Protection of Freedoms Bill

Baroness Doocey Excerpts

Tuesday 6th December 2011 Lords Chamber

Moved by

[Baroness Doocey]

74: Clause 79, page 70, line 38, at end insert—
“(3) In section 113B of the Police Act 1997, after subsection (4) insert—
“(4A) Prescribed purposes under subsection (2)(b) include licensing authorities determining the fitness of—
(a) taxi drivers to be licensed in London under section 8 of the Metropolitan Public Carriage Act 1869 and paragraph 25 of the London Cab Order 1934;(b) private hire vehicle drivers to be licensed in London under section 13(2)(a) of the Private Hire Vehicles (London) Act 1998;(c) taxi drivers to be licensed outside London under section 47 of the Town Police Clauses Act 1847 and section 59(1) of the Local Government (Miscellaneous Provisions) Act 1976; and(d) private hire vehicle drivers to be licensed outside London under section 51(1) of the Local Government (Miscellaneous Provisions) Act 1976.””

[Baroness Doocey]

My Lords, the purpose of this amendment is to ensure that licensing authorities have access to information disclosed in enhanced criminal records checks, for the purpose of licensing the drivers of taxis and private hire vehicles. I declare an interest as a Member of the London Assembly.

Local licensing authorities must determine whether an applicant is a fit and proper person to hold a licence or whether public safety would be compromised by issuing a licence to a particular individual. Licensed taxis and minicabs provide a vital service in many parts of the country. Both are crucial to the vibrancy and sustainability of the night-time economy. They are particularly important late at night, as other services wind down or become less frequent, but there can be risks. This is why Transport for London, which is responsible for licensing in London, has launched a “Safer Travel at Night” campaign, which stresses the importance of using a licensed taxi or minicab and warns that using an unlicensed car is the same as getting into a stranger’s car.

Anyone who uses a taxi or minicab is effectively putting their faith in the checks that the licensing authority has made into the background of their drivers. Department for Transport figures suggest that women aged 16 to 20 undertake the greatest number of trips in taxis and private hire vehicles. These women would not fall into the legal definition of a vulnerable adult, but they are vulnerable when they get into a taxi or a licensed minicab late at night, particularly if they have been drinking. To ensure the public's confidence in licensing, authorities rely heavily on the information disclosed in an enhanced criminal records check. This provides the authority with valuable information relating to offences and so-called soft intelligence on the interaction between applicants and the police or the judicial system that is not available under a lower level of disclosure. It allows the authority to consider information on the balance of probabilities and to look for patterns of behaviour, which is very important. In some instances, there may never have been any convictions or cautions. However, the additional information provided through an enhanced disclosure can often show a pattern of behaviour that raises alarm bells with the police force and/or the licensing authority.

Earlier this year, licensing authorities were informed by the Criminal Records Bureau that enhanced criminal records checks should no longer be sought for taxi and private hire drivers unless they transported children or vulnerable adults under a contract. That move by the Criminal Records Bureau would end a system that has operated well for the past 10 years in which authorities have been able to base their decisions on information from an enhanced disclosure. In London, approximately 10 per cent of applications for a licence were turned down in that period on the basis of something picked up from the enhanced disclosure. In London alone, that amounted to at least 240 licences annually that were not issued on the grounds of public safety.

The bodies representing the taxi trade recognise the importance of the information provided by an enhanced disclosure to the reputation of their members. The Suzy Lamplugh Trust and London TravelWatch both agree with licensing authorities that the information in enhanced disclosures is crucial to ensuring public safety. This amendment would address their concerns by amending Clause 79 to add at the end a subsection inserting in the Police Act 1997, as amended, a clarification that the prescribed purposes for which an enhanced criminal record check can be sought include the licensing of taxi and private hire vehicles in London and by other licensing authorities in England and Wales. I beg to move.

[Baroness Royall of Blaisdon]

My Lords, I support the noble Baroness in her amendment. It seems extraordinary that taxi companies are going to have to desist from requiring enhanced disclosures. I completely agree with her point that it is not just children and vulnerable adults at risk; many young women, especially when they have had a drink, are extremely vulnerable. I fully support the noble Baroness.

--- Later in debate ---

[Lord Henley]

Anyway, my Lords, I express my gratitude to my noble friend for moving this amendment. She is seeking to amend the Police Act 1997 to make taxi and private hire vehicle drivers eligible for the enhanced criminal record checks. The legislation currently provides that, in the majority of cases, they are eligible for only standard criminal record checks. I assure my noble friend that we have had representations on this issue from the Mayor of London and Transport for London, and at this stage we are actively considering whether a change in the law is needed. In examining this issue, our priority obviously will be to ensure the safety of the travelling public. Further, we hope to come to a decision on this issue very soon indeed—certainly in advance of Report. I undertake to write to my noble friend and, on this occasion, to all other noble Lords who have taken part in this debate when an announcement is made.

I also offer an assurance on one small technical point. Were we to conclude that it was appropriate that all taxi drivers and private hire vehicle drivers should be eligible for that enhanced criminal record check, we could effect that approach through secondary legislation. On this occasion, primary legislation would not be needed as we could do that under the Police Act 1997. Briefly, I say to my noble friend that we are alive to this issue and intend to come to a very early decision that will certainly be before Report, which we have worked out is not likely to be before the beginning of February. I hope, therefore, that on this occasion my noble friend can withdraw her amendment and await that sympathetic letter, which she will get in due course.

[Baroness Doocey]

My Lords, I thank the Minister for that sympathetic response and I look forward to receiving the letter. I hope that this can be sorted out because it is a very serious matter. Most parents, in my experience, say to their young children, “Whatever you do, make sure that you get into a licensed taxi or a licensed minicab so that you will be safe”. I am sure we all want to make sure that it is kept that way. With that assurance from the Minister, I beg leave to withdraw my amendment.

Amendment 74 withdrawn.