HC Deb 07 July 1994 vol 246 cc435-6
3. Dr. Wright

To ask the Secretary of State for the Home Department what proposals he has to amend the law on drink driving.

The Parliamentary Under-Secretary of State for the Home Department (Mr. Charles Wardle)

None, Madam Speaker. Existing legislation provides for strong penalties against those who drink and drive. The Criminal Justice Act 1993 increased to 10 years' imprisonment the maximum penalty for those who cause death by drink driving.

Dr. Wright

Is the Minister aware that, as the law stands, the police have no power to require the taking of a sample in a hospital from a suspected drink driver? Can he imagine the distress and disbelief felt by the family of my constituents, Mr. and Mrs. Roberts, who were killed by a suspected drink driver? That person was taken to hospital and the police were unable to take a sample from him. Because no proper charges were brought, the man was able to walk away from court with his licence intact and with a fine of only £400. Is not that an outrageous anomaly? Why did the Government refuse my request to correct it during the passage of the Criminal Justice and Public Order Bill? Will the Minister undertake to do so now?

Mr. Wardle

As was explained during the passage of the Bill, such samples cannot be taken without the patient's consent and the doctors would not allow that. I have every sympathy for the difficulties experienced by his constituents, but that was explained to him during the passage of the Bill.

Mr. Congdon

Given the success in reducing drink driving, does my hon. Friend agree that the danger of introducing random testing is that it would alienate the law-abiding majority from the police?

Mr. Wardle

My hon. Friend is right to highlight the fact that we have had great success with our campaign against drink driving. That is evidenced by the most recent figures, which show that the number of fatalities has dropped by 60 per cent. since the campaign started in the early 1980s. My hon. Friend will appreciate that police officers have the right to conduct random checks of motor vehicles, but that they are not entitled to carry out random breath tests.

Mr. Miller

The Minister must be concerned about the number of incidents in which people have avoided prosecution, except on minor offences. For example, a brother of one of my constituents was killed in an accident, but the driver was charged only with leaving the scene of an accident. Will the Minister look carefully at the different ethical approaches adopted by other countries to see whether a solution can be found to the problem raised by my hon. Friend the Member for Cannock and Burntwood (Dr. Wright)?

Mr. Wardle

The House has already heard that additional sentencing powers were provided in the Criminal Justice Act 1993. The hon. Member will be aware that, last year, 600,000 breath tests were conducted and 15 per cent. of those were positive, so the campaign is proving effective.