§ 39. Mr. David Marshallasked the Solicitor-General for Scotland how many drivers were prosecuted for drink-driving offences alleged to have been committed between 24 December 1985 and 3 January 1986.
§ The Solicitor-General for Scotland (Mr. Peter Fraser)As at 22 January 1986, 22 offenders had appeared in court and proceedings have been instituted against another 15 in respect of drink-driving offences committed during the period to which the hon. Member refers.
§ Mr. MarshallCan the Minister say how many of those cases were just above the limit, how many a fair bit above the limit and how many a great deal above the limit? Is he aware of the very large increase in drink-driving offences since the new year, especially in Strathclyde? Will he guarantee to wage war on drunk drivers all year round and not just during the festive season?
§ The Solicitor-General for ScotlandI regret that at this stage I cannot give any idea of the levels applying in the particular cases. As the figures that I have given relate only to cases that have already reached the procurator fiscal or gone into court, I expect that there will be a considerable number in addition to that. As I told the House recently, in 1984 the total number of people successfully prosecuted for drunk driving in Scotland was about 13,500. As far as I and my noble and learned Friend the Lord Advocate are concerned, there will certainly be no let-up in the prosecution of those who drink and drive.
§ Mr. HirstDoes my hon. and learned Friend agree that the message from the Scottish police forces at Christmas that they intended to get tough on drunk drivers was successful in making people think twice about drinking and then driving? As so many road accidents after dark are drink-related, does my hon. and learned Friend agree that it is an acceptable infringement of personal liberty for the police to be able to carry out random breath tests at the roadside?
§ The Solicitor-General for ScotlandAt the moment it is difficult to say whether the campaign has been wholly successful. The point that I should like to emphasise to my hon. Friend, and more generally, is that I do not believe that it is simply a campaign that needs to be waged at Christmas and the new year. It must be maintained throughout the year, because, contrary to popular belief, there is still an unhappily high incidence of drink-driving at other times. On the matter of random testing, I think my hon. Friend will appreciate that it is not strictly a matter for me. However, he may already be aware that under the Road Traffic Act 1972 the police have a general power to stop such people from driving.
§ Mr. Willie W. HamiltonDoes the Minister recall the case that I brought to his attention where a drunken driver who was three times above the limit killed a 69-year-old woman in my constituency and was given a slap over the wrists for it? Does he not recognise that there is widespread anger throughout the United Kingdom over the leniency of sentences given to those potential murderers? What steps are the Government taking to see that sentences reflect the seriousness of the case against the drivers? Can the hon. and learned Gentleman give any figures of the sentences imposed on such people during the winter season, over the Christmas season in particular, and over the year in general in Scotland?
§ The Solicitor-General for ScotlandI certainly remember the case to which the hon. Gentleman and many of his hon. Friends have already referred. I think he will appreciate that in Scotland we try to separate the prosecution and the judiciary as rigorously as possible. Accordingly, it is inappropriate for me to comment on any sentence. However, I take into account what he has to say and the feelings that are expressed by others on this matter. That is always taken into account when deciding whether a particular case is more appropriately dealt with summarily, by a sheriff and jury or possibly by the High Court itself.