Pedicabs (London) Bill [HL]

Lord Liddle Excerpts

2nd reading
Wednesday 22nd November 2023 Lords Chamber

[Lord Liddle (Lab)]

My Lords, I also welcome the promotion of the noble Lord, Lord Davies of Gower, to a ministerial position at the Department for Transport. He has spent his whole life in public service in one way or another: in the police force, then as a Member of the Welsh Assembly, as an MP and now in this House. My hobby is history and particularly labour history. One of the most remarkable things about the noble Lord, if I might say so, is that in the whole of the Gower constituency’s existence—it was created by the Third Reform Act 1884—it has only once been represented by a Conservative, I think. It was represented continuously by a radical Liberal, then a Lib-Lab, then Labour from 1885 until 2015, when he won it by 27 votes. That situation has not lasted, but at least we now have the benefit of his wisdom in this House.

I also thank people who have welcomed me back to this Front Bench after a 10-year absence. I am supporting my noble friend Lord Tunnicliffe, who cannot be here today for personal reasons and apologises for that, but I am greatly looking forward to doing transport. I am a railwayman’s son from Carlisle, so I was brought up in transport. I was a councillor in Oxford, where I think my noble friend Lord Hunt and I would now be described as warriors against motorists, I am afraid, but I think we did a lot to improve the quality of life in central Oxford.

Labour supports the Bill and the Opposition Front Bench will be constructive in its approach to it. I do not see it as a party-political matter but as closing a legal loophole that has been allowed to exist for far too long. In fact, when I looked at the Lords briefing note, it told us that a complaint about this was first made by the London Assembly in 2005. Boris Johnson, when he was Mayor of London, pointed out that this was a legal anomaly in 2012, as did the Law Commission in 2014. No wonder we fail as a country when we cannot manage to get things sorted in some quicker timeframe than this. There has been a cross-party desire to have it sorted: Sadiq Khan, the Mayor of London, and Adam Hug, the new leader of Westminster Council, along with the distinguished Conservatives whom people have mentioned, have wanted action on this matter. For a long time, it seemed that the Government offered general support but without any promise of action. Now we have action and, although it is too late for many people who have been ripped off, we welcome it none the less.

This has been a very interesting Second Reading. A thought has been going through my mind. I discussed the Bill with the lady who organises the timetables and she said, “Oh, I think we will probably get through this in an afternoon”. Having listened to this debate, I am not sure whether Committee will be got through in an afternoon. It seems to me that noble Lords have raised a lot of points that will need to be explored in Committee.

There is the philosophical point about what we are trying to do through regulation. Are we trying to stop pedicabs altogether or to regulate them so that the rogue operators disappear from the scene? I have some sympathy with my noble friend Lord Berkeley’s argument that we do not want to stifle innovation and competition in this world. At the same time, the passion with which the noble Baroness, Lady Stowell, spoke on the subject would clearly convince anyone that this is a gap in regulation that must be dealt with. We have to get the balance right, for all the reasons that many noble Lords have mentioned.

The noble Viscount, Lord Goschen, talked about one of the most powerful reasons—the damage to the reputation of London as a good place for tourism. You cannot have these instances of people being charged £500 for a 500-yard journey written about in foreign newspapers and described on foreign TV without it having a damaging effect. Of course, it will be magnified in any overseas media reporting and made into something that is regarded as a common problem. For that reason alone, we must act.

Noble Lords asked about the framework of the legislation. My view is that it ought essentially to be devolved. Our role is to set the right framework; we can debate the parameters within which TfL should work, but it is fundamentally for Sadiq Khan and TfL to draw up the precise legislation. I have some sympathy with the argument made by the noble Lord, Lord Moylan, about the potential for delay and confusion if the rules come in the form of a statutory instrument which a Minister has to approve. What happens if the Minister, the mayor and TfL are not in the same place? We could have years of further delay. I do not have a settled view, but the role of the ministry must be looked at in Committee.

Noble Lords have made a considerable agenda of points that have impressed me. What the noble Baroness, Lady Anelay, said about issues of definition must be thought about. The noble Lord, Lord Blencathra, spoke about e-scooters and e-bikes; we must try to press through this legislation for action in this related area. I think there would be widespread support for that in this House. The points made by the noble Lord, Lord Hogan-Howe, show the benefit of having people with real professional expertise in this House. When we are looking at the criteria that TfL will have to consider, we should debate whether we want to include his points about insurance, how you identify the cabs, fines being treated as a business expense and whether drivers should have some training in the knowledge.

Also, how is the whole thing going to be enforced, and does TfL have the resources to enforce it properly? Those are crucial questions. It is not just about fares; it is about a wider set of issues as well.

I will make one final point, which noble Lords may think a political one; none the less, it has to be made. This Government have chosen to legislate on pedicabs when there is a huge need for regulatory reform in transport, which they are ducking. We need legislation for buses in the provinces, so that local government can work effectively with bus operators to provide proper networks of services. As for the railways, they are in a terrible mess. In the four years following Covid, public spending on the railways—noble Lords opposite should be interested in this point—has gone up from some £4 billion to £13 billion. However, we are not going to get any change in that situation without the regulatory reform—the establishment of Great British Rail—that the Government promised. Now, all they are doing is producing legislation without actually legislating. This is a very bad situation.

In conclusion, we support the pedicabs Bill, although there are lots of issues we will have to discuss in Committee. However, on the wider agenda of transport reform, the King’s Speech has been a great disappointment.

Pedicabs (London) Bill [HL]

Lord Liddle Excerpts

Report stage
Tuesday 30th January 2024 Lords Chamber

[Baroness Randerson (LD)]

My Lords, there is a risk that this is beginning to sound like Third Reading, but I put on record from these Benches my thanks to the Minister and his team for their time and the care with which they have considered the points we made on Report and in meetings between then and today. They have been generous with their time and prepared to give serious consideration to the points made.

This amendment is, as noble Lords have said, about noise. Where, when, how and how loud the noise is, is a key aspect of the concerns about pedicabs. This is therefore a very useful addition and clarification and is in direct response to points made in Grand Committee. I am delighted that this amendment has come forward.

[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.

--- Later in debate ---

[Viscount Goschen (Con)]

My Lords, I agree with my noble friend that the first part of the noble Baroness’s amendment is very interesting but has a much wider application. None the less, she has cleverly found an opportunity to air broader concerns about lithium batteries. However, I feel rather sorry for the second part of her amendment, which is a very substantive measure. I do not think she particularly referred to it in her remarks and it has not been covered in the debate so far. It is about the amount of power that can be deployed by these vehicles and that they must be pedal-assisted and not just pure electric power.

The reason I support the noble Baroness’s sentiment behind that is something that we have covered in earlier debates. With electrically powered vehicles, which I think are great and have the ability to solve all sorts of environmental and other problems, particularly in cities, there is a blurring of where an electric bicycle ends and an electric motorcycle begins, and where an electric-powered but pedal-assisted vehicle ends and a motor vehicle begins, and whether the words that the noble Baroness has suggested really belong in TfL’s guidance or in the Bill. My concern is about putting very specific things in the Bill in terms of future-proofing. Who knows what will come along in future developments? Perhaps it is better covered by guidance.

However, there is a much wider concern about the difficulty of keeping up, from a regulatory perspective, with very rapid consumer change and the availability of electric scooters, which we talked about a lot at earlier stages of the Bill. Perhaps when the noble Baroness comes to wind up her remarks, she might just dwell a little on the second part of her amendment.

[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.

Pedicabs (London) Bill [HL]

Lord Liddle Excerpts

3rd reading
Tuesday 6th February 2024 Lords Chamber

[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.

[Baroness Randerson (LD)]

My Lords, as the noble Lord, Lord Liddle, stated, this Bill is limited in its scope. Indeed, it probably receives virtually no recognition beyond a couple of miles from this place—but it has been wanted for decades because of an increasing problem. Now this Bill is being passed in this House and sent down the Corridor, perhaps we can look forward to pedicabs becoming an asset to London’s tourism.

I add my thanks to the Minister and his team. They have been exceptionally generous with their time and exceptionally constructive in their approach. As a result, this is a much better Bill than when it came to this House. The devolution of powers over pedicabs to Transport for London is an issue of basic common sense. We have achieved that, and I thank the Minister for that and, finally, for his statement about batteries today. I had written a piece in preparation saying they are an unresolved issue and urging the Minister to keep working on it, but I can now thank the Minister very much indeed for his statement. It is not all that campaigners want—far from it—but it is a step forward. We are making progress, and I thank him for that.