Road Safety

Gareth Johnson Excerpts

Tuesday 10th December 2013 Westminster Hall

[Rehman Chishti (Gillingham and Rainham) (Con)]

It is a pleasure to serve under your chairmanship, Mr Dobbin, and a privilege and pleasure to see in his place the Minister, my hon. Friend the Member for Scarborough and Whitby (Mr Goodwill), for whom I have great admiration and respect. I am delighted to have secured this debate on road safety, an issue affecting every one of us in society; all of us use the roads at some point. The issue has been raised with me by many of my constituents, by charities campaigning for safer roads and by many other organisations.

It is fair that I should declare my interest at the beginning. I was once named by Brake as a champion of road safety for my campaigning on drink-driving. It is only right that I should put that on the record. I understand that the issue of road safety is covered by two Departments: the Department for Transport and, in relation to sentencing on matters such as drink-driving, the Ministry of Justice. There is greater collaboration on that matter.

Every death on our roads is an avoidable tragedy and every injury a preventable suffering. Our roads have become safer and are among the safest in the world, but last year more than 195,000 casualties were still reported to the police. We should not lose sight of the achievements made in improving road safety. Last year, there were fewer fatalities in the UK than in most other countries in Europe and the rest of the world, and in 2012, one third as many people were killed on our roads as 20 years ago, but more can and should be done to reduce harm to road users. In November is road safety week, which since 1997 has been organised by Brake and involves schools, organisations and community groups taking action to improve road safety. It is a reminder that we can make our roads even safer and reduce tragedy if we all work together.

This is only a short debate, so I will focus on some key factors contributing to road casualties. The first are drink-driving, driving while disqualified and driver distractions. Colleagues may have other road safety issues to put to the Minister, and they should do so.

We all know the dangers posed by those who choose to drink and drive. Department for Transport figures show that the number of deaths from drinking and driving has increased by 17%, accounting for 16% of all road deaths in the UK. The latest review of drink-driving laws in 2010 by Sir Peter North noted that a minority of drivers persist in drink-driving and that many of those caught are well above the legal limit. A staggering 40% are 2.5 times over the limit. Many go on to reoffend; more than 12,000 people a year convicted of drink-driving offences have previously been convicted for such an offence.

This year, I proposed a ten-minute rule Bill to raise the maximum prison sentence for repeat drink-drivers from six months to two years, to give the courts the additional powers that they need to tackle persistent offenders.

[Gareth Johnson (Dartford) (Con)]

I congratulate my hon. Friend on securing this debate on an issue that I know he feels strongly about. Does he agree that part of the problem with the law at the moment is that magistrates are required to give a discount for a guilty plea from defendants convicted of multiple drink-driving offences while disqualified, even if the reading is high? Their powers of punishment are insufficient, which they find frustrating when they are trying to mete out justice.

[Rehman Chishti]

My hon. Friend is absolutely right. I know that he saw that for himself when he was a solicitor and dealt with such cases. When I was a barrister, I saw that the police and all the other agencies found it frustrating that an offender could be brought to court yet given a limited—even minimal—sentence for serious offences, even taking into consideration the danger that they posed to wider society.

My hon. Friend is absolutely right about the combination of offences. Normally, somebody who has been drink-driving has probably also been done for driving while disqualified. I will refer in due course to driving while disqualified, but his point is valid. I thank him for supporting my ten-minute rule Bill on drink-driving and repeat offending and my private Member’s Bill on driving while disqualified.

My Bill has the support of Brake, the Royal Automobile Club and the Royal Society for the Prevention of Accidents. In today’s edition of The Times, there is an article by Julie Townsend, the deputy chief executive of Brake, saying that even one drink is now too many for most drivers, urging the Government to consider reviewing what is happening in other parts of Europe and asking that the legal alcohol limit be reduced. Undoubtedly, the Minister will comment on that in due course.

My first question to the Minister is this. What are the Government doing to address persistent drink-drivers? Secondly, will the Government support my Bill to raise the maximum sentence to two years for repeat offenders? Thirdly, will they also consider reviewing the sentencing guidelines for drink-drivers?

Those who repeatedly drive while disqualified are linked to repeat drink-driving offences, as my hon. Friend the Member for Dartford (Gareth Johnson) pointed out. According to a reply to my recent parliamentary questions, Government figures show that in 2012, 42% of offenders sentenced for driving while disqualified had received a conviction for the same offence within the previous 10 years, and 72% of offenders who received a custodial sentence had been convicted for the same offence within the past decade. As with drink-driving, the maximum sentence for driving while disqualified is six months’ imprisonment or a level 5 fine. The Magistrates’ Association has raised the issue with me, saying that its members are concerned by the many instances of the offence, sometimes repeated many times, and are frustrated that their powers of imprisonment are insufficient.

Last week, I introduced two Bills to strengthen the law on driving while disqualified. The first would increase the maximum sentence that a driver can receive for causing death while disqualified from the current two years’ imprisonment to 14 years, in line with the current penalty for causing death by dangerous driving. The second would increase the maximum jail sentence to two years for repeat offenders who continue to drive even after having been banned.

My fourth question to the Minister is: will the Government consider increasing the maximum sentence for disqualified drivers and support my Bills? Fifthly, will they consider reverting driving while disqualified to an either-way offence, as it was prior to 1988? I understand that such issues are dealt with predominantly by the Ministry of Justice, but their implications for road safety are immense.

On alcolocks, existing measures’ contribution to reducing drink-driving seems to have decreased due to a hard core of heavy drinkers who are not susceptible to them. We therefore need to consider new ways to reduce drinking and driving. Several EU countries, including Sweden, France and Holland, have introduced alcohol ignition interlocks, commonly referred to as alcolocks, which are alcohol testers connected to the car’s start-up mechanism. They have been found to help reduce repeat offending, especially when used as part of a rehabilitation programme. Various international studies have shown that alcolock users had 65% to 95% fewer repeat offences than drivers whose driving licence was suspended or revoked. The previous Government conducted a trial programme in 2005, but there was never any follow-up.

The North report in 2010 discussed the use of alcolocks and said that trials had shown that there are merits in such initiatives, because when alcolocks are in use they prevent people from drink-driving. There are also existing powers in place, although not in force, under the Road Safety Act 2006, for offenders to be referred to an alcohol ignition programme.

Recently the European Commission has been working on developing a common road safety enforcement strategy, which could include making use of alcolocks in certain cases. So, my sixth question to the Minister is this: what recent assessment have the Government made of the effectiveness of introducing alcolocks in the UK? Seventhly, will the Minister consider the evidence from other European countries on the potential benefits of introducing alcolocks? Eighthly, what discussions have been taking place to introduce alcolocks across the European Union?

I move on to the next category that I wish to discuss. This year, the Government made a welcome move to tighten up the rules for high-risk offenders—those offenders who have been caught more than two-and-a-half times over the legal limit, who have two or more convictions for drink-driving within two years or who refuse to provide a sample. The rule changes mean that high-risk offenders must pass a medical examination to prove that they are fit to drive before they can do so.

Although the scheme has been shown to help reduce reoffending, there are concerns that a fifth of high-risk offenders have been on the register before. Evidence shows that a driver at two times the legal limit is at least 50 times more likely to be involved in a fatal accident. So my ninth question to the Minister is this: what consideration has been given to lowering the level for high-risk offenders to two times the alcohol limit? Tenthly, how effective has the scheme been in ensuring that those people who should not be driving are not on the road?

I move on to my final category, which is distractions. The theme for this year’s road safety week was, “Tune in”, asking people to “tune in” to road safety and give it their full attention. Driver distraction is a major cause of deaths and serious injuries on our roads. Research shows that although it is now illegal to use mobile phones at the wheel, around a third of drivers continue to flout the law.

Other distractions can include eating and smoking at the wheel, which have been shown to increase the risk of a crash. Furthermore, evidence suggests that talking on a phone while driving can be worse than drinking alcohol, with reaction times 30% slower for people using a hands-free phone than for those driving with a blood alcohol level of 80 mg per 100 ml of blood. So, my final question to the Minister is this: will he review the evidence on the dangers of hands-free mobile phone use when driving?

In conclusion, further measures are needed if we are to remain a world leader on road safety, and we must consider ways to reduce deaths and injuries on our roads. I look forward to hearing the Minister respond to the questions that I have put to him.