Pedicabs (London) Bill [Lords]

Kit Malthouse Excerpts

2nd reading
Wednesday 28th February 2024 Commons Chamber

[Sir Christopher Chope]

I hope that my hon. Friend will make his own speech in due course, because I know he believes passionately about this issue. May I just refer him and other Members to the briefing from Cycling UK? My hon. Friend the Member for Cities of London and Westminster referred in her opening remarks to Roger Geffen, the policy director for Cycling UK. The briefing he has produced has a section entitled “Beyond the Bill: the need for a ‘national’ regulatory framework for pedicabs”. It states:

“As things currently stand, pedicabs can operate in London under legislation dating from 1869, which permits the operation of Stage Carriages… Conversely, in the rest of Great Britain (i.e. outside London), pedicabs have to operate under the same legal framework as taxis. This makes it almost impossible in practice for pedicabs to operate on a ply-for-hire basis outside London, because the insurance and other requirements for taxis are so onerous, and are entirely disproportionate for addressing the potential risks. Even where local authorities have been keen to support local would-be pedicab operators”,

those pedicab operators have not been able to start up, because of the weight of regulation. I made that point in an intervention on the Minister.

Roger Geffen then states that it is “potentially valuable” that the Secretary of State will now be able to issue guidance to TfL, but that it would be great if that guidance

“could in future be extended to other non-London licensing authorities, at such time as a new regulatory framework is put in place for licensing taxis and minicabs.”

He, as a cyclist, is concerned that this great method of transport—a pedal-driven rickshaw—is not being used outside London for the purpose of enabling people to apply for hire and travel from one place to another. That is why I think the assertion that the Bill aims not to regulate pedicabs out of existence but merely to bring in a regulatory regime that outlaws the most extreme examples of bad behaviour is naive.

It is incumbent on Transport to London to produce a draft regulation. As we have heard, it has been at this for 20-plus years, and even as we speak it cannot produce drafts of the regulations it has in mind to introduce. I put out this challenge to Transport for London, which I hope will be carried to it by my hon. Friend the Minister. I do not know when the business managers will decide we will have the Bill’s Committee and Report stages, but before we get to Committee it should bring forward a draft of the regulations that it has in mind. If it does that, we will be able to see whether our fears and suspicions, which are shared by Cycling UK, are well founded or wide of the mark. That is a perfectly reasonable way to proceed.

It is commonplace in the House to see draft regulations before we finalise legislation, but there does not seem to be any appetite for that on the part of Transport for London. We have not even had an indication of the timescale in which Transport for London wishes to introduce the regulations. How much longer will the good pedicab operators of London have to wait before the lightweight regulation, for which they have been campaigning for so many years, is introduced?

One of my suggestions is therefore that the Government should recognise that, in the rest of the country, where a different regulatory regime relates to pedicabs, they do not exist because they are regulated out of existence. If the Government wish to promote emission-free forms of transport such as pedicabs, why do they not get on and introduce a guidance system for transport authorities and local authorities outside the London area so that they can take the burden of regulation off potential entrepreneurs who wish to be able to provide pedicab services in cities such as Oxford, Salisbury and York, as we have heard? If such a commitment from the Government were to come out of the Bill, it would be a really worthwhile exercise.

I do not think that the Government are right to be sitting on the fence in relation to e-bikes and e-scooters. Why are we concentrating on the small number of pedicabs rather than the very much larger number of e-bikes and e-scooters, which are causing mayhem for many residents living in London, not to mention elsewhere in the country?

[Kit Malthouse (North West Hampshire) (Con)]

As I am sure my hon. Friend knows, the use of e-scooters on the highway—other than in certain pilot sites—is illegal. Therefore, it is not really a matter of regulation; rather, it is a matter of enforcement. Many of us would love to see much more enforcement. Similarly, on e-bikes, of which I used to be a regular user and owner, my hon. Friend will know that there are significant regulations, not least that they are speed-limited to 15 mph. However, many manufacturers have hidden in their bikes somewhere the ability to override that speed limiter. Similarly, that is a subject for enforcement rather than for regulation. Therefore, although I appreciate his point and agree with him, I do not think it is a matter for legislation; frankly, in London and elsewhere, it is more a matter for the police.

--- Later in debate ---

[Kit Malthouse (North West Hampshire) (Con)]

Some years ago, as I emerged from one of the watering holes in Soho that I used to frequent before the children came along, I happened upon a scene where an inebriated individual was standing in front of a pedicab, swaying backwards and forwards. As I passed, I heard him say to the pedicab driver, “How much to Guildford, mate?”, at which point there was an exchange that I did not overhear. The man got into the pedicab, and off it went. I have no idea what happened to that poor chap or whether he made it to Guildford in the pedicab from the fringes of Leicester Square, but I doubt it.

It occurred to me after the event that what probably happened, as we have heard from other Members, was effectively a sort of mugging. This chap, in his relaxed state, was likely to have been relieved of quite a lot of money for a service that he had stumbled into in his confusion, probably with a sense of good humour, adventure or desperation to get home. It struck me that we really needed to do something about the pedicab system in central London.

I do not want to detain the House too long. I feel like an SNP Member commenting on legislation that affects only England in that, like my hon. Friend the Member for Christchurch (Sir Christopher Chope), there are no pedicabs in my constituency, although I look forward to his amendment on Report that would allow the relaxation of licensing so that pedicabs can emerge in Bournemouth and Christchurch. I am sure that campaign will feature on his election leaflets come the big day later this year.

Notwithstanding my imposing on the debate, I have antecedence in London as a Westminster councillor and a deputy Mayor for eight years. I support this Bill for four reasons. First, I regard myself as an economic liberal. I think we should avoid as much regulation as possible to allow the private sector to flourish and, frankly, to allow grown adults to freely enter into contracts between themselves. However, more important to me is that, in any industry or economic area, there should be a level playing field. We have to accept that these vehicles operate in London by dint of a strange loophole in rather ancient legislation.

When Airbnb arrived in London in a big way, all the hotels, which were very heavily regulated and had significant insurance and maintenance costs, were right to complain that an unregulated competitor was entering the market and that the Government had to take a decision. “Either you regulate Airbnb the same as us or you regulate none of us and allow us all to compete fairly.” That notion of a level playing field is key.

When I was at City Hall, I supported the arrival in London of Uber and other related taxi services on the basis that there should be a level playing field with the black cab service. I felt that if there were not a level playing field, black cabs should have some privileges that Uber and others did not have. The job of the Government or the regulatory authority is to balance those rights, privileges and regulations to make sure that all competition is fair. At the moment, as a number of Members have said, it is not fair that pedicabs are not regulated in the same way as other cabs.

Secondly, although many of us love and cherish the slight chaos of the centre of our capital city, it requires order from time to time. In particular, it requires order on the streets. Anyone who drives in London on a regular basis will know that it is hazardous at the best of times, not least because the growth in cycling and the fact we now have to drive at 20 mph mean there is a lot of overtaking and chaotic behaviour. Motorists have to keep their eyes peeled at all times for people suddenly swerving across the road, very often taking their life in their hands.

We need a sense of order, particularly in the densely built centre of town, and it strikes me that these pedicabs do not contribute to a sense of order. Having had close shaves with a couple of pedicabs over the years, I can say that they are often dangerously driven and badly parked. They block the roads and pavements, which, as my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) said, causes problems for emergency vehicles that need access to pedestrianised areas. We need a sense of order, and this Bill will achieve that.

Thirdly, successful city centres—and London is a particularly successful city centre—do not happen by accident. They happen because they are curated. When I was a Westminster councillor at City Hall, we were very careful to preserve the ability of residents to live in central London and to ensure that the west end in particular should be a mixed residential and commercial area. That was key to its success, and if there is a sense of nuisance, which many pedicabs are—will have heard about the music and the lights and all the rest of it—that will be just another straw breaking the camel’s back to drive the residents out of central London. If we want the west end to stay vibrant and successful—the powerhouse, frankly, of the economy that it is—we cannot allow it to turn into the City, where there are no residents and it is dead after 9 o’clock and there is no one there at the weekends. That is just not the way to curate a city centre.

Curating a city centre is an art as much as a science, and the municipal authorities have an obligation to allow a certain amount of chaos and scruff. I have lamented the municipal Domestos, for example, that has been poured over Spitalfields by the City Corporation. It has destroyed that asset for the City and it is now just another dull shopping centre filled with chains. I look to companies such as Soho Estates, which is a great custodian of the area around Soho Square; it carefully curates who occupies its properties in order to maintain both the reputation and the character of Soho as a slightly louche, shall we say, part of the capital, which all of us have enjoyed from time to time, mostly in our youth. That curation requires tools with which we can control some activities, and that includes pedicabs.

The fourth reason I support the legislation is the issue of crime. There is, unfortunately, a litany of stories of crimes being committed by people operating these cabs, whether ripping off tourists, putting passengers in danger or using their pedicabs to run drugs. They are not unrelated to the criminal fraternity and we need to be able to root out those people and have the control to remove them, because in the end this is all about making money, and if we remove them and leave space for the reputable operators, we will have a much better sense of safety for the public in central London.

I acknowledge the hesitancy of my hon. Friend the Member for Christchurch about regulation, and in normal circumstances would share it, but we must bear in mind the notion of a level playing field and of a service that operates within the capital that is reputable around the world and does not feature on social media for tourists in other countries as one of the rip-offs they must avoid—a bit like how so many Italian cities are now advertised on social media as infested with pickpockets. We have to think about the reputation of our city internationally and indeed its impact nationally. That is why I am very keen to support this legislation and have been a long-standing supporter of this step since my time at City Hall.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call shadow Minister.

[Bill Esterson (Sefton Central) (Lab)]

This has been an interesting debate—some contributions have been interesting in a good way, some perhaps less so—and there has been broad agreement, with one exception, that this Bill is a thoroughly good thing. I am pleased to see powers finally being granted to Transport for London to tackle the challenges and difficulties of unregulated pedicabs, which we have heard described by a number of Members, from across London in particular.

I pay tribute to the hon. Member for Cities of London and Westminster (Nickie Aiken) for her work on this issue over many years and I am grateful to her for quoting the views of the London Pedicab Operators Association and its call for regulation, showing that the industry itself is keen to see action on behalf of operators who want to do the right thing. I also congratulate the hon. Member for Sutton and Cheam (Paul Scully) on finally getting his dearest wish granted and seeing this regulation come to fruition. Perhaps I am overstating that, but he has played a part, including through promoting a private Member’s Bill.

When my hon. Friend the Member for Vauxhall (Florence Eshalomi) was extolling the virtues of Westminster bridge, I did wonder whether she was going to start quoting William Wordsworth:

“Earth has not anything to show more fair”.

That is, of course, a line that everybody is aware of, but perhaps pedicabs spoil the view very slightly. She made good points about the threats to tourists and the importance of safety for passengers and, indeed, for drivers, which is included in the legislation. She, along with a number of other Members, mentioned the noise nuisance as well.

My parliamentary twin, the right hon. Member for North West Hampshire (Kit Malthouse)—he and I share the same date of birth—finished the debate with what I would loosely describe as an occasional dose of over-disclosure about his own past, but he made a very good case for the legislation as well. We had some disagreement from the hon. Member for Christchurch (Sir Christopher Chope), who seemed to think that this was a sitting Friday and that he should take his characteristic approach of talking out a private Member’s Bill, which is why, as the Minister pointed out, we are here and the Government have had to finally bring the Bill forward.

[Kit Malthouse]

The hon. Gentleman is being a little unfair to my hon. Friend the Member for Christchurch (Sir Christopher Chope), who made a good point about our trying to understand where this legislation could go. As I understand it, TfL published a framework for licensing pedicabs back in 2022. It might be helpful if the Minister were to circulate that framework to Members when we get to Committee.

[Bill Esterson]

I am grateful to the right hon. Member for his intervention. The wider point is that the hon. Member for Christchurch was raising things that really belong in Committee, but he will have his chance to raise the matter that the right hon. Member mentioned, as it will be a Committee of the whole House. It is good news that we will close the legal loophole that exempts pedicabs from being defined as taxis under current law, leaving pedicabs as the only form of unregulated public transport in London.

My hon. Friend the Member for Wakefield (Simon Lightwood) set out why Labour views the Bill as so important. He addressed the cases of overcharging. We have had TfL’s own evidence of collisions that involve pedicabs resulting in personal injury. There were 24 driver incidents between 2018 and the end of August 2023, including road obstruction, driver conduct, and six sexual offences. Those cases, alongside the overcharging and the noise nuisance, demonstrate why it is so important that action is taken to regulate pedicabs.

We have an important opportunity here to improve the safety of passengers, and of all road users in central London, and to help the tourist economy. The Bill strikes the right balance between the enjoyment that pedicabs can offer and the protection of the public. Today’s debate prompts the question of when the Government plan to bring forward their long-promised transport Bill, which needs to be wide-reaching and to extend beyond London, and include regulations on other neglected issues such as e-scooters and e-bikes. For today, though, this legislation on pedicabs is long overdue and I look forward to it progressing through the House.