Criminal Justice and Courts Bill

Debate between Chris Skidmore and Karl Turner

Monday 12th May 2014 Commons Chamber

[Chris Skidmore (Kingswood) (Con)]

You would not be the first person to make that genuine mistake, Madam Deputy Speaker. I entirely forgive you for it, and thank you ever so much for calling me.

I rise to speak in support of new clause 14, and I thank the Minister and the Department for including it in the Bill. It seems like only yesterday when, on 27 January 2013, I received a telephone call and discovered that two of my constituents, Ross and Clare Simons, had been killed that evening while riding a tandem bike down Lower Hanham road in Kingswood. They had been struck by a driver who had been driving, in a police chase, at 70 mph in a 30 mph zone. Obviously, this was devastating for all the families, and when I went to the vigil a week later, I said to Ross’s father, Edwin Simons, that I would do everything in my power as the local Member of Parliament to stand up for the families and for victims. That is what this clause is about: making sure we send out a message that it is unacceptable to cause death by driving while disqualified. For people watching this debate it is simply common sense to say that people who kill through driving while disqualified should never have been in the car in the first place. People wondering why the law has never been toughened up will see that it makes perfect sense to introduce this new clause.

After that fateful day on 27 January 2013, I set up, with the families, the petition “Justice for Ross and Clare”, which called for far tougher penalties for disqualified drivers, especially those who kill by dangerous driving. The perpetrator, Nicholas Lovell, who went to jail, had 69 previous convictions, 11 of which were for driving offences, and he had been disqualified four times. We can only imagine the families’ grief when they found out in court that this person had not only taken away these innocent young lives but done so while he was disqualified. For more than a decade and a half, he had shown a complete disregard for the law.

Our petition gathered 15,000 signatures, and we took it to No.10 Downing street. As part of the campaign, I led the Backbench Business debate on 27 January 2014, which the hon. Member for Hammersmith (Mr Slaughter) mentioned, and 30 Members took part. It was clear then, and a testament to the power of Backbench Business debates, that we had cross-party consensus for changing the law. I also pay tribute to my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) for introducing a ten-minute rule Bill on the matter. I am glad that this discussion is taking place today.

[Karl Turner (Kingston upon Hull East) (Lab)]

I congratulate the hon. Gentleman on the work that he has done in relation to this matter. Does he agree that what we should be doing is punishing people who drive while disqualified per se? The higher-end penalty should be for driving while disqualified. The maximum two years, as I think it is now, should be increased, so that we might avoid at a later stage the terrible incident of death while driving disqualified.

[Chris Skidmore]

The important thing to recognise in new clause 14 is that it sends out a message and hope for future legislation. When I first began the campaign, many families were fairly sceptical that there would be any change, particularly this side of the general election. There was a concern that politicians would sit on their hands and not do anything. By passing this new clause we would be opening up future debate. I have great sympathy with new clause 22, but I have not had the time to study the implications of it in detail. If that could be part of the overall review that is taking place, I would absolutely welcome that.

When considering this review, I want to make a pitch for the families of Ross and Clare Simons that we look again at causing death by dangerous driving while disqualified. At the moment, the crime is just death by driving. Nicholas Lovell, who killed Ross and Clare Simons, was given the maximum sentence of 14 years—it is one of the only times that such a sentence has been delivered by the judge. As Lovell pleaded guilty, he was given 10 years and six months. The judge at the time said that had he the legal power, he would have given out a far tougher sentence. He gave the maximum, but he recognised that, because Lovell had been disqualified, there should have been an additional aggravating factor, or that an additional maximum tariff should have been added to the sentence. I would therefore welcome the review looking at death by dangerous driving while disqualified and upping that sentence.

[Karl Turner]

What the hon. Gentleman is saying, in my respectful submission, is that the judiciary and the courts should have more discretion over sentencing. New clause 22 does just that, does it not?

[Chris Skidmore]

We need to look again at the maximum tariff for causing death by dangerous driving while disqualified. The judge at the time wished for that power. I do not know the precise implications, which is why we need a review in the round. We need uniformity across the piece. One thing I realised from the Backbench Business debate was that I was not alone; the families were not alone. We heard about some of the awfully brief sentences that had been handed out, and the unequal nature of those sentences. It is very hard for a grieving family to find out that, in what seems to be an almost identical case, the sentence handed out in one area is entirely different from that handed out in another area. I would like to ensure that we put in place a rigid framework. Obviously, judges should have discretion as well, but victims need to understand—I am not a lawyer and I struggle at times to follow the complicated processes of the law—that if someone is disqualified, they should not be in a car in the first place; that is common sense. Nicholas Lovell should never have been in that car when he ploughed into Ross and Clare Simons’s tandem. It is for those families that new clause 14 has been introduced. For me and for the local families, it is Ross and Clare’s law.