Road Traffic Offences: Fatal Collisions

Debate between Ben Bradshaw and Andrew Stephenson

Monday 15th November 2021 Westminster Hall

[Andrew Stephenson]

That is something that the Department has been looking at, and that Baroness Vere, the Roads Minister, has been talking to families about. We are keen to see more evidence on the reasons behind failures to stop and report such serious incidents. As I have said, it is clear that the majority of incidents that are treated as a failure to stop and report are low-level motoring incidents; however, we need to gain more evidence on the most serious cases.

In some of the cases cited today, drivers said that they felt they hit a fox or a deer. Various other people panicked. A range of justifications have been used. Whether they are true justifications or not, it is important that we understand the situation more. The University of Leicester carried out some research in 2017 on behalf of the Motor Insurers’ Bureau, but we have to build the evidence base to ensure that whatever we do to reform the offences does not have unintended consequences, but strengthens the law and gets families the justice that they deserve.

Linking death or serious injury with a failure to stop as a cause, however well intentioned, could risk creating an unfairly severe offence. The law already imposes severe penalties for vehicle owners who cause death or serious injury, but a clear causal link needs to be provided between the driver’s behaviour and the outcome. The proposals in the e-petitions essentially equate the seriousness of a failure to stop with culpability for causing death or injury. I repeat that that would create serious anomalies with other offences, which could result in potential injustices.

I want to be clear, however, that the Government are not dismissing the concerns that have been raised. We are aware of the traumatic effects of such incidents, which we have heard so eloquently expressed by Members from all parties today. We agree that there might be something wrong with the law as it stands; it may not be working as well as it should in this area. I am sure that right hon. and hon. Members will appreciate from what I have already said that this is a very complex area, and any change in the law should fit within the current driving offence framework. Officials from my Department have been exploring options that could be pursued in this area. They include, but are not limited to: the available penalties; how the offence operates; how the offence is dealt with in the sentencing guidance; and the potential for a new offence as part of a longer term and wider approach to road safety. I am sure that officials will consider the points raised by Members from across the House in the debate today as part of their considerations of that offence. As the next step, the Department is considering conducting a call for evidence on parts of the Road Traffic Act. Although details are still being worked on, I expect this will include failures to stop and report as an offence.

[Mr Bradshaw]

Could the Minister possibly address the question of where the full review of offences and penalties has reached? Is that what he was talking about? He seems to be suggesting a call for evidence on just a few areas, but we were promised a full review. Could he also say something about the use of exemptions to get off bans; is that involved in this call for evidence? It is an egregious problem.

[Andrew Stephenson]

As the right hon. Gentleman said, the Government committed to carry out this review of road traffic offences in 2014. A review of the most serious offences was carried out in 2017; the outcome of that review has fed into the measures that we are bringing forward as part of the police, crime, sentencing and courts Bill that was referred to by a number of hon. Members. Baroness Vere is looking at that and seeing how we could potentially go further. The further call for evidence would seek to build on the measures that we have already identified, and are bringing forward as part of the Bill—that would be in addition to the steps we have already taken.

I thank right hon. and hon. Members for what they have said; their contributions are being listened to by officials in the Department for Transport and across Government. This is an area that we have to get right. I especially pay tribute to the families who have come here and taken the time to share their stories with right hon. and hon. Members.