Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Bill

Anthony Mangnall Excerpts

2nd reading
Friday 10th September 2021 Commons Chamber

[Peter Gibson (Darlington) (Con)]

I beg to move, That the Bill be now read a Second time.

This Bill may look familiar to some hon. Members, particularly the hon. Member for Cambridge (Daniel Zeichner), who introduced a similar Bill in the 2017-19 Parliament. I am pleased to see him in his place today and thank him for his hard work on the earlier Bill, and I thank all members of the all-party parliamentary group on taxis, which he now chairs.

I am also indebted to my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) and my hon. Friend the Member for Wealden (Ms Ghani), both former Transport Ministers, who have worked hard on this issue and whose assistance in recent weeks has been invaluable.

I am also grateful to those three Members for co-sponsoring the Bill, along with my right hon. Friends the Members for Romsey and Southampton North (Caroline Nokes), for Scarborough and Whitby (Mr Goodwill) and for Tatton (Esther McVey), the hon. Member for Rotherham (Sarah Champion), the right hon. and learned Member for Camberwell and Peckham (Ms Harman) and my hon. Friend the Member for Ashfield (Lee Anderson).

This Bill has a very simple purpose, which is to ensure that only those fit to hold a licence are entrusted to carry the public. It will enhance public safety by mandating the sharing of relevant and necessary information. Simply put, better decisions are made when more information is available.

Although the Bill’s focus is to protect the public, it will also protect the hundreds of thousands of decent, hard-working drivers from having their reputation tarnished and their profession diminished by the abhorrent behaviour of a small minority who would seek to abuse their position of trust.

Just under 343,000 taxi and private hire vehicle driver licences are currently issued in England. Decisions on licensing are made by 276 licensing authorities. In each case, the authority must reach a decision as to whether a person is fit and proper. Although this is not defined in law, there is, by and large, consistency in safety-related criteria and processes. All licensing authorities require an enhanced Disclosure and Barring Service criminal background check, and virtually all have the enhanced DBS checks carried out. This is reassuring, but it is only part of the picture.

There will be many cases across the country where the conduct of an individual has been unacceptable. However, these incidents might not result in the involvement of the police, let alone a prosecution or conviction. Some incidents may potentially be a criminal offence, but I am sure we all accept that not every crime reported ends with a conviction. That is not to say these incidents did not happen.

This Bill does not trespass into the realm of the Disclosure and Barring Service; rather it provides an additional means to enable the sharing of relevant information. Neither does it alter any of the existing processes that enable a driver to challenge the decision of a licensing authority. It will require licensing authorities to keep registers of licences issued and to make this information available on request. There is no mandatory requirement to share information with other licensing authorities on revocations, refusals or suspensions. Some licensing authorities do use the voluntary national register of taxi and private hire licence revocations and refusals—quite a mouthful, but it is commonly referred to as the NR3. It is commissioned by the Local Government Association and operated by the National Anti Fraud Network. Although some licensing authorities check information on NR3, others rely on applicants self-declaring whether they have had a licence refused, suspended or revoked. As one might expect, those with something to hide are unlikely to declare it, even if they face a greater sanction for not doing so.

Where an authority does not use NR3 to ensure a complete picture, a licensing authority would have to individually contact every one of the other 275 licensing authorities, somehow provide a unique identifier, and await all relevant or nil responses. Such a process is clearly impractical. I am informed that this has resulted in instances where a driver, having been refused a licence for safeguarding reasons by one authority, has then had their application accepted by another, in ignorance of the original safety concern. Once a licence has been granted, it is only the licensing authority that issued it that can revoke or suspend a driver’s licence. Although the expectation is that licensing authorities in one area will report concerns that they may have about a driver licensed by another authority and that those concerns will be acted on, there is currently no legal requirement to do so.

This Bill builds on the approach set out in the statutory taxi and private hire vehicle standards issued by the Government in 2020, which recommends that licensing authorities share information with other authorities, as better information will mean better decisions. The objective is to improve the knowledge of the tax and private hire vehicle trade’s gatekeepers and enforcers: the licensing authorities.

The first part of the Bill is intended to ensure that in their role as gatekeepers to the trade, licensing authorities have as much relevant information as possible when considering new or renewal licence applications. The second part is intended to ensure that, in their role as enforcers, licensing authorities are aware of any incidents involving their drivers, even when they are working in other areas.

I appreciate that there are those here and elsewhere who would like to see wider reforms to our legislative framework, under which taxis and private hire vehicles are licensed, but more substantial changes cannot be done through this Bill. Indeed, in my engagement with industry bodies and operators, many suggestions have been put forward to me about what other wide-ranging improvements could be made, but this Bill simply focuses on passenger safety, which is a key concern to all of us in this House.

The Bill would require all licensing authorities in England to record and input into the database instances where they have refused to grant or renew a driver’s licence, or have suspended or revoked a licence, because of a certain safeguarding or road safety concern. When processing applications, licensing authorities will be required to search the database for any relevant entries made and request any relevant information that the first authority relied on to make their decision. The authority processing the application must then have regard to the previous information when making its own licensing decisions.

[Anthony Mangnall (Totnes) (Con)]

I congratulate my hon. Friend on bringing this Bill to the House. I noticed that clause 1(g) includes as “relevant information”, whether an applicant

“has threatened, abused or insulted another person”.

That is quite a broad position, which could be misinterpreted by different local authorities. I am quite interested in what my hon. Friend thinks needs to be done in terms of an appeals process in case someone is taken off the road, because that is how a local authority has interpreted whether someone is suitable to be a licensed vehicle driver, taxi driver or whatever it may be. Is there more to be done on the appeals process?

[Peter Gibson]

My hon. Friend raises an important concern. The Bill would not change or constrict licensing authorities’ existing discretion to grant licences to drivers.