Deregulation Bill

Debate between Graham P Jones and Julie Hilling

Monday 23rd June 2014 Commons Chamber

[Julie Hilling]

I am pleased to be able to take part in the debate. I must declare that I am a proud member of Unite the union, which has an interest in the taxi trade, although, sadly, it has not briefed me on this issue.

A few weeks ago, my two Bolton colleagues and I attended a meeting in my constituency which had been called by the National Association of Licensing and Enforcement Officers. In attendance were people from the Law Commission, the Local Government Association, the National Taxi Association, the National Private Hire Association, Unite, the GMB, the police and crime commissioner for Greater Manchester and councillors from a number of Greater Manchester authorities, including Bolton, Oldham, Rochdale, Trafford, Stockport and Salford. It was interesting that those attendees from a vast range of different backgrounds all spoke with one voice. They did not understand why the clauses affecting taxis were being rushed through in the Deregulation Bill. They wanted them to be withdrawn, and replaced by holistic legislation that focused on the Law Commission review. At a meeting of such a diverse group of people, it is unusual for everyone to speak with one voice.

We know that there are already problems in the system. In the north-west, for instance, Rossendale has licensed more than 1,000 hackney carriages, most of which are being used not in Rossendale but elsewhere. Where are the checks being carried out, and by whom? We do not have national standards, so a taxi that is licensed in Rossendale but does not reach the standards required by the authorities in Bolton could be driving around Bolton. In that situation, a passenger in Bolton who wanted to complain about that taxi could not do so to officers in Bolton, as they would have no right to inspect the vehicle or check the driver.

In Sheffield, North East Derbyshire district council has licensed a Sheffield-based operator that uses hackney carriages licensed by Gedling borough council, so in effect no council has regulatory control. Sheffield council is particularly powerless when there are complaints from Sheffield residents about taxis overcharging or poor driver behaviour. The interesting question for me is why Rossendale, for example, is licensing so many taxi drivers. Why are firms going to Rossendale or Gedling for licences? Is it because the regimes in those places are much easier to get through, or because it is cheaper to get the vehicles licensed there? What is it about the system in those places? When the system as a whole is fractured, there are all sorts of ways for disreputable drivers and companies, or people who are simply trying to make the quickest buck they can, to get through it.

There is also the question of whether operators should be able to make journeys across local area borders. We need to look holistically at what we do about those cross-border journeys to ensure that there can be enforcement of regulations. No matter where a taxi is licensed, if it is operating in Bolton, why can Bolton enforcement officers not be allowed to enforce regulations on that vehicle? I am not sure that the answer is necessarily to say that it is not possible. We need a framework in which it can happen, whereby local authorities can get remuneration to enable them to carry out checks when licensing has been carried out by a different authority. The situation is complex and is made much worse by this Bill.

The issue came to my attention when the parents of a 13-year-old girl came to one of my constituency surgeries because they were concerned about a specific incident that had happened to her. She had taken a taxi. To start with she was going to Bolton, but part way through the journey she received a call from her friend to say they needed to meet elsewhere. It appears that at some point on the journey the taxi driver turned off all his monitoring equipment, including his GPS. The 13-year-old was taken to quite a remote estate in the constituency. The taxi driver parked up and said that he was just waiting for a friend to bring him his mobile phone charger. Fortunately, the girl started to get agitated. She had told the driver that she was 16, because her mum had said that she should tell people that she was a little bit older, thinking that it would offer her protection. In fact, in these circumstances it appears to have done the opposite. The girl became concerned about the questions the taxi driver was starting to ask her about her social life and so on. Fortunately, she had the nous to get out of the taxi. She played a ruse and said she wanted to pop over to a nearby shop and buy some cigarettes, of all things. The taxi driver agreed, saying they could share them, and she got out of the taxi and ran like hell. Fortunately, she met a bystander who listened to her, took her to the local McDonald’s, called the police and waited with her until they turned up.

It turned out that the taxi driver had a record of past misdemeanours. He was taken through the tribunal system and lost his licence, so is now unable to operate in Bolton. But, like me, the girl’s parents were horrified to learn that although the driver is banned in Bolton, he could become a taxi driver anywhere else, depending on whether another local authority did a police check. Because he was not prosecuted, a police check might not throw up the fact that he was a danger to the travelling public and, it would appear, to young women in particular.

I asked the Department for Transport a written question about the proportion of local authorities in England and Wales that require a disclosure and barring service check on applicants before issuing a taxi or private hire vehicle licence, and I received this response:

“The Department for Transport does not hold this information. Local authorities are under a statutory duty to ensure that any person to whom they grant a taxi or private hire vehicle driver’s licence is a ‘fit and proper person’. As part of this process they can undertake”—

note the word “can”—

“criminal record checks on applicants but we do not keep details of the assessment policies and procedures adopted by local authorities.”—[Official Report, 28 April 2014; Vol. 579, c. 522W.]

That “can” seems totally inadequate.

I have asked questions about whether all local authorities carry out police checks, but as no one holds the information, we do not know the answer. That is another reason why we need holistic legislation that ensures that licensing authorities carry out proper checks on drivers. We need a system in which a person who is banned by one local authority is banned, full stop. The changes proposed in the Bill will make the situation worse, not better.

[Graham Jones]

My hon. Friend makes a powerful point. Does she accept that that principle applies not only to the licensee but to the condition of the vehicle? We have varying licensing conditions for vehicles themselves. Some authorities might argue that other authorities license vehicles that they would deem to be substandard because they have a higher threshold. Does she accept that the age and condition of the vehicle is also of paramount importance to local people?

[Julie Hilling]

My hon. Friend is absolutely right. When a vehicle can be licensed in one authority and the driver in another, and both can operate somewhere else, we have a ridiculous situation in which nobody can enforce standards because the vehicle will never be driven in the authority where either licence was granted. He is absolutely right that we have no equality of standards across the piece. It is a ludicrous situation, and it is ludicrous that the Government intend to deregulate further. It makes no sense whatsoever.

I wrote to the Secretary of State about my 13-year-old constituent. In response, I was told that legislation obliges a local authority to satisfy itself that any person to whom it grants a taxi or public service vehicle licence is a fit and proper person to hold such a licence, but “fit and proper” is not defined in legislation and it therefore falls to the local authority to decide. Why do the Government think that further deregulation will keep my constituents safe?

When I first read the clause that allows family members to drive an off-duty taxi or private hire vehicle, I could see no problems with it and thought it seemed a sensible idea. I asked the operators and others involved about that when we met. I was not wholly convinced by the answer and so asked whether the taxi markings could be removed. I was told that that would be extremely difficult for taxis operating in my local authority—I guess this would be the case for all taxis operating outside London—because they are clearly marked as taxis. Another issue that was raised was what would happen in areas where taxis are allowed to use bus lanes. What would happen if an off-duty taxi used a bus lane? How would we enforce proper usage? I was then convinced by their arguments.

As we talked through those matters, I realised that in all our areas we already have a massive problem with unlicensed taxis touting for business, particularly late at night. I am no longer often in city centres late at night, but I have been in the past. It has to be said that one can become quite desperate when looking for a taxi. In particular, young people who have perhaps been drinking more than they should will not be rigorous about checking the identity of the driver or the car; they are simply delighted to be getting a lift home. We should not introduce any measures that weaken regulation and make it more likely that people will get into a vehicle that is not being driven by the licensed driver.

[Graham Jones]

My hon. Friend is making a powerful argument, and one that I think the general public will have a lot of sympathy with. Does she agree that there are also implications for police enforcement? In my area, taxi drivers are sometimes drug couriers, and the police find them. If we are going to deregulate who can drive the vehicle, the question of who is the mule—is it the driver or the person taking the car?—is a serious problem for police enforcement. Who is driving that vehicle? Who is the person who last had it?