Pedicabs (London) Bill [Lords]

Florence Eshalomi Excerpts

2nd reading
Wednesday 28th February 2024 Commons Chamber

[Guy Opperman]

There is quite a lot to unpick from that question on events of 20 years ago, but I will do my best.

First, the Government do not want to regulate any particular part of the sector out of existence, and, in fact, pedicabs exist elsewhere. Secondly, I am absolutely confident that we can have a situation in which people are charged an appropriate fee for what is a physical activity—charging for cycling someone around the flattish streets of London is fairly simple stuff—and pedicab operators get a proper return for their endeavours while making sure the cost is not £500 for five minutes. It is perfectly possible for us to create a proper market where there are safety checks in the usual way without pedicabs no longer being in existence.

The point is answered by my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken): as she rightly points out, a number of pedicab operators want to get rid of the bad actors so they can thrive. There is nothing fundamentally wrong with that—there really is not. There is space in the great city of London for the black cab industry, the private motor vehicle industry in the form of private hire, and pedicabs; all three can and should co-exist, along with all the buses, the tube and the like.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I agree with the Minister about the mixture of transport modes we enjoy in London—and people should also be able to enjoy that across the rest of the nation. Bringing us forward to the last few years as opposed to 2004, when I chaired a transport committee on the London Assembly in 2017 we looked at accessibility and ensuring access to different transport modes in the capital. Does the Minister agree that by bringing forward this legislation and helping Transport for London to set the regulation, we will have licensed pedicabs with clear operators, allowing for a licence duration, fees, suspension and clear charging, which will help pedicabs add to the mix of transport modes in London?

[Guy Opperman]

It is hard to disagree with those points, but I accept that my hon. Friend the Member for Christchurch (Sir Christopher Chope) has concerns and I want to try to try to address some of his points. This is not something that just one side of the House is seeking; all parts of the House are seeking it, as have successive Mayors, including Mr Boris Johnson, late of this parish, who enthusiastically supported it.

I accept entirely that some may have concerns about Transport for London not being part of the Government as such, but successive Mayors of different political persuasions have been happy for TfL to run this appropriate regulation. The hon. Lady touches on a variety of points, but clearly there are other issues, such as noise, the persistent and ongoing blocking of footpaths—which unquestionably has significant issues for accessibility—and the general causing of nuisance. Without a shadow of a doubt, there are plentiful examples to show why this measure has been called for on a repeat basis and why the Government should act in this space.

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[Florence Eshalomi]

Does the hon. Lady agree that this regulation is not just about ensuring a fair and transparent fare model, because TfL will have the option to ensure that those drivers undergo criminal checks and that they have the right to work in the UK?

[Nickie Aiken]

I thank the hon. Lady for her intervention, as it comes to the crux of why I wanted to introduce this legislation: I want to make these vehicles safe, not only through ensuring that they are passing MOTs and are fit to be on the street, but by ensuring that the drivers are safe. Again, as a result of the operations that the police and Westminster City Council have undertaken over the years, we have found asylum seekers who have not got the right to work driving these pedicabs, and we have found illegal immigrants who have not got the right to work here. Let us not forget that those people are also being exploited. One reason it is important to have regulated pedicabs is that it will ensure that drivers have rights.

We also have to ensure that we have a regulated, fair system in place. Operators must adhere to the highway code and not play blaring music at all hours of the day and night. It is time that pedicabs in London were regulated, as black cabs, Ubers and private hire vehicles are. I hear what my hon. Friend the Member for Christchurch (Sir Christopher Chope) says about what the Licensed Taxi Drivers’ Association said 20 years ago. In my own meetings in the last couple of years, taxi drivers have been very clear that they want a level playing field. They do not expect pedicabs to be banned; they just want them to be as safe as black cabs. Why should a black cab driver have to jump through so many hoops to get on the road, when a pedicab driver can literally get on a pedicab, go on to the streets of Westminster and ply for trade? It cannot be right, and we have to ensure that the whole system is fair, just and legal.

Parts of my constituency, including Soho, Covent Garden, Marylebone and Fitzrovia, can become like the wild west. It becomes the wild west end at times because of the sheer number of pedicabs on the streets. Too many play extraordinarily loud music, often block roads and pavements, disrupt residents and businesses, and have a poor track record of exploiting London’s tourists.

I am extremely grateful for the wide range of support that I have had for securing pedicab regulation from local people across the two cities, from residents associations such as the Soho Society, the Marylebone Association, and the Covent Garden Community Association, and from businesses including the Hippodrome, Heart of London Business Alliance and the New West End Company. I also thank Roger Geffen from Cycling UK, Chris Dixon from Pedal Me, and Friedel Schroder from the London Pedicabs Operators Association, who have been on this journey with me and always provided me with the information and support for what I intended to do.

The reason pedicabs are not regulated in London, as we have heard, can be traced back to the fact that, under the Metropolitan Public Carriage Act 1869, pedicabs in Greater London are defined as a stage carriage. Modern legislation has not corrected the issue, and thus pedicabs do not fall under Transport for London’s licensing powers. As a result, pedicabs are currently the only form of public transport that is not regulated in London. The Bill corrects that, clearly outlining that, to attain a licence to operate a pedicab, operators must adhere to several requirements pertaining to their pedicabs. The requirements relate to the road-worthiness and cleanliness of pedicabs, safety and insurance, the type of equipment that must be carried onboard, the appearance and marking of pedicabs, and the conduct of pedicab operators.

I must thank the noble Members of the other place, where the Bill began its parliamentary journey, who have improved the Bill and ensured that it is as watertight as possible. I put on record my gratitude to the transport Minister Lord Davies of Gower for his excellent stewardship of the Bill through the other place, and for joining me and today’s Minister, my hon. Friend the Member for Hexham (Guy Opperman), on a visit to Leicester Square on a Sunday evening to see the situation for himself. I am sure that it was enjoyable, and a different ministerial visit than they are both used to. In that time, we saw four pedicabs blocking a pavement, which would have prevented an emergency vehicle, be it an ambulance, fire engine or police vehicle, from entering Leicester Square had there been an incident. Pedicabs have to be properly regulated to ensure that the public are safe.

The other place has tightened up the definition of a pedicab to prevent any adjustments from being made to a pedicab to get around the licensing requirements. Not only will the Bill ensure that the conduct of operating a pedicab is regulated, but it will provide Transport for London, which will operate the licensing scheme, with the powers to implement a proper, fair system like the ones for black cabs and Ubers. Rip-off fares from pedicabs are a constant theme in my inbox, and in media coverage.

[Florence Eshalomi]

I thank the hon. Lady for making such a powerful speech on why we need regulation. Is she aware of the BBC Democracy report on its undercover work looking at the fee charges? One pedicab charged a flat fee of £5 per minute and another reportedly close to £500 for a 10-minute ride. Does she not think that that is an extortionate rip-off?

[Nickie Aiken]

I absolutely agree and thank the hon. Lady for her points. The BBC Democracy report was fascinating about some pedicab drivers, although I must make the very important point that not all pedicab drivers are rogues. There are brilliant organisations and companies such as Pedal Me—I have worked with Chris Dixon, the founder—which is an outstanding pedicab company that looks after its drivers properly, and its vehicles. I want all pedicabs to be like that. The BBC Democracy report, however, showed that some pedicabs drivers are being used for drug dealing and taking people to brothels, where they deserve what happens if they go to some very dodgy club. That is why we have to regulate and ensure that drivers are fit to carry passengers and that they are legally able to work in this country, more than anything.

Such pedicab fares are in the media constantly, especially when pedicab operators take advantage of vulnerable tourists enjoying the incredible cultural offer of the west end. A constituent who came across one such tourist incident wrote to me:

“The Pedicab operators got very aggressive when the Americans refused to pay £300 for a journey from Trafalgar Square to Great Smith Street”,

which is a journey of 0.8 miles. I welcome the Bill’s providing Transport for London with powers to set what fares can be charged, when and how passengers must be made aware of the fares, and what methods of payment are acceptable.

Perhaps the most popular part of the Bill for my constituents is the provisions on riders’ conduct, which thanks to the other place have been strengthened to include noise limits. The frustration local people often face due to the loudspeakers many pedicabs carry was best summed up by a constituent who told me:

“I have no choice but to listen to music hour after hour, day after day, and often until the early hours of the morning. They are left in situ, able to do it, as they all know the council and the police have no powers to stop them”.

I was therefore pleased to see the other place strengthen the Bill’s ability to tackle unreasonable noise levels by adding noise restrictions to the conduct requirements that operators must meet in order to keep their licences.

[Florence Eshalomi]

The hon. Lady may know that a number of pedicabs congregate outside St Thomas’s Hospital in my constituency, where patients are recovering from lifesaving treatment. Does she agree that having that noise blaring out in the early hours of the morning is totally unreasonable?

[Nickie Aiken]

It is completely unreasonable; the hon. Lady makes a good point. Not only hospitals are affected; hotels are losing business. If a pedicab is outside a hotel in the west end at 2 in the morning and does not move for hours, patrons rightly complain and ask for their money back. This is not just about residents and hospital patients, but about businesses losing money.

I am pleased about the noise levels being added to the restrictions. As my constituent rightly pointed out, pedicabs can get away with acting like that, because there are no powers to contain them. The Pedicabs (London) Bill will bring that to an end, I hope. Those operators who do not adhere to their new licence terms can be given a fixed penalty notice. If the conduct of operators does not improve after that, Transport for London reserve the right to demobilise, seize and dispose of pedicabs that contravene the regulations. That will make a huge difference.

Finally, I will touch on the role of Transport for London. I put on the record my sincere thanks to Will Norman, the Mayor of London’s walking and cycling commissioner. He has worked closely with me on my private Member’s Bills and has been a huge advocate for pedicab regulation.

I note that in the other place an amendment was tabled to allow the Department for Transport to provide Transport for London with statutory guidance on pedicab regulation. I agree with that and welcome the fact that the Government have accepted that amendment. TfL is the correct body to oversee regulation, as it currently regulates licensing for all other taxi and private hires.

It may have taken four private Members’ Bills, an abandoned transport Bill and years of lobbying and campaigning by politicians from across the political divide, but I am confident that the Pedicabs (London) Bill will finally become law, the streets of London will be safer, and we will have a safe and thriving pedicabs industry.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

It is an honour to follow my constituency neighbour, the hon. Member for Cities of London and Westminster (Nickie Aiken). I thank her for her work in bringing the Bill to this stage, and pay tribute to Members for the cross-party support that it has received. The Bill is supported by the Mayor of London, by my borough council—Lambeth Council—by Westminster City Council, by the Royal Borough of Kensington and Chelsea, and by hon. Members from across the political divide.

I share Westminster bridge with the hon. Member for Cities of London and Westminster: half the bridge is in Vauxhall; the other half is in the City of Westminster. I regularly cross the bridge on my way to work. I need not tell any Member that that bridge can be busy; you literally have to fight to get across it—in some cases, for your life. I want the bridge to be busy, because that means that tourists are coming to London, our night-time economy is thriving, my constituency on the south bank is seeing those visitors coming and spending, and people are supporting our local businesses. It means that people are able to thrive—and that is what we want. It is what makes London unique, so it is important that we celebrate the fact that more and more people are coming to Westminster bridge and parts of central London. However, we also want people to have a good experience.

[Sir Christopher Chope]

In that case, why is there still a proliferation of unlicensed market stalls selling hot dogs and blocking the pavement with impunity on the Lambeth side of Westminster bridge?

[Florence Eshalomi]

I continually raise that issue with the Lambeth North safer neighbourhood policing team, with Lambeth Council and, rightly, with the Met Police Commissioner. I have said to the commissioner on a number of occasions that, yes, there are many major policing challenges in London, but that activity is a blight on a key part of London that receives so many tourists. There is also the crime element of those things. Through work with the safer neighbourhood team led by Sergeant Watson, we have seen a number of prosecutions in recent months, and I hope that with more support and funding for our police officers, we can eradicate that activity for good.

Pedicabs are part of the experience for many visitors to London. The Bill’s main purpose is not to ban them outright, but we cannot deny that, with their current unregulated status, they are creating serious risk and problems for tourists, residents, the road network, and, as the hon. Member for Cities of London and Westminster highlighted, for the drivers themselves. Currently, someone getting into a pedicab has no clear idea of what they are getting into: they do not know how safe the driver is, how roadworthy the pedicab is, or how often it has been cleaned. Not only is that dangerous for everyone on board; it also disadvantages those who spend money maintaining their pedicab only to see their hard work, trust and investment damaged by those who continue to take risks. It is right that clause 2(6)(a), (b) and (c) give Transport for London the power to create a clear safety and cleanliness standard so that people can trust that the pedicab they are using is not dangerous.

I also welcome the amendment to clause 2(6)(i) made in the other place. I confess that when I am driving, sometimes I like listening to music. I will not tell you my choice of music, Madam Deputy Speaker, but it ranges from Beyoncé and the Spice Girls to Taylor Swift and Usher Raymond. We know that when it comes to pedicabs, music can also be part of the experience; it goes a long way, but I have had constituents complain about the loud music from pedicabs and the noise nuisance that they create in residential areas, as the hon. Member for Cities of London and Westminster also outlined. It is right that we give TfL the power to act on that.

While a lot of our focus may be on the problems customers face in pedicabs, it is also right that we look at the working conditions of their drivers. Many drivers find themselves being exploited; they work long hours and tiring shifts in close proximity to extremely loud music, and—let’s be honest—some face abuse from customers, with very little protection. It is therefore right that clause 2(6)(h) allows provisions to be made relating to the working conditions of drivers. I hope that is not forgotten when TfL drafts the regulations.

Like many people, I also welcome clause 2(5), which relates to how fares are advertised, charged and paid for; we have heard many stories and anecdotes of how those fares are not fair. I do not think any of us expects that pedicabs will, or should, become a cost-effective way of travelling around our capital, and it is clear that many people getting into pedicabs do so because of the wild and wacky experience they offer—those lights can sometimes be quite attractive, especially when the pedicab has pink fluffy feathers as well—but there is a big difference between paying a premium for an experience and, frankly, being exploited. As the Minister touched on, the BBC reported in July on a Belgian tourist who was charged £464 for a mile-long ride. When she complained, the driver demanded immediate payment, making her feel really threatened. Do we think any tourist who has had that experience will want to come back? Do we think they are going to tell their friends and family, “Come to London”, when this is what can happen?

This is not about just one egregious case; as we have heard, there are many other cases of such exploitation. Many tourists have been advertised trips between the likes of Westminster bridge, just outside this place, and Trafalgar Square without knowing how close they are, and rightly feel cheated when they are charged £50 for a 10-minute journey. I know that London is expensive, but come on—that is just a rip-off. It is right that we recognise that pedicabs may charge that little bit extra for those pink flashing lights and the music, but we must strike the right balance between a premium and being ripped off.

London should be one of the best cities in the world to be a tourist, but our current lax regulation around pedicabs destroys not only their image, but that of our rightfully robust standards in other sectors and the experience of the UK as a whole. At present, TfL is unable to act to help ensure pedicabs’ safety, including for passengers, and their fair and transparent operation. In a city of almost 8 million people, pedicabs are the only form of unregulated public transport in the capital. This Bill will allow TfL to set standards for operators and ensure that drivers undergo robust criminal checks. As the hon. Member for Cities of London and Westminster has highlighted, it is long overdue, and it is necessary to allow pedicabs to be a positive part of the London transport network.

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[Sir Christopher Chope]

We could have got this done much sooner than that. We could have got it done in about 2005-06, when Transport for London brought forward a private Bill, including a provision to deal with this matter. However, in that Bill and in subsequent Bills, we have always encountered the difficulty that Transport for London has been unwilling—I do not think it was unable, but it was unwilling—to produce any draft regulations, so we were being asked to approve potential legislation that was blind as to what would be contained in it.

It is interesting, is it not, that all these years have gone by, and one might have expected by now that Transport for London would have a document with detailed draft regulations for pedicabs but it has not got anywhere near that? Indeed, when I was privileged to be invited to a meeting that my hon. Friend the Member for Cities of London and Westminster organised, it was clear at the meeting that Transport for London was unable to produce any draft and was unable to say how long it would be before it would produce one. It was unwilling to produce a draft to inform debate on the private Member’s Bill that my hon. Friend was promoting.

So is it surprising that there is a lot of suspicion around this issue? People think that the ulterior motive of Transport for London is to regulate pedicabs out of existence. Obviously, we can say that that is not the intention, and all the rest of it, but if the consequence of this legislation is that pedicabs will be extinct in a few years’ time, we as legislators should be asking whether we really want that situation to arise. I certainly do not want that situation to arise, and I am concerned that there has been a lot of misrepresentation about the extent of the support for the Bill. In principle, there is support for the Bill, because all the regular pedicab operators would love to have a light regulatory regime to get rid of the rogues on the streets.

[Florence Eshalomi]

Let us go back to the history of the Bill, and the proposals from many different politicians from across parties, organisations and business improvement districts right across London, and the councils in the 32 boroughs of London. Does the hon. Member believe that they, as representatives of London, speaking for their residents and businesses, would see why we need this Bill?

[Sir Christopher Chope]

I see that, absolutely. I have already referred to that London Assembly Transport Committee’s scrutiny report on the future of London’s pedicabs, which was published in February 2005. In that report, that committee makes it quite clear that it is in favour of very light regulation of pedicabs, not the heavy-handed regulation that seems to be envisaged at the moment and that is certainly feared by organisations such as Cycling UK.

[Florence Eshalomi]

The hon. Member keeps citing the 2005 report. Does he appreciate that, 20 years on, the transport system in London has moved on, is more diverse and is more accessible? Does he agree that regulating these pedicabs will help improve the transport network for residents, businesses and tourists coming to London alike?

[Sir Christopher Chope]

I think the jury is out. I say that because Transport for London has discretion to decide, for example, whether to introduce 20 mph zones. We know that it also has discretion over whether to outlaw vehicles of a particular type, such as diesel vehicles, or to introduce ultra low emission zones. It has that discretion, but many people living in London—particularly outer London, where they are dependent on their cars or vans for going about their normal business—think that Transport for London has abused its powers. Indeed, they have asked the Government to intervene, and that is the message that came out of the Uxbridge and South Ruislip by-election, which the hon. Lady may remember. Is Transport for London to be trusted? The short answer is that it has not behaved responsibly on the extension of the ULEZ charges across the whole conurbation. How do we know it is to be trusted on this if we give it a blank cheque on which to write?

[Florence Eshalomi]

Does the hon. Gentleman agree with me, a lifelong Londoner, that some of the measures he has outlined, such as 20 mph limits, ULEZ and the congestion charge, are all benefits to help improve transport in London and air quality? We have a major issue with air quality. When we step out from this building on to Westminster bridge in my constituency, the air quality is quite bad. We have a major issue. We are trying to get more people to be active and to use public transport, but that will only happen if measures, such as the ones he has outlined, are introduced with the support of Londoners, the councils and residents in London. Does he agree?

[Sir Christopher Chope]

I am afraid I do not agree with everything that the hon. Lady is saying, but I agree about the desirability of having emissions-free forms of transport in London, and one such emissions-free form of transport is the pedicab. I do not understand why the hon. Lady seems to be relying on Transport for London legislating with a heavy hand to exclude that sort of activity.

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[Sir Christopher Chope]

My right hon. Friend is right. So often in this place we find ourselves introducing new legislation because the legislation in place is not being enforced. My hon. Friend the Member for Cities of London and Westminster did not mention this, but is it not extraordinary that it took the City of Westminster so long to start using powers that it already has to control “pedicab chaos” as it put it, to start prosecuting rogue pedicab operators. The City of Westminster issued a press release on 20 December priding itself on successfully prosecuting six pedicab operators in Westminster magistrates court, which resulted in fines nearing £3,000. That shows that laws are already in place but they are not being adequately enforced, as my right hon. Friend the Member for North West Hampshire (Kit Malthouse) said.

[Florence Eshalomi]

I agree on the safety of e-bikes. Tragically, a three-year-old was hit by an e-scooter on 19 July 2021 in Myatt’s Field park in my constituency. Thankfully, she did not die, but she was left with life-changing injuries. There is a real issue about the safety of e-bikes. Does the hon. Member agree that many pedicabs obstruct cycle lanes and cause danger, and that is why we need clear regulation to ensure that they follow the highway code and the code of practice?

[Sir Christopher Chope]

I am very much in favour of regulation where it is necessary. To take the hon. Lady’s own council, Lambeth, I recall reading in a national newspaper in the past few days that because it has not complied with regulations on street signs to prohibit entry into low-traffic neighbourhoods, it has been able to fleece the motoring public of many millions of pounds. [Interruption.] The hon. Lady is laughing, but it is not funny to the motorists who have suffered and paid those high penalties. It is not as though the money that Lambeth has recovered through those foul means has been reinvested into improving the road network. As someone who has the privilege—if I can call it that—of living in Lambeth, I can see with my own eyes the poor state of the pavements and highways there.

[Florence Eshalomi]

What the hon. Gentleman is referring to, as the Minister knows, is the trial of a low-traffic neighbourhood in the constituency of my hon. Friend the Member for Streatham (Bell Ribeiro-Addy), off Streatham High Road. That is still in its trial period and the council is consulting on it. Does the hon. Gentleman agree that my local authority is having to scale back on the things that it wants to do because of the cuts it has faced over the past 14 years? It would be helpful is we lobbied the Chancellor on a cross-party basis to fund local government adequately.

[Sir Christopher Chope]

I will not be drawn into the Lambeth-Wandsworth comparison. When I was the leader of Wandsworth council, we helped secure the lowest council taxes in London, while Lambeth had among the highest. The hon. Lady would be well advised to keep away from the efficiency or otherwise of Lambeth Council.

Let me revert to the subject matter this afternoon. Roger Geffen’s briefing has drawn attention to the definition of pedicab in clause 1(2), which is:

‘“pedicab” means a pedal cycle, or a pedal cycle in combination with a trailer, that is constructed or adapted for carrying one or more passengers and is made available with a driver for hire or reward’.

The point made by Cycling UK is that a pedal cycle may be used for the delivery of goods, so why should it be controlled under the provisions in the Bill? It may be used by somebody not plying for hire, but taking a passenger in a pedicab as a result of a hire agreement entered into not from a public highway but as a private agreement. For example, hotels and hospitality centres in London may wish to use the services of pedicabs as a privilege for their customers, so they can visit the west end and not have to struggle on public transport, while, at the same time, enjoying the fun of travelling by pedicab. Why should pedicabs in that situation be outlawed under the definition in the Bill? That is a concern. Coupled with that is the concern expressed that the plying for hire of pedicabs is too broadly drafted, because it excludes private hire but would not exclude private hire, on a definition in the Bill, relating to pedicabs exclusively. That is the detail relating to clause 5.

I hope my hon. Friend the Minister has looked at the briefing from Cycling UK, because it is very balanced and well argued. It reinforces the point made at the beginning of the debate:

“Cycling UK and the London Pedicab Operators’ Association (LPOA) has been calling for such a framework for over 20 years. Had it been put in place, the ‘wild west’ situation which now exists in London could have been averted. However, it needs to be clear that the regulatory framework’s objectives are to support a safe and responsible pedicab sector, and not potentially to kill it off... The Bill as drafted contains no safeguards to assure us on this point.”

If my hon. Friend the Member for Cities of London and Westminster can provide the safeguards that will be contained in the Bill but are not in it at the moment, I am happy to give way. [Interruption.] I thought she wanted to intervene, but obviously she does not want to draw attention to the safeguards that Cycling UK, which she prayed in aid as a supporter earlier on, says are missing from the Bill. My hon. Friend seems to be asserting that they are in the current Bill. If that is the situation, I would like to see where they are. I would not have thought that that was an unreasonable request.