Air Quality (Taxis and Private Hire Vehicles Database) (England and Wales) Regulations 2019

Baroness Vere of Norbiton Excerpts

Thursday 11th April 2019 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the draft Regulations laid before the House on 31 January be approved.

[Baroness Vere of Norbiton (Con)]

My Lords, this instrument, if approved by Parliament and made, will require licensing authorities in England and Wales to supply certain information relating to taxis and private hire vehicles—PHVs—that have been licensed to operate in their areas. It enables the Secretary of State to create a database to hold that information and for it to be shared for enforcement of local air quality measures. This database will be used by local authorities for the purposes of enforcing locally introduced clean air zones. These zones will apply charges in respect of taxis and private hire vehicles, and the information on the database will enable local authorities to differentiate taxis and PHVs from other vehicles when entering the zone.

The instrument makes provision necessary for implementing the United Kingdom’s obligations under the ambient air quality directive 2008/50/EC and otherwise in the respect of management of air quality. It is made using powers under the Environment Act 1995. Air quality is a devolved matter. However, the regulations extend to England and Wales and apply to all 315 taxi and PHV licensing authorities, including Transport for London. Given the geographic location of charging clean air zones, it is important that all taxis and PHVs registered in England and Wales are recorded on the database.

Air pollution has reduced significantly since 2010, but more still needs to be done to improve the quality of the air we breathe. The most immediate air quality challenge is the nitrogen dioxide concentrations around roads. That is the only statutory air quality limit that the UK currently fails to meet. Due to the highly localised nature of this problem, local knowledge is crucial in developing solutions, but with the UK Government taking a strong national leadership role. That includes providing financial and expert technical support to local authorities in England as they develop bespoke and innovative plans to bring down levels of this pollutant as quickly as possible. The Welsh Government are taking a similar approach with two local authorities in Wales.

A clean air zone is a defined area where targeted action is taken to improve air quality. Charge-based access restrictions may apply. The July 2017 UK plan for tackling roadside nitrogen dioxide identified that, at the national level, clean air zones that charged all vehicles that did not meet the required emissions standard were the measure that would achieve compliance with statutory nitrogen dioxide levels in the shortest possible time. The plan requires English local authorities with exceedances to explore whether they can find quicker alternatives.

The Clean Air Zone Framework, published in May 2017, sets out the minimum requirements for a clean air zone and the expected approach to be taken by local authorities when implementing and operating these zones. Where charging is necessary it should be structured so that vehicles that have a relatively larger impact on nitrogen dioxide levels, on a per-vehicle basis, should be targeted first so that the overall impact on individuals and businesses is reduced. Taxis and private hire vehicles are high-frequency users and thus have a disproportionate impact on air quality on a per-vehicle basis. A number of local authorities have already consulted on proposals for their local solutions and for some this includes the introduction of a charging clean air zone. Leeds City Council and Birmingham City Council will start to operate clean air zones from early next year.

There are four classes—A to D—of charging clean air zones in England, all of which charge pre-Euro 6 diesel and pre-Euro 4 petrol taxis and PHVs. Only class D clean air zones will charge personal cars. Local authorities considering class A to class C clean air zones have identified the need to differentiate taxis and PHVs from private cars and have asked the Government to create this database to help them to achieve this.

Local authorities hold information only on taxis and PHVs licensed in their areas. They are not able to identify those licensed by another authority. Hence, there is a need for all licensing authorities to provide information, such as the vehicle registration number and the start and expiry date of the vehicle licence, to a central database at least once a week. The effectiveness of clean air zones will be dependent on having a complete data set for taxis and PHVs. The database will form part of the wider infrastructure being developed by government to support charging clean air zones.

Defra officials carried out a public consultation between 5 October and 2 November 2018 on the proposals to create this database. Just over 100 responses were received, about 40% of which were from licensing authorities. The majority of respondents were in favour of the database. Those who did not agree did so for a number of reasons, including concerns that the database would duplicate the information already held by the DVLA, which is not the case, or because they felt the database should be expanded to include further details, such as those relating to drivers of taxis and PHVs. Some opposed the charging of taxis and PHVs in clean air zones more generally.

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[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the Minister for her introduction and for organising a helpful briefing with officials before this debate. I declare an interest through my involvement with the charity ClientEarth. It is a breath of fresh air to be debating an SI that is not connected to Brexit. It is a joy on the last day of term. I hope that this is the first sign that normal service is beginning to be restored.

As the Minister said, the SI is, in itself, fairly straightforward, establishing as it does a central database for licensing authorities to record details of taxis and private hire vehicles to enable enforcement of local air quality measures. We have long supported the rollout of clean air zones to tackle air pollution and therefore will not object to this SI. However, sadly, the Government have been consistently slow in addressing the growing public health crisis, which has arisen from illegal levels of nitrogen dioxide. This proposal once again seems to be a partial solution to a huge national problem. Time and again, ClientEarth has successfully won cases in the courts arising from the Government’s failure to tackle the air pollution crisis effectively. The jury is still out on whether their latest version of the clean air strategy is bold enough.

The central problem with the Government’s strategy, which we are dealing with and has been raised by a number of noble Lords in the debate, is that it places the onus on delivering clean air on cash-strapped local authorities and does not provide sufficient leadership and resources from the centre to make it happen. The result is that local authorities have been repeatedly missing deadlines for bringing air pollution into safe limits. The Government have known for some time that the quickest way to address the problem is to introduce clean air zones linked to charging for polluting vehicles, but they have been reluctant to require authorities to take these measures. As a result, some have and some have not. It is still unclear what will happen to the authorities that do not clean up their air quality in a timely manner.

Turning to our specific proposals, first, it would have been easier for the Government to establish a national database at the outset into which local authorities could feed data, rather than waiting for local databases to be set up and then trying to co-ordinate the different IT systems. Could the Minister clarify whether this was considered, and why this proposal is only now, belatedly, in this form before us? Also, the regulations designate only that the Secretary of State “may create a database” for the information received. Can the Minister explain why it does not require the Secretary of State to produce a database, given that this seems to be the whole purpose of this SI?

Secondly, as the Minister explained, the original SI was withdrawn and reissued. It was considered by our colleagues in the Commons on 26 February, and we are dealing with it here today, 11 April. The SI has an operative date of 1 May, so can the Minister assure us that this gives licensing authorities enough time to prepare for this new requirement? If, as I think it does, it covers London, which already has clean air zones, can the Minister assure us that arrangements with the Mayor of London to feed into that database will be in place by 1 May, and, if not, what provisions are being made for that?

Thirdly, I was interested in the debate on the SI in the Commons. The Minister there was asked how the databases would differentiate between a vehicle when it was being used for work and when it was being driven for personal use. She replied that this was an issue for local authorities to decide—in other words, she passed the buck back to the local authorities. I found that answer rather unsatisfactory. There is a real gap in the way that the system is being set up by devolving the responsibilities to local authorities. The least the Government could do to resolve this is to issue some sort of guidance at a national level, so that the matter is dealt with consistently across different local authorities and licensing authorities. Can the Minister explain how local and national databases will be able to differentiate between private and public use to enable proper charging to take place?

Finally, the SI creates another government database, with details of the approximately 300,000 taxi and private hire vehicles in England and Wales. This raises a question about the security of the data and the uses to which it might be put. Am I right that the data will not include details of the driver, but just the vehicle that has been licensed? Could the Minister provide reassurance that the data will not be used for other purposes, such as being cross-referenced with immigration or taxation databases? Could she envisage any other purposes for which this database might be used, even in extreme circumstances?

As I said at the outset, this SI provides only a partial solution to the challenge of cleaning up our air quality. It lacks the urgent national action that we feel is necessary to really make a difference. We need tighter, legally binding limits on pollution levels at a national level, with penalties for those who transgress. The forthcoming environment Bill provides an opportunity to make this a reality. Therefore, I hope the Minister can reassure us that the Government will use it to make the huge changes that will clean up our air for good. I look forward to her response.

[Baroness Vere of Norbiton]

I thank all noble Lords for their contributions to this short debate. I am very pleased that I had the Question on air pollution earlier this week. It was a bit of a heads-up as to what might be heading in my direction going beyond the remit of the SI today—as is always the case.

Taking the questions in order, I will go first to those from the noble Lord, Lord Adonis. It is a pleasure to have him join an SI debate—and a non-Brexit one at that—and I welcome the important questions he has raised. “Regulatory triage assessment” is, yes, a very government type of term. It is similar to an impact assessment, but rather than looking at the impact outside government, it looks at the impact inside government, in this case on the licensing authorities, the amount of work they will have to do and the cost of it.

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[Lord Scriven]

I have sat on a licensing committee. We do not have that kind of detail at local authority level. The only way to determine that would be whether the person had a fare in the cab or vehicle at a certain time. Local authorities will not, therefore, be able to make a determination based on the information which the Minister has just referred to. We are going to have to have some national guidance which helps all local authorities make that decision. Otherwise, we are going to get decisions, which are not consistent across the country, that will feed into the database—whether or not the vehicle is being used as a private family vehicle. The information being sought is not collated by local authorities at the moment.

[Baroness Vere of Norbiton]

I thank the noble Lord for his intervention. I was not saying that the local authority would have the information, but one would certainly expect it—particularly if it was a larger one—to be in contact with its local fleets of taxis and PHVs to understand the more general working practices. Each of these charging clean air zones will have been set up after local consultation. I expect that is one of the issues which the local fleets would have put into the consultation. We are not minded to provide national guidance at the moment, although obviously that may change in the future. For the time being, we believe that this should be a local decision and that it should be up to the local licensing authorities to come up with a reasonable solution for what works in their areas.

Security of data is obviously an important issue. Because of the powers in the Environment Act 1975, under which this is set up, the data can only be shared for the purpose of enforcing air quality measures. The Act limits the information that can be provided to the minimum necessary to identify the vehicle as a taxi or PHV and does not cover any personal data about the licence holder.

I believe I have covered pretty much everything.

[Lord Adonis]

I compliment the Minister on her extremely competent response to the debate. If it is in her briefing, could she tell the House the average age of taxis in London and outside it? If not, could she write to me with that information?

[Baroness Vere of Norbiton]

I thank the noble Lord for his kind words. I do not have that information and I am not entirely sure that it exists. If it does, I will certainly write to him, with a copy to all noble Lords. It would be interesting information for all of them to have.

Finally, I turn to the environment Bill and the clean air strategy that we have published. We will look to the Bill to provide the legislative underpinning for how we will be creating a stronger and more coherent framework of targets for all the issues relating to air pollution. I look forward to debating the Bill in your Lordships’ House as soon as possible. I commend the regulations to the House.

Motion agreed.