Drugs (Roadside Testing) Bill

Dan Byles Excerpts

Friday 10th June 2011 Commons Chamber

[Mr Nuttall]

I am sure that there is a method of doing so, but I could not do it now. However, my hon. Friend will be pleased to know that I will briefly touch on the European Union later. In all seriousness, however, 1 nanogram is one billionth of a gram, which may account for why it has taken the Home Office so long to produce a realistic specification for such a device, given the extremely small—indeed, unbelievably small—levels that it is expected to detect.

With all that in mind, it is perhaps worth considering some of the tragic cases of people losing their lives as a result of drivers taking the wheel while under the influence of drugs. It is perhaps all too easy to get bogged down in the technicalities and the dry scientific details of the drugs that we have been considering, and to forget the human tragedies that lie behind the problem. The road safety charity Brake has briefly and helpfully summarised some of those cases on its website. For example, it cites the case of a 20-year-old young woman, Katharine Davis, who was killed by a banned driver, Lee Fitzgerald. The case was reported in The Northern Echo, which stated that Fitzgerald was not only almost two times over the legal drink-driving limit, but had taken a cocktail of drugs, including cocaine and ecstasy. He then got behind the wheel of a friend’s car and gave a lift to Katharine and a work colleague. As he was being followed by the police, he crashed the car and Katharine lost her life. Fitzgerald was jailed for five years.

In another case, a young girl, Lucy Bellamy, aged only nine, was hit and killed while on a pelican crossing by one Andrew Wilkinson, who at the time was just 20. Wilkinson admitted to police that he had been smoking cannabis through a makeshift pipe. He apparently had not even tried to brake, even though he was approaching a pelican crossing. He was jailed for four and a half years. Further such cases arise all the time.

[Dan Byles (North Warwickshire) (Con)]

My hon. Friend is generous in giving way. I apologise for not having been here for the start of the debate and I do not know a great deal about this area, but is there any scope in such circumstances for using legislation on driving dangerously? There is no specific law on the use of illegal substances, but could the offence of driving dangerously or of causing death by dangerous driving be used instead against someone who had taken an illegal substance that prevented them from driving safely?

[Mr Nuttall]

My hon. Friend makes a good point. It is perhaps one that those with greater knowledge of the workings of the criminal law—particularly as it relates to road traffic offences—would be more able to deal with.

There are two more recent cases that I would like briefly to raise, because I do not want people to think that everyone convicted of driving while under the influence of drugs is sent to jail. There was a case reported in the Dudley News of a Dudley man who was handed a suspended jail term for driving while unfit to do so through drugs. He was given a six-week jail sentence, suspended for 18 months, and banned from driving for 18 months. To run consecutively, the defendant was also jailed for six months, suspended for 18 months, for possession of a class A drug, heroin. He was ordered to pay £600 compensation and court costs at Dudley magistrates court.