Orders of the Day — Road Traffic (Seat Belts) Bill

Part of the debate – in the House of Commons at 12:00 am on 1 March 1976.

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Photo of Mr Peter Fry Mr Peter Fry , Wellingborough 12:00, 1 March 1976

I think I have said enough to show that there is some doubt about the statistics. I believe that such figures tend to be emotive. Every hon. Member is entitled to draw whatever conclusion he wishes from this debate.

This question has perturbed the Minister for a considerable time, and he has made his main stand on improving road safety. We do not criticise him for that, but if he is over-zealous, disadvantages could result from some of the measures that he brings before us. The Minister has presented strong evidence about the number of lives that will be saved and the number of serious injuries that will be avoided if the Bill becomes law. Examples have been given of other countries, and statistics have been quoted from Australia, New Zealand and France. In all those countries the number of fatalities has been reduced. Everyone would agree that the cost to the State of road casualties, let alone in individual suffering, is high, and we all want to find ways of reducing it.

On the other hand—and this applies to hon. Members on both sides of the House—there are those who argue that the number of accidents will not be reduced by the Bill, and that in any case casualty figures are improving. They argue that the issue is not whether wearing a seat belt is desirable. They accept that it is, and they admit that many lives and injuries can be saved by wearing one. They accept that the statistics show that it is better if seat belts are worn, but they say that whilst every encouragement should be given to the wearing of them, that does not necessarily involve compulsion. In putting forward such views they illustrate that the debate is not just over statistics, or even road safety. It is a matter of the relationship of the State to the individual and the individual's right to choose whether to protect himself against danger or to accept a risk of which he is aware.

A whole range of activities such as mountaineering, pot-holing and even carrying out electrical repairs to the home can be highly dangerous. Reference has been made to the personal habits of individuals, such as drinking alcohol and smoking, being dangerous. All those things can cause death, and they can cost the State dearly in terms of medical treatment, yet so far we have not had any legislation to prevent the adult individual from accepting the risks involved in any of those activities.

To persuade the House and, indeed, the British public to accept the Bill will require a more imaginative approach than the mere recital of facts and figures. I think it is only fair to say that those who are strongly in favour of the Bill have their answers ready. They say that it is all very well to agree to people wearing seat bells but if they choose not to do so some alternative must be found to ensure a higher rate of usage. They point to the compulsory wearing of helmets by motor cyclists—and this was referred to by the right hon. Member for Down, South (Mr. Powell)—as an infringement of the right of the individual to decide whether to protect himself.

It is clear that objections from individuals in other countries which have brought in a similar law have not survived. Very often, it has been discovered that after a number of years many of those who originally thought that the legislation was a bad idea have come to accept it, and I therefore believe that it is unwise to say that people in this country will not accept this legislation. None the less, there are some who feel strongly about it. Thus, even within the two major grounds of support and opposition to the Bill—on road safety and on individual liberty—it is possible to find arguments to encourage a contrary opinion, and yet for those who are still uncertain about how to vote, fortunately—or perhaps unfortunately—the debate by no means stops there.

Another main area of contention concerns the enforceability of the legislation. Many hon. Members have commented on the relationship between the police and the public. Everyone will agree that the motoring laws are a main source of friction. Many people believe that the Bill will be a further excuse for stopping motorists and for restricting the individual's freedom of movement. Others, including magistrates and police officers, believe that the introduction of the Bill will lead to enforcement difficulties. I believe that problems of enforcement will arise in our discussions in Committee and when the Minister makes Regulations, particularly those concerning exemptions. If drivers making regular deliveries of a local nature are to be excluded, for example milkmen, would members of the WRVS making meals-on-wheels deliveries near their homes in their own cars also be exempt? That could lead to confusion. The situation would be that someone driving the same vehicle would be exempt from the law on one journey and on another be forced to wear a seat belt. That kind of confusion must be settled before the Regulations come into force.

There are doubts about the Bill because the police might be unwilling to accept another intrusion between themselves and the motorist. Police officers are aware of the difficulties that could exist and they are proud of the good relations they have with the public.

There is an answer to those who have such doubts on enforceability. The countries that have adopted the measure have not found any great difficulties. We are told that in Australia 80 per cent. of drivers now wear seat belts and that in Sweden the figure is 75 per cent., without any noticeable increase in police activity. Compulsion in France was at first restricted to rural roads without urban speed limits. It was felt that there was more likelihood of maximum compliance by drivers using motorways and trunk roads than when they were making short town journeys. The question of the law being acceptable to the motorists was in the minds of the legislators when they framed the law. Only later is it to be compulsory to wear seat belts in urban areas. Although that could be confusing to the motorist, there appears to be a certain Gallic logic in proceeding in that manner because it is a means of obtaining the agreement and co-operation of the public.

There is an even wider variety of points made on the technical arguments. Many people believe that some belts are so badly designed and fitted that they cause danger, discomfort and inconvenience and that considerable improvement in them is needed. It is also argued that the danger is greater wearing a seat belt when a car catches a fire or becomes immersed in water. To those arguments the lobby in favour of compulsion would say that one could wait for ever for the perfect seat belt. In the meantime many lives would be lost and it would be many years before a Bill was introduced. They would also point out that less than 1 per cent. of road accidents involve fire or immersion in water and that without a belt, it is more likely that the driver would be knocked unconscious and therefore unable to escape. Finally, they would say that analyses of accidents tend to show that those where the wearing of a belt contribute to injury are very few.

I have no desire to confuse the House any more. Some hon. Members are very clear in their own minds on this issue. Others regard the matter more in grey terms than in black and white. But there is one further area of disagreement to which I should refer—the attitude of the courts in awarding damages to people injured in road accidents. There is already an established practice of deducting 25 per cent. or 15 per cent. from fixed figures when a seat belt has not been worn, depending on whether wearing the belt would have made all the difference or just a considerable difference. But the nature and cause of accidents vary so much that such a rule of thumb is not satisfactory.

If that is the situation before compulsion, what will it be afterwards? The Minister owes it to the courts to try to answer these difficult questions. Let us, for example, take the driver who is innocent of any fault other than not wearing a seat belt, who is proceeding lawfully down the road and is killed by a drunken driver who is wearing a belt. What damages should be awarded to the family of the driver who was not wearing a belt but was otherwise blameless? If adequate damages are not awarded, what is the State's responsibility to the family?

There are good grounds for taking an attitude either for or against the Bill. Into every apparently certain argument an opponent can insert a doubt to make others pause. How, then, should those who do not see the matter in black and white decide the issue?

Here I should try to explain how I have made up my mind how to vote. Of all the conflicting arguments I have heard, one strikes me as most significant. Many of us have had letters from constituents and talks with constituents who are violently against compulsion. They usually feel that they will escape, or that they have escaped, death or injury through not wearing a belt. From my hon. Friend the Member for Ross and Cromarty (Mr. Gray) we had a personal example. Some people may be mistaken, but some speak from experience. On Saturday I spoke to just such a person who was thrown into the back seat of a car because he was not wearing a belt, and so avoided being crushed by the roof and wheel, which were pushed close together. To such people statistical arguments have little relevance. It does not matter to them that there are only a few accidents of that type.

As legislators, we have a duty to respect the views and thoughts of the minority as well as of the majority. We must decide whether to vote for a measure which would compel the minority to do something which they sincerely believe is prejudicial to their safety. H one person was killed because of the compulsory wearing of seat belts, that section of the community would say that he was killed because of the law. That many lives would be saved by the wearing of belts, or that people should wear them voluntarily, does not detract from that argument.

Although I am ready to wear a seat belt, I am not prepared to disregard the views of that minority. Therefore, I shall vote against the Bill. However, I must make it clear that I am not giving advice from the Front Bench to my hon. Friends. Hon. Members must examine their own consciences as well as the arguments, and vote accordingly. Some of my senior hon. Friends—my right hon. Friend the Member for Yeovil (Mr. Peyton) and my hon. Friend the Member for Aylesbury (Mr. Raison)—have declared that they will vote for the Bill. Naturally, I respect their views, as I hope the House respects mine.

I end with two hopes. The first is that many hon. Members will take part in the Division tonight to see that the House makes a clear decision. The second is that, if the Bill is given a Second Reading, we can in Committee resolve some of the doubts and uncertainties which have been revealed in this debate.