Taxis and Private Hire Vehicles (Disabled Persons) Bill

Lord McLoughlin Excerpts

2nd reading
Friday 1st April 2022 Lords Chamber

Moved by

[Lord McLoughlin]

That the Bill be read a second time.

[Lord McLoughlin (Con)]

My Lords, this Bill completed its stages in the House of Commons on 18 March. It was introduced to the House of Commons by Jeremy Wright, the Member of Parliament for Kenilworth and Southam, a colleague who I served with in the Opposition Whips’ Office from 2007 and in the Government Whips’ Office until 2012. He then went on to become Attorney-General for four years. When he decided to take this particular measure forward, one can say that it had had detailed legal scrutiny, which a number of other Bills perhaps do not get.

The provisions in the Bill should have been written into law many years ago. Its intention is simple: to amend the Equality Act 2010 so that any disabled person has specific rights and protections when accessing a taxi or private hire vehicle. Its provisions are reasonable. The duties in the Bill are those which we would expect drivers and operators already to fulfil; indeed, I am confident that the majority already do so.

Its impact will be great, as it would offer rights and protections to more than 13.5 million disabled people in England, Scotland and Wales. It would simply amend the Equality Act 2010 in two ways. First, it would address the inconsistencies in the current provisions, providing greater protection for wheelchair users. Secondly, it would introduce new duties, so that any disabled person can expect reasonable assistance when using a taxi or a private hire vehicle without being charged extra for doing so, and confident that they will receive the assistance they need. Collectively, those two changes would strengthen the taxi and PHV section of the Equality Act 2010 so that the rights and protection of disabled people mirror the range of scenarios and outcomes which disabled people can encounter when accessing a taxi.

I shall speak first of how the Bill will amend the current provisions, as this will also give an illustration of the taxi and PHV section of the Equality Act 2010 as it currently stands. Section 165 of the Act places duties on drivers of designated wheelchair and accessible taxis and PHVs to carry wheelchair users and their wheelchairs, to give them reasonable mobility assistance and not to charge them extra for doing so. On the face of it, that all sounds perfectly reasonable. However, it is only when looking at the detail of this section and Section 167, relating to the designated list of wheelchair-accessible vehicles, that it becomes clear that the manner in which Section 165 duties are applied to drivers allows for an inconsistency. Section 167 is worded so that the local licensing authority “may”—an important word—maintain a list of designated vehicles, not that they must.

So even if a taxi or private hire vehicle is designated to carry wheelchairs, if it is not on the local licensing authority’s designated list—the authority does not have to maintain such a list at all—then Section 165 does not apply. How can it be that a wheelchair user in one part of the country has specific rights and protections when using a taxi or PHV and another wheelchair user, who has no influence on the actions of the local licensing authority in its decision not to maintain a designated list, does not? This Bill will put that anomaly right.

The Bill addresses the anomaly by requiring local authorities to maintain and publish a list of designated wheelchair-accessible vehicles, thereby ensuring that the Section 165 duties apply consistently across the country. Wheelchair users should be able to access any wheelchair-accessible taxi or private hire vehicle knowing that they will not be discriminated against. This Bill will make that happen.

The Bill also amends the driver exemptions. Currently, local licensing authorities can issue exemption certificates to drivers on medical grounds or because of physical conditions. However, this exempts them from all the duties in Section 165. Although it is only fair and reasonable that drivers have the right to apply for an exemption, it is not right, fair or reasonable that they are exempted from the duty to carry disabled persons and not charge them extra for duties on which their disability or physical condition has no bearing at all. New Clause 164A, inserted by this Bill, therefore amends the current exemptions so that drivers are exempt only from the mobility assistance duties in Section 165. New Clauses 165A and 167A, inserted by this Bill, create duties so that rights to access and assistance apply not just consistently across the country but fairly and reasonably for any disabled person.

Although Section 165 ensures that the specific needs of wheelchair users travelling in designated wheelchair-accessible vehicles are met, as I just mentioned, driver exemptions would be amended to cover the mobility assistance duties in Section 165 and new Clause 164A. New Clause 164A places duties on drivers of taxis and private hire vehicles to carry disabled persons and their mobility aid or wheelchair, provide reasonable assistance and not charge extra for doing so. This includes, for example, if a wheelchair user intends to access a non-wheelchair-accessible taxi by transferring to the passenger seat or storing their wheelchair in the vehicle, or if a disabled person who does not use a wheelchair requires assistance accessing a taxi, regardless of whether it is a wheelchair-accessible vehicle.

New Clause 165A also creates a duty on taxi and PHV drivers to assist a disabled person in identifying and finding the vehicle at no extra charge. This is an important provision. If a person has a learning disability or disability and struggles to differentiate between a pre-booked taxi or PHV and a private car parked nearby, the law should ensure that they receive the support they need by means of the driver helping them identify their booked vehicle and taking them safely to where they want to go, thus reducing the anxiety such a passenger may face—not to speak of the potential danger in approaching an unknown vehicle and attempting to enter it.

Section 170 of the Equality Act 2010 places a duty on operators of private hire vehicle services not to refuse a booking because the passenger will be accompanied by an assistance dog, yet that Act currently fails to provide adequate protections for other disabled persons. In practice, this means that a wheelchair user might be refused a booking, not because there are no suitable vehicles but because the driver does not want to provide the assistance required by law. New Clause 167A would address this inconsistency by adding a new offence for a private hire vehicle operator to fail or refuse to accept a booking from any disabled person because of their disability or to charge extra for fulfilling any of the disability-related duties in the relevant sections of the Equality Act.

A Bill is not robust if it provides only duties, no matter how reasonable, without considering the people responsible for carrying them out. I am pleased to say that this Bill anticipates further scenarios from both a disabled person’s perspective and that of a driver or operator. As such, it will provide reasonable defences for drivers and operators of private hire vehicles to allow for situations in which they could not have known that a passenger was disabled or needed assistance, or when it would not be reasonable or possible to carry their wheelchair or mobility aid in the vehicle. I believe that the Bill strikes a careful balance between upholding the rights of disabled passengers and ensuring that drivers with a genuine defence will not be penalised.

I conclude by reiterating a point made many times during this Bill’s passage through the other place: the majority of taxi and private hire vehicle drivers are a great credit to this country. During the height of the Covid pandemic, they provided a vital lifeline for key workers—doctors, nurses and shop workers, to name but a few—by ensuring that they could reach their places of work on time and in safety. This Bill is not intended to penalise or place undue burdens on such drivers. It is intended to give disabled people legal rights to ensure that travelling by taxi or private hire vehicle need no longer be a source of anxiety, physical discomfort or embarrassment—or a case of not being able to travel at all.

On other occasions, your Lordships’ House has heard about times when disabled people have found themselves greatly embarrassed about not being able to hire or get a taxi. That needs to be addressed. The rules need to be clear across the country. I believe that this small Bill, with its small amendments, will help to secure that. I commend it to your Lordships’ House.

--- Later in debate ---

[Lord McLoughlin (Con)]

My Lords, I echo my noble friend in thanking noble Lords who have taken part so far. A number of points have been made about my experience in getting legislation through the other place. I may have experience in the other place, but I am a mere apprentice as far as your Lordships’ House is concerned. I am learning all the time; I have learned about this little device—the gap—that I never knew existed. That apprenticeship has hopefully taught me a lesson this morning.

Having listened to the debate, I realise I should also have pointed out my interest as chairman of Transport for the North at the beginning. The noble Lord, Lord Boateng, spoke about electric vehicles and made a very important point about future development and rollout. I also thank the noble Lord, Lord Mann, for expanding the subject to going to football grounds. I will refrain from saying anything about Derby County, as I have done on other occasions during this debate. We are hopefully becoming much more aware of, and more understanding about, accessibility across the whole piece.

I thank my noble friend Lord Borwick for the vast experience he brings to the debate. I think he said that the Bill was a “shuffle in the right direction”. If it is, I regard that as fair backing, because it is perhaps a journey we have got to get through. The noble Baroness, Lady Brinton, brought her personal experience to the debate; it is one of the richnesses of your Lordships’ House that we get that kind of contribution from people with wide and broad experience across the whole field. Some of the points she made were very telling and need to be addressed, such as the practical implications, because quite often legislation is passed and we do not always think about the practical implications. Sometimes they are seen only after a Bill has gone through all its stages, and we should reflect on that.

The noble Lord, Lord Rosser, gave his support from the Opposition Front Bench with the usual caveats of “We will support this, but this is all that’s wrong with it and everything else you need to do”. The Minister pointed out that licensing is and should be self-funding and therefore that it should not put extra costs on local authorities—but the Bill is putting a responsibility on local authorities, which I think everybody basically welcomes. I thank all those noble Lords who have taken part in the debate for their support.

Bill read a second time and committed to a Committee of the Whole House.