Baroness Williams of Trafford
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Policing and Crime Bill
Baroness Williams of Trafford ExcerptsWednesday 7th December 2016
(8 years ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 72-II(Rev) Revised second marshalled list for Report (PDF, 324KB) - (6 Dec 2016)
“Deputy Mayor for Policing and Crime as member of local authority
(1) Section 1 of the Local Government and Housing Act 1989 (disqualification and political restriction of certain local authority officers and staff) is amended as follows.(2) In subsection (9) (references to a person holding a politically restricted post under a local authority include every member of the staff of an elected local policing body) omit “, except for a deputy police and crime commissioner”. (3) After that subsection insert—“(10) The reference in subsection (9) to every member of the staff of an elected local policing body does not include a deputy police and crime commissioner.(11) For the purposes of subsection (1) only, the reference in subsection (9) to every member of the staff of an elected local policing body does not include the Deputy Mayor for Policing and Crime appointed under section 19(1)(a) of the Police Reform and Social Responsibility Act 2011.””
Lord Mackay of Clashfern
I think that if the Government agree that the matter can be reconsidered at Third Reading, it does not need to be a government amendment.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I do not doubt the sincerity of the intentions behind this amendment. The new clause comes directly from the experiences of the Hillsborough families, and anyone who has heard of their long fight for justice cannot fail to be moved. I entirely accept, however, that the issue raised by the amendment is of general application.
As noble Lords will be aware from the debate in Committee, the Government’s position on this amendment is that we should wait for the report commissioned from Bishop James Jones on the experiences of the Hillsborough families. In commissioning the work, the then Home Secretary asked Bishop Jones,
“to ensure that the full perspective of those most affected by the Hillsborough disaster is not lost”.—[Official Report, Commons, 27/4/16; col. 1436.]
The families will have numerous experiences, including views on legal representation, and this will be reflected in Bishop Jones’s report, which he aims to publish next spring.
I entirely accept noble Lords’ points about the coroner, and we will bring them to the attention of Bishop Jones, but I reiterate that it is appropriate that the Government have the opportunity to consider his conclusions and recommendations fully before deciding what action to take. It would therefore be premature to proceed with the amendment at this stage.
It must be right that any consideration of this amendment takes account of the financial implications. The cost of the legal representation for the 103 Hillsborough families at the fresh inquests amounted to £63.6 million. Clearly, the Hillsborough inquests were an exceptional case, but they provide at least an indication of the level of financial commitment such an amendment could imply. While it is the case that the Hillsborough families received public funding for their legal costs at the fresh inquest, it was a bespoke scheme, instituted due to the exceptional nature of the events that took place 27 years ago.
Recognising the exceptional nature of the Hillsborough inquests, it is also right that we look at other data. We cannot say for certain in how many inquests the police are named as an interested person. However, we know from the Independent Police Complaints Commission report Deaths During or Following Police Contact: Statistics for England and Wales 2015/16 that in the last financial year, 200 persons died following contact with the police. All of those deaths would have been subject to an inquest. Of course, the financial implications of this amendment are but one of the matters noble Lords will wish to take into consideration, but we cannot be blind to the impact on the public purse.
However, I come back to my core objection to this amendment: that this is neither the time nor the place to pursue this matter. As I have said, the Government are firmly of the view that we should wait for Bishop Jones’s report and then determine, in the light of that, the most appropriate way forward. I hope the noble Lord, Lord Rosser, will accept that this is the proper way to proceed and agree—
Lord Kerr of Kinlochard (CB)
Before the Minister sits down, I would like to be quite clear. Is she rejecting the wise advice from the noble and learned Lord, Lord Mackay of Clashfern? Is she saying that this is not a point of principle but a point of public expenditure?
Baroness Williams of Trafford
I am not disagreeing with anything that noble Lords have said. I have said that, in the light of the review by Bishop Jones, this is not the time to press the amendment. I hope, on that note, that the noble Lord will withdraw his amendment.
Lord Rosser
I thank all noble Lords who have spoken in this debate and will just make one or two comments on what the Minister had to say in reply. What is recorded in Hansard is that,
“the former Home Secretary commissioned Bishop James Jones to compile a report on the experiences of the Hillsborough families”.
It does not say there that he has been asked to compile a report on the much wider issue raised in this amendment. As far as the timescale is concerned, I can only repeat what the Government said in Committee not so long ago, on 2 November, which is that Bishop Jones has only reached the stage where:
“He is considering the terms of reference for his review with the families”—
presumably the Hillsborough families—
“and intends to publish them shortly”.
He must be some way from that, if it is going to be a detailed report looking at the situation as a whole, rather than just the Hillsborough situation. Certainly, if there is a suggestion that he is going to publish something within a very few months, it would suggest very much that it is going to be concentrated on what happened at Hillsborough and the experience of the Hillsborough families, and not on the much wider issue covered in this amendment of representation for bereaved families at inquests generally where the police are legally represented. The issue of costs has been raised by the Government, which must raise some further doubts. I refer again to what the Government said on 2 November, which is that the Government wish to,
“put on record that these amendments would place a significant financial burden on the Secretary of State … The cost of the legal representation for the 103 families at the fresh inquest into Hillsborough amounted to £63.6 million”.—[Official Report, 2/11/16; cols. 757-59.]
The Government incurred that cost without the terms of this amendment being in operation. But it is quite clear that cost is a major consideration as far as the Government are concerned, rather than the fundamental issue of principle—parity of funding—which is addressed in the amendment. We also of course have not had any commitment from the Government in principle to what is in this amendment, and there is a reference as well to it being considered in due course.
I will come on to the comments that were made. Because there has been no indication that we can bring this back at Third Reading, I believe that we are no longer in a position where we can come back then with an amendment to our amendment. But if the issue is that this should be decided by a coroner or through some sort of judicial decision, rather than by the police and crime commissioner, and if the Government were prepared to give a commitment to bring along an amendment of that nature, I am quite sure that we would support it. The issue for us is not whether it is the police and crime commissioner making the recommendation. The gut issue here is parity of support for bereaved families at inquests where the police are legally represented. Since I do not think I have had a sufficient response from the Government, I beg leave—
(a) is designed to discharge only a small plastic missile (whether or not it is also capable of discharging any other kind of missile), and(b) is not capable of discharging a missile (of any kind) with kinetic energy at the muzzle of the weapon that exceeds the permitted level.”
Baroness Williams of Trafford
My Lords, the government amendments in this group seek to improve the provisions in Part 6 of the Bill relating to firearms. Amendments 159 to 162 make four improvements to the definition of airsoft weapons, which are non-lethal and pose a low risk to public safety. These weapons are legitimately used to discharge pellets manufactured with plastics and are considered as safe for mock skirmishing activities. Amendment 159 responds to concerns raised with us that the current definition is too restrictive and has no realistic prospect of applying to many airsoft weapons, because those weapons could be used to discharge missiles other than these pellets. It amends the definition to refer to the original design of the weapon to discharge only a small plastic missile as defined in the exemption. However, as the then Firearms Consultative Committee found in 2002, airsoft darts, which have higher penetrative qualities, pose a higher risk of causing serious injury than pellets discharged at the same kinetic energy level. Amendment 160 sets out that only weapons designed to discharge small spherical plastic missiles will be considered to be airsoft weapons.
The amendments also take account of new evidence from forensic tests undertaken during the summer on the lethality of airsoft weapons which were used to discharge pellets of up to 8 millimetres in diameter at the maximum permitted kinetic energy levels. Amendment 161 therefore increases the maximum allowable diameter from the current maximum of 6 millimetres to 8 millimetres, in line with the forensic evidence. Amendment 162 makes a technical amendment to the definition of automatic fire airsoft weapons in relation to the permitted kinetic energy level of such weapons, to be consistent with Amendment 159. The Government are committed to legislation that has a proportionate impact. These amendments will allow legitimate businesses in the airsoft industry to continue operating while setting clear standards of compliance required to protect public safety.
Amendments 163 to 165 to Clause 112 amend the definition of an antique firearm in order to cover air weapons as well as weapons that use an ignition system. As currently drafted, the clause confers a new regulation-making power to specify antique firearms by reference to the obsolete cartridge that they are chambered to discharge, or their ignition system. The intention is to place existing guidance on antique firearms on a statutory footing to clarify the law on antique firearms and prevent abuse by criminals. Currently, it is not possible to include air weapons within the definition of an antique firearm as they do not have an ignition system.
Amendments 163 and 165 will ensure that the definition can cover any type of firearm by reference to its propulsion system which, technically, can apply to air weapons as well as ignition firearms. Amendment 164 limits this extension of the definition to England and Wales only, given that the regulation of air weapons is a devolved matter in Scotland.
I hope that Amendments 166 and 167 address the legitimate concern raised by my noble friend Lord Attlee in Committee about the potential impact of EU deactivation standards for deactivated weapons on collectors and the film industry, and the need for the UK to be able to retain more robust controls.
Clause 114 amends the Firearms (Amendment) Act 1988 to make it an offence to make a “defectively deactivated” weapon available for sale or as a gift, or to sell such a weapon or to give it as a gift, other than to a person or persons who are outside the European Union. This gives effect to the European Commission implementing regulation on deactivation standards, which came into force on 8 April 2016 to set the standard for deactivating firearms across the European Union. As currently drafted, the clause retains the link to the EU standards in primary legislation. Amendments 166 and 167 remove this and instead provide for the standards to be specified by the Secretary of State. While we remain members of the EU we are required to abide by the EU standards, but these amendments provide the flexibility to set our own higher standards in the future.
In these circumstances, the Government recognise that it would be inappropriate for our museums to be subject to the new offence when transferring or receiving firearms deactivated to previous standards. It is not our intention for museums licensed to hold firearms to incur additional costs in relation to already deactivated weapons to comply with new deactivation standards which are not directed at them. The risk that museums may have to destroy weapons which are part of our cultural heritage would be an unacceptable result of these provisions. Amendments 168 and 169 therefore provide for the exemption of museums licensed by the Home Office in relation to firearms to be able to transfer or receive weapons which were deactivated to UK standards before the EU directive came into force and until the Secretary of State sets new standards.
Amendment 169A responds to an amendment tabled by Geoffrey Clifton-Brown at Commons Report stage. It amends the law relating to the legitimate practice of lending and borrowing a rifle or shotgun for the purposes of hunting animals, shooting game or vermin, and shooting at artificial targets on private premises. Current legislation permits a firearm certificate holder to lend a rifle or shotgun to a non-certificate holder only if the occupier—or, where the relevant firearm is a rifle, the occupier’s servant—is present on private land of which they are the occupier. The amendment allows a certificate holder to lend a firearm or shotgun on private premises, where they have the permission, in writing, of a person with the right to invite guests on to the premises for the purposes that I have already referred to. The effect of this amendment is that both certificate holders with the right to invite guests on to premises for shooting purposes, and other certificate holders with the written authorisation of such a person, will be able to lend a firearm to a non-certificate holder. The certificate holder providing the written authorisation will be able to set restrictions on either the lending certificate holder or the borrower if they wish.
Finally, Amendments 170 and 171 extend the application of the offence of possession of pyrotechnic articles at live music events to Wales as well as England. This follows consultation with the Welsh Government, who agree that this new offence does not relate to devolved matters.
There is also Amendment 169B in this group, but I will wait to hear what the noble Lord, Lord Rosser, has to say before responding. In the meantime, I beg to move.
Earl Attlee (Con)
My Lords, I support these amendments, and I am particularly grateful for Amendments 166 to 169 and for the Minister’s explanation. The Minister has done everything she possibly can to meet my concerns. Unfortunately, however, she has to react to EU legislation, and the current regime will still have serious effects on collectors and businesses. But there is nothing we can do about it—it is a matter for the EU. In Committee I mentioned the Minister’s excellent officials, and I hope that she will encourage them to engage at EU level to try to get the EU to see that it ought to adopt our system of deactivation, which has worked so well for so many years. However, I am grateful to the Minister.
Lord Paddick
My Lords, I support Amendment 169B in the names of the noble Lords, Lord Rosser and Lord Kennedy of Southwark.
I accept the point made by the noble Viscount, Lord Hailsham, about reasonable cost as opposed to full cost recovery—or, at least, I could accept it if it was an approach the Government took across the board. However, in Committee I drew a parallel with the Immigration Act, where the Government proposed a philosophy of full cost recovery for visa applications and for the Immigration Service generally. I asked the Minister then, if she was not going to agree with amendments tabled to ensure full cost recovery for the issuing of firearm certificates, to explain why a different approach is being taken to the principle of full cost recovery when it comes to immigration. In particular, I asked her to refute the obvious allegation that the Government are discriminating against foreign nationals as against those who go hunting with guns for sport. I cannot recall the Minister specifically responding to that question; perhaps she could address it today.
Having apparently agreed in Committee to the principle of full cost recovery for firearms certificates, the Minister went on to say that there was a public consultation on these issues and that,
“there might be good reasons not to set fees at full cost recovery levels, either for a transitional period or for certain categories of licence holder”.—[Official Report, 9/11/16; col. 1163.]
There are very good reasons why visa applications and the like should not be set at full cost recovery levels, yet the Government appear determined that they should be, without any public consultation or a transitional period. Can the Minister explain why foreign nationals are being treated differently from those who possess firearms?
I asked the Minister in Committee what consultation there had been with groups that represent immigrants or those who might apply for visas before the Government implemented full cost recovery for immigration visas. Can the Minister please answer that question for the record, as she was unable to do so in Committee?
Baroness Williams of Trafford
My Lords, perhaps I may first deal with some of the questions that have arisen out of Amendment 169A. Both the noble Lord, Lord Rosser, and my noble friend Lord Hailsham asked about the age threshold of 17—the noble Lord, Lord Rosser, probably thought that it was too low and the noble Viscount, Lord Hailsham, thought it too high. The age of 17 or over for borrowing rifles reflects the current position under Section 16 of the Firearms (Amendment) Act 1988—which the noble Viscount may have taken through Parliament himself.
The noble Viscount asked about firearms accidentally left in someone’s house. I understood that if you held a firearms licence yourself, it was okay for someone to leave something in your house, but I am not certain on that point so I will write to him.
The noble Lord, Lord Rosser, asked whether the provisions were new. The answer is both yes and no, because they amend current legislation. After careful consideration, we have decided to clarify and align the existing provisions for the borrowing of a rifle or shotgun to practise the hunting of animals and the shooting of game or vermin on private land. He also asked whether individuals with a qualifying criminal record are prohibited from possessing a firearm under Section 21 of the 1968 Act. It is for the lender to satisfy himself or herself that a borrower does not have a relevant criminal record when he or she is lending them a firearm.
The lender would have to be present. If the borrower needed to go to the toilet, for example, they would have to leave the certificate-holder with the weapon while they went to the loo.
I will just respond to Amendment 169B from the noble Lord, Lord Rosser. The Government agreed that fees for firearm certificates should be set on a cost recovery basis. I am happy to confirm, as I did in my letter to the noble Lord, that the cost of these certificates is expected to reflect the full cost of licensing once a new, more cost-effective online licensing system is in place. We already increased the fees for civilian firearm certificates in line with this objective, and Clause 117 allows us to set fees for licences issued by the Home Office and the Scottish Government. As I think I said in Committee, this will save the taxpayer around £700,000 a year.
Viscount Hailsham
My noble friend was good enough to say she would write to me and I am grateful. Would she include in her letter a response on what I would summarise as the service station point, and the point about when one’s wife or partner knows the whereabouts of the key to the gun safe?
Baroness Williams of Trafford
I certainly will. I would be very careful before going to my noble friend’s house, given the guns and their placement in various cars and things. I hope Viscountess Hailsham will be careful, too. I will certainly write to my noble friend on all those points.
Lord Rosser
I am sure the Minister’s response was clear but I did not hear it properly: did she say that the Policing Minister would write on a particular issue concerning firearms? If so, could she repeat that as I am afraid I did not pick it up?
Baroness Williams of Trafford
I just pointed out that we are both frustrated about this matter and that the Policing Minister will write to the national policing lead for firearms for an update on progress.
“(aa) is spherical, and”
(4A) The Secretary of State must publish a document setting out the technical specifications that apply for the purposes of subsection (4)(c) (“the technical specifications document”).(4B) The technical specifications document may set out different technical specifications for different kinds of weapon.(4C) The Secretary of State—(a) may from time to time revise the technical specifications document, and(b) where it is revised—(i) must publish the document as revised, and(ii) specify in it the date on which any changes to the technical specifications that apply for the purposes of subsection (4)(c) take effect.”
“Authorised lending and possession of firearms for hunting etc
(1) After section 11 of the Firearms Act 1968 insert—“11A Authorised lending and possession of firearms for hunting etc(1) A person (“the borrower”) may, without holding a certificate under this Act, borrow a rifle or shot gun from another person on private premises (“the lender”) and have the rifle or shot gun in his or her possession on those premises if—(a) the four conditions set out in subsections (2) to (5) are met, and(b) in the case of a rifle, the borrower is aged 17 or over.(2) The first condition is that the borrowing and possession of the rifle or shot gun are for either or both of the following purposes—(a) hunting animals or shooting game or vermin;(b) shooting at artificial targets. (3) The second condition is that the lender—(a) is aged 18 or over,(b) holds a certificate under this Act in respect of the rifle or shot gun, and(c) is either—(i) a person who has a right to allow others to enter the premises for the purposes of hunting animals or shooting game or vermin, or(ii) a person who is authorised in writing by a person mentioned in sub-paragraph (i) to lend the rifle or shot gun on the premises (whether generally or to persons specified in the authorisation who include the borrower).(4) The third condition is that the borrower’s possession and use of the rifle or shot gun complies with any conditions as to those matters specified in the lender’s certificate under this Act.(5) The fourth condition is that, during the period for which the rifle or shot gun is borrowed, the borrower is in the presence of the lender or—(a) where a rifle is borrowed, a person who, although not the lender, is aged 18 or over, holds a certificate under this Act in respect of that rifle and is a person described in subsection (3)(c)(i) or (ii);(b) where a shot gun is borrowed, a person who, although not the lender, is aged 18 or over, holds a certificate under this Act in respect of that shot gun or another shot gun and is a person described in subsection (3)(c)(i) or (ii).(6) Where a rifle is borrowed on any premises in reliance on subsection (1), the borrower may, without holding a firearm certificate, purchase or acquire ammunition on the premises, and have the ammunition in his or her possession on those premises for the period for which the firearm is borrowed, if—(a) the ammunition is for use with the firearm,(b) the lender’s firearm certificate authorises the lender to have in his or her possession during that period ammunition of a quantity not less than that purchased or acquired by, and in the possession of, the borrower, and(c) the borrower’s possession and use of the ammunition complies with any conditions as to those matters specified in the certificate.”(2) In consequence of the amendment made by subsection (1), omit the following—(a) section 11(5) of the Firearms Act 1968;(b) section 16 of the Firearms (Amendment) Act 1988.”
Lord Kennedy of Southwark
My Lords, Amendment 173, moved by the noble Baroness, Lady Deech, adds to the general duties of licensing authorities a duty of securing accessibility for disabled persons. The noble Baroness raises an important issue; we debated the matter under another amendment, which sought to add in the provisions of the Equality Act in Committee.
It is right to say that people running licensed premises should do much more to ensure that the premises are accessible by disabled people, so that they can go out with their friends and family and enjoy themselves on those premises. It is right that disabled people are able to get access to those premises. When the Minister responds to the debate we may hear that there are general duties under the Equality Act 2010 in force already and that adding a specific amendment does not add anything to the statutory requirements already in force, as noble Lords have said. I hope that we can get a very careful explanation of why that is the case. The Government have a general duty to ensure that the law is properly applied, so I hope that they will use this opportunity to say clearly how they can ensure that that actually happens.
The problem often is whether licensed premises owners fully understand what their obligations are—or, if they do understand, whether they do anything to make those reasonable adjustments. We need to have a very careful explanation from the Minister in response to the debate, because we have the whole issue of the guidance, what review mechanisms are in place, and how the Government are going to ensure that the mainstream access to buildings to which the noble Baroness, Lady Deech, referred actually happens.
Baroness Williams of Trafford
My Lords, I thank the noble Baronesses, Lady Deech and Lady Thomas of Winchester, not only for their powerful speeches in this debate but for taking the time to speak with me over the past few weeks on the subject of this amendment. I also commend my noble friend Lord Shinkwin for the sheer quality of his speech and everyone who has spoken in this debate for their persistence in seeking to secure the rights of disabled people.
I am very sympathetic to the issues that have been raised on this matter. Licensed premises such as pubs, restaurants, theatres and cinemas are places where many of us choose to socialise and are therefore an important part of our daily lives. Too many of these venues are difficult for disabled people to access. The same is true of other, non-licensed businesses, too. The issue before us is whether we should use the regulatory framework provided for in the Licensing Act 2003 as a mechanism to enforce the provisions of a quite separate piece of legislation.
The noble Baroness, Lady Deech, and others have answered this question in the affirmative, arguing that it should not be left to disabled people denied access to licensed premises to have to fight on their own to secure their rights. The contrary argument, which I set out in Committee, is that this amendment is seeking to skew the regulatory regime in the 2003 Act and use it for a purpose for which it was never intended. The amendment potentially puts us on to a slippery slope. If we can use the 2003 Act to enforce the obligations placed on businesses by other enactments, where does this stop? Are licensing authorities then to be charged with, for example, ensuring that pubs and restaurants are paying the minimum wage or complying with other aspects of employment law?
While it could be argued that the particular challenges faced by disabled people make this amendment a special case, we should not seek to downplay the fact that there will be a cost to business. I accept that the amendment does not place any new direct obligations on licensed premises as a class of business, as they are already subject to the requirement to make reasonable adjustments. However, if we are expecting licensing authorities to act as an enforcement agency in this regard, there will unavoidably be a cost to them in discharging this new function. As the cost of the licensing system properly falls on licensees rather than the council tax payer, consequently any increase in costs for licensing authorities will need to be passed on through increased licensing fees. We must take this into account when considering the amendment.
I have heard the powerful voices expressed in the debate here today. I cannot ignore the strength of feeling in your Lordships’ House. I believe that there is scope for compromise around possible amendments to the Licensing Act, which would work with the grain of the existing licensing regime. I cannot say more at this stage, as there is further work to do to scope such a possible compromise, but nor can I give the noble Baroness, Lady Deech, any undertaking today that I will be able to bring forward a government amendment at Third Reading. I hope, however, that the noble Baroness will agree to move forward on the basis of the preliminary discussions that we have had earlier this afternoon and, if not, perhaps we should come to a decision on her amendment today.
Baroness Deech
My Lords, I know that the Minister is sympathetic, but I still find the arguments unpersuasive. The Licensing Act is already used to enforce other Acts, for example, about children. If there is a cost to business, or a cost that is going to be passed on, are we to say that we can never make improvements for disabled people because it might cost somebody something? That simply will not do. I believe the Minister is suggesting that any amendment that the Government may bring forward would not remove the burden from disabled people but require them to make representations, make phone calls and use the internet to fill in forms and so on—when we know very well that even if you are able, trying to deal with local authorities on this sort of thing can be a nightmare. I am simply saying that access for disabled people—and, as the noble Baroness said, for the elderly, which is all of us eventually if not already—should be mainstreamed.
All parties in this House, some more than others, claim to have as their raison d’être improving the life of the disadvantaged and the vulnerable. To refuse to do this when presented with a straightforward, effective amendment is incomprehensible to me and goes against what I believe this House stands for. The amendment would make adjustments anticipatory and remove the onus from disabled persons. I do not believe that any compromise that the Minister might offer, well-disposed though she is—I know that she spent a lot of time on this—would meet that bill. Given the mission of this House, I do not think that we should talk the talk; I think that we should walk the walk. On that note, I wish to test the opinion of the House.
Lord Rosser
Unfortunately, I was not able to get to the meeting that was organised yesterday but, bearing in mind that previously the Government’s stance has been not to go down the road of these amendments, it would be of some use if the Minister made it clear whether or not, in the light of what has been said in the debate, they are going to take any note of what does or does not emerge from what has happened in Scotland, which has already reduced the limit, and whether the Government themselves are going to initiate some sort of investigation into what the impact has been in Scotland. I think the Government’s argument has been that any change should be based on hard evidence. That is one obvious source of hard evidence. It would be a bit disappointing if there was any indication by the Government that they are not actually going to pay very much notice to what does or does not happen in Scotland as a result of the reduction in the limit.
Baroness Williams of Trafford
My Lords, I thank my noble friend Lady Berridge for explaining the reasoning behind these amendments. I thank her and other noble Lords who came to the meeting yesterday and the one that I held—it seems like a few weeks ago, but it was probably about one week ago. I thank them for being so engaged in this issue.
Amendments 174 and 175 look to lower the drink-driving limit in England and Wales from 80 milligrams to 50 milligrams of alcohol per 100 millilitres of blood, and further to 20 milligrams for novice and probationary drivers. In responding to these amendments, I start by posing a question: what does the number 80 mean to noble Lords or, indeed, anyone who enjoys a drink? Can any noble Lord in this Chamber effortlessly equate it to pints of beer or glasses of wine, taking into account metabolic rate, age, weight and what one has eaten for lunch? I suggest that it is unlikely. Instead, I would like to think that noble Lords in the Chamber today are sensible enough to drink very little, or indeed nothing at all, before driving. Noble Lords and most of society are part of the silent, self-regulating majority that makes our roads in Britain among the safest in the world.
However, the evidence shows that it is precisely such individuals that these amendments would affect. Those unlikely to commit a drink-driving offence in the first place would be put off drinking at all. Meanwhile, no evidence exists to support the notion that reducing the limit would have any deterrent effect whatever on the most dangerous group of individuals. The noble Lord, Lord Brooke of Alverthorpe, alluded to the sick and selfish types—the high-level frequent offenders who flout the current limit and would pay little regard to a new one.
The fact is that the pattern of alcohol levels in drivers is practically the same in most countries, irrespective of their limits, and our police resources are not limitless. If we stretch enforcement activity over a wider cohort of drivers, we will effectively lower the chance of the most dangerous being caught and taken off our roads. I therefore suggest that a lower limit is likely to be counterproductive. Evidence showed that this is exactly what happened in the Republic of Ireland, where the death rate on the roads increased by about 17% when the limit was reduced several years ago. The number of drink-drive arrests stayed pretty much the same. Instead, it is the view of the Government that we must prioritise the targeting of the selfish, dangerous minority who cannot be deterred by a change in the law which they are, in any event, totally disregarding.
The drink-driving limit for England and Wales strikes an important balance between safety and personal freedom. By retaining the present limit, we are not criminalising those who drink a small amount a long time before driving; we are pursuing the most dangerous individuals. Meanwhile, our advice remains unchanged: do not take the risk by driving after you have had a drink. I think we all share a common objective of wanting to see a reduction in the number of people killed and injured on our roads as a result of drink-driving. However, I put it to your Lordships that the most effective way to achieve this is not through these amendments but through the continued robust enforcement of the current law.
In response to my noble friend Lady Berridge and the noble Lord, Lord Rosser, we will review any new evidence that may emerge, including in relation to the change in the law in Scotland. We will naturally be interested in any reports produced by the Scottish Government or Police Scotland, or any other independent research. For the reasons I have set out, we remain unpersuaded of the case for changing the current drink-driving limit. We will, however, continue to look with interest at any new data or information emerging from Scotland. On that basis, I hope that my noble friend will withdraw her amendment.
Baroness Berridge
My Lords, I am grateful to noble Lords who supported this amendment and particularly to the noble Lord, Lord Paddick, for pointing out that this is an increasing problem, proportionately, within the number of deaths on our roads. I was not surprised to hear my noble friend the Minister refer to the enforcement point on which the Government rely in this matter. We must pay tribute to our police but the Police Federation supports a reduction in the alcohol limit. If that were the main solution and there would be no effect from this amendment, I do not think that the police would be asking for a reduction in the limit.
I was disappointed that my noble friend did not take on board the point that 60% of these accidents involve young people—I think that it rises to 80% in rural areas. These are not the selfish and dangerous drivers. Interpretation of the evidence is that this provision would have an effect, as the noble Baroness, Lady Hollins, outlined. We will always be left with a rump of people who disregard the law completely but the NICE study on this outlined that changing the limit down to 50 milligrams, or any change, would affect behaviour across the board.
I have to join with other noble Lords in saying that I am grateful to my noble friend the Minister for outlining that the advice is still, “Don’t take the risk—don’t drink and drive”, because it was not what was outlined in the Daily Mail today, where the message was actually quite disturbing. I am also disturbed that my noble friend has not been able to outline any other action to try to reduce this trajectory of deaths, which has flat-lined at 240 a year for five years. No other solution is being put forward by the Government to say what they will do to trigger a decline in those deaths.