Moved by
268: Clause 65, page 66, line 3, at end insert “, which must require taxis to conform with minimum taxi accessibility requirements under section 160(1) to (3) of the Equality Act 2010 within three years of the day on which such regulations are made.”
Member's explanatory statement
This amendment, and another in the name of Lord Borwick, seeks to commence section 160(1) to (3) of the Equality Act 2010 in relation to minimum taxi accessibility requirements and ensure that the standards prescribed under Clause 65 of this Bill conform with those taxi accessibility requirements in the Equality Act 2010, with the intention of ensuring disabled persons can use taxis to travel in comfort and dignity.
Lord Borwick Portrait Lord Borwick (Con)
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My Lords, I should first disclose my interests as the owner of a wheelchair-accessible London taxi and a past CEO of the manufacturer of London taxis. I thank the co-signers of my two amendments, the noble Baronesses, Lady Brinton and Lady Grey-Thompson; they have both encouraged me, as has my noble friend Lord Shinkwin.

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Lord Hendy of Richmond Hill Portrait Lord Hendy of Richmond Hill (Lab)
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My Lords, I start by paying tribute to noble Lords who have spoken, and particularly to the noble Lord, Lord Borwick, for his commitment and contribution to accessibility for disabled people in taxis over many years. Without him, the iconic London taxi would not be the accessible vehicle it is today and the lives of many would be significantly curtailed. He is right to say that the provisions of the Disability Discrimination Act 1995, carried over into the Equality Act 2010, have never been taken up by the numerous Governments that have come and gone, and he says that it is time that they were. I cannot account for previous Governments’ behaviours. He was inclined in his speech to blame the department, but in fact the department is the Government of the day, but we are here.

The question that has to be asked is: why can I and the Government not support his amendment now? My answer is that the circumstances have changed. Thirty-odd years ago, the now two very closely aligned industries of the taxi industry and the private hire industry were in an entirely different place. Private hire vehicles were not licensed and illegal in many places. Now, the taxi has been joined across England by much increased numbers of licensed private hire vehicles, about which the noble Lord is not concerned, but I am. Some 82% of the combined fleets of taxis and private hire vehicles across England—more than 300,000 vehicles—are the latter, and in the modern age of apps, mobile phones and technology, for many people and in many places the two services are very nearly completely interchangeable.

Secondly, as the noble Lord, Lord Young, pointed out, we now know that disability is about not only people in wheelchairs but people with many other characteristics too, and one size fits all for the accommodation of people with disabilities is not now what this large market is all about. Indeed, a wheelchair-accessible vehicle for some is one that is not suitable for others. Across England, circumstances differ enormously, which I hope the noble Lord will recognise from the round table that we had some weeks ago and from the views of the Disabled Persons Transport Advisory Committee that he heard more regularly when he came to visit me in my office. In many places in England, especially in rural areas, the taxi fleet is generally smaller, sometimes virtually absent, especially in places that do not have a large town centre or transport hub, such as a railway station where a taxi rank would generally be placed, and most journeys are by private hire vehicles. This long-term growth in the number of private hire vehicles is a trend we cannot ignore. In rural areas, where the amendment would mandate an all-wheelchair-accessible taxi fleet, private hire vehicles hugely outnumber taxis and, crucially, the noble Lord’s amendment would not apply to those vehicles. Disabled passengers, including wheelchair users in those areas, would therefore not benefit.

As I said in Committee, the department’s independent Disabled Persons Transport Advisory Committee’s view is that mixed fleets of wheelchair-accessible vehicles and non-wheelchair-accessible vehicles provide a more inclusive service that supports both wheelchair users and ambulant disabled passengers than one that consists only of wheelchair-accessible vehicles. As I have also previously said, the cost of mandating every taxi in England to be a wheelchair-accessible vehicle would be extremely high. The noble Lord is right that new vehicle prices are not the same as second-hand vehicle prices, but if his vehicle is worth only £1,000, it would not be in service as a taxi for much longer in virtually any town or city in England. There would be a significant cost of some magnitude for thousands of self-employed drivers who are not able to call on reserves of funding to make this change. This requirement would run the risk of taxi drivers being forced to license as private hire vehicle drivers to avoid a cost they could not afford or even to leave the industry completely. Indeed, the traders raised exactly those concerns in response to the mandating of an all-wheelchair-accessible taxi fleet.

To summarise, if accepted and implemented, this amendment would realistically result in fewer taxi services being available across the country for all passengers, including disabled passengers, particularly in rural areas, meaning at best longer wait times for all who wish to travel by taxi and at worst no supply and no independent travel. The Government’s position is that we should use the powers to set national standards for licensing to mandate the completion of disability equality training for all taxi and private hire vehicle drivers and staff who take bookings and dispatch vehicles for private hire vehicle operators. This will ensure that every driver and staff member has the knowledge, skills and confidence to support disabled passengers appropriately. National standards will be subject to public consultation, but we intend to use the regulations to drive greater accessibility for all.

I agree with the noble Baroness, Lady Grey-Thompson, that the integration of taxis into wider public transport is very important. The Government’s integrated transport strategy will be published shortly. Her example of the unavailability of accessible taxis in any areas outside London, particularly in school hours, is germane to the real solution to this. My department already recommends in its best practice guidance that licensing authorities should assess the demand for wheelchair-accessible vehicles in their areas. They should set out the actions that they will take to meet that demand as part of a mixed fleet by publishing these in an inclusive service plan, and we will reiterate this.

Throughout this process, we have been clear that the measures being taken through this Bill are just the beginning of a broader package of reforms for taxi and private hire vehicle regulation, which is thoroughly out of date, as I think noble Lords would generally agree. My department is carrying out engagement with stakeholders to look at the broader issues, including a consultation just closed on changing licensing authorities to the significantly lower number of local transport authorities, and on accessibility for disabled passengers, looking to build consensus about what the best mechanisms are to tackle them.

In conclusion, the noble Lord’s campaign to see the execution of what has been promised for a very long time through previous legislation is not in vain. I understand perfectly well the symbolism of these amendments, as mentioned by the noble Lords, Lord Shinkwin and Lord Holmes, but we need to translate it into the reality of today’s position across England, where over four-fifths of vehicles used in this way are not taxis and the demands of everyone, including ambulant disabled and disabled people in wheelchairs, need to be met. The Government intend to do just that through the application of mandatory national standards on local transport authorities, as I have described, and thus I hope he will be able to consider that his objective will be achieved at last and withdraw his amendment.

Lord Borwick Portrait Lord Borwick (Con)
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My Lords, I am grateful for the words used by the noble Lord, Lord Hendy. To correct one of his points, the reason that my taxi is worth only £1,000 despite its very low mileage is because of the emissions standards in London, not because it is useless outside London. It would be useful in a market which does not have those same emissions regulations, but in London it is not worth more than £1,000.

The Minister said at the beginning that circumstances have changed. That is the basis of my problem, because circumstances have not changed in 31 years but they should have done. The Minister has the opportunity to change the circumstances, and I think he should do so. I am pressing this amendment, and I wish to test the opinion of the House.