Victims of Road Traffic Offences: Criminal Justice System

James Wild Excerpts

Tuesday 30th January 2024 Westminster Hall

[James Wild (North West Norfolk) (Con)]

I congratulate my hon. Friend the Member for North Devon (Selaine Saxby) on securing this debate, which is of great importance to my North West Norfolk constituents and to Members across the House. I want to focus particularly on the sentence for causing death by dangerous driving. In the Police, Crime, Sentencing and Courts Act 2022, Parliament legislated to increase the maximum sentence for this crime from 14 years to life imprisonment, which we did to reflect the devastation that such crimes inflict. The sentencing guidelines issued for that change have a range for the category A offence—the most serious offence —from eight to 18 years.

Are those guidelines effective, and are judges following them? In the case of my constituent, Summer Mace, I do not think so. I confirm that it is not an active case. Three members of Summer’s family—her mother, sister and stepfather—were killed by a dangerous driver. Having had an Adjournment debate on this case, I return to it to highlight the devastating impact on Summer, her family and her friends, and the inadequate sentence imposed. The judge rightly classed this as a category A offence, owing to a prolonged, persistent and deliberate course of very bad driving. There were six aggravating factors in the case: three people were killed; greatly excessive speed was used; the driver knew he was deprived of sufficient sleep; he had consumed drugs above the legal limit; he had previous convictions for motoring offences; and he was on police bail for a driving offence at the time, breaking the curfew to commit the crime. The only mitigating factor was a letter he sent to the court—not even to the family.

It is unacceptable that after a guilty plea was taken into account, he was sentenced to only 10 and a half years for three separate counts of causing death by dangerous driving. He could be out in seven years. The question that the family and I want to ask is what is required for a large sentence to be imposed? Those sentencing guidelines took effect in June last year. When more data is available, I hope the Minister and the Lord Chancellor will consider very carefully the impact on sentencing that those guidelines have had, and whether judges are actually imposing the sentences that this House and the House of Lords legislated for. I hope that the Lord Chancellor uses his power to formally request that the sentencing guidelines are reviewed.

The other point I want to raise is around disqualification, as touched on by my hon. Friend the Member for North Devon. In my constituent’s case, a ban for a period of only eight years was considered appropriate, extended to 15 years to take account of the time the offender will be in prison. Again, that strikes me as far too lenient. Courts can impose lifetime bans, and RoadPeace is campaigning for them to be applied. The House of Commons Library reports that disqualification for life only happened in four cases in the year ending June 2023, out of more than 116,000 who were disqualified. The Government should consider whether it should become a mandatory element in some cases because, as my hon. Friend said, driving is a privilege and not a right. The Sentencing Council will shortly consult on new overarching guidelines for driving disqualification, and I encourage everyone with an interest in this topic to respond to that consultation.

I end by noting the frequency of driving offence cases. I was struck by the statistics that, in the case of driving under the influence of drink or drugs, 79% of cases result in a fine, with only 1% resulting in a custodial sentence, and 99% of people disqualified for a year to less than two years for that offence. Does that reflect the seriousness of the crime? Does it create a deterrent effect? I do not think so. We need to apply a robust approach, including prison sentences and lengthy bans, to send a message that these are serious crimes with serious consequences.

Oral Answers to Questions

James Wild Excerpts

Thursday 26th October 2023 Commons Chamber

[Mr Harper]

The hon. Gentleman will know that we have made it clear that we are going to make sure that high-speed trains can still continue past Birmingham on to the west coast main line. We have already had a debate in this House, and I believe we had this debate at length when I made my statement after the House returned last week, about the capacity on the west coast main line. The southern section is the most congested part, which is why we are continuing with phase 1. There is a debate to be had and people can have different views about where demand will go over the next 20 years. The view we have taken is that the priority is to focus on the transport needs of people now—[Interruption.] Well, in the north of England we are reinvesting £20 billion of the £36 billion we have saved, so we are putting the money where it would have been invested but on transport projects that are more relevant to people’s everyday needs.

[James Wild (North West Norfolk) (Con)]

3. What plans he has to support transport projects in the East of England.

[The Minister of State, Department for Transport (Huw Merriman)]

The Network North announcement included commitments to rail improvements at Ely and Haughley junctions, which is a key priority for the east and also for railfreight. We are also committed to the A10 scheme north of Cambridge. The east will also benefit from the £8.3 billion announced for highways maintenance funding across England.

[James Wild]

I warmly welcome the commitment to upgrade Ely Junction, which will boost passenger services to King’s Lynn in my constituency, as well as freight. I am sure my hon. Friend will ensure that the scheme now proceeds as rapidly as possible. May I also urge Ministers to approve the business case submitted by Norfolk County Council for the A10 West Winch housing access road, which is essential to unlock housing, reduce congestion and boost growth?

[Huw Merriman]

As ever, my hon. Friend is bang on when it comes to the Ely project. It is a superb project, which really delivers for freight and ensures that freight can travel from Felixstowe across the midlands, rather than having to go south. So I can assure hon. Members that we will be on that project and getting it delivered.

On my hon. Friend’s point on the A10, which I welcome, officials are currently assessing the outline business case submitted by Norfolk County Council, and will be providing advice to Ministers in due course. We will ensure that we are in touch with my hon. Friend as soon as a decision has been made.

Buses: Funding

James Wild Excerpts

Wednesday 17th May 2023 Commons Chamber

[Mr Holden]

The hon. Member will be fully aware that this Conservative Government have already allocated £94.8 million to Greater Manchester through the bus service improvement plans, on top of £1 billion to Greater Manchester for the city region sustainable transport settlement. On how buses are operated, he will be fully aware of the desire of the Mayor of Greater Manchester to go to a franchising model, which the Government have allowed and are supportive of. I look forward to working with him and any other local authorities that wish to move in that direction. What I will say, however, is that franchising services means that local taxpayers end up carrying a much greater portion of fare box risk. People need to be able to justify that to their local taxpayers.

[James Wild (North West Norfolk) (Con)]

Extending the £2 cap is welcome. Does my hon. Friend agree that as well as price, frequency of service is vital and that, thanks to the £50 million granted to Norfolk County Council, there are now more buses going to Castle Rising, Grimston and other parts of North West Norfolk? There is also a travel hub coming to Hunstanton, and there will also be new bus lanes.

[Mr Holden]

I thank my hon. Friend for mentioning Norfolk. It was wonderful recently to visit his fantastic constituency as well as that of my neighbour, my hon. Friend the Member for North Norfolk (Duncan Baker), to see some of the improvements happening in terms of bus funding. I have said to all councils that, if flexibility is needed from their initial BSIPs, we are always willing to look at that. I am grateful to my hon. Friend for raising Norfolk, where there has been a really proactive county council driving forward bus service improvements as well as improving its road network, which is another issue that I know he cares deeply about.

Oral Answers to Questions

James Wild Excerpts

Thursday 13th October 2022 Commons Chamber

The Secretary of State was asked—

[James Wild (North West Norfolk) (Con)]

1. Whether her Department has made an assessment of the accuracy of the benefit-cost ratio in the outline business case submitted by Network Rail for the Ely area capacity enhancement under the rail network enhancement pipeline.

[The Minister of State, Department for Transport (Kevin Foster)]

As a fellow Blue Fox, I always had a lot of time with David, and a great friendship. I join you, Mr Speaker, in your tributes to him and James. I also reflect that last Friday marked 70 years since the collision involving three trains at Harrow and Wealdstone station where 112 people lost their lives in our worst peacetime rail incident. We remember those who were lost.

The benefit-cost ratio for the Ely area capacity enhancement was calculated and assured by Network Rail as part of the development of the outline business case for the scheme. We have no reason to doubt the robustness of the benefit-cost ratio.

[James Wild]

I welcome the Minister to his place, and indeed the new Front-Bench team. The project is backed by MPs across the east of England because it would increase capacity by 30%, enabling more passenger and freight services and delivering a major boost to growth. Given the overwhelming economic benefits that it offers, will the Government ensure that this much-delayed project, for which my right hon. Friend the Prime Minister has been campaigning for more than a decade, is now fast-tracked and moves to the next phase?

[Kevin Foster]

My hon. Friend is a strong champion for the Ely scheme, and I recognise the potential for the benefits that he highlighted. It is, though, worth noting that the scheme would require significant public funding with a total cost of up to £500 million, so we need to consider that as part of reviewing patterns of rail travel post the pandemic. We will therefore seek to provide as much clarity as possible when we publish an update to the rail network enhancements pipeline.

Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Bill

James Wild Excerpts

3rd reading
Friday 21st January 2022 Commons Chamber

[Paul Holmes]

Yes, they are. Licensing authorities can ask for such information but my hon. Friend the Member for Darlington is trying to mitigate the fact that that process does not show whether drivers have had not necessarily criminal convictions but suspensions or revocations because they have not kept their vehicle up to scratch or have committed some sort of misdemeanour. There is provision for that in the existing licensing regime but it does not go far enough, which is why the Bill needs to become law.

As my hon. Friend the Member for Darlington has outlined, the problem is widespread. Local authorities are not required to share information and people whose licences have been suspended, refused or revoked can carry on working elsewhere. My hon. Friend has absolutely the balance right in respect of the need to protect the information of drivers who play by the rules and those who may have had a mishap, because his Bill allows that information to be shared only on a case-by-case basis. That will reassure the decent, honourable taxi drivers out there who play by the rules that this is a safety mechanism, not an attacking mechanism. That is vital.

[James Wild (North West Norfolk) (Con)]

rose—

[Dr Hudson]

rose—

[Paul Holmes]

I give way to my hon. Friend the Member for North West Norfolk (James Wild) first.

[James Wild]

The removal of a taxi driver’s licence takes away their livelihood so, given my hon. Friend’s experience on a licensing committee, will he reassure me that the Bill will not affect the appeals processes that are in place?

--- Later in debate ---

[Paul Holmes]

I thank my hon. Friend, who is an expert on the Bill because he wrote it, for that clarification. He will have reassured Members from all parties and has just added to the reasons why the Bill should be passed today.

[James Wild]

I am grateful to my hon. Friend for taking a second intervention. To return again to his experience on a licensing committee, will he say what proportion of applications for private hire licences were rejected? Would he expect that proportion to increase when local authorities have additional information?

[Paul Holmes]

My hon. Friend tempts me to hark back to my career in local government around 12 years ago—[Interruption.] I know I do not look old enough, as someone very kindly said. I do not think the Bill will have an impact on the number of cases that would be refused. What it would do is allow that information to be shared with councillors. Officers take their responsibilities very seriously and perform them impartially, independently and without fear or favour, as my hon. Friend the Member for Cities of London and Westminster said. I do not think the legislation would have an undue effect on the number of cases that would be refused or granted.

To come back to my speech after those wonderful interventions, the system is outdated as there is no obligation on local authorities to report the concerns about drivers to the home authority. At present, we are in effect allowing an unsafe system. I am not saying that in a melodramatic way or trying to raise concerns about the thousands of drivers that behave properly and provide a backbone to the country, but the current system has some large loopholes and can be unsafe for some people—perhaps not unsafe, but negligent—in allowing the cross-country approach. That is why my hon. Friend the Member for Darlington should be congratulated.

In clause 2, my hon. Friend has thought exactly of that point, with a reasonable time period to record a suspension from local authorities of five days. That would not put an undue or onerous duty on local authority officers, particularly those in licensing teams who work in that atmosphere every day. That is not unreasonable. Clause 2 also provides for that information to be kept on the database for a period of 11 years, and that gets the balance just right. It is not too onerous for drivers to think that if they leave the profession or want to come back to it the information will be kept on for too long. The Bill may be seen by some as onerous for the taxi driver. I do not agree, because those people who have played by the rules, and may have been in the career for 30 years, will have nothing to hide, and they should be reassured by the Bill.

--- Later in debate ---

[James Wild (North West Norfolk) (Con)]

It is a pleasure to speak in this debate. I congratulate my hon. Friend the Member for Darlington (Peter Gibson) on successfully stewarding the Bill through to Third Reading. It is right to acknowledge what others have done, including the hon. Member for Cambridge (Daniel Zeichner), who brought forward similar proposals. I hope that he enjoyed his visit a few weeks ago to my North West Norfolk constituency.

At its core, the Bill is about public safety, and giving people greater confidence, when they get in the back of a taxi or private hire vehicle, that the driver has been properly checked out. We legislators have a duty to consider carefully whether legislation is necessary. I recognise that the Bill builds on the approach set out in the Government-issued statutory taxi and private hire vehicle standards, which recommend that licensing authorities share information with other authorities, because better information will lead to better decisions.

The Bill will benefit local authorities—and, through them, the public—by ensuring that they have as much relevant information as possible when considering new applications or renewal applications. It will also mean that local authorities are aware of incidents in other areas involving drivers whom they have licenced. It closes a loophole that means that local authorities are not required to share information. That prevents other authorities from being able to make an informed decision, and as others have highlighted, that creates the potential for a driver who is refused a licence to move to another area to apply for a licence there. As my hon. Friend the Member for Darlington said, that is a crazy situation. The Bill represents a proportionate and welcome response to that, and will help local authorities protect the public.

Constituents have raised with me the difficulty in getting taxi drivers to accept passengers with assistance dogs; they are turned away by drivers. Research by the charity Guide Dogs found that the businesses most commonly reported to have refused access included minicabs and private hire vehicles; 72% of respondents reported that happening to them. These refusals are deeply distressing to the individuals involved. They damage their confidence and undermine their independence and ability to live their life. Of course, it is already an offence under the Equality Act 2010 for taxi and private hire vehicle drivers to refuse to carry an assistance dog; they can be fined up to £1,000.

In 2019, the Government accepted a recommendation that all taxi and minicab drivers be required to have disability equality training. I would be grateful to the Minister for an update on that for my constituents and Guide Dogs, and on the steps that the Government are taking to encourage drivers and companies to do that training voluntarily. Given the importance of the issue, I welcome the fact that passengers with assistance dogs and wheelchair passengers will be covered by the clause 1 “Relevant information” provisions, which require information to be passed on if a person poses a safeguarding risk. I welcome the fact that, as my hon. Friend the Member for Darlington confirmed, there is no effect on the appeals process or panels, or on the rights that taxi drivers have when decisions go against them.

I am always focused on the question of when legislation commences. In my experience as a special adviser in various Departments, I found that too often a lot of energy was focused on bringing forward measures; less energy was spent on bringing them into force. I am sure that my hon. Friend the Minister is on the case with her officials to make sure that the measures are implemented as rapidly as possible.

Finally, I lend my support to the campaign launched a decade ago by the noble Lord Finkelstein against the misuse of the prefix “pre”. Private hire cars are often festooned with signs saying, “Pre-booked only”. The explanatory notes fall into the same trap. These cars are not pre-booked; they are just booked. If we can end this preposterous prefix use, that would be a little win for pedants everywhere. I support the Bill.

National Bus Strategy: England

James Wild Excerpts

Monday 15th March 2021 Commons Chamber

[Grant Shapps]

The right hon. Gentleman is absolutely right. As ever with the coronavirus, those small companies have had a tough time. It is worth mentioning that we put £240 million, and then £27 million a week, into supporting buses, so we have been pumping in a lot of money without which those services would not have been able to survive at all. Of course, individual smaller companies will have had access to things like furlough. The strategy overall is the sunlight at the end of this, because for the first time there will be a proper strategy that he and his local authority will be able to oversee. I am sure that there will be great opportunities for some of the smaller bus companies as well.

[James Wild (North West Norfolk) (Con) [V]]

Buses provide a lifeline for people in North West Norfolk, but rural areas have seen greater reductions in services. Will my right hon. Friend ensure that Norfolk gets a fair share of this welcome new funding to not only rebuild but enhance services, with later buses and new links, as well as capital for improvements to speed up journeys alongside the coast?

[Grant Shapps]

Yes I will. I have no doubt that my hon. Friend will fight for his constituents and his area. By hooking up with the local authority and working with it, we will have a very good look at the investment strategy that it puts together to ensure that he enjoys much better services in the future than his constituents have in the past.