---

Drug Driving (Specified Limits) (England and Wales) (Amendment) Regulations 2015

I thank the Minister for her explanation of the order, which specifies amphetamine as a controlled drug for the purposes of drug-driving and sets a limit above which it will be an offence to drive. We support the order but I have one or two questions about the Explanatory Memorandum—which, before I go any further, I accept may reveal that I have not understood it.

Paragraph 7.3 of the Explanatory Memorandum says:

“Fewer than 2,200 proceedings were brought in 2013 under the existing section 4 impairment offence, with the proportion of guilty findings from the proceedings at only around 54%. This is

compared to the 44,700 proceedings for the section 5 drink driving offence and the 96% proportion of guilty findings”.

However, the Explanatory Memorandum for the Crime and Courts Act 2013 (Consequential Amendments) (No 2) Order 2015, which deals with penalties and was debated on 24 February, contains other figures. I am not clear on this. Can the Minister indicate whether I am comparing apples with apples or apples with pears? Paragraph 7.1 of that Explanatory Memorandum says:

“Fewer than 1,200 proceedings were brought in 2013 under the existing section 4 RTA ‘impairment offence’”.

It goes on to refer to the proportion of guilty findings from the proceedings of being unfit through drugs as being only around 72%, whereas the Explanatory Memorandum for this order quotes a figure of 54%. Today’s order refers to a comparison of 44,700 proceedings for the Section 5 drink driving offence, whereas the one in February said this is compared to the nearly 47,000 proceedings in relation to that RTA offence. I fully accept that I may not be comparing like with like, but I would be grateful if the Minister could comment on the different figures and whether I am making a fair comparison—in which case I am asking why they are different—or whether the figures relate to different issues, in which case it would be helpful if the Minister could explain in what way they differ.

In her detailed and thorough explanation of the background to this order, the Minister made reference to the increase in the original intended limit of 50 micrograms per litre of blood to 250 micrograms, and gave the reasons for it. The reasons for it, basically, were to address the point of not discouraging the legitimate use of amphetamine for medical purposes. Bearing in mind the original limit of 50 micrograms, which I think the document says was favoured in a majority of responses, I am not clear about to what extent one would expect an individual’s driving to be further impaired if they were at the new proposed limit of 250 micrograms per litre of blood rather than 50 micrograms. I appreciate that the Minister sought to address this in her introduction, but I would like a bit more clarity.

5 pm

What I am trying to get at is whether there is not a great deal of difference between 50 and 250 micrograms when it comes to the level at which driving may be impaired or whether, in fact, there is a considerable difference in the effect that it would have on the individual’s driving. Obviously, if it is the latter—I do not know, which is why I am asking the question—the increase to the higher limit increases the risk to other road users, including pedestrians, as well as to the individual himself or herself. Although the Minister sought to comment on the issue in her introduction, I am not sure that the evaluation of the increased risk is dealt with in the Explanatory Memorandum. I would be grateful if the Minister could comment on what effect the increase from 50 to 250 micrograms could have on an individual’s driving. How much more is it impaired while still being within the limit?

The Minister also raised the issue of the further consultation. It would have been the third formal consultation, I think, and was intended for September last year, but it did not proceed on the basis that

extensive discussions had already been held with medical stakeholders. So when was the decision not to reconsult on a limit for amphetamines made, as had originally been indicated would happen, and why has it taken so long since September 2014 to bring forward this order? A formal consultation could have been held since then and we could still have this order today, as we are six months on from September 2014.

I think this is being said slightly with tongue in cheek, so no doubt the Minister can take it in that regard, but paragraph 10.2 of the Explanatory Memorandum says:

“The cost will be offset by casualty savings where we estimate 84 fewer fatalities, 331 fewer serious injuries and 843 fewer slight casualties over a 20 year period”.

Those are remarkably precise figures for somebody making an estimate of what is going to happen over the next 20 years. I simply ask the Minister what credibility she attaches to figures that are quite so precise as to what will happen over that period.

One other thing I wanted to do was to ask for clarification as much as anything on Paragraph 8.2, which says:

“The Government informally consulted with the medical community, particularly those specialising in the treatment of ADHD based at Kings College London, regarding what amphetamine blood concentration levels would typically result from legitimate medicinal usage and based on that advice has concluded that a limit of 250 micrograms,

per litre of blood, should be the limit. That does not actually say what answer was given to the question that was asked of the medical community regarding what amphetamine blood concentration levels would typically result from legitimate medicinal usage. What was the specific answer to that question, on which the Government came to the conclusion that the limit should be 250 micrograms? Was the answer 250 micrograms, or was it a different figure to the one that the Government have now fixed the limit at?