Pedicabs (London) Bill [HL]

Lord Davies of Gower Excerpts

2nd reading
Wednesday 22nd November 2023 Lords Chamber

Moved by

[Lord Davies of Gower]

That the Bill be now read a second time.

[The Parliamentary Under-Secretary of State, Department for Transport (Lord Davies of Gower) (Con)]

My Lords, this Bill will correct a long-standing anomaly where pedicabs are the only form of unregulated transport operating on the streets of London. Pedicab regulation in the rest of England and Wales is done under taxi legislation. However, a legal quirk has meant that pedicabs within London are classed as stage carriages. These are captured under the Metropolitan Public Carriage Act 1869, but that Act’s provisions do not permit their regulation. The reality is that legislation has failed to keep up with the emergence and nature of this industry, making this Bill a small but important addition to the statute book.

Pedicabs have an important role to play in London’s transport mix. They are a quick, green option for Londoners and for tourists looking to get from point A to C via B, while taking in the sights of this wonderful city. They complement London’s vibrant night-time economy, and the entrepreneurial spirit shown by many operators demonstrates the opportunities available to those willing to work hard and get on.

Despite the lack of regulation in this sector, there are hard-working and reputable operators who support this legislation and look forward to working with Transport for London in making the pedicab industry a reputable and respected place to work, providing a safe and reliable road transport option for short journeys in the heart of London. However, as happens all too often, the actions of a few have far-reaching consequences and tarnish the reputations of the majority. We have all seen news reports of unwitting tourists being charged hundreds of pounds to go from Covent Garden to Leicester Square, or being confronted with a bill from Oxford Circus to Marble Arch that would make that pedicab ride the most expensive transport mode in the UK on a per-mile basis.

The consequences are felt not only by visitors but by all who call this city home. Unscrupulous pedicab operators are the cause of nightly misery. They are responsible for noise pollution; for blasting loud music at all hours of the night; for making our pavements hazardous; for congregating in large groups to block footpaths, endangering other road users and pedestrians alike; for cycling recklessly, using potentially unsafe vehicles and generally operating in a way that is not in keeping with the image that London projects to the world. The Bill equips Transport for London with the tools it needs to tackle the anti-social, unsafe and nuisance behaviours found in the pedicab industry. It achieves this by conferring powers on TfL to make regulations concerning the use of pedicabs in public places in Greater London.

It will be for TfL to determine the precise details of a regulatory regime. However, the Bill will allow Transport for London to bring forward measures covering matters such as: the licensing of pedicabs, pedicab operators and drivers, including the conditions placed on licences, their duration, renewal, revocation, and suspension; the fares charged for pedicab services and when and how passengers are made aware of these; and requirements for pedicabs, operators and drivers. This will cover eligibility requirements for operators or drivers, safety and operational standards, such as what equipment must be carried on a pedicab, and their appearance. It will also cover testing, speed restrictions and the working conditions and conduct of drivers. It will cover the operation of pedicabs, including specifying times and places of operation; the provision of publicly available information about licences or the pedicabs, operators or drivers to which they relate; and enforcement of the regulatory regime, which covers the creation of offences and/or civil sanctions, and corresponding rights of appeal for pedicab operators and drivers against enforcement decisions.

Furthermore, the Bill requires that any pedicab regulations brought forward by TfL include provisions corresponding to those in the Private Hire Vehicles (London) Act 1998, in relation to immigration status. This will ensure that those working in the industry have been subject to right-to-work checks. These provisions will provide Transport for London with powers to effectively regulate London’s pedicab industry for the first time. In designing the regulations, Transport for London will be required to conduct a consultation, and any proposals will be subject to parliamentary scrutiny via the negative resolution procedure. This Government have been unwavering in our commitment to bringing forward this legislation when parliamentary time has allowed. I am pleased that the legislative timetable has now allowed for this common-sense Bill to be considered for inclusion on the statute book and I beg to move.

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[Lord Davies of Gower (Con)]

My Lords, I thank all noble Lords for their thoughtful contributions. I will attempt to respond to as many questions and concerns as I can, and where I am not able to do so, I undertake to follow up with a detailed letter.

The noble Lord, Lord Berkeley, spoke about the definition of a pedicab. Clause 1(2) defines pedicabs as power-assisted pedal cycles

“in combination with a trailer … carrying … passengers and … made available with a driver for hire or reward”.

In bringing the Bill before the House, we have tested the definition and are confident that it addresses the legal anomaly whereby these vehicles are currently unregulated in London. To answer the point raised by my noble friend Lord Blencathra and the noble Lord, Lord Hunt of Kings Heath, the Bill as drafted is clear on what would fall in scope. For example, it would cover a power-assisted pedal cycle available for hire with a driver, carrying one or two passengers in a trailer. It would not capture a parent riding a pedal cycle with a trailer attached to carry their children.

My noble friend Lady Anelay of St Johns talked about hire or reward. The Bill captures pedicab services made available with a driver for hire or reward. It does not include a definition of reward, as the intention is the plain meaning of the word. As I understand it, the Bill is intended to cover pedicabs plying for hire or reward, but we will write to clarify the point, as indeed I will regarding the trailer issue.

The lack of existing regulation means that the number of pedicabs operating in London is unknown. Westminster City Council estimates that there are between 200 and 250, while TfL’s estimate ranges from 400 up to a peak of 900, with pedicab numbers varying according to the season—further evidence of the sector’s reliance on tourism. Pedicabs appear to operate predominantly in some of London’s busiest places: Covent Garden, Soho and the West End, attracting tourists and leisure visitors but operating without licensing and appropriate oversight. While the industry is relatively small in comparison to the taxi and private hire vehicle industries, the Government have consistently been made aware of the disproportionate impact pedicabs have on safety and traffic-related issues on London’s roads.

On enforcement activities, in the absence of regulatory powers there have been attempts to rely on enforcement powers such as noise nuisance legislation and electric pedal cycle regulations. Westminster City Council and the Metropolitan Police have had some success in recent years, using powers contained under the Control of Pollution Act 1974. This action has targeted the use of loudspeakers after 9 pm and before 8 am, and as of August 2023 this action has resulted in some £30,000-worth of fines being issued since November 2021. Between November 2021 and December 2022, 68 pedicab drivers had their details taken so that they could be prosecuted for playing loud music after 9 pm. An additional 27 drivers were issued with written warnings for their behaviour. While there has been some success in tackling noise nuisance, this has proven most effective when conducted in partnership with the Metropolitan Police. There has been less success in removing pedicabs from high footfall areas, stopping dangerous driving and preventing highway obstruction.

The noble Lord, Lord Hogan-Howe, talked about the limitations of current enforcement. Existing powers have proven to be very limited in tackling the anti-social nuisance and unsafe behaviour of certain pedicab operators and drivers. These powers do not allow the police to issue dispersal orders to pedicab drivers. This results in pedicabs being moved on for highway obstruction, only to return to the same spot after patrolling police have moved on. The Metropolitan Police have used electrically assisted pedal cycle regulations to seize pedicabs from London’s roads. This action has been targeted at the common occurrence of non-compliant electric motors being fitted to pedicabs. However, the success of this has been limited when pedicab operators and drivers have appealed, as it requires the police to use motor vehicle legislation against pedicabs.

A number of noble Lords talked about regulation. The Bill confers powers on TfL to make regulations for the purpose of regulating pedicabs in London, and it provides the framework; Clauses 2, 3 and 4 set out the parameters to which TfL may design a regulatory regime. It will be for TfL to determine what is the most appropriate in terms. TfL will, however, need to conduct a consultation on its proposal, which will be subject to parliamentary scrutiny via the negative resolution procedure. We have asked TfL to develop policy notes to indicate its early policy thinking; however, as mentioned, its final proposals will be subject to consultation.

My noble friends Lady Stowell, Lord Leigh of Hurley and Lord Goschen, and the noble Lord, Lord Hogan-Howe, talked about licensing of pedicabs, drivers and operators. Clause 2(1) allows Transport for London to make provision for the licensing of pedicabs, their drivers and operators. This includes provision relating to the conditions of licences; the duration, renewal, variation, suspension or revocation of licences; and the display or production of licences. The Bill gives Transport for London discretion to determine what is most appropriate in terms of licensing pedicab drivers, operators and their vehicles. However, TfL will need to conduct a consultation on its proposals, which, as I said, will be subject to parliamentary scrutiny.

I will write to the noble Lord, Lord Hogan-Howe, with the information he requested concerning data. On noble Lords’ questions about insurance, again, this is a matter for Transport for London.

Quite a few noble Lords are understandably worried about noise, and we are aware of the concerns about noise nuisance caused by certain pedicab drivers. This has been a focus of the enforcement activity undertaken by Westminster City Council and the Metropolitan Police in recent years. There has been some success here, using provisions contained in the Control of Pollution Act 1974.

Clause 2(6) provides Transport for London with the ability to make provision relating to matters such as safety requirements and driver conduct. Clause 2(9) allows Transport for London to impose requirements on pedicab drivers and operators. Again, it will be for Transport for London to determine what is most appropriate, following consultation. Regulations brought forward by Transport for London will be subject to parliamentary scrutiny.

The noble Lord, Lord Hunt of Kings Heath, talked about the use of cycle lanes. The Bill allows Transport for London to make regulations concerning pedicab operations in London. Clause 2 permits Transport for London to make regulations that prohibit drivers from using pedicabs in specified places. Again, it will be left to Transport for London’s discretion to determine what pedicabs regulations look like, within the parameters set by the Bill.

The right reverend Prelate the Bishop of St Albans talked about the blocking of cycle lanes. We are aware of concerns about that and about pavement parking and obstruction in relation to existing pedicab operations; it has been an issue that stakeholders have consistently raised with the department. Clause 2 sets out Transport for London’s powers relating to where, when and how many pedicabs may operate in certain places, at certain times and in specified circumstances. Again, it will be for Transport for London to determine what is most appropriate.

The noble Lord, Lord Berkeley, talked about parking. Clause 2 sets out Transport for London’s powers relating to where, when and how many pedicabs may operate in certain places, at certain times and in specified circumstances. It will be for Transport for London to determine what is most appropriate, taking into account the needs of pedicab drivers, passengers and other road users. Transport for London will be required to conduct a consultation on its proposals.

My noble friend Lady Stowell of Beeston talked about the possible requirements for background checks for drivers or operators. Clause 2 provides that any pedicab regulations that make provision about the licensing of pedicab drivers or operators must include provision corresponding to that made by the Private Hire Vehicles (London) Act 1998 in relation to immigration status. That will ensure right-to-work checks are in place for pedicab drivers and disqualify people from being licensed as a pedicab driver, subject to their immigration status.

Clause 2(6)(a) allows Transport for London to set the eligibility requirements for pedicab drivers or operators. Again, this will be for TfL to determine, subject to a consultation. TfL will be able to request a basic DBS check for pedicab drivers; that would show unspent convictions and conditional cautions. TfL’s desire is for pedicab drivers to be subject to enhanced DBS checks, as per taxi and private hire vehicle drivers.

The noble Baroness, Lady Randerson, mentioned the immigration status clause, which provides that any pedicab regulation that makes provision about the licensing of pedicab drivers or operators must, as I said earlier, include provision corresponding to that made by the Private Hire Vehicles (London) Act 1998. This ensures that there is consistency between these industries. Further, we expect that many pedicab drivers are likely to be self-employed, and Clause 2 will ensure that Transport for London can carry out right-to-work checks.

On the point raised by the noble Baroness, Lady Randerson, about the briefing on sites for pedicabs, we will pass the request to Transport for London for any consultation.

My noble friend Lord Moylan and a number of other noble Lords talked about the enforcement of regulations. Clause 3 sets out the options available to Transport for London in enforcing pedicab regulations. A level of discretion has been granted to TfL to determine how it will enforce regulations following consultation and engagement. The Bill itself is enabling and does not create any criminal offences or penalties. Clause 8 sets out that the Bill will come into force two months after the day it is passed. It will be for TfL to bring forward regulations once it has conducted a consultation, and to enforce these regulations once parliamentary approval is secured. Under Clause 3, Transport for London will have the ability to immobilise, seize, retain or dispose of pedicabs, if they are used in contravention to the regulations made by Transport for London.

The noble Lord, Lord Hunt of Kings Heath, talked about regulating pedicabs out of business. The Bill gives Transport for London the ability to regulate London’s pedicabs so that journeys and vehicles can be safer, anti-social and nuisance behaviour can be tackled, and traffic-related issues can be addressed. There is absolutely no wish to regulate them out of business. I am sure that my noble friend Lord Moylan might be disappointed at that, but properly regulated pedicabs can offer a safe and environmentally-friendly mode of transportation in London. We know that they are popular with tourists, leisure and night-time economy visitors to the capital. The industry has a role to play in contributing to London’s economic success. We do not intend to drive hard-working and honest pedicab drivers and operators out of business. However, we intend to tackle the common issues caused by unscrupulous actors, and this is what the Bill will achieve. I absolutely agree with the point made by the noble Lord, Lord Liddle, about having a balance here.

The benefits are clear. A regulated industry will improve public safety; passengers will know pedicabs are licensed and other road users can be confident they are roadworthy. Further, the Bill will help address some of the common issues that pedicabs give rise to, such as highways obstruction and anti-social behaviour.

Clause 6 sets out that pedicab regulations will be subject to the negative resolution procedure. We consider this an appropriate level of parliamentary scrutiny. It goes beyond London cab orders, which can be made by TfL without any parliamentary oversight. Further, Transport for London will be required to conduct a consultation under Clause 1(3) before it can bring forward any regulations.

To conclude, this legislation will ensure that London’s pedicab industry can be regulated for the first time. In turn, this will address the current legal anomaly and bring the industry in line with London’s taxi and private hire vehicle industries. The scope of this legislation is narrow and focused solely on addressing the situation in London. It will confer powers on TfL to bring forward regulations, equipping it with the tools it needs to tackle anti-social, unsafe and nuisance behaviour perpetrated by certain pedicab operators and drivers.

Parallel to addressing these issues, the Bill will help make pedicabs safer for passengers, pedestrians and other road users, providing assurance that these vehicles are roadworthy, properly insured and operating to clear standards. The introduction of fare controls will put an end to stories of passengers being ripped off, and, further, the ability to effectively enforce the regime will ensure that it has bite.

We recognise the importance of parliamentary scrutiny, and the Bill ensures this by requiring any regulations to be laid before Parliament. Prior to reaching that stage, Transport for London will have to conduct a consultation on its proposals, which will ensure that these are appropriate, fair and considered. I commend the Bill to the House.

Bill read a second time and committed to a Grand Committee.

Pedicabs (London) Bill [HL]

Lord Davies of Gower Excerpts

Report stage
Tuesday 30th January 2024 Lords Chamber

Moved by

[Lord Davies of Gower]

1: Clause 2, page 2, line 19, at end insert “(including, in particular, provision about making noise)”
Member's explanatory statement
This amendment spells out that provision in pedicab regulations about the conduct of drivers can include provision about making noise. Regulations might, for example, prohibit a driver from making certain kinds of noise or noise over a certain volume at some or all times or in some or all places.

[The Parliamentary Under-Secretary of State, Department for Transport (Lord Davies of Gower) (Con)]

My Lords, I am grateful for your Lordships’ continued interest in this small but important Bill. The Government have listened carefully to the concerns raised by noble Lords, and I reiterate what I have said in private sessions: that your Lordships’ engagement has helped the Government reflect on the Bill’s provisions.

The first group today consists of a single amendment. It will amend Clause 2(6)(i), which relates to the conduct of pedicab drivers. It will specify that pedicab regulations can include provisions about making noise. During Grand Committee, I was clear that the Bill as drafted provided sufficient scope for pedicab regulations to address the issue of noise, under Clause 2(6). Furthermore, Transport for London has provided assurance that the playing of loud music and causing disturbance would be covered in its regulations.

However, it was clear that your Lordships felt particularly strongly about this issue. This is understandable. The Government are aware of the stories of loud music being played from pedicabs during the day and long into the night, and understand the disruption this causes to residents, businesses and those going about their daily lives. The Government have therefore tabled the amendment in recognition of the importance of this issue and to support the emergence of an effective regulatory regime.

Consistent with the approach taken in the Bill, the precise manner in which noise nuisance is addressed will be for Transport for London to determine in bringing forward regulations, and, again, this will be subject to consultation as per Clause 1(3). I hope that noble Lords welcome this amendment and that it satisfactorily addresses any outstanding concerns. I beg to move.

[Baroness Stowell of Beeston (Con)]

My Lords, I welcome the amendment tabled by my noble friend. I am hugely grateful to him for having listened carefully during our debates in Committee. I congratulate him on the influence he has been able to have in the department in securing the Secretary of State’s agreement to this change.

I note that my noble friend said that in the Government’s view, the Bill’s original wording was sufficient to tackle the concern about noise; none the less, it is reassuring to have noise provisions in the Bill. I should be particularly pleased if my noble friend emphasised when he winds up that the explanatory statement alongside the amendment on the Marshalled List points out that the regulations that can be made to deal with noise, and which would be subject to consultation by Transport for London, might

“prohibit a driver from making certain kinds of noise or noise over a certain volume at some or all times or in some or all places.”

As my noble friend knows, one of my concerns, and one of the reasons why I was keen to get provisions on noise in the Bill, is that there has been a tendency to talk about noise only after a certain time of day. The existing law that allows any clampdown on noise pollution very much kicks in after a certain time and, as we know, the noise made by these vehicles and their drivers can be particularly disturbing and disruptive at any time of day. That is worth us reinforcing, so that TfL knows the expectation of this House.

As this is probably the last time I will speak during the passage of the Bill, I thank my noble friend again and congratulate him on his successful stewardship of this important Bill, which people have waited a long time for in London. I congratulate him on what he has been able to achieve over the past couple of months.

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[Lord Liddle (Lab)]

My Lords, on behalf of the Opposition, I will be very brief. We support this amendment and congratulate the Minister on bringing it forward; it demonstrates that Members of the House have been listened to. There is clearly a problem of noise created by pedicabs, and it affects people of all social classes who live in Soho, Mayfair and parts of Westminster. We are glad to see this amendment being proposed.

[Lord Davies of Gower (Con)]

My Lords, I am grateful for the acceptance of this amendment. We recognise the point made by my noble friend Lady Stowell about noise being disallowed after 9 pm. Clearly, during the winter months and dark nights it is not good to have this sort of behaviour and high levels of noise on the streets. That was very much behind the thinking in bringing this amendment forward. I am very grateful to all other noble Lords who have spoken, and I will certainly pass the thanks on to the team.

Amendment 1 agreed.

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[Lord Liddle (Lab)]

My Lords, we on this side of the House have enormous sympathy for the amendment that the noble Baroness, Lady Randerson, has proposed, and I find myself, at least on this occasion, in full agreement with the remarks of the noble Lords, Lord Moylan and Lord Borwick, and the noble Viscount, Lord Goschen. However, it is the Government’s decision that one of the few transport measures they were prepared to put in their programme for this Session was a pedicabs Bill which, of course, is of very limited reach and scope. In fact, you could say that its reach is two wards of a single London borough. That is a pity, given that the country has enormous transport challenges in front of it, such as a failing railway system and the need for bus regulation. I could go on.

However, one of the issues that clearly has to be addressed is the one highlighted in this amendment. Although it would be inappropriate to try to carry amendments on this question of electric batteries, I hoped that the Minister might be able—indeed, I have urged him privately to do this—to come up with a timetable for when the Government might address these wider and more important questions. I am looking forward to his speech because it seems to me that in the House we have had a lot of concern raised about electric batteries and about the experimental period, as it were, of regulation of e-scooters, and we do not know how long that is going to go on for or what the outcome is eventually going to be. I would have thought that the Government must have a plan—after all, they are, I assume, thinking they might be re-elected—so we would quite like to know what future plans the Government have on what are very important and serious matters in which lives are at stake.

[Lord Davies of Gower (Con)]

My Lords, I thank your Lordships for their diligence in scrutinising this Bill’s provisions. This second group of amendments is focused on electric pedicabs. My department is aware of concerns held by noble Lords surrounding batteries in e-cycles and e-scooters. Amendment 2 in the name of the noble Baroness, Lady Randerson, seeks to place a requirement on the Government to introduce independent conformity assessment processes for electrically powered pedicabs and the batteries used to power these vehicles. If I may say so, she Baroness puts her case well, and I will now seek to answer some of her points.

Noble Lords may recall my response to an amendment tabled in Committee on conformity assessments and potentially placing requirements on power-assisted pedicabs. My response to the amendment debated today will echo my previous position. The Bill is about closing the legal anomaly so that London pedicabs can be licensed for the first time. The amendment raises a much wider question about the construction of electrically assisted pedal cycles.

The UKCA, the UK conformity assessment marking, and its EU equivalent, the CE, the conformité Européene, demonstrate a manufacturer’s claim of conformity with statutory requirements. All e-cycles and e-scooters need to comply with UK product safety regulations. This includes the Supply of Machinery (Safety) Regulations 2008, which set out the detailed health and safety requirements for the design and construction of a product. Additionally, there is an existing requirement in these machinery regulations that responsible persons for all machinery within scope, which would include power-assisted pedicabs, must draw up a detailed technical file and a declaration of conformity. There are existing requirements to carry out appropriate conformity assessment procedures. In instances where the responsible person does not comply with existing requirements, they are in breach of the regulations.

The Government are seeking to reform the UK’s product safety framework through the product safety review. The Office for Product Safety and Standards is currently reviewing responses to its consultation on how it regulates all products on the GB market, including machinery, and where multiple regulations apply to specific products. The Government’s intention is to publish a response later this year that summarises findings and sets out its future plans.

Product regulations would not cover a scenario whereby a pedicab driver or operator adapted their power-assisted pedicab following purchase, However, Clause 2(6) provides Transport for London with the ability to make provisions relating to matters such as safety requirements, testing, speed restrictions, and the quality and roadworthiness of pedicabs. Therefore, there is sufficient scope for Transport for London to determine the expected standards for pedicabs operating on London’s roads.

Although pedicab batteries when not supplied as part of a pedicab would not be subject to a regime that requires the UK conformity assessment marking to be affixed to them, their safety would be covered by the General Product Safety Regulations. These regulations require that all consumer products placed on the market are safe. Furthermore, batteries must comply with the Batteries and Accumulators (Placing on the Market) Regulations 2008, which restrict the substances used in batteries and accumulators, as well as setting out requirements for their environmentally friendly end of life.

In bringing my comments to a conclusion, I draw your Lordships’ attention to the work of the Office for Product Safety and Standards, and Defra. They are in the process of reviewing the position on batteries. This includes examining the new EU battery directive and looking into the safety of the lithium-ion batteries used in e-cycles and e-scooters. This work should conclude in 2024. Alongside this, my department is developing guidance on the safe use of batteries in e-cycles and e-scooters, and we will publish this soon. I respectfully suggest that the Bill, with its narrow focus on licensing London pedicabs, is not the place to start tackling this issue. It is best dealt with as part of the wider work being taken forward by the Office for Product Safety and Standards and by Defra.

[Baroness Randerson (LD)]

I thank the Minister for his response, although it was rather disappointing. The noble Lord, Lord Moylan, makes the point that this is not the right place for these regulations, but he accepts that there is a clear danger. I simply approach it from the point of view that this might be a good place to start dealing with this danger. However, I accept that pedicabs make up a tiny percentage of the problem, as the noble Lord, Lord Borwick, says.

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Moved by

[Lord Davies of Gower]

3: Clause 6, page 4, line 24, leave out subsection (2)
Member's explanatory statement
This amendment means that pedicab regulations will no longer be subject to any form of parliamentary procedure.

[Lord Davies of Gower (Con)]

My Lords, this final group of amendments covers the process for regulations made under the Bill. Amendment 3 places responsibility for making pedicab regulations solely with Transport for London, meaning that pedicab regulations will no longer be subject to any form of parliamentary procedure.

Noble Lords will be aware that this marks a shift in the Government’s approach. The Government have listened to, and reflected on, the points raised at Second Reading and in Grand Committee, and reached the conclusion that these powers should rest with Transport for London. The Government have reached this view for several important reasons. First, it is consistent with the position for taxi and private hire vehicle licensing in the capital, where Transport for London has demonstrable experience of operating effective licensing regimes. Secondly, the Bill’s provisions extend to Greater London only, addressing the legal anomaly that has meant that London’s pedicab industry has been unregulated. The Bill presents a solution to a London-centric issue. Thirdly and finally, the relative size of the pedicab industry in London is an important factor. Estimates suggest that pedicab numbers range from 200 up to 900 in peak season. This is a significantly smaller industry than London’s taxi and PHV industries, where there are over 100,000 licensed vehicles and over 120,000 licensed drivers. Therefore, this amendment offers a proportionate approach.

While I am confident that this amendment is supported by the majority of your Lordships, I am aware that there may be some noble Lords concerned that Transport for London would seize this opportunity to remove all pedicabs from London’s streets, or to impose draconian restrictions that all but ban these vehicles. I reiterate that I do not—

[Lord Tunnicliffe (Lab)]

I apologise for jumping in on this point but it is very important. The Minister said that the generation of regulations would be solely the responsibility of Transport for London, which is exactly where we seek to be. In preparing for this debate I looked through the Bill, and all the Minister’s amendment does—I say “all” but it may be enough, in which case I will be delighted—is to take a subsection out of Clause 6. Can I be assured that that subsection’s deletion effectively removes any DfT input to the creation of regulations other than the amendment that goes with it to introduce guidance?

[Lord Davies of Gower (Con)]

Yes, that is my understanding of the amendment and is correct.

Although I am confident that this amendment is supported by the majority of your Lordships, as I said, I am aware that some noble Lords may be concerned that Transport for London would seize this opportunity to remove all pedicabs from London’s streets or to impose draconian restrictions. However, I reiterate that I do not understand this to be TfL’s intention and, furthermore, it is highly unlikely that pedicab regulations could be used to do this.

However, this moves me to Amendment 4, which gives the Secretary of State the option of issuing statutory guidance to Transport for London relating to how functions under pedicab regulations are exercised. The amendment specifies that statutory guidance may cover how functions are exercised so as to protect children and vulnerable adults from harm. This amendment intends to strike a balance with the removal of parliamentary procedure for secondary legislation made under the Bill. The Government remain aware this will be a newly regulated industry, and this amendment will give the Secretary of State the option of influencing the shape of the London pedicab regime.

Transport for London or any person authorised by it to carry out functions under pedicab regulations on its behalf will need to have regard to guidance issued by the Secretary of State. This provides a level of oversight which I hope provides assurance to any noble Lords with concerns. Further to this, Clause 1(3) requires TfL to conduct a consultation prior to making pedicab regulations.

I hope this demonstrates that the Government have listened, and that these amendments are viewed by your Lordships as a thoughtful way forward, one which will best enable Transport for London to commence work on bringing forward its regulatory regime. I beg to move.

[Lord Storey (LD)]

My Lords, this is almost full circle for me. About six years ago I received several complaints about pedicabs, and I tabled Written Questions for the then Minister, to be told straight off, “It is nothing to do with the Government—it is a matter for Transport for London”. Therefore, it is quite good that, coming full circle, many of these issues will be taken—with guidance—by Transport for London. That is the right and proper place for some of these issues; it makes sense to me.

I am particularly pleased that notice has been taken of safeguarding issues, particularly for children, and I am sure guidance will include that, and for anybody who is in a vulnerable situation as well, whether it be children or young women. That is absolutely right and proper.

I slightly worry that the issue of identification has not taken place. For example, if a pedicab driver does something that is not correct or behaves in an outrageous way—as we have often seen happen—as I understand it, there is no way to identify who is the owner or the driver of that pedicab and therefore to take action. I hope that this issue might be raised, maybe in guidance to Transport for London.

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[Lord Tunnicliffe (Lab)]

My Lords, I first thank the Minister, as others have done, for the amount of time he has taken on this Bill. Our central concern was that this is a London problem, and we created TfL to look after London’s problems. Now, I am in favour of TfL—somewhat biasedly, because I helped create it—but it has lived up to our expectations and has done a good job over the 23 years of its existence. It is very much the right organisation to do this task.

I thank the Minister for his Amendment 3, which he assures me will give TfL sole responsibility for developing regulations. I do take the point about why subsections (1), (3) and (4) are being retained, but I am sure it is all right because I have faith in the wonderful drafting powers of his team. If, upon consideration, they become a concern, I am sure that a government amendment will be tabled at Third Reading to amend any conflicts between the different parts. I hope he will give that consideration, if his team do advise him that there is a conflict.

Having said that I am in favour of Transport for London doing this task, I grudgingly accept that some of the concerns about TfL getting carried away and banning everything in sight, and making people bankrupt by charging them utterly unreasonable fees et cetera, do make a case for Amendment 4. Therefore, I recognise that that is the trade-off between the important position to take throughout the parliamentary process, while making sure there is a potential for government to create guidance that TfL has to have regard to. The balance between the two amendments, from our point of view, is acceptable.

The noble Baroness, Lady Randerson, has produced Amendment 5, which is drafted very much in the terms of many of her amendments, in the sense that it is motherhood. I am actually in favour of motherhood; it helps the world go round, and it says a series of sensible things. But the problem with putting something in legislation is whether it says all the things that should be said, or whether, conversely, it contradicts things that might be wanted. I am afraid I cannot support her. I do not think it is her intention to press the amendment, but I do commend it as a questionnaire for the Minister, to clarify the Government’s position on the points raised.

[Lord Davies of Gower (Con)]

My Lords, I once again thank your Lordships for their careful consideration of the Bill. I have outlined the purpose of the Government’s amendments in this group, and will now address Amendment 5, in the name of the noble Baroness, Lady Randerson.

I first reiterate the Government’s objective in bringing forward this Bill. The purpose is to provide Transport for London with the tools it needs to regulate London’s pedicabs so that journeys and vehicles are safer and fairer. This means addressing both the safety-related and traffic-related concerns, and tackling the antisocial and nuisance behaviour of certain pedicab operators and drivers.

Amendment 5, which attempts to set objectives to which the Secretary of State must have regard when issuing statutory guidance, shares the Government’s objectives. However, this has been tabled in response to the Government’s Amendment 4, which provides the Secretary of State with the option of issuing statutory guidance to Transport for London relating to the exercise of its functions and the pedicab regulations. This provides clear parameters for the scope of any statutory guidance and therefore Amendment 5 is not necessary, as the matters it covers are addressed by provisions in the Bill. In addition, I note that prescribing in detail what the Secretary of State must consider when issuing guidance could have the effect of inadvertently excluding from the scope of the guidance matters which have not been specifically listed. For this reason, a general approach is considered preferable.

I will highlight some of the relevant provisions in the Bill. Clause 2(5) covers fares, including what fares may be charged and how passengers are notified of these. Clause 2(6) covers a wide range of issues relating to the operation of London’s pedicabs. This includes safety, the quality and roadworthiness of pedicabs, the working conditions of drivers and their conduct. Clause 2(7) gives Transport for London the power to place limitations on where and when pedicabs can operate, and Transport for London has already confirmed it will need to give proper consideration to the matter of pedicab ranks, taking into account the needs of pedicab drivers, passengers and other road users. Clause 3 sets out the enforcement mechanisms available to Transport for London and includes details of penalties.

A couple of points were raised by noble Lords. The noble Lord, Lord Storey, talked about identification of the pedicabs. That really will be a matter for Transport for London, however it intends to license them. I can think of various ways it could do it; I am sure he could as well but it will be a matter for Transport for London. On the point raised by the noble Baroness, Lady Randerson, regarding the need to consult, that is written into the Bill, most certainly, and I feel quite sure that cycling organisations will be included in that. I think that more or less covers everything apart from the point from the noble Lord, Lord Borwick. On that, we can confirm that this is solely Transport for London’s responsibility.

Amendment 3 agreed.

Moved by

[Lord Davies of Gower]

4: After Clause 6, insert the following new Clause—
“Guidance(1) The Secretary of State may issue guidance to Transport for London about the exercise of their functions under pedicab regulations.(2) The guidance may, in particular, include guidance about how those functions may be exercised so as to protect children, and vulnerable individuals who are 18 or over, from harm.(3) The Secretary of State may revise any guidance issued under this section.(4) The Secretary of State must arrange for any guidance issued under this section, and any revision of it, to be published.(5) Transport for London, and any person authorised by them to carry out functions under pedicab regulations on their behalf, must have regard to any guidance issued under this section when exercising their functions under the regulations.(6) Before issuing guidance under this section the Secretary of State must consult whoever the Secretary of State considers appropriate.”Member's explanatory statement
This clause allows the Secretary of State to give guidance to TfL about the exercise of functions under pedicab regulations. Subsection (5) requires TfL, and those authorised by TfL to exercise functions under the regulations, to have regard to the guidance when exercising functions under the regulations.

Pedicabs (London) Bill [HL]

Lord Davies of Gower Excerpts

3rd reading
Tuesday 6th February 2024 Lords Chamber

Moved by

[Lord Davies of Gower]

That the Bill do now pass.

[The Parliamentary Under-Secretary of State, Department for Transport (Lord Davies of Gower) (Con)]

My Lords, I thank all noble Lords who have contributed to the consideration of the Bill. Your Lordships’ invaluable insights, careful consideration and scrutiny have helped guide government amendments and resulted in a Bill that is not only in excellent shape but is one which I am confident we are sending to the other place with a consensus from your Lordships’ House.

As I mentioned at Second Reading, the Government have been committed to bringing forward this legislation when parliamentary time allowed. I am pleased to have had the privilege of taking this small but very important Bill through the House, and that your Lordships have been united in supporting the principle behind the Bill—namely, addressing the legal anomaly concerning London’s pedicabs.

Before I move on to my thanks, I will first draw noble Lords’ attention to an update following Report last week. My department published guidance on 1 February relating to the safe use of batteries in e-cycles and e-scooters. This matter has been raised consistently throughout the Bill’s passage through this House.

The guidance will raise awareness for owners on how to safely purchase an e-cycle or e-scooter and ensure that these meet manufacturing requirements and are bought only from reputable sellers. Other matters covered by the guidance included safe storage and charging, the warning signs for fire risk and how to address them, and how to dispose of batteries responsibly. I hope your Lordships consider this a helpful development and, as I mentioned in my comments on Report, the Office for Product Safety & Standards, and Defra, are in the process of reviewing the position with regard to batteries.

I now commence my thanks by recognising the critical role of my honourable friend Nickie Aiken, the Member for the Cities of London and Westminster, in raising awareness of the issue of pedicab regulation in London. She has been a tireless campaigner and shown commitment and determination in ensuring the legislation be brought before Parliament.

I am also most grateful for the constructive way the Opposition Front Benches have engaged with the Bill. I thank the noble Lords, Lord Tunnicliffe and Lord Liddle, and the noble Baroness, Lady Randerson, for their thoughtful contributions both on the Floor of the House and outside. I thank all the other noble Lords who have contributed with such clarity; playing their part in ensuring that the Bill we send to the other place is in great shape. In particular, I thank my noble friend Lady Stowell of Beeston, who has been a prominent supporter of my honourable friend Nickie Aiken’s campaign.

I hope noble Lords will join me in thanking all the policy officials and lawyers in both the Department for Transport and across government, whose efforts have contributed to making the Bill happen. I thank in particular the Bill team, Kenny Way, Chris and Donelle, and Adam Lawless in my private office. I also extend my gratitude to—I apologise for not having their surnames—Diggory and Douglas, the drafters in the Office for Parliamentary Counsel, who have prepared the Bill and its amendments during its passage.

Finally, I thank Transport for London for its engagement and support in bringing the Bill forward. The Bill will ensure that TfL has the tools it needs to effectively regulate pedicabs for the first time, and the Government look forward to a regulatory regime being implemented. As we send the Bill to the other place, I am confident that it will need very little, if any, amending. The Bill will make London’s roads safer and address the anti-social nuisance caused by rogue pedicabs.

[Lord Liddle (Lab)]

My Lords, I, too, thank the officials who have worked on this Bill and the Minister’s private office for the work they have put in. I also thank the noble Lord, Lord Davies, for taking due account of the points that we made in the passage of the Bill. On the main question of how this regulation is going to be conducted, we have reached an acceptable consensus, and I thank him very much for that. I also welcome his statement today about the battery issue, which I think is a real public health and safety hazard. I am glad to see the Government recognising that and doing something about it.

This Bill, while not the most important piece of legislation we have ever seen—indeed, I think I may have remarked before that it basically affects two wards of a single London borough—is nonetheless tackling something that has been a considerable nuisance by ensuring that the pedicab sector is properly regulated and does not damage London’s reputation as an attractive tourist centre, which I think is very important. So we support the Third Reading of this Bill and look forward to its quick passage in the other place.

[Lord Berkeley (Lab)]

My Lords, I add my thanks to those of other noble Lords. Getting this Bill through your Lordships’ House has been very interesting process. There must have been a record number of people who went to see the clerks in the Public Bill Office and said they would like to add something about scooters and batteries, how you should ride scooters and that you should not do it on the pavement. We were all told—quite rightly—go away because it was outside scope. Now, at least the Minister has said that he and his department are looking at that and will also look at batteries, which are a very important part of it. One day, perhaps with this Government or probably the next Government, we might see something about riding bikes, electric or otherwise, and scooters where they are supposed to be, which is on the road, not on the pavement.

[Lord Davies of Gower (Con)]

My Lords, I have nothing further to add. I beg to move that the Bill do now pass.

Bill passed and sent to the Commons.