EU Migrants: National Insurance Numbers

Debate between Chris Heaton-Harris and James Brokenshire

Thursday 12th May 2016 Commons Chamber

[James Brokenshire]

I certainly would not want to end up in detention, so I shall try to be as brief as I can in my answer. Let me direct my hon. Friend to the report, as it says that short-term migration to the UK

“largely accounts for the recent differences”

on the number of long-term migrants and that the international passenger survey is the “best source of information”. Clearly, we care about pressure on public services, which is why I have consistently made the point during this urgent question about the continued reforms that the Government are making to control migration.

[Chris Heaton-Harris (Daventry) (Con)]

That last question warranted not a detention but a gold star. I am a great believer that the waves of migration that our country has had have been unbelievably beneficial for the country I am proud to represent in this place. However, I am disappointed with the Government, because on 10 March I asked for these numbers to be released and yet for some reason, through the cloak and daggers and smoke-filled rooms behind different Ministries, these supposedly benign figures could not be released at that point. Why was that?

[James Brokenshire]

A clear amount of detailed work has been conducted by the ONS to produce today’s report, drawing together different information from the Department for Work and Pensions, Her Majesty’s Revenue and Customs and its own assessment. I hope my hon. Friend will recognise that the report comes independently from the ONS, in order to give that assurance and clarity, which I think it does give.

Dublin System: Asylum

Debate between Chris Heaton-Harris and James Brokenshire

Wednesday 4th May 2016 Commons Chamber

[James Brokenshire]

On the status quo, the Commission has said explicitly that we can continue to uphold and operate the existing Dublin arrangements if we decide not to opt in to the new measures published today. That assurance is important. Clearly, we will continue to work to support other EU partners, to ensure that those who claim asylum on their shores are able to do so effectively. Our expert support is precisely in tune with that.

[Chris Heaton-Harris (Daventry) (Con)]

Part of the plan announced today is a proposal that European countries that refuse to give shelter to refugees could be forced to pay into the coffers of countries that do take them. We have the temporary opt-out on this at present, but will the Minister state that that opt-out is absolutely guaranteed and is one that we will not consider reneging on? Will he also publish the legal advice he has been given on the legal basis for that proposal?

[James Brokenshire]

I say to my hon. Friend that I am not referring to some temporary opt-out. Our ability to opt-in to measures on justice and home affairs matters is one of the basic principles of the treaty. I know he understands and recognises that. It is the basis upon which I have made my points to the House this afternoon.

Oral Answers to Questions

Debate between Chris Heaton-Harris and James Brokenshire

Monday 11th January 2016 Commons Chamber

[Chris Heaton-Harris (Daventry) (Con)]

3. What steps the Government are taking to prevent abuse of the immigration system.

[The Minister for Immigration (James Brokenshire)]

The Immigration Act 2014 and related changes have expedited the removal of more than 2,000 foreign national offenders from this country and stopped illegal migrants from having access to services such as bank accounts, driving licences and rented accommodation. The Immigration Bill will go further, enabling the seizure of earnings from illegal workers, further penalising rogue employers and extending the deport first, appeal later principle to more cases.

[James Brokenshire]

My hon. Friend is right to highlight the issues surrounding right to rent, which we intend to roll out nationally next month. It is a matter of ensuring that property is available only to those with a right to be in this country. We undertook an assessment of the first phase of the scheme in the west midlands. That found that the scheme was operating as intended, which is why we are now rolling it out further.

[Chris Heaton-Harris]

Can the Minister outline the steps the Government are taking to root out the problem of illegal working in economic sectors where skills shortages are pronounced, such as the construction and care industries?

[James Brokenshire]

We are certainly looking at several employment sectors that may face such risks, such as construction and care, to which my hon. Friend refers. I have had meetings with representatives from those industries and others to see what further steps can be taken to prevent that from happening, and making sure that employers have adequate awareness of the steps that they can take. We have doubled the maximum penalty for employing an illegal worker to £20,000, and through the new Immigration Bill we intend to tighten those restrictions even further and make it easier to prosecute rogue employers.

Drugs (Roadside Testing) Bill

Debate between Chris Heaton-Harris and James Brokenshire

Friday 10th June 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I should like to join other hon. Members in congratulating His Royal Highness the Duke of Edinburgh on his 90th birthday today. He has been a great servant of our country over an extended period, and we all wish him well today.

I commend the commitment of my hon. Friend the Member for Christchurch (Mr Chope) to the cause of road safety. He said that he had had a genuine interest in these matters for a long time—in fact, since he was a Minister with responsibility for road safety. I understand his commitment to the underlying issues, and his view that we need to treat the matter extremely carefully. We have heard today about the appalling tragedies that can arise as a consequence of drug-impaired driving. I also understand his reasons for introducing the Bill. However, I do not think that it is necessary, or the best way to proceed, and I hope that I will be able to persuade him and the House of that.

This has been a good debate on the important issue of drug testing and road safety. The debate has been good natured and there is a great deal of agreement across the House. I greatly welcome the comments of the hon. Member for Eltham (Clive Efford), speaking for the Opposition and recognising some of the challenges and complexities that have developed over time.

It has also been a humorous debate in many ways, drawing together references to druids and Coleridge. Although we have had lots of references to impairment in the debate, there has been no impairment in the contributions, although I could not see from my place on the Front Bench whether my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) was delivering his speech while standing on one leg. I think I can safely say, however, that if my hon. Friend the Member for Bury North (Mr Nuttall) had attempted to do that, he would probably have required some medical attention, as it would have been quite a feat.

It has also been a full and well-informed debate. I pay tribute to my hon. Friend the Member for Christchurch for bringing this matter to our attention through his Bill. I certainly understand the frustration that he and other Members have underlined in respect of equipment for drug testing—whether at the roadside or in police stations—being brought forward. I will explain the steps that the Government have taken and where we are now in making progress on the issue.

It would be remiss of me not to underline the huge tragedies that these incidents can bring—the very personal cases that Members have brought to our attention today. We need to view the issue in that broader context. I think it was my hon. Friend the Member for Bury North—and also my hon. Friend the Member for Daventry (Chris Heaton-Harris)—who highlighted the impact of these incidents on young people. I can certainly think of many good local projects that involve working with young people to highlight the dangers of drug-driving and drink-driving and the importance of responsible driving, by which I mean not driving too fast, in the knowledge that young lives have literally been cut short as a consequence of some of these appalling incidents.

Drawing together the work of the medical profession, Highways Agency staff who keep our highways safe and the police, it is possible to go into schools and focus on prevention through hard-hitting messages. I have sat through some hard-hitting presentations myself and know that the victims of incidents are sometimes involved, which can make for powerful road safety messages for our young people and help to prevent these appalling tragedies. The breadth of our debate has been useful in that context.

[Chris Heaton-Harris]

My hon. Friend is quite right to highlight the organisations that tour around the country, teaching young people road safety and, indeed, the impact and consequences in the justice system of breaking the law. Has he heard of the “Prison? Me? No Way!” scheme? It involves crashing a car in school and calling the emergency services to cut people out; the magistrates sometimes come in to go through the legal process and prison guards may be on site, turning the classroom into a prison. It takes school kids through the whole thing. It is a fantastic scheme that has gone ahead in the whole of Northamptonshire and many midlands schools. It is exactly the sort of thing that improves people’s knowledge in this regard.

[James Brokenshire]

I am not aware of that specific scheme that operates in Northamptonshire and the midlands, but I am familiar with a number of innovative locally developed programmes that bring various agencies and organisations together to send out preventive messages about drug-driving, drink-driving and speed. I remember spending an afternoon watching one of those presentations and seeing some of the hard-hitting images. I saw a victim in a wheelchair and the lifelong impact that being involved in a road accident had had on him. The impact that that real-life context had on the young people who received that presentation was palpable. To get across road safety messages to young people, we should look at the broader context and underline the real-life consequences of thoughtlessness in relation to those who might be in the car or vehicle with them on the road.

Clearly, road deaths are a tragedy, and road traffic collisions are the leading cause of death for young adults aged 15 to 24. They account for more than a quarter of deaths in the 15 to 19 age group. Injuries caused in such collisions lead to suffering and distress, and can result in a serious lessening in quality of life. It is not only the victims who suffer, but their partners, children, families, friends and all those associated with them.

There is also a serious detrimental impact on the emergency services, on health costs, on economic output, and on the roads. It is estimated that preventing all collisions could benefit the economy by £16 billion a year. Insurance payouts for motoring claims alone are now more than £12 billion a year. That is why I say clearly to my hon. Friend the Member for Christchurch, who implied that there was a financial reason why measures had not been advanced more speedily, that that is absolutely not the case. Given the costs to society arising from such incidents, we need to move forward as quickly as possible to deliver on road safety and drug-driving. As the many contributions to the debate have highlighted, there are levels of complexity, and there are issues that need care and attention. Even so, we should get on with this and ensure that the relevant “drugalysers” are available in police stations and, thereafter, on our roads. There are, however, some complex issues and dilemmas in relation to how that will fit into the context of the existing law and in relation to appropriate changes to the law to make arrangements more robust.

Road deaths are not all a result of drug-driving—we do not know the level of drug-driving. A survey of a sample of victims of fatal road crashes between 1996 and 2000 showed traces of drugs in 18% of drivers—six times more than a survey 10 years earlier. Hon. Members who read their newspapers this morning may have read a survey by the insurer Direct Line, which highlights the potential scale of the problem. We are in no doubt about the seriousness of the issue and the need for it to be addressed effectively and appropriately.

Nevertheless, we can say that more than half of road deaths are associated with one or more of the following: driving while impaired by drugs; drink-driving; speeding; careless or dangerous driving; and driving while distracted and not wearing a seat belt. Drug-driving is a serious problem that we as a Government must address. We will address all bad driving behaviour, not just speeding, as sometimes appeared to happen in the recent past. Drug-driving, like drink-driving, is something to which we want to give particular attention.

As has been mentioned by my hon. Friend the Member for Bury North and others, we set out our plans in the Government response to Sir Peter North’s report on drink and drug-driving law and to the related recommendations of the Transport Committee. Last month they were included in the Department for Transport’s new strategic framework for road safety. We agree, in principle, with the main thrust of the 23 recommendations in the North report. The steps recommended are

“to approve preliminary testing equipment which can be procured by police forces for use initially in police stations, and later at the roadside; to implement other measures to make the law against drug-driving work more effectively; to continue research into equipment which could be approved for the police to test for these substances; on the basis of this work, to examine the case for a new specific offence—alongside the existing one—which would relieve the need for the police to prove impairment case-by-case where a specified drug had been detected.”

The report proposed that

“priority should be given to type approval for, and supply to police stations of, preliminary drug testing devices… type approval ought in the first instance to focus on devices capable of detection of those drugs or categories of drugs which are the most prevalent, including amongst drivers, recognising that more than one device may be needed to cover the whole range.”

There has been discussion of both the nature of the drugs involved and the interrelationship between different drugs. Drugs are often not taken in isolation. They may be taken along with other substances, including other drugs. The concept of polysubstance, or multiple-substance, drug abuse is well known. The science and technology that can provide meaningful, reliable readings in the context of different substances taken together are not entirely straightforward. The need to assure those in the criminal justice system and those who may be required to take tests that neither false positives nor false negatives are being created, with all the consequences that that may involve, has informed the careful approach that has been taken.

Our priority is to deter people from driving when impaired by a drug, and to ensure that those who persist in such dangerous behaviour are detected and punished effectively. Considerable progress has been made in reducing the level of drink-driving, but drug-driving can clearly be just as dangerous, which is why we are anxious to do more work in that regard.

I noted the discussion between my hon. Friends the Members for Stevenage (Stephen McPartland) and for Bury North about the need for clarity on the provisions of the current law. Under section 4 of the Road Traffic Act 1988, it is illegal to drive, attempt to drive or be in charge of a mechanically propelled vehicle when unfit to drive through drink or drugs, whether legal or illegal. The offence is to be unfit, not simply to have a drug in the body. “Unfit” in this context means having, for the time being, an impaired ability to drive properly. Section 6 empowers the police, subject to certain conditions, to conduct at the roadside or at a police station compulsory preliminary or screening tests for impairment and the presence of a drug. If a preliminary test is positive, the police can immediately require the suspect to take a blood test. In the absence of a positive preliminary test, a blood test can only be authorised by a doctor.

While I think it right to engage in broader discussion of whether the law itself should be changed, the availability of equipment enabling the initial test to be conducted can itself make a difference in speeding up the process because the authorisation of a doctor is not required at that stage, thus ensuring that the process can be conducted more efficiently.



I want to clarify the fact that only the evidence from a blood test can be used in a prosecution to support a constable’s opinion that a person was driving while impaired by a drug. People might think that simply having a drug in one’s system creates the offence, but it is attempting to drive while unfit that creates the substantive offence.

The hon. Member for Eltham and my hon. Friend the Member for North East Somerset referred to the field impairment test, which can be persuasive in demonstrating impairment when presented in court, but other evidence can be provided. It is not essential that the impairment test is failed. Other factors can be presented to the court, and ultimately it is for the court to determine, on all the evidence, whether the driving was impaired and whether the person was driving while unfit through drink or drugs. The various elements fit together.

The police can already take a suspected drug-driver to a police station and require him or her to provide an evidential blood specimen. Currently, however, the requirement can be made only if a medical practitioner is called to the police station and advises that the person’s condition may be due to a drug. The availability of an approved device will mean that if a positive reading is obtained, a blood specimen can be taken immediately, potentially by a custody suite nurse, without the need to call out a medical practitioner. Clearly, this will save time and money and, we believe, will be effective in ensuring that more people are brought to justice.

In that context, according to the latest figures I have on drug-driving, 1,598 were convicted of the offence—that is, the impairment offence. If one has more than the prescribed number of milligrams of alcohol in one’s blood, that is the strict liability offence, which my hon. Friend the Member for North East Somerset highlighted. The vast majority of cases are dealt with in that way, although probably many people who fail the drink-driving test have taken drugs as well as alcohol. It is therefore difficult to get specific figures for the conviction of those who have driven illegally, having taken drugs.

The essence of the Bill is that we need to do more. The coalition agreement sets out our commitment to authorising drug-testing technology, which will streamline procedures, for use in tackling drug-driving and we will fulfil that commitment. The analysis will show whether drivers had a drug in their system that might have caused impairment. In a prosecution it will support a police officer’s opinion that a person was driving while impaired by a drug.

In the debate we heard a number of contributions relating to the assessment of the device and the type approval process. Such a device must legally be of a type approved by the Secretary of State, and no devices are yet approved. Drug screeners are already commercially available, but they are designed for other purposes and use in other settings.

Successful use of a testing device—for example, where someone is referred for drug treatment—is not the same as testing to justify an invasive physical procedure for evidence that could support a criminal charge. Use of devices in other countries might be dependent on their different operational powers, requirements and practices, their different laws and legal conditions, and their particular social and political expectations. It is relevant to highlight experience from other countries, but it is also difficult to ascribe direct read-across in the way that perhaps has been suggested, albeit that we should learn from overseas experience.

The concept of type approval for drug screeners is parallel to the long-established type approval of devices used for other traffic law enforcement, such as speed and red light cameras, and breath-alcohol test devices. The primary purpose of type approval and its requirements is to ensure that the approved device is reliable, consistent, precise and accurate. This prevents repeated court challenges on the grounds that the reading allegedly justifying subsequent police action came from a device in which no confidence could be placed. If the level below which a device was not required to detect was raised, for example, some people pharmacologically affected by a drug might not be detected. If a device falsely gave a negative reading, a suspect might be allowed to continue driving, which apart from frustrating the ends of justice could clearly be dangerous. Not letting the suspect go despite a negative reading would be time-consuming and bureaucratic for the police, and might be seen by the suspect as oppressive and give rise, understandably, to complaint. Type approval of devices without requiring them to satisfy a detailed specification with clear standards and rigorous extensive testing, as required for all other type approvals, might be liable to judicial review on the grounds of unfairly favouring current manufacturers and of being irrational. But in saying all of that, I do not use that as an excuse for not getting on with things. I simply seek to set the context of the work that is required.