considering whether they should come forward at the request of these organisations. I am instinctively uncomfortable about this reality of our politics—namely, the necessity of taking action to get things changed when there are reasonable, rational arguments for doing so, when a measure has been on the statute book for 60 years, and when Her Majesty’s Government say no. In the light of a recent American campaign, I ask my noble friend the Minister to reflect on how much better it would be for everyone, particularly victims, if there was a change without such a campaign. Do we really need to conduct our politics like this all the time? I do not think so. I await my noble friend’s reply. I beg to move.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I congratulate the noble Baroness, Lady Berridge, on tabling such a moderate amendment. I would have pushed for a much stronger lower limit. It is absolutely irresponsible for anybody to get into a car once they have had a drink. Here in Britain we have one of the highest limits in Europe. Some EU nations have completely banned drinking alcohol before getting into a car. Personally, that is what I would like to see.

The new limit would be equivalent to a pint of beer or a large glass of wine for a man and half a pint of beer or a small glass of wine for a woman. I argue that even that relatively small amount of alcohol affects your ability to drive. It reduces one’s inhibitions and perhaps one’s ability to speak clearly. If you drink that amount and then get into a car, you are making that car a dangerous weapon. I do not understand why it is acceptable to get into a car and then be likely to, or have the possibility, to injure or even kill somebody. Drink-driving led to 240 fatalities and more than 1,000 serious injuries in 2014, the last year for which we have figures. It is unreasonable to accept this number of deaths and injuries in our society. We should aim for zero deaths. The reason that so many drivers do not get killed any more is simply because of better medical practices. Help is given to them sooner and so they are more likely to kill or injure people outside their vehicle—pedestrians and cyclists.

We accept road deaths far too easily. I talk to people who say, “It just happens”, but it should not happen. Every death costs society over £2 million. That means every taxpayer pays for you getting into your car and going off and killing somebody. The £2 million cost is for social services, emergency services and medical services. We allow this ridiculous sum to happen on a regular basis.

We have not had the results of the Scottish trial yet, but Police Scotland said that in the nine months after the drink-drive limit was reduced in December 2014, the number of offences fell by 12.5%. That means people have been saved—they have not died or been seriously injured. There is also evidence that it has changed social attitudes. A December 2015 survey suggested that 82% of Scots now believe that drinking any alcohol before driving is unacceptable. That is the sort of thing that we should expect here in England as well. It is time to update this ridiculous figure, which allows somebody who has drunk far too much to be competent to get into a vehicle and be dangerous on our roads.

[Lord Brooke of Alverthorpe]

My Lords, I am very grateful to the noble Baroness, Lady Berridge, for bringing this amendment. I have long form on this one. I first chaired an EU sub-committee in 2001 that recommended we should fall in line with what was happening in Europe and go down to 50. I moved a Private Member’s Bill—this year or last year, I forget—that ended up going through Committee stage and everything. It cleared the Lords so your Lordships, I hope, have not changed your minds and are still in favour of this—as on the previous occasion when an amendment was tabled. However, there was no shift from the Government.

The noble Baroness, Lady Berridge, raised a very interesting point about how we come here with evidence and everybody seeks the change, yet the change does not take place and the deaths continue. She mentioned that there has been a plateau in the number of deaths. There was a decline from 2000 to 2010 but there has been little shift, other than last year when it went marginally up. When I concluded my last contribution on this I forecast—I cannot remember the number—the number of deaths that would take place over 2015, 2016 and 2017. In fact, I think I probably underforecast because of the rise last year.

The simple reason for that is that the Government do not have any initiatives of any importance that are going to change the course of events. It is bits and tiny pieces here and there when we should be looking at the policy that has been proven to work in Scotland. We ended up with the Minister last time saying he would have conversations in Scotland. The Minister for Transport at the other end also said that he would have conversations in Scotland and look at the evidence there, but I have had no further reports from the people I know on the outturn of those conversations and I do not even know if they have been held.

Perhaps the Minister will be kind enough to advise us on what is coming out of Scotland. The initial evidence there was certainly compelling enough to indicate that the change was working and that it had effected a cultural change—people were not even driving the following day. One of the problems you get with drink-driving is that people still drive the following morning when they are intoxicated. That had changed in Scotland to a fair extent. I hope it is being maintained.

I hope the Government are taking this seriously and that at some stage we are going to get a lower limit—even Malta, the last remaining European country with a higher limit, is committed to fall in line down to 50; we alone remain. Ireland has changed. Northern Ireland is changing. Wales wants to change. Yet England alone holds out, wanting to be convinced. The evidence of the deaths is there and it is time we did something about it.

[Earl Attlee (Con)]

My Lords, I wonder whether the Committee will permit me to speak even though I did not hear the start of my noble friend’s speech—for which I sincerely apologise to the Committee.

I am disappointed that some time ago I tabled a Written Question, to be answered by my noble friend Lord Ahmad for the Department for Transport, asking when we expected to get useful statistics from the experience of Scotland. Although noble Lords have pointed to positive changes in compliance in Scotland, we really need to see from Scotland figures relating to the number of drivers who are far in excess of the legal limit. The statistics for England are very interesting—I found them compelling when I had to answer on this issue at the Dispatch Box. If the Minister cannot tell me now, perhaps she can write to the Committee, but I should like to know when we will get useful statistics from the Scottish experience. That will be very important in informing the Government’s decision on whether we should go to 50 or remain at 80. It is the persistent, unregulated drinkers who have very serious accidents—but without the statistics from Scotland I think we would be making a premature decision.

[Baroness Jones of Moulsecoomb]

What does the noble Earl mean by “serious accidents”? People are being killed and seriously injured by those who have had a drink. A lot of the time those accidents are caused by people who have had far too much to drink but sometimes they are caused by people who have had a small amount to drink—but their faculties and ability to drive are lessened. So it is not just a question of drinking a lot; it is a question of drinking at all.

[Earl Attlee]

My Lords, I absolutely agree with the noble Baroness. Any alcohol whatever will to some extent cause a reduction in driving capability and increase the risk of having an accident. I am saying that we need to be careful and take advantage of a full range of statistics from the Scottish experience. I was disappointed with the Department for Transport because it could not tell me at what point it thought it would get useful statistics from Scotland.

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[Earl Attlee]

My Lords, the arguments proposed by noble Lords are ones we have heard for many years. The arguments have not changed. Why, therefore, did the party opposite not lower the limit when they were in government? The reason is that it is a tricky issue.

[Baroness Jones of Moulsecoomb]

My Lords, we are not talking about the past but about now. We have an opportunity to do something now: to save lives and prevent serious injuries. I do not understand this reluctance to face facts. As the noble Lord said—is he a friend?

[Lord Kennedy of Southwark]

Yes, I am.

[Baroness Jones of Moulsecoomb]

As my noble friend said, we are not talking about comparing ourselves with other countries, and nor are we arguing for any other changes. We are not talking about drug-driving but specifically about drink-driving and the damage it does to innocent lives.

Policing and Crime Bill

Baroness Jones of Moulsecoomb Excerpts

Report: 2nd sitting (Hansard): House of Lords
Wednesday 7th December 2016 Lords Chamber

[Baroness Hamwee (LD)]

We support the amendment from these Benches. I congratulate those who tabled it on their persistence and on taking forward the work of a Select Committee to seek to translate it into legislation. That is an example of how this House can work so effectively.

As others have said on many occasions, we should not have to legislate, but it seems that we do in order to change attitudes. Sometimes we have to make something enforceable before people come to understand that the subject is actually a right. The amendment has been described as anticipatory. Unfortunately one often sees that it is too easy for someone who infringes a rule not to take the sanction seriously. It can be regarded as an operating cost. If you are caught out and have to pay a penalty it is tough, but it is part of the costs of the business.

The value of the amendment is that bringing the issue into the licensing process will concentrate minds at the right point. I slightly take issue with my noble friend Lady Thomas, who talked about teeth. I say that it is about a mindset—so minds rather than teeth —but I think that is the only difference between us.

As the noble Baroness, Lady Deech, said, it is about mainstreaming the issue, making sure that everyone approaches it with the right objectives in mind. It is very harsh—almost offensive—to expect the objectives of the amendment to be met by individuals who find themselves unable to get into a set of premises, to use that as the example, not having known beforehand that there would be a problem, and to put the burden on them, in retrospect, to take it up—and we know that these rights are difficult to enforce, because individual rights are not easily enforced.

The Minister said in Committee that it would be inappropriate for licensing conditions to refer to specific legislation, because there is already an obligation to comply with that legislation. The new formulation is very neat. The current objective is shorthand, in just the same way as the other four licensing objectives are shorthand—one of them is for protection of children, safety is another. Indeed, the Minister gave examples of that in Committee. There would not be a call for the amendment if guidance worked and if good practice, which is no doubt observed by the good practitioners, was observed by those who have made the amendment necessary. We are very enthusiastic in support of the amendment, although it is sad to have to be enthusiastic for it.

[Baroness Jones of Moulsecoomb (GP)]

I support the amendment not because I am disabled but because like most of our population I am getting older. Although I can still run for a bus, there is going to be a time when I shall not be able to. So this is not only for disabled people—it is for us all. It is for the whole population, and I think that we have been incredibly flabby as a nation in not putting this into practice before. I was astonished to find that there was this let-out and gap in our legislation and that people can still exclude and discriminate against an important section of society. If we do not all support this amendment today, I think that we are being thoroughly wet and flabby and not living up to the ideals of an enlightened society.

[Lord Foster of Bishop Auckland (Lab)]

My Lords, I support the amendment. I was a member of the ad hoc Select Committee so ably chaired by the noble Baroness, Lady Deech, along with others who have already spoken. It was a great learning experience. In my long lifetime, if not as long as some in this House, I have always been struck by the immense progress that we have made over the years. But when you get into the detail, you are absolutely appalled that the rest of society imposes on our many colleagues with disabilities that they shall not enjoy that which we all take for granted. Imagine if we were not able to go into a restaurant or a pub—I am a teetotaller, but I spent half my life in pubs and bars trying to find Labour Members when I was Labour Chief Whip. It is appalling that we expect disabled people to put up with second best.

The Act put through in 1995 by the noble Lord, Lord Hague, is one of which the Tory Party is rightly very proud. I ask the Government to live up to that Act and agree to the amendment.

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I recognise that there will soon, I hope, be evidence available from the Scottish change in the law. There will be evidence, as we heard outlined previously, about the rural economy, and there will, I hope, be evidence about the reductions in deaths and injuries. We need to be careful about the difference between correlation and causation when we look at that evidence. But there will also be, I hope, the evidence from the criminal courts on how the change in the alcohol limit affects prosecution, particularly that of causing death by careless driving. I hope that my noble friend the Minister will be able to give assurances that the Government will take forward this matter constructively. I beg to move.

[Baroness Jones of Moulsecoomb]

My Lords, I support both Amendments 174 and 175. I rise slightly wearily because I do not know, after the calm, clear and patient explanation from the noble Baroness, Lady Berridge, of why this is necessary and it is illogical not to do it, that I can find any more reasons to give to the Government for making this change. However, I will try.

We heard from Mr Grayling in the Daily Mail today—he was Secretary of State for Transport this morning, but I am not sure if he still is—that the Government are,

“not interested in penalising drivers who have had ‘a glass of wine at the pub’.”

Nor are we. Drinking is a perfectly acceptable way to spend your time, but I object when the person who has had a drink gets into a car, which then becomes a dangerous weapon. We hear again and again that any alcohol in your blood can impair your faculties and behaviour. Drinking and driving is just not something that we ought to accept in civilised society.

We heard that the number of deaths has plateaued at 240 a year since 2010. From the available evidence, there are estimates that 25 people die unnecessarily a year, and we could reduce that number still by bringing down the limit of blood alcohol content. Yet it seems to me that we accept 25 deaths a year. Why on earth do we think it is okay for 25 people to die on the roads? That does not even include the people injured from crashes. Some 8,000 people a year are injured from crashes, so if we accept that 25 lives would be saved, we must also accept that quite a lot of injuries would be prevented as well.

Lowering the limit would be a deterrent. We do not need to wait for Scotland. Multiple countries and multiple reviews show that lowering the limit has a deterrent effect. It is in fact the biggest deterrent, and it is cheap and easy to do. It is something we ought to do quickly. Martin Luther King said that,

“Injustice anywhere is a threat to justice everywhere”.

It is an injustice when we accept that deaths on the road are something we do not want to deal with because we do not want to stop people drinking and getting in their cars afterwards. Personally, I think that is unacceptable.

[Baroness Hollins (CB)]

My Lords, I will speak briefly to the evidence. An analysis was done in Switzerland comparing both novice and experienced drivers who had been fatally or seriously injured, and whether they had been drinking alcohol. The analysis compared two time periods, before and after reducing the legal limits, for 2011 to 2013 and 2014-15. In between-time, the limits in Switzerland were reduced to 20 milligrams for novices and 50 milligrams for others. The study found a larger reduction of serious alcohol-related accidents in both groups of drivers than of accidents without alcohol between the two time periods.

Early trends from Scotland with respect to the impact on fatal accidents of reducing the drink-driving blood alcohol levels to the same levels in December 2014 are also very promising. In 2010, the North report published by the Government reviewed drink and drug-driving laws, and modelled that a lower limit of 50 milligrams of alcohol in 100 millilitres of blood would save a significant number of lives. Applying those models to Scotland suggested that between three and 17 fewer deaths per year could be expected. The good news is that there seems to be a trend of that happening. In 2015, the first full year in which the reduced limit was in place, there were 24 fewer fatal accidents, a 13% reduction, and 98 fewer accidents involving serious injury—a 5% reduction.

As the noble Baroness said, it is difficult to attribute causation conclusively. However, is there really any reason why the results found in other countries should not also apply here? I strongly support a reduction in these limits to the same levels that apply in other UK jurisdictions. We must not forget that in May this year, your Lordships’ House also voted to support this reduction, anticipating that this could save as many as 100 lives a year. The measure is supported by a significant majority of the public.