Lord Marks of Henley-on-Thames:

Moved by Lord Marks of Henley-on-Thames

141: After Clause 41, insert the following new Clause—“Suspension of driving licences during bail for driving related offences(1) This section applies where an individual has been granted bail in respect of one of the following offences—(a) an offence under section 1, 1A, 2B, 2C, 3ZB, 3ZC, 3ZD or 3A of the Road Traffic Act 1988;(b) an offence under section 4, 5 or 5A of the Road Traffic 1998.(2) The court may, as a condition of bail, suspend the driving licence of the individual, pending the outcome of any criminal proceedings.”Member’s explanatory statementThis new clause would allow the court to suspend the driving licence of an individual charged for certain driving offences, pending the outcome of the trial.

My Lords, this Amendment, in the final group of what has been a very long afternoon and evening, would give the power to a court when granting bail to a defendant charged with the most serious driving offences to suspend that defendant’s driving licence pending the outcome of criminal proceedings.

To recap fast, the offences covered by the amendment are: causing death or serious injury by dangerous, careless or inconsiderate driving; causing death by driving unlicensed or uninsured or when disqualified, or by careless driving when under the influence of drink or drugs; driving or being in charge of a vehicle while unfit through drink or drugs; and driving or being in charge of a vehicle while unfit through having alcohol over the limit or controlled drugs over the limit.

The reason for this amendment is obvious. When a court grants bail, it is carrying out an exercise of balancing the public interest in not prejudging the guilt of a defendant before that defendant is tried against the other public interest of keeping the public safe. I contend that the balance is clear when a power formally to suspend the driving licences of defendants charged with these offences is under consideration. These are life-threatening driving offences, and suspending a licence as a condition of bail for such a defendant is entirely appropriate. The suspension may not always be imposed but for the power to be there seems quite clearly desirable. I beg to move.

My Lords, I am grateful to the noble Lord, Lord Marks of Henley-on-Thames, for bringing forward this Amendment. It proposes as a condition of bail to allow the courts to suspend the driving licence of individuals charged for certain driving offences. The offences in question include causing death or serious injury by dangerous driving or by careless or inconsiderate driving, or by unlicensed, uninsured or disqualified drivers. In addition, it includes those charges relating to driving when under the influence of drink or drugs or above the prescribed limits.

Safety on our roads is of prime importance, and the police have the ability to impose driving bans as a condition of bail under the Bail Act 1976 to ensure that further driving-related offences are not committed by those charged while criminal proceedings are ongoing. Indeed, driving offences committed while on bail are rightly treated as a serious matter. None the less, the potential benefits of public safety must, in a country where you are presumed innocent until proved guilty, be balanced with the rights of an as yet unconvicted defendant. Individuals who are granted bail may be on bail for extended periods of time, during which they may, assuming that other conditions on work have not been put in place, still have to drive to their place of work, for example.

So far, the powers to impose a driving ban as a condition of bail have been operational matters for the police. That said, allowing the court to suspend the driving licence of an individual as a condition of bail pending the outcome of any criminal proceedings would be a preventative step to reduce the risk of further driving-related offences being committed. We thank the noble Lord for initiating this debate and look forward to the Government’s response.

I thank the noble Lord, Lord Marks, for this Amendment, which seeks to give courts an express power to suspend the driving licence of individuals charged with specified driving offences as a condition of bail. We recognise that driving offences can have devastating consequences for victims and for their families and friends. Driving while under the influence of alcohol and drugs is a serious offence with potentially life-changing consequences.

There are already robust powers available to the police and the courts to impose bail conditions where there is a risk to public safety. This includes restrictions on driving where appropriate. In certain cases, courts may also impose an interim driving disqualification before sentencing. Road safety remains an absolute priority for this Government. The Department for Transport will shortly publish a new road safety strategy, and the Secretary of State for Transport has indicated that this will include a review of motoring offences. While I appreciate the importance of the issue raised by the noble Lord, given the forthcoming strategy and existing powers available I urge him to withdraw this amendment.

I ask the Minister to consider this. The power to suspend that is sought by this Amendment would be a power exercisable by the court and therefore reportable to the DVLA, as a result of which the driving licence would be formally withdrawn. I am not sure that is true of a ban on driving imposed by the police as a part of bail. That is the importance of the suspension that I suggest.

I thank the noble Lord and will very happily meet with him next week to discuss that, as I suspect that there may be other matters that we wish to discuss on this Bill. I would be very appreciative of that.

Pending those discussions, I beg leave to withdraw my Amendment.

Amendment 141 withdrawn.

Clause 42: Deportation of foreign criminals

Amendment 141A not moved.

Clause 42 agreed.

Amendment 142 not moved.

Amendments 143 to 145 had been withdrawn from the Marshalled List.

Amendments 146 and 147 not moved.