Debates between Lord Blencathra and Lord Bradshaw during the 2019-2024 Parliament

Tue 6th Feb 2024
Mon 21st Jun 2021
Environment Bill
Lords Chamber

Committee stage & Committee stage

Automated Vehicles Bill [HL]

Debate between Lord Blencathra and Lord Bradshaw
Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, I support all the amendments in the name of my noble friend Lord Holmes of Richmond on disabled access, except Amendment 8. I should say that I added my name to the amendments, but belatedly. I think my name is on them in the online list but not in the printed listed today.

I say to the noble Baroness, Lady Brinton, that I think my disabled access Bill is number 14 or 15 in the Private Members’ ballot yet again. It is a simple little measure that says that if a step is less than 12 inches, it should have a ramp for disabled access. Of course, it will not get anywhere; the equality department will block it, as it has blocked it every single time, because it no longer gives a damn about disabled people.

On automated vehicles generally, I am afraid that I trust no one on their safety—not the manufacturers and not the Department for Transport. The only person I trust on them is Jeremy Clarkson. I remember when he said to the chief of Audi, who was boasting about his new automated vehicle, “If you sit in the back, let your vehicle drive the Bolivian highway of death and come out the other side, then I’ll buy one”. That is my view on automated vehicles.

However, my concern today is about automated vehicles for hire as cabs. I have never used Uber in my life. I believe it is a disreputable company which does not pay its drivers properly. Its untrained drivers do not have a clue where they are going, and, if I may say so carefully, many seem to be recent arrivals in this country; they cannot find their way to the end of the street without a satnav, and then they stop wherever the satnav tells them to stop or pick up, such as on zebra crossings or in the middle of the road—the dropped kerb that wheelchair users use is one of their favourites. My main concern is that if black cabs in London, or converted Peugeots or Fiat Doblòs in the rest of the country, are wiped out by Uber’s Toyota Priuses, we in wheelchairs will never get a cab again. I do not rate Uber Access as credible if you want to hire a car this decade.

Has my noble friend the Minister heard of the Disabled Persons Transport Advisory Committee? It is part of his department. I have in my hand a piece of paper produced by the department. It says that taxi services must be fully accessible for all disabled persons. It calls for WAVs—wheelchair accessible vehicles—for all, and commends London cabs, 100% of which are wheelchair accessible. It goes on to say that, in the country as a whole, only 58% of taxies are wheelchair accessible vehicles, as are only 2% of private hire vehicles. I shall quote verbatim one paragraph from the department’s wheelchair accessible committee:

“Concerningly, the situation seems to be deteriorating. The launch of Uber and other app-based systems for booking PHVs has resulted in an increase of over 4% in the number of licensed vehicles. But they are nearly all PHVs and, in London, there has been a reduction in the number of licensed taxis which has resulted in an overall fall in the number of WAVs on the road”.


That is what will happen throughout the country if the Government permit all automated vehicles to become PHVs or taxis without building in a wheelchair accessible requirement.

Just look at the chaos in California and San Francisco in particular. Have noble Lords seen on the news a single wheelchair accessible cab there among the thousands of lovely dinky cars, such as Ford Focuses and Toyota Priuses? The Prius and the Focus are marvellous little town cars—great runabouts—but I cannot get my dodgy legs in the back of them, even when I am not trying to get a wheelchair into them.

I say to my noble friend that I do not support Amendment 8. I hope he will not push it, because it would apply to all cars and that is wrong. People must have the right to buy any vehicle they choose, even if you cannot swing a cat in the back of it. Before Cats Protection issues a fatwa, let me make it clear that I am referring to the cat-o’-nine-tails, not pussycats.

I hope the Government will insist that any new automated taxis are wheelchair accessible. If they make that clear in law now, vehicle manufacturers will design them—not that there is much to design; it has already been done. The new London black cabs are absolutely fantastic. They have excellent wheelchair ramps, there is lots of space and, for the first time, they seem to have added springs to them. I congratulate my noble friend Lord Borwick on making that happen. So we can just stick the automated computer thingy on to those cabs, or the converted Peugeots I found in other parts of the country. The Peugeot Tepee, they are calling it—what a ghastly name that is. There are Mercedes Vitos, Citroën Berlingos and Fiat Doblòs. All have wheelchair access. So with automated vehicles it is a simple matter of sticking a computer thing on to the vehicles that are there already. I do not want the Government saying, “Oh, this is going to be disproportionate cost and it is a burden on the industry”. It is not.

We were slowly getting more and more wheelchair-accessible vehicles across the country. The Government must ensure that the new technology of automated vehicles does not set that into reverse, as is likely to happen unless some of these amendments are made—but not Amendment 8.

Lord Bradshaw Portrait Lord Bradshaw (LD)
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My Lords, perhaps I might add a word for the very large number of people who are not in wheelchairs but who depend, like I do, on a stick. When pavements are so awful in this country, they need a lot of consideration. They walk around at their peril, often due to the irresponsible use of scooters, which are insufficiently regulated by the department.

Environment Bill

Debate between Lord Blencathra and Lord Bradshaw
Lord Bradshaw Portrait Lord Bradshaw (LD) [V]
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My Lords, I start with a short explanation of the reason for Amendment 58. The Natural Environment and Rural Communities Act 2006 protected footpaths, bridleways and restricted byways from use and damage by recreational motor vehicles. However, the same Act left unprotected a further 3,000 miles of countryside tracks. These are the nation’s green lanes. They are being used and damaged by 4x4s, motorbikes and quad bikes, which are being driven entirely for recreational purposes. This amendment is the first step in closing the loophole in the NERC Act which allows non-essential motors to inflict environmental damage and nuisance to green lanes. The amendment does not affect the rights of landowners, occupiers or residents, drivers of essential motor vehicles, or people with disabilities who use powered mobility scooters.

The context for this amendment is twofold. First, the stated purpose of the Environment Bill is to improve the natural environment. Secondly, the 2019 Glover review of national parks and areas of outstanding natural beauty called for radical change in the way we protect our landscapes and stressed the need to take urgent steps to recover and enhance nature. One of the things that is causing damage to the natural environment, and to fragile and precious landscapes, is that, at present, 4x4 vehicles, motorbikes and quad bikes are allowed to be driven for purely recreational purposes on unsealed tracks all over the countryside, including in national parks and areas of outstanding natural beauty.

This is allowed to happen only because the law currently says that if an unsealed track, whatever it may be, was used in the past by the public with horse-drawn carts, that it is now a right of way for any kind of modern motor vehicle. Parliament attempted to deal with this in 2006 by passing the Natural Environment and Rural Communities Act: other vehicles could use footpaths, bridleways and restricted byways, but it left unprotected over 3,000 miles of other track in the countryside that have no public right of way classification. These amount to over half of the country’s green lanes. They are open to use and abuse by recreational motor vehicles and, as a result, great damage is being done, even on the high fells.

There are similar problems on many of the other 3,000 miles of the country’s green lanes—those classified as byways, open to all traffic. In reality, many of them are effectively no longer open to walkers, cyclists, horse-riders, horse-drawn vehicles and the disabled for peaceful enjoyment of the countryside because of a loss of amenity caused by recreational motor vehicles—many riders of which are based abroad.

The amendment does not seek an immediate change in the law. If passed it requires the Secretary of State to return to the business left unfinished by the Natural Environment and Rural Communities Act and to carry out a public consultation on whether the loophole left by that Act, should now be closed.

The Minister may say that there is another way of dealing with the problem: the use of traffic regulations orders. The highway authorities have had TRO-making powers since 1984, the national parks since 2007, but such orders are costly to make, rarely used and almost invariably are fiercely resisted by the recreational motor vehicle groups—often with threats of legal action. TROs must be made one track at a time. If they could put a stop to the environmental damage being made by motor vehicles, the problem would have been solved long ago. A new approach and ultimately a change in the law is needed.

Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, it was an absolute delight to listen to the excellent speech from the noble Earl, Lord Devon, and his call for better-quality access. There is considerable merit in Amendment 8 and especially in Amendment 9, and it probably should be a priority target. I urge my noble friend the Minister to accept them in principle. The amendment tabled by my noble friend Lord Lucas is very important. Could Amendments 8 and 9 be amalgamated into one target?

Of course, this is a very difficult area for the Government to set targets in and that is possibly why the Government have not added it to the clause. If you cannot measure it then you cannot manage it, and as for measuring people’s enjoyment of something, I should love to see how one can make a target for people to enjoy something. However, with time and work, I believe that we can figure out some targets in this area, especially on connecting people with nature.

Every month Natural England publishes its people and nature survey. Despite Covid, there are still very much the same patterns emerging. When one looks at March 2020, before lockdown—an idiotic term which I hate—and compares it with April 2021, one gets roughly the same statistics: 30% had not visited a green space or nature in a 14-day period, and of those who did, the vast majority numerically were older people. The justification in April this year by the 34% of people who had not visited was to stop Covid spreading. That is a noble reason not to go. However, I looked at our previous studies, in what was then called the monitor of engagement with the natural environment, and in 2017 more than 30%, the same figure, had not visited a green space. Exactly 34% said that they had not visited because they were too busy, 23% said health reasons and 18% had no interest whatsoever. The justification or excuse may vary but the numbers stay the same.

However, the other statistic that the survey highlights is that of earnings. Of those earning more than £50,000 per annum, 75% reported a visit to a green and natural space. This is compared to 50% of those earning less than £15,000 per annum. Adults earning more than £50,000 also took three times as many visits as those earning less than £15,000. That confirms the anecdotal evidence of our own eyes. You do not see many black and ethnic-community people in their Range Rovers visiting the Lake District National Park, stately homes, or National Trust properties.

There is of course a big cost element for those who cannot afford the time or money to go far visiting green space, but there is also a cultural problem. I was told in a briefing from the creators of the brilliant London National Park City scheme that they found that children walking to school would prefer to take the slightly longer route round by the shops and the high street rather than the shorter route through the local park or green space. There is thus a problem that even when green space is on their doorstep, many people are not connecting with it. That is why Amendment 9 is so important. I believe that Natural England is in discussions with Defra on what more we can do to connect people with nature, and that could lead to a target.

The briefing we have all received from the Ramblers, Open Spaces Society, and others, cannot identify targets, but suggests three areas where it might be possible to set them. I am glad that they acknowledge that this is not easy. Their first suggested area is proximity. Are there access opportunities close to where people live and work? The second is accessibility. Are different types of users, including disabled people, able to connect with and make use of access to green spaces and good quality paths, and do they feel welcome? The third is quality. Are green spaces of sufficient standard to ensure that people want to use them?