Pedicabs (London) Bill [HL]

Debate between Baroness Stowell of Beeston and Baroness Randerson

Monday 11th December 2023 Grand Committee

[Baroness Randerson (LD)]

My Lords, Amendment 11 is in my name. I want to preface my remarks by making it absolutely clear that I am in no way arguing that people who are not legal immigrants should be able to ply this trade. I am simply surprised to see this statement in the legislation, because it is unusual to have something saying that nobody who has not been legally accepted as an immigrant can do this work. This is the type of statement where, when it is put forward in an amendment by the Opposition, the Government reject that provision because they say that it is already adequately stated in other legislation, therefore there is no need to say it again. Their argument goes along these lines: if we included a statement such as this, it would bring forward questions about other conditions that need to be included, and which we all take for granted in relation to a particular occupation, as well as similar issues that are not being restated in the legislation. However, all legislation takes into account previous legislation and what exists as conditions stated in that legislation.

Let us look at the Government’s reasoning in this. They appear to say that there is a prevalence of illegal immigrants involved in this occupation. I fear that that is simply a result of the fact that it has gone unregulated for more than two decades; as a result, it has been a free-for-all. When it comes under much-needed and long-overdue regulation, it will be treated in the same way as we treat taxi drivers: they have to be a fit and proper person; they have to be legally allowed to work; they must have no criminal convictions of a designated type; and they must have a driving licence. I do not understand why we cannot just take that approach here.

If the Minister thinks that it is necessary to have this subsection, as I am sure he will say, can he tell us whether it will become a standard provision in all legislation that involves people’s professions and occupations? Whatever we look at—whether it is teaching or medicine, for example—will we start off by saying, “No one who isn’t a legal immigrant can do this job”? Otherwise, I do not understand why we are saying it here.

The other amendments in my name in this group include Amendment 17, which has cross-party support—I am very grateful for that—and stresses the importance of regulations on noise; Amendment 18 in the name of the noble Lord, Lord Blencathra, is similar. The evidence is that complaints about noise from pedicabs have become increasingly frequent since the pandemic. Basically, what has happened is this: during the pandemic, in this industry—as in so many—there was a crisis and there is increasing competition between pedicab operators. The way they draw attention to and advertise themselves is noise. In fact, noise is the No. 1 complaint of local residents, as opposed to that of the people who take pedicabs. They appear to be immune to it; otherwise, they would not choose the one making it, I suppose. This issue desperately needs some attention. Can the Minister assure us that the regulations will cover noise?

My Amendment 23 relates to the need for a cap on the numbers of pedicabs—I know that local residents think that this is also a good idea. As competition has got fiercer, the numbers of pedicabs operating from inappropriate positions have become an increasing problem. Throughout the UK, it is common for there to be a regulation on the numbers of taxis given permission to operate; the same approach would seem sensible for pedicabs.

Finally, Amendment 26 suggests that the regulations must also cover the issue of cab ranks. Once again, the theme here is the convenience of local residents and their peace and quiet. Because there is noise and so on, the ranks are very intrusive. We have cab ranks for taxis, so there should also be appropriately designated places for pedicabs.

I will make a special plea. The problems associated with the closure of Hammersmith Bridge, which have gone on for years, are very serious for local residents. Let us turn a negative into a positive: pedicabs offer an opportunity for local residents to hire one to cross the bridge, which would be really useful. The local MP, Sarah Olney, has been running a campaign to encourage the Department for Transport to consider this and to designate cab ranks on either side of the bridge to enable that to happen. My simple request is for the Minister to agree to meet me and the local MP to discuss this issue and its appropriateness. I would be grateful for his consideration of that.

[Baroness Stowell of Beeston (Con)]

My Lords, I have added my name to Amendments 17 and 18, in the names of the noble Baroness, Lady Randerson, and my noble friend Lord Blencathra, both of which relate to noise. I add that I am sympathetic to the noble Baroness’s Amendment 26 and the points she raised about cab ranks—I do not mean those to do with Hammersmith Bridge specifically. She makes an interesting argument about the provision for ranks for pedicabs.

As I said on the other group, I am grateful to my noble friend for his letter to all Peers. In Transport for London’s note, which was attached to his letter, it was encouraging to see that it proposes to introduce regulations that will cover, as part of the conduct of drivers, the playing of loud music and causing a disturbance. As I said at Second Reading, the loud music played and amplified by pedicabs is the greatest concern that gets raised by business owners and residents—the noble Baroness, Lady Randerson, is right about that.

I was a little concerned that, in the note TfL prepared, it suggests that some noise offences are already covered by existing legislation. When I read this, I thought that, in that case, either the existing laws are inadequate, or—to return to enforcement—the enforcement of them is not good enough. I acknowledge that, in his letter, my noble friend pointed out that Westminster City Council and the Metropolitan Police have issued penalty notices that have raised around £30,000 in fines over the last two years.

However, I am concerned that the focus on noise will be about night-time noise. It is not only at night that pedicabs and the playing of loud, amplified noise is a problem; it is a serious problem during the day as well. In my noble friend’s opening speech at Second Reading, he referred to the problem of

“blasting loud music at all hours of the night”.—[Official Report, 22/11/23; col. 768.]

In his closing remarks, he referred to the fines issued by the Metropolitan Police or Westminster City Council, saying specifically that these were for the playing of music “after 9 pm”.

One of the reasons I am keen to see noise added to the relevant clause in the Bill is that noise and the playing and loud amplification of music is the most significant concern that people have about pedicabs, as I said at Second Reading. I am also concerned to ensure that TfL will take an approach that ensures that the loud amplification of music will not be allowed at all hours, not just after 9 pm. I would be grateful for my noble friend’s response to that.

Aviation: Sustainable Fuel

Debate between Baroness Stowell of Beeston and Baroness Randerson

Tuesday 22nd March 2016 Lords Chamber

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, I am sorry to interrupt. It is actually the turn of the Liberal Democrats, as we have not heard from them yet on this Question.

[Baroness Randerson]

Does the Minister accept that we need to work with international partners in order to develop the use of sustainable aviation fuels? Does he accept the importance of the European Union as one of our international partners, so it is important for us to remain a member of the European Union?

Northern Ireland

Debate between Baroness Stowell of Beeston and Baroness Randerson

Tuesday 16th July 2013 Lords Chamber

[Baroness Randerson]

I thank the noble Lord for his comments, and particularly welcome his condemnation of the violence and the stress he laid on the importance of respect in the situation in which Northern Ireland finds itself. I also thank him for his support for those so closely involved in controlling the violence. They have had a very difficult job in the past few days.

The noble Lord asked a number of questions. Seventy-one police have been injured and we believe that six have been hospitalised, of whom two were police serving under the mutual aid scheme. There were more than 1,000 mutual aid officers in Northern Ireland at the weekend and yesterday.

The noble Lord asked about the cost of the problem and who bears it. This is where the real tragedy lies financially, because the Department of Justice in Northern Ireland bears that cost. That puts even greater stress and pressure on the police budget. The economic implications are very serious because of the impact it has on Northern Ireland, but it has immediately a massive financial impact on the Department of Justice.

The noble Lord asked about paramilitary involvement. That is something that will be very carefully investigated. He also asked about the Secretary of State’s discussions. She has had a whole range of conversations and meetings, both prior to and over the weekend. She was, of course, in Northern Ireland throughout this period. She is very supportive of the work that will be done by Richard Haass and the work that is being done by the Executive, the First Minister and Deputy First Minister, to bring a more peaceful situation back into play.

[Baroness Stowell of Beeston]

My Lords, before the clerk starts the Clock, in the interests of all noble Lords with an interest in this matter, may I remind the House that the Companion guides us that all Statements are an opportunity for brief questions only?

Protection of Freedoms Bill

Debate between Baroness Stowell of Beeston and Baroness Randerson

Tuesday 13th December 2011 Grand Committee

[Baroness Stowell of Beeston]

My Lords, I shall start by picking up where the noble Lord, Lord Tunnicliffe, left off, and by making the point that there is a lot of support for CCTV in this country. As my noble friend has already made clear today, the Government are certainly not in any way trying to restrict the use of CCTV through the introduction of this Bill. We are trying to introduce a code so that the use of CCTV is clear, and that where it is used the public have clarity in their understanding of its purpose.

I shall address, first, my noble friend’s Amendment 107, which proposes extending the code to all public bodies in receipt of money provided by Parliament. Given the incremental approach that we are adopting, we are not persuaded that the duty to have regard to the code should apply more widely than to local authorities and the police from the outset. All operators of public space CCTV are subject to the requirements of the Data Protection Act. We see local authorities and the police as the operators of publicly owned CCTV systems in public space, and as the bodies who are well placed to set the example for standards of operation. They frequently work in partnership with other CCTV operators and we see their behaviour as a powerful driver for positive change elsewhere.

To place a duty to have regard to the code on every publicly funded body from the outset would be premature. We should see how the code beds in and, drawing on the advice from the Surveillance Camera Commissioner, consider in due course whether the duty should be extended and, if so, to which bodies. Clause 33 contains a provision to enable the duty to have regard to the code of practice to be extended to other bodies by means of secondary legislation, so we do not need to settle this question now. We will not hesitate to make use of this provision if we deem it necessary and beneficial. Any order made to this end will be subject to the affirmative resolution procedure, and so will need to be debated and approved by both Houses.

At this point, I should refer to the question asked by my noble friend Lord Phillips about the period of review of the code. Subject to any further advice that I receive, I refer him to Clause 35, which refers to reports by the commissioner. Subsection (2)(b) makes it clear that the commissioner will be required to report every 12 months. On that basis, I suspect that any advice or proposals that he might want to make about the extension of the code would therefore be covered in his reports.

I turn now to my noble friend’s Amendment 109, which refers explicitly to educational establishments—schools, colleges and universities. I accept that the use of CCTV in schools and colleges is a potentially emotive issue for a variety of reasons. Some of the examples that my noble friend outlined certainly illustrate that point most clearly. As with any other establishment, we would expect any decision to install CCTV in an educational establishment to be very carefully considered, and the reasons for so doing tightly defined. The new code is intended to assist with these considerations. While we are not proposing that schools be covered by the code at the outset, it is there for all organisations that wish to install CCTV to use and be guided by in determining the purpose of that CCTV, precisely as the noble Baroness says. It is very important that, if a school introduces cameras, it should be clear about why it is choosing to do that.

The public consultation that we carried out earlier this year received over 100 responses, which are available on the Home Office website. Analysis of the responses received found that comments on the use of CCTV in schools were minimal. While there were some respondents who argued that the code should be made mandatory for all operators, none put forward a specific case for compliance with the code to be made mandatory for schools. Similarly, in relation to the amendment of my noble friend Lady Randerson regarding higher education institutions, there were no calls in the public consultation relating to universities or further education colleges and there are no specific concerns that we are aware of.

I assure your Lordships that the detail of the code will be developed in consultation with interested parties and, as part of that dialogue, we will consider whether any issues associated with surveillance camera systems within schools or healthcare settings require specific reference within it. When using CCTV on their premises, schools, colleges, universities and indeed all public bodies—including government departments—must adhere to the requirements in the Data Protection Act. Noble Lords will be well aware of the existing powers of the Information Commissioner to enforce compliance through a regulatory action policy.

There are therefore already safeguards in place for the privacy of students and the wider public. We trust the proprietors of schools, colleges and universities and their heads of institution to comply with those requirements, and for schools, where appropriate, to consult with parents on any deployment of CCTV.

I hope that by giving the assurance that we recognise the importance and value of CCTV; by outlining that the introduction of the code is to provide some clarity in terms of its use; and by explaining that there is an option to extend the code beyond the relevant authorities outlined already in the Bill but that we will not do so prematurely, I have addressed all the points that have been raised by noble Lords in the debate today. I hope my noble friend will feel able to withdraw her amendment.

[Baroness Randerson]

I thank my noble friend for that answer. I realise that every organisation concerned is subject to the Data Protection Act, but the point about the code is that one prevents the kind of problems to which I referred; one prevents breaches of the Data Protection Act by encouraging public bodies to follow good practice, behaviour and procedures.

I ask the Minister to give further consideration to the issue of schools and educational institutions. She referred to the lack of response in the consultation on the issues associated with schools, but perhaps the Government may consider that in many people’s minds when they talk about local authorities, they encompass schools as well. However, in the modern world that is less and less so.

It is clear from the legislation that the Government are not including schools at this stage but I would ask them to give further consideration to the matter. I beg leave to withdraw the amendment.