Road Traffic Offences: Fatal Collisions

Kerry McCarthy Excerpts

Monday 15th November 2021 Westminster Hall

[Kerry McCarthy (Bristol East) (Lab)]

It is a pleasure, as always, to see you in the Chair, Mr Rosindell.

I am very pleased that the Petitions Committee managed to secure a slot for this important debate, fittingly at the start of Road Safety Week. I hope that we have been able to do justice to the topic this afternoon, for the sake of the families and friends of victims of driving offences, particularly the families and friends of Matt, Paul and Ryan, some of whom are here today.

I congratulate my hon. Friend the Member for Neath (Christina Rees) on a thorough exposition of the reasons behind the petition and why a change in the law is needed, and on going further and meeting the families and friends. It is really important—I say this as a former member of the Petitions Committee—that we do justice to the petitioners, which is not always the case in these debates. I hope that they feel we are at least speaking up for them today. It cannot have been easy for them to relive their personal tragedies in pursuing the petition, but I understand they felt compelled to do so to try to ensure that others do not have to go through the same hellish experience. My hon. Friend commended their courage and tenacity, and so do I.

Some people might recall the case of Kevin Duggan, who was killed in 1998 by a drink-driver. Anyone who has grown up in Luton, as I did, knows the Duggans. There are an awful lot of them. They are a big Irish family. Kevin’s father, Declan, campaigned for the law to be changed four years later to give doctors the right to take blood samples from unconscious drivers, because in the case of Kevin they were not able to do so. That shows how tenacity, of which he had huge amounts, and campaigning can pay off. I urge the petitioners to continue, because we have to do better. As we have heard today, far too many lives have been lost in road traffic accidents. In far too many cases, drink-driving is involved.

In 2019 it was estimated that between 210 and 250 people were killed in accidents in Great Britain where at least one driver was over the drink-drive limit. As the Labour spokesperson, I want to assure the petitioners that road safety is a priority for us. We have supported increasing the maximum penalties for the offences of causing death by dangerous driving and causing death by careless driving while under the influence of drink and drugs from 14 years’ imprisonment to imprisonment for life. We have also supported the introduction of a new offence of causing serious injury by careless or inconsiderate driving, fixing a gap left by previous legislation, which would set the maximum penalty for the offence on indictment at two years’ imprisonment.

I do not want to dwell too much on the contributions made by other speakers today, because it is important to allow the Minister time to speak. Rather than reiterating specific asks from the petitioners, and particularly from Cycling UK, which my right hon. Friend the Member for Exeter (Mr Bradshaw) and my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury) more than did justice to, I want to ask about the full review of the road traffic offences framework that was promised in 2014 but never happened. I have pressed Ministers on that. They failed to provide a timeframe for the review, so will the Minister clarify whether a review will still go ahead and when? As my hon. Friend the Member for Neath said, the time to do it is now. There can be no excuse for further delay. Unfortunately, when it comes to road safety, at the moment the Government are steering us in the wrong direction.

Last week the Department for Transport introduced changes to driving tests, including the removal of the requirement to take a separate test to tow a trailer. My hon. Friend the Member for Bristol South (Karin Smyth) campaigned on that after the death of a young child in her constituency.

The Labour party recognises the urgency of the need to expand testing capacity in the light of HGV driver shortages and the consequent damage to UK supply chains, but we are concerned about the safety implications of such changes. If they do go ahead, they should be temporary.

In the last week or so we have seen a damning report by the Select Committee on Transport on smart motorways. The shadow Secretary of State for Transport, my hon. Friend the Member for Oldham West and Royton (Jim McMahon), and I have met the families of some of those involved in deaths attributable to the lack of a hard shoulder. It is clear that the botched roll-out should be paused until appropriate safety measures are in place so that no other families have to go through the grief that they have experienced.

Lastly, as we have heard, cyclists are especially vulnerable road users. I will not go into detail, but cycling campaigners have raised concerns about the lack of deterrents for drivers fleeing the scene after collisions with cyclists; the inadequacy of sentencing; the car dooring offences; and the ability of drivers to defend their actions by labelling them careless rather than dangerous. I hope that the Minister will address those concerns and set out what consideration the Department for Transport, the Ministry of Justice and the Office of the Attorney General have given to strengthening legal protections. I would like to know in particular what recent discussions have taken place between the Department for Transport and the other Departments that I have mentioned.

I know that many victims of driving offences will be listening closely to the Minister’s response, so I hope he will offer some reassurances that the matter is a priority for the Government. At the moment, as we mark Road Safety Week, it does not appear to be.

--- Later in debate ---

[Andrew Stephenson]

I thank my hon. Friend for that point—I hope he will bear with me, as I will come to that in more detail. Like other hon. Members, I know the strength of feeling in my own constituency, where dangerous driving is a top concern for residents.

Let me be clear: any death or serious injury on our roads is unacceptable, and our deep condolences go to victims and their families. My ministerial colleague Baroness Vere of Norbiton, the Roads Minister, has met families of victims of similar incidents, as well as MPs who are campaigning for their constituents, including my hon. Friends the Members for North Cornwall (Scott Mann), for North Warwickshire (Craig Tracey) and for Truro and Falmouth (Cherilyn Mackrory).

We understand the tragic circumstances that have led to the petitions and to the concern that, in some cases, something is perhaps not working with the law. Although we must do all we can to improve the safety of our roads, we must also be careful that we do not make any rash decisions that could ultimately make things worse, or create other unforeseen effects, in a rush to resolve problems with the way in which the law currently operates.

I will start by turning to the current offence of failing to stop and report. In the case of failure to stop and report, we know that in a small number of cases the failure to stop may be related to an event that leads to death or serious injury to another person, but we must not forget that in the vast majority of cases convictions for failing to stop involve low-level traffic incidents such as hitting a wing mirror on a narrow street. It is only in an extremely small number of cases that there may not be any other evidence to connect the death or serious harm with the driver who failed to stop, meaning that the only offence that they have committed is that of failing to stop and report.

I understand the concerns that have been raised about the matter, which has previously been brought to the attention of my Department. However, increasing the maximum sentence for failing to stop and report, even in a limited scope where there has been a serious or fatal injury, cuts across the basis for that offence. I must stress that the offence of failure to stop and report is designed to deal with the behaviour relating to the failure to stop; it is not provided as an alternative route to punish an offender for a more serious but unproven offence. Increasing the custodial sentence so that it is comparable to sentences for causing death by careless or dangerous driving, or including it in one of those offences, would represent a massive uplift in the potential sentence, for an offence that I remind hon. Members requires no evidence of a causal link between the failure to stop and the death or serious injury.

It must be remembered that where there is evidence that a driver has caused harm, there is already a range of other offences, including causing death by serious injury or dangerous or careless driving, with which the driver can be charged. In those cases, courts can treat the failure to stop as a factor that adds to the overall seriousness of the offending. That can result in the offender receiving a higher sentence. Where there is evidence that the driver knew about the incident and took steps to avoid detection, they can be charged with perverting the course of justice—a common law offence that already carries a maximum sentence of life imprisonment.

[Kerry McCarthy]

Does the Minister have any details on how often that has been invoked? It is one thing to say that they could be charged with perverting the course of justice. Does it ever happen?

[Andrew Stephenson]

It is unwise for Ministers to comment on prosecutorial or judicial decisions. I was reading this week about a case just outside my constituency where somebody who had failed to stop was charged with death by dangerous driving. We need to look at the suite of options for the charging authorities. Simply strengthening the failure to stop and report offence may not be the most effective way of ensuring the justice that I know many families are seeking to achieve.