Drugs (Roadside Testing) Bill
Debate between Christopher Chope and Chris Heaton-Harris(13 years, 5 months ago)
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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.