Contribution
It is always a pleasure to serve under your chairship, Ms Lewell, and to be called to speak. I thank the hon. Member for Cardiff West (Mr Barros-Curtis) for securing this incredibly sensitive debate, and I thank all hon. Members for their contributions. By the very nature of life, we will have circumstances in our constituencies where someone has passed away or been killed as a result of a road accident or has died afterwards.
I have to say this: I do not believe that anyone sets out in their car intending to take a life. Tragically, however, it does happen, whatever the reasons may be—from using a phone behind the wheel to driving under the influence of alcohol or drugs. I am old enough to remember when driving under the influence of alcohol was always the reason; then it was alcohol and drugs, or just drugs on their own. In the last few years, the prevalence of motorists using drugs that affect their driving and make them a threat to others behind the wheel, has become a massive issue.
The maximum penalty in England and Wales for causing death by dangerous driving is now life imprisonment, but in many cases, as the hon. Member for Mitcham and Morden (Dame Siobhain McDonagh) says, it is not applied. The hon. Lady referred to the possibility of a mandatory life sentence for the crime. That is probably what I would seek as well, rather than leaving it to the discretion of the magistrate or the judge handing out the sentence. Judges retain a large amount of discretion, allowing them to assess individual culpability. I am not quite sure how that is done. It is not for me to tell a judge that they are doing things wrong, because that is not my way of doing things, nor does my knowledge cover legal matters. However, I do believe that justice in these cases is best served by allowing judges to consider the unique circumstances of each case. It is clear that the system is largely effective, as 95% of those convicted of causing death by dangerous driving are sent to prison. The stats indicate that the majority receive a prison sentence, but often the cases that come to our attention are those in which there is no life sentence or no sending to prison.
I should have welcomed the Minister to his place; I apologise for not doing so earlier. I wish him well in his role, and I hope that Members can get the answers that we seek from him. None the less, we must continue to listen to the concerns of victims’ families, because that is what motivates us all as elected representatives.
As some Members highlighted, offenders can continue driving until conviction after causing a fatality, or can resume driving soon after leaving prison. When offenders receive a sentence and go to prison, it would be appropriate for them to have their driving licence removed. They should not be able to just resume driving as soon as they exit prison, in many cases probably after serving a small sentence. These gaps must be addressed, both to protect the public and to provide greater reassurance to families.
In Northern Ireland, the maximum sentence for causing death by dangerous driving remains 14 years. That should be brought into line with England and Wales, giving our courts greater powers to impose even harsher sentences where they see fit. My Strangford constituency has seen the blight of dangerous driving, with people losing their lives as a result. Just last year, on the same night, two young people were killed in separate incidents: Lucas Trainor, aged 12, and Jaidyn Rice, aged 16. They were two lovely young people and had not even got to the prime of life when they lost their lives as a result of accidents. My thoughts continue to be with both families, whose lives have been changed forever.
Members have explained and retold the stories of families in the Chamber today. The families who have been left behind face the impact every day of their lives. The son of one of my good friends was killed in a different circumstance. I remember that my friend always told me, “Jim, when I go to bed at night, I think of Stuart, and when I wake up in the morning, I think of Stuart.” That is the kind of thing these families do. Something like a vacant chair is very real to them, as are the anxiety, angst and pain in their hearts.
I call on the Government to make jail time mandatory for these cases while retaining some judicial discretion when sentencing. These cases are immensely complex. They cause profound distress to drivers, victims and their families. Although no sentence can ever reflect the loss suffered, the court must be allowed to assign a sentence that is truly reflective of blameworthiness. I thank the hon. Member for Cardiff West for giving us the chance to speak about this issue today, and I look forward to the Minister’s response.