Cycling: Bells

Lord Touhig Excerpts

Tuesday 27th April 2021 Lords Chamber

[Lord Touhig (Lab) [V]]

My Lords, some time ago, I had a near-encounter with a cyclist. He did not have a bell and I did not see him coming, but an accident was avoided because he shouted “ding ding” as he approached me. Like many colleagues, I have done much more walking during the pandemic, and had many close encounters. While it is argued that cyclists should not rely unduly on bells as a means of avoiding hazards, in almost every case it is the only warning that the pedestrian has. Surely all cyclists should be required to have bells on their bicycles and should not be allowed on the road without them.

[Baroness Vere of Norbiton (Con)]

My Lords, the Government are not about to mandate bells on bicycles. That would be disproportionate, and it is unlikely that any enforcement would be a police priority. However, cyclists must take responsibility for their actions. A little “ding ding” on a bell on a bridleway is perfectly fine, but if you are travelling in central London, it will get you nowhere, and in those circumstances, a shout is probably preferable. I am afraid that the Government will not be mandating bells at the present time.

Equality Act 2010: Wheelchair Users

Lord Touhig Excerpts

Tuesday 17th March 2015 Lords Chamber

[Baroness Kramer]

My Lords, the assumption is that charging is a violation of the broad anti-discrimination clauses of the Equality Act because one cannot discriminate and charge additional amounts for services provided to disabled people. In terms of ramps and the other issues that the noble Baroness describes, there are many problems for wheelchair users in accessing taxis and private hire vehicles. Again, a more extensive piece of legislation may be required to deal with this broader range of issues, which we are increasingly aware of.

[Lord Touhig (Lab)]

My Lords, no one who is disabled should be penalised because of their disability. Recognising this in May last year, the Law Commission’s review recommended that all taxi drivers should receive disability awareness training. Do the Government accept this recommendation and, if they do, when will it be implemented?

[Baroness Kramer]

The Government are still working on their response to the extensive report from the Law Commission and that is one of the recommendations that must be addressed in the reply. I remind the House that there will be post-legislative scrutiny in the next Session of the disability provisions in the Equality Act. There are several ways of tackling these problems.

Disabled People: Blue Badges

Lord Touhig Excerpts

Wednesday 26th March 2014 Lords Chamber

Asked by

[Lord Touhig]

To ask Her Majesty’s Government how they plan to ensure that people whose mobility is not impaired solely by physical disability, and their carers, will continue to have access to blue badges for their vehicles when they need them following the introduction of the Personal Independence Payment to replace Disability Living Allowance.

[The Minister of State, Department for Transport (Baroness Kramer) (LD)]

My Lords, people who receive a personal independence payment because they cannot walk further than 50 metres will automatically be eligible for a blue badge. However, people who do not meet this criterion may still apply directly to their local authority to see whether they meet any of the other eligibility criteria. Whatever their disability, they may be eligible if it causes very considerable difficulty in walking.

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[Lord Touhig (Lab)]

My Lords, I declare an interest as vice-president of the National Autistic Society. People with autism are having great difficulties in obtaining blue badges as a result of changes to the eligibility criteria associated with the personal independence payment. Will the Minister look at the guidance given to local councils on blue badges, so that we can ensure that people with cognitive impairments can park near the services that they need? Will she also agree to meet representatives of the National Autistic Society, other noble Lords and me, so that we can further this discussion?

[Baroness Kramer]

My Lords, I say to the noble Lord, Lord Touhig, that I would be very pleased to meet, so we will make sure that that goes into the diary. Your Lordships will be aware that, as the DWP is reassessing DLA claimants for the new PIP benefit, those who do not qualify under the relevant PIP can retain their existing blue badge until it expires so that there is a time period to get into the new programme by applying to the local authority. The department is clarifying its guidance, which is being written at the moment, to make it clear to local authorities that any permanent disability can be physical or otherwise. In other words, it need not be physical. The test is that it causes very considerable difficulty in walking; that is the qualification for a blue badge.

Asylum Seekers

Lord Touhig Excerpts

Monday 20th May 2013 Lords Chamber

[Earl Attlee]

Indeed, there is much good legislation that comes from Europe. The point I would like to make is that asylum seekers can do voluntary work.

[Lord Touhig]

My Lords, there is anecdotal evidence showing that denying asylum seekers the right to work prevents their integration into British society. Have the Government made an assessment of this aspect of the problem, and if they have not done so, will he agree to do it?

[Earl Attlee]

The noble Lord is right: denying asylum seekers the ability to work makes it difficult for them to integrate into our society, and that is what we want. We do not want asylum seekers who have not determined their right to be in the UK to become integrated into the UK, as it makes it more difficult for them to return. When we find that someone has a good claim for asylum, asylum is granted, they can work straight away and we can then try to integrate them into our society as fast as possible.

Disabled Persons’ Parking Badges Bill

Lord Touhig Excerpts

Friday 30th November 2012 Lords Chamber

[Lord Touhig]

My Lords, I join other noble Lords in thanking the noble Baroness, Lady Thomas, for agreeing to pilot this Bill through your Lordships’ House. I should begin by declaring an interest: I am president of Access, a campaigning group working for the benefit of people with disabilities. I certainly welcome this Bill. It will ensure that people who genuinely need the blue badge are better protected and will help clamp down on the abuse of this very worthwhile scheme.

I know from talking to public officials in my own part of Wales that they are often frustrated by the lack of opportunity to act against those who abuse the present scheme. They welcome amendments to inspection powers so that officers in plain clothes may inspect badges. This, coupled with provision to allow councils to cancel badges which are not held by the person to whom they have been issued, will go a long way to improving the governance and management of the scheme.

They tell me that demand for blue badges is constantly increasing, yet there is no incentive for people to hand back a blue badge if and when they are no longer required. Among the commonplace scams are using a blue badge without the badge holder’s knowledge, keeping the blue badge when the person to whom it was awarded has died, photocopying genuine badges and acquiring stolen ones. I remember reading an article in the Daily Telegraph more than two years ago which stated that in Leeds, it was estimated that 60% of badges were misused; that in Newcastle around half the 4,000 issued badges were used illegally; and that in Edinburgh the figure jumped to 70%. I know that in south-east Wales, close to the English border, misuse of the blue badge is popular because possession of it allows motorists to cross the Severn bridges without paying. I therefore commend the Welsh Government on having launched a new blue badge scheme in March this year with many additional security features which make them harder to forge.

However, more than one in three people in Wales do not understand the eligibility rules for blue badge disability parking. In some cases, this has led to unpleasant remarks being aimed at legitimate users of the blue badge scheme in accessing parking spaces. Thirty-five per cent of people questioned in a survey said that they believed that disabled persons' parking spaces were provided only for vehicles carrying a wheelchair user. In fact, they are reserved for a wide range of people with mobility problems, including those with less obvious disabilities such as severe sight impairment, heart or lung conditions, or a prosthetic limb that may make it difficult for them to walk even short distances.

The misconceptions about the blue badge parking system emerged in a survey of more than a thousand people conducted for the Welsh Government as part of their drive to encourage greater respect for the parking rights of disabled vehicle users. The Welsh Government released the survey figures as part of their “space invaders” campaign to promote the new-style, more secure blue badge and to deter ineligible motorists being tempted to abuse the scheme. An earlier survey across Wales showed that one in 10 motorists admitted using blue badge spaces illegally and, in some areas, the figure was as high as one in four. Recently, on a very wet Saturday while driving out of the car park at my local Sainsbury’s at Pontllanfraith, I saw a motorist drive in, park in a disabled person’s parking space, get out of the car and run into the store. I am only sorry that the Bill does not give the police powers to seize and to crush the cars of motorists who take a disabled person’s parking space. Frankly, for me, whether they remove the driver first is an option for them. If they had such powers, it would certainly help deter these space invaders.

Another misunderstanding about the scheme was revealed in the Welsh survey, with 10% of respondents believing that anyone using a blue badge holder’s vehicle could park in the restricted spaces even if the eligible person was not with them. Former Royal Welch Fusilier Paul Davies, of Bargoed, who was paralysed from the waist down after being injured in a military rugby game, said that he regularly encountered these space invaders. Mr Davies helped launch the Welsh Government’s blue badge scheme and was quoted as saying:

“Drivers take no notice of the signs, either because of laziness or ignorance of how difficult it really is for a disabled person to park in a normal space”.

Finally, I welcome Clause 6, covering the provision of badges for disabled service personnel. This is a well intentioned move to bolster the Armed Forces covenant. As a former Veterans Minister, I believe that any new commitment to improve the quality of life of those who have served our country and to whom we owe a debt that we can never fully repay is right and just.

People who take a disabled person’s parking space and who abuse the blue badge scheme do a considerable disservice to disabled people and harm their quality of life. The Government are right to do something about this, and I certainly welcome this Bill.

Rail: Great Western Passenger Franchise

Lord Touhig Excerpts

Tuesday 31st January 2012 Lords Chamber

[Earl Attlee]

My Lords, I entirely agree with the noble Lord on his analysis of the overcrowding problems on the current franchise. He will be aware that the difficulty with the current franchise is that it does not incentivise the operator to increase capacity. However, there will be significant capacity increases, especially with the introduction of the IEP train.

[Lord Touhig]

My Lords, will the successful bidder for the franchise be required to provide new rolling stock? As a regular user of the service, I can testify to delayed and cancelled trains because of mechanical failure, sweltering or freezing carriages because air conditioning does not work, lavatories blocked or flooded, and on one train that I travelled on recently the brakes seized and part of the train had to be evacuated because of appalling fumes that filled the carriages. The one redeeming feature of the present operator is that it has excellent on-train staff, who have a difficult job working for a company that for many of us is still known as “Late Western”.

[Earl Attlee]

My Lords, the bidders are able to take into account the condition of the rolling stock when they bid, with the exception of the IEP rolling stock, which they have to adopt. We need to avoid telling the bidders which rolling stock they have to use because otherwise that would compromise their negotiations with the ROSCOs.

Railways: Cardiff Valley Lines

Lord Touhig Excerpts

Monday 28th March 2011 Lords Chamber

Asked by

[Lord Touhig]

To ask Her Majesty’s Government whether they will include the Ebbw Valley line in the development of the business case for the electrification of the Cardiff valley lines.

[Earl Attlee]

My Lords, the Department for Transport has committed to work with the Welsh Assembly Government to develop a business case for the electrification of the key valley commuter lines north of Cardiff via Pontypridd, Caerphilly, Treherbert, Aberdare, Merthyr Tydfil, Coryton and Rhymney, as well as the lines to Penarth and Barry Island to the west. There is no current proposal for electrification of the line from Newport to Ebbw Vale.

[Lord Touhig]

My Lords, I thank the Minister for his Answer but I am disappointed by it. By the way, the line at present does not go to Newport—it is Cardiff to Ebbw Vale. It opened on 8 February 2008 and in the first year carried 573,000 passengers, breaking all expectations. At weekends it has to double its capacity to carry passengers. It is the only one of the valley lines not to be included in this proposed business plan. Would he be prepared to facilitate a meeting with myself, himself, his Secretary of State and perhaps a couple of Members of the other place so we can put our case directly to Ministers?

[Earl Attlee]

My Lords, I am aware of the success of the lines. The noble Lord asked about a meeting. Yes, I will facilitate that. I think noble Lords need to understand that electrification can have a good business case when the existing rolling stock needs replacing and the frequency of vehicle movements is relatively high. That does not yet exist on the Ebbw Vale line.

Postal Services Bill

Lord Touhig Excerpts

Monday 14th March 2011 Lords Chamber

[Lord Low of Dalston]

My Lords, Amendment 16 is designed to strengthen the rights of users of postal services. As has been seen in the past, with privatisation and a greater focus on commercial imperatives, it is all too easy for the most vulnerable users of services to be put at the greatest disadvantage. Let us take the energy sector. The most expensive way to buy gas and electricity is with a prepayment meter, yet it is the poorest in society who are forced to buy them in this way as they do not have access to direct debit facilities. There is a real risk that certain groups of service users who rely on Royal Mail more than others will similarly be vulnerable to change. I believe it is important that Parliament sends a strong message that it expects the services provided to vulnerable groups to be maintained.

To take one example close to home—and I declare my own interest here—on the one hand, the Bill legislates to protect specialist services for blind people, but on the other, it requires the proposed postal services regulator, Ofcom, to review that service and all the other services contained within the universal postal service within 18 months of the Bill coming into force. The Minister was very clear at Second Reading that this review is not intended to lead to a reduction in the minimum requirements of the universal postal service. However, in discharging its primary duty to secure provision of the universal postal service, Ofcom must give specific consideration to the financial viability and efficiency of the service. The review will decide whether the current universal service obligations work in the interests of users. I believe they do, but I do not think a regulator with a remit to further competition in postal services necessarily would.

A similar concern applies to the concept of the single tariff: a single price for a stamp. At the moment, Royal Mail is obliged to offer customers the same letter service without discriminating on price, regardless of the distance between the point of posting and the point of delivery. This works in favour of people who live in rural areas, but once the accountants and management consultants are let loose, questions about why users in urban areas should go on subsidising an often loss-making postal service in rural areas are bound to arise. Why not reduce the cost of a stamp in the cities and make those in the countryside pay a price that better reflects the cost of providing the service?

Small businesses are equally vulnerable to changes in the price of letters and packets. The Federation of Small Businesses has expressed concern about the Bill. It is worried—and I can understand its fears—that a more aggressive pricing regime will harm small businesses. The collection and delivery of postal packets forms part of the universal postal service. Such a service is vital for small enterprises. With economists in charge, these businesses could well be charged a price for the service they receive based, at least in part, on their location. Small businesses in rural areas are perhaps the most vulnerable to the more commercial spirit that will inevitably come with privatisation.

Older people, pensioners, who are a growing section of the community, again rely on the postal service more than younger users. With the advent of electronic communications, there has been a seismic shift away from writing and sending letters in the conventional way, but many older people are marginalised when it comes to such technologies. They are more reliant on the traditional postal service as a means of communication. It is important that a privatised Royal Mail does not operate in such a way as to disadvantage older users of postal services.

I am not against this Bill. I simply want to strengthen it so as to protect the postal service for those who live in a rural area, who run a small business that is reliant on Royal Mail, who receive specialist services for blind people or who are elderly. The object of this amendment is to restrict the ability of Royal Mail and the postal services regulator to use their new-found commercial freedom and a more competitive environment slowly to chip away at those services, to raise their costs disproportionately or reduce their frequency.

The Minister will no doubt say that it is absolutely the intention of the Government to protect these services. I do not question her intention for a moment. But once the Bill receives Royal Assent, the Minister hands over responsibility for the maintenance of these services to the regulator. An obligation on the Secretary of State to consult in the way I have suggested with this amendment and to report to Parliament strengthens the hand of the consumer and helps to build into the legislation another safeguard for service users. I beg to move.

[Lord Touhig]

In supporting the amendment tabled by the noble Lord, Lord Low, I shall speak to my Amendment 16A. The Bill does little to ensure accountability to the devolved Administrations in the United Kingdom. Yet we must recognise the vital services provided by the Royal Mail to the whole of Great Britain and Northern Ireland. It is part of our country’s infrastructure, supporting economic and social interaction across all the nations and regions, and we should retain universality of service across the whole country.

The needs of service users varies depending on where they live, with those in rural and hard-to-reach areas particularly dependent on postal services and vulnerable to changes that may follow from the introduction of the Postal Services Bill. For that reason, I believe that the devolved Administrations must be kept informed about the developments in postal services. Specific analysis should be undertaken and the likely impact of changes to postal services in Scotland, Wales and Northern Ireland should be properly considered. Moreover, specific consideration should be given to those with particular needs, such as pensioners and people with disabilities, a point eloquently argued by the noble Lord, Lord Low of Dalston, a few minutes ago.

The devolved Administrations already take a keen interest in postal affairs and recognise their importance. Economic development has been important to the Welsh Assembly and the Scottish Executive. They support the needs of small business in rural areas and both Administrations have made significant investments in their post office networks over these past years. In my view, it is unlikely that any of the devolved Administrations would want to see the break-up of the universal service. Providing detailed reports to the devolved Administrations would give them the opportunity to comment on particular implications of changes and will be important to improving oversight and accountability.

The future of Post Office Ltd and the continued provision of the universal service are a particular concern. Scotland, Wales and Northern Ireland contain large rural communities that would be disproportionately affected by any further decline in the post office network. The post office network is struggling. More than 150 post offices were closed as long-term temporary closures in 2010 alone and more than 900 post offices are up for sale. Sub-postmasters are struggling to make a living from their post offices. I fear that this Bill will potentially make things more difficult for them if we do not seek to improve it.

Breaking the link between Post Office Ltd and Royal Mail puts one-third of the Post Office’s revenue at risk. If the two cease to be part of the same company, there will be no guarantee that Royal Mail continues to sell its products through the Post Office. The Government’s proposals for the redesign of the post office network will see 4,000 “main” post offices created and the remaining post offices becoming “essentials” and “locals”. Essentials and locals will not provide the full range of post office services and some 2,000 sub-post offices would be transferred into essential or local category by 2014. They will offer only a proportion of the widespread post office services now available. I think that all remaining non-main post offices are likely to follow soon after.

--- Later in debate ---

[Lord Razzall]

My Lords, I do not want to intrude in the debate on this amendment, but unfortunately the noble Lords, Lord Touhig and Lord Low of Dalston, were not in their places when I made this point earlier. If we are to preserve the reputation of this House for knowing the facts and having expertise, we really must not say things that are not true. As I said earlier, the issue for the Royal Mail is not about whether it can deliver to rural Wales or rural Scotland. As I said earlier, it is more expensive for the Royal Mail to deliver to Norwood Green or Hampstead than to maintain the service to the Orkneys and Shetland.

If we are to debate this issue, the concern should not be about whether or not the universal service can be maintained to outer Wales or northern Scotland. It is about whether we can maintain it to Hampstead or Norwood Green. If we are to debate this issue, we should not fall into the trap of thinking that this is about how we preserve the service to the outer islands or parts of the UK. All the other issues that noble Lords have raised are worthy of debate, but if we are to be the serious House that knows the facts, we should take that on board.

[Lord Touhig]

Did the noble Lord suggest that the noble Lord, Lord Low, and I were somehow misleading the Committee by not telling the truth in this matter? I take exception to that. I am sorry that he has this metropolitan view. I know that his party is not that strong in Wales and will probably be wiped out in the coming elections, but there is no need to dismiss Wales as if it is at the other side of the moon.

[Lord Razzall]

No, I actually said that the noble Lord, instead of making party-political, snide comments, should actually learn the facts. The facts are that the Royal Mail at the moment is seriously under pressure delivering to Norwood Green and Hampstead, not to outer Wales, which is easy for Royal Mail to deliver to. That is the truth and he cannot deny it just because he wants to make Labour party-political points.

--- Later in debate ---

[Lord Razzall]

My Lords, I normally try to avoid rising before the Minister’s response. Although the noble Lord does not know my name, I think that he is the noble Lord, Lord McAvoy. One of the conventions in this House is that if you are going to be rude to somebody, as he was, you ought to know their name. I am Lord Razzall.

I am terribly sorry that the noble Lord did not know my name. He called me unctuous. Yes, I probably am quite unctuous, because I am quite polite to various people on his Benches. The only point that I was trying to make, which cannot be denied, is that the Royal Mail cost figures demonstrate easy-to-provide services to northern Scotland and rural Wales. That was the only point that I was making. Why that produced a diatribe against the Liberal Democrats I do not know, but I suppose that that is what he has introduced to this House. I am Lord Razzall, by the way, if he wants to name me.

[Lord Touhig]

The noble Lord suggested that people were not telling the truth. I do not know where he has been this evening—perhaps he has had a very good dinner. However, it is quite improper without any evidence to suggest that either I or the noble Lord, Lord Low—he followed both of us—were not telling the truth.

[Lord Empey]

My Lords, I do not wish to get involved in this particular exchange, but I declare an interest as a Member of the Northern Ireland Assembly.

The point that the noble Lord, Lord McAvoy, makes is valid. Like it or not, people who are furthest away from the centre in any country feel—rightly or wrongly—that whenever there is an economic contraction it comes from the outer areas and goes to the centre. That is not exactly a surprise. I hope that in her response the Minister will be able to reassure people in the regions.

I took the opportunity to make my maiden speech on this Bill at an earlier stage because I regard this service as a fundamental piece of national infrastructure. It is just as important to people as railways, air links, or whatever. It is not only a vital service for individuals. We must remember that we spend large amounts of money pushing rural development. That has not only a European but a national dimension; we spend a lot of money and time trying to develop rural businesses. One of the principal mechanisms that they have to distribute their products is the Royal Mail.

I fully understand that people feel the risk, whenever there is a contracting situation, that people at the outer edges will be disadvantaged. I hope that the Minister will be able to reassure us. I have no difficulty with the regional Administrations being consulted; that makes sense. We are trying to have a balance: not to impose a whole lot of conditions on the sale that make it less likely to happen at a good price for the taxpayer but at the same time to ensure that people in less central areas—let us face it, that applies to areas of England as well as to Scotland and Wales—feel that their interests are being taken seriously into account at the core. I hope that the Minister can reassure the House that, when it comes to consultation on the matter, those interests will be taken firmly into account.