London Local Authorities and Transport for London (No. 2) Bill [Lords]

Lee Scott Excerpts

Tuesday 6th March 2012 Commons Chamber

[Bob Blackman]

I thank my hon. Friend for that intervention. Pedicabs are almost unique to the west end of London; I have not heard of or seen any pedicabs anywhere else in this country. In the due fulness of time there may be a requirement to regulate pedicabs throughout the country, but at this point it is specifically a London issue and specific to a distinct part of London.

It is therefore for London local authorities and for TFL to determine what they are going to do. They have responded to London cab drivers and to various aspects of the taxi driver lobby, who share the view of the hon. Member for Ealing North (Stephen Pound) about the pedicab trade, but equally they have understood that the pedicab trade itself has responded in a very—[Interruption.] Ah! The hon. Member for Ealing North is present. The pedicab trade itself has responded by saying that it is being unfairly treated, but we will have to see whether the voluntary system works, and if it does not we will have to return to primary legislation.

Part 5 refers to charging points for electric vehicles and enables London authorities to provide and operate charging apparatus for electrically powered motor vehicles on highways and to permit third parties to do so. The clauses in part 5 set out the procedures for that provision and create an offence of the unlawful use of charging points.

The number of electric vehicles has increased rapidly since the Bill was first thought of some six years ago, and the Government are very much in favour of encouraging their use. I strongly support the use of electric cars and look forward to their being the principal cars on the roads in London in the not too distant future. The Mayor of London has made it a priority to encourage electric vehicles on our roads, and there has been no opposition whatever to part 5, except from the Society of London Theatre, which was concerned about points being placed directly outside theatres.

[Mr Lee Scott (Ilford North) (Con)]

Does my hon. Friend agree that outside theatres, particularly when they are closing of an evening, we have the menace of pedicabs, as the hon. Member for Ealing North (Stephen Pound) said, that other such vehicles are parked there, that no one can get by or even walk on the pavements and that this proposal could make things worse?

[Bob Blackman]

I thank my hon. Friend for that intervention. The location of the electric charging points, which is the nub of his intervention, will be the subject of appropriate consideration. It would be foolish in the extreme to site electric charging points where there were going to be huge crowds. I cannot imagine, for example, electric vehicles being charged up outside football stadiums, where crowds would be charging over them. That would not be a sensible siting, and that is why we want sufficient electric charging points to coincide with parking meters, where people are allowed to park, so that, instead, they are legitimately able and permitted to park, they can charge their vehicles at the same time and they can be charged by the local authority for the electricity that they use.

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[John McDonnell]

It is. I have delayed the House on these Bills on even more occasions than the hon. Member for Harrow East. I congratulate him on valiantly supporting this attempt by the London boroughs to promote legislation.

I want to deal with clause 17 and pedicabs—or rickshaws, as they are more commonly known. The hon. Member for Harrow East informed us that the promoters of the Bill are seeking amendments in Committee to remove the clause. I have received correspondence from Mr Alastair Lewis of Sharpe Pritchard on behalf of the promoters of the Bill, saying:

“I am the parliamentary agent for the promoters of the above Bill, which is down for a second reading debate next Tuesday 6 March 2012.

I am writing to let you know that the promoters propose to seek amendments at committee stage which would have the effect of removing clause 17 (Pedicabs) from the Bill. This decision follows further discussions between the promoters and representatives of the pedicab industry in which it has been agreed that the pedicab industry will take steps towards self-regulation. The promoters have been working with the pedicab industry to achieve self-regulation and consequently propose to withdraw the provisions contained in the Bill.”

Having read that into the record, I hope that there will now be no attempt not to move the amendments.

I convene the RMT parliamentary group. The RMT, which represents taxi drivers in London, has expressed genuine concerns about the role of pedicabs, as have taxi drivers themselves and people more widely within the community. London taxi drivers consider that there is unfair competition from pedicabs. London taxi drivers go through extensive training, they do the London knowledge, and they are vetted.

[Mr Scott]

Does the hon. Gentleman agree that it is a deeper issue than whether pedicabs represent competition, because they are also a danger to members of the public? They are dangerous vehicles whose drivers are unlicensed and seem able to do what they want, when they want, and to charge what they want. It is not about competition, but safety.

[John McDonnell]

There is unfair competition because pedicabs do not have to comply with the legislation that applies to taxis. Fitness for taxi drivers is not about physical fitness, although I am sure they are a strong body of men and women who could compare with any pedicab driver. It is about not having criminal convictions, for example, so that people who step in a London taxi can feel safe and secure. There is no vetting of pedicab, or rickshaw, drivers in that sense. There is a strict safety regime for black cabs in London, but no such regime for pedicabs. The hon. Member for Ilford North (Mr Scott) is right. The more pedicabs are allowed to continue to ply their trade on the streets of London, the more Londoners are at risk. That is why the RMT objected to the proposals in the Bill, which do not provide details of any licensing scheme that would address those issues.

The last time this matter was raised in legislation, the Opposed Bill Committee cited the Department for Transport’s concerns about pedicabs, such as the lack of any safety regime, the impossibility of identifying the owners of the pedicabs, issues over insurance and the fitness of the characters who are operating the pedicabs. The provision was thrown out by the Opposed Bill Committee on the basis that it failed to comply with any of the Department for Transport’s recommendations about the form of the licensing regime that should be introduced.

We are now left with a situation in which clause 17 has been withdrawn and there is to be a discussion with the pedicab industry. I have no idea who that will involve. We have heard about Bugbugs, but we have no idea how representative that company is of the trade. Quite honestly, it could be a group of gangmasters who hire people on cheap work rates, requiring no form of qualifications and no vetting. After the discussion with the industry, a voluntary scheme will be introduced that will be regulated on a voluntary basis.

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[Mr Nuttall]

That may well be so, but given that pedicabs have been operating for so many years—certainly for nine years, although one assumes they were operating before that—I would have expected a long list of cases in which people had sued pedicab firms after incurring injuries. I heard an hon. Member say earlier from a sedentary position—or it might have been in an intervention—that pedicabs are a danger.

[Mr Scott]

My hon. Friend might find that there has been litigation against drivers when pedicabs have tipped over. The people who travel in those vehicles—I use the word “vehicles” very loosely—wonder what pedicabs are insured for. If people get seriously injured, as some have been, they find that the vehicles are not insured at all. These vehicles are a menace on our roads.

[Mr Nuttall]

I simply repeat the point I have made: if they are a menace in London, or indeed in Oxford, the matter should be dealt with on a national basis and not in a piecemeal way through a London local authorities Bill. As we have heard, pedicabs will not be dealt with in any way at all. We now hear that, having spent all these years on the one clause that might go some way towards dealing with something that someone is concerned about, it will not be dealt with by the Bill. I shall come to that shortly.

I am grateful to my hon. Friend the Member for Harrow East (Bob Blackman) for his introduction and for acting on behalf of the promoters in the House. He has been passed the baton by our hon. Friend the Member for Finchley and Golders Green (Mike Freer), who, I notice, is not in his place. I am sure that my hon. Friend the Member for Harrow East will look to make the same scintillating speed of progress as our hon. Friend the Member for Finchley and Golders Green made with the London Local Authorities Bill.

My hon. Friend the Member for Harrow East referred to the fact that 10 Bills have been promoted by the London local authorities. I do not know over what period, but I assume it is since the Greater London council was abolished—[Interruption.] I now hear that some were introduced before the GLC was abolished. My hon. Friend said that it was not uncommon for a Bill to be promoted in that way, but if I were a London council tax payer, I would ask why some of those Bills were not consolidated and dealt with in a rather more organised way than the current piecemeal and haphazard approach.

We debated a Bill that deals with three or four things last week and we will debate another one next week, and the London Local Authorities and Transport (No. 2) Bill, which we are debating now, deals with six or seven different matters. I cannot see why they could not be brought together in one Bill, but I can see that it provides a good deal of work for the parliamentary agents who draft Bills and prepare the various petitions that are lodged in opposition to them.

What is common to all those London Bills is that each brings with it more regulation, more red tape, more bureaucracy and more rules for Londoners and visitors to London. This Bill has had a very long gestation period indeed. The petition for it was lodged as long ago as 27 November 2007. We have already heard this evening that the discussions and planning go back some years even before that.

The petition was lodged as long ago as four and a quarter years, and First Reading took place in the other place on 22 January 2008—incidentally, the day after the then Transport Minister, the right hon. Member for Doncaster Central (Ms Winterton), wrote a four-page letter to point out that the Bill was defective in many ways. So, even before it reached the First Reading starting gate, the right hon. Lady had written to the Chairman of Committees, Lord Brabazon of Tara, a four-page letter stating, in a nutshell, that the Bill did not comply with the European convention on human rights, not just in one particular but in several particulars. One would have thought that with all their experience of promoting Bills, the London local authorities would at least have got these matters right before drafting the Bill. Nevertheless, the Bill received its First Reading on 22 January 2008.

Not much happened after that, as we have heard, and on 17 November 2008 the other place resolved that the Bill’s promoters should have leave to suspend further proceedings on the Bill until the next Session. This House concurred with their lordships in their resolution on 19 November. Not much happened until Monday 9 March 2009, when a Select Committee of five noble Lords began a three-day hearing into the Bill’s contents and to listen to the petitioners’ objections. There were three petitions in the Lords, which for reasons of brevity I will not go into, although later I will touch on the Commons petitions.

The petitions were dealt with at length over three days, and the result was 119 pages of evidence. One would consider that pretty detailed analysis but unfortunately most of the evidence related to matters not before the House today. The Bill considered by the other place contained many more clauses than this Bill. I think it contained 38 clauses, whereas this Bill has 23. That is quite an attrition rate in the number of clauses in the four years since the Bill was originally introduced. The Committee reported to their lordships on 2 April 2009. Again, however, unfortunately for today’s proceedings, much of what was considered in the report from the then Under-Secretary of State for Transport, the hon. Member for Poplar and Limehouse (Jim Fitzpatrick) has been removed from the Bill in the other place. The hon. Gentleman is now the shadow Minister and is in his place this evening, and I am sure he will recall signing the said document and will no doubt be able to recall its contents exactly. There is very little left worth commenting on from that report and from those three days of detailed examination of the Bill in the other place.

On 29 October 2009—more than six months after that report was presented to their lordships—the House of Lords resolved for a second time to give leave to the promoters to suspend proceedings on the Bill and, if they saw fit, to proceed with it in the following Session. This House concurred with the resolution of their lordships on 3 November 2009. I have to give the promoters of these Bills one thing: they are nothing if not determined. It will therefore be no surprise to the House to hear that the Bill was duly reintroduced, on 19 November 2009.

Yet again, it would appear that nothing happened for several months—according to the official Parliament website, that is—until the Bill was for some reason reintroduced on 28 June 2010. However, as we heard from my hon. Friend the Member for Harrow East, there was in fact a great deal of activity behind the scenes. Great chunks of the Bill were being removed and it was slimmed down to its current state. [Interruption.] I think I said earlier that it had 38 clauses; in fact, it had 39 in those days. Following what we might refer to for present purposes as the Select Committee stage—obviously the procedure is different with a normal public Bill—clauses 4 to 14 were removed, and amendments were made to clauses 16 and 21. Also, clauses 26 and 27 were removed on Third Reading, to which I shall turn shortly. Either way, the Bill was losing clauses at quite a swift rate.

Third Reading took place in the other place on 28 March 2011. It is perhaps worth noting how few people took part in that debate. After four years, one might assume that this Bill had been considered by dozens and dozens of their noble lordships and baronesses; in fact, nothing could be further from the truth. The Bill was considered by just five noble lords in Committee. On Third Reading, it was discussed by just six more. So, as far as I can see, a total of just 11 noble lords took part in the debates on the Bill in the other place.