Pedicabs (London) Bill [HL]

Debate between Baroness Stowell of Beeston and Baroness Randerson

Monday 11th December 2023 Grand Committee

[Baroness Randerson (LD)]

My Lords, Amendment 11 is in my name. I want to preface my remarks by making it absolutely clear that I am in no way arguing that people who are not legal immigrants should be able to ply this trade. I am simply surprised to see this statement in the legislation, because it is unusual to have something saying that nobody who has not been legally accepted as an immigrant can do this work. This is the type of statement where, when it is put forward in an amendment by the Opposition, the Government reject that provision because they say that it is already adequately stated in other legislation, therefore there is no need to say it again. Their argument goes along these lines: if we included a statement such as this, it would bring forward questions about other conditions that need to be included, and which we all take for granted in relation to a particular occupation, as well as similar issues that are not being restated in the legislation. However, all legislation takes into account previous legislation and what exists as conditions stated in that legislation.

Let us look at the Government’s reasoning in this. They appear to say that there is a prevalence of illegal immigrants involved in this occupation. I fear that that is simply a result of the fact that it has gone unregulated for more than two decades; as a result, it has been a free-for-all. When it comes under much-needed and long-overdue regulation, it will be treated in the same way as we treat taxi drivers: they have to be a fit and proper person; they have to be legally allowed to work; they must have no criminal convictions of a designated type; and they must have a driving licence. I do not understand why we cannot just take that approach here.

If the Minister thinks that it is necessary to have this subsection, as I am sure he will say, can he tell us whether it will become a standard provision in all legislation that involves people’s professions and occupations? Whatever we look at—whether it is teaching or medicine, for example—will we start off by saying, “No one who isn’t a legal immigrant can do this job”? Otherwise, I do not understand why we are saying it here.

The other amendments in my name in this group include Amendment 17, which has cross-party support—I am very grateful for that—and stresses the importance of regulations on noise; Amendment 18 in the name of the noble Lord, Lord Blencathra, is similar. The evidence is that complaints about noise from pedicabs have become increasingly frequent since the pandemic. Basically, what has happened is this: during the pandemic, in this industry—as in so many—there was a crisis and there is increasing competition between pedicab operators. The way they draw attention to and advertise themselves is noise. In fact, noise is the No. 1 complaint of local residents, as opposed to that of the people who take pedicabs. They appear to be immune to it; otherwise, they would not choose the one making it, I suppose. This issue desperately needs some attention. Can the Minister assure us that the regulations will cover noise?

My Amendment 23 relates to the need for a cap on the numbers of pedicabs—I know that local residents think that this is also a good idea. As competition has got fiercer, the numbers of pedicabs operating from inappropriate positions have become an increasing problem. Throughout the UK, it is common for there to be a regulation on the numbers of taxis given permission to operate; the same approach would seem sensible for pedicabs.

Finally, Amendment 26 suggests that the regulations must also cover the issue of cab ranks. Once again, the theme here is the convenience of local residents and their peace and quiet. Because there is noise and so on, the ranks are very intrusive. We have cab ranks for taxis, so there should also be appropriately designated places for pedicabs.

I will make a special plea. The problems associated with the closure of Hammersmith Bridge, which have gone on for years, are very serious for local residents. Let us turn a negative into a positive: pedicabs offer an opportunity for local residents to hire one to cross the bridge, which would be really useful. The local MP, Sarah Olney, has been running a campaign to encourage the Department for Transport to consider this and to designate cab ranks on either side of the bridge to enable that to happen. My simple request is for the Minister to agree to meet me and the local MP to discuss this issue and its appropriateness. I would be grateful for his consideration of that.

[Baroness Stowell of Beeston (Con)]

My Lords, I have added my name to Amendments 17 and 18, in the names of the noble Baroness, Lady Randerson, and my noble friend Lord Blencathra, both of which relate to noise. I add that I am sympathetic to the noble Baroness’s Amendment 26 and the points she raised about cab ranks—I do not mean those to do with Hammersmith Bridge specifically. She makes an interesting argument about the provision for ranks for pedicabs.

As I said on the other group, I am grateful to my noble friend for his letter to all Peers. In Transport for London’s note, which was attached to his letter, it was encouraging to see that it proposes to introduce regulations that will cover, as part of the conduct of drivers, the playing of loud music and causing a disturbance. As I said at Second Reading, the loud music played and amplified by pedicabs is the greatest concern that gets raised by business owners and residents—the noble Baroness, Lady Randerson, is right about that.

I was a little concerned that, in the note TfL prepared, it suggests that some noise offences are already covered by existing legislation. When I read this, I thought that, in that case, either the existing laws are inadequate, or—to return to enforcement—the enforcement of them is not good enough. I acknowledge that, in his letter, my noble friend pointed out that Westminster City Council and the Metropolitan Police have issued penalty notices that have raised around £30,000 in fines over the last two years.

However, I am concerned that the focus on noise will be about night-time noise. It is not only at night that pedicabs and the playing of loud, amplified noise is a problem; it is a serious problem during the day as well. In my noble friend’s opening speech at Second Reading, he referred to the problem of

“blasting loud music at all hours of the night”.—[Official Report, 22/11/23; col. 768.]

In his closing remarks, he referred to the fines issued by the Metropolitan Police or Westminster City Council, saying specifically that these were for the playing of music “after 9 pm”.

One of the reasons I am keen to see noise added to the relevant clause in the Bill is that noise and the playing and loud amplification of music is the most significant concern that people have about pedicabs, as I said at Second Reading. I am also concerned to ensure that TfL will take an approach that ensures that the loud amplification of music will not be allowed at all hours, not just after 9 pm. I would be grateful for my noble friend’s response to that.