Drug Driving (Assessment of Drug Misuse) Bill

Peter Bottomley Excerpts

Friday 18th October 2013 Commons Chamber

[Graham Evans (Weaver Vale) (Con)]

I beg to move, That the Bill be now read a Second time.

I am grateful for the support that the Bill has received from all parts of the House. The degree of unity shows that this issue affects us and all our constituents equally. I am glad to have this opportunity to discuss such an important subject. We know that lives have been lost in road traffic accidents caused by drivers who are under the influence of drugs.

The review of drink and drug-driving law undertaken by Sir Peter North published its report in June 2010. It concluded that there was

“a significant drug driving problem”,

with an estimated 200 drug driving-related deaths a year in Great Britain. Drug-driving remains a primary concern for the public. In 2011, a new question was added to the British social attitudes survey to seek opinions on drug-driving. Ninety-six per cent. of respondents thought that those who had taken illegal drugs should not drive. Through the tireless work of people such as Lillian Groves’s family and my hon. Friend the Member for Croydon Central (Gavin Barwell), the dangers of drug-driving have risen up the political agenda. I thank my hon. Friend for supporting the Bill.

I welcome the changes that were made in the Crime and Courts Act 2013, which received Royal Assent in April. The Act has made it easier for the police to arrest and prosecute drug-drivers. Before the Act was passed, in order to pursue a conviction for drug-driving, the police had to show that the driver had been impaired—a requirement that can be difficult to meet. The Act brought the legislation on drug-driving into line with the drink-driving laws, which have been very successful in lowering the rate of alcohol-related driving offences.

Our understanding of safety and of the responsibility of the driver has changed dramatically since I started driving in 1981.

[Sir Peter Bottomley (Worthing West) (Con)]

I am grateful to my hon. Friend for mentioning the dramatic and welcome reduction in the number of deaths caused by crashes involving people who are above the legal alcohol limit. Such deaths have come down from about 1,200 a year 25 years ago to about 200 a year now. In cautioning people about using drugs, will he include the fact that some legal drugs and prescribed drugs are incompatible with driving? That might not necessarily be part of the Bill, but people ought to ensure that they do not drive while impaired, whether it is through legal drugs, illegal drugs, drink or tiredness.

[Graham Evans]

My hon. Friend makes a valid point. I will speak about some of the technicalities later in my speech.

Using seat belts has become second nature and the attitude of the public towards drinking and driving has been revolutionised. “One for the road” is a phrase that rightly has no place in our more safety-conscious society. Drug use is now openly part of our society, but it is more difficult to address the attitudes of drug-drivers. In a drink-focused environment, we are aware of the designated driver—usually the least cheerful looking person at the party—and culturally we are conscious of that role, aware of their responsibilities and we do not encourage them to drink. We know that drink-driving is against the law and puts the driver, their passengers and other road users at risk.

In an environment where illegal substances are being used, a similar collective understanding is not necessarily present. I therefore welcome the fact that the 2013 Act reinforces in the popular awareness the dangers of the use of banned substances while driving. The Bill will similarly send out a clear message that drug-driving is unacceptable. However, the prosecution of drug-drivers can overlook the need to address their underlying problems. As a former special constable, I have huge respect for the work that the police do and how difficult their job is. I recognise from my personal experience that dangerous patterns of behaviour by individuals result in repeat offences, and I know that intervention at the right point can sometimes turn someone’s life around.

If we can work with the individual on wider psychological, physical or lifestyle problems, as well as their substance misuse, we can help to prevent further offending. Unless they appear in court, however, there is no mechanism to direct drug-drivers towards the necessary health care and support services that can help them to overcome their drug misuse. That contrasts with the existing approach to require assessments for other types of drug-related offending, such as theft or burglary, that has proven links to class A drug use.

At present, a person arrested on suspicion of burglary or theft who tests positive for heroin, cocaine or crack cocaine can be compulsorily referred for a drugs assessment if the arresting officer believes that would be appropriate. In contrast, someone who is suspected of drug-driving cannot be similarly required to attend an assessment of their potentially harmful drug abuse. The Bill would tackle that gap in legislation. It is about helping to break a cycle of behaviour and doing more to ensure that those found driving under the influence of class A drugs receive the appropriate help. By extending class A drug intervention processes to drug-driving, we may be able to intervene at an early stage and perhaps prevent an individual from committing further crimes and potentially endangering other road users as well as themselves.