Customs Safety and Security Procedures (EU Exit) Regulations 2021
Lord Bradshaw Excerpts(3 years, 6 months ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Bradshaw (LD) [V]
My Lords, first, I thank the Minister for his thorough explanation of what is happening. There is a problem in considering these changes because two things are muddying the water—Brexit and the Covid-19 crisis.
I am anxious to find out from the Minister how many extra customs officers or officials are being employed now who were not needed before we left the European Union. If additions have been necessary because of Covid, that can be explained as such and we would expect the numbers employed to return to a more normal level afterwards. However, we were led to expect when we were led along the Brexit path that we were going to get economies as a result, and I am most anxious to know how much more money is having to be spent by government in checking things and by the private sector in preparing documentation for examination. Those are pertinent questions that any legislature would ask of its Ministers because we must be clear that public money is being wisely spent.
Budget Statement
Lord Bradshaw Excerpts(3 years, 9 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Bradshaw (LD) [V]
My Lords, climate change is the real emergency that outshines any other. The UK has not, so far, taken the bold steps necessary to reach net zero by 2050; in fact, things are going the other way. We have been promised a bus strategy, but it has not appeared. How much more could be done quickly by the railways to reduce the amount of diesel oil used by trains, and the lorries that would be displaced from our roads, if relatively small investment schemes were introduced that would better connect our ports to inland distribution centres? A modest plan of railway electrification and bus building would use British labour and particularly benefit the north of the country.
I have given the Minister a simple plan that would see 50 miles of electrification in small infill schemes that each year could save 2 million miles’ worth of diesel haulage, using locomotives that are at present standing idle. While I certainly want to hear his response, I want also to endorse the call of the noble Lord, Lord Young, to increase fuel duty to raise the money needed to fund properly some public services, and his suggestion that we should review council tax to make it fairer.
Customs Safety and Security Procedures (EU Exit) Regulations 2020
Lord Bradshaw Excerpts(4 years ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Bradshaw (LD) [V]
My Lords, obviously I do not approve of what is happening. I think that the loss of security that the country will suffer as a result of leaving the European Union is vast and will be of great comfort mainly to people of the criminal fraternity and others seeking to evade various rules.
Can the Minister please tell us what goods he has in mind being covered by this SI? Can he give some practical examples? If they are the sorts of things which are a threat to security or are dangerous goods, it is very serious that these are going to be dealt with in this way, where Parliament has virtually no say over what is happening.
The fact that the Government have not prepared for us leaving the European Union in a proper way is their fault. Whatever they are doing to cut and paste a solution to the failures of their policy certainly does not have my support, unless the Minister can be very explicit about what is involved in this and whether it really is absolutely essential that this sort of power is given.
Spending Review 2020
Lord Bradshaw Excerpts(4 years ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Bradshaw (LD) [V]
My Lords, I want to talk about the Green Book, which was published at the same time as the spending review. It contains very welcome reference to
“Non-market Valuation and Unmonetisable Values”.
To translate that into English, it takes into account things such as effect on air quality, noise, waste, landscape, water resources and climate change. I want to ask the Minister about something that is a Treasury responsibility. In the past, most infrastructure investment in this country has been dominated by savings in the values of time of people using mostly new roads, sometimes new railways. Now, we are moving to a new, different system of appraisal. Are we going to stop the very expensive process of calculating values of time, which are the present means of justification? How much of the investment will be guided by these other important things? The value of time that is often projected in an infrastructure proposal melts away as you have traffic congestion, which almost always rises to a point where the so-called savings materialise into nothing at all. I would like to believe that, this time, the Treasury will come forward with an alternative method that really values the many, many things that people think are better and more worth while.
EU: Future Relationship
Lord Bradshaw Excerpts(4 years, 2 months ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord Bradshaw (LD) [V]
My Lords, that was a massive contribution from the noble Lord, Lord Hain, and a tremendous catalogue of the disadvantages that we will face. Monsieur Barnier reflected recently that the demands of the UK so far as concerned the road haulage sector—for this purpose, that includes short-sea shipping—were too close to the existing Common Market rights without meeting any of its obligations. I want to concentrate on road haulage because it is so essential to our economy and so vulnerable to any disruption.
What Monsieur Barnier said should have sounded warning bells, meaning we should prepare ourselves for a no-deal Brexit, particularly in the light of the steadily worsening relations with the EU and the rhetoric emanating from Downing Street, to which the noble Lord, Lord Hain, drew our attention. Business is not prepared for a no-deal Brexit and the likely disruption of supply chains affecting both food and production lines, which are dependent on just-in-time delivery.
Whatever Michael Gove is saying, the effect on the UK economy is potentially calamitous and awful. When the noble Lord, Lord True, replies to the debate, I wonder whether he will be a little less opaque than usual, not brush those real issues aside, and confirm that the Government will have a new freight management system before we leave the EU. That certainly is not the view of the logistics industry, which we heard this morning. Those people were mostly warm supporters of the Government’s wish to leave the EU and feel angry that matters are now in some sort of limbo. Any special permits likely to be available will in no way be sufficient to meet demand. We heard in a debate on Monday that there were bilateral agreements on the way, that there would be more permits, and that there would be a need for further negotiations. None of that bluster, if I can call it that, actually faces up to the fact that we are in a desperate situation.
Since the UK has been involved with Brexit, the EU has been developing a new mobility package, which it published at the end of July and which impacts on freight transport access and access to the profession. Of course, the UK was not a party to those negotiations, but have the Government made any assessment of the impact of the new arrangements on the UK?
Assuming a worst-case scenario now—I am afraid that we have to—enormous lorry parks will be necessary for goods to await clearance. How large will those semi-permanent additions to local landscapes be? How will local planning consent be required to establish them, or will the Government simply ride over local wishes and dump them on unwilling localities that they choose? Will such facilities incorporate places for people to sleep, service lorries, refreshment and trans-shipment facilities? Who will pay for all this? It is a lot of money. In other modes of transport, it is usual for the operator to build his own facilities. Ship operators build their own ports. Train operators build their own stations. Bus operators build their own bus stations. But these facilities are likely to be very large impositions on neighbourhoods. I want to know how they will be policed, as I fear that they will be centres of totally unregulated crime, affecting both goods and people.
Those are a few of the problems on which the House, and more particularly the logistics industry, wants answers.
Deregulation Bill
Lord Bradshaw Excerpts(10 years, 1 month ago)
Grand CommitteeRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Lord McKenzie of Luton (Lab)
My Lords, in moving this amendment, I will also speak to our other amendments in this group—Amendments 61D, 61E, 61F and 61G. I will address the clause stand part debate in due course.
Most local authorities have adopted civil parking enforcement powers, which mean that they, rather than the police, can issue parking tickets for on-street parking contraventions and in local authority off-street car parks. This means that they have full responsibility for the design, implementation and enforcement of parking policies in their areas. The quid pro quo as the Government apparently see it is that local authorities should use these powers to seek best solutions to balance the sometimes competing needs of different road users, including cyclists, pedestrians, residents, shops and businesses.
Local authorities, as we know, are precluded from using their civil parking enforcement powers to raise revenue. The Government say that they are aware of concerns that some local authorities are being overzealous with parking enforcement, and they have focused on the use of CCTV as having insufficient regard to statutory guidance. It is suggested that enforcement by CCTV is particularly unfair because a motorist might be issued with a ticket as a consequence of a camera. The ticket arrives at their home some time after the event when they have no opportunity to examine the location when the alleged contravention took place. However, the Government’s consultation on local authority parking last year acknowledged the benefit of CCTV in enforcing moving traffic congestion where cars use bus lanes, do not exit box junctions and so forth.
The LGA disputes much of the Government’s analysis. It points out that successful appeals to the adjudicator are low, 80% of councils make no surplus on enforcement and parking surpluses that do arise are reinvested back into transport improvements. Parking controls help to ensure that businesses have access to loading bays, school entrances are kept clear and parking does not obstruct access to shops, businesses and residences.
Notwithstanding that, Clause 38 seeks to ban the use of CCTV for parking enforcement, although the Government have already acknowledged the need for some exemptions to this policy as a result of campaigning by the LGA. They have acknowledged the need to allow its use at bus stops, in bus lanes, outside schools and on red routes. CCTV is quite properly used to enforce parking restrictions where the use of enforcement officers is not practical. Outside schools is a particular case in point because motorists can move their vehicles when a traffic officer approaches. Enforcement in some instances requires constant observation over a period of time or for safety reasons.
As Clause 38 is currently drafted, and subject to the detail of any regulations, it would seem to make it impossible to enforce a penalty where the driver has fled the scene or where an enforcement officer is otherwise prevented from fixing the PCN to the vehicle or handing it to the person in charge of the vehicle; perhaps because of threats of violence. It cannot be the Government’s intention to allow such behaviour to be rewarded. At present of course, an enforcement officer can hand a PCN to a driver or send it by post when prevented from serving it directly. Amendment 61C would therefore allow a PCN to be issued by post where it cannot be issued in the manner currently provided for in Clause 38.
Amendments 61D and 61E would include in the Bill exemptions from the ban, some of which the Government have already conceded should be provided. This applies to contraventions for stopping at bus stops and bus lanes, school entrance markings and red routes on the grounds of safety and the needs of bus services. Amendments 61B, 61F and 61G have been added to our proposals for the same reasons. We propose that all arrangements for safety reasons should be covered as well as no-stopping and no-loading restrictions because these, too, impact on bus service delays.
Amendment 61F seeks to ensure that the provisions of Clause 38 cannot have effect until the proposed implementing regulations have been the subject of a regulatory impact assessment and an equalities impact assessment. As I understand it, no impact assessments have been conducted on these clauses, particularly in respect of the impact on those dependent on public transport or on vulnerable users. Can the Minister tell the Committee why this is? Will the Government now commit to producing such assessments before implementing these provisions?
The purpose of Amendment 61G is to enable those local authorities that wish to use CCTV and automatic number plate recognition in car parks in order to make it easier for users to park and pay later or to better manage space for users. It would make it easier, for example, to have pre-booking arrangements. The Protection of Freedoms Act 2012 provided for such technology in private car parks but not local authority ones. The use of such technology would depend on it being used for better space management or customer convenience. This approach follows the same basis as that on which the congestion charge operates and, so I am told, the new Dartford crossing toll. The Department of Health’s encouragement for NHS trusts to use pay-on-exit systems is in the same vein.
Since tabling these amendments and drafting most of these notes, we have seen a draft of the regulations enabled by this clause. We obviously need some time to look at these—although doubtless the Minister will offer some enlightenment—but on the face of things, it looks as though the prospect of enforcement by post is preserved for on-road contraventions, in limited circumstances when alternatives are prevented. These would appear to be more limited than in Amendment 61C. The regulations would also appear to cover some, if not all, of what is provided by Amendments 61D and 61E, but this is not in the Bill. The draft regulations do not address Amendment 61G.
Can the Minister help me in particular with a specific piece of drafting in those regulations? Regulation 9A(3)(c) looks at the circumstances where service of enforcement by post would be permitted. It refers to,
“where the civil enforcement officer has begun to prepare a penalty charge notice for service in accordance with paragraph (2)”.
What does,
“begun to prepare a penalty charge notice”,
mean in this context? Does the officer have to actually get his machine or pencil out of a bag for a written enforcement notice? Does he just have to appear and look at the number plate of the vehicle in contemplation of doing something or does he actually have to press the button on the notice? This might seem frivolous but it is important that these things are clarified otherwise the scope for argument, litigation and adjudication will be endless.
We welcome the Government’s response, so far as it goes, in listening to the concerns and the LGA’s campaign—however, it is not enough. I beg to move.
Lord Bradshaw (LD)
I believe that these provisions are ill thought through and extremely damaging to local government and local governance. At the same time as the Government are beginning to concede powers—to Greater Manchester, as we read this morning—these provisions are taking away a power which is essential for local government to keep its roads free. Those roads are becoming increasingly congested and increasingly badly maintained.
The law relating to bus operation is that the traffic commissioners who license buses provide that they do not run early or more than five minutes behind schedule. It is extremely difficult for bus operators to keep within the present limits with the present level of enforcement; it would be completely impossible if we got odd people having five minutes to pop in to get the paper and impeding the traffic. That has a large-scale effect. For example, in Oxford, which I know well, the congestion at one stage got so bad that in one of the park and rides they had to put extra buses in and extra drivers. Of course, they got no more revenue, because they were taking the same number of people, who just happened to be sitting in congested areas. I am not talking only about bus lanes; these appear to be covered in the proposed regulations. I am talking about the fact that a large number of buses do not use roads that have bus lanes; the vast majority—I think about 60%—travel along ordinary roads, which are protected in places at least by double yellow lines. I honestly believe that this is not a subject that the Government should be involved in.
There is very little evidence that surpluses are being frittered away or used by councils to subside luxuries. I accept that in Kensington and Chelsea and in Westminster a couple of councils make a profit, but we cannot argue from the particular to the general. A piece of evidence that I have from one local authority shows that actually a very small fraction of people contest their parking fines and a much smaller proportion of them are upheld by the parking adjudicator. Nobody likes getting tickets because they have been watched by CCTV but most people accept that they have done wrong and will have to pay the fine, which is mitigated to 50% if people pay promptly. It is quite impossible to think that the police have resources to do that sort of work; it has to be done by CCTV, and if local authorities can afford to employ parking wardens it is probably at the expense of spending money on something else. I cannot understand why, in this day and age, technology is not brought to bear on problems. This is not spying on people; it is picking up illegal parking that is obstructing the highway for the ordinary person.
The regulations talk about zig-zag lines outside schools. I know what they are like; they go for about 10 yards either side of the entrance. That is not the problem. If you go almost anywhere you will find a line of cars outside schools and, for that matter, outside hospitals, which is very long and creates huge safety problems. Many headmasters ask local authorities to bring the enforcement ban or some sort of TV equipment to control the problem, because many people who park in those places are just selfish or lazy—or perhaps both. I do not believe that we should pander to that sort of thing.
With this clause, we need to go back to the drawing board and take some advice from people who really know what they are talking about, not relying on something conjured up in Whitehall, probably by somebody who really does not understand the problem.
Lord McKenzie of Luton
My Lords, I thank all noble Lords who have spoken in this debate. I shall first pick up some points that the Minister made. I understand his definition of when someone begins to prepare a parking ticket. I suspect that CCTV evidence will need to be brought to bear on that decision on more than a few occasions.
Let me revert to the noble Lord, Lord Bradshaw, who said that the amendment was damaging to local government and took powers away from local authorities. With respect, that is not what the amendment was doing. What is taking the power away from local authorities is the clause in the Bill. The amendment was seeking to ameliorate the impact of that. In that sense, I guess that it is a middle position between the two extremes of the coalition—those who do not want the clause at all and those who, if it has to be there, want to make it work in a better way. The arguments for not having it there at all are not insignificant.
Lord Bradshaw
I am sorry to interrupt. There is a woeful lack of solid evidence to support what the Government are proposing. The Minister, in replying, referred to parking penalty charge notices and all the work given to the adjudicators. In one borough, which I shall not name, 45,771 tickets were issued in a year. Of those, 358 were referred to the parking adjudicator and 65 were upheld. So we are talking about 65—one and a half a week—against the local authority issuing nearly 1,000 a week. It is preposterous that this sort of evidence is used by the Government to make these proposals. I beg the Minister to go away and convene a meeting between the people who support the Bill and those who actually have to work it. Seriously, this will cause chaos to bus services and parking enforcement—and probably a general feeling, once again, that the Government are out of touch with people.
Lord McKenzie of Luton
My Lords, I do not at all dispute the adjudication figures. I probably used the same briefing as the noble Lord. We have a common understanding of the data and the Government have more to do in justifying what they are doing here.
The issue around schools is clearly very important. The point has been well made that it is nonsense to say that TV cameras will be able to be used along a very short stretch of road. Our amendment would widen or retain the opportunity to use CCTV in those circumstances. The noble Baroness, Lady Hanham, asked who was complaining about parking charges. I hesitate to say, but she might wish to take a taxi ride in Luton and it will not be long before she gets someone bending her ear about parking charges and enforcement. I suspect that that situation is not unique to where I live.
There is a localism argument in all this, although I know that depending on where people are on a proposition, they either grasp the localism mantra or they do not. We debated something just last week when those who are now on the localist wing were arguing for a very much centralist approach. We have all probably been on one side of that issue or another.
The Minister said that I was trying to introduce a new clause related to off-street parking enforcement; was that the point he was making? The point about Amendment 61G, which was suggested to us by the LGA, related to the opportunity for local authority car parks to have the benefit of the same use of technology as private car parks so that it can be used to improve management of those car parks—to enable people to park and pay afterwards, for example. Those are the sort of arrangements that make more efficient use of car parks—as I said, the Department of Health hospital trusts are encouraging that—which was the purpose of my clause. Perhaps the Minister might reflect on that.
My noble friend Lord Rooker, as ever, made a challenging point, in this case about the difference between somebody getting done for speeding on a motorway and somebody getting a parking ticket when they are stationary. These provisions apply only for stationary vehicles—for obvious reasons which the Minister I think dealt with. If people are motoring at 40, 50 or 60 miles an hour, you need some form of evidence to be able to justify a penalty, and CCTV is the obvious option. I do not think that the Government, to be fair to them, are seeking to change that in these regulations. But where I challenge the Government, and where I would certainly align myself with most of the Benches opposite, is that I do not think the Government have justified the very narrow use of CCTV that would result from this clause. At the very least it should be widened to cover all of those areas focused on safety, for example bus usage and the efficiency of the bus service. What they are doing is very restrictive and, I believe, unacceptable. One way or another, it needs to change.
Deregulation Bill
Lord Bradshaw Excerpts(10 years, 2 months ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Thornton
My Lords, I am very grateful to the Minister for withdrawing Clause 10 and I hope she will feel that Clauses 11 and 12 deserve the same treatment, given that the Law Commission has been asked to look into the current legislation. We are very glad that Clause 10 has been pulled from the Bill, but Clause 11 has problems and Clause 12 is just as dangerous as Clause 10.
Clause 11 will end annual licence renewal and set a three-year standard duration for licences. The annual licence renewal helps licensing authorities to recognise changes in a driver’s convictions or medical status. The reform is likely to make it more difficult for licensing officers to monitor behaviour, ensure that drivers are fit and proper to drive and take action when necessary. Effective implementation of this clause will require local authorities to sign up to the Disclosure and Barring Service’s updates service and receive information about convictions during a licence term. This is a relatively new service and it is not yet known how it will work in practice. It is clearly important, so I hope that the Minister will explain why this matter cannot also wait.
Clause 12 will enable PHV operators to subcontract a booking to another operator who is licensed in a different area. We and many others believe that passenger safety will be undermined because only licensing officers from a licensing authority where a vehicle and driver are registered currently have the power to take enforcement action. The Law Commission has recommended that licensing authorities would have the power to enforce standards in respect of out-of-area vehicles, which will be crucial for their safety. The public, and vulnerable passengers in particular such as women or disabled people, may call specific operators because they feel that that operator is reliable and safe to travel with. This reform means that the public will lose their right to choose which operator they travel with. If someone calls operator A, their preferred choice, operator B may turn up.
The Law Commission’s work was undermined in January 2014 when the Government announced a 10-day consultation on these three measures of PHV deregulation. In March, they were introduced as last-minute amendments in Committee in the Commons. The clauses aim to meet the Red Tape Challenge. The challenge is not about putting people in unsafe situations and Clause 12 does just that.
Richard Burden MP’s office contacted the Department for Transport on 1 October to ask whether an impact assessment had been prepared. The impact assessment was published online on 2 October and was signed off by the noble Baroness. Page 11 revealed many of the issues that have allowed Clause 10 to be withdrawn. Page 16 of the impact assessment states:
“There has been minimal analysis”,
due to what has happened. The analysis, it continued, was,
“based on the data provided by the PHV trade associations. Due to time constraints there has not been a significant amount of analysis”,
to justify these clauses being in the Bill. The Government have tripped over themselves to fulfil, as I said earlier, the Red Tape Challenge of bringing in deregulation. In this case, it means that they are putting people’s safety at risk.
The reason that Clause 12 is so important has been brought to our attention by a number of organisations, including some student bodies, Milton Keynes Council and Alexis Jay in her report into child sex abuse in Rotherham, in which she highlighted significant concerns about taxi licensing. We have spoken to her personally about this and she is very worried about the implications that these changes have. Her report says that, at a number of council meetings,
“One of the main items for discussion … was safe transport”.
When asked about minicabs,
“there was an immediate and consistent response from … young women and men”,
on all occasions. In fact, all of them avoided taxis “if at all possible”. People do not have any choice in remote areas late at night but to use taxis. If someone finds a safe taxi company—there are ones who focus particularly on women—they do not want someone to turn up whom they do not know and who may not be the appropriate person to drive them.
Our experience in Milton Keynes, where serious errors by a sub-committee of councillors on licensing led to an inexcusable decision to allow a convicted sex offender to operate a private hire vehicle, illustrates the importance of getting the balance of this regulation right. The leader of Milton Keynes Council has written to us personally, asking us to oppose the clause.
Warwick Students Union wrote to us, saying that its primary concern on Clause 12 is the effect that it would have on preferred suppliers. It says:
“We are working with local authorities to put together a tendering document for a preferred private hire service—using our strong collective consumer power to stipulate better standards of service, safety and fares. Lots of other Student Unions do this such as Leicester and Birmingham to protect their members”.
We know that two women students were raped in Warwick because they got into a minicab—possibly they should not have done so, but that is what happened. The student union continued:
“We feel that this Clause would largely undo the work done by Students’ Unions across the country to ensure the safety of their members”.
It is quite clear that the Government need to take this away and think again. That is what we are asking them to do. I am sure that the Minister would not want to have students and disabled people finding themselves in unsafe situations, but this is what we think the impact of the clause will be.
Lord Bradshaw (LD)
I support what has been said by the noble Baroness, Lady Thornton. Anybody who knows anything about the taxi trade knows that some parts of the trade are of questionable integrity. The annual licensing inspection by the local authority where the taxi is based is the best safeguard that we can have.
On the Minister’s point that this saves people buying a second car, saving them £20,000 to £30,000, I can assure noble Lords that most private hire cars are nowhere near that standard. In fact, I can reminisce about my time in Manchester, when I was being driven to the airport in a private hire car. We passed a very used car depot. I said to the driver that his car was very old. He said, “Yes, it’s got a few months to run on its MOT. When its MOT is up, I just go into the car auction and buy another one with a few months on its licence”. He was talking about spending £200. I think that is much nearer the truth.
I also dispute the view that many rural areas do not or cannot get taxis. I live in a rural area with big rural surroundings and there are plenty of opportunities to get taxis if one thinks about it and phones them up beforehand and that sort of thing.
Students and all women are very vulnerable when they get into a taxi where the driver has not been properly licensed and had his credentials inspected—indeed, if the vehicle itself has not been properly inspected. When I was on Oxfordshire County Council, Oxford City used to call in its taxis or private hire cars every six months because they have a high mileage and the annual check does not show up the defects. If we are talking about people having a licence to operate a taxi, an awful lot of things can happen in three years. Extending the situation so that a taxi could operate in an area where the driver is not licensed is potentially dangerous.
I do not see this as much in the way of deregulation. Local authorities do not spend a huge amount doing this work and the drivers have to pay a fee for it. However, I think it raises considerable dangers, to which the noble Baroness, Lady Thornton, has referred, and it would be far more sensible if the Minister were to take this away and carry out some more work on it. The Bill has some time to run. The protests I have received from local authorities and organisations that are concerned with the welfare of people—notably, the Suzy Lamplugh Trust but lots of others—are that people are genuinely concerned about safety. That is what I believe should be taken properly into account.
Lord Skelmersdale (Con)
My Lords, before the noble Lord, Lord Bradshaw, sits down, I wonder whether he can educate me. If the hired car driver of which he has just spoken replaces his car for a short period, surely that replacement car would also need to be licensed. It would be very helpful for me and perhaps the rest of the House if he could explain that point.
Lord Bradshaw
I think that most people who are in this position make proper provision to have their car serviced so that it is safe. It is their responsibility to provide a safe car. If he is unable to produce one, I do not think he should be carrying passengers. I have had experience of this in Oxford, where the inspectors—there are not many of them—find a car with defective tyres. Well, I am sorry, but if the driver has chosen to drive a defective car, it is hard luck if he has to wait for it to be repaired. He is supposed to keep the car in a good and safe condition in which to carry people.
Lord Skelmersdale
My Lords, I really must protest. That was a beautiful answer, but unfortunately not one to which I was addressing my question, which was whether the council would or would not license the driver in the new car.
Lord Bradshaw
The answer to that is yes, it would. If the driver was able to produce a better car—it may not be a new one—and he went to the local authority and says he has given up using car A and is going to use car B, yes, it would. Local authorities are not, as sometimes painted in your Lordships’ House, absolutely unfeeling and draconian bodies.
Lord Greaves
My Lords, like my noble friend Lord Bradshaw I can see a great deal of merit in these clauses, but like him I hope, since we are at an early stage in the Bill, that the Minister will say some soothing words and agree to consider these matters further. It would be unfortunate to take this to a vote today and simply reject these clauses and not be able to bring things back later. There are really serious concerns here on the part of lots of reputable organisations, and local authorities and their representatives around the country.
I should declare an interest as a member of a taxi licensing authority, Pendle Borough Council. I should also say that taxi licensing and taxi operator licensing is something I keep as far away from as possible because it is one of the biggest cans of worms in local politics, especially in an area such as mine. I do not have direct, hands-on experience of this and I have not prepared anything to say today so I may be wrong in what I am saying. Would the Minister agree with me that there is some confusion about the discussion here?
As I understand it, Clause 11 refers to the licensing of people—either operators or drivers—and not the licensing of the vehicles themselves. Therefore, there are two separate things here. The Minister is nodding, so I shall continue with more confidence than I had when I started my speech. There is the question of whether individuals are sufficiently proper, upstanding and reputable to run a taxi business and whether individuals are appropriate to drive a car in the very intimate circumstances of taking passengers whom they do not otherwise know. That is obviously a situation where people have to be proper and upstanding.