Christopher Chope
Main Page: Christopher Chope (Conservative - Christchurch)Department Debates - View all Christopher Chope's debates with the Home Office
(12 years, 11 months ago)
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Mr Christopher Chope (Christchurch) (Con)
I beg to move, That the Bill be now read a Second time.
Before I speak to my Bill, may I, on behalf of the whole House and my constituents, congratulate His Royal Highness Prince Philip, the Duke of Edinburgh, on his 90th birthday today?
My Bill, which I hope will receive a Second Reading today, is part of an iterative process to try to maintain pressure on the Government to take seriously the issue of drug-driving. They talk the talk—I refer to both the present and the previous Government—but they have not delivered on the action. Since I was a Minister with responsibility for road safety and then a shadow Transport Minister, I have taken a deep interest in the subject of trying to get evidence to ensure that people are deterred, detected and punished if they are guilty of driving with drugs in their body.
There have been some horrific fatal accidents and accidents causing serious injury. I remember one on the A31 in my constituency, in which a young student was killed in a head-on crash because a lorry driver was on the wrong side of the road, having gone to sleep after taking a lot of amphetamines. There is a real problem here, as the Government accept. As recently as last Sunday, the Minister with responsibility for roads, the Under-Secretary of State for Transport, my hon. Friend the Member for Hemel Hempstead (Mike Penning), produced an article saying that it was essential to get to grips with the issue. My concern is that unless or until the Government enable roadside drug testing to take place, we will never get to grips with the issue.
Back in 2003 I served on the Standing Committee on the Railways and Transport Safety Bill, which was enacted that year. That Bill included provisions to alter the road traffic legislation to allow a roadside drug test of people suspected of having drugs in their system. The test was to show not whether they were impaired by drugs, but whether they had drugs in their system. We were told then that the technology existed and that in due course the test would be available. It was spelled out in the Bill, however, that Home Office type approval was necessary.
That was back in 2003, and not only do we still not have Home Office type approval for a roadside drug- testing device, but the Home Office has not yet even been able to draw up a specification against which type approval might be given. Until a specification is drawn up, it is not possible for the experts in the field to submit their ideas. The best the Government can do is say that they have agreed a specification and type approval for a testing device which could be retained in police stations. That is something, but it is not the answer to the problem. It means that the police will have to have grounds for arresting somebody at the roadside before taking them to the police station. One can assume that relatively few people will be taken to the police station because of the difficulty of establishing at the roadside a reasonable suspicion that a driver has drugs in his system.
Why can we not have a system of roadside drug-testing devices? The irony—it is so sad—is that in this country we are trying to achieve an export-led manufacturing recovery for our economy. It is British experts and British manufacturers who are the key players in the technology. A firm called Concateno is already exporting devices to enable roadside drug testing to take place. It is exporting them all over the world. Various countries, including Finland, Croatia, Canada, Australia and New Zealand, have introduced legislation to enable roadside testing for drugs to take place, often utilising the very same devices produced by Concateno. Even more ironically, these drug-screening devices are used by the police forces themselves to screen police recruits to see whether they have drugs in their system. They are also used by the Ministry of Justice in the Prison Service and by quite a lot of schools, where pupils who have been caught with cannabis or other drugs are put on a drug abstinence regime which is then reinforced by these screening devices. These devices are therefore widely used.
Mr David Nuttall (Bury North) (Con)
Does my hon. Friend agree that it is rather strange that the police, and by implication the Home Office, should have sufficient confidence in these devices to use them to test members of the police force, and yet they apparently do not have enough confidence in them to test drivers at the roadside?
Mr Chope
My hon. Friend makes a very good point. When presented with such evidence, one has to question the motives. Why has the Home Office been so slow in coming forward with a specification against which it might be able to give type approval for these devices? It may be because it knows that were there to be such roadside testing, there would be a lot more work for the police to do, because many drivers have drugs in their system and if they were detected by such screening devices at the roadside following an accident, the whole process of law would come into play and many of them would end up with a conviction. We know that there is a cost associated with that, and I suspect that behind all this delay is a reluctance by the Home Office to open up a Pandora’s box of increased detection of offences and increased burden on the court system, and ultimately, perhaps, increased numbers of people in prison.
What could be happening? Funnily enough, on Wednesday of this week there was a short post from the Australian Broadcasting Corporation from the Limestone Coast police in South Australia, which said:
“Statistics released by Limestone Coast police have shown significantly more people are being caught driving under the influence of drugs, than under the influence of alcohol. Superintendent Trevor Twilley says 6 per cent of people tested for drug driving are coming back with positive results, while less than half a per cent are returning positive results for alcohol.”
That is a direct consequence of the state of South Australia equipping its police with the technology and the means to do roadside drug tests. It is relatively new in South Australia but it is already having a major impact. If it can be done in South Australia, why can we not do it here, and now?
My Bill, like previous Bills along the same lines, says that a type approval for this drug-testing device must be in place within 12 months. My original Bill, introduced under the ten-minute procedure in April 2007, had the exclusive support of those who were at that time Opposition Members. Among those who supported that and subsequent Bills are a number of distinguished Members of the House. The Bill that I introduced in December 2007, which was identical to my ten-minute rule Bill, was supported by none other than my right hon. Friend the Leader of House, who I am delighted to see in his place today, and also by four colleagues who are now Select Committee Chairmen, and one colleague who is now a Deputy Speaker of this House, as well as, of course, what might be described as the more usual suspects, my hon. Friends the Members for Wellingborough (Mr Bone) and for Shipley (Philip Davies). The legislation thus had a wide range of support, and that was back in 2007. The Bill then said that the type approval should be produced within one year. My right hon. Friend was obviously keen that that should happen. He is now in a very powerful position in the Government—arguably even more powerful than the Under-Secretary of State for the Home Department, my hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire), who will reply to the debate.
Why cannot the Government, with the support of the Leader of House and that of the Minister with responsibility for roads, who was also a signatory to one of my Bills in identical terms on this subject, deliver on this reasonable proposition that we should have type approval for a roadside drug-testing piece of equipment? I am sure that it would result in far fewer people driving on our roads under the influence of drugs or with drugs in their system. Far too few people are being brought to justice at the moment, so people think they can drive with drugs in their system with impunity. It is relatively rare that the courts are asked to deal with people who are guilty of drug-driving, because it is quite hard to detect at the moment.
One of the most famous recent cases was reported on 14 September 2010 when somebody called George Michael was jailed for eight weeks for drug-driving. He crashed his car while under the influence of cannabis and was given a five-year driving ban. He had also been guilty of driving under the influence of drugs on a previous occasion. I am not sure what Members of the House will think about the sentence that was imposed, but it shows that this illegal activity of drug-driving is taking place in this country, and the police themselves suggest that it is much more widespread than has so far been recognised by the Government.
We have had any number of Government initiatives promising to clamp down on drug-driving and have a publicity campaign about it. Even this week, in the Mail Online, there is an article similar to that in The Sunday Times to which I have already referred, saying that the Minister is determined to do something about it. All he has to do, if he really has the will, is to go to Concateno and ask what type approval would be needed to ensure that we can have a roadside testing device. Concateno would be able to give him that information relatively easily and the specification could be drawn up and the testing device given type approval sooner rather than later.
In the Government’s most recent road safety programme, they refer to this issue but only in the most general terms. Even the target that was set as recently as March, that the type approval for the device that would be used in police stations would be completed, has not yet been met. It was said that it would done by the end of April, but we are now in June and it still has not been completed. I hope that my hon. Friend the Minister will be candid in explaining the reasons. For one reason or another, we have still not got the type approval that we need for both the roadside testing device and the testing device to be used in police stations. Until we get that we will not have an effective regime for dealing with the scourge of drug-driving.
The principle that Ministers should apply is this: where there is a will, there is a way. If the ministerial team has the will to do something about this and is prepared to override the block in the Home Office, particularly in its scientific branch, they will be able to deal with this. I think that it is an indictment of the Home Office’s scientific branch that, despite all its expertise, it is still unable to come up with the type approval specification.
Jacob Rees-Mogg (North East Somerset) (Con)
Is the Home Office not right to be cautious about approving a device that could lead to someone getting a criminal sentence, and possibly going to jail if the accident is serious enough? On this occasion, delay may be wise and prudential, rather than the folly of bureaucracy.
Mr Chope
My hon. Friend is certainly right that it is absolutely vital that the devices used in police stations to provide conclusive evidence that a person has drugs in their system are 100% accurate. We are on the threshold of having type approval for such devices. I am dealing with screening devices that could be used at the roadside and that are comparable to the devices used to identify those suspected of drink-driving. Those screening devices, which people have to blow into through a tube, indicate prima facie whether there is excess alcohol in the system. It might turn out that those people, even if they have a positive breath test, are found not to test positive when they get down to the police station and a blood sample is taken. The device is a screening device. It enables the police, following road traffic accidents or offences, to screen people they suspect of having alcohol in their system. I am suggesting that we urgently need a similar system for people who are suspected of having drugs in their system.
Jacob Rees-Mogg
I thank my hon. Friend for giving way again. Press reports are saying that the screening devices used for drug-driving will be made evidential in and of themselves, without a second test back at the police station. Would it not be rather peculiar to have two different standards for roadside testing, one that had to be checked at the police station and one that had become evidential in itself?
Mr Chope
My hon. Friend is right, but he has read reports that these roadside devices will be used to provide evidence of guilt in themselves. As a lawyer, not to mention as a politician, I would be rather concerned about that, because I think that trying to streamline the processes in such a way could lead to an enormous amount of injustice. On the most recent sitting Friday we heard that quite a lot of criminal records are inaccurate. If the criminal records are inaccurate, how can we be sure that a roadside device for indentifying whether someone has excess alcohol in their system will be 100% accurate?
In response to my hon. Friend’s reasonable concerns, I would argue that we should keep the existing system for detecting alcohol, which has proved successful and resulted in a significant reduction in the number of people driving with excess alcohol in their system. We should keep the system of a roadside test and apply the same screening principle to people suspected of having taken drugs or whose driving is impaired as a result. We should then ensure that there is a cast-iron, rigorous system at the police station for ensuring the accuracy of those tests.
Andrew Bingham (High Peak) (Con)
My hon. Friend is making a compelling case and I agree with much of what he says. We hear of the dangers of passive smoking, so if a person has been in the presence of someone smoking cannabis and has ingested the fumes passively, might that not show up in some tests? Can we be assured that someone would not be found to have taken drugs when there had been a passive intake, rather than a distinct taking of drugs?
Mr Chope
I am afraid that my hon. Friend leaves me speechless, because I know nothing anything about how people can be contaminated by others smoking cannabis and so cannot comment on that. Perhaps he will in due course make a further contribution to the debate and explain a little more of his background knowledge—and how he acquired it. To be candid, I do not know the answer to his point.
Whatever the answer is, it should be within the capabilities of the Home Office’s scientific branch to reach a conclusion within an eight-year time scale, as it has already been working on this for eight years and we are now talking about another two or three years. If all the promises that have been made are treated in the same way in future, we will still be debating this in five, six or seven years’ time. Meanwhile, people will continue to be killed and maimed on our roads as a result of drug-driving. Drug-driving kills or injures people on our roads every week. I know that the Government and the Minister responsible for road safety take the issue seriously. They talk the talk, but can we please ensure that we introduce roadside drug-testing systems sooner rather than later, which means before the end of this year?
Mr Nuttall
My hon. Friend makes an interesting point. As my hon. Friend the Member for Daventry (Chris Heaton-Harris) said, people may think that by taking certain substances they are doing themselves great benefit and putting themselves in a state where it will be easier for them to drive. If they are feeling all pumped up and hyped up after being in a nightclub, they think that taking cannabis might slow them down and get them back on the right track. I would submit that it is very dangerous for anyone to go down that road.
That is cannabis. Secondly, there is cocaine.
Mr Chope
I am glad that my hon. Friend has dealt with cannabis.
It is thought that one of the reasons prison officers are so relaxed about the widespread use of cannabis in prison is that it keeps the prisoners—or inmates, as the politically correct would describe them—in a relaxed state.
Mr Nuttall
That might be so, but the fact is that the use of such drugs is illegal. I hope that one of these devices will be authorised for roadside drug testing in the near future, because it would then be a small step for them to be used in prisons, making it easier to ascertain which of the inmates has had access to illicit drugs.
Mr Nuttall
My hon. Friend makes a good point. Ultimately, however, it will be for the courts to decide, not the police, so I do not think it could be said that we would be living in a police state. The police will put the evidence before the magistrates court or, in appropriate cases, the Crown court, where the jury will weigh up the evidence and decide whether the person is guilty of the offence. Let us stick to what we are talking about, which is driving under the influence of drugs.
Cocaine causes over-confidence and can cause erratic behaviour. After a night out using cocaine, people often report that they feel as though they have flu. Some people, however—I said that different drugs can affect people in different ways—feel sleepy and lack concentration.
My hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) commented that drug taking among young people, particularly in nightclubs, is still very prevalent. One of the principal drugs used in those circumstances is ecstasy. Ecstasy makes the heart beat faster, which can cause a surge of adrenalin and result in a driver feeling over-confident and therefore taking additional risks that could, and do, cause accidents.
LSD can, depending on the individual concerned, appear to speed up or slow down time and movement, making the speed of other vehicles difficult to judge. It can distort colour, sound and objects, and users often see objects that are not there. LSD can cause people to feel panicky and confused—obviously a dangerous state to be in while driving.
Speed makes people feel wide awake and excited. Of course, I refer to speed, the drug, rather than vehicle speed. People who have taken speed find it difficult to sit still and have difficulty sleeping. Someone who has taken speed and has not been able to sleep at the weekend would probably be tired and dangerous on the road. Speed can also make people feel very panicky.
The problem is complicated by the fact that medicinal drugs that are legally prescribed by a qualified medical practitioner can also adversely affect a person’s ability to drive. It is, of course, the responsibility of the driver to ensure that he does not commit an offence when driving under the influence of drugs. Doctors do, however, advise patients of the dangers of the side effects of medication. The Driver and Vehicle Licensing Agency issues advice to general practitioners on the possible effects of a variety of drugs. GPs are advised to assume that the majority of adult patients are actual or potential drivers.
The Medical Commission on Accident Prevention has published a booklet, which is available to all GPs, setting out its views on the commoner conditions that affect one’s fitness to drive safely. The booklet, entitled “The Medical Aspects of Fitness to Drive”, contains chapters on prescribed and illicit medicines and driving. Various suggestions are offered to GPs on the advice that should be given to patients, such as not driving at all until any side effects are known, not driving if feeling unwell, and not combining alcohol with drugs. As will be seen from the cases I refer to later, the combination of alcohol and drugs is sadly all too common in cases of death by dangerous driving. GPs are also advised to warn that stimulants and euphoria-producing drugs may lead to unnecessary risks being taken.
In addition to that advice, the DVLA issues the “At a glance guide to the current medical standards of fitness to drive”, which contains sections on driving while taking medication for psychiatric and cardiovascular disorders. Specific illnesses such as epilepsy and diabetes are also covered. A review of the effects of over-the-counter medicines and the associated potential for unwanted sleepiness was published in 2004.
We should not forget the impact of the internet in this area. The Medicines and Healthcare products Regulatory Agency noted in its evidence to the North review, to which I will refer later, that
“there is an increasing trend of buying prescription only medicines over the Internet.”
Clearly there are dangers that medicines purchased in that way may be misused, because there is no opportunity for an individual to be given advice about the possible dangers and side effects.
Publicity was first given to the problems of driving under the influence of drugs, particularly lawful drugs, by a report published as long ago as April 1995 by the Institute for Human Psychopharmacology, entitled “Drugs other than alcohol and driving in the European Union”. Compared with the research into drink-driving, there was little real understanding of the effects of drugs on one’s ability to drive.
Mr Nuttall
That might be so, but, as I have pointed out, drugs are defined as anything that is an intoxicant, and that includes not just illicit drugs but medicinally approved and prescribed drugs and common drinks such as those containing caffeine and, in extremis, water. Although the focus will be on illegal drugs when the device is eventually brought into use, the producers of the device ought to look at the definition of the word “drug” and produce a device that covers both illicit and medically prescribed drugs, because both are dangerous.
Mr Nuttall
I could not agree more. I am merely drawing the House’s attention to the findings of a particular survey. I do not seek in any way to draw any further conclusion from it, but there is clearly a problem if that survey—and it is only a single survey—is to be believed.
Mr Chope
Is there not an even more important survey, which is the one that shows that half of the young people who admit to driving with drugs in their system say that they would not do so if they thought that there was a possibility of their being subject to roadside testing for the presence of those drugs?
Chris Heaton-Harris (Daventry) (Con)
First, I congratulate my hon. Friend the Member for Christchurch (Mr Chope) on pushing this matter as he has in this debate. I know he has a significant long-term interest in the subject and has been frustrated over a long period of time about the lack of movement in securing the appropriate checks for the roadside detection of drug use. That is why I congratulate him and rise to support him as best I can.
I also obviously welcome the brief comments of my hon. Friend the Member for Bury North (Mr Nuttall), who has demonstrated in some detail his considerable knowledge of this area of policy, with its history and accompanying problems. I am also waiting for the debate on my Onshore Wind Turbines (Proximity of Habitation) Bill, in which I shall tilt at windmills. Perhaps we will reach that fourth debate in the fullness of time, although I am not so sure.
I have followed road safety issues for a number of years—ever since, indeed, the sister of one of my closest school friends was killed by a drink-driver just after I left school at the age of 18. I have toured around many a primary school in my constituency to talk about road safety in general terms. This is another side of the coin: it is not just about making people aware of what they should do when they cross the road, but about ensuring that we protect those who use our roads and those who walk beside them.
Most people in the UK see driving under the influence of drugs as a growing problem and a growing mess. It is one of those areas where, as my hon. Friend the Member for Bury North described, the devil is in the detail. We all agree that we want to get rid of this menace; it is a question of having the appropriate method of detection, being able to stand up in court whatever evidence the police have found and then to secure appropriate convictions. That should act as a deterrent to those who might be considering such a course of action.
The public and the press—and, indeed, most hon. Members—would really like to see some action on this matter. We have heard from my hon. Friend the Member for Bury North about all the problems that the detail brings, but we have had a lot of time to think about it. I flicked through some research in preparation for this debate and thought it was interesting to see how past Governments had tackled the issue. There is cross-party agreement on it, so I refuse to make any party political points; there is little distance between the two main parties’ positions—or among any of the parties, for that matter.
If we go back to 31 May 2005, we find BBC reports saying:
“Police officers could soon be using special hand-held detectors in a roadside crackdown on drug-driving. The machines would be used to test motorists for recreational drugs or tranquillisers—which can seriously affect them—at the wheel.”
We then get to what I guess is the main point:
“The Home Office is expected to release its specifications for a testing device soon”,
which we will find is a common theme of the press releases. It continued:
“In December 2004, police were given new powers to carry out roadside impairment tests on drivers they suspected of being under the influence of drugs. Prior to that drivers could choose to take part in the impairment tests, but refusal became an offence in the same way as failure to provide a breath test.”
Back then, a company was touting its wares in this field, with a device that it claimed could pick up a number of the problem drugs.
Moving to 10 May 2009—we should note that all these dates seem to be around the time of local or other elections; that is not a criticism of Labour, because we have done the same this year ourselves—we see a newspaper article which states:
“Motorists face roadside drug tests under Government plans.”
It is as if it has been lifted from the BBC and rewritten, which is quite odd because normally the BBC lifts its information from other news organisations. This is a report in The Daily Telegraph—[Interruption.] There is no one from the BBC up there in the Press Gallery; they will watch us later! The article goes on:
“The Government is ready to change the law so that any driver can be prosecuted for getting behind the wheel with any illegal drug in their bloodstream. Officers would be issued with so-called ‘drugalyzers’ to enable them to screen motorists for a number of substances including cannabis, ecstasy and cocaine. Should the tests prove positive, the driver would be arrested and taken to the police station for a doctor to take a blood sample”—
and so on and so forth in the process outlined by my hon. Friend the Member for Bury North.
It continued:
“The change in the law would bring Britain into line with a number of countries, including Italy, Romania, Croatia and part of Australia, where roadside testing is already in place.”
Although discussions had started in 2005, it was not until 2009 that the Home Office was talking to a number of companies about a design that could be used by the police in Britain. The article went on:
“Detailed specifications are expected to be drawn up by the Home Office and Forensic Science Service within the next few months”—
of 2009—
“and roadside tests could become a reality in two to five years.”
Two years later, I could turn to yet another press release—but I will not, because Members will guess what it contains.
The public are beginning to get a tiny bit hacked off with politicians. We all know that they are hacked off with us in general—they think that we do not do as much as we should, or as quickly as we should, and that what we do, we do badly. We have great public support for action in this field, and they do not understand why it has taken us so long to move from recognising the problem to having a workable solution out on the streets that helps the police to detect a crime that causes so many accidents.
Chris Heaton-Harris
My hon. Friend is correct: the saga continues. A game of table tennis seems to be going on between the Home Office and the Department for Transport. The public, and I, would like to see some action. Approval should be given for detection devices for use by police officers in testing. They have been developed, and a number of them are in existence. We ought to get our bureaucratic processes sorted out, so that we can have them available for use across the police forces of the United Kingdom.
My hon. Friend the Member for Bury North detailed the Department for Transport’s consultation document on road safety compliance back in November 2008. Produced just a handful of years ago, that paper stated:
“We could explore the viability of creating a new offence to target those who drive after taking illegal drugs—those that are controlled by the Misuse of Drugs Act 1971—which can impair a user’s ability to drive. The public rightly perceive”—
this had already been spotted—
“users of these drugs who drive as a danger to road safety”
and to everybody on the roads. The public wanted action to protect themselves.
People who drive under the influence of drugs increase the number of accidents on our roads, and they increase the cost of insurance for all those drivers who drive innocently and honestly on our streets. As we have heard, the human cost of the accidents that they cause can be massive.
The Labour party issued a consultation, which my hon. Friend the Member for Bury North detailed, and it asked the right questions and got the right answers. Sir Peter North’s consultation was very good and was received well on both sides of the House, although the final report was not published until 16 June 2010. The main recommendations of the North review relating to drug-driving were that police procedures enforcing current drug-driving laws should be improved and that there should be early approval for saliva testing and a device that can do that. Both those recommendations have great cross-party support.
Stephen McPartland
I agree with my hon. Friend’s sentiments. As I have said, I also agree with many of the sentiments in the Bill. My concern is how it will be applied in practice. My real concern is how individuals will use these devices to target specific sections of society and then use that evidence to say that people are under the influence of drugs.
Mr Chope
The Bill would not introduce random testing. At the moment we do not allow random breath testing for alcohol and the Bill would not allow random testing for drugs. It would allow testing where the motorist has either been seen to be committing a road traffic offence, or been driving in a way that has caused the police to believe that he might be driving under the influence of drugs or alcohol.
Stephen McPartland
My hon. Friend makes an important point. I agree with much of what he says, but the key point is that the police can already tell such individuals that they believe they are under the influence of drugs and will test them at the police station. I am not sure many police officers in Hertfordshire would be keen to allow an individual to get back into a vehicle and continue driving if they felt that the individual was sufficiently impaired to stop and question them in the first place. In nine cases out of 10 they would no doubt take them back to the police station and test them.
There is also the issue of costs and road safety. The previous Government and this Government have done a lot to highlight road safety. A number of excellent charities such as Brake are doing everything they can to ensure that people are educated in improving road safety and, for example, are made more aware of the fact that if people drive at 20 mph in a residential area instead of 30 mph, small children will be less likely to be killed. A lot of work has gone into that and I would refute the suggestion that the reason for the delay by parties on both side of the House was cost. The real reason, as the previous Government concluded, is that none of the previous devices have been considered sufficiently reliable to be used for roadside testing.
My hon. Friend the Member for Daventry spoke about specifications, and the Bill seeks to introduce the specification in the next 12 months. If the previous Government concluded that none of the specific kit out there is sufficiently reliable, I am not sure that we should simply say that one of those pieces of equipment should be taken on board within the next 12 months. My fear is that, as my hon. Friend the Member for North East Somerset (Jacob Rees-Mogg) mentioned on more than one occasion, that would endanger innocent people, and delay may not be the result of bureaucracy but of ensuring—
Mr Chope
My hon. Friend refers to the fifth amendment, but he will be aware that there is statute law in the United States stating that there is implied consent on the part of every driver of a motor vehicle. By taking out a driving licence, they are not covered by the fifth amendment, because by implied consent in law they agree to be subject to a test if the police suspect that they have an illegal substance in their body while driving. I am not sure that he is comparing like with like, because a similar statutory regime exists in the United States notwithstanding the fifth amendment.
Jacob Rees-Mogg
My hon. Friend’s intervention is extremely helpful, but we can see how clear America is about understanding the process that is followed, and about what it is doing in relation to people’s constitutional rights. That is what I am highlighting.
If we do what is suggested in the Bill, we have to be aware of the very important principle that is, to some extent, being undermined. It is not necessarily disproportionate to do it, and it may be absolutely essential—I would not begin to say that we should not have the breathalyser and the assumption that if someone refuses a test, they have probably committed an offence anyway. I do not think that is disproportionate, but it is important to be aware of the risk that we are taking with our constitution, and we must ensure that we are very careful if we ever take the idea further. The next time an hon. Member introduces a private Member’s Bill that would do something that looks very good and would improve society, we must consider whether we are doing anything to the constitution that we should be very careful about.
That is another reason for supporting Her Majesty’s Government in this particular area. They are right to be slow and deliberative. The worst thing to do would be to get some fancy bit of kit introduced—made by Philips, as I think was suggested earlier, or perhaps by Samsung Electronics—that comes in, absolutely whizzo, and tests for all drugs but one, or takes just one reading. This “nanogram” thing really makes me suspicious, because it must be easy to find a nanogram from somewhere if that is what one wants to do, or for a nanogram to be stuck in the machine from the last person, who might have come from Gloucestershire. The police might cross over into Somerset, and then some good Somerset fellow would spit on this thing and find himself caught out by a Gloucestershire nanogram. I am very concerned about Gloucestershire nanograms.
I urge Her Majesty’s Government to be very careful about the testing of the machines, and to ensure that they really do what they are said to do. That is the other great point of complexity. When a Labour Transport Minister, one Barbara Castle, introduced the breathalyser in the late 1960s, it was simply a few crystals that changed colour if somebody was over the limit, and they then went for a test. The machines have obviously become much more sophisticated, but they are testing for one thing and one thing only. They are not about finding out whether someone has had five cups of coffee, or whether they have been in one of those dance clubs that we were hearing about earlier, where 76% of people have taken drugs. I must say, I was shocked by that. We have tea dances in Somerset, where I do not think such things take place. The machine that we have is accurate and accepted, but the machines that are yet to come in may be given increasing evidential value despite testing for so many things and being at greater risk of getting things wrong. The Government really need to be, and clearly are being, very cautious.
We have heard a lot of comparisons with Australia. It is not always the model for the United Kingdom to follow, although it sometimes is. In its drink-driving laws, it has accepted random testing for a very long time, because it felt that it had a very serious problem. We have never accepted that. Australia may feel, in its circumstances, that having something relatively untested is necessary in the light of the problems that it has faced.
I am sorry to say that I will not go on with such eloquence and at such length as my hon. Friend the Member for Bury North. I am full of admiration for him, and I wish that I could do so. I wish to conclude with some key points that we have to remember. First, I hope that the Minister will ensure that we put the cart behind the horse—we have to get things the right way around—by establishing the levels that make a substance legal or illegal. Secondly, we must look at the question of somebody using a prescribed drug that in other circumstances is illegal. Will we simply ban them from driving whenever they go through that course of treatment? If we take the zero-reading approach that an hon. Friend suggested, we would do so. Thirdly, we must always bear in mind the deep constitutional principle of non-self-incrimination. We may accept that it can be overridden, but at least we would know what we were doing. Fourthly, we must consider the quality of the machine, and ask whether it will really work. Finally, we must keep the process in the hands of Parliament and not delegate these nanograms to judges. Noble, lordly and wise as they are, we need to make the law, so that they can enforce it.
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.
James Brokenshire
As I have already said, we are seeking to prioritise, as was reflected in the North report, the creation of drug-testing equipment within the police station as the first step. We have worked on the specification for that and we want to see station-based devices available before the end of this year. Six devices are going through field trials and detailed laboratory tests are also necessary. Timing of approval depends on device performance, manufacturer’s reaction, and how quickly it is able to sign the agreement required with the Home Office before the Secretary of State signs the approval order. Purchase and deployment of the devices would then be matters for local police decision. We are pressing hard to see that by the end of this year. That then feeds through to the next step, which is the roadside testing, and our advisers are finalising the additional environmental requirement that devices would have to meet for use at the roadside. Obviously, the environmental issues are different out on the street compared with being in the police station. I can assure my hon. Friend that the specification document is going through final quality assurance, and we expect to receive it shortly. It will then be put to Ministers to decide how best to proceed further. I assure my hon. Friend that we are not just sitting on our hands. We are getting on with the work on the use of the device within the police station and are taking steps forward in relation to a device that can be type-approved for the roadside.
Mr Chope
Will my hon. Friend therefore confirm that the Government’s response in March 2011 to the North review that they hoped to take decisions on type approval for the machine in the police station by the end of June is still on the programme, and can he assure me that the specification for the roadside test will be published before the end of this calendar year?
James Brokenshire
When we move from the specification to issuing the type approval, as it is known, a formal legal document has to be drawn up with the necessary approvals and presented to give that consent. In order for police forces to have the equipment in their police stations by the end of the year, the necessary legal documentation to facilitate the type approval, building on the experience of the pilots to which I have referred, would need to be in place. It is the approval that is absolutely key.
Reference has been made to experience in Australia, but recent research has shown that in western Australia, where roadside drug screeners have been brought into use, one in four tests was found to be inaccurate and more rigorous analysis of the specimens in a laboratory led to the exoneration of a number of motorists. Clearly we want to ensure that we get this right, and also recognise the need to take into account experience developed overseas.
On the issue of possible new offences and the question of whether there should be a different offence, and not simply looking at equipment to test or being able to support impairment, we are giving separate consideration to the case for introducing a simple, objective offence of having a specified drug in the body while driving. In addition to simplifying police enforcement, this could give a stronger message against drug-driving and act as a more powerful deterrent. Such an offence would also immediately make a roadside testing device much more valuable. The new offence would be in addition to the current offence of driving while impaired by drugs. Removing the need to prove impairment could deliver a significant improvement in enforcement.
We will, however, keep the impairment offence for those cases where impairment has been caused by a non-specified drug, such as one available on prescription or over the counter. That reflects a number of points that have been made by hon. Members in the debate. Introducing a new offence would be a very complex issue and there would be a need to consider a number of questions of principle, policy and practicality. In many ways that alludes to the comments made by hon. Members in our discussions on the Bill.
We will continue the research and other work that is necessary before any decisions can be made, but at this stage I cannot pre-empt that work. Any proposals that we produce will be subject to further consultation, regulatory clearance and other impact assessments, and implementation would clearly and, for the reasons that have been highlighted today, require primary legislation.
To conclude, I join my hon. Friend the Member for Christchurch in wanting effective action against drug-driving. I applaud his dedication to the cause, and I recognise his frustrations and, indeed, those of previous Governments and other Ministers in taking action. It has therefore been good for us to hold this debate and to underline those issues today, but I hope he agrees that we are pursuing the goal vigorously and in the most appropriate manner, and in that context I hope that he will not press his Bill to a vote.
Mr Chope
With the leave of the House, may I respond to what has been an excellent debate?
When I became a Member we used to have one day a year on a Friday for a road safety debate, and in a sense this debate has been about one aspect of road safety, highlighting the deep interest that Members from all parts of the House have in the subject. I am very grateful to my hon. Friends for their contributions and to the hon. Member for Eltham (Clive Efford) on the Opposition Front Bench for what he had to say.
I accept the bona fides of the Government and of my hon. Friend the Minister, but I remain disappointed that we are not going even faster. My hon. Friend was not even able to reconfirm, as the March response to the North review stated, that the Government hope to take decisions on type approval by the end of June. That has been replaced by a target for the devices to be in some police stations by the end of the year. So it goes on, as my hon. Friend the Member for Daventry (Chris Heaton-Harris) so brilliantly said, quoting from various press releases over the years. Action always seems to be just around the corner, but we never quite get there. Let us hope that we do get there in the end.
In responding to the points that have been made, rather than going into a lot of detail, I commend to Members a brilliant analysis by Tina Cafaro, clinical professor of law at the Western New England college school of law, writing in the Western New England Law Review in 2010, under an article entitled, “Slipping Through the Cracks: Why Can’t We Stop Drugged Driving?”
In 70 or so pages, Professor Cafaro goes into the detail of what has happened in other countries and the differences between drug-driving and drink-driving, concluding that we will never make good progress unless we have a system of zero tolerance for illegal drugs in the body when people drive—leaving to one side the problem of prescribed and legal drugs. She comes down in favour of zero tolerance, rather as a number of my hon. Friends have during this debate, and I hope that we will now have a widespread debate about where we go from here, because the Government recognise that we should do more.
I hope that the road safety lobby, and other colleagues who are concerned about civil liberties and so on, will engage positively in a debate on whether we should introduce new legislation to deal not only with people who drive while impaired by drugs but with those who drive with illegal drugs in their system.
Having said all that, and bearing in my mind my conflict of interest, given that I wish to proceed quickly to the next item on the Order Paper, I seek the leave of the House to give the Government the benefit of the doubt, reminding them that we will be here to hold them to account if the things said today are not delivered. I beg to ask leave to withdraw the motion.
Motion, by leave, withdrawn.