Pedicabs (London) Bill [HL]

Lord Davies of Gower Excerpts

Monday 11th December 2023 Grand Committee

[Lord Liddle (Lab)]

In that case, I apologise, but I agree completely with what the noble Baroness said. I disagree with my noble friend Lord Berkeley and agree with the noble Lords, Lord Moylan and Lord Borwick, on this issue. It is the responsibility of Parliament to set the framework to empower Transport for London to make these regulations, but their detail should be a matter for it and it should be given the power to do this. One of the amendments I have tabled suggests that we push ahead quickly with this and that TfL should be given the power to get on with it as quickly as possible. I suspect that the real argument one ought to have concerns whether this is a Westminster borough issue or a London-wide one, but it makes the most sense for TfL to have the legal responsibility. I am sure that the borough of Westminster will be consulted by it on this matter very thoroughly.

This is certainly an important principle. If we want speedy action in this area, it should be supported across the Committee. With great respect to civil servants in the Department for Transport, it is also ridiculous that they should spend their time monitoring these, which are, frankly, of minor significance in the overall scope of their responsibilities. I therefore urge the Government to think again on this matter, otherwise, we might have a bit of an argument on Report.

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

My Lords, I am grateful for noble Lords’ consideration of the Bill and very much welcome the scrutiny of those here today as it continues its parliamentary passage.

This first group of amendments covers the process for secondary legislation made under the Bill. Before moving on to the amendments tabled by noble Lords, I will explain the purpose of the two government amendments that have been tabled. Amendments 44 and 46 are intended to provide clarity on the parliamentary procedure for the secondary legislation that will come forward to regulate London’s pedicabs. Let me take them in turn. Amendment 44 makes it explicit that Transport for London would have to obtain approval from the Secretary of State to make a pedicab order; this should assure the Committee that there will need to be consensus between the Government and Transport for London.

On Amendment 46, convention dictates that only Ministers may lay orders in Parliament, and Transport for London would therefore be unable to do this. Again, this amendment is intended to be explicit on this point, making it clear that Ministers would be responsible for laying a pedicab order. This is the right approach. The Bill will require that pedicab regulations be subject to parliamentary scrutiny via the negative resolution procedure. This strikes an appropriate balance between conferring a discretion on Transport for London to consult and design pedicab regulations, and a scrutiny role for Parliament in their approval. The opposing amendments from the noble Baroness, Lady Randerson, and the noble Lord, Lord Berkeley, seem to suggest that the Bill’s drafting and procedure is in the right place. As I set out, it will be subject to the negative procedure. The point raised my noble friends Lord Borwick and Lord Moylan on the immediate response by the Secretary of State has been taken on board, and we will go back and look at it.

Some noble Lords challenge this notion, pointing to Transport for London’s experience regulating London’s taxis and private hire vehicles, and the fact that London cab orders are not subject to parliamentary scrutiny. However, the taxi industry is well established and the Bill marks the first legislation specifically targeted at the pedicab industry. It is right that there is a role for Parliament. Although the Government understand that Transport for London has no intention to ban pedicabs outright and is primarily committed to making the industry safer, these amendments should provide noble Lords with assurance that Transport for London will not be able to unilaterally prohibit pedicabs from operating.

That leads me to Amendments 1, 6, 10, 13, 27, 29, 30, 37 and 41, tabled by the noble Lord, Lord Berkeley. They seek to replace Transport for London with the Secretary of State, meaning that the Secretary of State would consult on and design pedicab regulations, as well as holding responsibility for matters such as setting licence fees and imposing civil penalties. I have already set out the rationale for Parliament having a role in pedicab regulations. These amendments would represent a fundamental shift in the Bill’s approach. Transport for London is best placed to consult on and design pedicab regulations that meet its needs. In recognition of what will become a newly regulated industry, the Bill provides a clear role for Parliament.

The Clause 6 stand-part notice addresses the point raised by the noble Baroness, Lady Randerson, who has indicated an intention to probe why Parliament has a role in scrutinising pedicab regulations made by Transport for London, instead of the London Assembly. So too does Amendment 45, tabled by the noble Lord, Lord Liddle. I hope my comments have provided clarity on this matter.

[Lord Liddle (Lab)]

The only real justification the Minister offered for Parliament retaining this degree of control is the possibility that the Greater London Authority and TfL might want to ban pedicabs altogether. What is his evidence that there is even the slightest possibility of this on the horizon? The present mayor has no intention of doing that—he wants them properly regulated—so is the Minister saying that the Conservative candidate for the mayoral election next year will come out for banning pedicabs altogether? What is the justification for retaining this power? Remember: all this stuff about Parliament retaining the power is nonsense. We know that we have very little control over what happens and over the content of statutory instruments, although we debate them. The power rests with the Minister and the department. Why on earth should the overworked Department for Transport want to spend its time messing around with the detail of whether pedicabs have mirrors and what the level of fines on them should be?

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[Baroness Randerson (LD)]

In the interests of efficiency, before the Minister replies, I will get in a third intervention because it is along the same lines. He said that this could be done by Parliament rather than the London Assembly because this was the first time that regulations had been produced for pedicabs, but that is not in practice the case. Local authorities across England outside London have—maybe not after long debate in the House, but certainly in practice—been given the power to regulate pedicabs. As I said, they have done so in a number of cases. I have made inquiries. The Department for Transport does not keep records of how many local authorities have these regulations in place, but it is aware of a number of places that do. They exist; they have had time to be trialled.

[Lord Davies of Gower (Con)]

In answer to the noble Lord, Lord Liddle, I can only repeat that convention dictates that only Ministers can lay orders in Parliament. Therefore, Transport for London would be unable to do so. The amendment is intended to be explicit on that point, making it clear that Ministers would be responsible for laying a pedicab order.

We do not consider that the Government would have to consult. Transport for London would have to consult prior to bringing pedicab regulations forward.

Amendments 2 and 15 in the name of my noble friend Lord Leigh of Hurley seek to impose a statutory requirement on Transport for London to make pedicab regulations, and would require pedicab regulations to make provisions under the matters covered by Clause 2(6). It is right that the Bill provides Transport for London with a discretion to determine how pedicab regulations are designed. Clause 2(6) provides that flexibility, and Transport for London has indicated that it will introduce regulations covering matters under that subsection. In any case, those regulations will need to be consulted on and, as I have set out, a consensus will be needed between the Government and Transport for London.

Transport for London is supportive of the Bill and the need to regulate London’s pedicabs. As such, the Government expect Transport for London to commence work to bring forward pedicab regulations following the Bill’s passage. I emphasise that Transport for London has been asking for the Bill, so we expect it to be industrious in the forming of the legislation.

[Lord Berkeley (Lab)]

My Lords, I am grateful to all Members of the Committee who have spoken to this group of amendments. There is a big variety of opinions, from “The Department for Transport should do everything”, to “Transport for London should do everything”—I am sure that we will come to that later.

I would like the Minister to reflect on the equivalent structure that the Government might propose if and when we ever get some legislation on electric scooters, which we have all been asking for but are not allowed to talk about on this Bill, because electric scooters are used more widely than in London. However, they are a new form of transport, authorised in certain towns and cities by the Department for Transport with the local authorities’ blessing. When it comes to producing legislation on electric scooters, which anyone can buy, own and use, how does the Minister propose that it is done? Would it be by each local authority, the Department for Transport or a combination of both? What would be the quickest way to get it to work? I leave the Minister with my comments and views on that, on which I am sure he will come back at some stage. I beg leave to withdraw the amendment.

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[Lord Liddle (Lab)]

My Lords, it is our earnest hope that the Government listen carefully to the common sense of the points made on these amendments. The noble Baroness, Lady Anelay of St Johns, spoke with typical common sense. The Government need to take account of what she said and bring forward amendments to reflect her concerns. I also agree with what the noble Baroness, Lady Randerson, and my noble friend Lord Berkeley said on that subject.

With our amendments in this group, we are trying to make sure that there is a flexible mechanism in the Bill so that the definition of a pedicab can be changed in the light of experience. That is sensible so that it can be done quickly to counter any attempts that people may make to escape the Bill’s provisions or get round them in some way. I hope the Minister will be sympathetic to that concern in his reply.

[Lord Davies of Gower (Con)]

My Lords, this second group of amendments focuses on the definition of a pedicab. I will open my remarks by addressing the Government’s amendments first.

The Government listened carefully to the points raised at Second Reading and have tabled Amendment 50 with the purpose of expanding the definition of “trailer”, for the purposes of the Bill, to include sidecars or vehicles pushed by a pedal cycle. This will ensure that pedicab drivers and operators cannot circumvent the intent of the Bill and future regulations by transporting passengers in a separate vehicle to the side or front of a pedicab. The other government amendment in this group, Amendment 43, is consequential to this change.

These government amendments address Amendments 3 and 42, tabled by my noble friend Lady Anelay of St Johns and the noble Lord, Lord Liddle. The amendment tabled by my noble friend seeks to expand the definition of “pedicab” to include

“a cargo box with seating attached to the front of the pedal cycle”.

Similarly, the amendment tabled by the noble Lord seeks to add “affixed carriage” to the definition so that the Bill captures scenarios where passengers are carried to the side or in front of the driver. As I mentioned, the government amendments have, hopefully, addressed any potential loophole here.

On the amendment tabled by my noble friend, the Government completely agree that passengers sitting in a cargo box should be subject to regulation. Under the current text of the Bill, this would be the case. This is because nothing in legislation defines a cargo box or cargo bike. A cargo box fixed to a bike with seating would form part of “a pedicab”. This is not a separate wheeled vehicle like a trailer; it is a pedal cycle adapted for the carrying of passengers, as per the definition in Clause 1(2). The Government hope their amendments have effectively addressed the issues raised by both noble Lords and satisfied my noble friend that those not in business will not be affected.

I will address Amendments 4 and 5—tabled by my noble friends Lady Anelay and Lord Blencathra—together, as they relate to linked issues. My noble friend Lady Anelay’s amendment seeks to probe whether “reward” captures minor gifts and to clarify the Bill’s intention towards those carrying passengers but not operating a business. My noble friend Lord Blencathra’s amendment seeks to exclude trailers designed for the carrying of babies and small children from the Bill’s scope. The Government understand that these amendments seek to achieve similar goals. To be clear, the Bill defines pedicabs in terms of being

“made available with a driver for hire or reward”.

This excludes from the scope of pedicab regulations the possibility of, for example, parents transporting their children using a pedal cycle.

The Government reflected on my noble friend Lady Anelay’s comments at Second Reading and are content that “reward”, as referenced in Clause 1(2), is unlikely to capture the giving of minor gifts. Instead, the Bill’s intent is instances where the reward is agreed in advance of a service being provided. However, the Bill’s provisions might feasibly capture instances where there is a formal agreement for an individual to transport other people’s children on a daily or regular basis in return for a pre-agreed payment. Such an individual would be providing a service, and it is not clear that this would be sufficiently different to the type of services the Bill intends to regulate to warrant exclusion from it. Ultimately, it will be for Transport for London to take a view on such matters in designing the regulations. It may choose to take certain types of pedicab usage outside of the regulations’ scope.

[Lord Liddle (Lab)]

I am rather thrown by what the Minister said at the end of his remarks, which implied that he thought the transport of children to school would be counted as a pedicab and therefore subject to this regulation. Please can he clarify this?

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[Lord Davies of Gower (Con)]

For clarification, the Bill’s provision might feasibly capture instances where there is a formal agreement for an individual to transport other people’s children on a daily or regular basis in return for a pre-agreed payment. I can only repeat what I said: it is not clear that this would be sufficiently different to the type of services the Bill intends to regulate to warrant exclusion from it.

[Lord Berkeley (Lab)]

What is wrong with the amendment suggested by the noble Baroness, Lady Anelay, to remove the word “reward”? If a pedicab is for hire then it is for hire; that is quite clear, but “reward” is not. Someone might pay their au pair a reward to take their kids to school in the back of such a vehicle, or they might be paid by someone else to take their kids. The thought of these wonderful parents in west London who are trying to be green and trying to work out whether they are obeying the law or have to apply to TfL for a licence is a bit worrying.

[Lord Davies of Gower (Con)]

“Hire or reward” is a recognised legal term in taxi and private hire vehicle regulations. The Bill intends the plain meaning of the word “reward”. A scenario where an individual receives a gift as a thank you is unlikely to be captured under the Bill’s provisions. The reference to a pedal cycle or power-assisted pedal cycle being made available with a driver for “hire or reward” is focused on instances where the reward has been agreed prior to the service being delivered.

[Baroness Anelay of St Johns (Con)]

My Lords, I am grateful to noble Lords who have supported my attempt to clarify matters. Having spoken to Amendment 4 and heard colleagues speak, I think I have encouraged the Minister to be less clear rather than more—although I appreciate that he is doing his best to clarify the position on what “reward” means. The base of this is that it can mean different things in different circumstances, and we need to focus on what it means within the circumstance of the Bill.

A moment ago, my noble friend the Minister repeated his point about the activity of someone who has not made a prior agreement for payment to carry someone. For example, my neighbour might agree to carry my grandchild, if I had one, without us making a prior agreement that there will be payment or reward for it—I might be sick and just ask them to do it for me. That, to me, is an instance that should not be caught by any regulation. I know that my noble friend the Minister is doing his best to explain why it should not come within the range of the Bill, but what he has to say in order to give leeway is that it is unlikely to be captured by the provisions of the Bill.

I appreciate that drafting legislation must be a nightmare. Having seen a raft of Bills over the years from three Governments—the coalition and Conservative Governments—and having been Chief Whip for seven years, I appreciate that it is a heck of a job. Often, legislation cannot clearly prescribe rules for every instance. I am really asking my noble friend the Minister: if we end up somewhere where we cannot be clear that a good Samaritan will not be clobbered by these regulations, can we at least make it clear to them that they might be clobbered and that they need to take that into consideration? I would be grateful if the Minister might consider that between now and Report. I am not expecting that to be in the form of an amendment, but it would be helpful if we had further explanation about the relationship there will be between the Government and TfL in terms of how and when regulations are brought forward and what kind of process goes on within the Department for Transport when it considers whether to say yea or nay to those regulations. Clearly, as the Minister said, this is new territory—I know the noble Baroness, Lady Randerson, does not agree with that and says there is existing territory around the country to provide for this—but we want to be sure that those who are doing a kindness to others do not find themselves having to go through Criminal Records Bureau checks. That is the old term of course; there is different terminology for those now.

In the meantime, I am grateful to my noble friend the Minister for trying to tease this out. It would be helpful to know from him a little more, in future, about how the Department for Transport will handle what will, to start off with, be quite a difficult interface between TfL and the department: both will want to get this right, but they may have a different definition of what “right” means. I beg leave to withdraw Amendment 3.

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[Lord Liddle (Lab)]

My Lords, before I get on to the points in this group on e-scooters and e-bikes, including the clause standing part, I will deal briefly with the others. The points made by the noble Lord, Lord Berkeley, on Amendments 7 and 9 seem sensible. I can think of no reason why something on those lines could not be incorporated in further government amendments. On Amendment 16, the noble Baroness, Lady Stowell, and my noble friend here spoke on the need for the strict regulation of people who are licensed. Again, we strongly support that.

The main question that people have raised is about e-powered pedicabs, e-scooters and e-bikes. On this side of the Committee, we were hoping that the Government were going to live up to their promise to produce a comprehensive transport Bill, which would have covered rail and bus licensing, and all these other issues. They have completely failed to do that and decided just to go for two relatively minor issues: pedicabs and autonomous vehicles. These have merits in themselves, of course, but it is disappointing that the Government have not given us the opportunity for a comprehensive look at transport regulation.

I hope the Minister will listen to the strength of feeling that has been expressed in this Committee about the Government’s failure to come up with a credible policy on e-scooters and e-bikes. I think he must realise that this is not a party question; it is a question of public safety on which people are looking for action. Maybe this Bill has been drawn up such that it cannot offer that action but, on Report, the House is entitled to expect a full statement from the Government on their intentions to regulate in this area. I ask the Minister quite bluntly: is it his intention that he will come forward with that statement before we come to Report?

[Lord Davies of Gower (Con)]

My Lords, this third group of amendments has covered a range of policy matters. I will again endeavour to address the issues raised in turn, but I point out at the outset that the noble Lord, Lord Berkeley, referred to the intentions of the Government to restrict. It is really not the intention of the Government to restrict the use of these pedicabs. We understand that they are enjoyed by visitors; the intention is solely to ensure that they are safe and properly licensed.

Amendment 7 in the name of the noble Lord, Lord Berkeley, seeks to place requirements on who Transport for London must consult before making pedicab regulations. The Government understand the intention behind this amendment, but it is not immediately clear that this would have a practical impact. Transport for London is fully supportive of this Bill and has a clear interest in its provisions being applied correctly through regulations. It consults frequently on a wide range of issues and is well versed in conducting public consultations of this nature. In fact, it has already indicated that a pedicab consultation would be extensively publicised and promoted to the pedicab industry, members of the public and stakeholders, including the police, London boroughs and resident and business groups. I hope this provides the noble Lord with some reassurance.

The noble Lord asked about where they can operate. It is clear that regulations may be made for the purpose of regulating pedicabs in London. Practically, pedicabs operate in Westminster and central London hotspots, and Clause 2(1) will also allow Transport for London to place conditions on their licences.

[Lord Berkeley (Lab)]

The Minister said that they operate in London—what is the definition of London? I met some people today who were talking about pedicabs in Paris. Apparently, there is a big problem with them around Charles de Gaulle Airport. I do not know whether that is within the definition of Paris. These people may suddenly decide to sort things out at Heathrow or Gatwick, so is there a geographical limit to which these regulations will apply?

[Lord Davies of Gower (Con)]

I venture to suggest to the noble Lord that this is a matter for Transport for London when it forms the regulations. It is not for me to suggest, but it might decide that they will apply within the London boroughs.

Amendment 9, also tabled by the noble Lord, Lord Berkeley, seeks to define objectives to which Transport for London must have regard in making pedicab regulations. Transport for London has confirmed that, in establishing a licensing regime for pedicabs, public safety will be its primary concern. Beyond this, it has stated that it recognises the need for regulations to tackle issues such as noise nuisance, street and pavement congestion and excessive charging. This should offer comfort to the noble Lord about Transport for London’s intentions. These matters are likely to form part of the public consultation and continue to inform Transport for London’s thinking as regulations are developed. Furthermore, issues raised by this amendment such as safety, fare control and licensing are covered by provisions contained in the Bill. Therefore, at this stage, it is not appropriate to constrain or pre-empt the consultation or pedicab regulations by being overly prescriptive in the Bill.

The noble Lord, Lord Hunt of Kings Heath, is seeking to probe why e-scooters and e-bikes are not covered in Clause 1, as mentioned by other noble Lords. The Bill is limited in scope and focused on addressing the legal anomaly relating to London’s pedicabs. As such, practically, it extends to Greater London only and its focus is pedal cycles used for transporting passengers for hire or reward. The inclusion of e-scooters and e-bikes would appear at odds with this scope. E-scooters and e-bikes are generally used by individuals to undertake personal travel. They are not used to transport passengers for hire or reward. Consequently, the issues that this Bill seeks to address do not appear to apply to e-scooters or e-bikes.

There is also national legislation, not limited just to Greater London as this Bill is, that applies to e-scooters and e-bikes. E-bikes are already regulated by the Electrically Assisted Pedal Cycles Regulations 1983, while e-scooters are considered motor vehicles under the Road Traffic Act 1988. As such, e-scooters are illegal to use anywhere other than on private land or as part of government trials unless they meet the requirements of motor vehicles in terms of technical requirements, insurance, registration and so on.

The Government recognise that there are issues with e-scooters that we need to address, but this Bill is not the appropriate place to do so. As has been mentioned, we recently extended the e-scooter trials until 31 May 2026 to continue to gather evidence on how best to legislate for micromobility, including e-scooters, in future. Given the pressure on legislative time, that legislation will not come forward in this Session, unfortunately. Ahead of that, the Government intend to consult on the detailed approach for regulating e-scooters; I believe that that consultation and the future legislation will be the appropriate place for noble Lords’ points to be addressed.

[Baroness Stowell of Beeston (Con)]

That being the case, is there any instruction, guidance or request that the Government can make of the police in the intervening period to enforce the law around the private use of e-scooters on public roads?

[Lord Davies of Gower (Con)]

It is a matter for the police to administer in terms of any offences that may be caused, but I take my noble friend’s point. I will take her point back to the department.

[Lord Liddle (Lab)]

The Minister mentioned a forthcoming consultation on e-scooters. I realise that this is a difficult issue for him, by the way; I am not trying to be difficult. Can he give us any indication of when it might take place and whether a consultation paper on this subject will be produced in the next month or two? If he cannot do so this afternoon, will he come back to us quickly on the Government’s plans for this consultation? He must recognise that there is tremendous strength of feeling on this issue and that the Government will have to do something to assuage the strong feelings in this House.

[Lord Davies of Gower (Con)]

I understand the strength of feeling. I will certainly ensure that we write with any information regarding a forthcoming consultation.

I turn to Amendment 12 in the name of my noble friend Lord Leigh of Hurley, which seeks to require Transport for London to carry out its pedicab licensing functions with a view to promoting the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm. Although the Government agree that these are important aims, the Licensing Act 2003 focuses on the licensing of the sale of alcohol and tobacco, as well as the provision of entertainment. Taxi and private hire vehicle licensing is not included in the scope of the 2003 Act. This means that these objectives do not apply to pedicabs outside London, where they are regulated as taxis. In fact, the taxi and private hire vehicle legislation that applies in England, as well as what applies in London specifically, does not explicitly state the objective of licensing as it was introduced for the protection of the public through regulation. Therefore, the approach proposed by my noble friend does not seem appropriate in this case. I instead point to the relevant statutory duties and requirements placed on Transport for London as a public body overseeing services to the public.

I turn to Amendment 14 in the name of the noble Lord, Lord Liddle. It seeks to expand Clause 2(4) so that pedicab licensing fees could be set at a level that enables investment in wider transport infrastructure in Greater London. The Government feel that this amendment would impose an unfair burden on pedicab drivers and operators—one that goes beyond the established principles on how licensing fees are set by local authorities. It would result in a different approach to pedicab licensing compared to taxis, which pedicabs are licensed as outside of London, and private hire vehicles. The Government’s intention in enabling Transport for London to regulate pedicabs is to help the emergence of a sustainable and well-regulated sector. This amendment may discourage reputable pedicab drivers and operators from continuing to ply their trade.

[Lord Liddle (Lab)]

I apologise for forgetting to mention that amendment in my speech. What made us put it forward is the fact that there are a lot of problems with pedicab parking. They may require adjustments to roads and pavements, which can be quite expensive for local authorities; I know that as a former member of one. It seems only reasonable to us that such costs should be recoverable.

[Lord Davies of Gower (Con)]

I understand where the noble Lord is coming from but I am afraid that it does not alter my response to his submission.

I move next to Amendment 16 in the names of the noble Lords, Lord Liddle and Lord Storey, which I will address alongside Amendment 31, also in the name of the noble Lord, Lord Liddle. These amendments relate to enhanced Disclosure and Barring Service checks for pedicab drivers and operators. Amendment 16 would make these checks compulsory and Amendment 31 would require the Government to bring forward the necessary regulations within 90 days of this Bill receiving Royal Assent.

Amendment 16 would bring parity for London’s pedicab drivers with taxi and private hire vehicle drivers—including pedicab drivers outside London, where pedicabs are regulated as taxis. Transport for London has been clear that an effective licensing regime must be underpinned by enhanced Disclosure and Barring Service checks, and has raised the associated risks of bringing forward regulations without this requirement in place. This is a matter that the Government are actively looking into. We have requested that Transport for London submit evidence clearly making the case for these checks; this will be assessed in due course.

However, making pedicab drivers in London subject to enhanced Disclosure and Barring Service checks will, following the passage of this Bill, require changes to the Police Act 1997 (Criminal Records) Regulations 2002, as amended, and the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. There is no guarantee that this can be done in parallel with the Bill.

Amendments 47 and 48 have been tabled in the names of the noble Lord, Lord Berkeley, and the noble Baroness, Lady Randerson. They seek to add a statutory requirement for there to be consultation or a review period for pedicab regulations.

Amendment 47 proposes to add a further consultation requirement six months after the Bill comes into force. Its purpose is to assess whether pedicabs should be prohibited in London or have conditions placed on their operations based on safety concerns.

Amendment 48 proposes that a 12-month review of pedicab regulations becomes a statutory requirement, its purpose being to assess the necessity of further regulations. The Government understand that the intention of the noble Lord, Lord Berkeley, and the noble Baroness, Lady Randerson, is potentially to broaden the scope of the Bill so that e-scooters and e-bikes fall within it. As I have set out, the Government are continuing to gather evidence to support further policy development in this area, which noble Lords have already discussed. The Bill’s scope is narrow and focused on addressing the legal anomaly relating to pedicabs in London.

As regards a review, the Government agree that, as this legislation paves the way for the first regulatory regime designed specifically for pedicabs, the impact of regulations will need to be reviewed. The timescales proposed by these amendments would not allow sufficient time to assess the impact of regulation adequately, as there will no doubt be a need for regulations to bed in and sufficient time will be needed to gather evidence. However, the Government are committed to undertaking a voluntary review of the policy five years post implementation and would work with Transport for London to conduct this assessment.

[Lord Berkeley (Lab)]

Amendment 47 has nothing to do with e-bikes or e-scooters; it is about power-assisted pedicabs. It suggests that TfL must consult

“persons as they consider to have an interest … on whether to prohibit … the use of power-assisted pedicabs in Greater London on grounds of safety”.

Many noble Lords have spoken about the safety risks, including me. This is purely about power-assisted pedicabs and whether there should be a review of the safety of the power bit—obviously—of pedicabs. It is nothing to do with e-scooters or e-bikes. I would be grateful if the Minister could either respond to it now or write to me about the grounds of safety of power-assisted pedicabs in the review.

[Lord Davies of Gower (Con)]

I take the noble Lord’s point; I will have to come back to him in writing on that.

I turn to Amendment 52, the final amendment in this group, in the name of the noble Lord, Lord Liddle. It seeks to bring forward the commencement of this Bill to immediately after it receives Royal Assent. The two-month period is a standard convention for government Bills. A benefit of this approach is that it provides sufficient time for the pedicab industry, in particular reputable operators, to prepare for the introduction of licensing and a regulated industry. In this case, there appears to be no practical advantage to the Bill coming into force immediately. During the two-month period between Royal Assent and the Bill’s provisions coming into force, Transport for London will be able to undertake preparatory work such as developing its consultation.

I turn to the points made by the noble Lords, Lord Berkeley and Lord Foster, on batteries, which we will cover a little later on in consideration of this Bill.

[Viscount Goschen (Con)]

My Lords, when the Minister comes to address Amendment 47 in the name of the noble Lord, Lord Berkeley—he said he would write to him about that—would he mind also addressing the point about pedicabs that are no longer powered by pedal? By what regulations are they then caught? We are seeing bicycles surreptitiously masquerading as bicycles when they are in fact motor vehicles. If he could address that point, that would be very helpful, but he does not need to do so now.

[Lord Davies of Gower (Con)]

I apologise for not addressing that but I will ensure that it is addressed in letter form.

[Lord Berkeley (Lab)]

My Lords, we have had a wide-ranging debate on this group of amendments. I am sure that we all have a lot to think about. On some things, I hope that the Minister will come back to us with some answers; for others, we will probably have to wait for another Bill—under another Government, even. However, on that basis, I beg leave to withdraw Amendment 7.

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[Lord Davies of Gower (Con)]

My Lords, this fourth group covers operational matters. I will now address each amendment in the group.

Amendment 11, in the name of the noble Baroness, Lady Randerson, seeks to probe why existing legislation is not sufficient to cover immigration status and right-to-work checks. The Government’s expectation is that, as in the taxi and private hire vehicle industries, the majority of pedicab drivers will be self-employed. Self-employed individuals are not subject to right-to-work checks undertaken by employers under the Immigration, Asylum and Nationality Act 2006. The Immigration Act 2016 made immigration checks mandatory and embedded safeguards into existing licensing regimes across the UK. In London, this was achieved through amendments to the Metropolitan Public Carriage Act 1869 and the Private Hire Vehicles (London) Act 1998. Clause 2(2) intends to ensure parity between a pedicab licensing regime in London and taxis and private hire vehicles. Its exclusion would create a gap, leading to the sector potentially being exploited by those who intend to work illegally.

Pedicab ranks, which were raised by the noble Baroness, Lady Randerson, will be a matter for Transport for London to identify and establish. With regards to the Hammersmith Bridge issue that she mentioned, I am happy to meet but I suspect that, again, Transport for London will have to decide on that.

Amendments 17 and 18 have been tabled in the names of a number of noble Lords and relate to noise nuisance caused by pedicabs. I will therefore respond to them together, if I may. The Government are very aware of the concerns held by noble Lords and share them. The Government assure the Committee that they are taking this issue seriously and have sought assurance from Transport for London over its policy intentions. Transport for London has confirmed that pedicab regulations would cover the conduct of drivers, including playing loud music and causing disturbances.

Given Transport for London’s clear intention and the scope of Clause 2(6), which confers broad powers on to Transport for London, this would seem sufficient to address noble Lords’ concerns. However, the Government welcome the views shared in the Committee, and noble Lords will be pleased to hear that the question of whether this matter requires specific provision in the Bill remains open.

[Baroness Stowell of Beeston (Con)]

My Lords, I am hugely grateful to my noble friend for what he just said and welcome it very much. In considering whether this should be added to the Bill would he share with us whether, given my concern that noise is not only out of bounds after certain times but an issue 24 hours a day, that is something the Government can also take account of?

[Lord Davies of Gower (Con)]

My noble friend raises a very valid point and something that we will take into account.

Amendment 19, in the names of my noble friends Lord Blencathra and Lord Strathcarron, Amendment 20, in the name of the noble Lord, Lord Liddle, and Amendment 21, in the names of my noble friend Lord Blencathra and the noble Lords, Lord Berkeley, Lord Hunt of Kings Heath and Lord Foster of Bath, all relate to Clause 2(6) of the Bill, so I will address them together.

The matters listed under Clause 2(6) are intended to provide a discretion for Transport for London to determine what is most appropriate in bringing forward pedicab regulations following a consultation. This is not an exhaustive list; it rather provides flexibility for Transport for London. However, the Bill is clear that pedicab regulations could cover matters such as the quality and roadworthiness of pedicabs; safety and insurance requirements; the equipment that must be carried on pedicabs; their appearance or markings; and testing requirements. The Government consider that this gives Transport for London sufficient scope to address issues, such as those covered by these amendments in pedicab regulations.

Amendment 22, in the names of my noble friend Lord Blencathra and the noble Lords, Lord Berkeley, Lord Hunt of Kings Heath and Lord Foster of Bath, seeks to require the batteries in power-assisted pedicabs bear the marking UK conformity assessed or the European equivalent—CE or conformité Européenne. These markings denote conformity with statutory requirements. I note that the requirement for power-assisted pedicabs to meet suitable product regulation is covered by existing law and therefore this amendment is not necessary; I will explain why this is the case.

As is the case with all e-cycles and e-scooters, power-assisted pedicabs need to comply with several product safety regulations. These include the Supply of Machinery (Safety) Regulations 2008. These regulations set out essential health and safety requirements for how the product must be designed and constructed.

Power-assisted pedicabs, as a whole product, are regulated under these regulations. These require manufacturers to ensure that pedicabs meet essential health and safety requirements and that the relevant conformity assessment procedure is undertaken. The manufacturer would then affix the UKCA or the CE marking before the product could be sold in the UK. To be sold lawfully on the UK market, power-assisted pedicabs must already have this marking. If they do not, they are in breach of the regulations.

Noble Lords may point to examples of pedicab drivers or operators adapting their power-assisted pedicabs after they have been purchased. Product regulations would not be relevant here; however, I again point to Clause 2(6) of the Bill, which provides scope for TfL to set out the expected standards for pedicabs through the regulations.

Pedicab batteries are not subject to a regime that requires the UKCA marking to be affixed to them, but the Office for Product Safety and Standards is in the process of reviewing the position with regard to these batteries. Once that review has taken place, my friend the Minister in the other place, Minister Hollinrake, will assess what appropriate and targeted action should be taken.

While pedicab batteries are not subject to an independent regime that requires the UKCA marking to be affixed to them, they must comply with the Batteries and Accumulators (Placing on the Market) Regulations 2008. This restricts the substances used in batteries and accumulators and sets out requirements for their environmentally friendly end of life.

Amendment 23, in the name of the noble Baroness, Lady Randerson, seeks to allow Transport for London to place a cap on the total number of pedicabs operating in London. As the Committee is aware, the Bill will regulate the industry for the first time. The introduction of licensing is likely to see a short-term reduction in the number of pedicabs, as drivers exit the industry rather than apply for a licence. Over time, it is likely the industry will find a natural level in response to passenger demand.

The Government’s intention is to support the emergence of a safer, fairer and sustainable pedicab industry. This amendment could undermine the role of competition in that process. Competition benefits consumers by incentivising operators to give value for money to innovate and improve service standards. The existing powers in the Bill, which enable Transport for London to place limitations on pedicab operations under Clause 2(7)—including restricting the number of pedicabs operating in specified places or at specified times—are therefore considered sufficient to manage London’s pedicabs.

Amendment 24 in the name of the noble Lord, Lord Liddle, seeks to prohibit pedicabs being driven in cycle lanes. As I have set out, Transport for London will be able to place limitations on where and when pedicabs can operate, under Clause 2(7) of the Bill. Transport for London has indicated that it will consider prohibiting pedicabs operating on major roads and tunnels, as it does already for cycles, in the interests of public safety. This will be an aspect of Transport for London’s consultation, prior to making pedicab regulations.

Amendment 25 in the name of the noble Lord, Lord Berkeley, proposes to empower the relevant traffic authorities—in this case, Transport for London and London boroughs—to designate pedicab ranks. Amendment 26 in the name of the noble Baroness, Lady Randerson, similarly relates to pedicab ranks, specifically seeking to make provision for Transport for London to designate them.

Transport for London has confirmed that it will give proper consideration to the question of dedicated road space for pedicabs, taking into account the needs of pedicab drivers, passengers and other road users. This approach draws on Transport for London’s significant experience in this area through managing taxi ranks. As I mentioned, proposals brought forward by Transport for London will be subject to a consultation and will likely require collaboration across relevant parties, including London boroughs and industry groups. Amendment 51 in the name of the noble Lord, Lord Berkeley, is consequential to Amendment 25.

Excessive fares can spoil a visitor’s trip to London, leaving a sour taste and affecting London’s reputation as a global hub for tourism. That is why Clause 2(5) of the Bill has been included. It confers powers on Transport for London to determine what fares pedicabs charge, and when and how passengers are informed of fares. Transport for London has been clear that it sees pedicab regulations as a chance to address disproportionate fares, as well as other negative impacts associated with pedicabs.

Regarding fines, Clause 3 sets out the suite of enforcement tools available to Transport for London in bringing forward pedicab regulations. These have been drafted to provide flexibility in the design of an effective regulatory regime. There is also the ultimate sanction, under Clause 2(1)(b) of the Bill, of revoking a licence for rogue pedicab operators or drivers. The Government consider the scope of these enforcement powers sufficient to tackle excessive fare charging.

[Baroness Randerson (LD)]

I thank the Minister for his detailed response. We have had plenty of detail, which we can think about between now and Report.

I want briefly to pick out a couple of points that have been made. I re-emphasise the salutary point made by my noble friend Lord Foster about comparing the level of regulation on fireworks with the treatment of lithium batteries. It is part of a pattern that we see in so many fields: you get a build-up of public concern and statistics of incidents that lead to legislation, and the social change to go along with it. I hope that the Minister will take that message back to his colleagues.

The noble Lord, Lord Strathcarron, raised an important and complex issue around cycle lanes. It emphasises why these decisions need to be made at a local level where people understand exactly the issues, such as where one cycle lane is ridiculous and another is perfectly acceptable.

I thank the noble Lord, Lord Liddle, for his comments, which underline the way in which this sector has been neglected over decades.

It comes to my mind that there is, of course, the London Pedicab Operators Association. Has the Minister met it and taken any of its views into account? If he has not, it is referred to in briefings that we have been given as Members of this House; the fact that it exists and that it represents the sector suggests that there is real hope that regulation will improve things and could do so more rapidly than we might think.

I beg leave to withdraw my amendment.

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[Lord Liddle (Lab)]

My Lords, I will follow up on the points about enforcement and penalties. I hear very much what the noble Baroness, Lady McIntosh, and the noble Viscount, Lord Goschen, said. My remarks will focus on something specific to pedicabs and their regulation: the level of fines that could be imposed on them. My Amendments 33 and 34 are relevant to this.

It seems that there is well-attested abuse, by a minority of pedicab drivers, of vulnerable customers, who are overcharged—vast amounts of money in some cases. Yet, as I understand it—I stand to be corrected if this is not the case—the maximum fine is at level 4, which is £2,500, rather than £5,000. I put it to the Government that unscrupulous people will regard a fine of £2,500 as a business expense, thinking they can pay the fine and continue to behave as badly as they do. Therefore, I believe there should be provision for a higher level of fines to deal with unscrupulous pedicab drivers.

[Lord Davies of Gower (Con)]

My Lords, we come to the final group of amendments, focusing on enforcement. Amendment 28, in the name of the noble Lord, Lord Berkeley, seeks to probe the intention and meaning of Clause 2(10). The Bill intends to give Transport for London a level of flexibility in designing pedicab regulations that are workable and meet its needs. This will be central to shaping a robust and effective regime. In achieving this aim, Transport for London has been clear that, as with taxi and private hire vehicle enforcement, it must be able to authorise others to carry out functions under the regulations on its behalf, such as enforcement activities. Clause 2(10) provides for this.

Amendments 32, 35 and 36, tabled by my noble friend Lady McIntosh, seek to add to the Bill provision covering death or serious injury caused by the careless, inconsiderate or dangerous use of pedicabs, with accompanying penalties. Of course, any death on our roads is a tragedy. Although we have some of the safest roads in the world, the Government are committed to making our roads even safer. The Government agree that dangerous cycling puts lives at risk. This is why there are already strict laws in place for cyclists, and the police have the power to prosecute if they are broken. They include laws to prosecute cyclists who cause bodily harm under Section 35 of the Offences against the Person Act 1861, which carries a maximum punishment of two years’ imprisonment. They also include cycling offences under the Road Traffic Act 1991 for careless cycling, with a maximum fine of £1,000, and dangerous cycling, with a maximum fine of £2,500. Furthermore, I am sure my noble friend will welcome the Department for Transport’s response to the consultation on death or serious injury by dangerous cycling, which will be published in due course.

However, we do not consider these amendments necessary. Pedicabs will be treated in the same way as pedal cycles, and their drivers will be treated as cyclists for the purpose of dangerous cycling offences. The exception would be if a pedicab is deemed a motor vehicle, in which case it would be subject to motoring offences.

My noble friend Lady McIntosh asked about enforcement; the noble Viscount, Lord Goschen, touched on this as well. Transport for London will have its own enforcement officers who work together with the police on this. I hear what the noble Viscount had to say about enforcement—or perhaps a lack of it. It is an operational matter for police and what he said is disappointing, but I certainly hear it loud and clear. As I said, it is for the police to respond to.

On the question that my noble friend Lady McIntosh raised, the figures, fines and penalties are an issue that lie with the Home Office. As for the Deliveroo L plate drivers and whether they are legally here, again, that is a policing matter. I am not too sure whether they can remain with L plates forever; we will have to write back to her on that. Certainly, that is a point well made.

Amendment 33 in the name of the noble Lord, Lord Liddle, seeks to increase the level of fines for offences committed under pedicab regulations from level 4 to level 5. This would mean that there would be no upper limit to the fines issued. The enforcement tools in the Bill are comprehensive, providing Transport for London with the scope to design an enforcement regime that can effectively target the rogue operators which have profited from a lack of regulation for too long. Clause 3(2), which this amendment seeks to change, is part of a suite of tools in the Bill.

Pedicab regulations will be able create offences providing for the giving of fixed-penalty notices or the imposition of penalties. These powers are supplemented by the ability to seize, immobilise, retain and dispose of pedicabs. There is also the ultimate sanction of stopping a pedicab driver or operator conducting business by revoking their license under Clause 2(1)(b). The Government expect Transport for London to take a view on how best to regulate the industry, subject to engagement with stakeholders and a public consultation. As the Committee is aware, pedicab regulations will be subject to approval by the Secretary of State. This should provide assurance to any noble Lords concerned by the scope of these powers.

Amendment 3, in the name of the noble Lord, Lord Berkeley, seeks to provide parity with civil enforcement powers applicable to contraventions committed by drivers and riders of motor vehicles. The power to impose civil penalties through pedicab regulations is explicitly tied to offences under Clause 3(1). These are not motoring offences; they relate to the provision of false or misleading information in connection with licences and the failure to comply with requirements, prohibitions and restrictions imposed by pedicab regulations. We therefore consider this amendment unnecessary.

I will address Amendments 39 and 49 together, which have again been tabled by the noble Lord, Lord Berkeley. These seek to place limitations on the immobilisation and seizure of pedicabs by making equivalent provisions to those relating to motor vehicles under Section 59 of the Police Reform Act 2002. This would amend Clause 3(6), which is intended to provide Transport for London with flexibility in designing pedicab regulations. The ability to immobilise, seize, retain and dispose of pedicabs that are illegal, or used illegally, and to target rogue operators will help establish a more sustainable and reputable pedicab industry in London. Limiting Transport for London’s powers in the manner proposed in this amendment could potentially remove the possibility of pedicabs that are not roadworthy, unsafe or are being used consistently in contravention of the regulations, being removed from London’s streets. However, the powers under Clause 3(6), are subject to safeguards in the Bill.

[Lord Berkeley (Lab)]

I hear what the Minister says about the impounding of pedicabs and things like that. It may be quite necessary and justified. Are there similar powers available now in respect of TfL and taxis? It should be proportionate, should it not?

[Lord Davies of Gower (Con)]

I hear what the noble Lord says, but I am not sure that it should be proportionate. If he is concerned about the powers, I was going on to say that the powers under Clause 3(6) are subject to safeguards in the Bill. They are achieved by Clause 4(3), which provides a right to request that a decision to immobilise, seize, retain, and dispose of a pedicab is reconsidered and a right to appeal the decision at a magistrates’ court. I also note that the Bill paves the way for a separate pedicab licensing regime. The intention of this amendment to make equivalent provision to powers to immobilise and seize vehicles under another regime is therefore not likely to be the most appropriate course of action.

Amendment 49 is consequential to Amendment 39, and I have addressed that in my remarks.

I will now move to Amendment 40, the final amendment of this group and the last one that I will address in Committee. It is in the name of my noble friend Lord Blencathra and seeks to expand the list of bodies that could exercise powers contained under Clause 3(6). As I have set out, this subsection contains an important power in the suite of enforcement tools that will be available through pedicab regulations. Transport for London has been clear that it will work with the Metropolitan Police and London boroughs to conduct enforcement. Powers contained in the Bill already allow Transport for London to confer functions on to other authorities, as it deems necessary, to support an effective enforcement regime.

That draws my remarks to a close. I thank noble Lords for taking the time to discuss the Bill today. The diligence that the Committee has shown has allowed for a thorough examination of the Bill and its purpose. I am grateful for this and look forward to continuing to discuss the Bill with noble Lords during its parliamentary passage.

[Lord Liddle (Lab)]

Before the noble Lord sits down, I thank him for his comprehensive response, which we can examine at our leisure. The one part of it that I find unsatisfactory is the point about fines. I must say to him that, unless the Government move on this issue, we will raise this matter on Report.

[Lord Davies of Gower (Con)]

I understand the noble Lord’s concern. It is something that we will discuss back in the department, but whether it will change is another matter.

[Lord Berkeley (Lab)]

I am grateful to all noble Lords who have spoken on this fifth group of amendments. We have had some very useful discussions and I shall read Hansard with great interest tomorrow. We will see whether we come back on this on Report or have some further meetings. I am sure that the Minister will be open to meetings—he has already said he would be. On that basis, I beg leave to withdraw this amendment.

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Moved by

[Lord Davies of Gower]

43: Clause 5, page 4, line 19, at end insert “(and for this purpose “trailer” has the same meaning as in the Pedicabs (London) Act 2024 (see section 7 of that Act))”
Member's explanatory statement
This is consequential on my amendment to clause 7.

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Moved by

[Lord Davies of Gower]

50: Clause 7, page 5, line 2, at end insert—
““trailer” , in relation to a pedal cycle, includes a sidecar or a vehicle pushed by a pedal cycle.”Member's explanatory statement
“Pedicab” is defined by clause 1 to mean a pedal cycle, or a pedal cycle in combination with a trailer, that is constructed or adapted for carrying one or more passengers etc. This amendment provides that “trailer” includes sidecars or vehicles pushed by pedal cycles.