Pedicabs (London) Bill [HL]

Debate between Baroness Stowell of Beeston and Lord Davies of Gower

Report stage
Tuesday 30th January 2024 Lords Chamber

[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.

Pedicabs (London) Bill [HL]

Debate between Baroness Stowell of Beeston and Lord Davies of Gower

Monday 11th December 2023 Grand Committee

[Baroness Stowell of Beeston (Con)]

That being the case, is there any instruction, guidance or request that the Government can make of the police in the intervening period to enforce the law around the private use of e-scooters on public roads?

[Lord Davies of Gower (Con)]

It is a matter for the police to administer in terms of any offences that may be caused, but I take my noble friend’s point. I will take her point back to the department.

--- Later in debate ---

[Lord Davies of Gower (Con)]

My Lords, this fourth group covers operational matters. I will now address each amendment in the group.

Amendment 11, in the name of the noble Baroness, Lady Randerson, seeks to probe why existing legislation is not sufficient to cover immigration status and right-to-work checks. The Government’s expectation is that, as in the taxi and private hire vehicle industries, the majority of pedicab drivers will be self-employed. Self-employed individuals are not subject to right-to-work checks undertaken by employers under the Immigration, Asylum and Nationality Act 2006. The Immigration Act 2016 made immigration checks mandatory and embedded safeguards into existing licensing regimes across the UK. In London, this was achieved through amendments to the Metropolitan Public Carriage Act 1869 and the Private Hire Vehicles (London) Act 1998. Clause 2(2) intends to ensure parity between a pedicab licensing regime in London and taxis and private hire vehicles. Its exclusion would create a gap, leading to the sector potentially being exploited by those who intend to work illegally.

Pedicab ranks, which were raised by the noble Baroness, Lady Randerson, will be a matter for Transport for London to identify and establish. With regards to the Hammersmith Bridge issue that she mentioned, I am happy to meet but I suspect that, again, Transport for London will have to decide on that.

Amendments 17 and 18 have been tabled in the names of a number of noble Lords and relate to noise nuisance caused by pedicabs. I will therefore respond to them together, if I may. The Government are very aware of the concerns held by noble Lords and share them. The Government assure the Committee that they are taking this issue seriously and have sought assurance from Transport for London over its policy intentions. Transport for London has confirmed that pedicab regulations would cover the conduct of drivers, including playing loud music and causing disturbances.

Given Transport for London’s clear intention and the scope of Clause 2(6), which confers broad powers on to Transport for London, this would seem sufficient to address noble Lords’ concerns. However, the Government welcome the views shared in the Committee, and noble Lords will be pleased to hear that the question of whether this matter requires specific provision in the Bill remains open.

[Baroness Stowell of Beeston (Con)]

My Lords, I am hugely grateful to my noble friend for what he just said and welcome it very much. In considering whether this should be added to the Bill would he share with us whether, given my concern that noise is not only out of bounds after certain times but an issue 24 hours a day, that is something the Government can also take account of?

[Lord Davies of Gower (Con)]

My noble friend raises a very valid point and something that we will take into account.

Amendment 19, in the names of my noble friends Lord Blencathra and Lord Strathcarron, Amendment 20, in the name of the noble Lord, Lord Liddle, and Amendment 21, in the names of my noble friend Lord Blencathra and the noble Lords, Lord Berkeley, Lord Hunt of Kings Heath and Lord Foster of Bath, all relate to Clause 2(6) of the Bill, so I will address them together.

The matters listed under Clause 2(6) are intended to provide a discretion for Transport for London to determine what is most appropriate in bringing forward pedicab regulations following a consultation. This is not an exhaustive list; it rather provides flexibility for Transport for London. However, the Bill is clear that pedicab regulations could cover matters such as the quality and roadworthiness of pedicabs; safety and insurance requirements; the equipment that must be carried on pedicabs; their appearance or markings; and testing requirements. The Government consider that this gives Transport for London sufficient scope to address issues, such as those covered by these amendments in pedicab regulations.

Amendment 22, in the names of my noble friend Lord Blencathra and the noble Lords, Lord Berkeley, Lord Hunt of Kings Heath and Lord Foster of Bath, seeks to require the batteries in power-assisted pedicabs bear the marking UK conformity assessed or the European equivalent—CE or conformité Européenne. These markings denote conformity with statutory requirements. 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; I will explain why this is the case.

As is the case with all e-cycles and e-scooters, power-assisted pedicabs need to comply with several product safety regulations. These include the Supply of Machinery (Safety) Regulations 2008. These regulations set out essential health and safety requirements for how the product must be designed and constructed.

Power-assisted pedicabs, as a whole product, are regulated under these regulations. These require manufacturers to ensure that pedicabs meet essential health and safety requirements and that the relevant conformity assessment procedure is undertaken. The manufacturer would then affix the UKCA or the CE marking before the product could be sold in the UK. To be sold lawfully on the UK market, power-assisted pedicabs must already have this marking. If they do not, they are in breach of the regulations.

Noble Lords may point to examples of pedicab drivers or operators adapting their power-assisted pedicabs after they have been purchased. Product regulations would not be relevant here; however, I again point to Clause 2(6) of the Bill, which provides scope for TfL to set out the expected standards for pedicabs through the regulations.

Pedicab batteries are not subject to a regime that requires the UKCA marking to be affixed to them, but the Office for Product Safety and Standards is in the process of reviewing the position with regard to these batteries. Once that review has taken place, my friend the Minister in the other place, Minister Hollinrake, will assess what appropriate and targeted action should be taken.

While pedicab batteries are not subject to an independent regime that requires the UKCA marking to be affixed to them, they must comply with the Batteries and Accumulators (Placing on the Market) Regulations 2008. This restricts the substances used in batteries and accumulators and sets out requirements for their environmentally friendly end of life.

Amendment 23, in the name of the noble Baroness, Lady Randerson, seeks to allow Transport for London to place a cap on the total number of pedicabs operating in London. As the Committee is aware, the Bill will regulate the industry for the first time. The introduction of licensing is likely to see a short-term reduction in the number of pedicabs, as drivers exit the industry rather than apply for a licence. Over time, it is likely the industry will find a natural level in response to passenger demand.

The Government’s intention is to support the emergence of a safer, fairer and sustainable pedicab industry. This amendment could undermine the role of competition in that process. Competition benefits consumers by incentivising operators to give value for money to innovate and improve service standards. The existing powers in the Bill, which enable Transport for London to place limitations on pedicab operations under Clause 2(7)—including restricting the number of pedicabs operating in specified places or at specified times—are therefore considered sufficient to manage London’s pedicabs.

Amendment 24 in the name of the noble Lord, Lord Liddle, seeks to prohibit pedicabs being driven in cycle lanes. As I have set out, Transport for London will be able to place limitations on where and when pedicabs can operate, under Clause 2(7) of the Bill. Transport for London has indicated that it will consider prohibiting pedicabs operating on major roads and tunnels, as it does already for cycles, in the interests of public safety. This will be an aspect of Transport for London’s consultation, prior to making pedicab regulations.

Amendment 25 in the name of the noble Lord, Lord Berkeley, proposes to empower the relevant traffic authorities—in this case, Transport for London and London boroughs—to designate pedicab ranks. Amendment 26 in the name of the noble Baroness, Lady Randerson, similarly relates to pedicab ranks, specifically seeking to make provision for Transport for London to designate them.

Transport for London has confirmed that it will give proper consideration to the question of dedicated road space for pedicabs, taking into account the needs of pedicab drivers, passengers and other road users. This approach draws on Transport for London’s significant experience in this area through managing taxi ranks. As I mentioned, proposals brought forward by Transport for London will be subject to a consultation and will likely require collaboration across relevant parties, including London boroughs and industry groups. Amendment 51 in the name of the noble Lord, Lord Berkeley, is consequential to Amendment 25.

Excessive fares can spoil a visitor’s trip to London, leaving a sour taste and affecting London’s reputation as a global hub for tourism. That is why Clause 2(5) of the Bill has been included. It confers powers on Transport for London to determine what fares pedicabs charge, and when and how passengers are informed of fares. Transport for London has been clear that it sees pedicab regulations as a chance to address disproportionate fares, as well as other negative impacts associated with pedicabs.

Regarding fines, Clause 3 sets out the suite of enforcement tools available to Transport for London in bringing forward pedicab regulations. These have been drafted to provide flexibility in the design of an effective regulatory regime. There is also the ultimate sanction, under Clause 2(1)(b) of the Bill, of revoking a licence for rogue pedicab operators or drivers. The Government consider the scope of these enforcement powers sufficient to tackle excessive fare charging.

Illegal Migration Bill

Debate between Baroness Stowell of Beeston and Lord Davies of Gower

Report stage
Wednesday 5th July 2023 Lords Chamber

[Baroness Stowell of Beeston (Con)]

I will finish this point.

[Lord Davies of Gower (Con)]

Will my noble friend please ask the question?