Taxis and Private Hire Vehicles (Disabled Persons) Bill

David Evennett Excerpts

Committee stage
Wednesday 9th February 2022 Public Bill Committees

[Jeremy Wright (Kenilworth and Southam) (Con)]

It is a great pleasure to serve under your chairmanship, Mrs Murray, and I thank all members of the Committee for their attendance and assistance in scrutinising this Bill today. I hope it will be helpful if I explain what the Bill seeks to achieve, and what its clauses will do.

The Bill aims to amend the Equality Act 2010 to do four main things. First, it creates new duties for taxi and private hire vehicle drivers and private hire vehicle operators to ensure that a disabled person is provided with reasonable assistance, and is not unfairly charged or refused a booking simply because they are disabled. Secondly, it affords disabled passengers assistance in identifying a vehicle where appropriate. Thirdly, it requires local licensing authorities to maintain and publish a list of wheelchair-accessible taxi and private hire vehicles, ensuring that both the new and existing duties are consistently applied. Fourthly, it amends the taxi and private hire vehicle driver exemptions for those with a disability or physical impairment, to ensure they are exempt only from the duties it would be unreasonable for them to fulfil.

Clause 1 would create two new sets of duties in sections 164A and 165A of the Equality Act, and amend the existing duties in section 165 of that Act. Section 164A would create new duties on drivers of non-wheelchair-accessible taxis and private hire vehicles not to refuse carriage to any disabled person who could reasonably travel in their vehicle; to make every reasonable effort to ensure the disabled passenger is comfortable and safe while travelling; and not to charge them any extra for doing so.

The amendments to section 165 would complement section 164A by ensuring that those duties are consistently applied to drivers of designated wheelchair-accessible taxi and private hire vehicles. Section 165A would create new duties on drivers of private hire vehicles and pre-booked taxis to assist any disabled person to identify the vehicle at no extra charge. This would support not only visually impaired passengers, but those with less evident impairments, such as cognitive, memory and learning impairments.

For too long, the Equality Act’s patchwork of rights and protections, based on specific impairments, vehicles and ways of travelling, have excluded many disabled people from basic rights and protections when travelling in a taxi or private hire vehicle. These new and amended duties cover not only any disabled person who can reasonably access a taxi or private hire vehicle, whether it be wheelchair accessible or not, but the range of scenarios in which a disabled person intends to travel. If a wheelchair user intends to transfer to a passenger seat, it cannot be right that they would have rights and protections if they were accessing a designated wheelchair-accessible taxi or private hire vehicle, but would have no rights or protections in a non-designated wheelchair-accessible vehicle. This Bill will put that right.

Clause 4 proposes to add a new offence for private hire vehicle operators who fail or refuse to accept a booking from any disabled person because of their disability, or charge extra for duties that their drivers must fulfil—a right and protection currently offered only to assistance dog owners, which should apply to all disabled people. Clause 5 proposes amendments to sections 168 and 170 of the Equality Act to ensure that the duties not to make, or propose to make, any additional charge for carrying an assistance dog are consistent with the same duties applied in relation to disabled people and wheelchair users in sections 164A and 165A. That clause would also make other minor and consequential amendments in relation to certain definitions and cross-referencing for the numbering of sections.

Collectively, the new and revised duties in clauses 1, 4 and 5 will resolve the inconsistencies in the Equality Act 2010. No matter their impairment or the type of vehicle they wish to travel in, disabled people should not be unfairly treated when accessing a taxi or private hire vehicle. These clauses will provide any disabled person with protections from, and rights not to be subject to, unfair treatment, providing reassurance that they will receive reasonable assistance to travel where they want to go.

[Sir David Evennett (Bexleyheath and Crayford) (Con)]

I have listened with great interest to my right hon. and learned Friend. This is a most welcome Bill. Many taxis in London already do the things he highlights—I am a big supporter of London taxis, because they do a fantastic job and offer a good service—but the new duties are needed to ensure that those with disabilities are treated as fairly and equally as everybody else. I welcome the Bill, and I put on the record that London taxis are great.

[Jeremy Wright]

I agree with my right hon. Friend: London taxis are great. He will be reassured to learn that I spoke to representatives of London taxi drivers about the Bill. He is entirely right: there are many very good drivers of taxis and private hire vehicles who do all the things the Bill is intended to achieve. But as he will recognise, and as I will repeat in a moment, it is important to raise the standards for all drivers. However, he is entirely right to recognise the good work of London taxi drivers and, indeed, taxi drivers elsewhere in the country.

It is important to note that, to make the Bill work in practice and ensure that taxi and private hire vehicle drivers and operators are not unfairly penalised, defences are in place for cases where a driver could not reasonably have known that a passenger was disabled or required mobility assistance, or where a driver could not reasonably or safely have carried the passenger and their wheelchair or mobility aids. However, in order for the existing duties in section 165 of the Equality Act to work for any wheelchair user intending to travel in a wheelchair-accessible taxi or private hire vehicle, they must be applied consistently across the country.

Clause 3 would amend the existing duties on local licensing authorities in section 167 of the Equality Act, requiring them to maintain and publish their list of designated wheelchair-accessible taxi and private hire vehicles. That matters because it is only by being designated a wheelchair-accessible taxi or private hire vehicle that the duties on drivers set out in section 165 apply. The clause would end the current state of affairs where these duties apply only based on a local licensing authority’s decision to maintain a designated list or not. It would also go further than that, requiring local licensing authorities to publish their lists, providing easily accessible information about locally accessible services to wheelchair users who rely on those wheelchair-accessible vehicles.

Currently, section 166 of the Equality Act allows a driver of a designated wheelchair-accessible taxi or private hire vehicle to apply for an exemption on medical grounds or owing to a physical condition. A driver with an exemption is, by default, exempt from all the duties in section 165, including the duty not to charge disabled passengers extra, which are not affected by an exempt driver’s medical or physical condition. Clause 2 would amend section 166 so that exemptions apply only to duties to give the passenger such mobility assistance as is reasonably required under new section 164A and section 165 of the 2010 Act. Other duties, such as to carry the passenger and not to impose additional charges, would still apply to drivers who hold medical exemption certificates.

Finally, clause 6 covers the extent and commencement of the Bill. First, it provides that the Bill applies to England and Wales and to Scotland. Secondly, it will commence at the end of the period of two months beginning with the day on which it is passed. This will ensure the swift implementation of the rights and protections that the Bill offers disabled people while providing local licensing authorities and drivers sufficient time to review and prepare for the changes. On that point, I stress, as I said a moment ago, that the Bill will not impact the excellent service that the vast majority of drivers already provide to disabled people, as they already fulfil the fundamental duties that the Bill proposes.

During the covid-19 pandemic, for example, drivers provided a vital service, transporting essential workers to their places of work and ensuring that those who needed it most arrived safely at their medical appointments. However, we must ensure that all drivers meet the reasonable duties in the Bill so that any disabled person has rights and protections to access a taxi or private hire vehicle across the country.

I hope that that explanation of the Bill has been helpful to the Committee and that the reasons I have set out make it clear that the law simply cannot continue to provide rights and protections for some disabled people when accessing taxis or private hire vehicles, but not others.