Driving Offences: Private Land

John Hayes Excerpts

Thursday 13th July 2017 Commons Chamber

[The Minister of State, Department for Transport (Mr John Hayes)]

I thank my hon. Friend the Member for Elmet and Rothwell (Alec Shelbrooke), who secured this Adjournment debate; he will have moved everyone who heard it today. As he knows, I am the father of two young sons, and I respond to the debate not only as a Minister of the Crown, but in that capacity. We have just been debating Passchendaele; how unfortunate that we should come to the Adjournment only to turn to another tragedy. I am grateful to my hon. Friend for bringing the tale of Harry Whitlam to this Chamber. I offer my heartfelt condolences to the Whitlam family.

Regrettably, motor vehicles are responsible for too many deaths on our roads. Although this country has an enviable road safety record, in 2015 there were 1,750 reported road deaths in Great Britain, with many times that figure seriously injured. Motor vehicles were also responsible for a number of deaths away from the highway. In 2016-17, being struck by a moving vehicle was the cause of 31 deaths of workers, according to statistics compiled under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. This makes it the leading cause of worker fatality.

Harry Whitlam was a child; he was not a worker in a formal sense, of course, but he was entitled to the same attention from those about him that any worker would have expected, or been entitled to. Our traffic law recognises that the highway can be a dangerous place, and it is based on the premise that motor vehicles will be moving at speed in close proximity to each other and other road users. The offences of careless or dangerous driving have been framed in that context, as my hon. Friend says.

Once we look away from the highway, the range of activities using a vehicle that take place on private land multiply in unimaginable profusion. An activity such as motor racing is designed to demonstrate the skills of motor racing drivers and mechanical engineers in ways that would not be appropriate on an open highway. Workers on a construction site may be controlling vehicles in spaces that they know do not have firm foundations or walls. Drivers who are airside at an airport share the ground with aircraft, with all the concomitant dangers that might bring.

All those drivers of course owe a duty of care to those about them, and that duty comes not from being employees or drivers, but quite straightforwardly from being human beings with a responsibility to their fellows. That can never be greater than when one thinks of young people and children. Our responsibility to take care of those around us must surely be exaggerated in our hearts—must be even greater—when we are speaking about vulnerable people: the very young, the very old, the frail, the disabled and the infirm, and so on. I understand my hon. Friend’s frustration that more is not done.

For more than 40 years, the Health and Safety at Work etc. Act 1974 has provided a framework for ensuring that workplaces are safe. There is a reporting regime that allows the Health and Safety Executive to monitor shortcomings. Of course, not all private land is a workplace. Indeed, places often serve as both workplace and home. Farms are a prime example.

--- Later in debate ---

Motion made, and Question proposed, That this House do now adjourn.—(Rebecca Harris.)

[Mr Hayes]

Accidents in residential settings are just as tragic as those elsewhere, so when considering whether to formulate dangerous driving legislation for private land, we certainly need to think more widely than the health and safety legislation as it applies to work. Although we should recognise that the highway is a different environment from private land, we should not lose sight of the similarities. In seeking to address the toll of deaths and injuries from road traffic accidents, the World Bank has been advocating that all countries adopt what is known as a safe systems approach to reducing national road casualties.

In December 2015, my predecessor as a Minister in the Department, my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones), published the “British Road Safety Statement”, which, among other policies, set out what we are doing in this country to support the safe systems approach. While this obviously related to the highway, the principles can be applied off the highway just as reasonably and effectively.

A safe systems approach recognises that

“We can never entirely eradicate road collisions because there will always be some degree of human error; when collisions do occur the human body is inherently vulnerable to death or injury; and because of this, we should manage our infrastructure, vehicles and speeds to reduce crash energies”

to levels that do not lead to human injury or death.

In considering how to address the tragedy of off-road vehicle accidents, we would do well to adopt a safe systems approach. This is not to say that the solutions will be the same as those applied to the highway, but the aim of saving lives is the same. All this indicates that it is not straightforward to adjust the existing law to improve vehicle operational safety. Yet, the statistics tell us that we should, and must, aspire to do more to prevent future accidents. Legislation is not the only tool. For example, the Health and Safety Executive already works with trade bodies, including the National Farmers Union, to develop good practice relating to handling farm vehicles. This includes off-road specific factors such as working on uneven ground, steep gradients and using on-board machinery. Those things would not be covered by road traffic regulations, even if they were to apply.

I am conscious of how the law may appear, when the penalty for an illegal action depends on where it happens—that does not seem reasonable, does it?—particularly when it seems not to have regard to the equal severity of its effects. So, I am pleased to tell the House and my hon. Friend that I will consider how we might address the matter, including the possibility of future legislative reform. That may sound like a blithe, easy commitment to be delivered by a future Government. However, it is important that we get the reform right, and that we do not rush and make errors in how we frame that kind of legislation. It is more complicated than it first seems for some of the reasons that I have set out, but that is not a reason to do nothing. To that end, I invite my hon. Friend to come to my Department to meet me and my officials and talk through how we might proceed.

[Alec Shelbrooke]

I am most grateful to hear what my right hon. Friend says, and it will come as a great relief to Pamela and her family that this has been taken so seriously. May I ask whether I could bring Pamela and her solicitor so that they can give their first-hand experience and talk about how this law may be developed?

[Mr Hayes]

I would be honoured and delighted to meet them, so of course the answer is yes.

I have a reputation for quoting poets, and I usually do so in a light-hearted or jocular fashion, as the Speaker mentioned recently. But sometimes poetry can be applied to the most difficult circumstances, and the poet John Donne said this:

“any man’s death diminishes me, because I am involved in mankind”.

We are all poorer for an untimely loss of the kind my hon. Friend has raised in the House. Of course we are poorer, and of course we hurt when we lose a relative, a friend or a colleague, but we are diminished by any loss, and the tragic loss my hon. Friend described will have moved the hearts, as I said at the outset, of everyone in this Chamber, and of many beyond it who have heard this debate.

I say again that I am grateful to my hon. Friend for raising the issue of off-road vehicle offences. As I have said in reply to the debate, how we respond will depend on the joint working of a large number of bodies within Government. I am not able today to say exactly how the law will change, but given the short time from the point when this debate was announced, doing otherwise would have indicated that we had not thought this through properly. The implications of any such move will be planned carefully and considered, and we will proceed with certainty as a result of that deliberation. But I tell Members this: we will proceed with the firm intention that tragedies such as Harry Whitlam’s might be prevented in the future.

Question put and agreed to.