Pedicabs (London) Bill [HL]
Wednesday 8th November 2023
(5 months, 3 weeks ago)
Lords ChamberRead Full debate Pedicabs (London) Act 2024 Read Hansard Text
Pedicabs (London) Bill [HL]
Wednesday 22nd November 2023
(5 months, 1 week ago)
Lords ChamberRead Full debate Pedicabs (London) Act 2024 Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Lord Davies of Gower
That the Bill be now read a second time.
The Parliamentary Under-Secretary of State, Department for Transport (Lord Davies of Gower) (Con)
My Lords, this Bill will correct a long-standing anomaly where pedicabs are the only form of unregulated transport operating on the streets of London. Pedicab regulation in the rest of England and Wales is done under taxi legislation. However, a legal quirk has meant that pedicabs within London are classed as stage carriages. These are captured under the Metropolitan Public Carriage Act 1869, but that Act’s provisions do not permit their regulation. The reality is that legislation has failed to keep up with the emergence and nature of this industry, making this Bill a small but important addition to the statute book.
Pedicabs have an important role to play in London’s transport mix. They are a quick, green option for Londoners and for tourists looking to get from point A to C via B, while taking in the sights of this wonderful city. They complement London’s vibrant night-time economy, and the entrepreneurial spirit shown by many operators demonstrates the opportunities available to those willing to work hard and get on.
Despite the lack of regulation in this sector, there are hard-working and reputable operators who support this legislation and look forward to working with Transport for London in making the pedicab industry a reputable and respected place to work, providing a safe and reliable road transport option for short journeys in the heart of London. However, as happens all too often, the actions of a few have far-reaching consequences and tarnish the reputations of the majority. We have all seen news reports of unwitting tourists being charged hundreds of pounds to go from Covent Garden to Leicester Square, or being confronted with a bill from Oxford Circus to Marble Arch that would make that pedicab ride the most expensive transport mode in the UK on a per-mile basis.
The consequences are felt not only by visitors but by all who call this city home. Unscrupulous pedicab operators are the cause of nightly misery. They are responsible for noise pollution; for blasting loud music at all hours of the night; for making our pavements hazardous; for congregating in large groups to block footpaths, endangering other road users and pedestrians alike; for cycling recklessly, using potentially unsafe vehicles and generally operating in a way that is not in keeping with the image that London projects to the world. The Bill equips Transport for London with the tools it needs to tackle the anti-social, unsafe and nuisance behaviours found in the pedicab industry. It achieves this by conferring powers on TfL to make regulations concerning the use of pedicabs in public places in Greater London.
It will be for TfL to determine the precise details of a regulatory regime. However, the Bill will allow Transport for London to bring forward measures covering matters such as: the licensing of pedicabs, pedicab operators and drivers, including the conditions placed on licences, their duration, renewal, revocation, and suspension; the fares charged for pedicab services and when and how passengers are made aware of these; and requirements for pedicabs, operators and drivers. This will cover eligibility requirements for operators or drivers, safety and operational standards, such as what equipment must be carried on a pedicab, and their appearance. It will also cover testing, speed restrictions and the working conditions and conduct of drivers. It will cover the operation of pedicabs, including specifying times and places of operation; the provision of publicly available information about licences or the pedicabs, operators or drivers to which they relate; and enforcement of the regulatory regime, which covers the creation of offences and/or civil sanctions, and corresponding rights of appeal for pedicab operators and drivers against enforcement decisions.
Furthermore, the Bill requires that any pedicab regulations brought forward by TfL include provisions corresponding to those in the Private Hire Vehicles (London) Act 1998, in relation to immigration status. This will ensure that those working in the industry have been subject to right-to-work checks. These provisions will provide Transport for London with powers to effectively regulate London’s pedicab industry for the first time. In designing the regulations, Transport for London will be required to conduct a consultation, and any proposals will be subject to parliamentary scrutiny via the negative resolution procedure. This Government have been unwavering in our commitment to bringing forward this legislation when parliamentary time has allowed. I am pleased that the legislative timetable has now allowed for this common-sense Bill to be considered for inclusion on the statute book and I beg to move.
Lord Berkeley (Lab)
My Lords, I welcome the Bill. I am a cyclist, an occasional electric scooter user and of course a pedestrian, and it is certainly needed. I have been in a pedicab too. I do not know how many other noble Lords have been in pedicabs. I do not see many hands going up around the Chamber, but they are actually quite fun when they are driven safely. However, they are just one kind of personal transport that we use, and I hope will continue to use, and they must be safe, they must be reliable and they must of course not upset other road users and transport users to a great extent. We can discuss how upset people get, I am sure.
One issue that needs addressing at the start of the Bill is the definition of a pedicab. We see a lot of freight pedicabs going around these days, but they are excluded from the Bill in Clause 1(2) as long as they have only one driver and nobody is paying to sit on the pillion, if you can call it that.
We must try to make sure that this legislation applies to future trends in transport that we are seeing. Can the Minister explain why we do not yet have any legislation on electric scooters or electric bikes—on where and how you use them, where you park them and whether the batteries catch fire when you just look at them, as happens occasionally? I have a Brompton electric bike and was excluded from One Great George Street last week. I am a member of the Institution of Civil Engineers, which owns that building, but was told, “You can’t bring your battery in here; you have to leave it outside”. I said, “You can leave it outside and bring it back for me”. “No, you leave it outside or carry it with you into reception.” If I went into reception with the Minister there, carrying my battery which is likely to catch fire, is it a good thing that the Minister catches fire as well? It is a crazy solution. It has been changed now, but there need to be some rules on this. Brompton has them, but others do not. I am very sorry that there is nothing in the Bill about that.
I welcome the Bill, but we must be careful that we do not allow TfL, in its present state and management— I have no worries about it, as it does very well—to avoid having pedicabs around at all, as there are similar arrangements in cities around the country which you get the feeling are making regulations to do that. I accept that they charge unsuspecting tourists, get in the way and park in the wrong places, et cetera, but in future people may well use them just for personal transport, if they feel like it. It is an option. Just as we are now quite rightly not supposed to park electric bikes in the wrong places in London, it is quite right that there should be rules not to park pedicabs in the wrong places. That is a good thing, provided that it is not a regulation dreamed up by the taxi industry to avoid competition. I am sure that noble Lords feel it is important that competition in moving around any city is fair and that there are regulations as necessary. I hope we can look at this in Committee to make sure that the Bill complies with that.
It concerns me that something is missing from the Bill. What is its objective and purpose? It is a new regulatory framework that is not very different from what we have in other cities, and the regulations do not look onerous. Some of them, particularly on charging, certainly need bringing in, but we also have to make sure that it is proportionate. I hope the Minister will consider something along the lines of an objective for the Bill and the regulations, such that we have responsible operators and try to weed out the irresponsible ones while making things proportionate to what is used in other countries and current taxi regulations. This is a really good opportunity, although lots of things are missing, as I said earlier.
The only other issue which we need to look at is the limits of where these things can operate. Presumably, it will be within the whole TfL area, which one would assume is reasonable, but where can we park them? When I look for somewhere to park round here, my hired electric bike has nice dials on the handlebars which tell me where I cannot park—that includes, of course, outside your Lordships’ House, which is a bit irritating but probably a good idea. Then I go down Millbank, to a place where “P” comes up on the bike to tell me that I can park there. People want to be able to park these bikes as close as possible to where they want to go and have them available. We need to look at where they can be parked convenient to those who want to use them—not just tourists but others as well. I hope that this comes into some of the objectives.
As for the rules on who can drive them, Clause 2(9), which says that regulations may impose requirements on drivers or operators, is very important because some of them are, shall we say, not very good at the moment.
Overall, if we examine this in Committee, as I am sure we will, it will be a really good Bill. I hope that, when the Minister replies, he will agree to look at the issue of objectives and at making sure that we can balance the rights and responsibilities of drivers and pedestrians with what may be proposed, and that if someone who hates the things is appointed to TfL, there is no opportunity for them to cancel them completely, which would be a shame. I am sure that is not the Government’s objective, but with a future Government in a few years’ time, who knows what can happen. I am sure it would not be done under a Labour Government —we love pedicabs—but it is just something to add. I am very pleased to support the Bill.
Baroness Stowell of Beeston (Con)
My Lords, the noble Lord, Lord Berkeley, sets out a case for the future when it comes to pedicabs, and I will come to some of his points a little later. I am going to focus my remarks more on why there is a case for this legislation now.
Before I get to that, I welcome my noble friend the Minister to his new position and wish him every success as the Minister for Transport in this House. I also want to welcome the Bill. It is something I have long championed—some noble Lords may remember I tabled amendments during the passage of the Police, Crime, Sentencing and Courts Bill to try to introduce some form of regulation. I apologise in advance to any noble Lords who may feel, when they hear what I have got to say today, that they have heard me make these arguments before. I must also congratulate my honourable friend Nickie Aiken, the Member for the Cities of London and Westminster, for her relentless campaigning for legislation to enable regulation of pedicabs by Transport for London. I commend Nickie Aiken’s determined effort to make sure that the Government honoured their commitment to legislate in government time when her own Private Member’s Bill was, in my mind, unfairly thwarted two years ago. I cannot stress enough how hard she tried to get her Private Member’s Bill over the line, and she very nearly succeeded where many before her had unfortunately too often failed. Today is a good day for her constituents in Westminster and the City of London.
My noble friend the Minister has already explained why primary legislation is needed to enable TfL to act and he put the case for the legislation quite clearly. I am going to be probably more blunt than my noble friend. He said that pedicabs or rickshaws are the only form of public transport in our capital city not currently regulated. To be clear, as things stand these vehicles need no insurance, there are no police or criminal record checks on the drivers and they can hang around in gangs wherever they want, blocking pavements and sometimes being threatening in their behaviour. Some pedicab drivers have been involved in criminal activity, and the lack of registration of them or the vehicle owners makes them quite useful to organised criminal gangs. They drive recklessly—the wrong way up one-way streets, and I have also seen them on pavements. Their involvement in hit-and-run incidents is not uncommon and, without the need for vehicle safety checks, some are unfit to be on the roads. There is more. Pedicabs can charge passengers whatever they want, and there is plenty of evidence of them ripping off tourists. Then, there is the sheer nuisance and disruption that many cause to local businesses and residents from the excessively loud music they play—and when I say loud, I mean loud.
These unchecked, unlicensed and unregulated vehicles are allowed to ply for trade on our streets in direct competition with our heavily regulated black cabs. That is what gets me. I should make it clear that I have no interests whatever to register; I am not even a resident of Westminster. However, I believe that black cabs, which are synonymous with London around the world and an important part of our reputation internationally for quality and high standards, are for ever facing more regulations and new road restrictions, while vehicles and drivers which too often are a disgrace to our reputation have been allowed to operate without having to comply with any law, regulation or rule. Finally, we are going to do something about it.
I come now to the remarks of the noble Lord, Lord Berkeley, and indeed those of my noble friend the Minister. There are some reputable pedicab firms that want to provide a quality service and do, and my noble friend paid tribute to them. They will prosper in a regulated market. I add that new forms of public transport and the arrival of technology mean that our black cabs too must keep pace with modern public expectations and expect to compete for custom. No one has a guarantee to exist or can afford to be complacent, but there should be a level playing field. As the noble Lord, Lord Berkeley, says, in this modern world there will be an appetite for different forms of public transport that some people may prefer because of environmental questions.
I hope that my noble friend the Minister and I have been able to demonstrate why the word “scourge” was a worthy description of the current situation and that the Bill’s inclusion in the King’s Speech is justified. In my mind, this Bill represents something far bigger than just putting pedicabs on a regulatory footing: it is righting a wrong. This Bill stands up for the law-abiding, who all too often are unfairly affected by regulations that we always seem to find the time to introduce, by ending the impunity enjoyed by those who flout our laws because we have not legislated to stop them and making sure that the authorities cannot stand by.
Before I conclude, I have two questions for my noble friend. First, what is the expected timeline for TfL being able to introduce the much-needed pedicab regulations? Secondly, could he explain why the provisions that the regulations may make, as outlined in Clause 2, do not include the amplification of music? That is currently not specified on page 2 of the Bill. Overall, I welcome the Bill. We have waited for it for too long, and I am very pleased that the Government have brought it forward. I thank them for doing so.
Lord Blencathra (Con)
My Lords, it is a delight to follow my noble friend Lady Stowell of Beeston, who has made a very powerful case for this Bill. I give my full support to this trivial little measure, although I did feel sorry for His Majesty during the Loyal Address: he waited 70 years to make a Speech and he had to read out this little Bill. Nevertheless, I support what the Bill is seeking to do.
These things bring this aspect of London into disrepute. They are usually noisy, garish, hold up traffic already ground to a halt by TfL’s obsession with one-way streets and cycle lanes, and in far too many cases they rip off tourists. Why anyone would get into one without first checking the price and then hand over £500 without creating a fuss and calling the police, I simply do not understand. However, I accept that many foreign tourists will be scared to argue, and if they are paying by card then the crooks driving these things can easily add extra zeros.
I was warned about taxi scams when I monitored the elections in Turkey a few years ago, and I was told to video with my phone any notes I handed over, since the cabbies would say that I had given them only 10 liras instead of 100 liras.
Many years ago, when I could still walk, I came out of a restaurant in Regent Street at about 10.30 pm and could not find any black cabs anywhere. I broke my usual rule and took one of those cars from shifty, little guys offering cheap taxi services. We agreed £8 to get me from Regent Street to Marsham Street, but when we were on Victoria Street, he said that it was now £24. I said, “Not on your life, pal”, but he insisted that it was £24. So I said that I wanted to change my location and asked him to drop me off at the junction of Caxton Street and Broadway. When we stopped there, I pointed out the revolving, triangular Scotland Yard sign and said that I was popping in to report him. He told me to get out of the taxi immediately, and he drove off without taking any payment. I accept that the Bill can clamp down on similar pedicab rackets, and I therefore support it.
But are there any good points about pedicabs? They move slowly, unlike e-bikes and e-scooters. You can usually hear them, because they make an infernal racket with loud, raucous music, unlike e-bikes and e-scooters. Of crucial importance, they have not killed a single person —as far as the department knows, according to a Written Answer to me—as opposed to the silent killing machines of e-scooters. That is why I call this a trivial little measure: we have in front of us a full-blooded government Bill, which will go through all stages in both Houses of Parliament, to deal with a menace that has not killed a single soul, while we are doing absolutely nothing about banning e-scooters, which have killed more than 25 people over the last four years and seriously injured over 100 more.
These are statistics I have on a regional basis: in the east of England, there has been one death and 11 serious injuries; in the east Midlands, three deaths and 24 serious injuries; in the north-east, one death and three serious injuries; in the north-west, five deaths and 24 serious injuries; in the south-east, including London, 10 deaths and 36 serious injuries; and in the south-west, four deaths and 15 serious injuries. I do not have the figures for the West Midlands, but I think that they are almost the same as for the south-east.
What we can say for certain is that, since 2019, more than 25 people have been killed by e-scooters, with more than 100 seriously injured and about 400 with other injuries. By serious injuries, I do not mean broken legs; I mean life-changing injuries with permanent brain damage or being confined to a wheelchair. Many of those were children, mown down by thugs on e-scooters authorised by government trials or used illegally as privately owned vehicles. I have a full Excel spreadsheet with all the statistics across the regions that I will forward to my noble friend the Minister. I will not mention the number of dogs killed and injured, since that would make me too angry in this noble House.
I want to amend this little Bill to tackle the far greater problem of innocent people not being ripped off financially but being killed and injured by e-scooters and e-bikes, and the scourge of them being abandoned all over the pavements. Just pop across the bridge to St Thomas’ Hospital across the river, where the pavement is impassable because of e-bikes blocking the pavement—although they do not block the pavement after I go past, since I can bulldoze them into the road with my big wheelchair. What I and other pavement users have to contend with are the Just Eat, Deliveroo and Uber Eats fast-food bike riders, who drive down the pavement at full pelt all the time, delivering to unsuspecting customers food that they think has been prepared in top-quality restaurants but has actually come from some grubby bulk-cut kitchens under the arches. I am big and ugly enough to fight them off, but tens of thousands of more helpless pedestrians, including the frail, elderly and blind, are now risking their lives daily in London, and some of our other cities, because of e-scooter hoodlums driving at speed on our roads and pavements and abandoning their vehicles on the pavements.
In submitting evidence to the Commons Transport Select Committee in March this year, Sarah Gayton of the National Federation of the Blind of the UK said:
“It is very clear the e-scooters trials have failed, turning pavements into terrifying rat runs for e-scooter riders and dumping grounds for e-scooters when not in use. The trials have shown that even with strict regulations, e-scooters cannot be regulated safely for the rider, for pedestrians and pedestrians who are blind, visually impaired, disabled or vulnerable. Some of the trials visited have mercifully been shut down, along with others not visited which have been turned off and there is an urgent need to shut all remaining ones down as they are still not safe, cannot be regulated safely and are a danger to the public”.
That was the organisation’s conclusion after visiting 18 cities, some multiple times, where e-scooter trials were taking place. Trials in Rochdale, Birmingham and the West Midlands, Coventry, Slough, Kent and Barnstable have already been shut down because of the carnage they were causing.
Now, anytime you raise this with the department, it says that enforcement of the law is a police matter. Of course it is, but this is Pontius Pilate writ large. As we saw last Wednesday night, the Met stood by and did nothing as a baying mob barricaded MPs and Peers into Parliament and no arrests were made of any of those demanding the destruction of Israel and the death of Jews, so do we seriously think that the Met will devote time and resources to chasing after hoodlums riding on the pavement? Of course not, and, to be fair to the Met and any other police force, dealing with terrorism, rape, robbery, murder, housebreaking and the frightening new levels of anti-Jewish hate are far more important than dealing with e-scooters on the pavement. The Department for Transport knows that, and therefore the responsibility now falls on it to legislate to save lives where the police cannot.
The police in Paris, who know a few things about how to knock heads together, could not handle the e-scooter problem, so Paris banned them. What joyous relief it is now to be on the pavements of Paris with no death-dealing e-scooters anywhere in sight or blocking the pavement.
Therefore, in conclusion, I want to amend the Bill to ban all e-scooters in England from any public highway, including pavements, and give police powers to immediately confiscate any they find being used on public roads. All rental e-scooter trials should cease immediately, with greater penalties imposed on cyclists riding on the pavement, especially if they are commercial couriers.
As an aside, I urge our parliamentary authorities to tell the Met Police that, although people have a right to protest, parliamentarians in both Houses have a far more important right, which is to go about our duties free from intimidation, threats and barricades at Victoria station but especially around these Houses of Parliament.
I apologise to have made most of my speech talking about what should be in the Bill, but I am only partially sorry, as I can see no other opportunity in this Session of Parliament to prevent another 25 deaths and hundreds more life-threatening injuries.
Lord Hogan-Howe (CB)
My Lords, it is a pleasure to follow the noble Lord, Lord Blencathra. I congratulated the Minister yesterday, but I commend him today: I think this was the first time I have seen a Bill being introduced in less than four minutes. One only hopes that other people will learn from that experience.
I support the Bill for three or four reasons. As I think the noble Lord, Lord Berkeley, said, in order to enhance London as a destination, it is probably a good idea for these pedicabs to be regulated. We want tourists to have a great experience, not a bad one, and we want them to go away from London extolling it and not complaining about it. Therefore, it is important that we establish some standards, clearly around safety—we want to make sure both the passages and road users are kept safe—and obviously to restrict excess charging.
There are also some very simple things, such as: if lost property is found in these things, where does it go? It can be quite valuable. Taxis, buses and the Tube all have systems in place to make sure that people can recover their items. That is essential, as if you cannot identify the pedicab or go anywhere to recover the property, essentially it is lost, and it is quite hard to find these people afterwards. Therefore, for very simple reasons like that, it is essential that this legislation comes in.
Some of these questions may be answered by secondary legislation, which is inferred in the Explanatory Notes. However, it is worth exploring a just a little, perhaps more in Committee. My first question is about insurance. The notes say that the secondary legislation will talk about insurance, but is it insurance only for the passengers or will it also be against third parties? That will make it more expensive, but of course these pedicabs can hit people and they can be hit by other vehicles, and it seems essential that there is good insurance in place. If it is in secondary legislation, as we have heard, the rest of the country has its own local by-laws. However, this is a vehicle, and if we have inconsistent approaches to it, it may be important to try and establish a consistent approach for the future.
The second question is—this may be covered by secondary legislation—how will the public be able to identify each pedicab? At the moment, you can identify a bus or vehicle by a registration plate, but these things do not have them. Of course, the drivers may have some kind of badge like a taxi driver would, but how are you to be identified by a plate? We need to understand what that would be, because it needs to be big enough to be seen, particularly at night and, frankly, by those who are inebriate—and, frankly, for many of us our sight deteriorates at night. Therefore, it is essential that it is quite clear and not quite as small perhaps as those some of our Hackney carriages carry at the moment.
My third question is: is the taxi analogy to be a Hackney type or an Uber type? Is it to be ordered on the street or by an app? The app could work pretty well, I would think, but it imposes different types of thinking about how regulation should be developed. It would be interesting to hear the Government’s approach to this. Would they prefer the Hackney approach, the Uber approach or a little of both? It would be helpful to hear.
On the whole, legislation should be developed depending on data and evidence. Although the Minister set out very clearly why we are concerned in general—and we are all agreeing in principle—it might be helpful to hear some data on how often these things have been involved in collisions; how many times people were hurt; was any compensation awarded; were any regulations broken; and what was the outcome? We might hear from other parts of the country where they have already been regulated. What is the evidence that there is a need for legislation? That is not because I disagree with it, but because I think it is important for the Government to set out clearly why legislation should be introduced and the costs that go with it.
I wonder whether the fines mentioned, which are levelled at around £2,500, are of the right order. It says very clearly that prison is not intended to be included. We know one or two things about fines. One is that only 50% of any financial penalty, whether in a court or by fixed penalty, is paid, so it is not always the most effective form of enforcement. But £2,500 is the maximum. It is very rare for a maximum to be imposed by any court, and these fines are generally to be enforced by fixed penalties. We should consider that some of these pedicabs are worth something of the order of £6,000—they can cost between £1,800 to £6,000. Let us say that they generate income of £50,000 a year—we do not seem to know their income levels. Is £2,500 a deterrent? If you get caught only once a year, it might be regarded just as a business cost. The more severe penalty is probably seizing the vehicle, which is clearly indicated within the legislation, but I wonder about the level at which the fines are set.
My final points are fairly simple, but I think Hackney carriages might be interested. Are pedicabs to have some form of knowledge? As noble Lords know, the Hackney carriages still do, and I think it is a great thing for tourists. They do not only ask to go to a place, they often ask to go to a particular hotel, or they know roughly where they are going but not exactly, and our best taxi drivers are able to help. I know companies such as Uber often rely on satnav, and I do not dismiss it, but in central London, people often want not only the place but a particular thing, and it would be interesting to hear whether any thought has been given to that and whether it would helpful.
It is a very detailed point, but will there be a requirement for people to quit if they are asked to? Often, the police get involved when somebody refuses to get out of a cab or refuses to get off a bus. If you do not have the power, you can be there all night trying to persuade somebody to leave when you have no power. In my experience, people at their drunkest are at their least compliant and least rational. Can the Minister say anything on that?
My final point, which is an extension of the point of the noble Lord, Lord Blencathra, around electric cycles, is that if we learn any lessons about holding pedicab drivers and owners to account, could we consider whether we take those lessons and apply them to cyclists? I fear that my list of people who are dangerous is longer than just people who have electric scooters and electrically charged cycles. I fear that cyclists, particularly in London, seem to be entirely unaccountable. I know I have mentioned this before, and I accept that it is a big issue, but even having a registration plate somewhere on the back would not be a bad idea to make sure that people are held to account and it is not totally without consequences if they choose to ignore things that are meant to keep us all safe. On occasion they have terribly injured people, and on some occasions killed them. I know that is not in the purposes of the Bill, but there may be lessons learned here that could be applied elsewhere.
Baroness Anelay of St Johns (Con)
My Lords, I follow other noble Lords in welcoming this Bill, which intends to deliver on the Government’s commitment to enact legislation that will make it possible for Transport for London to regulate London’s pedicab business. I live part of the week in Westminster—I am there when Parliament is sitting—and I very much welcome the work that has been done there by our local MP.
I thank my noble friend Lady Vere for hosting a briefing meeting for Peers on this Bill last week, shortly before she was appointed to the Treasury, and at that stage my noble friend Lord Davies was appointed Minister at the Department for Transport. I congratulate both of them on their appointment and wish them every success; I note from Forthcoming Business that both of them are going to be extremely busy up until Christmas—and probably a long way beyond.
I am grateful to the Minister for setting out the objectives of the Bill. I object slightly to people saying the objectives are not there—I can perceive them—but I agree it will be very useful to tease them out further in Committee. I also thank the Minister for setting out the reasons for the provisions within the Bill. I do, however, have a couple of questions on points that have not yet been covered by other noble Lords. They are about the drafting of the Bill. I hope my noble friend may be able to resolve those questions today to save taking up time in Committee.
It is right to ensure that businesses, whether they are small, medium or large, can flourish within a regulatory regime that protects employees, customers and the public. However, it is also important to ensure that legislation does not unintentionally capture within its remit activity that should not reasonably be considered as a business, and I am concerned that there is a possibility that the Bill might just do that.
Clause 1(2) gives us the Government’s definition of a pedicab, which is
“a pedal cycle, or a pedal cycle in combination with a trailer, that is constructed or adapted for carrying one or more passengers and is made available with a driver for hire or reward”.
I would be grateful if my noble friend might elaborate on the definition of “reward” in this context. The Minister’s office kindly emailed me after the briefing meeting last week with some further information on a couple of other points, but with regard to the definition of reward stated that
“our intent is the plain meaning of the word”.
Fair enough, one might say, but I have in mind the impact on parents who I see routinely in the Westminster area cycling responsibly with a trailer taking their young child or children to a nursery or shops or primary schools. In those circumstances there is clearly no payment or reward involved, because it is their children.
But what if, as I am assured does happen, the parent is helping out a friend, neighbour or relative by transporting their child or children in a trailer, perhaps regularly, and is occasionally rewarded by gifts—I am not saying money, just kindly gifts? Do they come within the scope of the Bill and thereby become subject to regulations to be imposed by TfL: for example, clearing criminal record checks and having insurance? If the Government intend that these people should not and cannot come within the scope of the Bill, can my noble friend the Minister please make that clear today?
It is also important that those who are running a pedicab business do not manage to evade the provisions of the Bill by misusing, or changing the use of, the definition of “trailer”. Cargo bicycles are advertised as having a large box attached to the front of the bike, with a seat and removable rain cover, which is set at a height to enable the carriage of passengers. Do the Government intend that the meaning of trailer in Clause 1(2) should, indeed, encompass a box with seating at the front of the bike? If so, can my noble friend the Minister please put that on the record today as well?
I note that the Explanatory Notes in the Bill state at paragraph 11:
“A wide definition is required because there are many types of pedicab”.
Indeed there are, and the noble Lord, Lord Berkeley will tease out the meaning of “pedicab” when we get to Committee.
While I hope the Bill goes through as quickly as possible, because people in London need it, my concern is that its remit will unintentionally trap activity that is not business and, at the same time, exclude activity that is business. I look forward to my noble friend’s response and I wish the Bill a fair wind.
Viscount Goschen (Con)
My Lords, my noble friend Lord Blencathra described this as a “trivial” Bill. It is nothing of the sort. It is certainly very specific, addressing one issue in one part of the country, but I rather think of it as classic House of Lords territory, with a lot of expertise, and some unanimity and consensus around the need for regulation. However, given the law of unintended consequences, I have taken a bit of time to go through the Bill and think how it could best be framed.
Like many other noble Lords who have spoken, I have a number of concerns about these types of vehicles. The first is that of a tourist trap. There have been many stories of tourists being ripped off and charged unreasonable amounts which they were not told of before. London has a great reputation, which we should jealously guard, as a destination for tourists. When a tourist arrives and gets into a black taxi, they can be guaranteed the right service, from someone who has been vetted, in a vehicle that has been checked and with a driver who knows their way around—all those good things. They might think the same is true of somebody else plying for trade, but we know that that is not the case. I would hate for visitors to our great city to go away with a sour feeling because of what happened with these vehicles. It may sound like we are being spoil-sports—“it’s just a bit of fun”. In many cases, I am sure it is, but there is a serious aspect as well.
We have not talked about the number of these vehicles. I would be interested to know the current estimate. I recall reading in previous guidance notes that there are over 1,000, but I have no idea whether that is true. They are certainly parked in awkward places: I saw one parked right outside Buckingham Palace, with noise blaring. That is clearly wrong. Where they are parked, how they can be hired, who drives them and who operates them need to be regulated.
An important part of the Bill is regulation of the operator, as well as the driver, because that is where the sanction lies. It might be the solution to some of the points with which I agree that were raised by the noble Lord, Lord Hogan-Howe, and others, about delivery drivers using electric bicycles, cycling the wrong way down roads and so forth. I appreciate that I am speaking beyond the strict confines of the Bill for a moment, but I hope the House will humour me. I would like to know the degree to which the operator—the delivery company—is responsible for the actions of those who operate under its banner, even if they are independent contractors.
I also believe that there is a technological solution. A little while ago, this House considered and passed legislation on the use of drones. They are very small, lightweight, cheap, easily accessible flying machines that can cause havoc in the wrong hands, as we have seen. There are technological solutions that prevent them being used—I think geofencing is the right term—in inappropriate circumstances. We ought to look at whether, for example, a driver riding an electric cycle the wrong way up a one-way street will find that their vehicle does not work. This is something that we ought to consider.
So there is the tourist aspect, and the safety, insurance and fares sides of this, but I, as have other noble Lords, draw specific attention to the question of noise. It seems that almost all pedicabs have small but extremely powerful speakers blaring out music. When combined, they cause a significant nuisance. I would like the Minister to address noise specifically and whether there is a case for a more specific provision in the Bill. I appreciate that this is, in essence, an enabling provision but I would like to see—and if the Minister is reluctant, perhaps an amendment would be considered—the noise emission from these vehicles at least being controlled.
We should not turn back progress and resist the use of pedal power and electric cycles. I suspect that we will very quickly get into some difficult definitions on where a pedicab begins and ends, particularly if it has electric power. I am an electric bike owner myself. They are regulated in terms of power, speed and so forth, but many on the streets of London do not show lights and are clearly extremely powerful and capable of moving without pedal power. I suspect that some pedicabs are similar. I do not think that “electric” is mentioned in the definition, and I think that it should be.
Finally, this will come down to enforcement. We can pass the Bill, but the regulations will be brought forward by TfL, and the poor old police force will ultimately be the ones who must do something about this. As much clarity as we can give as possible would be useful. However, this Bill addresses a small, but important, matter.
Lord Hunt of Kings Heath (Lab)
My Lords, I, too, welcome the Minister to his new position, which I hope he very much enjoys. I also welcome my noble friend Lord Liddle to his position on the Front Bench. He may not be pleased that I said so, but it is remarkable that, 50 years ago, we stood on a platform for election to Oxford City Council on the basis of implementing a balanced transport policy which essentially took cars out of the Oxford city centre at great advantage to the environment—we were rather ahead of our time. I am not sure whether the Bill will have quite the same impact, but it is none the less welcome—as was the Minister’s succinct introduction, which we all very much enjoyed.
It is wonderful to see the Benches opposite so keen on regulation, I must say, but I am going to warn the House against overregulation. It is important that, in seeking to bring order to a pretty awful situation at the moment, we do not regulate pedicabs out of existence. There is a balance to be drawn. They are popular with many tourists; on the other hand, the Heart of London Business Alliance, which represents 600 businesses in central London, wishes to support this legislation. Its argument is that pedicabs put other people off coming to central London because of the aggression of some drivers. One must respect that.
I will raise five points with the Minister. First, I, too, would like to know why these provisions are not being extended to e-bikes. The noble Lord, Lord Blencathra, made a very powerful case. Obviously, we will explore that in Committee. At the very least, the Minister will find himself under pressure to respond with some statement of the government intent regarding e-bikes. As I understand it, Westminster City Council reckons that there are up to 2,000 dockless e-bikes for hire in the City of Westminster. It says that the problem of no regulations around their hire, operation or parking for disabled people leads to a situation where people with prams and other pedestrians can be forced to walk in the road or dodge an obstacle course. We need to hear what support will be given to Westminster and other local authorities to deal with some of those issues.
The second issue is enforcement. I agree with noble Lords on this. The noble Lord, Lord Hogan-Howe, slightly worried me—I am a cyclist and, as he will know, this House is not very sympathetic to cyclists—but I agree with him about the behaviour of some cyclists. It strikes me that there is a real issue of enforcement. It is a good principle that, if you are not certain about whether enforcement can take place, you should be very wary of passing legislation. That used to be Conservative thinking as well, did it not? Something is really rather odd here.
The third issue is proportionate regulation. Cycling UK thinks that you do not see pedicabs in other local authority areas because they tend to be regulated as hackney carriages. In essence, it is impossible to have a viable business operating under that situation. We do not have a statement from Transport for London about how it will operate these provisions. One way or another, we need to have some sort of assurance that its aim is not to regulate pedicabs out of business completely. Clause 1 leaves entirely to the discretion of Transport for London what regulations it draws up and who it can consult on them. I am not sure that is absolutely right. Again, we should explore this in Committee.
My final point concerns the abuse of cycle lanes by pedicabs. They can be an absolute menace and nightmare. Can the Minister assure me that there is an ability to ensure that pedicabs are not allowed to use cycle lanes?
Lord Moylan (Con)
My Lords, I welcome my noble friend to the Front Bench but also extend my congratulations to the noble Lord, Lord Liddle, on joining the Front Bench opposite. Noble Lords, with their customary acuity, have picked up a whole range of details embedded in this Bill that the casual reader might not have noticed, and I am sure there will be many things for us to explore in Committee. I do not propose to follow that very detailed path in my few remarks. I am slightly more interested in the fact that a sort of ideological split has grown across the House between those who think pedicabs are an absolute nuisance and those, largely sitting next to each other on the Benches opposite, who wish them to be cared for tenderly and looked after and are anxious that they might be subject to excessive regulation. The former position was extremely well expressed by my noble friend Lady Stowell of Beeston and backed up by some fiery and clear remarks from my noble friend Lord Blencathra.
I thought I would share a little personal history in this regard. I have to admit that, on that ideological divide, I sit very firmly in the camp of those who would like to see pedicabs crushed, removed, never seen again, never thought of in the first place, and de-introduced from our urban streets. It was that thought that led me to being an obstacle to the progression of this Bill some time ago, when I was deputy chairman of Transport for London. When they appeared, Transport for London said, “They’re a menace; we must regulate them”. Indeed, the Mayor of London at that time was quite keen on the idea that we should promote a Bill in Parliament to regulate pedicabs. I expressed some caution. I said that the problem with regulating something is that you approve it. You cannot use the law to create a regulatory framework for something and then have the regulator use that framework to crush it and make it impossible, because that is an abuse of what Parliament has expressed a view on—that something should be allowed but subject to regulation. Therefore, I said that the best thing to do was hope that they just go away, because they are so absolutely appalling and cannot possibly attract genuine custom, so they will fail.
My analysis was obviously completely wrong and my approach has failed. So it is that, reluctantly, I come to the view that we might as well accept that this menace and pest is with us for a long time, so I support, belatedly, a Bill that I hoped we would never have to see introduced.
That is my answer, in a sense, to the remarks made by the noble Lord, Lord Berkeley, who is worried that TfL is going to use these powers to prevent pedicabs plying their trade. I do not think that can happen, and it would be challengeable in the courts if it imposed conditions that were irrelevant or onerous, because that is not what we are empowering it to do. It cannot set excessive fees because they are specified in Clause 2(4) as being
“set at a level that enables the recovery of any costs incurred by Transport for London by virtue of the regulations”.
There is no power for TfL to set fees that exceed that level, so I do not think that a very likely possibility.
As far as enforcement is concerned, reference was made to the police but there is no policing involvement in the enforcement of these measures. There is a lengthy clause on enforcement—Clause 3—and it is absolutely clear that the powers to enforce are being conferred upon Transport for London, not the Metropolitan Police. In fact, the history of cab regulation is, of course, the history of the transfer of the powers to regulate taxis from the Metropolitan Police to Transport for London as part of the Greater London Authority devolution settlement. The police have been out of taxi regulation enforcement for quite a long time and as far as the powers in this Bill are concerned, they are not being brought back. It is a different matter if a crime is committed by a taxi driver, of course, but the breach of the regulations created here is an enforceable matter not for the Metropolitan Police but for Transport for London.
Transport for London is really rather good at this— I am rather pro-TfL, partly given my previous experience of it. It is good at regulating taxicabs generally, and clearly, to some extent taxi-regulation powers have been cut and pasted into this Bill. I think TfL will probably do this job quite well, although it will be difficult if the drivers it is dealing with turn out to be fly-by-night characters—unlike most taxi drivers, who are solid, sensible people—who are very difficult to catch up with afterwards.
I have a couple of questions before I sit down, though these can be explored in Committee. First, I worry what we will do if this does not work, and if, because of the inherently fly-by-night character of the people doing it, and the nastiness, garishness and ugliness of their dreadful vehicles, it turns out that they continue to be nasty, garish, ugly, noisy and a blight upon our streets. Will we be happy with the fact that we have simply regulated them so that they have insurance, for example, or should the Government be promising to review the operation of the legislation in the fullness of time?
My second question concerns one of those details that has not yet been picked up, even though I am speaking late in the debate. I am a bit baffled by Clause 6, which seems to introduce an unnecessarily elaborate process for the making of regulations. I am willing to stand corrected, but my understanding is that currently, taxi regulations made under the Metropolitan Public Carriage Act 1869 by the board of TfL come into effect immediately and directly. TfL has the power to make and amend the regulations using its normal board processes. Here, what is being proposed, for no reason that has been explained except that it is thought appropriate by the Government, is that the power be made by a statutory instrument.
As I understand it—again, I am open to correction—a statutory instrument has to be laid by a Minister before Parliament, and the Minister may choose not to lay a statutory instrument if asked to do so. In effect, the decision whether a regulation should be imposed will now be taken by the Minister, rather than by Transport for London, to whom we are purportedly transferring these powers. What is the purpose of that, and why would any Minister—I say this with the genuine intention of offering good advice to my noble friend on the Front Bench—want to be involved in this? Surely the whole point of this is to leave it to Transport for London and not have it constantly coming back to your desk, meaning that you are pestered by people to make regulations that may or may not be the same as those recommended to you?
So generally, I welcome the Bill, but not the fact that we are going to have these pedicabs now for at least a century or two while we work out the regulations. I also have a few questions about why the Government feel they cannot just let go.
Lord Borwick (Con)
My Lords, I, too, welcome my noble friend to his new post. He has a task to follow our excellent and long-suffering noble friend Lady Vere.
I first declare my interests as a London taxi proprietor, owner of a plated London taxi and occasional employer of licensed London taxi drivers. I drive my London taxi to the House of Lords car park and once overhead one of our great policemen saying to another, “Well at least one Lord’s got a proper job”. In the past, I have been a manufacturer, dealer and financier of London taxis, so I have quite a comprehensive list of London taxi interests, and I thoroughly support this simple Bill to enable TfL to control pedicabs. There are an awful lot of other things wrong on the streets of London, such as electric scooters abandoned on street corners, but I am not sure that there will be room in the Long Title of the Bill to put the solutions in.
To grant Transport for London the power to sort out this small, but dodgy, market for pedicabs seems eminently sensible, even though instinctively I do not like giving more powers to government, but why has it taken so long for this Bill to be introduced? My honourable friend in another place, Nickie Aiken, who is standing at the Bar, introduced a Private Member’s Bill in 2020, three years ago. Can the Minister explain why it has taken so long for the Bill to appear as a government Bill?
More importantly, this Bill is an enabling Bill, enabling TfL to bring forward regulations. When something is planned for the future, I like to identify the criterion of failure. What would make us agree that this Bill has been a success and a worthy subject for our deep consideration? Does my noble friend agree that, after three years of thought in his department, a further year is all that is needed to draft and promulgate the regulations?
Lord Strathcarron (Con)
My Lords, the subject of noise pollution is not addressed in the Bill as it stands. Rather than repeat the excellent points made by my noble friends Lady Stowell and Lord Goschen, I just point out that pedicabs are equipped with only the tinniest of tannoys that blare out indecipherable musical content, which is a real irritant to residents, passers-by and, I would have thought, passengers. When they are lined up together competing for business, one just hears a cacophony of meaningless decibels. Clause 2(6) would seem to be an ideal place to address this issue, and I suggest that the noise be limited to 72 decibels, heading for 68 decibels in 2026, which applies to all other road vehicles.
The Lord Bishop of St Albans
My Lords, I pray for the indulgence of the House to speak very briefly in the gap. I apologise that I just missed the deadline to get my name down. Speaking so late, I find that many of the points have been made very eloquently so I have been putting lines through various paragraphs. I will be very succinct. I need to declare my interests because I want to refer to some of the Church Commissioners’ properties in London and the reports that have come from tenants and also to my role as a vice-president of the LGA.
We welcome this Bill. We think it needs a fair bit of work, and there are a number of issues that need to be resolved. I agree that for many people pedicabs are a cause for fun, not least for tourists, but the Church Commissioners, being one of the local landlords in London, have received many complaints from local people affected by unregulated pedicabs. We have listed some of them: playing loud music at night; causing local traffic congestion; charging extortionate prices; blocking pavements; sometimes blocking cycle lanes, which is a real problem and causes real danger to cyclists who are going to and from work; and, not least, their lack of insurance, so many passengers and other users are left without protection.
The Church Commissioners’ Hyde Park Estate stretches from Oxford Street to Paddington so, as a local landowner, we have an interest in ensuring that central London remains a welcome and safe area. It is therefore very encouraging to see the powers that the Bill would provide by enabling Transport for London to regulate pedicabs, ensuring they are properly licensed and that there are enforceable standards which operators, drivers and vehicles must adhere to.
In passing, I have to say that I was fascinated by the spirited speech of the noble Lord, Lord Blencathra, and look forward to the amendments for e-scooters and e-bikes that we will be debating in Committee and later on. Meanwhile, we would want to support the Bill in its passage through your Lordships’ House.
Lord Leigh of Hurley (Con)
My Lords, I too wish to speak in the gap. I am quite sure that I put my name down for this debate, but it seems to have disappeared. I have a horrible feeling that I am expected to be in another debate tomorrow which I had not expected to speak in.
I want to very much welcome this Bill. I do not think I have any declarations of conflicts of interest, other than that I have lived and worked in Westminster for over 35 and am a patron of the Westminster North Conservative Association. I welcome my noble friend the Minister and his shadow to the Front Bench. This Bill might be called a somewhat soft entry, but I also take this opportunity to congratulate my noble friend Lady Vere on her new appointment after a very successful stint at transport.
I have also had the pleasure of spending quite some time talking to the most admirable MP for the Cities of London and Westminster, my honourable friend Nickie Aiken, who has been the driving force behind the Bill and has an amazing track record of turning London into a better city for all its citizens. It is very disappointing that her Private Member’s Bill was stopped by one MP, who selectively blocks such Bills in a manner which really should not be allowed, in my opinion.
I note that my noble friend Lord Blencathra picked up what he detected was the disdain of His Majesty the King for having to introduce this Bill, early on in his Speech. What does he expect from a person who arrives here on a trailer adapted to provide carriage for no more than one or two persons on a paid-for basis? However, it is a shame that it has taken 13 years since Mark Field’s first attempt to deal with this issue and that the objections made killed earlier Bills.
Tourists should have every reason to assume that a city as sophisticated as London would not allow pedicabs on its streets to take on passengers without proper protection for them, as it does for buses, taxis and other such transport. Like the noble Lord, Lord Berkeley, I have been in one once—never again, I assure your Lordships. I regularly cycle around the streets of Westminster and feel perfectly safe, but I really did not feel safe when I was in a pedicab. They are very low to the ground and of flimsy construction, and the cyclist clearly does not respect any traffic rules. As a Conservative, I respect entrepreneurs who get up and start off a service that is in demand. The cyclists make a living by working hard—and they certainly work hard, pedalling away—but this must be within reasonable guidelines.
My main concerns with the Bill are that so much power and leeway is given to Transport for London specifically to make the regulations. Transport for London, under the current Mayor, is not a popular organisation for many Londoners. As I say, I am a cyclist, but I am not happy with some of the ridiculous cycle lanes it imposes on London or some of the bizarre decisions it makes on traffic-light regulation. Then of course there is the unfortunate ULEZ and the false information that has been provided.
I would rather see, at the very least, some guidelines to TfL to ensure that it undertakes a proper job. The Bill talks about what TfL may do but not what it must do. Why is that? Can we have an assurance from my noble friend the Minister that it will be the driver who is licensed, not just the vehicle? Otherwise, how will the fines and penalties referred to in the Bill be enforced and, hopefully, collected?
At the moment, the Bill allows leeway for TfL to license just the pedicab, not the cyclist. Like the noble Viscount, Lord Goschen, I am concerned that there seems to be no mention in this Bill specifically about curtailing the noise that pedicabs make, which I understand is a main source of complaint from the public. Can we have an assurance that that will be addressed directly?
Finally, some Members of your Lordships’ House may think that this is just a summer problem, but last night, at about 10 o’clock, in my never-ceasing research which I undertake before I stand before your Lordships in this Chamber, I passed the Winter Wonderland and counted some 40 pedicabs touting for business. This is a whole-year-round issue, and I am very pleased to see it being addressed now.
Baroness Randerson (LD)
My Lords, I am very pleased to see the noble Lord in his new position of Minister, and I welcome him there, as well as the noble Lord, Lord Liddle. As someone who has been speaking for transport for years myself, it is good to have different people on the Front Benches to debate with.
Obviously, I welcome this Bill. My Liberal Democrat colleague Caroline Pidgeon, the chair of the Greater London Authority Transport Committee, has campaigned for TfL to have these powers for many years, as indeed have noble Lords and Members of the other place. However, I am slightly mystified as to why, having ignored the problem for so long, this has now popped up as the Department for Transport’s top priority in a very slim list of transport legislation. It featured in the King’s Speech, where pedicabs were described as a scourge. Yes, they are a problem, and a serious problem to a smallish number of people in London, but hardly a scourge. I am with the noble Lord, Lord Blencathra, in how he describes the Bill.
However, I know from my noble friend Lord Storey, who is unfortunately not able to be here today, that for those people living near those spots where the cabs ply their trade, they are a real irritant—largely because of the noise. There are apparently between 200 and 900 pedicabs, so they are not a problem in every area, even throughout London. However, I do not want to underestimate the risks and problems that they present—the safety risks from their construction and from the wild way in which they are sometimes driven, as well as the nuisance of their blocking pavements and the noise. Then there is the ridiculous amount that the drivers sometimes charge tourists, which in itself gives London a very bad reputation. All these things can easily be dealt with via taxi-style regulations.
I go back to my point. Why is this Bill being given a top slot, when there are so many other transport Bills that are desperately needed? Many other noble Lords have referred to this question. Last year’s Queen’s Speech promised us an omnibus transport Bill to create Great British Railways and deal with new technological developments. That was abandoned, but our railway system remains in desperate and urgent need of a complete overhaul and reform, and there is an equally urgent need for regulation of electric scooters. The Government have given a whole new meaning to the phrase “trial schemes”, by extending those trial schemes year after year simply because they do not have a plan for the future. Tens of thousands of privately owned electric scooters are operated in a way that is totally illegal and causes accidents—I shall not repeat the statistics—across the country. The proliferation of dockless e-bikes for hire is also a problem, which many people refer to me as in urgent need of reform.
I am pleased that the Government are planning ahead with the Automated Vehicles Bill, and I acknowledge the need to regulate pedicabs, but I am mystified that this is a top priority. Cabinet Office guidance is very clear that parliamentary time available for legislation is “extremely limited” and that:
“In devising a legislative programme to reflect the Government’s priorities and seeking to resolve handling issues, the PBL”—
the Parliamentary Business and Legislation Committee—
“aims to ensure that time is used as efficiently as possible”.
What we could have done with is a Bill dealing with both pedicabs and electric scooters and electric bikes.
This Bill, as it stands, is a bit of a sledgehammer to crack a nut. It is a simple legal anomaly that has given much smaller local authorities outside London the power to license pedicabs but has denied that power to Transport for London. I ask the Minister: could this not have been done by a much more modest amendment to existing legislation?
Most of this short Bill is very straightforward and modelled on existing taxi licensing legislation. However, I have a couple of questions for the Minister. I was surprised to read Clause 2(2), which effectively states that nobody who has not been legally accepted as an immigrant or given leave to remain in this country can operate a pedicab. Well, of course. This is a surprising subsection because people who do not have official, regularised immigration status or leave to remain are not allowed to do work of any kind. This subsection, by its inclusion, suggests that maybe there are some jobs that are open to illegal immigrants, which is obviously not what the Government mean. Is this just a political statement or is there a solid legal reason why this is included?
My second question relates to the importance of careful selection of the sites for pedicab ranks. The clustering of pedicabs waiting for hire is an aspect that disturbs residents considerably. Will the Minister perhaps encourage Transport for London to give us a briefing on how it plans to choose sites for pedicab ranks, so that we might get some picture of how it will apply these rules? I also have a suggestion: it would be very useful to have a pedicab route across Hammersmith Bridge. The closure of that bridge has been of such disruption to people living in the area, and pedicabs would be a brilliant way of getting across the bridge.
Finally, the plan, as set out in Clause 6, is that the power to make pedicab regulations should be granted via statutory instrument. Here, I refer to the noble Lord, Lord Moylan, with whom I agreed on this issue. This is at odds with taxi regulations, which were granted to Transport for London in the Greater London Authority Act 1999. Surely, in practice, once they have been properly brought into the system, the rules on pedicabs will be a simple subset of taxi rules. It will risk confusion and delay to have two different systems. There will be delay as they wait for parliamentary time for an SI when required.
The smallest local authorities outside London have successfully regulated taxis for many decades. I assume that some of them have rules on pedicabs as well, because they have that power. I realise that the Government like to pursue a bit of an assault on devolution in London, and on the Mayor of London in particular, but this latest chipping away at devolution is simply not sensible.
This brings me back to my first point: if we have no time for proper, modern transport legislation on serious, modern transport issues, why are the Government keen to keep the power to deal with pedicabs in London?
Lord Liddle (Lab)
My Lords, I also welcome the promotion of the noble Lord, Lord Davies of Gower, to a ministerial position at the Department for Transport. He has spent his whole life in public service in one way or another: in the police force, then as a Member of the Welsh Assembly, as an MP and now in this House. My hobby is history and particularly labour history. One of the most remarkable things about the noble Lord, if I might say so, is that in the whole of the Gower constituency’s existence—it was created by the Third Reform Act 1884—it has only once been represented by a Conservative, I think. It was represented continuously by a radical Liberal, then a Lib-Lab, then Labour from 1885 until 2015, when he won it by 27 votes. That situation has not lasted, but at least we now have the benefit of his wisdom in this House.
I also thank people who have welcomed me back to this Front Bench after a 10-year absence. I am supporting my noble friend Lord Tunnicliffe, who cannot be here today for personal reasons and apologises for that, but I am greatly looking forward to doing transport. I am a railwayman’s son from Carlisle, so I was brought up in transport. I was a councillor in Oxford, where I think my noble friend Lord Hunt and I would now be described as warriors against motorists, I am afraid, but I think we did a lot to improve the quality of life in central Oxford.
Labour supports the Bill and the Opposition Front Bench will be constructive in its approach to it. I do not see it as a party-political matter but as closing a legal loophole that has been allowed to exist for far too long. In fact, when I looked at the Lords briefing note, it told us that a complaint about this was first made by the London Assembly in 2005. Boris Johnson, when he was Mayor of London, pointed out that this was a legal anomaly in 2012, as did the Law Commission in 2014. No wonder we fail as a country when we cannot manage to get things sorted in some quicker timeframe than this. There has been a cross-party desire to have it sorted: Sadiq Khan, the Mayor of London, and Adam Hug, the new leader of Westminster Council, along with the distinguished Conservatives whom people have mentioned, have wanted action on this matter. For a long time, it seemed that the Government offered general support but without any promise of action. Now we have action and, although it is too late for many people who have been ripped off, we welcome it none the less.
This has been a very interesting Second Reading. A thought has been going through my mind. I discussed the Bill with the lady who organises the timetables and she said, “Oh, I think we will probably get through this in an afternoon”. Having listened to this debate, I am not sure whether Committee will be got through in an afternoon. It seems to me that noble Lords have raised a lot of points that will need to be explored in Committee.
There is the philosophical point about what we are trying to do through regulation. Are we trying to stop pedicabs altogether or to regulate them so that the rogue operators disappear from the scene? I have some sympathy with my noble friend Lord Berkeley’s argument that we do not want to stifle innovation and competition in this world. At the same time, the passion with which the noble Baroness, Lady Stowell, spoke on the subject would clearly convince anyone that this is a gap in regulation that must be dealt with. We have to get the balance right, for all the reasons that many noble Lords have mentioned.
The noble Viscount, Lord Goschen, talked about one of the most powerful reasons—the damage to the reputation of London as a good place for tourism. You cannot have these instances of people being charged £500 for a 500-yard journey written about in foreign newspapers and described on foreign TV without it having a damaging effect. Of course, it will be magnified in any overseas media reporting and made into something that is regarded as a common problem. For that reason alone, we must act.
Noble Lords asked about the framework of the legislation. My view is that it ought essentially to be devolved. Our role is to set the right framework; we can debate the parameters within which TfL should work, but it is fundamentally for Sadiq Khan and TfL to draw up the precise legislation. I have some sympathy with the argument made by the noble Lord, Lord Moylan, about the potential for delay and confusion if the rules come in the form of a statutory instrument which a Minister has to approve. What happens if the Minister, the mayor and TfL are not in the same place? We could have years of further delay. I do not have a settled view, but the role of the ministry must be looked at in Committee.
Noble Lords have made a considerable agenda of points that have impressed me. What the noble Baroness, Lady Anelay, said about issues of definition must be thought about. The noble Lord, Lord Blencathra, spoke about e-scooters and e-bikes; we must try to press through this legislation for action in this related area. I think there would be widespread support for that in this House. The points made by the noble Lord, Lord Hogan-Howe, show the benefit of having people with real professional expertise in this House. When we are looking at the criteria that TfL will have to consider, we should debate whether we want to include his points about insurance, how you identify the cabs, fines being treated as a business expense and whether drivers should have some training in the knowledge.
Also, how is the whole thing going to be enforced, and does TfL have the resources to enforce it properly? Those are crucial questions. It is not just about fares; it is about a wider set of issues as well.
I will make one final point, which noble Lords may think a political one; none the less, it has to be made. This Government have chosen to legislate on pedicabs when there is a huge need for regulatory reform in transport, which they are ducking. We need legislation for buses in the provinces, so that local government can work effectively with bus operators to provide proper networks of services. As for the railways, they are in a terrible mess. In the four years following Covid, public spending on the railways—noble Lords opposite should be interested in this point—has gone up from some £4 billion to £13 billion. However, we are not going to get any change in that situation without the regulatory reform—the establishment of Great British Rail—that the Government promised. Now, all they are doing is producing legislation without actually legislating. This is a very bad situation.
In conclusion, we support the pedicabs Bill, although there are lots of issues we will have to discuss in Committee. However, on the wider agenda of transport reform, the King’s Speech has been a great disappointment.
Lord Davies of Gower (Con)
My Lords, I thank all noble Lords for their thoughtful contributions. I will attempt to respond to as many questions and concerns as I can, and where I am not able to do so, I undertake to follow up with a detailed letter.
The noble Lord, Lord Berkeley, spoke about the definition of a pedicab. Clause 1(2) defines pedicabs as power-assisted pedal cycles
“in combination with a trailer … carrying … passengers and … made available with a driver for hire or reward”.
In bringing the Bill before the House, we have tested the definition and are confident that it addresses the legal anomaly whereby these vehicles are currently unregulated in London. To answer the point raised by my noble friend Lord Blencathra and the noble Lord, Lord Hunt of Kings Heath, the Bill as drafted is clear on what would fall in scope. For example, it would cover a power-assisted pedal cycle available for hire with a driver, carrying one or two passengers in a trailer. It would not capture a parent riding a pedal cycle with a trailer attached to carry their children.
My noble friend Lady Anelay of St Johns talked about hire or reward. The Bill captures pedicab services made available with a driver for hire or reward. It does not include a definition of reward, as the intention is the plain meaning of the word. As I understand it, the Bill is intended to cover pedicabs plying for hire or reward, but we will write to clarify the point, as indeed I will regarding the trailer issue.
The lack of existing regulation means that the number of pedicabs operating in London is unknown. Westminster City Council estimates that there are between 200 and 250, while TfL’s estimate ranges from 400 up to a peak of 900, with pedicab numbers varying according to the season—further evidence of the sector’s reliance on tourism. Pedicabs appear to operate predominantly in some of London’s busiest places: Covent Garden, Soho and the West End, attracting tourists and leisure visitors but operating without licensing and appropriate oversight. While the industry is relatively small in comparison to the taxi and private hire vehicle industries, the Government have consistently been made aware of the disproportionate impact pedicabs have on safety and traffic-related issues on London’s roads.
On enforcement activities, in the absence of regulatory powers there have been attempts to rely on enforcement powers such as noise nuisance legislation and electric pedal cycle regulations. Westminster City Council and the Metropolitan Police have had some success in recent years, using powers contained under the Control of Pollution Act 1974. This action has targeted the use of loudspeakers after 9 pm and before 8 am, and as of August 2023 this action has resulted in some £30,000-worth of fines being issued since November 2021. Between November 2021 and December 2022, 68 pedicab drivers had their details taken so that they could be prosecuted for playing loud music after 9 pm. An additional 27 drivers were issued with written warnings for their behaviour. While there has been some success in tackling noise nuisance, this has proven most effective when conducted in partnership with the Metropolitan Police. There has been less success in removing pedicabs from high footfall areas, stopping dangerous driving and preventing highway obstruction.
The noble Lord, Lord Hogan-Howe, talked about the limitations of current enforcement. Existing powers have proven to be very limited in tackling the anti-social nuisance and unsafe behaviour of certain pedicab operators and drivers. These powers do not allow the police to issue dispersal orders to pedicab drivers. This results in pedicabs being moved on for highway obstruction, only to return to the same spot after patrolling police have moved on. The Metropolitan Police have used electrically assisted pedal cycle regulations to seize pedicabs from London’s roads. This action has been targeted at the common occurrence of non-compliant electric motors being fitted to pedicabs. However, the success of this has been limited when pedicab operators and drivers have appealed, as it requires the police to use motor vehicle legislation against pedicabs.
A number of noble Lords talked about regulation. The Bill confers powers on TfL to make regulations for the purpose of regulating pedicabs in London, and it provides the framework; Clauses 2, 3 and 4 set out the parameters to which TfL may design a regulatory regime. It will be for TfL to determine what is the most appropriate in terms. TfL will, however, need to conduct a consultation on its proposal, which will be subject to parliamentary scrutiny via the negative resolution procedure. We have asked TfL to develop policy notes to indicate its early policy thinking; however, as mentioned, its final proposals will be subject to consultation.
My noble friends Lady Stowell, Lord Leigh of Hurley and Lord Goschen, and the noble Lord, Lord Hogan-Howe, talked about licensing of pedicabs, drivers and operators. Clause 2(1) allows Transport for London to make provision for the licensing of pedicabs, their drivers and operators. This includes provision relating to the conditions of licences; the duration, renewal, variation, suspension or revocation of licences; and the display or production of licences. The Bill gives Transport for London discretion to determine what is most appropriate in terms of licensing pedicab drivers, operators and their vehicles. However, TfL will need to conduct a consultation on its proposals, which, as I said, will be subject to parliamentary scrutiny.
I will write to the noble Lord, Lord Hogan-Howe, with the information he requested concerning data. On noble Lords’ questions about insurance, again, this is a matter for Transport for London.
Quite a few noble Lords are understandably worried about noise, and we are aware of the concerns about noise nuisance caused by certain pedicab drivers. This has been a focus of the enforcement activity undertaken by Westminster City Council and the Metropolitan Police in recent years. There has been some success here, using provisions contained in the Control of Pollution Act 1974.
Clause 2(6) provides Transport for London with the ability to make provision relating to matters such as safety requirements and driver conduct. Clause 2(9) allows Transport for London to impose requirements on pedicab drivers and operators. Again, it will be for Transport for London to determine what is most appropriate, following consultation. Regulations brought forward by Transport for London will be subject to parliamentary scrutiny.
The noble Lord, Lord Hunt of Kings Heath, talked about the use of cycle lanes. The Bill allows Transport for London to make regulations concerning pedicab operations in London. Clause 2 permits Transport for London to make regulations that prohibit drivers from using pedicabs in specified places. Again, it will be left to Transport for London’s discretion to determine what pedicabs regulations look like, within the parameters set by the Bill.
The right reverend Prelate the Bishop of St Albans talked about the blocking of cycle lanes. We are aware of concerns about that and about pavement parking and obstruction in relation to existing pedicab operations; it has been an issue that stakeholders have consistently raised with the department. Clause 2 sets out Transport for London’s powers relating to where, when and how many pedicabs may operate in certain places, at certain times and in specified circumstances. Again, it will be for Transport for London to determine what is most appropriate.
The noble Lord, Lord Berkeley, talked about parking. Clause 2 sets out Transport for London’s powers relating to where, when and how many pedicabs may operate in certain places, at certain times and in specified circumstances. It will be for Transport for London to determine what is most appropriate, taking into account the needs of pedicab drivers, passengers and other road users. Transport for London will be required to conduct a consultation on its proposals.
My noble friend Lady Stowell of Beeston talked about the possible requirements for background checks for drivers or operators. Clause 2 provides that any pedicab regulations that make provision about the licensing of pedicab drivers or operators must include provision corresponding to that made by the Private Hire Vehicles (London) Act 1998 in relation to immigration status. That will ensure right-to-work checks are in place for pedicab drivers and disqualify people from being licensed as a pedicab driver, subject to their immigration status.
Clause 2(6)(a) allows Transport for London to set the eligibility requirements for pedicab drivers or operators. Again, this will be for TfL to determine, subject to a consultation. TfL will be able to request a basic DBS check for pedicab drivers; that would show unspent convictions and conditional cautions. TfL’s desire is for pedicab drivers to be subject to enhanced DBS checks, as per taxi and private hire vehicle drivers.
The noble Baroness, Lady Randerson, mentioned the immigration status clause, which provides that any pedicab regulation that makes provision about the licensing of pedicab drivers or operators must, as I said earlier, include provision corresponding to that made by the Private Hire Vehicles (London) Act 1998. This ensures that there is consistency between these industries. Further, we expect that many pedicab drivers are likely to be self-employed, and Clause 2 will ensure that Transport for London can carry out right-to-work checks.
On the point raised by the noble Baroness, Lady Randerson, about the briefing on sites for pedicabs, we will pass the request to Transport for London for any consultation.
My noble friend Lord Moylan and a number of other noble Lords talked about the enforcement of regulations. Clause 3 sets out the options available to Transport for London in enforcing pedicab regulations. A level of discretion has been granted to TfL to determine how it will enforce regulations following consultation and engagement. The Bill itself is enabling and does not create any criminal offences or penalties. Clause 8 sets out that the Bill will come into force two months after the day it is passed. It will be for TfL to bring forward regulations once it has conducted a consultation, and to enforce these regulations once parliamentary approval is secured. Under Clause 3, Transport for London will have the ability to immobilise, seize, retain or dispose of pedicabs, if they are used in contravention to the regulations made by Transport for London.
The noble Lord, Lord Hunt of Kings Heath, talked about regulating pedicabs out of business. The Bill gives Transport for London the ability to regulate London’s pedicabs so that journeys and vehicles can be safer, anti-social and nuisance behaviour can be tackled, and traffic-related issues can be addressed. There is absolutely no wish to regulate them out of business. I am sure that my noble friend Lord Moylan might be disappointed at that, but properly regulated pedicabs can offer a safe and environmentally-friendly mode of transportation in London. We know that they are popular with tourists, leisure and night-time economy visitors to the capital. The industry has a role to play in contributing to London’s economic success. We do not intend to drive hard-working and honest pedicab drivers and operators out of business. However, we intend to tackle the common issues caused by unscrupulous actors, and this is what the Bill will achieve. I absolutely agree with the point made by the noble Lord, Lord Liddle, about having a balance here.
The benefits are clear. A regulated industry will improve public safety; passengers will know pedicabs are licensed and other road users can be confident they are roadworthy. Further, the Bill will help address some of the common issues that pedicabs give rise to, such as highways obstruction and anti-social behaviour.
Clause 6 sets out that pedicab regulations will be subject to the negative resolution procedure. We consider this an appropriate level of parliamentary scrutiny. It goes beyond London cab orders, which can be made by TfL without any parliamentary oversight. Further, Transport for London will be required to conduct a consultation under Clause 1(3) before it can bring forward any regulations.
To conclude, this legislation will ensure that London’s pedicab industry can be regulated for the first time. In turn, this will address the current legal anomaly and bring the industry in line with London’s taxi and private hire vehicle industries. The scope of this legislation is narrow and focused solely on addressing the situation in London. It will confer powers on TfL to bring forward regulations, equipping it with the tools it needs to tackle anti-social, unsafe and nuisance behaviour perpetrated by certain pedicab operators and drivers.
Parallel to addressing these issues, the Bill will help make pedicabs safer for passengers, pedestrians and other road users, providing assurance that these vehicles are roadworthy, properly insured and operating to clear standards. The introduction of fare controls will put an end to stories of passengers being ripped off, and, further, the ability to effectively enforce the regime will ensure that it has bite.
We recognise the importance of parliamentary scrutiny, and the Bill ensures this by requiring any regulations to be laid before Parliament. Prior to reaching that stage, Transport for London will have to conduct a consultation on its proposals, which will ensure that these are appropriate, fair and considered. I commend the Bill to the House.
Pedicabs (London) Bill [HL]
Tuesday 30th January 2024
(2 months, 4 weeks ago)
Lords ChamberRead Full debate Pedicabs (London) Act 2024 Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 35-I Marshalled list for Report - (26 Jan 2024)
Lord Davies of Gower
Member's explanatory statement
This amendment spells out that provision in pedicab regulations about the conduct of drivers can include provision about making noise. Regulations might, for example, prohibit a driver from making certain kinds of noise or noise over a certain volume at some or all times or in some or all places.
The Parliamentary Under-Secretary of State, Department for Transport (Lord Davies of Gower) (Con)
My Lords, I am grateful for your Lordships’ continued interest in this small but important Bill. The Government have listened carefully to the concerns raised by noble Lords, and I reiterate what I have said in private sessions: that your Lordships’ engagement has helped the Government reflect on the Bill’s provisions.
The first group today consists of a single amendment. It will amend Clause 2(6)(i), which relates to the conduct of pedicab drivers. It will specify that pedicab regulations can include provisions about making noise. During Grand Committee, I was clear that the Bill as drafted provided sufficient scope for pedicab regulations to address the issue of noise, under Clause 2(6). Furthermore, Transport for London has provided assurance that the playing of loud music and causing disturbance would be covered in its regulations.
However, it was clear that your Lordships felt particularly strongly about this issue. This is understandable. The Government are aware of the stories of loud music being played from pedicabs during the day and long into the night, and understand the disruption this causes to residents, businesses and those going about their daily lives. The Government have therefore tabled the amendment in recognition of the importance of this issue and to support the emergence of an effective regulatory regime.
Consistent with the approach taken in the Bill, the precise manner in which noise nuisance is addressed will be for Transport for London to determine in bringing forward regulations, and, again, this will be subject to consultation as per Clause 1(3). I hope that noble Lords welcome this amendment and that it satisfactorily addresses any outstanding concerns. I beg to move.
Baroness Stowell of Beeston (Con)
My Lords, I welcome the amendment tabled by my noble friend. I am hugely grateful to him for having listened carefully during our debates in Committee. I congratulate him on the influence he has been able to have in the department in securing the Secretary of State’s agreement to this change.
I note that my noble friend said that in the Government’s view, the Bill’s original wording was sufficient to tackle the concern about noise; none the less, it is reassuring to have noise provisions in the Bill. I should be particularly pleased if my noble friend emphasised when he winds up that the explanatory statement alongside the amendment on the Marshalled List points out that the regulations that can be made to deal with noise, and which would be subject to consultation by Transport for London, might
“prohibit a driver from making certain kinds of noise or noise over a certain volume at some or all times or in some or all places.”
As my noble friend knows, one of my concerns, and one of the reasons why I was keen to get provisions on noise in the Bill, is that there has been a tendency to talk about noise only after a certain time of day. The existing law that allows any clampdown on noise pollution very much kicks in after a certain time and, as we know, the noise made by these vehicles and their drivers can be particularly disturbing and disruptive at any time of day. That is worth us reinforcing, so that TfL knows the expectation of this House.
As this is probably the last time I will speak during the passage of the Bill, I thank my noble friend again and congratulate him on his successful stewardship of this important Bill, which people have waited a long time for in London. I congratulate him on what he has been able to achieve over the past couple of months.
Lord Borwick (Con)
My Lords, I repeat my declarations of interest from previous occasions. I entirely agree with my noble friend Baroness Stowell—she is right. I worry about the House of Lords legislating for the difference between “noise” and “music”. We might be in a minority in the country overall in our distinction between the two, but this is a magnificent example of a Bill that has been changed by good points made by Back-Benchers in this House. The clause proposed by my noble friend Lord Davies is an entirely sensible move.
Viscount Goschen (Con)
My Lords, I too congratulate my noble friend on his stewardship and handling of the Bill. It is, perhaps, not the biggest, most important transport Bill to come before your Lordships but is none the less highly targeted, and we commend it. In particular, I thank my noble friend for listening to the concerns about noise that have been raised almost universally around the House. I have witnessed this when walking back from your Lordships’ House to where I often stay during the week, and I have heard this extraordinary noise coming from these vehicles.
There is a problem, and the Bill is an enabling Bill. It allows TfL to produce the regulations and regulate the operators of these vehicles. Noise is one of the most important issues the House has heard about, and I am delighted the Government have recognised it and produced their own amendment.
Baroness Randerson (LD)
My Lords, there is a risk that this is beginning to sound like Third Reading, but I put on record from these Benches my thanks to the Minister and his team for their time and the care with which they have considered the points we made on Report and in meetings between then and today. They have been generous with their time and prepared to give serious consideration to the points made.
This amendment is, as noble Lords have said, about noise. Where, when, how and how loud the noise is, is a key aspect of the concerns about pedicabs. This is therefore a very useful addition and clarification and is in direct response to points made in Grand Committee. I am delighted that this amendment has come forward.
Lord Liddle (Lab)
My Lords, on behalf of the Opposition, I will be very brief. We support this amendment and congratulate the Minister on bringing it forward; it demonstrates that Members of the House have been listened to. There is clearly a problem of noise created by pedicabs, and it affects people of all social classes who live in Soho, Mayfair and parts of Westminster. We are glad to see this amendment being proposed.
Lord Davies of Gower (Con)
My Lords, I am grateful for the acceptance of this amendment. We recognise the point made by my noble friend Lady Stowell about noise being disallowed after 9 pm. Clearly, during the winter months and dark nights it is not good to have this sort of behaviour and high levels of noise on the streets. That was very much behind the thinking in bringing this amendment forward. I am very grateful to all other noble Lords who have spoken, and I will certainly pass the thanks on to the team.
Baroness Randerson
“(6A) For the purpose ensuring greater safety of electric powered pedicabs (of a type specified in subsection (6B)) and secondary lithium-ion batteries used to power them, regulations must be made within 12 months of the passing of this Act specifying that such vehicles and the lithium-ion batteries used to power them must—(a) have had conformity assessment procedures carried out on them by a conformity assessment body authorised by the Secretary of State to carry out such assessments; and(b) have the technical documentation and declaration of conformity drawn up by the manufacturer.(6B) The type of pedicab to which section (6A) refers—(a) must be pedalled in order to receive electric-powered back-up; and(b) has an electric motor with a maximum power output of backup power of no more than 250 watts; and(c) can travel at no more than 15.5 mph as the electric motor will not propel the bike when travelling more than 15.5mph.”Member's explanatory statement
This amendment would require the Government to make regulations to introduce independent conformity assessment processes for electric powered pedicabs and the batteries used to power them.
Baroness Randerson (LD)
I regret to tell the House that this group will take slightly longer than the previous one. This amendment in my name is about the safety of pedicabs and the lithium-ion batteries that assist with the pedalling to propel them in certain cases. It covers only pedicabs where the battery back-up is available only when the pedicab is being pedalled, where such back-up can be given only up to 15.5 miles per hour and where the maximum power is up to 250 watts. Currently, there are no requirements for independent safety tests on such vehicles and their batteries.
In Committee, my noble friend Lord Foster put forward amendments about these issues, which I also spoke to. He is unfortunately unable to be here today, so I am attempting to carry forward his work. From the outset on the Bill, safety and testing, in general, have been at the centre of the Government’s thinking. Clause 2(6)(c) refers to “safety requirements” and Clause 2(6)(f) to “the testing of pedicabs”. In his opening speech, the Minister referred to safety on four occasions.
My amendment builds on an issue that has been taken up by noble Lords across the Chamber. I have also raised it previously in different contexts, as has my noble friend Lord Foster. I raised it on 11 July last year with the Minister’s predecessor and my noble friend raised it on 23 November last year in a QSD. Unfortunately, on both occasions, government responses lacked the clarity that we need on the crucial differences in testing requirements between the L-category vehicles up to 1,000 watts and the sub-250-watt electric bicycles. The latter are pedal cycles with an auxiliary electric motor and a maximum continuous rated power of up to 250 watts. The other key difference is that the more powerful vehicles, over 250 watts, have to be registered and have a number plate, which vehicles up to 250 watts do not require.
In Grand Committee, Amendments 21 and 22 dealt with charging systems and with lithium-ion batteries powering electrically assisted pedicabs. The Minister, in his response, said:
“I note that the requirement for power-assisted pedicabs to meet suitable product regulation is covered by existing law and therefore this amendment is not necessary”.—[Official Report, 11/12/23; col. GC 243.]
He then went on to point out that manufacturers are responsible for ensuring that their products meet safety standards. That is self-certification, which is exactly the point of the amendment and why we need higher standards with third-party safety assessments coming in. Those safety assessments should be undertaken by conformity assessment bodies, also called test houses. To assist noble Lords with a parallel, that is how fire- works, for example, are tested and assured for safety.
In his response to our last debate, the Minister also said that batteries must comply with the Batteries and Accumulators (Placing on the Market) Regulations 2008. However, unfortunately, those regulations limit only the amount of cadmium and mercury in the battery and have nothing to do with fire safety testing. I press these issues because already, 13 people have died as a result of lithium-ion battery fires, one person on New Year’s Day this year. Many more people have been very badly injured and there has been a massive cost from the destruction of property.
These amendments are supported by organisations such as the National Fire Chiefs Council, the Association of British Insurers, the Royal Society for the Prevention of Accidents and the charity Electrical Safety First. They are also supported by dozens of other similar organisations—30 in total.
In June, the noble Lord, Lord Offord, assured my noble friend Lord Foster that the Government were taking action on these issues, but nothing has happened since. A recent survey showed that a third of e-bikes and batteries are bought online, where is it known that standards are likely to be lower and the whole situation is known to be riskier. As the Bill is intrinsically concerned with a set of activities—pedicab riding—known to be without any regulation, where the Government rightly say that risks have been taken and these are dangerous activities, this is exactly the kind of situation where some of kind of control over the lithium-ion batteries involved in the vehicles would be very useful, worth while and likely to save lives or reduce the risk to people’s health.
Nearly half the people who charge their bike batteries do so in a communal area. That is known to be the most dangerous place to do it. If a fire breaks out, it blocks your exit and it is far too hot in these circumstances for you to be able to go through that area. More than half of people with electric bikes charge them while they are asleep, so a fire is more likely to take hold. All these risks could be dealt with by safety measures built into the regulations flowing from the Bill and public awareness could be raised. The Government have emphasised the dangers posed by pedicabs and battery fires are clearly part of that. I am certainly not going to push this to a vote today, but I ask the Minister—who is clearly keen to listen to concerns—to think about this very seriously. I urge him either to accept this amendment or to bring something back of a similar nature.
Lord Moylan (Con)
My Lords, I have considerable sympathy with the argument made by the noble Baroness, Lady Randerson. I find it very strange that, in this modern world, it seems impossible to rely on the safety of something as straightforward as a battery. We have known about battery-like things for at least 250 years. I think it was in the 18th century that the first battery was discovered.
Now we have lithium-ion batteries, which appear to be perfectly safe in one’s telephone but not if they are attached to a pedicab. We have a similar problem with e-scooters. On some occasions, the batteries have been known to blow up, which is why they are banned from every part of the London Underground network—platforms and stations as well as trains; they are a fire risk. How has this circumstance come about? I have no answer.
While I have sympathy with the noble Baroness’s argument, I am glad to hear that she is not intending to advance this to a vote. I am not entirely sure that this is the right Bill for the issue to be addressed in. There is a wider question about what the Government are doing to ensure the safety of batteries that are available for consumers to buy as part of equipment. In this case, they are allowed to buy e-scooters, but not to ride them on the public highway. That is another anomaly that perhaps we will address at some stage, when the endless trial the Government have been conducting on e-scooters is eventually brought to a conclusion and some determination is made about their future. There needs to be a measure that addressees the safety of batteries more broadly than simply in pedicabs, as this amendment would.
We will come in the next group to the question of guidance. I will simply say that if my noble friend were to say that safety issues including the safety of batteries would be included in guidance and covered by regulations, I think that would be satisfactory, without the need for the noble Baroness’s amendment. It is an issue that needs to be addressed.
Lord Borwick (Con)
My Lords, I entirely agree with my noble friend; it all makes sense. I shall give a little history: at one stage I was chairman of a lithium battery manufacturer. It is possible in the manufacturing of a lithium battery for a little strip of lithium to move from one part of the battery to another during the manufacturing process. That can later cause a fire.
The trouble with this amendment is entirely that, as my noble friend mentioned, if we got it right in pedicabs, we would be getting it right in only a tiny percentage of the total number of vehicles with large lithium batteries. It is a particularly serious problem when fires break out in big batteries in small houses. These pedicabs are not going to be recharged in people’s houses in the majority of cases; it will be done at a depot of some sort.
This is a good provision in the wrong place. I would look forward to supporting such a clause in a different place, if only there was something equivalent. The noble Baroness has grabbed the opportunity and should be applauded for doing that.
Viscount Goschen (Con)
My Lords, I agree with my noble friend that the first part of the noble Baroness’s amendment is very interesting but has a much wider application. None the less, she has cleverly found an opportunity to air broader concerns about lithium batteries. However, I feel rather sorry for the second part of her amendment, which is a very substantive measure. I do not think she particularly referred to it in her remarks and it has not been covered in the debate so far. It is about the amount of power that can be deployed by these vehicles and that they must be pedal-assisted and not just pure electric power.
The reason I support the noble Baroness’s sentiment behind that is something that we have covered in earlier debates. With electrically powered vehicles, which I think are great and have the ability to solve all sorts of environmental and other problems, particularly in cities, there is a blurring of where an electric bicycle ends and an electric motorcycle begins, and where an electric-powered but pedal-assisted vehicle ends and a motor vehicle begins, and whether the words that the noble Baroness has suggested really belong in TfL’s guidance or in the Bill. My concern is about putting very specific things in the Bill in terms of future-proofing. Who knows what will come along in future developments? Perhaps it is better covered by guidance.
However, there is a much wider concern about the difficulty of keeping up, from a regulatory perspective, with very rapid consumer change and the availability of electric scooters, which we talked about a lot at earlier stages of the Bill. Perhaps when the noble Baroness comes to wind up her remarks, she might just dwell a little on the second part of her amendment.
Lord Liddle (Lab)
My Lords, we on this side of the House have enormous sympathy for the amendment that the noble Baroness, Lady Randerson, has proposed, and I find myself, at least on this occasion, in full agreement with the remarks of the noble Lords, Lord Moylan and Lord Borwick, and the noble Viscount, Lord Goschen. However, it is the Government’s decision that one of the few transport measures they were prepared to put in their programme for this Session was a pedicabs Bill which, of course, is of very limited reach and scope. In fact, you could say that its reach is two wards of a single London borough. That is a pity, given that the country has enormous transport challenges in front of it, such as a failing railway system and the need for bus regulation. I could go on.
However, one of the issues that clearly has to be addressed is the one highlighted in this amendment. Although it would be inappropriate to try to carry amendments on this question of electric batteries, I hoped that the Minister might be able—indeed, I have urged him privately to do this—to come up with a timetable for when the Government might address these wider and more important questions. I am looking forward to his speech because it seems to me that in the House we have had a lot of concern raised about electric batteries and about the experimental period, as it were, of regulation of e-scooters, and we do not know how long that is going to go on for or what the outcome is eventually going to be. I would have thought that the Government must have a plan—after all, they are, I assume, thinking they might be re-elected—so we would quite like to know what future plans the Government have on what are very important and serious matters in which lives are at stake.
Lord Davies of Gower (Con)
My Lords, I thank your Lordships for their diligence in scrutinising this Bill’s provisions. This second group of amendments is focused on electric pedicabs. My department is aware of concerns held by noble Lords surrounding batteries in e-cycles and e-scooters. Amendment 2 in the name of the noble Baroness, Lady Randerson, seeks to place a requirement on the Government to introduce independent conformity assessment processes for electrically powered pedicabs and the batteries used to power these vehicles. If I may say so, she Baroness puts her case well, and I will now seek to answer some of her points.
Noble Lords may recall my response to an amendment tabled in Committee on conformity assessments and potentially placing requirements on power-assisted pedicabs. My response to the amendment debated today will echo my previous position. The Bill is about closing the legal anomaly so that London pedicabs can be licensed for the first time. The amendment raises a much wider question about the construction of electrically assisted pedal cycles.
The UKCA, the UK conformity assessment marking, and its EU equivalent, the CE, the conformité Européene, demonstrate a manufacturer’s claim of conformity with statutory requirements. All e-cycles and e-scooters need to comply with UK product safety regulations. This includes the Supply of Machinery (Safety) Regulations 2008, which set out the detailed health and safety requirements for the design and construction of a product. Additionally, there is an existing requirement in these machinery regulations that responsible persons for all machinery within scope, which would include power-assisted pedicabs, must draw up a detailed technical file and a declaration of conformity. There are existing requirements to carry out appropriate conformity assessment procedures. In instances where the responsible person does not comply with existing requirements, they are in breach of the regulations.
The Government are seeking to reform the UK’s product safety framework through the product safety review. The Office for Product Safety and Standards is currently reviewing responses to its consultation on how it regulates all products on the GB market, including machinery, and where multiple regulations apply to specific products. The Government’s intention is to publish a response later this year that summarises findings and sets out its future plans.
Product regulations would not cover a scenario whereby a pedicab driver or operator adapted their power-assisted pedicab following purchase, However, Clause 2(6) provides Transport for London with the ability to make provisions relating to matters such as safety requirements, testing, speed restrictions, and the quality and roadworthiness of pedicabs. Therefore, there is sufficient scope for Transport for London to determine the expected standards for pedicabs operating on London’s roads.
Although pedicab batteries when not supplied as part of a pedicab would not be subject to a regime that requires the UK conformity assessment marking to be affixed to them, their safety would be covered by the General Product Safety Regulations. These regulations require that all consumer products placed on the market are safe. Furthermore, batteries must comply with the Batteries and Accumulators (Placing on the Market) Regulations 2008, which restrict the substances used in batteries and accumulators, as well as setting out requirements for their environmentally friendly end of life.
In bringing my comments to a conclusion, I draw your Lordships’ attention to the work of the Office for Product Safety and Standards, and Defra. They are in the process of reviewing the position on batteries. This includes examining the new EU battery directive and looking into the safety of the lithium-ion batteries used in e-cycles and e-scooters. This work should conclude in 2024. Alongside this, my department is developing guidance on the safe use of batteries in e-cycles and e-scooters, and we will publish this soon. I respectfully suggest that the Bill, with its narrow focus on licensing London pedicabs, is not the place to start tackling this issue. It is best dealt with as part of the wider work being taken forward by the Office for Product Safety and Standards and by Defra.
Baroness Randerson (LD)
I thank the Minister for his response, although it was rather disappointing. The noble Lord, Lord Moylan, makes the point that this is not the right place for these regulations, but he accepts that there is a clear danger. I simply approach it from the point of view that this might be a good place to start dealing with this danger. However, I accept that pedicabs make up a tiny percentage of the problem, as the noble Lord, Lord Borwick, says.
Lord Davies of Gower
Member's explanatory statement
This amendment means that pedicab regulations will no longer be subject to any form of parliamentary procedure.
Lord Davies of Gower (Con)
My Lords, this final group of amendments covers the process for regulations made under the Bill. Amendment 3 places responsibility for making pedicab regulations solely with Transport for London, meaning that pedicab regulations will no longer be subject to any form of parliamentary procedure.
Noble Lords will be aware that this marks a shift in the Government’s approach. The Government have listened to, and reflected on, the points raised at Second Reading and in Grand Committee, and reached the conclusion that these powers should rest with Transport for London. The Government have reached this view for several important reasons. First, it is consistent with the position for taxi and private hire vehicle licensing in the capital, where Transport for London has demonstrable experience of operating effective licensing regimes. Secondly, the Bill’s provisions extend to Greater London only, addressing the legal anomaly that has meant that London’s pedicab industry has been unregulated. The Bill presents a solution to a London-centric issue. Thirdly and finally, the relative size of the pedicab industry in London is an important factor. Estimates suggest that pedicab numbers range from 200 up to 900 in peak season. This is a significantly smaller industry than London’s taxi and PHV industries, where there are over 100,000 licensed vehicles and over 120,000 licensed drivers. Therefore, this amendment offers a proportionate approach.
While I am confident that this amendment is supported by the majority of your Lordships, I am aware that there may be some noble Lords concerned that Transport for London would seize this opportunity to remove all pedicabs from London’s streets, or to impose draconian restrictions that all but ban these vehicles. I reiterate that I do not—
Lord Tunnicliffe (Lab)
I apologise for jumping in on this point but it is very important. The Minister said that the generation of regulations would be solely the responsibility of Transport for London, which is exactly where we seek to be. In preparing for this debate I looked through the Bill, and all the Minister’s amendment does—I say “all” but it may be enough, in which case I will be delighted—is to take a subsection out of Clause 6. Can I be assured that that subsection’s deletion effectively removes any DfT input to the creation of regulations other than the amendment that goes with it to introduce guidance?
Lord Davies of Gower (Con)
Yes, that is my understanding of the amendment and is correct.
Although I am confident that this amendment is supported by the majority of your Lordships, as I said, I am aware that some noble Lords may be concerned that Transport for London would seize this opportunity to remove all pedicabs from London’s streets or to impose draconian restrictions. However, I reiterate that I do not understand this to be TfL’s intention and, furthermore, it is highly unlikely that pedicab regulations could be used to do this.
However, this moves me to Amendment 4, which gives the Secretary of State the option of issuing statutory guidance to Transport for London relating to how functions under pedicab regulations are exercised. The amendment specifies that statutory guidance may cover how functions are exercised so as to protect children and vulnerable adults from harm. This amendment intends to strike a balance with the removal of parliamentary procedure for secondary legislation made under the Bill. The Government remain aware this will be a newly regulated industry, and this amendment will give the Secretary of State the option of influencing the shape of the London pedicab regime.
Transport for London or any person authorised by it to carry out functions under pedicab regulations on its behalf will need to have regard to guidance issued by the Secretary of State. This provides a level of oversight which I hope provides assurance to any noble Lords with concerns. Further to this, Clause 1(3) requires TfL to conduct a consultation prior to making pedicab regulations.
I hope this demonstrates that the Government have listened, and that these amendments are viewed by your Lordships as a thoughtful way forward, one which will best enable Transport for London to commence work on bringing forward its regulatory regime. I beg to move.
Lord Storey (LD)
My Lords, this is almost full circle for me. About six years ago I received several complaints about pedicabs, and I tabled Written Questions for the then Minister, to be told straight off, “It is nothing to do with the Government—it is a matter for Transport for London”. Therefore, it is quite good that, coming full circle, many of these issues will be taken—with guidance—by Transport for London. That is the right and proper place for some of these issues; it makes sense to me.
I am particularly pleased that notice has been taken of safeguarding issues, particularly for children, and I am sure guidance will include that, and for anybody who is in a vulnerable situation as well, whether it be children or young women. That is absolutely right and proper.
I slightly worry that the issue of identification has not taken place. For example, if a pedicab driver does something that is not correct or behaves in an outrageous way—as we have often seen happen—as I understand it, there is no way to identify who is the owner or the driver of that pedicab and therefore to take action. I hope that this issue might be raised, maybe in guidance to Transport for London.
Baroness Randerson (LD)
My Lords, I will speak to Amendment 5 but in doing so, I welcome the Minister’s acceptance that this is very much an issue for Transport for London. My Amendment 5 is simply there to give the Minister the opportunity to provide this House with clarity on the potential scope of the Secretary of State of State’s guidance. Because we have had this complete somersault between Committee and Report over who is going to be responsible for this, it is important to get that clarification.
There is cross-party consensus that this really is an issue for Transport for London. Like my noble friend Lord Storey, I am very pleased to see the reference to safeguarding in Amendment 4. This legislation obviously applies only to London, but it would be helpful if the Government were to publicise it beyond London because, as we made clear in our discussions at the previous stage, there are pedicab regulations in other parts of the country. It would be useful to have greater awareness of issues such as the importance of safeguarding, registration, safety and so on.
My amendment is a kind of checklist of the main issues to consider: environmental benefits; safety, which is about a lot more than just battery fires; and minimising disruption, danger and disturbance to other people, as some neighbours in London have suffered from noise and inconsiderate parking for a long time. We should not be discussing the suitability of cab ranks in detail here, but it will clearly be of great importance when decisions are made by Transport for London. My final issue is that of licensing and penalties. I assume that licensing will involve identification and registration.
It is important to make it clear that we do not want regulations which are so onerous that they destroy this industry altogether. Like other noble Lords, we want just to bring it under control so that it benefits London and is an asset, not a liability, to London tourism. For the people who hire these cabs, it should be safe and fun, not risky. I press the Minister to reassure us that the Secretary of State’s guidance will not be so onerous that it enables penalties so stiff that they put people out of business.
Proposed new subsection (6) of government Amendment 4 refers to consultation, and rightly so. Can the Minister give us an assurance that there will be Secretary of State consultation with cycling organisations and the organisation representing pedicab operators in London? Its representatives were in touch with us prior to Committee, so there is clearly such an organisation, and it is the kind of organisation that, in other industries, brings a sense of coherence that raises standards, as taxi organisations do. It is important that proper consultation is done.
Lord Borwick (Con)
I am grateful to my noble friend for bringing forward this suggestion, which, as he said, was proposed by many parties. But I am still confused, in that the Member’s explanatory statement, which is very sensible, does not quite tie up with Amendment 3 itself. Amendment 3 says “leave out subsection (2)”, but why is subsection (1) still in place? That says that
“The power to make pedicab regulations is exercisable by statutory instrument”.
If the intention is that they should not be exercisable by statutory instrument, why should we leave in that phrase? Would it not be better if the amendment left out both subsection (2) and subsection (1)? I think that would improve the Bill.
Lord Tunnicliffe (Lab)
My Lords, I first thank the Minister, as others have done, for the amount of time he has taken on this Bill. Our central concern was that this is a London problem, and we created TfL to look after London’s problems. Now, I am in favour of TfL—somewhat biasedly, because I helped create it—but it has lived up to our expectations and has done a good job over the 23 years of its existence. It is very much the right organisation to do this task.
I thank the Minister for his Amendment 3, which he assures me will give TfL sole responsibility for developing regulations. I do take the point about why subsections (1), (3) and (4) are being retained, but I am sure it is all right because I have faith in the wonderful drafting powers of his team. If, upon consideration, they become a concern, I am sure that a government amendment will be tabled at Third Reading to amend any conflicts between the different parts. I hope he will give that consideration, if his team do advise him that there is a conflict.
Having said that I am in favour of Transport for London doing this task, I grudgingly accept that some of the concerns about TfL getting carried away and banning everything in sight, and making people bankrupt by charging them utterly unreasonable fees et cetera, do make a case for Amendment 4. Therefore, I recognise that that is the trade-off between the important position to take throughout the parliamentary process, while making sure there is a potential for government to create guidance that TfL has to have regard to. The balance between the two amendments, from our point of view, is acceptable.
The noble Baroness, Lady Randerson, has produced Amendment 5, which is drafted very much in the terms of many of her amendments, in the sense that it is motherhood. I am actually in favour of motherhood; it helps the world go round, and it says a series of sensible things. But the problem with putting something in legislation is whether it says all the things that should be said, or whether, conversely, it contradicts things that might be wanted. I am afraid I cannot support her. I do not think it is her intention to press the amendment, but I do commend it as a questionnaire for the Minister, to clarify the Government’s position on the points raised.
Lord Davies of Gower (Con)
My Lords, I once again thank your Lordships for their careful consideration of the Bill. I have outlined the purpose of the Government’s amendments in this group, and will now address Amendment 5, in the name of the noble Baroness, Lady Randerson.
I first reiterate the Government’s objective in bringing forward this Bill. The purpose is to provide Transport for London with the tools it needs to regulate London’s pedicabs so that journeys and vehicles are safer and fairer. This means addressing both the safety-related and traffic-related concerns, and tackling the antisocial and nuisance behaviour of certain pedicab operators and drivers.
Amendment 5, which attempts to set objectives to which the Secretary of State must have regard when issuing statutory guidance, shares the Government’s objectives. However, this has been tabled in response to the Government’s Amendment 4, which provides the Secretary of State with the option of issuing statutory guidance to Transport for London relating to the exercise of its functions and the pedicab regulations. This provides clear parameters for the scope of any statutory guidance and therefore Amendment 5 is not necessary, as the matters it covers are addressed by provisions in the Bill. In addition, I note that prescribing in detail what the Secretary of State must consider when issuing guidance could have the effect of inadvertently excluding from the scope of the guidance matters which have not been specifically listed. For this reason, a general approach is considered preferable.
I will highlight some of the relevant provisions in the Bill. Clause 2(5) covers fares, including what fares may be charged and how passengers are notified of these. Clause 2(6) covers a wide range of issues relating to the operation of London’s pedicabs. This includes safety, the quality and roadworthiness of pedicabs, the working conditions of drivers and their conduct. Clause 2(7) gives Transport for London the power to place limitations on where and when pedicabs can operate, and Transport for London has already confirmed it will need to give proper consideration to the matter of pedicab ranks, taking into account the needs of pedicab drivers, passengers and other road users. Clause 3 sets out the enforcement mechanisms available to Transport for London and includes details of penalties.
A couple of points were raised by noble Lords. The noble Lord, Lord Storey, talked about identification of the pedicabs. That really will be a matter for Transport for London, however it intends to license them. I can think of various ways it could do it; I am sure he could as well but it will be a matter for Transport for London. On the point raised by the noble Baroness, Lady Randerson, regarding the need to consult, that is written into the Bill, most certainly, and I feel quite sure that cycling organisations will be included in that. I think that more or less covers everything apart from the point from the noble Lord, Lord Borwick. On that, we can confirm that this is solely Transport for London’s responsibility.
Lord Davies of Gower
“Guidance(1) The Secretary of State may issue guidance to Transport for London about the exercise of their functions under pedicab regulations.(2) The guidance may, in particular, include guidance about how those functions may be exercised so as to protect children, and vulnerable individuals who are 18 or over, from harm.(3) The Secretary of State may revise any guidance issued under this section.(4) The Secretary of State must arrange for any guidance issued under this section, and any revision of it, to be published.(5) Transport for London, and any person authorised by them to carry out functions under pedicab regulations on their behalf, must have regard to any guidance issued under this section when exercising their functions under the regulations.(6) Before issuing guidance under this section the Secretary of State must consult whoever the Secretary of State considers appropriate.”Member's explanatory statement
This clause allows the Secretary of State to give guidance to TfL about the exercise of functions under pedicab regulations. Subsection (5) requires TfL, and those authorised by TfL to exercise functions under the regulations, to have regard to the guidance when exercising functions under the regulations.
Pedicabs (London) Bill [HL]
Tuesday 6th February 2024
(2 months, 3 weeks ago)
Lords ChamberRead Full debate Pedicabs (London) Act 2024 Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 35-I Marshalled list for Report - (26 Jan 2024)
The Parliamentary Under-Secretary of State, Department for Transport (Lord Davies of Gower) (Con)
My Lords, I thank all noble Lords who have contributed to the consideration of the Bill. Your Lordships’ invaluable insights, careful consideration and scrutiny have helped guide government amendments and resulted in a Bill that is not only in excellent shape but is one which I am confident we are sending to the other place with a consensus from your Lordships’ House.
As I mentioned at Second Reading, the Government have been committed to bringing forward this legislation when parliamentary time allowed. I am pleased to have had the privilege of taking this small but very important Bill through the House, and that your Lordships have been united in supporting the principle behind the Bill—namely, addressing the legal anomaly concerning London’s pedicabs.
Before I move on to my thanks, I will first draw noble Lords’ attention to an update following Report last week. My department published guidance on 1 February relating to the safe use of batteries in e-cycles and e-scooters. This matter has been raised consistently throughout the Bill’s passage through this House.
The guidance will raise awareness for owners on how to safely purchase an e-cycle or e-scooter and ensure that these meet manufacturing requirements and are bought only from reputable sellers. Other matters covered by the guidance included safe storage and charging, the warning signs for fire risk and how to address them, and how to dispose of batteries responsibly. I hope your Lordships consider this a helpful development and, as I mentioned in my comments on Report, the Office for Product Safety & Standards, and Defra, are in the process of reviewing the position with regard to batteries.
I now commence my thanks by recognising the critical role of my honourable friend Nickie Aiken, the Member for the Cities of London and Westminster, in raising awareness of the issue of pedicab regulation in London. She has been a tireless campaigner and shown commitment and determination in ensuring the legislation be brought before Parliament.
I am also most grateful for the constructive way the Opposition Front Benches have engaged with the Bill. I thank the noble Lords, Lord Tunnicliffe and Lord Liddle, and the noble Baroness, Lady Randerson, for their thoughtful contributions both on the Floor of the House and outside. I thank all the other noble Lords who have contributed with such clarity; playing their part in ensuring that the Bill we send to the other place is in great shape. In particular, I thank my noble friend Lady Stowell of Beeston, who has been a prominent supporter of my honourable friend Nickie Aiken’s campaign.
I hope noble Lords will join me in thanking all the policy officials and lawyers in both the Department for Transport and across government, whose efforts have contributed to making the Bill happen. I thank in particular the Bill team, Kenny Way, Chris and Donelle, and Adam Lawless in my private office. I also extend my gratitude to—I apologise for not having their surnames—Diggory and Douglas, the drafters in the Office for Parliamentary Counsel, who have prepared the Bill and its amendments during its passage.
Finally, I thank Transport for London for its engagement and support in bringing the Bill forward. The Bill will ensure that TfL has the tools it needs to effectively regulate pedicabs for the first time, and the Government look forward to a regulatory regime being implemented. As we send the Bill to the other place, I am confident that it will need very little, if any, amending. The Bill will make London’s roads safer and address the anti-social nuisance caused by rogue pedicabs.
Lord Liddle (Lab)
My Lords, I, too, thank the officials who have worked on this Bill and the Minister’s private office for the work they have put in. I also thank the noble Lord, Lord Davies, for taking due account of the points that we made in the passage of the Bill. On the main question of how this regulation is going to be conducted, we have reached an acceptable consensus, and I thank him very much for that. I also welcome his statement today about the battery issue, which I think is a real public health and safety hazard. I am glad to see the Government recognising that and doing something about it.
This Bill, while not the most important piece of legislation we have ever seen—indeed, I think I may have remarked before that it basically affects two wards of a single London borough—is nonetheless tackling something that has been a considerable nuisance by ensuring that the pedicab sector is properly regulated and does not damage London’s reputation as an attractive tourist centre, which I think is very important. So we support the Third Reading of this Bill and look forward to its quick passage in the other place.
Baroness Randerson (LD)
My Lords, as the noble Lord, Lord Liddle, stated, this Bill is limited in its scope. Indeed, it probably receives virtually no recognition beyond a couple of miles from this place—but it has been wanted for decades because of an increasing problem. Now this Bill is being passed in this House and sent down the Corridor, perhaps we can look forward to pedicabs becoming an asset to London’s tourism.
I add my thanks to the Minister and his team. They have been exceptionally generous with their time and exceptionally constructive in their approach. As a result, this is a much better Bill than when it came to this House. The devolution of powers over pedicabs to Transport for London is an issue of basic common sense. We have achieved that, and I thank the Minister for that and, finally, for his statement about batteries today. I had written a piece in preparation saying they are an unresolved issue and urging the Minister to keep working on it, but I can now thank the Minister very much indeed for his statement. It is not all that campaigners want—far from it—but it is a step forward. We are making progress, and I thank him for that.
Lord Berkeley (Lab)
My Lords, I add my thanks to those of other noble Lords. Getting this Bill through your Lordships’ House has been very interesting process. There must have been a record number of people who went to see the clerks in the Public Bill Office and said they would like to add something about scooters and batteries, how you should ride scooters and that you should not do it on the pavement. We were all told—quite rightly—go away because it was outside scope. Now, at least the Minister has said that he and his department are looking at that and will also look at batteries, which are a very important part of it. One day, perhaps with this Government or probably the next Government, we might see something about riding bikes, electric or otherwise, and scooters where they are supposed to be, which is on the road, not on the pavement.
Lord Davies of Gower (Con)
My Lords, I have nothing further to add. I beg to move that the Bill do now pass.
Pedicabs (London) Bill [Lords]
Wednesday 28th February 2024
(1 month, 4 weeks ago)
Commons ChamberRead Full debate Pedicabs (London) Act 2024 Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 35-I Marshalled list for Report - (26 Jan 2024)
The Parliamentary Under-Secretary of State for Transport (Guy Opperman)
I beg to move, That the Bill be now read a Second time.
It is a pleasure and a privilege to move the motion on Second Reading for this Bill, which tackles an issue that has plagued London’s roads for far too long. Without a shadow of a doubt, the Bill has a long and chequered history in getting to this stage, and legislators have been calling for legislation on the issue for over 20 years. It is unquestionably the case that in 2011 the Law Commission commenced its 11th programme of law reform, which included a review of the legal framework relating to this space. That was published on 23 May 2014, and it recommended bringing pedicabs within the scope of taxi and private hire regulation.
Successive Mayors, including the present Mayor, have supported regulation in this space. The previous Mayor of London, Mr Boris Johnson, called in 2012 for Transport for London to have the power to remove pedicabs that do not meet rigorous safety and licensing standards. An independent task and finish group on taxi and private hire vehicle licensing was subsequently commissioned by the Government in September 2017.
Nickie Aiken (Cities of London and Westminster) (Con)
The Minister is making a very good point about the cross-party support from both a Labour Mayor and a Conservative Mayor. Does he agree that it is important to recognise that the pedicab industry has also called for proper regulation? The London Pedicab Operators Association wrote to me to say that it is
“in accord with the universal view that pedicabs must be fairly and appropriately regulated fast.”
Does the Minister agree that it is important to do it now?
Guy Opperman
Anyone who has seen this particular problem on the streets of London will accept that there is clear public demand for pedicabs and that there are organisations that want to have regulated, safe pedicabs on the streets of London. My hon. Friend is right to say that the industry wishes to be regulated so that the good actors can be supported, so that people can have trust in this industry, although it is small, and so that the rogue actors—I will come on to them in a bit more detail—are not only discouraged but prevented from operating in this way.
We have to be blunt about some of the particular examples, and this has a significant and real impact on the tourist industry in this country, on women’s health in particular—but also that of general members of the public—and on the potential commission of crime. Some of the worst examples include a tourist charged more than £450 for a seven-minute, 1.3 mile journey with their two children, another charged £500 for a 10-minute journey between Mayfair and Soho, and one hit with a £180 bill for a three-minute journey—fortunately on that occasion the driver was ordered to return the money by local police and Westminster City Council.
The truth is that the task and finish group has been seeking a space for a safe and responsible pedicab trade. The quote that is set out in the House of Commons guidance says that
“there has been much justified criticism in recent years of rogue pedicab operators taking advantage of tourists with excessive charges and absence of safety checks”,
and it goes on:
“It is not acceptable that Transport for London is unable to regulate pedicabs to ensure a safe service; the Government announced in 2016 that it would rectify this, and the legislation should be brought forward as soon as possible.”
That was said in 2018. Subsequently, in 2019, the Government made it crystal clear that they supported the Bill.
There have been various attempts to bring this matter forward and—let us be blunt—this is a thin Bill dealing with a niche issue, but it is something that genuinely does matter. Such issues are traditionally often handled by way of a private Member’s Bill, and various colleagues have tried to bring this matter forward by way of a private Member’s Bill, starting with my hon. Friend the Member for Sutton and Cheam (Paul Scully).
Guy Opperman
As I have just named my hon. Friend, I will be delighted to give way.
Paul Scully
I am grateful to the Minister for giving way, and he is, as ever, making an excellent speech. Does he agree that the Mayor, the councils, residents, businesses, Parliament—largely—and the pedicab industry itself agree with simply changing a 19th-century legislative anomaly in order for the only form of public transport in London that is not regulated to come under that banner? Does he agree that this could and should have been done years ago, and that it should be done easily now?
Guy Opperman
My hon. Friend will know that pedicabs are effectively stage carriages under the Metropolitan Public Carriage Act 1869—with which we are all deeply familiar, I am quite sure. That means they are the only unregulated form of public transport operating on London’s roads. He is right to highlight that this has cross-party support across London, as well as support from a variety of Mayors and local authorities. It has the support of the business industry and those who want to be part of a regulated pedicab industry. Tourists visiting London who step into a pedicab should not, I believe, face the risk of an inappropriate fare, an unlicensed driver who has had no background checks, and a vehicle with potentially no safety standards—sadly, that is fairly regularly the case.
Sir Christopher Chope (Christchurch) (Con)
Would we not have had a regulatory regime had the Licensed Taxi Drivers’ Association not been campaigning openly and publicly for banning pedicabs altogether, rather than regulating them?
Guy Opperman
I say with real, genuine respect for my hon. Friend—I was his Whip for a while—who clearly has strong views on these matters, that although the London taxi drivers may have a view, having unregulated providers on the streets of London who are clearly, in some sad cases, abusing tourists and having a very bad reputation—ripping people off to the tune of £500 for a couple of minutes’ journey—does not give a good image of London. There have been attempts under successive Governments to tackle this issue by way of private Members’ Bills, which is often how small legislation is often dealt with in this place. The taxi drivers do not have anything fundamentally to fear from a regulated pedicab industry, because regulated pedicabs exist in other cities, and it is not the case that anybody is trying to take away unfair competition. The taxi drivers have been regulated in a perfectly appropriate way by successive Governments on a cross-party basis, and we want them to thrive and exist and provide the services they do to Londoners and tourists alike.
Sir Christopher Chope
Is the Minister aware that at a meeting with licensed taxi drivers at City Hall on 17 January 2004 Bob Oddy referred to a video produced by the LTDA, “Ban Don’t License”, and the LTDA was campaigning not for registration of pedicabs but for a complete ban? Will the Government commit to ensuring pedicabs are not regulated out of existence?
Guy Opperman
There is quite a lot to unpick from that question on events of 20 years ago, but I will do my best.
First, the Government do not want to regulate any particular part of the sector out of existence, and, in fact, pedicabs exist elsewhere. Secondly, I am absolutely confident that we can have a situation in which people are charged an appropriate fee for what is a physical activity—charging for cycling someone around the flattish streets of London is fairly simple stuff—and pedicab operators get a proper return for their endeavours while making sure the cost is not £500 for five minutes. It is perfectly possible for us to create a proper market where there are safety checks in the usual way without pedicabs no longer being in existence.
The point is answered by my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken): as she rightly points out, a number of pedicab operators want to get rid of the bad actors so they can thrive. There is nothing fundamentally wrong with that—there really is not. There is space in the great city of London for the black cab industry, the private motor vehicle industry in the form of private hire, and pedicabs; all three can and should co-exist, along with all the buses, the tube and the like.
Florence Eshalomi (Vauxhall) (Lab/Co-op)
I agree with the Minister about the mixture of transport modes we enjoy in London—and people should also be able to enjoy that across the rest of the nation. Bringing us forward to the last few years as opposed to 2004, when I chaired a transport committee on the London Assembly in 2017 we looked at accessibility and ensuring access to different transport modes in the capital. Does the Minister agree that by bringing forward this legislation and helping Transport for London to set the regulation, we will have licensed pedicabs with clear operators, allowing for a licence duration, fees, suspension and clear charging, which will help pedicabs add to the mix of transport modes in London?
Guy Opperman
It is hard to disagree with those points, but I accept that my hon. Friend the Member for Christchurch (Sir Christopher Chope) has concerns and I want to try to try to address some of his points. This is not something that just one side of the House is seeking; all parts of the House are seeking it, as have successive Mayors, including Mr Boris Johnson, late of this parish, who enthusiastically supported it.
I accept entirely that some may have concerns about Transport for London not being part of the Government as such, but successive Mayors of different political persuasions have been happy for TfL to run this appropriate regulation. The hon. Lady touches on a variety of points, but clearly there are other issues, such as noise, the persistent and ongoing blocking of footpaths—which unquestionably has significant issues for accessibility—and the general causing of nuisance. Without a shadow of a doubt, there are plentiful examples to show why this measure has been called for on a repeat basis and why the Government should act in this space.
Sir Edward Leigh (Gainsborough) (Con)
I am not against this Bill, but I would like some general reassurance from the Minister. I am not the sort of Conservative who believes in more regulation, particularly when it comes to young entrepreneurs providing a fairly simple service for tourists. Can he assure me that, when this regulation comes into force, it will be light touch and not onerous, so that we do not kill this young and perfectly acceptable industry? I am perfectly happy to be reassured; I just want the Minister to do that for me.
Guy Opperman
The answer is yes and yes. The key point is that, as this is a totally unregulated market, it is hard to be precise as to how many people are providing this service on a daily or weekly basis. In London, it is in the several hundreds, rather than the thousands. Those who wish to take this industry seriously and do things properly unquestionably feel that they can run a young entrepreneurial business with a proper reputation and the right amount of enthusiasm and aspiration in a truly Conservative way, and also provide a safe service in which tourists can have confidence. I genuinely believe that that is the case. If it matters that there is a strong recommendation that the measures will be appropriate, but light touch, I am happy to provide that from this Dispatch Box.
I have gone on for longer than I intended, but I genuinely believe that the Bill will ensure that the pedicab industry is respectable, safe and regulated in an appropriate fashion, and that it brings the same accountability to this industry that we rightly expect in a great capital city that is, rightly, a tourist hotspot, and we wish to continue to support that. The Bill is supported by Londoners, councillors and Members of Parliament, and there is no question but that I am happy to commend it to the House.
Simon Lightwood (Wakefield) (Lab/Co-op)
It is a pleasure to speak for the Opposition on Second Reading this afternoon. As my colleagues in the other place have set out, Labour welcomes this short yet vital Bill and will support its progress, but it is long overdue. After years of asking for these powers from the Government, the Bill will finally give Transport for London the power to tackle the blight of unregulated pedicabs in London—largely in the city’s west end.
As colleagues will know all too well, pedicabs have been able to operate without regulation for decades due to a legal loophole in London. They are not considered taxis under the current law and are instead defined as “stage carriages” under section 4 of the Metropolitan Public Carriage Act 1869.
However, with section 4 no longer in force, a completely unregulated pedicab industry has emerged in London. Indeed, as the Minister inferred, it is the only form of unregulated public transport in the capital. Between 2018 and 2023, 24 pedicab operator incidents were reported in London, including six sexual offences and 13 injury-causing collisions. Pedicabs have also been notorious for egregious overcharging of tourists, as of course they are currently entirely free to determine their own fares, sometimes seemingly at random. As the Minister referenced, a tourist with two young children was charged more than £450 for a seven-minute journey in a pedicab. The driver intimidated the tourist into immediate payment and then disappeared—presumably to avoid being reported. This is just one of many concerning reports of unacceptable behaviour from unlicensed operators.
It is clear that TfL urgently needs the powers necessary to regulate, and I am pleased that the Bill will go a long way in making pedicabs safer for passengers, because it is this emphasis on safety that is so vital. I know that the Minister and I agree that we do not want pedicabs banned from London streets; we just want them to be as well-regulated on safety as any other mode of public transport.
Matt Rodda (Reading East) (Lab)
I am grateful to my hon. Friend for giving way. He is speaking very eloquently. I also welcomed the words from the Minister this afternoon. Does my hon. Friend agree that there is a very similar situation with other new forms of transport, such as e-scooters and e-motorbikes? Hopefully, there can be a similar discussion about the safety issues and about balancing the need for new forms of transport against the safety of pedestrians. Perhaps he can say a few words about the need for the Government to look at that issue as their next objective in this area of transport policy.
Simon Lightwood
I agree with my hon. Friend. I would have liked to have seen the Government hold to their promise of delivering a comprehensive transport Bill. Things such as e-scooters need a decision one way or the other; we cannot extend the trials indefinitely.
A regulated pedicab sector can bring enormous benefits to London, as a unique zero-carbon way to travel in an equally unique, thriving part of London with a bustling night-time economy. Indeed, a sustainable pedicab industry can be in keeping with the treasured, colourful, unique character of the west end, while also ensuring that regulations are in place to keep passengers safe.
I am pleased that the Bill has reached this Chamber in a much improved state, thanks to the hard work of colleagues in the other place, notably Labour lords. In particular, we welcome that the Government have conceded on ensuring that the power to regulate is entirely devolved to Transport for London, rather than the time-consuming and unnecessary step of requiring parliamentary approval. Such a requirement would have been anomalous compared with TfL’s wider powers on private hire regulations, or indeed with other combined authority’s regulatory powers. For that reason, we welcome the Government’s removal of subsection (2) of clause 6 and the insertion of clause 7 on guidance from the Secretary of State instead.
Additionally, we warmly welcome the Government’s decision to amend clause 2, to make provision for regulation on noise nuisance, which is a key concern that stakeholders have been raising for years. That being said, as positive as the Bill is, the Government have taken far too long to get to this point. Transport for London, Westminster City Council, the Local Government Association and various night-time economy trade associations have been calling for action on pedicabs for years. And for years, the Government repeatedly promised action, with private Members’ Bills even being proposed on the same topic by Government MPs. The reality is that this legislation is desperately overdue and should have been part of a much more comprehensive transport Bill. Local councils, industry bodies and manufacturers alike are crying out for clarity from the Government on e-scooter and e-bike regulations, for instance, but the Government seem to refuse to take this opportunity to make progress in this area.
None the less, the Bill is important in its own terms, and I am pleased that TfL’s power to regulate on this issue will be on the statute books in due course. A key issue that many stakeholders, including the Licensed Taxi Drivers Association and Transport for London, have raised is making pedicab operators eligible for enhanced Disclosure and Barring Service checks in line with taxi and private hire drivers. I know that that was raised by several colleagues in the other place, where the Minister said that the Government are looking into it. I would be grateful if the Minister could provide an update and say whether we can explore that in Committee, because this is an opportunity to ensure that passenger safety is as robust as possible.
Overall, this is a much-needed but desperately overdue Bill. I look forward to working with the Minister and other colleagues as the Bill progresses.
Nickie Aiken (Cities of London and Westminster) (Con)
I, perhaps more than most here today, welcome the Second Reading of the Pedicabs (London) Bill. It does seem to be groundhog day for me, as this will be the third time since entering Parliament in 2019 that I have stood in this Chamber and spoken on Second Reading to highlight the need for a licensing scheme for pedicabs in London.
Madam Deputy Speaker, you and others in and outside Parliament could be forgiven for wondering why on earth the Government have given time for this small Bill. One would expect that it should become law via a private Member’s Bill, as the Minister mentioned. It should have done, as four attempts have been made via private Members’ Bills to introduce a pedicabs licensing scheme in London. One was made by my hon. Friend the Member for Sutton and Cheam (Paul Scully); a second by my predecessor, Mark Field; and since entering Parliament I have twice promoted a private Member’s Bill on pedicab licensing, but because of the way such Bills fall due to a single objection, mine have failed.
Therefore, I am truly grateful for what the Government have done, first under the former Prime Minister, Boris Johnson, who was 100% behind the wish to secure pedicab legislation. He agreed with the then Transport Secretary, my right hon. Friend the Member for Welwyn Hatfield (Grant Shapps), to put a clause in the planned transport Bill, which fell when Mr Johnson resigned. I then started my lobbying from scratch and met No. 10 officials from the current Administration to make the case for pedicab legislation to be given Government time.
I would like to put on record my thanks to people from across Parliament who have provided help, particularly Baroness Stowell of Beeston, who supported my campaign to lobby Ministers and their special advisers. I would also like to put on record my thanks and admiration for the two special advisers, James Nation and Will Tanner, who accepted that we needed to introduce pedicab regulation. Without them, we would not be here today and I thank them, the Minister and the Transport Secretary for understanding the reasons why we need this legislation. I did not know for certain whether we would get Government time for this legislation, so when I stood in the other place and heard His Majesty announce
“A Bill will be introduced to deal with the scourge of unlicensed pedicabs in London”,
you could have knocked me over with a feather.
It is fair to ask why we need this legislation at all. First, I wish to point out that this Bill does not and will not propose to ban pedicabs from the streets of London; it is about improving the conditions for drivers and passengers. I firmly believe that if we could have properly regulated pedicabs, they could offer a very positive and special visitor experience. I understand that pedicab regulation already exists in this country and where it does, in places such as Oxford, York and Salisbury, we still see pedicabs, but they provide a much better offer. It is clear that the regulation of pedicabs does not mean their eradication.
Sir Christopher Chope
My hon. Friend will have seen, as I have, the briefing from Cycling UK. Does she recall that it says:
“Even where local authorities have been keen to support local would-be pedicab operators (as has happened in Oxford, Salisbury and York), they have been unable to operate on a ply-for-hire basis, because the local taxi operators (who view them as competition) start asking questions about whether the pedicabs and their operators have the same insurance etc”?
Pedicabs have not been able to operate in those areas outside London because of the opposition from the licensed taxi drivers.
Nickie Aiken
I thank my hon. Friend for that point. As far as I am concerned, Cycling UK has supported this Bill—I have had several meetings with Cycling UK and I believe my hon. Friend may have been involved in some of those meetings previously. It has always understood why I want to bring in this Bill. It is important to make the point that the drivers and vehicles must be safe. There have been too many instances where police operations and operations in conjunction with Westminster City Council have found drivers who are unfit to be taking passengers, including those who are wanted for serious crimes, such as sexual violence crimes. I believe that one person was even found to be wanted for murder—
Florence Eshalomi
Does the hon. Lady agree that this regulation is not just about ensuring a fair and transparent fare model, because TfL will have the option to ensure that those drivers undergo criminal checks and that they have the right to work in the UK?
Nickie Aiken
I thank the hon. Lady for her intervention, as it comes to the crux of why I wanted to introduce this legislation: I want to make these vehicles safe, not only through ensuring that they are passing MOTs and are fit to be on the street, but by ensuring that the drivers are safe. Again, as a result of the operations that the police and Westminster City Council have undertaken over the years, we have found asylum seekers who have not got the right to work driving these pedicabs, and we have found illegal immigrants who have not got the right to work here. Let us not forget that those people are also being exploited. One reason it is important to have regulated pedicabs is that it will ensure that drivers have rights.
We also have to ensure that we have a regulated, fair system in place. Operators must adhere to the highway code and not play blaring music at all hours of the day and night. It is time that pedicabs in London were regulated, as black cabs, Ubers and private hire vehicles are. I hear what my hon. Friend the Member for Christchurch (Sir Christopher Chope) says about what the Licensed Taxi Drivers’ Association said 20 years ago. In my own meetings in the last couple of years, taxi drivers have been very clear that they want a level playing field. They do not expect pedicabs to be banned; they just want them to be as safe as black cabs. Why should a black cab driver have to jump through so many hoops to get on the road, when a pedicab driver can literally get on a pedicab, go on to the streets of Westminster and ply for trade? It cannot be right, and we have to ensure that the whole system is fair, just and legal.
Parts of my constituency, including Soho, Covent Garden, Marylebone and Fitzrovia, can become like the wild west. It becomes the wild west end at times because of the sheer number of pedicabs on the streets. Too many play extraordinarily loud music, often block roads and pavements, disrupt residents and businesses, and have a poor track record of exploiting London’s tourists.
I am extremely grateful for the wide range of support that I have had for securing pedicab regulation from local people across the two cities, from residents associations such as the Soho Society, the Marylebone Association, and the Covent Garden Community Association, and from businesses including the Hippodrome, Heart of London Business Alliance and the New West End Company. I also thank Roger Geffen from Cycling UK, Chris Dixon from Pedal Me, and Friedel Schroder from the London Pedicabs Operators Association, who have been on this journey with me and always provided me with the information and support for what I intended to do.
The reason pedicabs are not regulated in London, as we have heard, can be traced back to the fact that, under the Metropolitan Public Carriage Act 1869, pedicabs in Greater London are defined as a stage carriage. Modern legislation has not corrected the issue, and thus pedicabs do not fall under Transport for London’s licensing powers. As a result, pedicabs are currently the only form of public transport that is not regulated in London. The Bill corrects that, clearly outlining that, to attain a licence to operate a pedicab, operators must adhere to several requirements pertaining to their pedicabs. The requirements relate to the road-worthiness and cleanliness of pedicabs, safety and insurance, the type of equipment that must be carried onboard, the appearance and marking of pedicabs, and the conduct of pedicab operators.
I must thank the noble Members of the other place, where the Bill began its parliamentary journey, who have improved the Bill and ensured that it is as watertight as possible. I put on record my gratitude to the transport Minister Lord Davies of Gower for his excellent stewardship of the Bill through the other place, and for joining me and today’s Minister, my hon. Friend the Member for Hexham (Guy Opperman), on a visit to Leicester Square on a Sunday evening to see the situation for himself. I am sure that it was enjoyable, and a different ministerial visit than they are both used to. In that time, we saw four pedicabs blocking a pavement, which would have prevented an emergency vehicle, be it an ambulance, fire engine or police vehicle, from entering Leicester Square had there been an incident. Pedicabs have to be properly regulated to ensure that the public are safe.
The other place has tightened up the definition of a pedicab to prevent any adjustments from being made to a pedicab to get around the licensing requirements. Not only will the Bill ensure that the conduct of operating a pedicab is regulated, but it will provide Transport for London, which will operate the licensing scheme, with the powers to implement a proper, fair system like the ones for black cabs and Ubers. Rip-off fares from pedicabs are a constant theme in my inbox, and in media coverage.
Florence Eshalomi
I thank the hon. Lady for making such a powerful speech on why we need regulation. Is she aware of the BBC Democracy report on its undercover work looking at the fee charges? One pedicab charged a flat fee of £5 per minute and another reportedly close to £500 for a 10-minute ride. Does she not think that that is an extortionate rip-off?
Nickie Aiken
I absolutely agree and thank the hon. Lady for her points. The BBC Democracy report was fascinating about some pedicab drivers, although I must make the very important point that not all pedicab drivers are rogues. There are brilliant organisations and companies such as Pedal Me—I have worked with Chris Dixon, the founder—which is an outstanding pedicab company that looks after its drivers properly, and its vehicles. I want all pedicabs to be like that. The BBC Democracy report, however, showed that some pedicabs drivers are being used for drug dealing and taking people to brothels, where they deserve what happens if they go to some very dodgy club. That is why we have to regulate and ensure that drivers are fit to carry passengers and that they are legally able to work in this country, more than anything.
Such pedicab fares are in the media constantly, especially when pedicab operators take advantage of vulnerable tourists enjoying the incredible cultural offer of the west end. A constituent who came across one such tourist incident wrote to me:
“The Pedicab operators got very aggressive when the Americans refused to pay £300 for a journey from Trafalgar Square to Great Smith Street”,
which is a journey of 0.8 miles. I welcome the Bill’s providing Transport for London with powers to set what fares can be charged, when and how passengers must be made aware of the fares, and what methods of payment are acceptable.
Perhaps the most popular part of the Bill for my constituents is the provisions on riders’ conduct, which thanks to the other place have been strengthened to include noise limits. The frustration local people often face due to the loudspeakers many pedicabs carry was best summed up by a constituent who told me:
“I have no choice but to listen to music hour after hour, day after day, and often until the early hours of the morning. They are left in situ, able to do it, as they all know the council and the police have no powers to stop them”.
I was therefore pleased to see the other place strengthen the Bill’s ability to tackle unreasonable noise levels by adding noise restrictions to the conduct requirements that operators must meet in order to keep their licences.
Florence Eshalomi
The hon. Lady may know that a number of pedicabs congregate outside St Thomas’s Hospital in my constituency, where patients are recovering from lifesaving treatment. Does she agree that having that noise blaring out in the early hours of the morning is totally unreasonable?
Nickie Aiken
It is completely unreasonable; the hon. Lady makes a good point. Not only hospitals are affected; hotels are losing business. If a pedicab is outside a hotel in the west end at 2 in the morning and does not move for hours, patrons rightly complain and ask for their money back. This is not just about residents and hospital patients, but about businesses losing money.
I am pleased about the noise levels being added to the restrictions. As my constituent rightly pointed out, pedicabs can get away with acting like that, because there are no powers to contain them. The Pedicabs (London) Bill will bring that to an end, I hope. Those operators who do not adhere to their new licence terms can be given a fixed penalty notice. If the conduct of operators does not improve after that, Transport for London reserve the right to demobilise, seize and dispose of pedicabs that contravene the regulations. That will make a huge difference.
Finally, I will touch on the role of Transport for London. I put on the record my sincere thanks to Will Norman, the Mayor of London’s walking and cycling commissioner. He has worked closely with me on my private Member’s Bills and has been a huge advocate for pedicab regulation.
I note that in the other place an amendment was tabled to allow the Department for Transport to provide Transport for London with statutory guidance on pedicab regulation. I agree with that and welcome the fact that the Government have accepted that amendment. TfL is the correct body to oversee regulation, as it currently regulates licensing for all other taxi and private hires.
It may have taken four private Members’ Bills, an abandoned transport Bill and years of lobbying and campaigning by politicians from across the political divide, but I am confident that the Pedicabs (London) Bill will finally become law, the streets of London will be safer, and we will have a safe and thriving pedicabs industry.
Florence Eshalomi (Vauxhall) (Lab/Co-op)
It is an honour to follow my constituency neighbour, the hon. Member for Cities of London and Westminster (Nickie Aiken). I thank her for her work in bringing the Bill to this stage, and pay tribute to Members for the cross-party support that it has received. The Bill is supported by the Mayor of London, by my borough council—Lambeth Council—by Westminster City Council, by the Royal Borough of Kensington and Chelsea, and by hon. Members from across the political divide.
I share Westminster bridge with the hon. Member for Cities of London and Westminster: half the bridge is in Vauxhall; the other half is in the City of Westminster. I regularly cross the bridge on my way to work. I need not tell any Member that that bridge can be busy; you literally have to fight to get across it—in some cases, for your life. I want the bridge to be busy, because that means that tourists are coming to London, our night-time economy is thriving, my constituency on the south bank is seeing those visitors coming and spending, and people are supporting our local businesses. It means that people are able to thrive—and that is what we want. It is what makes London unique, so it is important that we celebrate the fact that more and more people are coming to Westminster bridge and parts of central London. However, we also want people to have a good experience.
Sir Christopher Chope
In that case, why is there still a proliferation of unlicensed market stalls selling hot dogs and blocking the pavement with impunity on the Lambeth side of Westminster bridge?
Florence Eshalomi
I continually raise that issue with the Lambeth North safer neighbourhood policing team, with Lambeth Council and, rightly, with the Met Police Commissioner. I have said to the commissioner on a number of occasions that, yes, there are many major policing challenges in London, but that activity is a blight on a key part of London that receives so many tourists. There is also the crime element of those things. Through work with the safer neighbourhood team led by Sergeant Watson, we have seen a number of prosecutions in recent months, and I hope that with more support and funding for our police officers, we can eradicate that activity for good.
Pedicabs are part of the experience for many visitors to London. The Bill’s main purpose is not to ban them outright, but we cannot deny that, with their current unregulated status, they are creating serious risk and problems for tourists, residents, the road network, and, as the hon. Member for Cities of London and Westminster highlighted, for the drivers themselves. Currently, someone getting into a pedicab has no clear idea of what they are getting into: they do not know how safe the driver is, how roadworthy the pedicab is, or how often it has been cleaned. Not only is that dangerous for everyone on board; it also disadvantages those who spend money maintaining their pedicab only to see their hard work, trust and investment damaged by those who continue to take risks. It is right that clause 2(6)(a), (b) and (c) give Transport for London the power to create a clear safety and cleanliness standard so that people can trust that the pedicab they are using is not dangerous.
I also welcome the amendment to clause 2(6)(i) made in the other place. I confess that when I am driving, sometimes I like listening to music. I will not tell you my choice of music, Madam Deputy Speaker, but it ranges from Beyoncé and the Spice Girls to Taylor Swift and Usher Raymond. We know that when it comes to pedicabs, music can also be part of the experience; it goes a long way, but I have had constituents complain about the loud music from pedicabs and the noise nuisance that they create in residential areas, as the hon. Member for Cities of London and Westminster also outlined. It is right that we give TfL the power to act on that.
While a lot of our focus may be on the problems customers face in pedicabs, it is also right that we look at the working conditions of their drivers. Many drivers find themselves being exploited; they work long hours and tiring shifts in close proximity to extremely loud music, and—let’s be honest—some face abuse from customers, with very little protection. It is therefore right that clause 2(6)(h) allows provisions to be made relating to the working conditions of drivers. I hope that is not forgotten when TfL drafts the regulations.
Like many people, I also welcome clause 2(5), which relates to how fares are advertised, charged and paid for; we have heard many stories and anecdotes of how those fares are not fair. I do not think any of us expects that pedicabs will, or should, become a cost-effective way of travelling around our capital, and it is clear that many people getting into pedicabs do so because of the wild and wacky experience they offer—those lights can sometimes be quite attractive, especially when the pedicab has pink fluffy feathers as well—but there is a big difference between paying a premium for an experience and, frankly, being exploited. As the Minister touched on, the BBC reported in July on a Belgian tourist who was charged £464 for a mile-long ride. When she complained, the driver demanded immediate payment, making her feel really threatened. Do we think any tourist who has had that experience will want to come back? Do we think they are going to tell their friends and family, “Come to London”, when this is what can happen?
This is not about just one egregious case; as we have heard, there are many other cases of such exploitation. Many tourists have been advertised trips between the likes of Westminster bridge, just outside this place, and Trafalgar Square without knowing how close they are, and rightly feel cheated when they are charged £50 for a 10-minute journey. I know that London is expensive, but come on—that is just a rip-off. It is right that we recognise that pedicabs may charge that little bit extra for those pink flashing lights and the music, but we must strike the right balance between a premium and being ripped off.
London should be one of the best cities in the world to be a tourist, but our current lax regulation around pedicabs destroys not only their image, but that of our rightfully robust standards in other sectors and the experience of the UK as a whole. At present, TfL is unable to act to help ensure pedicabs’ safety, including for passengers, and their fair and transparent operation. In a city of almost 8 million people, pedicabs are the only form of unregulated public transport in the capital. This Bill will allow TfL to set standards for operators and ensure that drivers undergo robust criminal checks. As the hon. Member for Cities of London and Westminster has highlighted, it is long overdue, and it is necessary to allow pedicabs to be a positive part of the London transport network.
Sir Christopher Chope (Christchurch) (Con)
It is a pleasure to participate in this debate. I am grateful to the Minister for having indicated in his remarks that he is open to discussion and persuasion on what I hope will be some useful amendments that can be tabled to improve the Bill when it reaches its Committee and Report stages. I see that it will be referred to a Committee of the whole House, rather than a Public Bill Committee; that is just as well, because if it were going to be dealt with in a Committee upstairs, I am sure that I would never be selected by the Committee of Selection—which is controlled by the Government—to participate in it.
This Bill is really an allegory for this Parliament. We have thousands of illegal immigrants on our streets who have jumped bail or got rid of their tags; rogue parking operators who the Government have been trying to deal with for years and years; e-bikes running amok and causing mammoth problems for pedestrians in London; and all sorts of other obstructions of the highway by protesters, making it very difficult for people visiting London—particularly at the weekend—to go about their lawful business. It is an allegory for this Parliament that it has chosen prime time on a Wednesday to discuss the burning issue of pedicabs. [Interruption.] I cannot hear what my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) said from a sedentary position.
Paul Scully
My hon. Friend is making an interesting speech, but would he agree that we could and should have done this back in 2018, when my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) was the leader of Westminster Council and I introduced my private Member’s Bill? We could have got it done on a Friday afternoon.
Sir Christopher Chope
We could have got this done much sooner than that. We could have got it done in about 2005-06, when Transport for London brought forward a private Bill, including a provision to deal with this matter. However, in that Bill and in subsequent Bills, we have always encountered the difficulty that Transport for London has been unwilling—I do not think it was unable, but it was unwilling—to produce any draft regulations, so we were being asked to approve potential legislation that was blind as to what would be contained in it.
It is interesting, is it not, that all these years have gone by, and one might have expected by now that Transport for London would have a document with detailed draft regulations for pedicabs but it has not got anywhere near that? Indeed, when I was privileged to be invited to a meeting that my hon. Friend the Member for Cities of London and Westminster organised, it was clear at the meeting that Transport for London was unable to produce any draft and was unable to say how long it would be before it would produce one. It was unwilling to produce a draft to inform debate on the private Member’s Bill that my hon. Friend was promoting.
So is it surprising that there is a lot of suspicion around this issue? People think that the ulterior motive of Transport for London is to regulate pedicabs out of existence. Obviously, we can say that that is not the intention, and all the rest of it, but if the consequence of this legislation is that pedicabs will be extinct in a few years’ time, we as legislators should be asking whether we really want that situation to arise. I certainly do not want that situation to arise, and I am concerned that there has been a lot of misrepresentation about the extent of the support for the Bill. In principle, there is support for the Bill, because all the regular pedicab operators would love to have a light regulatory regime to get rid of the rogues on the streets.
Florence Eshalomi
Let us go back to the history of the Bill, and the proposals from many different politicians from across parties, organisations and business improvement districts right across London, and the councils in the 32 boroughs of London. Does the hon. Member believe that they, as representatives of London, speaking for their residents and businesses, would see why we need this Bill?
Sir Christopher Chope
I see that, absolutely. I have already referred to that London Assembly Transport Committee’s scrutiny report on the future of London’s pedicabs, which was published in February 2005. In that report, that committee makes it quite clear that it is in favour of very light regulation of pedicabs, not the heavy-handed regulation that seems to be envisaged at the moment and that is certainly feared by organisations such as Cycling UK.
Florence Eshalomi
The hon. Member keeps citing the 2005 report. Does he appreciate that, 20 years on, the transport system in London has moved on, is more diverse and is more accessible? Does he agree that regulating these pedicabs will help improve the transport network for residents, businesses and tourists coming to London alike?
Sir Christopher Chope
I think the jury is out. I say that because Transport for London has discretion to decide, for example, whether to introduce 20 mph zones. We know that it also has discretion over whether to outlaw vehicles of a particular type, such as diesel vehicles, or to introduce ultra low emission zones. It has that discretion, but many people living in London—particularly outer London, where they are dependent on their cars or vans for going about their normal business—think that Transport for London has abused its powers. Indeed, they have asked the Government to intervene, and that is the message that came out of the Uxbridge and South Ruislip by-election, which the hon. Lady may remember. Is Transport for London to be trusted? The short answer is that it has not behaved responsibly on the extension of the ULEZ charges across the whole conurbation. How do we know it is to be trusted on this if we give it a blank cheque on which to write?
Florence Eshalomi
Does the hon. Gentleman agree with me, a lifelong Londoner, that some of the measures he has outlined, such as 20 mph limits, ULEZ and the congestion charge, are all benefits to help improve transport in London and air quality? We have a major issue with air quality. When we step out from this building on to Westminster bridge in my constituency, the air quality is quite bad. We have a major issue. We are trying to get more people to be active and to use public transport, but that will only happen if measures, such as the ones he has outlined, are introduced with the support of Londoners, the councils and residents in London. Does he agree?
Sir Christopher Chope
I am afraid I do not agree with everything that the hon. Lady is saying, but I agree about the desirability of having emissions-free forms of transport in London, and one such emissions-free form of transport is the pedicab. I do not understand why the hon. Lady seems to be relying on Transport for London legislating with a heavy hand to exclude that sort of activity.
Paul Scully
I thank my hon. Friend for giving way, and I hope the House will forgive me for having to leave the Chamber for a few minutes. Does he agree that what this law is trying to do is ensure not only that pedicabs become regulated, like every other form of public transport, but that they are treated in London as they are in every other part of the country? They are stage carriages in London, but everywhere else they are hansom cabs, which means they can be regulated everywhere apart from London. The Regulated Pedicabs Coalition brings together the Licensed Taxi Drivers Association, which he mentioned earlier in an intervention, as well as casinos, hospitality businesses and residents groups in Westminster that want this Bill to happen so that we have pedicabs on the street, but regulated ones.
Sir Christopher Chope
I hope that my hon. Friend will make his own speech in due course, because I know he believes passionately about this issue. May I just refer him and other Members to the briefing from Cycling UK? My hon. Friend the Member for Cities of London and Westminster referred in her opening remarks to Roger Geffen, the policy director for Cycling UK. The briefing he has produced has a section entitled “Beyond the Bill: the need for a ‘national’ regulatory framework for pedicabs”. It states:
“As things currently stand, pedicabs can operate in London under legislation dating from 1869, which permits the operation of Stage Carriages… Conversely, in the rest of Great Britain (i.e. outside London), pedicabs have to operate under the same legal framework as taxis. This makes it almost impossible in practice for pedicabs to operate on a ply-for-hire basis outside London, because the insurance and other requirements for taxis are so onerous, and are entirely disproportionate for addressing the potential risks. Even where local authorities have been keen to support local would-be pedicab operators”,
those pedicab operators have not been able to start up, because of the weight of regulation. I made that point in an intervention on the Minister.
Roger Geffen then states that it is “potentially valuable” that the Secretary of State will now be able to issue guidance to TfL, but that it would be great if that guidance
“could in future be extended to other non-London licensing authorities, at such time as a new regulatory framework is put in place for licensing taxis and minicabs.”
He, as a cyclist, is concerned that this great method of transport—a pedal-driven rickshaw—is not being used outside London for the purpose of enabling people to apply for hire and travel from one place to another. That is why I think the assertion that the Bill aims not to regulate pedicabs out of existence but merely to bring in a regulatory regime that outlaws the most extreme examples of bad behaviour is naive.
It is incumbent on Transport to London to produce a draft regulation. As we have heard, it has been at this for 20-plus years, and even as we speak it cannot produce drafts of the regulations it has in mind to introduce. I put out this challenge to Transport for London, which I hope will be carried to it by my hon. Friend the Minister. I do not know when the business managers will decide we will have the Bill’s Committee and Report stages, but before we get to Committee it should bring forward a draft of the regulations that it has in mind. If it does that, we will be able to see whether our fears and suspicions, which are shared by Cycling UK, are well founded or wide of the mark. That is a perfectly reasonable way to proceed.
It is commonplace in the House to see draft regulations before we finalise legislation, but there does not seem to be any appetite for that on the part of Transport for London. We have not even had an indication of the timescale in which Transport for London wishes to introduce the regulations. How much longer will the good pedicab operators of London have to wait before the lightweight regulation, for which they have been campaigning for so many years, is introduced?
One of my suggestions is therefore that the Government should recognise that, in the rest of the country, where a different regulatory regime relates to pedicabs, they do not exist because they are regulated out of existence. If the Government wish to promote emission-free forms of transport such as pedicabs, why do they not get on and introduce a guidance system for transport authorities and local authorities outside the London area so that they can take the burden of regulation off potential entrepreneurs who wish to be able to provide pedicab services in cities such as Oxford, Salisbury and York, as we have heard? If such a commitment from the Government were to come out of the Bill, it would be a really worthwhile exercise.
I do not think that the Government are right to be sitting on the fence in relation to e-bikes and e-scooters. Why are we concentrating on the small number of pedicabs rather than the very much larger number of e-bikes and e-scooters, which are causing mayhem for many residents living in London, not to mention elsewhere in the country?
Kit Malthouse (North West Hampshire) (Con)
As I am sure my hon. Friend knows, the use of e-scooters on the highway—other than in certain pilot sites—is illegal. Therefore, it is not really a matter of regulation; rather, it is a matter of enforcement. Many of us would love to see much more enforcement. Similarly, on e-bikes, of which I used to be a regular user and owner, my hon. Friend will know that there are significant regulations, not least that they are speed-limited to 15 mph. However, many manufacturers have hidden in their bikes somewhere the ability to override that speed limiter. Similarly, that is a subject for enforcement rather than for regulation. Therefore, although I appreciate his point and agree with him, I do not think it is a matter for legislation; frankly, in London and elsewhere, it is more a matter for the police.
Sir Christopher Chope
My right hon. Friend is right. So often in this place we find ourselves introducing new legislation because the legislation in place is not being enforced. My hon. Friend the Member for Cities of London and Westminster did not mention this, but is it not extraordinary that it took the City of Westminster so long to start using powers that it already has to control “pedicab chaos” as it put it, to start prosecuting rogue pedicab operators. The City of Westminster issued a press release on 20 December priding itself on successfully prosecuting six pedicab operators in Westminster magistrates court, which resulted in fines nearing £3,000. That shows that laws are already in place but they are not being adequately enforced, as my right hon. Friend the Member for North West Hampshire (Kit Malthouse) said.
Florence Eshalomi
I agree on the safety of e-bikes. Tragically, a three-year-old was hit by an e-scooter on 19 July 2021 in Myatt’s Field park in my constituency. Thankfully, she did not die, but she was left with life-changing injuries. There is a real issue about the safety of e-bikes. Does the hon. Member agree that many pedicabs obstruct cycle lanes and cause danger, and that is why we need clear regulation to ensure that they follow the highway code and the code of practice?
Sir Christopher Chope
I am very much in favour of regulation where it is necessary. To take the hon. Lady’s own council, Lambeth, I recall reading in a national newspaper in the past few days that because it has not complied with regulations on street signs to prohibit entry into low-traffic neighbourhoods, it has been able to fleece the motoring public of many millions of pounds. [Interruption.] The hon. Lady is laughing, but it is not funny to the motorists who have suffered and paid those high penalties. It is not as though the money that Lambeth has recovered through those foul means has been reinvested into improving the road network. As someone who has the privilege—if I can call it that—of living in Lambeth, I can see with my own eyes the poor state of the pavements and highways there.
Florence Eshalomi
What the hon. Gentleman is referring to, as the Minister knows, is the trial of a low-traffic neighbourhood in the constituency of my hon. Friend the Member for Streatham (Bell Ribeiro-Addy), off Streatham High Road. That is still in its trial period and the council is consulting on it. Does the hon. Gentleman agree that my local authority is having to scale back on the things that it wants to do because of the cuts it has faced over the past 14 years? It would be helpful is we lobbied the Chancellor on a cross-party basis to fund local government adequately.
Sir Christopher Chope
I will not be drawn into the Lambeth-Wandsworth comparison. When I was the leader of Wandsworth council, we helped secure the lowest council taxes in London, while Lambeth had among the highest. The hon. Lady would be well advised to keep away from the efficiency or otherwise of Lambeth Council.
Let me revert to the subject matter this afternoon. Roger Geffen’s briefing has drawn attention to the definition of pedicab in clause 1(2), which is:
‘“pedicab” means a pedal cycle, or a pedal cycle in combination with a trailer, that is constructed or adapted for carrying one or more passengers and is made available with a driver for hire or reward’.
The point made by Cycling UK is that a pedal cycle may be used for the delivery of goods, so why should it be controlled under the provisions in the Bill? It may be used by somebody not plying for hire, but taking a passenger in a pedicab as a result of a hire agreement entered into not from a public highway but as a private agreement. For example, hotels and hospitality centres in London may wish to use the services of pedicabs as a privilege for their customers, so they can visit the west end and not have to struggle on public transport, while, at the same time, enjoying the fun of travelling by pedicab. Why should pedicabs in that situation be outlawed under the definition in the Bill? That is a concern. Coupled with that is the concern expressed that the plying for hire of pedicabs is too broadly drafted, because it excludes private hire but would not exclude private hire, on a definition in the Bill, relating to pedicabs exclusively. That is the detail relating to clause 5.
I hope my hon. Friend the Minister has looked at the briefing from Cycling UK, because it is very balanced and well argued. It reinforces the point made at the beginning of the debate:
“Cycling UK and the London Pedicab Operators’ Association (LPOA) has been calling for such a framework for over 20 years. Had it been put in place, the ‘wild west’ situation which now exists in London could have been averted. However, it needs to be clear that the regulatory framework’s objectives are to support a safe and responsible pedicab sector, and not potentially to kill it off... The Bill as drafted contains no safeguards to assure us on this point.”
If my hon. Friend the Member for Cities of London and Westminster can provide the safeguards that will be contained in the Bill but are not in it at the moment, I am happy to give way. [Interruption.] I thought she wanted to intervene, but obviously she does not want to draw attention to the safeguards that Cycling UK, which she prayed in aid as a supporter earlier on, says are missing from the Bill. My hon. Friend seems to be asserting that they are in the current Bill. If that is the situation, I would like to see where they are. I would not have thought that that was an unreasonable request.
Guy Opperman
I hesitate to intervene, but the position that used to exist was that the Government were going to do the secondary regulation. It was decided in the other place that it would be quicker and better to do it through Transport for London. To criticise TfL, when this was produced only in the last few weeks in the other place, is a little harsh given that that was not intended when the Bill was originally published. It is clearly the case, though, that we continue to support the industry. We can argue the toss on the briefing my hon. Friend refers to, but I can assure him that it is not our intention to, as he put it, regulate this particular industry out of existence.
Sir Christopher Chope
I accept what my hon. Friend says, but if that is not the intention but it happens in practice that it is regulated out of existence, what will the Government do about it? Perhaps he will intervene and answer that question. At the moment, there is nothing in the Bill to enable the situation to be rectified. If TfL behaves in the irresponsible way it has in relation to the ultra low emission zone, and appeases the Licensed Taxi Drivers Association and effectively outlaws pedicabs in London, what is going to be done about it? I hear no response, but that is why proper safeguards must be written into the Bill. As for the Minister’s point that Transport for London has only just found out about its responsibilities, TfL proposed its own legislation in 2005, and I imagine that it had in mind exactly what it wanted to do.
When my hon. Friends the Members for Sutton and Cheam (Paul Scully) and for Cities of London and Westminster produced their private Members’ Bills on this subject, it was already clear that the regulations would be introduced by TfL. When we asked TfL what would be in them, we were told, “We have not the time or the inclination to start drafting the regulations now.” Even as we speak, we do not know what the timescale is for the production of the regulations and the introduction of this regime.
I am not sure whether the Minister said that he had read Roger Geffen’s four-page briefing, but if he has not, I will happily share it with him after the debate. In the briefing, concern is expressed—and I certainly share that concern—about the Bill’s requirement for TfL to consult “whoever it considers appropriate”. What is the point of that? Why not say something specific, such as “Transport for London must consult organisations representing pedicab operators, cyclists and pedestrians—and others, but including those”? At present, the Bill places no obligation on TfL to consult pedicab operators, cyclists, people involved in the hospitality industries, and so on.
Nickie Aiken
My understanding—although the hon. Member for Vauxhall (Florence Eshalomi) may be able to correct me, having carried out the role of transport committee chair at City Hall—is that TfL must undertake a statutory consultation with all the relevant parties, including businesses and residents, on any regulation that may be introduced if the Bill is passed before this can become a proper licensing regime.
Sir Christopher Chope
I am grateful to my hon. Friend, because in that case I am sure she will support an amendment, or perhaps draft it herself, to place on the face of the Bill exactly what she has said. At the moment, the discretion as to who should be consulted rests solely with TfL, which I think is ridiculous.
Let me expand a little on the point I was making about clause 5 and the need for clarification of what is meant by “a power-assisted pedicab”. Cycling UK believes that the potential pitfalls could be avoided through reference to the Electrically Assisted Pedal Cycles Regulations 1983 to define the vehicles that will be exempt from the legislative requirements for private hire vehicles. I hope that the Minister will take that point on board.
Cycling UK has made a number of other suggestions. It asks, for instance, what will happen about pedicab stands:
“Subclause 2(7) of the Bill currently provides for TfL to make regulations to limit the places, times and/or circumstances in which pedicabs may ply for hire or operate”—
Madam Deputy Speaker (Dame Rosie Winterton)
Order. I remind the hon. Gentleman that speeches on Second Reading should not go into huge detail about the various clauses, because that is obviously for Committee. I am sure that he will return to the wider issues.
Sir Christopher Chope
Madam Deputy Speaker, I take your point completely, but this is not a situation where the Bill will go into Committee upstairs, the Committee will start with a couple of evidence sessions with people who are interested in the Bill, and members of the Committee will look at it. This is a situation where the Government have on the Order Paper a motion that all the remaining stages should be dealt with in three hours. There is no indication as to how much time there will be between now and the time that those stages are timetabled for this House. Therefore, I thought it would be helpful if I flagged up in advance some of my concerns about this Bill, to which I am referring in this Second Reading speech. As you know, Madam Deputy Speaker, a Second Reading speech can extend to things that are not included in the Bill, which is why I am referring to things that could be included in the Bill but which are not currently included—that is my intent.
Madam Deputy Speaker
That is extremely helpful. The hon. Gentleman is very experienced and is on the Panel of Chairs, and he understands a lot about procedure. Although he is flagging up issues, too much detail about the clauses would be inappropriate, but I am sure he is coming back to his main points. I just remind him that I have two other speakers to get in.
Sir Christopher Chope
Fortunately, because there has not been much Government business today, we have a reasonable period of time for discussing the Bill.
To summarise the point I was seeking to make, Cycling UK says that the Bill grants powers for TfL to make regulations to limit this, that and the other, but there is no power to require TfL to provide places where pedicabs can have stands. Again, that seems to be rather asymmetrical or illiberal.
My final point is about the concern that Cycling UK expresses about the need for consistency between civil offences relating to the use of pedicabs and motor vehicles. Cycling UK refers specifically to clause 3(5)(a). I will not refer to that in detail, taking your advice, Madam Deputy Speaker, but I think there is sufficient meat in this Bill for us to have a very lively discussion in Committee and on Report. However, I hope that in advance of that, we will get a clearer view from the Government, and particularly from the Minister, about whether it is essentially their intent to stand by idly while giving powers to Transport for London, which does not exactly have a good record on all this, to exercise what the Government hope will be its good intent to facilitate a high-quality pedicab regime in London. We know jolly well that quite a lot of the people who are concerned about pedicabs in the city stop short of actually banning them altogether or introducing regulation that would have exactly the same effect.
Sarah Olney (Richmond Park) (LD)
I wholeheartedly welcome this legislation and the steps taken by the Government to introduce a licensing regime for the only form of transport in London that is still unregulated. I hope to see the development of the pedicabs industry across London, providing employment and entrepreneurial opportunities as well as a safe, affordable and carbon-free form of transport, especially for those who are unable to utilise other forms of active travel.
In order to ensure that regulation can promote the use of pedicabs, rather than merely suppress the negative aspects of the unregulated trade, it is important to ensure that sufficient care and attention is paid to how such a trade might operate. The Liberal Democrats urge the Government and TfL to ensure that the relevant councils and user groups, such as the ones in my constituency of Richmond Park, are adequately consulted to ensure that the new regime is effective and that regulation is implemented as smoothly as possible.
My particular interest in pedicabs arises from their use as a means of transport in parts of the capital that are currently closed to motor traffic. I refer of course to Hammersmith bridge in my constituency in particular. We are shortly to mark the fifth anniversary of its closure to motor traffic, although I can assure the Minister that this milestone will not be celebrated with any particular joy among the communities of Barnes, East Sheen or Mortlake, or indeed wider afield, who have suffered ever since from the consequences of appalling traffic congestion.
There has yet to be a complete analysis of the full economic consequences to the capital of the continued closure of the bridge, but even if there were one, it could not encompass all the missed opportunities that my constituents have suffered: the passing trade missed by small businesses in Barnes; the employment opportunities that could not be taken up; and the educational, social and cultural events that had to be missed because people were unable to cross the river. During the 2019 election campaign, various Conservative politicians filmed themselves at the bridge, promising to get it fixed, yet here we are, staring down the barrel of another general election and no progress has been made. The Government have remained shamefully silent on their plans to fix the bridge, despite having been in possession of a business case from Hammersmith and Fulham Council for the past year.
However, adversity breeds innovation, and my enterprising constituents in Barnes have not sat by passively while being let down by the Government. In 2021 a temporary pedicab service was put in place across Hammersmith bridge by the Barnes Community Association. In the six months that it was operational, the scheme carried more than 9,000 people over the Thames and was a lifeline for those members of my constituency who cannot access the shops, hospitals and other services in Hammersmith while the bridge is closed. This temporary scheme demonstrated that there is demand for transport across Hammersmith bridge beyond cycling and walking, especially among older people and those with limited mobility. The ability to cross the bridge connects people with the economic and social opportunities denied to them by reliance on a lengthy and increasingly unreliable bus route.
Should this legislation pass, I urge Ministers to work with TfL to create a new pedicab service across the bridge that could serve as a model for other schemes in London. I have met Transport Ministers, officials from the Mayor’s office and local councillors, all of whom expressed support for the idea, and I hope the Minister will now publicly commit to working with TfL to renew efforts to get a pedicab service up and running across Hammersmith bridge, should this legislation be enacted. I believe that if a pedicab service could be put in place initially to serve those who wished to cross Hammersmith bridge, it could work as a proof of concept to enable the service to be extended to other parts of London where the promotion of active travel has been hindered by the need to cater for those with reduced mobility.
I would like to acknowledge the contribution of Liberal Democrat colleagues in the other place, where this legislation originated. I particularly welcome the fact that this Bill will provide the framework to address not only the noise pollution often caused by pedicabs in London but the safety issues for both passengers and pedestrians that are often linked to the driving of these vehicles. Further, I am pleased that we will be able to crack down on the extortionate fares often charged by pedicabs. There have been reports of some journeys of only 10 minutes resulting in fares of hundreds of pounds for the passenger. This legislation will therefore be useful not just in enabling the setting up of new pedicab schemes but in regulating those already in existence.
I would like to take this opportunity to pay tribute to the outstanding work of Liberal Democrat London Assembly Member Caroline Pidgeon, who has campaigned for years on the issue of pedicabs in our capital as well as being an effective voice for Londoners on so many issues relating to crime and transport. She has given great service to the people of London in her 16 years as an Assembly Member and she will be much missed when she stands down in May.
This legislation is a welcome step towards setting up a framework to regulate pedicab usage in London, and the Liberal Democrats will be supporting the Bill today. My constituents in Richmond Park will particularly welcome the opportunity to make use of a clean, safe, good-value transport option to access the north side of the Thames, and I hope that the Government will continue to approach this legislation in an enabling, rather than suppressing, spirit. My constituents are still demanding answers on the long-term future of the bridge, and I will continue to press for them, but a short-term solution to the problem of access will none the less be welcome.
Kit Malthouse (North West Hampshire) (Con)
Some years ago, as I emerged from one of the watering holes in Soho that I used to frequent before the children came along, I happened upon a scene where an inebriated individual was standing in front of a pedicab, swaying backwards and forwards. As I passed, I heard him say to the pedicab driver, “How much to Guildford, mate?”, at which point there was an exchange that I did not overhear. The man got into the pedicab, and off it went. I have no idea what happened to that poor chap or whether he made it to Guildford in the pedicab from the fringes of Leicester Square, but I doubt it.
It occurred to me after the event that what probably happened, as we have heard from other Members, was effectively a sort of mugging. This chap, in his relaxed state, was likely to have been relieved of quite a lot of money for a service that he had stumbled into in his confusion, probably with a sense of good humour, adventure or desperation to get home. It struck me that we really needed to do something about the pedicab system in central London.
I do not want to detain the House too long. I feel like an SNP Member commenting on legislation that affects only England in that, like my hon. Friend the Member for Christchurch (Sir Christopher Chope), there are no pedicabs in my constituency, although I look forward to his amendment on Report that would allow the relaxation of licensing so that pedicabs can emerge in Bournemouth and Christchurch. I am sure that campaign will feature on his election leaflets come the big day later this year.
Notwithstanding my imposing on the debate, I have antecedence in London as a Westminster councillor and a deputy Mayor for eight years. I support this Bill for four reasons. First, I regard myself as an economic liberal. I think we should avoid as much regulation as possible to allow the private sector to flourish and, frankly, to allow grown adults to freely enter into contracts between themselves. However, more important to me is that, in any industry or economic area, there should be a level playing field. We have to accept that these vehicles operate in London by dint of a strange loophole in rather ancient legislation.
When Airbnb arrived in London in a big way, all the hotels, which were very heavily regulated and had significant insurance and maintenance costs, were right to complain that an unregulated competitor was entering the market and that the Government had to take a decision. “Either you regulate Airbnb the same as us or you regulate none of us and allow us all to compete fairly.” That notion of a level playing field is key.
When I was at City Hall, I supported the arrival in London of Uber and other related taxi services on the basis that there should be a level playing field with the black cab service. I felt that if there were not a level playing field, black cabs should have some privileges that Uber and others did not have. The job of the Government or the regulatory authority is to balance those rights, privileges and regulations to make sure that all competition is fair. At the moment, as a number of Members have said, it is not fair that pedicabs are not regulated in the same way as other cabs.
Secondly, although many of us love and cherish the slight chaos of the centre of our capital city, it requires order from time to time. In particular, it requires order on the streets. Anyone who drives in London on a regular basis will know that it is hazardous at the best of times, not least because the growth in cycling and the fact we now have to drive at 20 mph mean there is a lot of overtaking and chaotic behaviour. Motorists have to keep their eyes peeled at all times for people suddenly swerving across the road, very often taking their life in their hands.
We need a sense of order, particularly in the densely built centre of town, and it strikes me that these pedicabs do not contribute to a sense of order. Having had close shaves with a couple of pedicabs over the years, I can say that they are often dangerously driven and badly parked. They block the roads and pavements, which, as my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) said, causes problems for emergency vehicles that need access to pedestrianised areas. We need a sense of order, and this Bill will achieve that.
Thirdly, successful city centres—and London is a particularly successful city centre—do not happen by accident. They happen because they are curated. When I was a Westminster councillor at City Hall, we were very careful to preserve the ability of residents to live in central London and to ensure that the west end in particular should be a mixed residential and commercial area. That was key to its success, and if there is a sense of nuisance, which many pedicabs are—will have heard about the music and the lights and all the rest of it—that will be just another straw breaking the camel’s back to drive the residents out of central London. If we want the west end to stay vibrant and successful—the powerhouse, frankly, of the economy that it is—we cannot allow it to turn into the City, where there are no residents and it is dead after 9 o’clock and there is no one there at the weekends. That is just not the way to curate a city centre.
Curating a city centre is an art as much as a science, and the municipal authorities have an obligation to allow a certain amount of chaos and scruff. I have lamented the municipal Domestos, for example, that has been poured over Spitalfields by the City Corporation. It has destroyed that asset for the City and it is now just another dull shopping centre filled with chains. I look to companies such as Soho Estates, which is a great custodian of the area around Soho Square; it carefully curates who occupies its properties in order to maintain both the reputation and the character of Soho as a slightly louche, shall we say, part of the capital, which all of us have enjoyed from time to time, mostly in our youth. That curation requires tools with which we can control some activities, and that includes pedicabs.
The fourth reason I support the legislation is the issue of crime. There is, unfortunately, a litany of stories of crimes being committed by people operating these cabs, whether ripping off tourists, putting passengers in danger or using their pedicabs to run drugs. They are not unrelated to the criminal fraternity and we need to be able to root out those people and have the control to remove them, because in the end this is all about making money, and if we remove them and leave space for the reputable operators, we will have a much better sense of safety for the public in central London.
I acknowledge the hesitancy of my hon. Friend the Member for Christchurch about regulation, and in normal circumstances would share it, but we must bear in mind the notion of a level playing field and of a service that operates within the capital that is reputable around the world and does not feature on social media for tourists in other countries as one of the rip-offs they must avoid—a bit like how so many Italian cities are now advertised on social media as infested with pickpockets. We have to think about the reputation of our city internationally and indeed its impact nationally. That is why I am very keen to support this legislation and have been a long-standing supporter of this step since my time at City Hall.
Bill Esterson (Sefton Central) (Lab)
This has been an interesting debate—some contributions have been interesting in a good way, some perhaps less so—and there has been broad agreement, with one exception, that this Bill is a thoroughly good thing. I am pleased to see powers finally being granted to Transport for London to tackle the challenges and difficulties of unregulated pedicabs, which we have heard described by a number of Members, from across London in particular.
I pay tribute to the hon. Member for Cities of London and Westminster (Nickie Aiken) for her work on this issue over many years and I am grateful to her for quoting the views of the London Pedicab Operators Association and its call for regulation, showing that the industry itself is keen to see action on behalf of operators who want to do the right thing. I also congratulate the hon. Member for Sutton and Cheam (Paul Scully) on finally getting his dearest wish granted and seeing this regulation come to fruition. Perhaps I am overstating that, but he has played a part, including through promoting a private Member’s Bill.
When my hon. Friend the Member for Vauxhall (Florence Eshalomi) was extolling the virtues of Westminster bridge, I did wonder whether she was going to start quoting William Wordsworth:
“Earth has not anything to show more fair”.
That is, of course, a line that everybody is aware of, but perhaps pedicabs spoil the view very slightly. She made good points about the threats to tourists and the importance of safety for passengers and, indeed, for drivers, which is included in the legislation. She, along with a number of other Members, mentioned the noise nuisance as well.
My parliamentary twin, the right hon. Member for North West Hampshire (Kit Malthouse)—he and I share the same date of birth—finished the debate with what I would loosely describe as an occasional dose of over-disclosure about his own past, but he made a very good case for the legislation as well. We had some disagreement from the hon. Member for Christchurch (Sir Christopher Chope), who seemed to think that this was a sitting Friday and that he should take his characteristic approach of talking out a private Member’s Bill, which is why, as the Minister pointed out, we are here and the Government have had to finally bring the Bill forward.
Kit Malthouse
The hon. Gentleman is being a little unfair to my hon. Friend the Member for Christchurch (Sir Christopher Chope), who made a good point about our trying to understand where this legislation could go. As I understand it, TfL published a framework for licensing pedicabs back in 2022. It might be helpful if the Minister were to circulate that framework to Members when we get to Committee.
Bill Esterson
I am grateful to the right hon. Member for his intervention. The wider point is that the hon. Member for Christchurch was raising things that really belong in Committee, but he will have his chance to raise the matter that the right hon. Member mentioned, as it will be a Committee of the whole House. It is good news that we will close the legal loophole that exempts pedicabs from being defined as taxis under current law, leaving pedicabs as the only form of unregulated public transport in London.
My hon. Friend the Member for Wakefield (Simon Lightwood) set out why Labour views the Bill as so important. He addressed the cases of overcharging. We have had TfL’s own evidence of collisions that involve pedicabs resulting in personal injury. There were 24 driver incidents between 2018 and the end of August 2023, including road obstruction, driver conduct, and six sexual offences. Those cases, alongside the overcharging and the noise nuisance, demonstrate why it is so important that action is taken to regulate pedicabs.
We have an important opportunity here to improve the safety of passengers, and of all road users in central London, and to help the tourist economy. The Bill strikes the right balance between the enjoyment that pedicabs can offer and the protection of the public. Today’s debate prompts the question of when the Government plan to bring forward their long-promised transport Bill, which needs to be wide-reaching and to extend beyond London, and include regulations on other neglected issues such as e-scooters and e-bikes. For today, though, this legislation on pedicabs is long overdue and I look forward to it progressing through the House.
Guy Opperman
With the leave of the House, having opened this debate, I shall now bring it to a close. We have had a short, occasionally feisty, and certainly interesting journey down memory lane. I would like to mention all those colleagues who have endeavoured to bring this legislation before this House and to pass it on previous occasions. I congratulate all colleagues who have attempted to bring in this legislation through private Members’ Bills.
Clearly, we have learned an awful lot about certain individual Members. I enjoyed hearing from the right hon. Member for North West Hampshire (Kit Malthouse) who probably has a T-shirt—obviously created in Soho—that says, “I was louche in my youth”. The long and the short of it is that he makes good and fair points. I genuinely believe that, even though we are all economically liberal and want to see a thriving, bustling, entrepreneurial London, there has to be some degree of order and a fair playing field across all forms of transport. There is a legitimate issue to address in terms of crime and the way in which this city is perceived if we do not take action. It is right that, on a cross-party basis, we are taking action.
I thank all colleagues for their contributions, although I will not go through them in detail. A fair point was made about noise. I say that having spent the best part of a month of my life in St Thomas’ Hospital, where I experienced the impact of the noise outside, and having met many representatives of hotels, businesses, restaurants and theatres, who are genuinely concerned at the unregulated noise being provided by some of these operators. The fair point was also made that people need a living, breathing residential city of London and that that is simply not possible if we have unregulated noise. People are literally moving out because of this problem and that is not acceptable. My hon. Friend the Member for Christchurch (Sir Christopher Chope) rightly made legitimate and genuine points, starting with the fundamental principle of asking, “What is the end objective here?” That is a totally legitimate thing to do and we should not in any way decry his robust attempt to get to the heart and soul of these points—I welcome his doing so. I very much take on board the efforts he wishes me to make to allay his concerns prior to Committee stage.
I wish to put a couple of other points on the record. As my right hon. Friend the Member for North West Hampshire made clear in his brief remarks, TfL produced an outline, in January 2022, of a potential licensing framework, which is in excess of 10 pages. Clearly, it would have to be refreshed, because this legislation is coming forward and, for example, noise regulations were added in the other place barely weeks ago. We must also take into account that clause 7 sets out the requirement for guidance, which is a matter for the Secretary of State. The Secretary of State gave updated best practice guidance for licensing authorities outside London in November last year. It specifically states that where there is a “local interest” in providing pedicab services, licensing authorities should make “adjustments” to licensing requirements to “accommodate” such services. The whole point and purpose of that is to make it easier to bring those things in. Clearly, clause 7 provides a capability for the Secretary of State to bring in such guidance. I endorse the point that has been made about e-bikes and e-scooters: enforcement is the key issue on an ongoing basis.
I make the final point that we will debate the Bill in Committee, and I propose to write to all Members who have contributed today to set out some of those points in a bit more detail. I genuinely commend the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time.
Pedicabs (London) Bill [Lords] (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Pedicabs (London) Bill [Lords]:
Committal
(1) The Bill shall be committed to a Committee of the whole House.
Proceedings in Committee, on Consideration and on Third Reading
(2) Proceedings in Committee of the whole House shall (so far as not previously concluded) be brought to a conclusion three hours after their commencement.
(3) Any proceedings on Consideration and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion four hours after the commencement of proceedings in Committee of the whole House.
(4) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading.
Other proceedings
(5) Any other proceedings on the Bill may be programmed.—(Joy Morrissey.)
Question agreed to.
Pedicabs (London) Bill [Lords] (Money)
King’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Pedicabs (London) Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Joy Morrissey.)
Question agreed to.
Pedicabs (London) Bill [Lords] (Ways and Means)
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Pedicabs (London) Bill [Lords], it is expedient to authorise the charging of fees under the Act.—(Joy Morrissey.)
Question agreed to.
Pedicabs (London) Bill [Lords]
Tuesday 26th March 2024
(1 month ago)
Commons ChamberRead Full debate Pedicabs (London) Act 2024 Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 26 March 2024 - (26 Mar 2024)
The Second Deputy Chairman of Ways and Means (Sir Roger Gale)
I remind Members that, in Committee, Members should not address the Chair as “Deputy Speaker”. Please use our names when addressing the Chair. “Chair”, “Madam Chairman”, “Madam Chair” and “Mr Chairman” are also acceptable.
Clause 1
Power to regulate pedicabs
Sir Christopher Chope (Christchurch) (Con)
I beg to move amendment 9, page 1, line 8, at end insert—
“(2A) When making or exercising its functions under pedicab regulations, Transport for London must have regard to any guidance issued by the Secretary of State in accordance with section 7(1).”
This amendment requires Transport for London to have regard to any guidance issued by the Secretary of State in relation to the making of pedicab regulations and exercising TfL’s functions under those regulations.
The Second Deputy Chairman
With this it will be convenient to discuss the following:
Amendment 1, page 1, line 9, after “must” insert
“carry out a public consultation including details of the proposed licensing framework and”.
This amendment would require Transport for London to carry out a public consultation before making pedicab regulations and would require that consultation to include details of the proposed licensing framework.
Amendment 2, page 1, line 10, leave out “whoever” and insert
“the London Pedicab Operators Association, Cycling UK and whoever else”.
This amendment would ensure that the London Pedicab Operators Association and Cycling UK would be consulted by Transport for London before TfL makes pedicab regulations.
Amendment 21, page 1, line 10, leave out “whoever” and insert
“local authorities, elected representatives, and whoever else”.
This amendment would require Transport for London to consult with local authorities and elected representatives as well as anyone else it considers appropriate before making pedicab regulations.
Amendment 4, page 1, line 10, at end insert—
“(4) Transport for London shall not make provision for regulating pedicabs in public places in Greater London until the Secretary of State has issued guidance under the provisions of section 7.”
This amendment would ensure that no regulation could be introduced by Transport for London until the Secretary of State for Transport had issued guidance to Transport for London about the exercise of their functions under pedicab regulations.
Clause stand part.
Amendment 8, in clause 2, page 2, line 4, at end insert
“or at a level that enables investment in pedicab infrastructure in Greater London”.
This amendment would allow pedicab licence fees to be set at a level that enables investment in pedicab infrastructure in Greater London.
Amendment 6, page 2, line 29, at end insert —
“(d) designate sites to be used as pedicab ranks.”
This amendment would allow Transport for London to use pedicab regulations to designate sites as pedicab ranks.
Amendment 12, page 2, line 29, at end insert—
“(d) make provision for the designation by traffic authorities of places where pedicabs may stand for hire.”
This amendment allows for the regulations to make provision for the designation by traffic authorities of pedicab stands.
Clause 2 stand part.
Amendment 17, in clause 3, page 3, line 11, at end insert—
“(2A) The regulations may only create offences relating to the use of a pedicab for any of the following purposes—
(a) carrying passengers for hire or reward;
(b) travelling to carry a passenger or passengers for hire or reward;
(c) returning from carrying a passenger or passengers for hire or reward; or
(d) plying for hire.”
This amendment ensures that offences created by pedicab regulations only apply when the pedicab is being used to carry passengers, when travelling to or from carrying passengers, or when plying for hire.
Amendment 14, page 3, line 20, at end insert
“, provided that equivalent conduct committed by the driver or rider of a motor vehicle is subject to a civil penalty.”
This amendment provides that civil penalties relating to pedicab drivers may only be used if equivalent conduct committed by a driver or rider of a motor vehicle would be subject to a civil penalty.
Amendment 15, page 3, line 22, leave out from “immobilisation” to end of line 24 and insert
“and seizure by a constable in uniform or by a civil enforcement officer of any pedicab that—
(a) is being used in a manner that is causing alarm or distress to members of the public, or
(b) is being driven in a manner that—
(i) contravenes section 35 of the Offences Against the Person Act 1861,
(ii) contravenes sections 29 to 32 of the Road Traffic Act 1988, or
(iii) in the case of a mechanically propelled pedicab, would amount to a contravention of sections 29 to 32 of the Road Traffic Act 1988 if committed on a pedal cycle without mechanical propulsion, if the driver has been given warning on a prior occasion by a constable in uniform or a civil enforcement officer that the driver is using or driving the pedicab in a manner described in this paragraph or paragraph (a).”
This amendment ensures that the powers to immobilise and seize pedicabs are assigned to police constables in uniform or to traffic officers duly authorised by local authorities, and that they are proportionate to the powers to immobilise and seize motor vehicles in section 59 of the Police Reform Act 2002.
Clause 3 stand part.
Clause 4 stand part.
Amendment 18, in clause 5, page 4, line 17, leave out from “means” to the end of line 21 and insert
“a pedicab, as defined in section 1(2), which conforms to the Electrically Assisted Pedal Cycles Regulations 1983;”.
This amendment defines “power-assisted pedicab” as a pedicab which conforms to the Electrically Assisted Pedal Cycles Regulations 1983.
Clause 5 stand part.
Clause 6 stand part.
Amendment 3, in clause 7, page 4, line 32, leave out “may” and insert “must”.
This amendment would require the Secretary of State to issue guidance to Transport for London about the exercise of their functions under pedicab regulations.
Amendment 19, page 4, line 32, leave out “may” and insert
“must, within six months of the passage of this Act,”.
This amendment requires the Secretary of State to issue guidance to Transport for London about the exercise of their functions under pedicab regulations within six months of the passage of this Act.
Amendment 10, page 4, line 32, leave out “the exercise of” and insert
“making pedicab regulations and exercising”.
This amendment clarifies that the Secretary of State’s guidance to TfL encompasses the making of pedicab regulations, as well as the exercise of its functions under those regulations.
Amendment 11, page 4, line 37, at end insert—
“(3A) In preparing guidance to be issued under this section, the Secretary of State must have regard to the following objectives—
(a) the benefits to the environment, economic vitality and the health and quality of life that properly regulated pedicab services can provide;
(b) the safety of pedicab drivers and passengers;
(c) the need to minimise danger, disruption and disturbance to the public;
(d) the reasonableness of pedicab fares for the passengers, riders and operators of pedicabs;
(e) the designation of places where pedicabs may stand for hire;
(f) the need for licensing and other charges or requirements imposed on pedicab riders and operators, and the penalties for contraventions of offences created by pedicab regulations, to be reasonable and proportionate to the risks that pedicabs pose to their riders, passengers and the wider public.”
This amendment defines the objectives that the Secretary of State must have regard to when drawing up guidance on pedicab regulations, including to take into account the benefits that properly regulated pedicabs can provide.
Amendment 5, page 5, line 6, leave out “whoever” and insert
“the London Pedicab Operators Association, Cycling UK and whoever else”.
This amendment would require the Secretary of State to consult the London Pedicab Operators Association and Cycling UK as well as anyone the Secretary of State considers appropriate before issuing guidance.
Amendment 7, page 5, line 6, leave out “whoever” and insert
“with local authorities, elected representatives, and whoever else”.
This amendment would require the Secretary of State to consult with local authorities and elected representatives as well as anyone the Secretary of State considers appropriate before issuing guidance.
Clause 7 stand part.
Amendment 16, in clause 8, page 5, line 8, at end insert—
“‘civil enforcement officer’ has the meaning given by section 76 of the Traffic Management Act 2004;”.
This amendment is linked to Amendment 15.
Amendment 13, page 5, line 17, at end insert—
“‘traffic authority’ has the same meaning as in section 121A(1A) and (2) of the Road Traffic Regulation Act 1984.”
This amendment is linked to Amendment 12.
Clause 8 stand part.
Clause 9 stand part.
Clause 10 stand part.
Government amendment 20.
Clause 11 stand part.
New clause 1—Protection of children and vulnerable adults—
“(1) The Policing and Crime Act 2017 is amended as follows.
(2) In section 177, in subsection (6), at end insert—
(g) the Pedicabs (London) Act 2024”
This new clause includes this Bill in the definition of “taxi and private hire vehicle legislation” for the purposes of section 177 of the Policing and Crime Act 2017. This permits the Secretary of State to issue guidance to public authorities exercising licensing functions so as to protect children and vulnerable adults.
New clause 2—Licensing functions under pedicab regulations: protection of children and vulnerable adults—
“(1) The Secretary of State must issue guidance to Transport for London under the provisions of section 177 of the Policing and Crime Act 2017 as to how its licensing functions under pedicab regulations may be exercised so as to protect children, and vulnerable individuals who are 18 or over, from harm.
(2) The guidance must include a requirement for enhanced Disclosure and Barring Service checks to be a condition of licensing.
(3) The Secretary of State must arrange for any guidance issued under this section, and any revision of it, to be published.”
This new clause is linked to NC1. It would require the Secretary of State to issue guidance to TfL as to how its licensing functions under pedicab regulations may be exercised so as to protect children and vulnerable adults from harm, including compulsory DBS checks.
New clause 3—Conditions of licensing: Disclosure and Barring Service check—
“(1) Any provision related to conditions of licences under section (1)(a) may include a requirement for pedicab drivers or operators to have enhanced Disclosure and Barring Service checks.
(2) The Secretary of State may by regulations make provision that is consequential on this section.
(3) Regulations under this section must be made by statutory instrument and may not be made until they are approved by both Houses of Parliament.
(4) Regulations under this section may amend, repeal or revoke provision made by or under any legislation passed before this Act.”
This new clause enables TfL to include DBS checks as a condition of licensing for pedicab drivers or operators in any licensing provision made by Transport for London. It also permits the Secretary of State to make regulations to make any consequential provision.
Sir Christopher Chope
I begin by putting on record my appreciation for the positive way in which the Under-Secretary of State for Transport, my hon. Friend the Member for Hexham (Guy Opperman), has engaged with our deliberations on this Bill.
As discussed on Second Reading, the differences of opinion on the Bill centre around whether its consequence, deliberate or otherwise, will be to legislate pedicabs out of existence. Pedicabs are to London what gondolas are to Venice. They are an essential part of the colour and vibrancy of our capital city. The Evening Standard recently warned of the damage being done to London’s nightlife and the night-time economy, and pedicabs are an essential part of that economy. I am sure we would not want to do anything to further undermine the viability of that night-time economy.
Is this Bill the equivalent of a morphine syringe driver to kill off pedicabs, or is it a necessary protector of responsible pedicab operators? Both I and, I think, the Minister want it to be the latter, and so does Cycling UK, which has a membership of some 70,000 cyclists—it is quite a large organisation—as well as the London Pedicab Operators Association.
I expressed my concern about over-regulation on Second Reading, as did my right hon. Friend the Member for Gainsborough (Sir Edward Leigh), who asked the Minister for an assurance that
“when this regulation comes into force, it will be light touch and not onerous, so that we do not kill this young and perfectly acceptable industry?”
And the Minister replied:
“The answer is yes and yes.”—[Official Report, 28 February 2024; Vol. 746, c. 375.]
That clear and unambiguous response is extremely welcome.
It is important that we are able to deliver on that commitment. The question often arises of whether we can trust Transport for London. Those of us who live in London during the week, and others who are resident in London throughout the year, are quite concerned about Transport for London’s failure to listen on issues such as the ultra low emission zone extension and the proliferation of 20 mph zones.
Transport for London produced an outline of how it will use the process of regulation, which it will be given under this Bill, in January 2022, and it was updated in February 2024. The Minister made arrangements for the new draft to be circulated to all interested Members. Unfortunately, and I know it was not his fault, the draft was circulated not with his letter but late on Thursday, about half an hour after the House had risen and the deadline for tabling amendments had passed. My amendments therefore take no account of that document. Had I seen it before the deadline, I might well have tabled additional amendments.
Nickie Aiken (Cities of London and Westminster) (Con)
I accept my hon. Friend’s point that there was an issue with the TfL regulations not being provided until Thursday. He may recall that he was involved in meetings with me and TfL on my private Member’s Bill back in 2021-22, when my office emailed him the same draft regulations on 20 January 2022. He has had a couple of years to read those regulations, which I do not believe have been changed.
Sir Christopher Chope
I hear what my hon. Friend says, but the draft regulations have been changed to take into account the discussions on the Bill in the other place. As she confirms, a document existed in 2022 yet, when I tabled a parliamentary question to the Minister asking for the draft regulations to be made available, I was told that they were not available. It is important that draft regulations are shared with all legislators and are not the subject of private meetings.
I am sure my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) is as eager as anybody to ensure that Transport for London’s intentions are explored so that we can be sure that it genuinely wants to retain the benefits of having a lively and vibrant pedicab industry in London. I will address the content we have now seen in the potential licensing framework for pedicabs in London, because I do not think it will excite much support from people who are keen to defend the interests of genuine pedicab operators.
There is an issue with the ability of pedicabs to lawfully ply for hire in London. When people think of pedicabs, they think of going up to the driver of a stationary pedicab on the side of a London street and asking for a ride. I am not aware of any statement from the Government suggesting that they believe that pedicabs should not be lawfully available to ply for hire yet, when one looks at the draft regulations, one can see that Transport for London is raising the question of whether or not pedicabs should continue to be able to lawfully ply for hire.
I come to another area of concern. Currently, there is no regulation of fares for private hire vehicles, and for good reason. As the document sets out, we do not have to regulate the fares of private hire vehicles because they are subject to a lot of competition. Yet the draft regulations suggest that TfL would wish to regulate the fares of pedicabs, even when they are being used, in essence, for private hire.
Matt Rodda (Reading East) (Lab)
Does the hon. Gentleman acknowledge that in a previous debate on the Bill a great deal of concern was raised by a number of hon. Members from across the House about the conduct of some pedicab drivers and the level of fees sometimes levied on passengers, some of whom were tourists who were unaware of the nature of the business they were getting into? I believe the hon. Member for Cities of London and Westminster (Nickie Aiken) raised that issue in the previous debate.
Sir Christopher Chope
I accept that, but those concerns relate to the use of pedicabs when they are plying for hire, and people then getting into them and being—to put it colloquially—“ripped off.” There should be regulation of fares in those circumstances, but where the pedicab is a private hire vehicle—where an agreement has been made prior to its hire—the terms and conditions will be a contractual arrangement between the hirer and the pedicab operator. That is exactly equivalent to what happens in the private vehicle hire sector at the moment, where there is no regulation of the fare. I do not understand why TfL is seeking powers to regulate the pedicab fare even when that is a private hire arrangement, rather than the subject of a hire arrangement made on the street.
Page 5 of the potential licensing framework for pedicabs in London states, “TfL would seek to introduce controls on fares for pedicabs, including fares for pre-booked journeys.” That is completely inconsistent with the point TfL makes in the previous paragraph, which says, “TfL does not regulate fares for private hire vehicles. As private hire vehicles are pre-booked, passengers are in a position to make a consumer choice before hiring the vehicle. Private hire vehicle fares are thus set by the operators in a competitive market, which allows price to be one of the factors passengers take into account when choosing which operator to book with.” So why is TfL seeking to introduce controls on fares for pre-booked journeys?
The next issue of concern, which has not been resolved, is whether pedicabs should be able to charge per passenger. Currently, taxis cannot charge per passenger; they charge per journey. One can understand why, because the taxi is licensed for a certain number of seats—for example, five—and the number of passengers does not make much difference to the speed of the vehicle. The situation for pedicabs is significantly different, because taking four passengers in a pedicab requires a lot more cycling effort from one person than one passenger does. So surely it is reasonable that pedicabs should be able to charge per passenger, rather than just per journey irrespective of how many passengers are there.
Alarmingly, the potential licensing framework makes reference to the possibility that TfL might require pedicab operators to accept any fare that was offered. So if a group of people got together and said, “You’ve got four seats in your pedicab, we wish to take all four of them and we require you to take us to Leicester Square”, the pedicab driver would be required to accept those four people, who might be heavy. That would be the case despite his wish to have only one or two people in his pedicab because he was not sufficiently fit to transport all four people in his pedicab. Those are further concerns I have about what is contained in these draft regulations.
The cycling fraternity are very worried about pedicabs being legislated out of existence, which is why they have argued that the pedicab regime should be national, rather than limited to London, and that it should not be an extension of the rules relating to taxis and private hire vehicles. I tabled a question to the Minister following his helpful intervention on Second Reading, when he talked about the issue of licensing authorities across the rest of the country and referred to paragraph 8.3 of his Department’s publication “Taxi and private hire vehicle licensing best practice guidance for licensing authorities in England”, which was updated on 17 November. In that update, the Department advised that licensing authorities “should make appropriate adjustments” to take into account the demand for pedicab services in their area.
During the earlier debates, we had heard that some such areas include Oxford, Salisbury, Bristol and Cambridge. So I tabled a written question to the Secretary of State asking
“what information his Department holds on (a) the number of pedicabs outside Greater London that are licensed as (i) taxis and (ii) private hire vehicles and (b) the number and proportion of those pedicabs that are in (A) Oxford, (B) Salisbury, (C) Bristol and (D) Cambridge; and if he will make an assessment of the potential impact on the number of licensed pedicabs of paragraph 8.3 of his Department’s guidance entitled Taxi and private hire vehicle licensing best practice guidance for licensing authorities in England”.
The answer I received from the Minister on 25 March rather ducked the question:
“Outside London pedicabs can be licensed as taxis. Pedicabs cannot be licensed as a private hire vehicle as legislation defines a private hire vehicle as a motor vehicle. The Department for Transport issues guidance on licensing taxis and private hire vehicles to authorities who should consider the recommendations made and their obligation under the Regulators’ Code to carry out their activities in a way that supports those they regulate to comply and grow. The Best Practice Guidance…sets out that where there is local interest….licensing authorities should make appropriate adjustments…Subject to the legal requirements, it is for licensing authorities to consider”.
What the Minister did not say was what impact, if any, the change in the best practice guidance that he issued has had on pedicab operators or on people being able to start pedicab operations outside London. The answer, as far as one can gather, is that outside London there are no licensed pedicab operations, because, despite the Government’s apparent best intentions, those who wish to operate pedicabs outside London using the taxi and private hire vehicle regulations are unable to get their operations off the ground. That is largely because of the regulatory burdens and the costs associated with insurance, apart from anything else.
There are those who believe, as I do, that pedicabs are a highly environmentally advantageous means of transport: the pedicab driver is taking good exercise in cycling his pedicab and it is not causing any emissions. In addition, pedicabs enable people to get from one part of London to another and to have an enjoyable experience. In the same way that not many people in Venice use gondolas as a means of getting from A to B quickly, pedicabs are not used as an alternative to the bus or the underground. They are there for a bit of fun and recreation. Why would this Conservative Government want to legislate them out of existence? I do not think they want to do that, which is why I have proposed a series of amendments designed to tighten up the pedicab regime.
My first amendment
“requires Transport for London to have regard to any guidance issued by the Secretary of State in relation to the making of pedicab regulations and exercising TfL’s functions under those regulations.”
My point is that the making of the regulations is what is important rather than the exercising of the functions under them, so the amendment requires Transport for London to have regard to that. That links to the requirement in amendment 19 to ensure that the Government produce the guidance within six months of the Bill receiving Royal Assent. Without that provision we could have a situation where the Government are required by law to produce regulations, but there is no time limit on that.
As an example of how time lapses, I remember that just over five years ago, on a Friday in this Chamber, my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) brought forward a Bill to control bad behaviour by rogue parking operators, who can cause abuse at the behest of transport organisations, access driver and vehicle details, and impose severe penalties, including enormous fines, on alleged miscreants who have parked on private property. The Government assured us that a code of practice would be drawn up, and I put forward an amendment specifying the period within which that should be done. I was assured by the then Minister—none other than the person who is now our Prime Minister—that my amendment was unnecessary, but five years later that code of practice has still not been produced, to the frustration of motorists up and down the country. That is why we need to include an amendment that specifies the timescale within which the Government must produce their guidance.
Amendment 19 suggests a timescale of six months. Transport for London could introduce its regulations thereafter, having taken into account the Government guidance. Clause 7 is purely permissive: it permits, not requires, the Government to issue guidance to Transport for London. It is essential that the Government issue guidance that ensures Transport for London realises it will not be allowed to prevent pedicabs plying for hire in London; it will not be able to require pedicab operators to put a maximum of four heavy people in their cab and not get any extra fee for transporting them; and it will not be able to require other potentially damaging provisions in the draft regulations.
Nickie Aiken
It is important to note that Pedal Me, an organisation that carries out freight deliveries via pedicabs, has always been supportive of the Bill, because it firmly believes that there should be regulations and that the whole industry should be properly regulated. It already ensures that its drivers are properly checked and safe, and that its vehicles undergo regular, proper security and safety checks. It is an important point to make that parts of the industry—particularly those that carry freight—are supportive of the Bill.
Sir Christopher Chope
I am grateful to my hon. Friend for making that point, which is similar to one made by the London Pedicab Operators Association, which has been campaigning for 20-plus years to have proper regulation of pedicabs so that its business can be carried out in a lawful and responsible way and not be plagued by rogue operators. It is good to hear that the organisation to which she referred is of a like mind. Indeed, I think nobody across the House is against the idea of having some regulation of pedicabs. The difference is in whether we want to introduce safeguards that will prevent those regulations from being so stringent that they regulate pedicabs out of existence.
When my hon. Friend and I had the discussion to which she referred earlier, she was unfortunately unable to commit—in what was her Bill at that stage—to including provisions that would have set that out in clear language. I suspect that was because, as we know, one of the organisations that would like to legislate pedicabs out of existence is the London Taxi Drivers Association. That is perfectly understandable—it is much easier for its drivers if they have fewer competitors on the streets—but we owe it to the people who have transformed transport for people in the centre of London, particularly in the late evenings and past midnight, and have introduced this alternative: namely, the provision of pedicabs.
Amendment 15 would ensure
“that the powers to immobilise and seize pedicabs are assigned to police constables in uniform or to traffic officers duly authorised by local authorities, and that they are proportionate to the powers to immobilise and seize motor vehicles in section 59 of the Police Reform Act 2002.”
I hope that that is a no-brainer and that, in responding, the Minister will be able to assure us that exactly that will happen in practice. At the moment, it is not clear in the regulations that Transport for London has that in mind. It seems to be keen on the fixed penalty notice regime, with all the potential injustice that flows from that.
Amendment 18 is on how we define a pedicab. The amendment would ensure that power-assisted pedicabs—pedicabs not just driven by human effort but assisted with a battery—are defined as a pedicab that conforms to the Electrically Assisted Pedal Cycles Regulations 1983, thereby securing some consistency across the regime. As you will know, Sir Roger, a power-assisted pedal cycle under those regulations is not allowed to go more than 15.5 mph, although apparently quite a lot of them do. I have seen cyclists going a lot faster than 15.5 mph, but Transport for London has it in mind in the draft regulations to require pedicab operators to install equipment—in effect a speed limiter—that would prevent the pedicabs from going faster than 15.5 mph. That must reinforce the case for saying that electrically assisted pedicabs should be regarded as electrically assisted cycles rather than as other sorts of powered vehicles. There is a clear distinction in law between vehicles subject to the Electrically Assisted Pedal Cycles Regulations and those that are not, which could be regarded as ordinary motor vehicles.
Whether we define a pedicab as a cycle or as a motor vehicle will have significant implications in third-party liability insurance. One of the biggest constraints on pedicab operators is the cost of insurance. The regulations will rightly require insurance, but it is important that they should be drafted in such a way as to make it easier for the costs of that insurance to be less penal than they might otherwise be if pedicabs were defined as equivalent to an ordinary vehicle.
I have referred to amendment 19, and amendment 3 offers a less preferable alternative.
Amendment 10 would clarify that which is not clear in clause 7: that the Secretary of State’s guidance to Transport for London should encompass the making of the regulations as well as the exercise of the functions under those regulations. You will appreciate the difference between those two propositions, Sir Roger. I look forward to hearing whether the Minister can provide us with some reassurance in relation to that guidance.
Amendment 11 goes back to the objectives of this Bill. Chris Smallwood, the spokesman for and on behalf of the London Pedicab Operators Association, has written to me to express his support for my amendments, and he has suggested a number himself. He has said that he has had introductory meetings with officials from TfL. He names them, but I will not repeat their names in the House. He says:
“A concern was that when questioned about the objectives that TfL’s regulations are seeking to achieve, they”—
those officials—
“talked only about the safety of pedicab drivers and other road users, which of course is a very important objective, and is reflected in our proposed amendment on the objectives for the Regulations. However, they seemed reluctant to acknowledge that a well-regulated pedicab sector could provide health, environmental and other benefits, and that securing those benefits should also be an objective.”
He went on to say:
“It’s not essential that this should be written into the Bill itself, if the Government states that these objectives be written into their guidance to TfL.”
The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)
If no one else wishes to speak, we will come to the Front Benchers. I call the shadow Minister.
Simon Lightwood (Wakefield) (Lab/Co-op)
It is a pleasure to speak in my inaugural Committee of the whole House on behalf of the official Opposition. As we set out on Second Reading, Labour is clear that the Bill can help to sustain a thriving London pedicab industry that is also safe and trusted by its customers, and we support its progress. However, there are two areas in which Labour believes that the Bill can be improved: pedicab infrastructure, and the crucial safeguard of requiring enhanced disclosure and barring service checks for pedicab drivers.
Amendment 8, which was tabled in my name and those of my Front-Bench colleagues, would enable Transport for London to use pedicab licence fees for investment in pedicab infrastructure in London. Alongside passenger safety and unregulated fare charging, one of the biggest issues presented by unregulated pedicabs is the nuisance of operators blocking pavements and roads as they ply for trade. The Heart of London Business Alliance, which represents over 600 businesses across London’s west end, is clear that pedicabs frequently block pavements and roads outside many of its members’ premises. That can cause chaos at busy periods, such as when many hundreds of people are filing out into the street after a west end show.
The amendment would enable Transport for London to use fees levied from pedicab licences to invest in infrastructure that supports the industry. That infrastructure could include designated pedicab ranks in certain areas, designed to relieve the nuisance of blocked pavements by giving operators a specific area in which to pick up customers. TfL has already set out in its potential licensing framework that it will consult stakeholders on the provision of pedicab stands. I hope that the Heart of London Business Alliance, along with other associations and bodies, including the London Pedicab Operators Association, can feed into those discussions.
Florence Eshalomi (Vauxhall) (Lab/Co-op)
My hon. Friend is making a good closing speech on why regulation is important. The hon. Member for Cities of London and Westminster (Nickie Aiken) and I share the view that the Bill strikes the right balance between allowing a sustainable and supported pedicab industry to develop, and giving Transport for London the powers that it needs to ensure that the sector runs safely. Does he agree?
Simon Lightwood
I agree, but there could be enhanced DBS checks, which our new clause 3 would provide for.
As I have said, TfL has already set out in its potential licensing framework that it will consult stakeholders, and I hope that that will include the London Pedicab Operators Association. Of course, although it is vital that fees are set at a level that enables investment, they must remain proportionate. We are trying to provide for a prosperous pedicab industry, after all, so we must ensure that fees are not prohibitive. Clause 2(4) already provides for TfL to set fees at a level that enables the recovery of costs incurred for administering the licensing scheme. Licensing fees being set on a cost recovery basis is fair and proportionate. Amendment 8 to clause 2(4) would simply grant TfL a degree of flexibility while acknowledging the benefits that investment in pedicabs infrastructure can have.
Matt Rodda
My hon. Friend is making an excellent speech clearly setting out the importance of having the right balance. Does he agree that, from this work in London, lessons could be learned for other towns and cities around the country, and that encouraging the pedicab industry and other delivery by bicycle in a sensitive way around the country could generate a great number of local jobs and remove fumes and other menaces from the public realm?
Simon Lightwood
My hon. Friend makes a very important point; hopefully, during TfL’s consultation, it will engage with those other organisations to ensure maximum benefit. Labour’s priority, after all, is to grant TfL the flexibility it needs to implement a regulatory regime that promotes safety while also allowing the regulated pedicab industry in London to flourish. Naturally, infrastructure such as pedicab stands would be competing against many different demands for the use of central London’s kerbsides, and it will remain TfL’s responsibility to work with local authorities on where infrastructure can be viably located.
Some hon. Members may not agree that this Bill is an appropriate place to discuss pedicab infrastructure. Labour believes that on the contrary, the conduct of pedicab drivers and the safety of the public are undeniably linked to TfL’s ability to fund and make provision for infrastructure that supports a regulated pedicab industry. Amendment 8 clarifies one potential revenue stream for the provision of that infrastructure, and I hope the Government will consider its merits carefully.
I now turn to new clauses 1 to 3, which stand in my name and those of my Front-Bench colleagues. All three new clauses concern the safety of children and vulnerable adults using pedicabs. As we heard on Second Reading, and as has been reported widely in the media and by numerous stakeholders, misconduct by pedicab operators arguably provides the strongest case for the desperate need to regulate the industry. Blocking streets and pavements, reckless driving and noise nuisance are all important areas that regulation will address, but they pale in comparison with the vital responsibility we have to ensure that TfL has the power to ensure public safety effectively. As TfL’s proposed licensing framework sets out, that emphasis on safety will be its guiding principle for pedicab regulations.
At the front and centre are eligibility requirements for operators and drivers. TfL has set out a raft of proposed licensing requirements, including alignment of visa status requirements with taxi and private hire licensing, English proficiency, and highway code and hazard perception awareness. That is of course welcome, but TfL is also clear that it would like to see compulsory enhanced Disclosure and Barring Service checks for pedicab drivers, again in line with the taxi and private hire requirements. That should be a vital component of ensuring the safety of pedicab customers, but TfL has explicitly stated on page 5 of its draft licensing framework that it would require changes in legislation, because while clause 2(6)(a) of the Bill empowers TfL to regulate licensing eligibility, enhanced DBS checks may not form part of those requirements if TfL does not have the right powers. Those difficulties were raised in the other place and were acknowledged by the Lords Minister himself.
The draft licensing framework also makes a clear distinction between basic and enhanced DBS checks, and explicitly states that enhanced DBS checks for pedicab drivers would be TfL’s preference. I say for the benefit of colleagues that an enhanced DBS check may show information held by local police forces on individuals. That intelligence may prove vital when deciding whether to award a licence to a pedicab driver, and it is absolutely right that TfL should be able to require enhanced checks. While enhanced DBS checks are not a panacea, they are clearly an important component of thorough eligibility requirements. Labour recognises the need to balance getting the Bill swiftly on to the statute books with the need to ensure that it conveys sufficient powers to TfL to truly make pedicabs a trusted and safe mode of transport in London. If TfL does not have the right powers to vet pedicab drivers through enhanced DBS checks, that will threaten its ability to truly implement a watershed regulatory framework.
Labour’s new clause 1 would add this Bill, upon Royal Assent, to the list of existing taxi and private hire vehicle legislation under section 177 of the Policing and Crime Act 2017. As colleagues may be aware, section 177 empowers the Secretary of State to issue statutory guidance on how licensing authorities can ensure the safeguarding of children and vulnerable adults. Including pedicabs in the list of licensed activities covered by the statutory guidance would be a crucial step towards a safer pedicab industry.
Labour’s new clause 2 is designed to build on new clause 1 by turning the Secretary of State’s power to issue statutory guidance to TfL into a duty. Crucially, under subsection (2), this guidance would also include a requirement for enhanced Disclosure and Barring Service checks to be a condition of a licence. In concert with new clause 1, this new clause would equip TfL with the powers it needs to properly regulate in the name of safety by including enhanced DBS checks as a baseline standard for driver eligibility.
The Parliamentary Under-Secretary of State for Transport (Guy Opperman)
I wish to address all the amendments that have been put down by all colleagues. I am conscious that the hon. Member for Richmond Park (Sarah Olney) representing the Liberal Democrats is not present, but I will deal with her amendments 21, 6 and 7 very briefly. On her amendment 21, the consultation will happen as she seeks. On her amendment 6, clause 2(7) addresses her concerns on that. On her amendment 7, I believe that that is covered by clause 7(6).
The hon. Member for Wakefield (Simon Lightwood) has put forward a number of amendments. He and I have discussed this on a previous occasion and prior to today, and I will address a couple of his key points. They were made in the best possible way and in the right spirit, being conscious of what was discussed in the other place. On his new clause 1, we believe it is not necessary given that clause 7(2) already achieves the policy intention by specifying that the Secretary of State’s guidance may include guidance about TfL’s functions. The key point is that we believe clause 7(2) addresses the overarching themes.
The crucial point the hon. Member wants to make is about DBS checks, and I acknowledge that point. Clearly, there are the primary checks we have repeatedly discussed in the past, but I am strongly instructed that the appropriate way to deal with these matters is to make amendments to the exceptions through the Police Act 1997 (Criminal Records) Regulations 2002, under the negative procedure, and the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, under the affirmative procedure.
I can tell the Committee that the Home Office and, in particular, the Ministry of Justice are currently considering a range of proposals for changes to such eligibility, and we are looking to bring forward a consolidated package of changes in due course. I am not able to do that at this stage, and I do not feel that this Bill is the right venue to do it. However, the hon. Member’s point is well noted, has been taken on board and is very much live in the Ministry of Justice’s considerations.
My hon. Friend the Member for Christchurch (Sir Christopher Chope), in his typical way, made a heartfelt speech setting out his genuine concerns and his genuine desire to ensure that there is a pedicab business on an ongoing basis post regulation. I welcome his concern on that point, and as a strong Conservative I want to see exactly the same as him. I put that on record, and I make it very clear that we want a thousand flowers to bloom and we want pedicabs to continue on a long-term basis.
I know there is a desire to trade who said what over the last few years, but I want briefly to put on record some of the comments from some of the key organisations engaged here. Clearly, the London Pedicab Operators Association has made a variety of comments down the years. On 7 November 2023 one of the spokesmen, Mr Schroder, stated:
“It’s handy for us to have legislation and rules and regulations for the operators which includes insurance…we’ve been competing against operators who don’t follow any rules, who can do what they want, and that makes it difficult… It’s a shame that they don’t involve the industry in making the decisions, because then it’s take it or leave it.”
Mention was made of Mr Smallwood, who stated in August 2022 that he was “optimistic” because probably for the first time, all parties have a determination to finally establish a bespoke regulatory regime for pedicabs that extends throughout the country. He said this was a “positive and exciting” opportunity, and perhaps a singular chance in the foreseeable future to resolve this long-standing issue. He added—I think this is relevant to consideration of whether we are creating a bespoke arrangement to allow an organisation to continue in a safely regulated way—that regulations across Europe and the USA are simple, straightforward and effective. Clearly it is possible to regulate pedicabs and at the same time to allow the industry to flourish.
Matt Rodda
Will the Minister reflect on the benefits of this regulatory approach being brought forward to look at other comparable new and emerging forms of transport, particularly electric bikes and scooters? There is a great deal of concern among my constituents and others that we need a sensible approach to these new vehicles that encourages the use of more modest and environmentally friendly transport, but that also keeps them off pavements and avoids people being scared to walk down the street. Will he commit to looking into that important matter as well?
Guy Opperman
The hon. Gentleman tempts me to go somewhat beyond the Bill, and I will try to address that issue in a couple of ways. Clearly, the Department for Transport must look at all types of vehicles, in whatever shape or form, that utilise the roads, including cycles and various types of scooter and the like. It is complex legislation, as we are showing by dealing just with the simple issue of pedicabs, but it is unquestionably the case—I speak as the Minister who answers for accessibility issues—that this cannot be the long-term situation. I accept that a research project is ongoing in respect of these alternative vehicles, but that cannot be the case long term.
It is my humble opinion that we have an unregulated system where vehicles can be deposited on the pavement, and those who have accessibility issues, or who are blind or have other disabilities, are unquestionably compromised by that. There must be regulation going forward. I am keen to see that but again—this slightly touches on the point made by my hon. Friend the Member for Christchurch—there has to be a way to get the right form of regulation to allow this to go ahead. To be fair to successive Mayors of London, having what are sometimes called Boris bikes, and sometimes called other types of bikes, with a docking station, has been exceptionally successful at getting people out of a bus or car, and it is the right thing to do. I am utterly on board with what the hon. Gentleman says. It is for all parties to look at their transport manifestos, but it would unquestionably be my view, as a very junior and humble Minister, that we must consider that issue.
Ben Knowles of Pedal Me stated that pedicabs
“have been undermined by the business models under which they’re run and by the lack of regulation… So I’m really excited to see this regulation coming in because I think it might help boost standards across the industry and turn it into the reputable, useful service it always should have been.”
To assist my hon. Friend the Member for Christchurch, and all colleagues, I asked TfL to update, improve and enhance its draft regulations, and I wish to try to address that briefly. I do not think I have ever come across a Bill that is so brief but has such detailed draft regulations for pre-scrutiny. I have done this job for 14 years, and I have never seen such copious detail.
Nickie Aiken
My hon. Friend is making an important point. I have not always seen eye to eye with the current Mayor, but on the regulation of pedicabs we are absolutely at one. I know from his transport strategy that he wants to encourage more cycling and more green transport, which pedicabs are. The last thing the Mayor of London wants to do is eradicate pedicabs, and the fact that these draft guidelines have been put together and that the Mayor has worked closely with the Department for Transport make it clear that they want this regime to work.
Guy Opperman
May I put on record my agreement with my hon. Friend? The Department for Transport and TfL have worked closely to make progress. There is a desperate desire to get regulation ongoing, so that pedicabs can go forward as a properly regulated business. To be fair, TfL has put that in writing, and I briefly mention the comments at paragraph 2, which states
“we recognise the need for regulations to not only improve safety but to minimise the other associated negative impacts pedicabs have on London, from congestion on streets and pavements, to loud music causing public nuisance or disproportionate fares undermining London’s reputation as a global tourist hub. Once this behaviour is effectively managed through a regulatory regime however, we believe there are a number of benefits pedicabs may have, especially in central areas, where these services could offer a green and space efficient option.”
I do not think TfL could have been any more clearer about its intent to have a regulatory regime, but also a safe regime.
Florence Eshalomi
I thank the Minister for making those points, and I thank the hon. Member for Cities of London and Westminster (Nickie Aiken). It is fitting, as we are coming to the last few debates in the Chamber before Easter, that the Bill has been resurrected perhaps five times. We are nearly there. On what the Minister has just outlined, does he agree that there is cross-party support for seeing a pedicabs industry that works, that supports customers and drivers, and that can flourish? Unfortunately, the current situation is causing tensions, hence why we need this legislation passed quickly.
Guy Opperman
It is unquestionable that this Bill has cross-party support. Even my hon. Friend the Member for Christchurch, who has understandable concerns, is supportive of light-touch regulation on an ongoing basis.
May I just address a couple of extra points? It is on the record that the Bill does not require a statement under section 13C of the European Union (Withdrawal) Act 2018, which is good news.
I will be moving my amendment 20. As for my hon. Friend’s amendments, I regret that I will disappoint him, as I do not agree with them, but I will deal with them briefly. Amendment 9 is covered by clause 7(5). Amendment 1 is covered by clause 1(3), which requires a statutory public consultation. We have the updated and published February 2024 guidance. On amendment 2, those bodies will be consulted, and no reasonable consultation could possibly go ahead without them being involved. Amendment 4 is dealt with by clause 7. Amendment 12 is the same issue as raised by the hon. Member for Richmond Park (Sarah Olney).
On amendment 17, the Bill is unquestionably for pedicabs transporting passengers. Amendment 14 is dealt with by clause 3(5). Amendment 15 talks about what would happen in practice, but it is dealt with by clause 3(6). Amendment 18 is dealt with by clause 1(2), which defines pedicabs as a pedal cycle or power-assisted pedal cycle. The term “power-assisted” captures the point raised by the amendment, and is broader than “electrically assisted”. Amendments 3 and 19 have been dealt with previously, but clearly the Secretary of State must have the power to assess this process once the Bill has progressed. Amendment 10 is about guidance not circumventing consultation and regulation. Amendment 11 is dealt with by clause 7(1).
Sir Christopher Chope
Will the Minister assure me that under no circumstances will the Government allow Transport for London to prevent pedicabs from being able to ply for hire?
Guy Opperman
With great respect, this matter should be dealt with through the upcoming consultation. TfL could not be any clearer than the introduction to said consultation, where it states that it wishes pedicabs to continue. It is unquestionably the case that they will have to manage the number of pedicabs there are, but, with great respect, that is dealt with in both the introduction and the subsequent matters. After all, that is the point of a consultation. There should be an open consultation discussing the matter with all the particular individuals relevant to it.
In those circumstances and, with due respect, I invite all colleagues not to press their amendments, and I commend the Bill to the House.
Sir Christopher Chope
I thank the Minister and everybody who has participated in the debate. On the last point about plying for hire, it seems as though Transport for London is actively contemplating a situation in which no pedicabs will be able to ply for hire. Page 8 of the consultation states, “If, following consultation, pedicabs are allowed to continue to ply for hire”. That envisages a situation in which they might not be allowed to ply for hire. Unless they can ply for hire, that is the end of pedicabs as we know them.
The proof of the pudding will be in the eating on this matter. I have seen over the years in London how we had a Greater London Council that interfered and acted against the wishes of the people. We now see Transport for London alienating a lot of people over the ultra low emission zone extension and its proliferation of 20 mph limits. I suppose we must trust Transport for London to ensure that it actually does what it says it will do, but I am grateful to the Minister for pointing out that he and I are ad idem in our determination to ensure that there is a vibrant, lively and continuing pedicab industry in London. In those circumstances, I will withdraw my amendments because there is no need to take the matter any further, but I look forward to the consultations that will flow on those regulations. I beg to ask leave to withdraw the amendment.
The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)
Just for the record, Sir Roger told me that you were gloriously within order throughout speaking to the amendments.
Amendment, by leave, withdrawn.
Clause 1 ordered to stand part of the Bill.
Clauses 2 to 10 ordered to stand part of the Bill.
Clause 11
Short title
Amendment made: 20, page 6, line 1, leave out subsection (2).—(Guy Opperman.)
This amendment removes the privilege amendment inserted by the Lords.
Clause 11, as amended, ordered to stand part of the Bill.
The Deputy Speaker resumed the Chair.
Bill, as amended, reported.
Bill, as amended in the Committee, considered.
Third Reading
Guy Opperman
I beg to move, That the Bill be now read the Third time.
I would like to place on the record my gratitude to colleagues, particularly my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken), who has fought nobly to bring forward this vital legislation to the good burghers of London on an ongoing basis, through thick and thin, through private Member’s Bill, through fair winds and foul. She has done a phenomenal job.
It is rightly said that this is a cross-party Bill. I thank Transport for London for its work with the Department for Transport and my officials, who have done a fantastic job to take it forward. It is right that I mention my hon. Friend the Member for Sutton and Cheam (Paul Scully), who tried to introduce this legislation previously. Fundamentally, this legislation has been overdue for well over 20 years. It is an important but discrete piece of legislation, and I commend it to the House.
Simon Lightwood
I will keep my remarks brief, as this is the penultimate main business before the Easter recess, and far be it for me to delay colleagues returning to their constituencies. I am grateful for all hon. Members who have participated in the Bill’s progress, particularly the hon. Member for Cities of London and Westminster (Nickie Aiken). I am grateful for the hard work of colleagues in the other place, which meant that the Bill came to us in a much improved state, specifically by adding the provision for the regulation of noise nuisance. Their efforts to pressure the Government into changing their approach on requiring parliamentary approval ensured that the powers are fully devolved to Transport for London. That is commendable.
As I set out on Second Reading and again in Committee, Labour supports the Bill. For years there have been calls on the Government to grant Transport for London the powers it needs to regulate this industry. Labour welcomes the Bill as that will finally become law, and a regulated pedicab industry in London will soon emerge, but it has taken far too long to get here.
I must repeat what I emphasised on Second Reading: there is no doubt that the Bill is hugely welcome to London’s west end and a handful of other London areas, but these measures should have been introduced as part of a far wider transport Bill. Elsewhere in transport policy there remains desperate need for major transport reform, particularly on e-bikes and e-scooters, but the Government continue to duck that responsibility and have refused to use this opportunity to bring forward a long-promised and long-delayed transport Bill.
I have been listening carefully to the Minister’s arguments, and I welcome the Government being content that TfL can mandate enhanced DBS checks for pedicabs under current private hire vehicle legislation. It is regrettable that proposed new clauses 1 to 3, all pertaining to the safeguarding of vulnerable adults and children, were not accepted. TfL itself has indicated throughout its draft licensing framework that passenger safety will be its guiding principle, and it is keen to incorporate enhanced DBS checks into licensing conditions under clause 2(6)(a), but believes that it currently does not have the powers to do so. Each of Labour’s new clauses offered a different way forward to incorporating enhanced DBS checks into TfL’s regulations.
It is disappointing that the Government have not taken the new clauses forward, but Labour welcomes the opportunity that tabling them has presented to facilitate a discussion on the importance of TfL having the powers to integrate enhanced DBS checks into its licensing regime. I welcome the exploration of alternative means, as the Minister described, to achieve the same objectives. In the light of that, I gently ask the Minister to meet me at his earliest convenience to discuss this issue further, and to identify ways that we can work together on a cross-party basis to grant TfL the powers it needs to keep customers safe.
Overall, this Bill is welcome, if not long overdue. It is a great addition to the statute book. Once again, I thank all hon. Members and Lords in the other place for their involvement, in addition to the Clerks and stakeholders who have helped us scrutinise the Bill effectively.
Florence Eshalomi
It is great to see progress on this Bill. I want to start by congratulating my constituency neighbour, the hon. Member for Cities of London and Westminster (Nickie Aiken), on first introducing the Bill. I congratulate her on her persistence in getting this hard, long-awaited Bill to its last remaining stages. Like her, my Front-Bench colleagues and the Mayor of London, I have long supported the Bill as a means of giving Transport for London real power to regulate our pedicabs.
I will keep my remarks short. As others have highlighted today, the Bill highlights the serious problem of the unregulated regime for pedicabs in my constituency and other parts of London. My support for the Bill does not come from wanting to see pedicabs banned for good in all forms from our streets. Instead, like everybody else, I want a properly regulated industry that works for everybody. Unfortunately, what we have currently is one that creates tensions. Businesses see their pavements blocked and consumers discouraged, and residents are disrupted by excessively loud music during unsociable hours. Passengers face hiked, or even extortionate, fees for really short journeys. Most importantly, drivers themselves are forced to work in dangerous conditions and are undercut by those who cut corners in maintenance.
The Bill, with support from the Department for Transport, the Mayor of London and cross-party councils across London, strikes the right balance in allowing a sustainable and supported pedicabs industry to develop and flourish. We have waited far too long for it to be passed. While we have been waiting, we have continued to see people being ripped off, and consumers and visitors deterred from coming into the heart of London. We want more tourists bringing their families and their money, but when they have a bad experience, that spreads faster than the good experience. It is therefore really important that we continue to work together in the spirit of cross-party collaboration, and ensure we put an end to unregulated practice and get the Bill on to the statute book.
Nickie Aiken
I cannot quite believe we are here, to be honest. Mr Deputy Speaker, you have spent many a Friday in the Chair listening to me make the argument for why we need pedicab regulation. It has never been about eradicating pedicabs. It has always been about making them safer for the tourists who use them and for the drivers who drive them, and making Westminster a much more pleasant place to live, work and have a business.
People do not appreciate that in the west end of London there are thousands of people living in social housing, whether in Soho, Fitzrovia, Covent Garden or Marylebone. They have no choice where they live. They are given a home in a social housing block, whether via the council or a housing association, and they are not able to move. Often, they have to live with horrendous experiences that a minority of pedicabs ply: the loud music played for hours on end in the early hours; tourists ripped off; and so many other examples.
We must continue to grow the London economy, especially the central London economy, which has taken such a battering following covid and the energy crisis. We need to ensure that when tourists come here they have a fantastic time. I personally fully believe that licensing for pedicabs will improve the offer. It will ensure that people enjoy it and that they have a special time in London.
I am absolutely delighted that, after four private Members’ Bills, the Government accepted the need for the Bill. I reiterate my thanks to those in No. 10, Will Tanner and James Nation, for all the support they gave me, and to the Prime Minister, who was fully behind it. My greatest thanks go to the Under-Secretary of State for Transport, my hon. Friend the Member for Hexham (Guy Opperman), who has really worked me on this. I thank him so much. I thank the shadow Front Benchers for their support and my dear friend the hon. Member for Vauxhall (Florence Eshalomi)—people talk about having friendships in the Chamber, and I am so proud to have her as a friend. I would also like to thank all the organisations across the west end—the Soho Society, the Marylebone Association and others—who have been behind me all the way. I honestly believe the Bill will make a huge difference, so I thank everyone again. For the people of the west end, this will make a huge difference.
Sir Christopher Chope
I, too, add my thanks to the people involved in this issue. In particular, I am grateful to my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) for the way in which she has taken forward the interests of her constituents. I am disappointed, in a sense, that she has decided to throw in the towel and not stand again at the next general election. Perhaps in her retirement from the House she will be able to become a licensed pedicab driver herself—[Laughter]—and thereby be able to use her knowledge and experience. She certainly will not have much difficulty in being able to pass the regulatory requirement of knowing the location of central London and how to get around it.
I also thank the London Pedicab Operators Association and Cycling UK, both of which have helped me in putting questions about the Bill. I think it important for awkward questions to be put to those who are promoting legislation such as this, and I have found it disappointing that a number of London Members have not questioned any of it. I think that today’s interchange between the Minister and me should concentrate minds on ensuring that the regulations, when they are finally implemented, do exactly what we want them to do, so that we are able to have a thriving pedicab industry and activity throughout the country, rather than just in London. As we have heard, that is already the case on the continent and in North America.
Soon after I was elected—a long time ago—I started to take my two children on a tandem trailer, with my wife and I on the tandem. As a result, my commitment to cycling knows no bounds and cannot be questioned. I hope that the Bill will reinforce the strong case for cycling, and encourage more people to take the strain and allow others to join them. Indeed, an increasing number of parents are now taking their children to school and on outings on the back of their bikes, and good on them for doing so.
It may have taken 20 years for this legislation to get here, but reforming legislation is an iterative process. Twenty-odd years ago the Licensed Taxi Drivers Association was completely against the idea of pedicabs, but I hope we will find that it now tolerates and indeed accepts them, and perhaps we can encourage taxi organisations outside London to welcome this very valuable alternative form of transport.
Shaun Bailey (West Bromwich West) (Con)
I will be brief, because I had not intended to speak, but having followed the debate, particularly in Committee and on Third Reading, I want to thank my hon. Friend—I say that with such heartfelt meaning—the Member for Cities of London and Westminster (Nickie Aiken), who has demonstrated the power of this place. We talk about coming here and making tangible change, but what has happened today—in addition to the commendable work that my hon. Friend has done, along with the hon. Member for Vauxhall (Florence Eshalomi), in producing this legislation—just goes to show that despite the bandying around and argy-bargy that sometimes happens, we can make truly bring about real change.
I must also put on the record how sad I am to lose my hon. Friend from this place, and how much of a loss it will be. She represents, without doubt, the best of this place and, if I may say so, the best of our party. I want to say how proud I am to have watched her take the Bill forward over the last four years in the way that she has. The fact that she has been able to do this for her constituents constitutes a monument to her and a legacy. I simply say to her—and I think we would all agree, across the House—that she should be very proud of what she has done today, because she has followed this through and won it for her constituents. She has done what all of us in this place set out to do, and I think that her constituents will be proud of her and grateful as well.
Mr Deputy Speaker (Mr Nigel Evans)
We are all going to miss you, Nickie—although obviously I will be going out to Dubai to stay for a few weeks.
Mr Deputy Speaker
Here we go!
Question put and agreed to.
Bill accordingly read the Third time and passed, with an amendment.
Royal Assent
Thursday 25th April 2024
(2 days, 10 hours ago)
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