Driving Licences and Dangerous Drivers

Jim Shannon Excerpts

Tuesday 14th June 2022 Westminster Hall

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

I beg to move,

That this House has considered driving licences and dangerous drivers.

I am grateful to the Minister for her time today, given the sensitivity of the issues that we will be discussing. While the debate could have been called on behalf of any of the estimated 1,390 families who so very sadly lost a loved one to a road death in the last year, it is because of a grieving family in my constituency that I am here. Given their case is subject to an ongoing investigation, I recognise the rules of the House and the importance of ensuring that under the rule of law, judgment can be cast fairly.

I am sorry that I cannot lay out my constituent’s case in full. My understanding is that someone has been charged and it is important that the case is not jeopardised, but I can assure the family and the Minister that I will return to this issue once I can speak more freely. What I can say is that in December last year, my young constituent was tragically killed in a car crash, leaving behind her devastated family. It is important to note that the circumstances of the case raise concerns about drivers being able to continue to drive unless and until they are found guilty of driving-related offences. Although I am here on behalf of my constituent and her family, I hope that the Minister will consider the wider principle that affects any family who loses a loved one to dangerous driving.

As it stands, there is no law to stop any dangerous driver continuing to jump in their car after a tragic accident unless and until they not only are charged but are found guilty. I make it clear to the Minister that, of course, I recognise and wholeheartedly support the justice system upon which our rule of law is built: crimes must be investigated in full and presented before a jury to cast an impartial verdict. My call is not for guilt to be presumed before innocence—it is right that the tragic death of my constituent be investigated in full and all the evidence presented—but we must recognise that waiting for a trial in such a case can take years. It is wrong to allow somebody to continue to take to the road while they face an accusation of and investigation for death by dangerous driving. For the protection of others, for their own safety and for the peace of mind of the bereaved family, the person accused of killing their loved one by dangerous driving should not be back behind the wheel.

I cannot begin to imagine the anguish, grief and despair that a family has to face when they receive that dreaded knock on the door. It is a message that no family should ever have to hear. The pain is unimaginable, but it must be made even worse by the knowledge that nothing prevents the accused dangerous driver from driving while an investigation is still under way. We cannot bring loved ones back, but we can change the law to ensure that, while under bail conditions, nobody accused of death by dangerous driving is back on the road until the investigation is complete. It is really that simple.

Although I am unable to go into the details of my constituent’s case, I will tell the Minister about an investigation that has been completed. I understand from my hon. Friend the Member for Houghton and Sunderland South (Bridget Phillipson) that her constituent, Carol King, tragically lost her partner, Richard Jordan, in a dangerous driving accident on 4 August 2019. Carol and Richard’s daughter was 19 months old when he died. Eleven days after burying her partner, Carol found out that she was pregnant, and she went on to have their second daughter in March 2020. The defendant was sentenced to six years and eight months’ imprisonment, and was also banned from driving for three years following his release. That person, who had previous convictions for driving offences and is responsible for the pain of a mourning family, will be back on our roads in a matter of years.

As it stands, the current laws and framework do not allow for the immediate removal of a driving licence from a person who is arrested or charged in connection with an offence of being over the legal limit for drink or drug-driving. Why can the police revoke a driving licence from members of the public when they fail an eye test or—as in my sister’s case—when they have an epileptic fit, but they do not have the power to remove a driving licence from someone who is driving when over the alcohol limit or under the influence of drugs?

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady on securing the debate. I support what she is trying to achieve, and I know that the Minister will respond positively. Does the hon. Lady agree that the change in the law that she wants for the UK mainland would be beneficial for all the regional Administrations? It would provide consistency in police enforcement and in the laws of the land.

[Siobhain McDonagh]

I completely agree with the hon. Gentleman. The change should apply across the countries of the United Kingdom.

Carol and her grieving family will be listening carefully to the Minister’s answer. In preparing for the debate, I was interested to see that similar calls were made in this very Chamber in January, in a debate about police powers to suspend driving licences. It was heartbreaking to read that debate, and I truly commend those families who have had their lives turned upside down but who have channelled their grief into the fight for justice and into achieving change for others. It is clear from that debate in January that that includes the McConnachie family.

On 24 February 2019, Tom McConnachie was killed in a hit and run by a drink-driver, who left Tom fatally injured on the road. He then drove to Okehampton and set fire to the vehicle. The offender was able to continue driving for 11 months before being disqualified, as only a court can disqualify a driver. Tom’s family are calling for police officers to be able to provide a suspension notice from the moment the offender is caught drink, drug or dangerous driving until they appear in court. It would then be for the judge to determine whether a ban continues or whether the offender can drive again.

As it stands, the police can impose bail conditions for particular purposes, one of which is to ensure that no further offence is committed while on bail. I understand that a driving ban as a condition of police bail may be deemed appropriate for some cases. However, the remarks made by my hon. Friend the Member for Ilford South (Sam Tarry) in January’s debate made clear that we simply do not know in how many instances a licence has been suspended while someone is awaiting trial, and whether police forces are making use of those powers or even regularly considering them.

Looking further back to November and yet another debate, the Minister of State, Department for Transport, the hon. Member for Pendle (Andrew Stephenson) promised that the Government were considering a review of road traffic offences and penalties, yet six months later we are still waiting for the review to get under way. A review could clarify or amend the definition of dangerous and careless driving. It could close the exceptional hardship loophole whereby drivers routinely avoid driving bans by pleading that it would cause them exceptional hardship—a plea that Cycling UK argues happens so frequently that it makes a mockery of the term “exceptional”. A review could also provide a chance to strengthen the penalties for hit-and-run offences where the driver leaves a victim for dead. Will we be back in this Chamber speaking on behalf of another grieving family in a few months’ time?

I wish to briefly raise the concerns of another of my constituents, a class 3 mobility scooter user who fears that he could fall victim to dangerous or even non-dangerous driving on our roads. According to the highway code, he is allowed to use his mobility scooter only on the main road and not in cycle lanes. Understandably, he finds this unsafe and daunting, and the drivers of the vehicles that pull up behind him are equally frustrated as to why he is leaving the adjacent cycle lane empty while riding at his maximum speed of 8 mph. Does the Minister agree that that is an incredibly easy thing for us to resolve?

I conclude by turning our attention back to the grieving family in my constituency, who are watching today’s debate at home. They did not want to be here today. The pain is still too raw for them. That may never change. Their ask is simple: that the anguish they are facing is not burdened on any other family, and that their dreaded knock on the door can be a chance for change, for the law to be amended so that anybody accused of death by dangerous driving is immediately taken off our roads. I hope the Minister will agree that that does not sound like too much to ask.