Lord Scott of Foscote
My Lords, I, too, welcome the debate that has been secured by the noble Lord, Lord Glentoran. I have to say that I am in substantial disagreement with some of the remarks made by the noble Lord, Lord Wills.
I start by declaring my interest in and knowledge of bicycling in London. I began working in London in the early 1960s. I used to travel in by train from north Buckinghamshire, have a good journey to Euston and then struggle from Euston to Lincoln’s Inn, by either Tube or bus, each of which was unpleasant and took much longer than it should. Therefore, I began using a bicycle and have used one ever since for the purpose of getting around London. That is now a period of nearly 50 years. On a couple of occasions I have been knocked off my bicycle by cars, although not seriously. The drivers of the cars were enthusiastically remorseful and we parted on good terms. I have never seen a cyclist bang into a pedestrian or a vehicle, and I have never had a cyclist bang into me.
The question for the Government, posed by the noble Lord, relates to the responsibilities of cyclists and motorists. Both have responsibilities in private and public law. The private law responsibilities are that cyclists and motorists alike—and, for that matter, pedestrians—owe a duty of care to all other users of the road that they are using. If there is any breach or alleged breach of that duty by a cyclist, or by a motorist or pedestrian, it is a matter for a judge to resolve. The judge can decide whether the duty of care has been broken and, if so, deal with any damages claim that has arisen from the accident. The law does not need rebalancing; it works perfectly well as it is—so much for private law.
There is also public law, which must be observed by motorists and cyclists. There is, I am afraid, no public law that has to be observed by pedestrians in London, although in some cities abroad pedestrians are required not to cross the road except when the light is green in their favour. As far as I know, there is no such law in this country. However, the law applies to motorists and cyclists alike. They must stop at traffic lights, not go up one-way streets or ride on the pavement, and they must obey speed limits, not that a cyclist is in much of a position to break the speed limit, although many may try. The laws apply to them as they do to motorists.
In my opinion the overriding obligations that cyclists owe to everyone else on the roads are twofold. First, cyclists must do their very best never to bump into a car or be bumped by a car. That means keeping eyes and ears open at all times. Secondly, they must get out of the way of pedestrians wherever the pedestrians may be. Whether the pedestrians are legitimately crossing a road or cyclists are on the pavement with the pedestrians, they must get out of the pedestrians’ way. Those are the two essentials for cyclists in my opinion. If those two essentials are observed, there ought to be no problem and no rebalancing needed.
The enforcement of the public law is, of course, a matter primarily for the police. The police are very sensible about this. As most of them have ridden bicycles themselves in London in their training periods, they know that there are two particular dangers for cyclists. One is at red lights when the cyclist stops as near to the pavement as may be, a vehicle then draws up next to the cyclist, the light turns green and both cyclists and motorists start off at the same time. As I get older I am becoming more aware of the fact that it is almost impossible to start off from a stationary position without some degree of wobble. That is why cyclists try to get ahead of the line of vehicles which have stopped at the red light. They want to start first so that the motorists can see them. I always do that. It means going a few yards ahead of the red light, but no policeman has been silly enough to object to that practice as it is obviously conducive to safety and the avoidance of accidents.
The other danger with which cyclists are presented occurs during the tourist season. Given their experience abroad, foreign tourists naturally expect the traffic to be flowing in the opposite direction from that which applies in this country. Therefore, they step into the road looking to their left for any traffic that is coming instead of looking to their right. If they do that while a cyclist is riding along with a car coming up on one side as well, the cyclist is in a very difficult position. You have to keep your wits about you to avoid banging into these foreign tourists or being banged by the car coming up on your side.
Over the years I have found cycling to and from work in London very enjoyable. One is free of the nuisances of tubes and of buses caught in traffic jams and one is in control of one’s own situation. One arrives at work or at home, depending on the direction in which one is going, a little bit sweaty. That is probably a good thing although one needs to put on a clean shirt when arriving at one’s destination. I would not like to see any government interference with cycling as it operates at the moment. I see plenty of cyclists every day as I go to and fro from my flat in Camden to, formerly, the Royal Courts of Justice and now to this House. Some cyclists go faster than I would go, and I always rather envy them. However, I deprecate the fact that a number of cyclists now ride their bicycles while wearing ear plugs, which enables them to listen to their choice of music. The two things you need when you are on a bicycle are your sight and your ears, so that you can hear what is coming up behind you and you can see what is in front of you. Ear plugs stop you hearing what is coming up behind you. If there was to be any government interference—
Lord Shutt of Greetland
The noble and learned Lord has been speaking for seven minutes. Speeches are time limited to four minutes.
Lord Scott of Foscote
It has just this moment turned five. I will now sit down. However, I hope to be able to continue cycling, as I have done for the past 40 to 50 years.
Earl Attlee
My Lords, I am grateful to my noble friend Lord Glentoran for introducing this important subject for debate and for the clear way in which he did so. There are two camps in this debate; however, there is no doubt that all noble Lords are concerned about the safety of all vulnerable road users, so that cyclists are safe and that they do not endanger others.
The commendable Cities Fit for Cycling campaign has been spearheaded by the Times newspaper. Its campaign is in response to the tragic accident involving Mary Bowers. I understand that not only was she such a good reporter that she was on the staff of the Times but that she has undertaken highly commendable aid work in Africa. I am sure that we all hope and pray that she can make a recovery.
My noble friend referred to the mayor’s cycling strategy, which is entirely consistent with the coalition Government’s policies. All road accidents are tragedies that strike hard and without warning, so the Government, like our predecessor, are working hard to make highways safer for everyone. In answer to the noble Viscount, Lord Craigavon, since at least 1997 the UK Government have been strongly pro-cycling. For instance, many cyclist fatalities involve large vehicles, so to make cycling safer in our cities and towns we have recently given councils in England the power to install Trixi mirrors at junctions so that HGV drivers can see more at blind spots.
The noble Lord, Lord Davies of Oldham, raised the issue of visibility and sensors. We are leading discussions at a European level to further improve standards for HGVs to help to reduce accidents caused by poor visibility. We also welcome initiatives such as the Exchanging Places events, at which you can sit in a lorry cab and watch for a police cyclist riding up on the left of the vehicle. This gives you an idea of what the lorry driver can see.
The noble Lord, Lord Davies of Oldham, also asked about side guards on HGVs. Most HGVs already have to have side guards, but the noble Lord will be aware that there are some exemptions, particularly construction vehicles, and they have been disproportionately involved in these tragic accidents. Over time, we should see fewer new vehicles without side guards. New European rules that are currently being phased in are stricter than existing GB rules and should reduce the current fairly long list of exemptions from the fitment of side guards, as well as limit exemptions to vehicles where fitting side guards is difficult or impossible.
We are also considering how to make motorists more aware of the needs of cyclists and are looking at how to incorporate more cyclist awareness in the driver certificate of professional competence for drivers of large vehicles.
The noble Viscount, Lord Craigavon, advised caution on 20 mile per hour speed limits. Reducing traffic speeds can make our roads safer for everyone and make streets more pleasant places for both cyclists and pedestrians. We are supportive of local authorities adopting a 20 mile per hour speed limit, particularly in residential areas, and have relaxed regulations to enable these to be introduced with less bureaucracy. It is for local authorities to determine their suitability for introduction.
We have also committed £11 million per year for the remainder of this Parliament for Bikeability training to help a new generation of cyclists to gain the skills they need to cycle safely. Bikeability is not just for children; it is for adults too, and some local authorities provide free or subsidised training.
My noble friend Lord Glentoran talked about driver testing. We are committed to further improving the safety of young drivers. Young people ought to learn how to handle risks before taking the driving test. We want a driver training and testing system that ensures that learner drivers have the knowledge, skills and, most importantly, the attitude to be safe and responsible on our roads before a full licence is granted and that encourages continued training afterwards.
I am also well aware that your Lordships are very concerned that all users of the highway should abide by traffic laws. Indeed, I have recently answered Oral Questions about cyclists riding on pavements and going through red lights. Cyclists injure other road users less frequently than do motorists. However, it is important for cyclists to comply with road traffic laws for their own and others’ safety and to help to build respect between the different groups of people using our roads. I fully understand the points made by my noble friend Lady Sharples and the noble Lord, Lord Wills. The noble Lord talked about the problem of the underreporting of accidents. It can be difficult to measure cycling accidents, particularly cyclist-only accidents.
The offences of careless and dangerous driving are applicable to drivers of motor vehicles. For cyclists, there is a similar legal framework, including offences of dangerous cycling, careless and inconsiderate cycling, and cycling under the influence of drink or drugs. Noble Lords will be aware that enforcement in relation to cycling offences is an operational matter for the police. They have at their disposal a variety of sanctions, including the use of fixed penalty notices for some offences, such as cycling on the pavement. Fixed penalty notices can be issued to people aged over 16. In answer to the noble Lord, Lord Wills, the most effective deterrent is the probability of sanctions being applied rather than their levels. There is also the problem of some cyclists being ignorant of the law.
The police acknowledge that many cyclists, particularly children and young people, are afraid to cycle on some roads. This is one reason why, at times, they use their discretion and enforce the offence of cycling on the pavement using verbal warnings. Police and crime commissioners, being elected later this year, will set the strategic direction and accountability for local policing. They can represent public concerns, for example about roads policing, and instigate change locally.
Cycling has many benefits, as pointed out by my noble friend Lord Taverne and the noble and learned Lord, Lord Scott of Foscote. Research suggests that for each life lost through a cycling accident, approximately 20 lives will be extended by the health benefits of cycling. As well as the health benefits, cyclists offer other benefits when they replace vehicle trips, and these include reducing carbon emissions, improving air quality, and reducing congestion. My noble friend Lord Taverne has done the House a great service by explaining the benefits so well.
Last September, my colleague Norman Baker chaired the inaugural Cycling Stakeholder Forum. The forum was set up to gather together expert stakeholders who share our goal of increasing cycling. The group is currently looking at the links with health and how to tackle both the real and perceived risks of cycling. I believe that the next meeting is due on 20 March.
The noble Earl, Lord Clancarty, and the noble Lord, Lord Haskel, talked about shared spaces. New guidance to help local authorities to design high-quality shared space schemes was published by the Transport Minister Norman Baker last year. The local transport note on shared space has been developed to assist local authorities that want to put in place well designed shared space schemes. The guidance places particular emphasis on engagement with the local community and on inclusive design, where the needs of a diverse range of people, including people with disabilities, are properly considered at all stages of the development process.
On top of the integrated transport block funding, we are also providing £560 million to local authorities through the local sustainable transport fund to support packages of measures that deliver economic growth and cut carbon: 38 out of the 39 successful bids announced last July included a cycling element. The Government will announce decisions on tranche 2 and large project bids later this year. Last month the Government announced a further £15 million of funding for new cycle infrastructure: £7 million will go to improving facilities at stations for cyclists and £8 million will go to Sustrans to provide better local links by creating new off-road cycle paths or shared-use paths.
My noble friend Lord Glentoran talked about insurance, as did my noble friend Lady Sharples. The Government have no plans to make insurance compulsory for cyclists. We encourage all cyclists to take out some form of insurance, and many do through cycling organisations, such as CTC, which provide it with membership, or through their household insurance. The absence of insurance does not prevent a cyclist from being liable for their actions. The police, and ultimately the courts, will take into account all the circumstances of any incident and judge accordingly.
My noble friend Lord Glentoran mentioned the need for high-visibility clothing. We want to encourage all cyclists to wear high-visibility clothing to help them to stay safe while riding and to make them more conspicuous to other road users. However, to make it a legal requirement would, in certain circumstances, discourage cyclists and many noble Lords have recognised the dangers.
My noble friend Lady Sharples talked about helmets. We want to encourage cyclists, especially children, to wear helmets to protect them if they have a collision. However, we believe that it should be a matter of individual choice, rather than a matter of imposing additional regulations that will be difficult to enforce and, again, could discourage cycling.
The noble Lord, Lord Haskel, and others raised the issue of strict liability. In English civil law, the principle of civil liability in motor insurance is predicated on the establishment of fault. In order to prove fault, it is necessary to prove that the defendant’s actions caused the accident and were either negligent or intentional. We have had the benefit of advice from the noble and learned Lord, Lord Scott of Foscote, which has saved me the effort of straying outside my area of expertise.
Lord Davies of Oldham
I am grateful to the Minister for allowing me to intervene, because I realise the constraints of time. He will know that in Holland and Denmark, which have been cited in this debate, the presumption of responsibility for the accident lies with the powered vehicle. That issue was raised by several noble Lords and I sought to emphasise it, too. Have the Government considered that matter?
Earl Attlee
My Lords, we have considered it, but it would be a little odd to have a completely different legal system just for cycles. There are serious complexities here that in my opinion are insurmountable.
The noble Viscount, Lord Craigavon, talked about advanced stop lines. There appears to be some misunderstanding about the law. It is essential that all motorists read the Highway Code to avoid inadvertently committing an offence and therefore being prosecuted by the police.
If I have missed any vital point, I will of course write to noble Lords. In conclusion, I can assure the House that we are committed both to promoting cycling and to improving road safety for all road users, including cyclists.