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Road Safety Bill [HL]

My Lords, we are coming back on the substantive issues, but we are where we are. I described to the House the effect of the amendment that was passed and the change to the Bill that the other place then considered. The noble and learned Lord disagreed with the Government on the issue of principle, and I am sure that he is likely to express that disagreement in some form this evening. The Government stand by the principle behind this part of the Bill. We had a manifesto commitment to, "““introduce much tougher penalties for those who cause death by careless driving””." The effect of the noble Lords’ amendment would be that the penalty available on summary conviction where a death has occurred would be no higher than the penalty available for simple careless driving. That is not an acceptable position, so far as the Government are concerned. Public anxiety about careless driving that results in death is very well documented. We made it clear at the last general election that we thought that there was sufficient public disquiet for us to put to the nation our intention to toughen the penalties. The amendment would take that away. We maintain that there is great public anxiety about the amount of careless driving that results in death. Although I shall argue about certain aspects of the amendment in detail, the issue between us is one of principle, and I will not gain a great deal by articulating that principle at great length this evening. I did not achieve a great deal last time, although I spoke at great length. Nor, might I add, did all those who contributed at length last time persuade the Government to adopt a different position. What the Government are expressing at this stage, and what I am stating from the Dispatch Box, is that the amendment strikes at the heart of a principle on which we have based this legislation and which we feel justified in pursuing. Certain aspects of the noble Lords’ amendment should cause the House disquiet. The discontinuity between the maximum sentence available summarily and on indictment could have unfortunate effects. One possible consequence of the amendment is that any case that magistrates thought might warrant a custodial sentence, however short, would be sent to the Crown Court for trial. Trying more cases in the Crown Court would add to the expense and would run contrary to views expressed during the consultation exercise, principally by the legal profession, that the magistrates’ courts should continue to be able to deal with most of these cases. Indeed, this is what prompted us to make this offence triable either way. In addition, under changes made to magistrates’ powers under the Criminal Justice Act 2003, which have not been implemented yet but shortly will be, if a magistrates’ court decided to accept jurisdiction in a contested case but found, on trying it, that a custodial sentence was justified after all, it would, under the amendment, cease to be able to commit that case to the Crown Court for sentence where it considered its sentencing powers to be insufficient. We would therefore be presented with a real and obvious difficulty. I appreciate noble Lords’ concerns—how can I fail to after the articulate way in which those concerns were expressed when we last discussed these matters in this House?—about the ability to impose a custodial penalty for this offence and the factors that would warrant such a sentence. That is why, as a result of the very informed debate and the cogently argued case that was put, for which I pay tribute to the House, we have asked the Sentencing Guidelines Council, which is charged with publishing definitive sentencing guidelines for all criminal offences in England and Wales, to consider this issue very carefully. It will also review the existing guidelines for the offences of causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs. This will ensure that the courts are aware of how these offences work together and what factors to consider when sentencing. It is crucial that sufficient sentencing options are available to the courts—I emphasise that sentencing options are what are being provided. That is why I hope that the House will agree to government Amendment No. 6, which restores the drafting of Clause 20 to its previous state. It is strongly supported by the Magistrates’ Association, which wrote to the Home Office, following the acceptance of the noble Lords’ amendment, to express its view that that decision should be reversed. That, of course, is what the Government are seeking to do today. It is also supported by the Parliamentary Advisory Council for Transport Safety. To conclude, not only has this issue been the subject of considerable interest and debate at a general election that gave the Government a clear mandate to act in this area, but we have very substantial support from interest groups concerned with these issues. There are real attendant disadvantages to Amendment No. 6A, which the noble Lord, Lord Hanningfield, will shortly move. Moved, That the House do agree with the Commons in their Amendment No. 6.—(Lord Davies of Oldham.)