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Iain Duncan Smith
Iain Duncan Smith: ‘This is not, as is often accused by people who say anything about it, anti-cycling.’ Photograph: Alberto Pezzali/AP
Iain Duncan Smith: ‘This is not, as is often accused by people who say anything about it, anti-cycling.’ Photograph: Alberto Pezzali/AP

UK to introduce new offence of causing death or injury by dangerous cycling

Law change not ‘anti-cycling’ says Iain Duncan Smith, who brought the amendment to the criminal justice bill

A new offence of causing death or serious injury by dangerous, careless or inconsiderate cycling is to be introduced.

The law will be changed after a deal was reached between the government and the former Conservative leader, Iain Duncan Smith, whose amendment to the criminal justice bill was backed by 37 fellow Tory backbenchers.

Moves to make it an offence to cause death by dangerous cycling are “urgent” and are not “anti-cycling”, Duncan Smith told MPs on Wednesday, as he referenced the death of Kim Briggs in 2016.

She died in hospital a week after Charlie Alliston collided with her in east London on his fixed-gear bike, which illegally had no front brake.

Alliston was convicted of causing bodily harm by “wanton and furious driving”, an offence under a 19th-century legislation, but he was cleared of the more serious offence of manslaughter.

Duncan Smith was watched from the Commons public gallery by Matthew Briggs, Kim’s husband, who has campaigned for a change in the law and accused the government of fearing a “militant cycling lobby”.

Duncan Smith said Matthew Briggs’ attempt to get a cyclist prosecuted involved a legal process that was so convoluted that the presiding judge had since said it was a “mockery” and that “the laws do not cover what happened to his wife and is happening to lots of other people”.

He added: “This is not, as is often accused by people who say anything about it, anti-cycling. Quite the opposite, it’s about making sure this takes place in a safe and reasonable manner.”

The government said it had agreed to introduce new laws so those who kill or seriously injure people because of dangerous or careless cycling face the same penalties as drivers and motorcyclists.

The Department for Transport will bring forward an updated amendment to the bill as it enters the House of Lords, where it will be further debated.

The transport secretary, Mark Harper, said: “Most cyclists, like most drivers, are responsible and considerate. But it’s only right that the tiny minority who recklessly disregard others face the full weight of the law for doing so.

“Just like car drivers who flout the law, we are backing this legislation introducing new offences around dangerous cycling. These new measures will help protect law-abiding cyclists, pedestrians and other road users, whilst ensuring justice is done.”

Labour was non-committal about the bill, saying it needed to know more about the detail of provision and its potential impact, but the shadow minister for courts and sentencing, Alex Cunningham, told MPs that his party intended to legislate in the area if it came to power.

Cycling groups and some others reacted with caution.

Duncan Dollimore, the head of campaigns at Cycling UK, said: “It’s clear work needs to be done to make our streets safer for everyone, but by tinkering at the edges of reform we will be adding new offences to existing road traffic laws which already aren’t working.

“What we need is what the government promised 10 years ago; an in-depth review of road traffic laws and penalties. Better road traffic laws will help to ensure our roads are safer for all communities. It’s time the government answered our consistent call for a full review.”

Brake, the road safety charity, pressed the government to honour other commitments on road safety.

Lucy Straker, the campaigns manager at Brake, said: “If the government are keen to support Mr Duncan Smith’s legislative review as mentioned, then perhaps they would be keen to deliver on their commitment to publishing a new Road Safety Strategy – which they committed to doing in 2021 – and to which we are still waiting for in 2024.

“In this it would include ways to reduce the number of people being killed and seriously injured on our roads (however they choose to travel) and help people find healthy and safe ways to travel.”

This article was amended on 22 May 2024 because an earlier version misnamed the shadow minister for courts and sentencing, Alex Cunningham, as Jack Cunningham.

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