Pedicabs (London) Bill [HL]

Lord Leigh of Hurley Excerpts

Monday 11th December 2023 Grand Committee

[Lord Berkeley (Lab)]

This is a long group of amendments but, in my case, they all say the same thing, which is probably just as well. I wish to speak to Amendments 1, 6, 10, 13, 27, 29, 30, 37 and 41. These are all to do with the regulatory framework for pedicabs and what I would call a national one.

At Second Reading in your Lordships’ House, a lot of colleagues talked about the difference between the rules governing pedicabs in London and those in the rest of the country. There was general agreement that the London situation needs changing but that it must not be changed to the extent that it prevents legal pedicabs from operating in a safe and sustainable way. We have to learn from the experience of some other cities, such as Oxford, Salisbury and York, where the pedicabs have effectively been put out of business by the taxi crowd. I am sure the Minister would agree that the purpose of all these things is to make the operations of pedicabs as close as possible to the way that taxis operate around the country, bearing in mind that pedicabs are smaller and lighter than taxis, as well as being safer, I think. However, they all need to live together.

My purpose in tabling what is effectively one amendment is that it would be better if the Secretary of State were responsible for all the secondary legislation. While I have great faith in what Transport for London is trying to do, things can change. We may find in a few years’ time that even those of us who love pedicabs will be badly affected if a different council in London decides to make life so difficult for pedicabs that there would be none left. That would be an equal shame.

I know that the Minister has a couple of amendments down on the same thing and I look forward to debating those. The key for me is that the Secretary of State should take ultimate responsibility for the regulations under the Bill, just to make sure that those regulations are fit for purpose and have a common fairness in how they deal with pedicabs and taxis across the whole of England. The Bill applies only to London, as we have been told many times, but if it then became a model for change in other cities later, if the local authorities wanted it, that would be good too. That is my reason for suggesting that it would be good if the Secretary of State were the person by whom the regulations were applied, so that he or she were in charge. I beg to move.

[Lord Leigh of Hurley (Con)]

My Lords, my name is attached to two amendments in this group. Amendment 2 is a probing amendment to simply ask my noble friend the Minister why the draftsman uses “may” in some instances and not “must”. I would have thought that these are “musts” that we want to see. In his Amendment 44 in this group, my noble friend has helpfully chosen a “must”, but that is the other way round, requiring that TfL

“must obtain the approval of the Secretary of State”.

He will see why I want it in the direction that I have requested.

[Baroness Randerson (LD)]

My Lords, my contribution to this group of amendments is in having given notice of my intention to oppose the Question that Clause 6 stand part of the Bill. In doing so, I take a contrary view to that of all the amendments about how this issue should be dealt with. All the amendments have a centralising thrust, whereas my thrust is for decentralisation. In one aspect, I agree with the noble Lord, Lord Berkeley, that these regulations need to be used to improve the services provided by pedicabs and not to kill them off entirely. We need to use this opportunity to turn the negative into a positive so that they enhance rather than damage the tourism offer in London.

I tabled my notice of intention to oppose Clause 6 standing part of the Bill to probe why the scrutiny of regulations made by Transport for London is to be undertaken by Parliament and not the London Assembly. The legal situation in England is that, outside London, pedicabs can be licensed as taxis. Taxi and PHV licensing is undertaken across England by 262 lower-tier and unitary authorities of a vast range of sizes. The taxi legislation therefore gives licensing authorities significant discretion in vehicle requirements. A taxi driver must be deemed fit and proper to hold a licence, must have held a car driving licence for the last 12 months and must not be disqualified on immigration grounds, which is covered by the right-to-work check.

Some authorities, such as Herefordshire, York and South Lakeland, have policies that detail specific requirements for pedicabs, whereas other authorities state in their licensing policies that they do not license pedicabs. There have been complaints since 2006 about pedicabs in London, but all that time other local authorities have had the powers to deal with this and design and implement their own regulations. That is a satisfactory approach. As I said, there have been complaints over 20 years, but successive Governments have not considered this issue important enough to deal with or they have not had time in the parliamentary timetable to do so.

Now we have this Bill, which has broad support but is, in parliamentary terms, a bit of a sledgehammer to crack a nut. From the point of view of residents in London who complain long and hard about the noise, nuisance and danger of the current situation, regulation and control of pedicabs cannot come into force quickly enough. A single day of delay will annoy them. Why are the Government so intent on delaying things even more by ensuring that Parliament must approve Transport for London regulations?

Across the UK, local authorities consider issues of detail where local knowledge is essential. I would argue that Parliament is definitely not the place to decide the adequacy of regulations that might, for example, stipulate the location of cab ranks. We should not be sitting here saying that a cab rank should not be on this street corner but on another one. That is not the level of detail we should be going into. That sort of thing requires local knowledge and should be scrutinised by the GLA.

It is also essential that we do not clutter our timetable—the Government are always saying they do not have parliamentary time, particularly in relation to transport—with things that can be done better at a different level of government. I argue that Clause 6 should not be part of the Bill.

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[Lord Storey (LD)]

My Lords, first, I apologise for not being present at Second Reading.

I have added my name to Amendment 16, which is about safeguarding. It follows what the noble Lord, Lord Berkeley, said at the beginning about how we want to encourage people to use pedicabs but also to ensure that they are safe. We must be aware that many vulnerable people, such as young children or young women, use pedicabs. This amendment says that the operator should have an enclosed Disclosure and Barring Service certification, formerly known as a CRB. There are three types of DBSs: basic, standard and enhanced. This amendment suggests enhanced. It is not expensive—it costs £20 and the renewal cost is £4—but it shows quite clearly to anybody who is an operator of these vehicles that the person who is driving or cycling one of them has no criminal convictions for rape, murder, sexual assault, cruelty to persons aged under 16, sexual intercourse with somebody aged under 16 or the possession or distribution of inappropriate images of children. If we want to ensure that pedicabs are safe, this requirement should happen.

[Lord Leigh of Hurley (Con)]

My Lords, I will speak to my Amendment 12, which seeks to give TfL some help and guidance. In my opinion, it does not contradict Amendment 9 in the name of the noble Lord, Lord Berkeley; in fact, it complements it. In any event, that amendment suggests that “regard” should be had to his suggestions, whereas mine would require the reference to the Licensing Act to be incorporated into deliberations.

I have had to table the amendment because the licensing authority, TfL, is not covered by the Licensing Act, which is of course mainly to do with food and drink. For the benefit of those of your Lordships who do not recall them instantly, let me outline the licensing objectives in the Licensing Act 2003. They are very simple; there are just four of them: the prevention of crime and disorder; public safety; the prevention of public nuisance; and the protection of children from harm. I can see no reason why one would not want to include them in this Bill to give TfL guidance on what we want it to do.

I declare an interest in the stand part notice proposed by the noble Lord, Lord Hunt of Kings Heath: I am regular user of dockless e-bikes. I used one this morning, and they have definitely changed their modus operandi. One cannot leave a bike anywhere on the street; in most, not all, of Westminster, they have to be in designated areas. That seems a sensible move. I cannot quite see how we can get e-scooters and e-bikes into this Bill, but I suspect that this might just be a probing debate.

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[Lord Strathcarron (Con)]

My Lords, I have added my name to Amendments 17 and 18 about noise, but I do not think that there is anything useful for me to add about them.

I have also added my name to Amendment 24 about pedicabs using cycle lanes. I am a frequent and enthusiastic renter of e-scooters and find that they are the most wonderful way of travelling around London. However, there is a contradiction between the TfL policy about cycle lanes and pedicabs and the policy note we all got. The TfL website definitely says that only bicycles of any kind and e-scooters “can use cycle lanes”; but the policy note, under “cycle lanes”, says that pedicabs are allowed to use them.

There are three routes that I most commonly use when I rent e-scooters. The first is west to east across Kensington Gardens and Hyde Park. A pedicab on those cycle lanes would need at least one wheel in the park and not on the cycle lane, so would completely obstruct any bicycles or e-scooters coming the other way. Secondly, from Waterloo to either the Red Lion or the College Green so-called parking area, it would simply be too narrow for pedicabs. Anyone who has tried to bicycle over any of the bridges will know that the cycle lanes are not very wide, so pedicabs simply would not fit. Thirdly, from here to Soho, e-scooters or bicycles can go—as can pedicabs—the whole way on bus lanes. To solve the contradiction, I hope that we can come down on the side of the TfL website, which says that no pedicabs are allowed in cycle lanes, rather than the policy briefing we all had, which says that they could.

I will say a few words about e-scooters, e-bikes and power-assisted pedicabs, because e-scooters have got a rather bad write-up around here. However, if any noble Lords would like to meet me at either College Green or the Red Lion one sunny day, we could go on a very enjoyable scoot around one of the royal gardens; I am sure that they would be convinced that it is a wonderfully safe and slow way to get around. The term “e-bikes” covers a very broad range of vehicles. For example, the Brompton e-bike of the noble Lord, Lord Berkeley, and my VanMoof e-bike do not work until you start pedalling. But we have all seen, especially for delivery vehicles, bicycles now with token pedals which are entirely electrically operated. When we talk about e-bikes, we need to bear that in mind.

I have never driven a pedicab, unlike an e-bike or e-scooter, but I imagine that, when fully loaded with up to three passengers, moving off from a red light without power assistance would be dangerous, because it would be so slow. Some kind of electrical assistance is therefore needed. It is important that we stipulate that it is electrical assistance like that of the Brompton of the noble Lord, Lord Berkeley, or of my VanMoof; in other words, one has to shove on the pedal for it to kick in, rather than just press a button.

Incidentally, that is easy to override with an app. It is supposed to be limited to 25 kilometres or 15.5 miles an hour, but anyone can buy an app, say you are living in Canada or something, and the whole thing is bypassed. I appreciate that this is a separate subject, but I would like some clarification about cycle lanes, because it could be easily solved.

[Lord Leigh of Hurley (Con)]

My Lords, I added my name to Amendment 18, which I am speaking to in the absence of my noble friend Lord Blencathra. I agree with all the amendments that seek to amend Clause 2(6). I remind your Lordships, and particularly the Minister, that this subsection includes the word “may”. Unless my amendment returns on Report with the word “must” in it, it will not have any bite. As much as I welcome all these amendments going through, they must go through with mine.

My noble friend Lord Strathcarron did not mention his excellent Amendment 19, requesting

“a prominently displayed registration plate with a distinct number”.

Unless we have that, the authorities really will be toothless, because how can someone report a pedicab that has breached the rules without some sort of identification of it? There is no point telling the police, “It’s the one with the blue lights and the red lights”, because that does not limit the field. I hope my noble friend does not mind me speaking to his amendment.

I have reservations about e-scooters. I admire my noble friend enormously for being brave enough to take one. I run regularly on much the same routes—20 miles a week, since you ask—and e-scooters are a menace for runners, frankly, particularly because they do not obey the rules of the Royal Parks.

[Lord Liddle (Lab)]

My Lords, a great diversity of points has been raised on this group of amendments, most of which strike us as sensible. It is therefore up to the Government to see whether they could strengthen the references in the Bill to the issues on which TfL should consider regulating. The consensus that there should be a specific reference to noise is very strong, as this is a major cause of nuisance.

I fully support the reference to the need for pedicab ranks and stands, but it goes back to Amendment 14 in my name, from the previous group, which talks of charging for the costs of putting these things in place. They will require some changes in infrastructure that will cost money, which the local authority and TfL will be reluctant to spend.