London Black Cabs

Lord Goldsmith of Richmond Park Excerpts

Tuesday 15th September 2015 Westminster Hall

[Zac Goldsmith (Richmond Park) (Con)]

I beg to move,

That this House has considered the future of black cabs in London.

It is a pleasure to serve under your chairmanship, Sir Edward. We have an hour and a half for the debate and I know that a number of people want to speak, so I will keep my remarks quite short and to the point.

Black cabs are an iconic part of London and are famous around the world. The first horse-drawn hackney coaches appeared in London during the reign of Queen Elizabeth I, and the first taxi rank was installed in the Strand just over 400 years ago. The famous knowledge was started in 1884. Today there are 25,000 black cabs in London. They remain a vital part of the capital’s transport system and play a key role in keeping London moving.

For me, black cabs are one of the things that make London stand out. Their value is not necessarily quantifiable but is huge and real, all the same. I am reassured, for example, by the fact that taxi drivers have had rigorous background checks. I like the fact that they know every nook and cranny of our capital. For many people visiting our country, our unique taxis are the first thing they see and their drivers are the first people they meet and talk to. I would think nothing, personally, of depositing any one of my children in a black cab at any time, as I would know absolutely that they would be safe. It is hard to put a number on all that, but it is worth something.

The tragedy is that black cabs’ days could soon be numbered. If trends continue, I do not think that there is any doubt that they will be extinct in a matter of years. I will briefly explain why. Transport for London’s rules enforce a two-tier system for taxis in London. London’s black cabs can ply for hire and wait at ranks. Their fares are set by TfL, as are their stringent service standards. The reason they are licensed to pick up anyone from the street is that TfL has confidence that the drivers and vehicles are safe and the price is fair. Private hire vehicles, on the other hand, have to be pre-booked, so cannot legally ply for hire. Their fares are not set by TfL and their drivers do not pass the knowledge or do advanced driver courses. PHVs have less regulation because customers book them in advance and so know what deal they are getting and what service they can expect.

That system largely worked fine until recently, but the emergence of Uber has turned it on its head. The speed of the Uber app means that its cars are effectively hailed by users, and no one can reasonably argue that they do not also ply for hire, picking up people straight from the street. The one key advantage enjoyed by black cabs has simply evaporated.

I have been told recently by people who think of themselves as free marketeers that we should not intervene—we should let progress have its way and let the market decide. But that is not an honest position to take, for the simple reason that the black cab trade in London is not a free market and never has been. Costs are piled on to the black cab by regulation. They are the most regulated taxis in the world by far. Black cab drivers’ fares are set for them by TfL and they are told which vehicles they are allowed to drive. Their vehicles must have a turning circle of 8.535 metres, a partition separating passenger from driver, an overall length of no more than 5 metres, a flat door in the passenger compartment with a minimum height limit and an approved taxi meter, and must be able to accommodate a person in a wheelchair.

[Mark Field (Cities of London and Westminster) (Con)]

Although I have a lot of sympathy with what my hon. Friend is saying, equally, we do have technological change, and Uber is part of that. Given that Uber is now in this highly regulated black cab market, is there not a perfectly good Conservative argument that suggests that the amount of regulations for our black cabs should be reduced to make them more competitive?

[Zac Goldsmith]

I agree with my right hon. Friend up to a point; I will come to that shortly, but I do not think it will be enough. Deregulating the black cabs to put them on a genuinely level playing field with Uber and the like would logically mean the end of the black cab. That is the decision we need to make, but it is not one I would be happy with.

[Sadiq Khan (Tooting) (Lab)]

I congratulate the hon. Gentleman on securing this debate; if the polls are right, I suspect this will be the first of many debates he and I will be having between now and May. The right hon. Member for Cities of London and Westminster (Mark Field) referred to technological innovation with regard to Uber. Rather than deregulating the black cab in a race to the bottom, should there not be innovation in regulation for private hire vehicles, and Uber in particular, to make sure that there is a level playing field?

[Zac Goldsmith]

I agree with the right hon. Gentleman, and I will come on to the steps we need to take as a minimum to maintain the two-tier system and encourage innovation.

I will finish my point about the lack of free market for black cabs. I mentioned some of the specifications and the hoops the black cab drivers have to jump through, but that is not the only factor. We all know about the knowledge, a gruelling exercise that takes on average 50 months—between two and five years—to study. It has a failure rate of 80% and is done entirely at the driver’s expense. Black cabs also have to be wheelchair accessible. London is the only major city in the world that requires that. Given that around 1.2 million Londoners have some form of disability, that requirement is a good thing, but it adds enormously to costs.

Some have suggested that we simply remove the regulations and let the drivers fight it out, but on the whole the regulations have worked for London, and removing them effectively means losing the black cab altogether. There was a very good debate on the Floor of the House not long ago on this very issue. In what I thought was a magnificent speech, my hon. Friend the Member for Broxbourne (Mr Walker) said:

“London cannot have it both ways. It can try, but it will end in tears.”—[Official Report, 15 July 2015; Vol. 598, c. 1054.]

He is right. My starting point is that London would be poorer without black cabs and we should ensure that they have a future.

The question is how we do that. Partly it is a question of helping black cabs to compete, which means looking at unnecessary regulations: turning circle technology, for example, is probably not necessary and adds an enormous cost to the car. I know that TfL is keen to build more taxi ranks. I believe that a third of all taxi journeys in London start at the taxi rank and there is a strong case to be made for rolling ranks out all over London, not least to help deal with congestion. We should also help black cabs to switch to contactless payment systems. That is what consumers expect—83% of passengers polled recently want to be able to pay by card—but only half of London’s cabs currently take card payments. There is a case for subsidising that process. If we measure the cost of that subsidy against the costs imposed on black cabs through regulation, it would be a fairly small piece of the equation.

[Gareth Johnson (Dartford) (Con)]

I congratulate my hon. Friend on securing this debate on an issue that I know he cares about passionately. Many black cab drivers live in my constituency of Dartford. If London were to lose its black cabs, that would be a tragedy that had an impact way beyond the capital, into the home counties, where so many black cab drivers live. They tell me that they want equality of arms, so that the right and necessary checks carried out on them are also carried on other drivers.

[Zac Goldsmith]

I agree with my hon. Friend, and will be coming to that point.

Before I move on to the steps we need to take on regulation, we should acknowledge that black cabs are already adapting and changing fast. From 2018, all new black cabs will be zero-emission capable, helped by £8,000 grants from the Mayor. The cost to drivers will be no greater than that of buying conventional cars, but the cost of managing the cars will be much lower because they will be independent of fuel and will be able to fuel their cars electrically. That change has been very much welcomed by the drivers I have spoken to. Incidentally, the first motor cabs, which arrived in 1897, were electric, so we are seeing a neat ecological full circle—we are experiencing the circle of life right here in London with our black cabs. Many drivers are also using new booking apps, some of which are very innovative. For example, some help passengers to share journeys; others enable serious discounts over longer distances.

I do not believe that on their own those changes will be enough, however. We need to find a way to maintain the two-tier system distinguishing between cabs and taxis that has worked well in London for over 50 years.

[Grahame M. Morris (Easington) (Lab)]

I apologise for arriving late and congratulate the hon. Gentleman on securing this important debate. I was listening carefully to what he said about improvements to air quality. Does he acknowledge that the huge influx of minicab drivers and Uber drivers has had a really negative effect not just on air quality but on congestion in central London?

[Zac Goldsmith]

I agree with the hon. Gentleman and will be making a similar point shortly. We need to look at that issue.

The bottom line is that we need to find a way of maintaining the two-tier system. I know that some within the black cab trade are calling for a mandatory five-minute period between booking and pick up to try to maintain the divide. I understand why that would work, and there is a strong case for it, but I worry that it would alienate—even infuriate—customers, who would not understand why it was happening. I understand that a similar mechanism has been brought in in New York, and there has been a considerable customer backlash there, which has been felt by the Mayor, who introduced the scheme, and whose popularity has been collapsing as a consequence.

[Mark Field]

I want to touch on the issue of choice, which my hon. Friend has raised. One of my concerns about the black cab’s protected position is that we hear voices saying that we should outlaw Uber and ban pedicabs. Could my hon. Friend give some indication of where he stands on both those issues? Would such an approach be detrimental to consumer choice, or would it be the right way to protect the market?

[Zac Goldsmith]

I absolutely do not want to deny people the choice they clearly want and need in London. There is therefore no question of banning Uber, but there is a need for more clarity in the regulatory system. That is the point I will be making shortly, and I hope my right hon. Friend will intervene as I continue.

I am sceptical of the five-minute rule proposal, but I hope the Government will commit to working with TfL to urgently define what “ply for hire” actually means. For the black cabs, their customers and London generally, that cannot remain the grey area it is today.

More broadly, the Government need to address the issue of the sheer number of cabs in London, which the hon. Member for Easington (Grahame M. Morris) mentioned. In August, there were a staggering 86,500 minicab drivers in London—a 46% increase in just five years. That number grows by more than 1,000 every month, with obvious congestion and air quality implications. That needs to be addressed, and we need to take a view on the private hire vehicle trade’s carrying capacity in London.

While few people want to see the end of Uber—I absolutely do not want to, because Uber does innovate and provide choice—there is no doubt that standards need to be raised. That view was shared by the overwhelming majority of respondents to a YouGov poll the other day, 62% of whom said they would like a higher standard applied to private hire vehicles and to Uber in particular.

For instance, the Government should, in my view, require all minicab companies to take out fleet-wide insurance policies to guarantee consumer safety. That does not seem an unreasonable request, and TfL has confirmed to me that it regularly repeat-catches uninsured drivers. Drivers should have a basic geographical knowledge—not the knowledge, because that would be unrealistic, but a basic grasp of London. They should also be required to have at least a basic command of the English language. TfL is looking closely at that, too, and we will hear in the next few weeks where it has got with that.

Uber fares are generally low, but in times of need—as we saw during the recent tube strikes—those prices escalate out of all proportion. In some cases, there was a 300% increase. What, if anything, do the Government believe should be put in place to protect consumers against such price surging?

There are also concerns about Uber’s corporate behaviour. For instance, Uber enjoys a significant price advantage by not paying UK corporation tax, because jobs are booked through the Netherlands. Despite Uber being a $50 billion company, its drivers earn far less than the London living wage; in some cases, they earn a lot less than the minimum wage. Drivers are self-employed, as with most minicab services, but the risk is that Uber’s model is depressing fares to unsustainable levels, and that also needs to be looked at.

[Sadiq Khan]

I particularly welcome the hon. Gentleman’s last comment. Does he support the case brought by the GMB against Uber to protect drivers the company had exploited?

[Zac Goldsmith]

That is the case I was referring to. As I understand it, a member of the GMB was found to have been paid about £1.50 below the minimum wage, which is clearly not acceptable. However, I would like to redirect the right hon. Gentleman’s question to the Minister, who is better placed than I am to understand the legalities.

I ask the Minister—this is perhaps the most important issue—to provide an undertaking to work with the Competition and Markets Authority to look at the London taxi market as a whole. In particular, will he consider whether the low prices offered by some apps are kept artificially low to drive out competition—a form of predatory pricing? I am not clear how much evidence exists on that, but there is a strong suspicion, which I think I share, that it is happening.

[Mr David Lammy (Tottenham) (Lab)]

On that point, the hon. Gentleman will understand that companies such as Uber do not pay tax in this country, so they can, of course, keep prices low. We really need the Treasury to tighten up on that.

[Zac Goldsmith]

I thank the right hon. Gentleman—I almost said my right hon. Friend—for his intervention. That is actually a point I made earlier. He is exactly right: that does give the company an unfair advantage, and the issue needs to be looked at.

I do not want to remove choice in the market, and nor does any taxi driver I spoke to in the run-up to the debate, but it is an unarguable fact that, without efforts to level the playing field, we will lose the black cab in London, and London will be a lot poorer for it.

[Several hon. Members rose—]

--- Later in debate ---

[Andrew Jones]

I recognise the excellent contributions made by Members on both sides of the Chamber. Some of those points will apply across our country, but this debate is about the future of London’s black cabs. The hon. Gentleman makes a fair point, and I will address the Law Commission later in my speech.

[Zac Goldsmith]

I thank the Minister for his remarks. I have one question on the Government’s role. My understanding is that if TfL was minded to cap the number of new licences at some 2,000 a month, it would require legislative support from the Government. Will he clarify whether that is the case?