157: After Clause 76, insert the following new Clause—
“Alcohol limits
(1) In section 11(2) of the Road Traffic Act 1988 (interpretation of sections 4 to 10), the definition of “the prescribed limit” is amended as follows.(2) For paragraph (a) substitute—“(a) 22 microgrammes of alcohol in 100 millilitres of breath,”.(3) For paragraph (b) substitute—“(b) 50 milligrammes of alcohol in 100 millilitres of blood,”.(4) For paragraph (c) substitute—“(c) 67 milligrammes of alcohol in 100 millilitres of urine,”. (5) In section 8(2) of the Road Traffic Act 1988 (choice of specimens of breath), for “50 microgrammes of alcohol in 100 millilitres of breath” substitute “31 microgrammes of alcohol in 100 millilitres of breath”.”
My Lords, Amendment 157 would insert a new clause to lower the drink-drive alcohol limit in England and Wales from 80 milligrams to 50 milligrams of alcohol for 100 millilitres of blood and to make appropriate adjustments for breath and urine samples too.
I remind the House that I moved a similar amendment to the Road Traffic Act at Second Reading of a Private Member’s Bill on 29 January 2016. A full report is in Hansard of that date—in vol. 768, no. 102. I spoke then for 20 minutes. I reassure noble Lords that I am not going to do anything like that today.
However, on rereading this speech, I was so pleased with the evidence-based arguments that I had advanced—which, as I say, I am not going to repeat this evening—that the more I read it, the more I realised what a shame it was that although the Bill went through this House, and I remind my colleagues here that they voted for it last time around, the Government would not give it time when it went to the Commons for it to be dealt with there.
Since 2015, matters have got worse rather than better, particularly in the last two years. The figures plateaued between 2015 and 2018, but we saw some serious injuries and deaths in 2019—a total of 2,050. A total of 230 people died, up from 200 in 2015, when I last addressed this issue. There was also an increase of 8% in seriously injured casualties compared to 2018. Will the Minister confirm whether the figures I am quoting are correct? If I am not right then I would be pleased to be corrected, but I think I am on the right track.
This country had a very good record in the last century. We led most of Europe. We trailblazed in addressing injuries and deaths on the road and all the aspects of them. However, over the years our leadership has started to diminish. This is in part because we have been unwilling to change. Had we gone back to my 2015 data, I would have been talking about Baroness Castle and the way that she introduced it, and asking how we alighted on the 80-milligram figure. It was plucked out of the air with not a great deal of evidence behind it, and work done subsequently indicated that it was very high indeed and should have been lowered.
We have ended up here, where we see that the rest of Europe is at 50 or below, with some as low as 20, and only two countries—England and Wales and Malta—have retained the figure of 80. The question is: have we done the right thing in persisting with holding to 80? Some of the Scandinavian countries that are doing extraordinarily well in reducing deaths on the road are way down at the 20 milligrams level.
My Lords, I have added my name to this amendment. I declare that I chair the Commission on Alcohol Harm.
This amendment would simply bring us in line with other EU and Commonwealth nations. It has been estimated that this amendment alone could save at least 25 lives a year and prevent 95 casualties. This may not sound like a large number, but the majority of those who die on the road are young adults or children in accidents involving drink-driving. Men are far more likely to have been drinking: 78% of male drivers were involved in drink-drive accidents, against 69% of men in other types of accidents. Where casualties are involved, the numbers are also higher for men—67% where alcohol was involved, against 60% for all reported accidents.
Sadly, Wales does particularly badly, with a higher percentage of casualties in drink-drive accidents than in Scotland or England. When we look at the age of people involved, it is quite chilling. Most of the pedestrian casualties are children and young adults, most of the pedal cyclist casualties are children and young adults, and the motorcyclists are young adults. The car occupant casualty rate is higher when alcohol has been involved in the accident. The drink driver does not only kill themselves; the tragedy is that they will kill somebody else’s child or parent. If death is not the outcome, life-changing injuries often are. It has been estimated that around 5%—one in 20—of all casualties in reported road accidents involved alcohol in one way or another; often at least one driver or rider was over the drink-drive limit.
I look back in horror at my childhood, when “Have one for the road” was said as somebody left the house after coming round for dinner. The accident rate then was absolutely appalling; many people of my age can probably remember somebody who died in one of those accidents. However, if we look at 2019, despite Covid looming across Christmas and the festive season, there were 230 verified drink-drive fatalities, with a provisional estimate of 280 fatalities for that year involving drink. That constituted 13% of all casualties on the road, and there were 7,800 drink-drive casualties, accounting for 5% of all casualties on the roads.
My Lords, I rise to oppose Amendment 157 and speak to Amendment 164 in my name and that of the noble Lord, Lord Brooke of Alverthorpe. I am currently drinking only small amounts of alcohol, so I have no personal interest in this matter.
I have listened carefully to the arguments in support of Amendment 157, but I still do not believe it will have the effect desired. I think that all noble Lords in the Committee will agree that any consumption of alcohol will lead to a deterioration in driving standards and increase the risk of an accident. The noble Lord, Lord Brooke, asked where the current limit comes from. The Grand Rapids study of 1964 showed that the risk of having an accident rapidly increased at a blood alcohol concentration—BAC—of 80 milligrams per 100 millilitres of blood or the equivalent. That is why our current limit is set at that level, and I think that is the correct level.
My understanding is that compliant drivers feel uncomfortable driving with a BAC of more than 30 milligrams. My feeling is that the majority of drivers adhere strictly to a limit of 50 milligrams in any case, and when they are caught driving at more than 80 milligrams, it is often a stupid, but criminal, mistake which can arise for a variety of reasons which I will not weary the Committee with. The evidence for this contention is that when the 50-milligram limit was introduced in Scotland, the initial compliance improved by only 12% and I suggest that when a contravention occurred and was detected, it was often the kind of “mistake” I referred to. In this country, we rightly have severe penalties for exceeding the current limit; it is also socially unacceptable. Other countries, as observed by noble Lords, have a limit of 50, but without the severe penalties, at that BAC, that we have.
After the Scottish Government lowered their BAC limit, the noble Lord, Lord Brooke, and I were very keen to see the data, but, I suspect, for slightly different reasons. I was worried that I might be wrong. If that had turned out to be case, I would be supporting Amendment 157. The Scottish Government commissioned research to measure the effect of their changes to the BAC limit. The conclusions were that the change made no detectable difference to the accident rate in Scotland. I never expected it to, and I will explain why in a moment. The Committee will have been grateful for the frankness of the noble Lord, Lord Brooke, when he touched on this point.
My Lords, I declare an interest as president of the Road Danger Reduction Forum. I support both these amendments. It is absolutely ridiculous that we have such high alcohol limits, and we really ought to bring them down. We should say that no alcohol is permitted when you are driving—when you are in charge of a tonne of metal.
I want to make a small point, but it is something that road safety campaigners care very much about. We have heard the word “accident” used a lot. Road safety campaigners ask that we do not use the word “accident”, because that presupposes that it was accidental. It prejudges the situation, and that is clearly not right when something might come to court. They ask instead that we use the words “incident”, “collision” or even “crash”, but not “accident”. There is also an argument for saying that we should not use the words “road safety”, because that is the solution to the problem; the problem itself is “road danger”. We have to get our head around these differences, because it changes the way we perceive such situations.
My Lords, I will not repeat what I said earlier about my own mother having been killed because of a drunk driver—though I did not mention at the time that I also lost my brother-in-law in a different accident. The people who did this were not dependent, unregulated drinkers at all; they were perfectly normal people, who got behind the wheel of a car when they had been drinking. As the noble Baroness just said, this is not accidental. It is deliberate: these people have a drink and then get into a car.
But things have altered in those 60 years. I mentioned seatbelts earlier, and there has obviously been the breathalyser. When I first started campaigning on this, the Government’s Christmas campaign that year was “Stay Low”—it was not even “Don’t Drink”. So we have made enormous progress, and we should not forget that. But it is a journey, and we have not got there yet. We ought to continue on that journey.
Listening to some of the earlier debate, I heard the argument that the way to solve this is not to use sentencing or to send more people to prison. I have a lot of sympathy with this. I think there are times when prison is right, but what we actually want is prevention: we want to stop people getting in a car after they have had a drink.
Just like the changes I have mentioned, we also have to celebrate the fact that the Government and industry have done a lot. There has been a really good dialogue. There is now zero-alcohol beer—my fridge at home is full of it—that tastes very good. It is not like the early stuff; it is very good. There has been a big investment by industry to make that available—you can now get my favourite tipple, Guinness, with zero alcohol. There is the acceptability of water with meals, and a number of pubs serve coffee. We have to accept that this has been a whole-society move, but, as I say, we should not just stop where we have got to; we need to continue on the journey.
My Lords, very briefly, from my professional experience, there is no safe level of alcohol for a driver. The message should be clear to all drivers that you should not drink and drive. I think that the limit should not be set at zero, because you can still have alcohol in your system the following day and there may be a need for some leeway, but at a level a lot lower than is currently the case. Certainly, the levels that are suggested in this amendment are reasonable. There needs to be a significant reduction in the alcohol limit, but perhaps not set at zero.
The other thing to say—I am sure the Minister will address the Committee on this—is that I am not sure that the second amendment is necessary, as the police are entitled to stop any driver to check their documents. If they then detect alcohol, provided the officer is in uniform, they can administer a breath test. I will leave that for the Minister to confirm.
My Lords, I added my name to Amendment 157. I need to say very little following the speakers today, who have greater expertise than I have—and, of course, the noble Baroness, Lady Hayter, has her own tragic experience to bring to this debate.
I spoke about this issue during Oral Questions last week, and I just want to emphasise a couple of points that I made then. The limit we currently have is 54 years old; the science on which it is based has moved on, and it is outdated. We are not leading the world; we are lagging behind the rest of the world. From Australia to Scotland and the whole of the rest of Europe, we are behind.
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There has been discussion about levels of alcohol. Several decades ago, I was present at an experiment—if I could put it that way—run by the police. I do not think they would do it nowadays, but they took a young woman and, during the course of a social evening, with food, she was given alcohol and they tested her. I hasten to say that this was a residential course—she was not driving anywhere. They tested her to see the levels of alcohol. By the time she got to the point where she would have breached that limit, she was slurring her words and having difficulty standing. That was a very frightening experiment, from my perspective.
Some 13% of deaths on the road are caused by drink-driving, and the noble Baroness, Lady Finlay, has mentioned that Wales has a particularly serious problem with this. I live in Wales as well. Elsewhere in the Bill, the Government are creating new offences, and they are upping the penalties for offences. They want to imprison careless drivers. I cannot understand where the opposition to changing and lowering the limit comes from. If the Government wish to be tough on bad driving, this should be part of it.
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Why do these countries have lower limits? It is because all the evidence shows that 80 milligrams in the blood increases the risk of a driver’s involvement in a collision, by three times for collisions leading to injuries and by about six times for collisions leading to death. Even at the lower BAC level of 50 that I am advancing in my amendment, and I am grateful to my colleagues who are supporting me—the noble Baronesses, Lady Randerson and Lady Finlay, have put their names to this amendment—carries substantial risks for people who are inebriated at that level. It is not an easy ride; it is a risky one. Those levels of risk, if the Government are prepared to accept our figures, would be reduced respectively to about 1.5 and 2.5 times more, by comparison with the figure of 80 milligrams. That is a stark difference.
I ask the Minister to say why the Government declined in 2016 to make the change and whether these academic assessments are right that we are permitting people to legally drive at a limit that is a danger to life and limb and we refuse to change it. Where is the evidence for continuing with what we are doing at the moment?
The Scottish Government, as we are aware, cut the limit to 50 milligrams in December 2014, Northern Ireland has legislated to follow suit, and the Welsh Government would like to do the same if they had permission from us. Initially, Scotland saw a decrease in the number of deaths and injuries, but later reports show that what has been happening there is not quite so encouraging as they first experienced.
I will be very straight about the facts. I am not going to pretend that it produced as good a result in Scotland as we would have liked, but there are some other factors to be taken into account there. They did not run any particularly big advertising campaign to try to drive it home. They did not give any further resources to enforcement. There is a range of things they could have done to make it more effective. Initially, certainly, there was some beneficial change. Lives were saved. If a few lives were saved, I am sure they would argue that it was worth doing. They probably need to do more now. The Minister was nodding. I anticipate that he will quote Scotland and say that they need to keep an eye on it—the Scottish results are not convincing enough for us to change.
I have identified a weakness, and I share the view that enforcement is vitally important. With the help of the noble Earl, Lord Attlee, we have produced a solution on the enforcement front in Amendment 164, to which he will speak at greater length. We always try to be helpful. It is important to cut the number of deaths and the rising number of serious injuries. We must find any possible way to discourage people from drink-driving. Reducing the limit to 50 would be a discouragement. Support for the second amendment, to introduce random breath testing, need not necessarily mean incurring the use of greater resources. We believe that, on balance, it would provide a deterrent which would have a very dramatic effect on the way thatusb people who still continued to drink and drive would respond.
There is evidence from abroad. It has been particularly effective in Australia, where they have followed this practice. Australia had a very bad record on drinking and driving. The introduction of random breath testing has changed it quite dramatically. People no longer drink and drive as they used to do. Lifestyles have changed. We can do the same in this country.
The life of each individual is unique. It behoves us to take every opportunity to end the selfish killing and maiming by drunk driving. There is a particular category of repeat offenders. The reality is that the police often know who these people are, but unless they commit a traffic offence, the police cannot stop and breath-test them. If the second amendment is adopted, along with the first, I believe it would make a quite dramatic change in lifestyles and in respect for each other. Random breath testing would reduce deaths and injuries.
Driving under the influence of drugs is also an important issue to be addressed. We are not endeavouring to do this, or to complicate the issue here. In this context, we are simply dealing with alcohol. We will need to come back and look at people who take drugs. For the moment, this is about alcohol. It is about a relatively modest change with no great requirement for additional resourcing. It is about focusing on the area that really needs addressing. I trust that, this time round, the Government are prepared to support it, rather than to oppose it in the way that they did last time.
In the report from the alcohol harms commission that I chaired we pointed out that in 2017, the Department for Transport estimated that 310 pedestrians and 110 cyclists were casualties in drink-drive accidents, including 60 children aged nought to 15. One police witness, Sergeant Mick Urwin, described the impact of drink driving. Apart from the perpetrators, who lose their licence and often their job and may be imprisoned, the greatest impact is on the family of someone killed or seriously injured by a drunk driver. It is devastating. He explained that
“delivering a death message to a parent, brother, sister, son or daughter to inform them that someone has been killed by a drink driver is not something I ever got used to.”
We had evidence from the ex-wife of an alcoholic about how difficult it was to persuade her children not to get in the car if they thought that daddy had had a drink. Fire officers told us that they now rescue more people from road collisions than house fires, and many of them are due to drunk-driving. A survey by Drink Wise, Age Well of 16,700 people over 50 found that drink-driving was commonplace among high-risk drinkers: 30% reported that they had driven when they thought they were over the legal limit in the preceding year. That is a huge number of people who are aware that they have drunk too much but who think they will get away with it.
If one young parent dies in a drink-drive accident, they are likely to leave orphaned two or three children. Those children’s life chances are seriously damaged, with higher rates of mental health problems and lower school attainment; they are less likely to get into higher education; and they are at a higher risk of suicide later in life—in other words, this year’s drink-driving fatalities leave decades of societal difficulties ahead. The tragedy is that these are avoidable accidents. The simple message: “Do not drink and hold the car keys” is the one to give the public. We all know that simple messages work. We all know that legislation gives messages. That, combined with the simple message that one in eight road deaths involves a driver over the limit, can be enough to bring about the change that we need across society. I do not know of anybody, other than perhaps those in the alcohol retail industry, who objects to lowering the drink-drive limit. We have an NHS that is struggling, a court system with backlogs, and terrible backlogs for psychological support services for young children who are bereaved.
We had a debate earlier about road safety. Nobody will be damaged by lowering the drink-drive limit, but every year hundreds of people will die, and thousands will be damaged, by not acting now. I hope the Government will see it is time to come in line with the rest of the Commonwealth.
The proponents of Amendment 157 will have to explain to the Committee why they think the results in England and Wales would be any different from those in Scotland. According to 2019 DfT statistics, of a sample size of 243 dead drivers, 34% had a BAC of 10 or more, so had been drinking, 25% had a BAC of 51 or more, 23% of 81 or more, 22% of 101 or more, 16% of 151 or more, and 5% were at 200. What these figures show is that most non-compliant drivers are not just slightly over the limit, but far over the limit.
I have argued from the government Dispatch Box that there is a cohort of drivers who are unregulated drinkers. They are clinically dependent upon alcohol, they do not know how much they have been drinking, and they pay absolutely no attention whatever to the legal limits—thus, changing the limit will have no effect on them. The police do not find it very difficult to detect drunk drivers who have made the criminal mistake I have already referred to. They tend to overcompensate and drive too cautiously, and so give themselves away, and thus can be legally stopped by the police. Unfortunately, an unregulated driver is much more difficult to detect. They will drive fluidly for relatively short distances, and therefore with a lower chance of even being seen by the police, let alone being caught.
As proposed by the noble Lord, Lord Brooke, the only way of dealing with and detecting these very dangerous drivers who are unregulated drinkers is for the police to undertake operations where they stop every driver to check that they have not been drinking. I accept that the amendment might not be perfectly drafted, and that some civil rights precautions may have to be put in. However, not only would the police detect more of these very dangerous drivers but the deterrent effect would be considerable. Although it may be imperfect, Amendment 164 achieves this.
Just as the industry has been very good, we should acknowledge what the Government did in the Budget, when they moved to what a number of us have been asking for—oh, for lots of years: that the tax on alcohol should correlate with the strength of the alcohol in the drink. The Government have done that. It will take time for it to be implemented, but we are moving in the direction of understanding that. All of those are great things. It means that there is a much greater choice of drinks, either in the pub or while drinking at home.
However, there is still a problem: people are getting into cars when they have been drinking. I find it extraordinary, even at 50 milligrams. I do not drink at all when I am driving because I know that my foot would simply not hit the brake as fast, even after one drink. I know it would not, so I do not do it at all. Driving round London at the moment, even at 20 miles an hour, I see some cyclists—and I am a cyclist—going round without lights on and wearing dark clothes; you often have to hit the brake very fast. We may need to continue to move that way.
Therefore, I really favour this drop to 50 milligrams. It works very well in France, where much more is done, with proper random breath tests—closing off a road and checking everyone going through. That is what I would like to see. You do not have to do it very often, by the way, just every now and again.
The other possibility—I know we have discussed it in earlier debates—is whether we could move at least to 50 milligrams for new drivers; say, in the first five years of being qualified. My guess is that, once they get used to driving without drinking at all, they would continue that through life. I think some thought and creativity could be given to that.
We need to go further. I hope the Government do not say that they are doing everything they can, that they have an advertising campaign, that everything is brilliant and that we do not need to move any further. While sometimes they have come through Private Members’ Bills, often the changes we have had have been from the Government, whether through Barbara Castle or others. There is a responsibility on the Government to take it a bit further. Therefore, I hope that the response we get will be “Yes, it is time to do more”. And these may be just the two amendments that we need.