Pedicabs (London) Bill [Lords]

Florence Eshalomi Excerpts

Committee of the whole House
Tuesday 26th March 2024 Commons Chamber

[Simon Lightwood (Wakefield) (Lab/Co-op)]

It is a pleasure to speak in my inaugural Committee of the whole House on behalf of the official Opposition. As we set out on Second Reading, Labour is clear that the Bill can help to sustain a thriving London pedicab industry that is also safe and trusted by its customers, and we support its progress. However, there are two areas in which Labour believes that the Bill can be improved: pedicab infrastructure, and the crucial safeguard of requiring enhanced disclosure and barring service checks for pedicab drivers.

Amendment 8, which was tabled in my name and those of my Front-Bench colleagues, would enable Transport for London to use pedicab licence fees for investment in pedicab infrastructure in London. Alongside passenger safety and unregulated fare charging, one of the biggest issues presented by unregulated pedicabs is the nuisance of operators blocking pavements and roads as they ply for trade. The Heart of London Business Alliance, which represents over 600 businesses across London’s west end, is clear that pedicabs frequently block pavements and roads outside many of its members’ premises. That can cause chaos at busy periods, such as when many hundreds of people are filing out into the street after a west end show.

The amendment would enable Transport for London to use fees levied from pedicab licences to invest in infrastructure that supports the industry. That infrastructure could include designated pedicab ranks in certain areas, designed to relieve the nuisance of blocked pavements by giving operators a specific area in which to pick up customers. TfL has already set out in its potential licensing framework that it will consult stakeholders on the provision of pedicab stands. I hope that the Heart of London Business Alliance, along with other associations and bodies, including the London Pedicab Operators Association, can feed into those discussions.

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

My hon. Friend is making a good closing speech on why regulation is important. The hon. Member for Cities of London and Westminster (Nickie Aiken) and I share the view that the Bill strikes the right balance between allowing a sustainable and supported pedicab industry to develop, and giving Transport for London the powers that it needs to ensure that the sector runs safely. Does he agree?

[Simon Lightwood]

I agree, but there could be enhanced DBS checks, which our new clause 3 would provide for.

As I have said, TfL has already set out in its potential licensing framework that it will consult stakeholders, and I hope that that will include the London Pedicab Operators Association. Of course, although it is vital that fees are set at a level that enables investment, they must remain proportionate. We are trying to provide for a prosperous pedicab industry, after all, so we must ensure that fees are not prohibitive. Clause 2(4) already provides for TfL to set fees at a level that enables the recovery of costs incurred for administering the licensing scheme. Licensing fees being set on a cost recovery basis is fair and proportionate. Amendment 8 to clause 2(4) would simply grant TfL a degree of flexibility while acknowledging the benefits that investment in pedicabs infrastructure can have.

--- Later in debate ---

[Guy Opperman]

May I put on record my agreement with my hon. Friend? The Department for Transport and TfL have worked closely to make progress. There is a desperate desire to get regulation ongoing, so that pedicabs can go forward as a properly regulated business. To be fair, TfL has put that in writing, and I briefly mention the comments at paragraph 2, which states

“we recognise the need for regulations to not only improve safety but to minimise the other associated negative impacts pedicabs have on London, from congestion on streets and pavements, to loud music causing public nuisance or disproportionate fares undermining London’s reputation as a global tourist hub. Once this behaviour is effectively managed through a regulatory regime however, we believe there are a number of benefits pedicabs may have, especially in central areas, where these services could offer a green and space efficient option.”

I do not think TfL could have been any more clearer about its intent to have a regulatory regime, but also a safe regime.

[Florence Eshalomi]

I thank the Minister for making those points, and I thank the hon. Member for Cities of London and Westminster (Nickie Aiken). It is fitting, as we are coming to the last few debates in the Chamber before Easter, that the Bill has been resurrected perhaps five times. We are nearly there. On what the Minister has just outlined, does he agree that there is cross-party support for seeing a pedicabs industry that works, that supports customers and drivers, and that can flourish? Unfortunately, the current situation is causing tensions, hence why we need this legislation passed quickly.

[Guy Opperman]

It is unquestionable that this Bill has cross-party support. Even my hon. Friend the Member for Christchurch, who has understandable concerns, is supportive of light-touch regulation on an ongoing basis.

May I just address a couple of extra points? It is on the record that the Bill does not require a statement under section 13C of the European Union (Withdrawal) Act 2018, which is good news.

I will be moving my amendment 20. As for my hon. Friend’s amendments, I regret that I will disappoint him, as I do not agree with them, but I will deal with them briefly. Amendment 9 is covered by clause 7(5). Amendment 1 is covered by clause 1(3), which requires a statutory public consultation. We have the updated and published February 2024 guidance. On amendment 2, those bodies will be consulted, and no reasonable consultation could possibly go ahead without them being involved. Amendment 4 is dealt with by clause 7. Amendment 12 is the same issue as raised by the hon. Member for Richmond Park (Sarah Olney).

On amendment 17, the Bill is unquestionably for pedicabs transporting passengers. Amendment 14 is dealt with by clause 3(5). Amendment 15 talks about what would happen in practice, but it is dealt with by clause 3(6). Amendment 18 is dealt with by clause 1(2), which defines pedicabs as a pedal cycle or power-assisted pedal cycle. The term “power-assisted” captures the point raised by the amendment, and is broader than “electrically assisted”. Amendments 3 and 19 have been dealt with previously, but clearly the Secretary of State must have the power to assess this process once the Bill has progressed. Amendment 10 is about guidance not circumventing consultation and regulation. Amendment 11 is dealt with by clause 7(1).

--- Later in debate ---

[Florence Eshalomi]

It is great to see progress on this Bill. I want to start by congratulating my constituency neighbour, the hon. Member for Cities of London and Westminster (Nickie Aiken), on first introducing the Bill. I congratulate her on her persistence in getting this hard, long-awaited Bill to its last remaining stages. Like her, my Front-Bench colleagues and the Mayor of London, I have long supported the Bill as a means of giving Transport for London real power to regulate our pedicabs.

I will keep my remarks short. As others have highlighted today, the Bill highlights the serious problem of the unregulated regime for pedicabs in my constituency and other parts of London. My support for the Bill does not come from wanting to see pedicabs banned for good in all forms from our streets. Instead, like everybody else, I want a properly regulated industry that works for everybody. Unfortunately, what we have currently is one that creates tensions. Businesses see their pavements blocked and consumers discouraged, and residents are disrupted by excessively loud music during unsociable hours. Passengers face hiked, or even extortionate, fees for really short journeys. Most importantly, drivers themselves are forced to work in dangerous conditions and are undercut by those who cut corners in maintenance.

The Bill, with support from the Department for Transport, the Mayor of London and cross-party councils across London, strikes the right balance in allowing a sustainable and supported pedicabs industry to develop and flourish. We have waited far too long for it to be passed. While we have been waiting, we have continued to see people being ripped off, and consumers and visitors deterred from coming into the heart of London. We want more tourists bringing their families and their money, but when they have a bad experience, that spreads faster than the good experience. It is therefore really important that we continue to work together in the spirit of cross-party collaboration, and ensure we put an end to unregulated practice and get the Bill on to the statute book.