HC Deb 27 January 1970 vol 794 cc1183-4
5. Sir G. Nabarro

asked the Minister of Transport whether he will now introduce amending legislation to clarify the law in regard to breathalysers.

48. Mr. Molloy

asked the Minister of Transport if, following the increase in the number of road deaths during the Christmas holiday period, he will now introduce legislation to provide for random breath tests.

The Minister of Transport (Mr. Fred Mulley)

The drink and driving legislation is continuing to be highly effective. In the light of court decisions last month, I have decided not to propose any change in the law at present. Together with my right hon. Friend the Home Secretary, I shall continue, however, to keep a close watch on the working of the Act.

Sir G. Nabarro

Whereas the overwhelming majority of motorists support the right hon. Gentleman in his drive to make drinking and driving legislation even more effective, may I ask if he is aware that there are certain areas of this legislation which arouse grave dubiety in the minds of motorists, the police and the courts, as is evident from the conflicting judgments which have been given in recent months? Will he reconsider this matter with a view to introducing amending legislation this Session?

Mr. Mulley

I suggest that the hon. Gentleman's point about confusion might have been relevant a couple of months ago, when a number of cases were pending in the courts. However, the clear decisions in the House of Lords and the Court of Appeal in December have removed that dubiety and, as far as I am aware, the motorist knows what he can and cannot do and the police are equally in no doubt on this issue.

Mr. Michael Heseltine

May we now take it that the Minister has abandoned proposals to introduce random testing?

Mr. Mulley

The hon. Gentleman must not put it that way because I never adopted any such proposals. I will not have words put into my mouth. I have made it very clear, both inside and outside the House, that I regard the Act as being a real life saver. I will not allow its gains to be eroded. If the Act is not working we will examine it again, but I am satisfied, in the light of recent judicial decisions, that it is working, and I am content to leave it like that at present.