(1 day, 10 hours ago)
Lords Chamber
Baroness Pidgeon (LD)
My Lords, this has been an interesting debate. Many of the amendments seem to be shaped by individuals’ bugbears that they experience a lot on the streets of London. This group of amendments looks to increase penalties for dangerous cycling and raises other issues regarding cycling and scootering which cause danger to others. I welcome some of the amendments; they have raised interesting points.
The Bill sees cycling offences updated and brought in line with driving offences. I will give some context to the debate today. It should be remembered that, according to figures released by the Department for Transport in September, in 2024, 82 pedal cyclists were killed in Great Britain, while 3,822 were reported to be seriously injured and 10,645 slightly injured. Going further, in the latest DfT accredited official statistics, published on 25 September, its pedestrian fact sheet shows that nine pedestrians were killed and 738 seriously injured by one pedal cycle. Let us compare this to the 1,047 pedestrians killed by one car, and the 19,241 seriously injured. Clearly, any death or serious injury on our roads is one too many, but it is important that, as we debate this legislation, we understand the full picture.
We on these Benches support a proportionate and evidence-based approach to updating the law, where any changes do not discourage people from cycling, which we believe is an important mode of sustainable transport. However, as we have heard in this debate, we have seen a rise in fast food deliveries by e-bikes and e-scooters, and in micromobility sharing schemes. They have become like an explosion across our cities. Time is literally money for all of these riders—those delivering food are being paid per minute to use these bikes or scooters. Therefore, riders take risks. They break the Highway Code, moving at high speeds across pavements and roads, as we have heard, putting themselves and others at risk. We want to see an end to this danger on our roads.
I am intrigued by the discussion on the e-scooter trials, which have gone on a long time. Let us be clear: they were extended five times by the previous Government. They started in 2020 and have now been extended to May 2028. It is clear that this has been going on under two different parties in government.
The amendments tabled by the noble Lord, Lord Lucas, look to tackle the issue of dangerous cycling through the disqualification of a person from cycling. While at first glance this may appeal, in reality it would pose significant challenges with regard to enforcement, as cyclists, as we have heard, do not require licences. It is very unlikely that a person disqualified from cycling who decides to ignore that disqualification would be caught and convicted.
Logically, the only potential way to address this would be to introduce a licensing system for cyclists, as the noble Lord, Lord Hogan-Howe, proposes in Amendment 346A, where he has set out his thinking in detail. However, that is likely to be complicated, costly and disproportionate. In contrast, the noble Lord’s other amendments—seeking to add 12 points to a person’s driving licence for dangerous, careless or inconsiderate cycling that causes serious injury or death—seem more sensible and a reasonable way forward, which would give a greater range of options for the judge in such cases. We agree that this would be far more manageable than trying to bring in a national licensing scheme for all cyclists and cycles. Given that 84% of people aged 18 years or over who cycle hold a driving licence, according to the latest Cycling UK report, this could be an effective penalty.
Amendment 337F, from the noble Lord, Lord Blencathra, looks to define a “cycle” as including a pedal cycle, an e-bike and an electric scooter. Given the rise in different types of micromobility, we believe that this is a reasonable amendment to try to cover all types of cycles that can cause injury, as they may otherwise fall through a loophole.
Amendment 346B, from the noble Lord, Lord Hogan-Howe, seeking to clarify the definition of e-bikes and motorbikes, looks reasonable—certainly on an initial reading—but we would like to hear the Minister’s thoughts on it. Are there any practical reasons that could make this difficult? We have sympathy with its aims, but we look forward to hearing the Government’s response.
The other amendments in this group are clearly looking to tighten up further the law on dangerous, careless and inconsiderate cycling. Some, such as Amendment 341, from the noble Baroness, Lady McIntosh, look to change the penalties for causing death by dangerous cycling. We do not believe that these amendments are needed and we do not support them. However, it is important that road traffic law is enforced with equal vigour for cyclists and all road users, to secure everyone’s safety. One of the challenges not covered in the Bill or in our discussions today—it is the elephant in the room—is the limited number of road traffic police officers across the country and the clear need to invest in this part of the police workforce.
I look forward to hearing the Minister’s response to the many important points that have been raised by noble Lords today, to see how we can ensure that our streets are safer for all road users.
Lord Cameron of Lochiel (Con)
My Lords, I thank all noble Lords who have spoken to this important group of amendments.
Like the noble Baroness, Lady Pidgeon, I believe that the data provides an important context to this area. In 2023, there were four pedestrian fatalities and 185 serious injuries where a pedestrian was hit by a cyclist. Over the past decade, the average number of pedestrians killed annually by a cyclist has been three per year. On the roads more widely, in 2023, there were 87 pedal cyclist fatalities in Great Britain, with almost 4,000 people seriously injured and a further 10,000 classed as slightly injured. The most recent data from 2024 shows that fatalities from pedal cycles fell to 82 but serious injuries remained significant, even as overall pedal cycle traffic increased.
Moreover, as the Government recognise, the current maximum penalties for dangerous or careless cycling—a fine of up to £2,500 for dangerous cycling or £1,000 for careless cycling—are plainly inadequate to reflect the severity of incidents that result in serious injury or death. I therefore welcome that the Bill introduces the new offences of causing death by dangerous cycling, punishable with up to life imprisonment, and of causing serious injury by dangerous cycling, punishable with up to 5 years’ imprisonment. Those are severe sentences, but rightly so. In my view, they are reasonable and proportionate measures.
My noble friend Lady McIntosh spoke to her Amendment 341, which would remove the life sentence from the causing-death offence and replace it with 14 years’ imprisonment. With all due respect to her, I believe that, on this occasion, the Government have got the maximum penalty right. The penalties for the new cycling offences exactly mirror the penalties for causing death or serious injury by dangerous driving in the Road Traffic Offenders Act 1988. Causing death by dangerous cycling is just as serious as causing death by dangerous driving. As such, it is entirely appropriate for the punishments to be the same. However, we must do more.
While cyclists are required to abide by the Highway Code and other relevant traffic legislation, we know that far too many do not. We have heard many descriptions from across your Lordships’ House this evening of the conduct of cyclists in London and elsewhere. One only has to walk down Whitehall and over Lambeth Bridge to witness the appalling conduct of a number of cyclists. We heard from my noble friend Lady McIntosh about her own experience, from the noble Lord, Lord Russell of Liverpool, and from my noble friend Lady Neville-Rolfe.
All too often, cyclists jump red lights, and they fail to stop at pedestrian crossings. While we rightly take injuries and death caused by cycling very seriously, the far greater problem is the general nuisance caused by cyclists who do not abide by the rules of the road. We currently hold drivers to a far higher standard than we do cyclists, and, quite frankly, enforcement needs to catch up.
This is even truer with regard to electric cycles. My Amendment 346 would create a new offence of altering the maximum speed and the rate of acceleration of an electric bike. Currently, as the noble Lord, Lord Hogan-Howe, referred to, an electrically assisted pedal cycle is defined by 2015 regulations as being a bike with a maximum speed of 15.5 miles per hour and having an electric motor not exceeding 250 watts of continuously rated power output. Any bike with a maximum speed above that should be classed as a motorbike for the purposes of road traffic policing. In this regard, I agree entirely with Amendments 337F and 346B tabled by my noble friend Lord Blencathra and the noble Lord, Lord Hogan-Howe, respectively. The Bill as drafted focuses on cycles but does not explicitly include electrically assisted pedal bikes—e-bikes—or e-scooters. That legal ambiguity could quickly be exploited. Amendment 337F seeks to ensure that there is no loophole. Amendment 346B in the name of noble Lord, Lord Hogan-Howe, seeks to make absolutely clear that where an electric bike is capable of exceeding 15.5 miles per hour, it should be treated as a moped or motorbike for policing purposes.
These amendments complement the new offence that I am proposing through my amendment. By placing penalties and sanctions on those who might try to modify their electric bikes to increase the speed above the limit, we give the police the necessary enforcement powers to prevent anti-social and reckless cycling that places pedestrians in harm’s way. Many modern e-bikes are heavy, fast and capable of inflicting severe harm, especially if ridden irresponsibly on pavements or in pedestrian zones. To treat such vehicles as equivalent to push bikes would be to ignore both the mechanics and the risks.
On Amendment 337E, I wholeheartedly agree with my noble friend Lord Blencathra. Pavements are designated for pedestrians. Cyclists riding on pavements or in pedestrian-only areas pose a clear danger to the most vulnerable. By making it explicit that cycling on a pavement or in another pedestrian-only area counts as
“cycling without due care and attention”,
the amendment eliminates the ambiguity that currently hampers consistent enforcement. It is another aspect of a cyclist’s behaviour that should not occur but is all too often the norm. It reflects a simple principle of equity. Where a pedestrian is hit by a vehicle on the road, the driver of such a vehicle may be prosecuted for careless or dangerous driving. A pedestrian hit by a cyclist on the pavement deserves to be treated with no less seriousness.
I also support the amendments in the name of the noble Lord, Lord Hogan-Howe, relating to putting penalty points on driving licences for serious offences. That recognises the true severity of such offences. Misconduct on a bike should impact the standing of those with driving licences, especially where the behaviour demonstrates a disregard for road and pedestrian safety. On all these amendments, I look forward to hearing the Minister’s response.
(1 day, 10 hours ago)
Lords ChamberI am grateful to have a short debate—not so much on Clause 106, which I welcome and congratulate the Government on bringing forward, but rather more on what is not in Clause 106. I am delighted to have my Private Member’s Bill still before the House, so it may yet be adopted before the end of the parliamentary Session. I know that my right honourable friend Iain Duncan Smith took some parts of it and ran with it in a previous Bill—I think it was criminal justice—now an Act.
There are two aspects omitted which concern me, and which we touched on. I will not go into great length, but I just want to float them before the Minister and the Committee this evening. One is the question of insurance. The Motor Insurers’ Bureau was first established in 1946 to compensate victims of accidents involving uninsured hit and run drivers under agreements with the Department for Transport. It aims to reduce the level and impact of uninsured driving in the UK, which is something we all commend and support.
Since 2019, the Motor Insurers’ Bureau responsibilities have also included compensating victims for Road Traffic Act liabilities arising from the use of a motor vehicle in an act of terrorism, whether or not the vehicle is insured. So, obviously, the funding to the MIB is quite considerable. The levy is set at £530 million for this year and it handles something like 25,000 claims every year.
What is really missing here is the insurance link. The department has brought forward, rightly, in Clause 106 offences which have been missing. Two of them, as I mentioned earlier, are the first two clauses of my Private Member’s Bill—so far so good. But then it goes rapidly downhill. If you are going to create these offences and these liabilities where someone cycling a pedal bike or an e-bike or driving an e-scooter causes death or injury by dangerous cycling and other forms of cycling—death by careless or inconsiderate cycling as well as dangerous cycling—the corollary must surely be that insurance cover must legally follow. That is what is missing from the Bill at the moment.
I have tried to plug that gap, and I think another noble Lord earlier also mentioned that they had tried to come forward with provisions in that regard. Obviously, the department is in the best position to do this. The Minister is doing a great job on the Bill and is listening to all sides of the Committee very carefully and considerably. That is greatly appreciated.
Before the Bill leaves Committee—I would like to bring this back on Report—I would like to leave it to the Minister’s good offices to plug that gap. The corollary of creating these motor offences is that there must be some form of compensation for the victims concerned. I do not see why I, as a motorist—unfortunately, I do not cycle any more; it is a question of balance, not a lack of good will—should have to pick up the compensation claims for those who have been injured in this way.
I touched earlier on the second point I want to raise, but I have now remembered the relevant Bill. Micromobility is also being dealt with in a small part of—I hope I have not forgotten it again. There are so many Bills coming through: you wait for one and 27 come along at once. It is the English Devolution and Community Empowerment Bill—not the most obvious place to have a chapter on micromobility.
This is the second request I have of the Minister this evening and, if he is not prepared to, I stand prepared to do it. There was an earlier amendment that did not go as far as the clause in my Private Member’s Bill. I would like to help the Minister. I know that, were we in the other place together, as we were once, he might find this a cynical approach, but I genuinely would like to help the Minister.
The definition that I propose is that which I have set out in my Private Member’s Bill, and I am grateful to the clerks for helping me draft it. I know your Lordships will all want to go away to read it, so I should say that it is the Road Traffic Offences (Cycling) Bill. I am prepared to answer any questions on it, at any stage.
I propose the following definition:
“a pedal cycle … an electrically assisted pedal cycle … a mechanically propelled personal transporter, including … an electric scooter, …. a self-balancing personal transporter (including a self-balancing scooter, self-balancing board or electric unicycle), and … any other mechanically propelled personal transporter provided for by the Secretary of State in regulations made under this section”.
The clause concludes by saying that, for the purposes of this subsection,
“mechanically propelled personal transporters are to be defined in regulations made by the Secretary of State under this section”.
I am very grateful to the clerks for coming up with that form of words.
The point I am trying to make is that we have two departments involved here: the Home Office for the purpose of the Bill before us this evening, and the Department for Transport in a Bill which is not its Bill but the English devolution Bill. I hope the Minister will agree that, for both Bills, we need a definition of these pedal bicycles or other such, and micromobility vehicles. I hope that he might come forward with a form of words in this regard and bring the two departments together, so that we are all on the same page for the purposes of this Bill and the English devolution Bill.
Baroness Pidgeon (LD)
My Lords, this clause stand part notice seeks to remove the clause that creates the new offences of dangerous, careless or inconsiderate cycling. I now understand why: it is to raise the issue of insurance and the noble Baroness’s Private Member’s Bill, which was raised and discussed in an earlier group today.
If we look at the figures from Cycling UK, we see that the proportion of cycling trips has returned to pre-pandemic levels. Some 41% of those aged five or above have access to or own a bike. We are looking at around 22% of people over five cycling more than once or twice a month, so it is a really important mode of transport. It is important for people to be able to get around, but we need to make sure that people who cycle are able to do so safely through good infrastructure and that they are considerate, obey the Highway Code and cycle in a safe and considerate way.
As I raised earlier, given that in the period 2020-2024, nine pedestrians were killed and 738 were seriously injured in incidents involving a pedal cycle, it is important that the law is up to date and provides the necessary penalties for such actions. Therefore, on these Benches we do not support the removal of the clause.
My Lords, to make a counterargument, I absolutely understand my noble friend’s concerns, but the fact of the matter is that if the police want to stop someone, they can.
Baroness Pidgeon (LD)
My Lords, this group of amendments looks at illegal vehicles on our streets, enforcement and guidance. Amendment 345 from the noble Lord, Lord Lucas, seeks guidance on enforcement in respect of illegal vehicles. However, having looked into this, my understanding is that a range of powers exists to enable the police to deal with these offences. The College of Policing already produces authorised professional practice on roads policing that sets out the existing powers and their operational application in detail. We therefore do not think the amendment is needed.
Amendments 350 and 356G, in the names of the noble Baroness, Lady Hayter of Kentish Town, and the noble Lord, Lord Hampton, on drink-driving, are very important. The first, as we heard, seeks to reduce the drink-driving limit so that it is in line with most other countries. The second is about alcohol ignition interlocks, which are in use in many jurisdictions.
As we have heard, drink-driving remains a major but preventable cause of death and serious injury on our streets. Reducing the drink-drive limit is one step in trying to tackle that, but it would need to go hand in hand with a publicity and enforcement campaign for maximum effect. When I was younger and learning to drive, it was absolutely drummed into us that we never went out and drank and drove. One person would be the designated driver, or we would use public transport or a taxi, or we would persuade someone’s parents to come and pick us up. This message needs to be amplified—as well as for drug-driving, which I have raised in this Chamber before, and which seems to be a growing trend. This needs to come as a package.
Alcolocks, which we have discussed, are an important development in trying to reduce drink-driving and people reoffending. It is a simple breathalyser linked to your ignition, which means that, if you are over the limit, you simply cannot start your vehicle. There was a drop-in, only a couple of weeks ago, in Portcullis House in which this was all demonstrated to us, and I thought it was a fantastic invention. As we have heard, it is already used in many EU countries, New Zealand, Australia and the United States. Given that around 260 people are killed in drink-driving collisions every year, and that drink-driving accounts for around 16% of all UK road deaths, this is an important yet simple development that has been shown to work successfully and to reduce repeat offending internationally. Why would we not want to bring it in here? We fully support this amendment and hope that the Government will respond positively. I note that a Minister from the other place also came to the drop-in, so I hope that the Government might be moving in that area.
On the amendment from the noble Earl, Lord Attlee, I agree with the noble Baroness, Lady Coffey, that, without suspicion, having random breath tests is not proportionate. Therefore, we on these Benches do not support it.
Amendment 416C, from the noble Lord, Lord Bailey, highlights a potential loophole, which he outlined; it is interesting to consider given that technology has moved forward. Amendment 416B, from the noble Baroness, Lady Hayter, makes a strong point about uninsured vehicles. I look forward to hearing the Government’s response to these and the other issues raised in this group.
My Lords, the amendments in this group consider a highly important issue that requires the utmost consideration, so I thank noble Lords who have contributed thus far.
We support the idea behind my noble friend Lord Lucas’s Amendment 345 that guidance, and a pilot based on that guidance, is a viable approach to stemming the proliferation of illegal vehicles and criminal offences by the drivers of those vehicles on our roads. A measure such as this is all the more urgent following the report published this week by the All-Party Parliamentary Group for Transport Safety, which laid bare the scale of criminality plaguing our roads. As many as one in 15 vehicles may carry modified and ghost number plates to evade ANPR detection. These modified vehicles, guilty of a crime in and of themselves, are then being used to bypass surveillance and undertake activities such as black market trading, drug dealing and organised crime.
Over 34,000 suppliers are registered with the DVLA to produce UK number plates, many of which are private and unregulated. A consultation and pilot should be the bare minimum. The APPG report has issued recommendations, but a more general consultation would be able to cover different types of road crime. Can the Minister confirm that the Government have acknowledged this report and are considering wider measures to deal with illegal vehicles and criminal activity on our roads?
I take much the same approach to Amendment 416B, in the names of the noble Baroness, Lady Hayter of Kentish Town, and my noble friend Lord Ashcombe, and Amendment 416C, in the name of my noble friend Lord Bailey of Paddington. Both measures aim to reduce crime on our roads by increasing police powers. I am not sure whether there is a power already under Section 165 of the Road Traffic Act 1988 for police to take possession of uninsured vehicles on the road; I stand to be corrected on that.
I support the principle behind the two amendments, particularly Amendment 416C, which closes an obvious gap in the law that has emerged as technology has developed. That said, simply increasing the powers of our police is meaningless if there is not the manpower to use those powers. New powers are welcome, but they should come with effective enforcement.
I am not opposed to the principle behind Amendment 350, in the names of the noble Baronesses, Lady Hayter of Kentish Town and Lady Finlay of Llandaff. Both Houses, when legislating on matters concerning public safety, as the amendment does, should err on the side of safety. It is the same reason why we are not opposed in principle to the Government’s announcement of their intention to reduce the drink-driving limit per 100 millilitres of breath.
(1 month, 1 week ago)
Lords Chamber
Baroness Pidgeon (LD)
My Lords, I want to put on record, on behalf of the Liberal Democrat Benches, that our thoughts are with all those affected by this terrible incident: the staff, the victims, friends and families, and those who witnessed this attack—an attack that left 11 people in hospital, and many haunted by what they saw. I also thank the courageous work of the LNER staff, the Network Rail signallers and controllers, and the emergency services, and the heroic acts of some of the passengers that we have been hearing about.
Staff prepare for major incidents routinely, but they rarely have to put this into practice. The calmness and professionalism have shone through this gruesome attack, and the goodness of the public too. It would be very easy to jump to conclusions at this point, using this horrific incident to feed our own policy positions. I believe that is wrong. It is for the police and key partners to piece together what happened on the train and elsewhere, to review whether this could have been prevented and to learn from it. It is always easy from the outside to point the finger of blame, but we know how stretched all our emergency services are, including policing—and indeed mental health. The police and other services need time to establish all the facts and clearly there is an ongoing legal process.
I would therefore like to ask the Minister a few practical questions. For example, what measures have been taken to reassure rail passengers and staff across the network following this incident? Will the Department for Transport look to review security protocols on high-speed and intercity routes, particularly considering the confined environment in which this attack occurred? How will the Government ensure that any proposed measures to improve public transport security are proportionate? Finally, last autumn, when we debated the Passenger Railway Services (Public Ownership) Bill, I flagged my concern about the future funding of the British Transport Police, resourced in large part by the train operating companies. The BTP does such a superb job working with our other police services across the country.
I ask the Minister to confirm that resources for the British Transport Police will now be reviewed and how the service will be funded fully going forward. I look forward to the Minister’s response with interest.
My Lords, I endorse everything that has just been said by the noble Baroness from the Liberal Democrats—
(3 months, 1 week ago)
Lords Chamber
Baroness Pidgeon
To ask His Majesty’s Government what action they are taking to address nitrous oxide misuse among drivers in urban areas.
Under the Road Traffic Act 1988, an individual is guilty of an offence if their ability to drive is being impaired by drink or drugs. The Government take road safety extremely seriously and are committed to reducing the numbers of those killed or injured on our roads. A number of police operations have focused on enforcement of the Road Traffic Act 1988.
Baroness Pidgeon (LD)
I thank the Minister for his Answer, but given the serious increase in this apparent trend of inhaling nitrous oxide through balloons while driving and the deadly danger this presents on our roads, what assessment have the Government made regarding additional powers and tools that may be needed to help detect and deter such drug-impaired driving?
The noble Baroness raises an extremely important point. From the Department for Transport’s perspective, rather than that of the Home Office, which I answer for, there is currently development of a further road strategy. As part of that, the Government are considering a range of policies relating to motoring offences, such as drink-driving and drug-driving, and other matters of concern that have been raised. That strategy will be before Parliament and this House in an appropriate time.
(10 months ago)
Lords ChamberMy colleagues in the Department for Transport have already made it illegal to use e-scooters in public places. There are 17 current pilots to examine how e-scooters can be used, and they are being evaluated currently. The police and others can issue fixed penalty notices. The noble Baroness’s Bill has been discussed previously, and there are several ideas in there which are worthy of consideration. However, the Government’s first priority in the crime and policing Bill is to make sure that where those bikes are now being used illegally, they can be seized without any warning by the police. If this House and the House of Commons pass that legislation before the end of this year, those bikes will be seized by police.
Baroness Pidgeon (LD)
My Lords, this situation is not sustainable. Research carried out by the Parliamentary Advisory Council for Transport Safety shows that e-scooter riders are more likely to fall forward in the event of a collision and therefore are more likely to suffer a head injury and serious consequences. Will the Minister push for new regulations to ensure the safety of private e-scooters separate from the public trials?