HC Deb 20 February 1986 vol 92 cc471-2
11. Mr. Peter Bruinvels

asked the Secretary of State for the Home Department whether he has any plans to seek to restrict the power of magistrates to order the detention of drink-drive defendants in police cells for up to five days; and if he will make a statement.

The Parliamentary Under-Secretary of State for the Home Department (Mr. David Mellor)

We have been considering the possibility of repealing the power in the Magistrates' Courts Act 1980 under which detention in police cells may be ordered for up to four days, and will announce our conclusion before long.

Mr. Bruinvels

Is my hon. Friend aware that there is a lot of concern following newspaper reports about the failure to continue to give magistrates power immediately to imprison in police cells those convicted of drink-driving offences?

Is he aware that there is anxiety that magistrates will be denied the important deterrent of putting these people immediately in prison for up to five days? As more than 1,000 people lose their lives each year through drink-driving-related offences, will my hon. Friend reconsider the suggestion, because we must deter people from drinking and driving?

Mr. Mellor

Of course we must deter people from drinking and driving. The penalty for driving while over the limit is six months' imprisonment. That is not the issue at stake here. The issue is whether policemen who are there to investigate offences should be used as gaolers when we have a prison system to carry out that function.

Mr. Meadowcroft

Will the Minister consider reducing the blood-alcohol level at which drivers are banned?

Mr. Mellor

My right hon. Friend the Secretary of State for Transport is reviewing road traffic law, and no doubt he will consider that matter.

Mr. Bill Walker

Will my hon. Friend bear in mind, when considering this serious matter, that any action taken by the Government must not be construed as going soft on the drinking driver, since that is one of the most dangerous and irresponsible things that an individual can do?

Mr. Mellor

There is no question of going soft on drinking and driving. We made it plain in a carefully thought-out advertising campaign how anti-social and dangerous it is to drive while under the influence of alcohol, and we made it clear that powers are available to the courts to deal with the offence. As I said to my hon. Friend the Member for Leicester, East (Mr. Bruinvels), the issue is whether it should be appropriate for the courts to sentence people to remain in police cells rather than to imprisonment. That is a different matter from that which has been raised in supplementary questions.