Pedicabs (London) Bill [Lords]

Matt Rodda Excerpts

2nd reading
Wednesday 28th February 2024 Commons Chamber

[Simon Lightwood (Wakefield) (Lab/Co-op)]

It is a pleasure to speak for the Opposition on Second Reading this afternoon. As my colleagues in the other place have set out, Labour welcomes this short yet vital Bill and will support its progress, but it is long overdue. After years of asking for these powers from the Government, the Bill will finally give Transport for London the power to tackle the blight of unregulated pedicabs in London—largely in the city’s west end.

As colleagues will know all too well, pedicabs have been able to operate without regulation for decades due to a legal loophole in London. They are not considered taxis under the current law and are instead defined as “stage carriages” under section 4 of the Metropolitan Public Carriage Act 1869.

However, with section 4 no longer in force, a completely unregulated pedicab industry has emerged in London. Indeed, as the Minister inferred, it is the only form of unregulated public transport in the capital. Between 2018 and 2023, 24 pedicab operator incidents were reported in London, including six sexual offences and 13 injury-causing collisions. Pedicabs have also been notorious for egregious overcharging of tourists, as of course they are currently entirely free to determine their own fares, sometimes seemingly at random. As the Minister referenced, a tourist with two young children was charged more than £450 for a seven-minute journey in a pedicab. The driver intimidated the tourist into immediate payment and then disappeared—presumably to avoid being reported. This is just one of many concerning reports of unacceptable behaviour from unlicensed operators.

It is clear that TfL urgently needs the powers necessary to regulate, and I am pleased that the Bill will go a long way in making pedicabs safer for passengers, because it is this emphasis on safety that is so vital. I know that the Minister and I agree that we do not want pedicabs banned from London streets; we just want them to be as well-regulated on safety as any other mode of public transport.

[Matt Rodda (Reading East) (Lab)]

I am grateful to my hon. Friend for giving way. He is speaking very eloquently. I also welcomed the words from the Minister this afternoon. Does my hon. Friend agree that there is a very similar situation with other new forms of transport, such as e-scooters and e-motorbikes? Hopefully, there can be a similar discussion about the safety issues and about balancing the need for new forms of transport against the safety of pedestrians. Perhaps he can say a few words about the need for the Government to look at that issue as their next objective in this area of transport policy.

[Simon Lightwood]

I agree with my hon. Friend. I would have liked to have seen the Government hold to their promise of delivering a comprehensive transport Bill. Things such as e-scooters need a decision one way or the other; we cannot extend the trials indefinitely.

A regulated pedicab sector can bring enormous benefits to London, as a unique zero-carbon way to travel in an equally unique, thriving part of London with a bustling night-time economy. Indeed, a sustainable pedicab industry can be in keeping with the treasured, colourful, unique character of the west end, while also ensuring that regulations are in place to keep passengers safe.

I am pleased that the Bill has reached this Chamber in a much improved state, thanks to the hard work of colleagues in the other place, notably Labour lords. In particular, we welcome that the Government have conceded on ensuring that the power to regulate is entirely devolved to Transport for London, rather than the time-consuming and unnecessary step of requiring parliamentary approval. Such a requirement would have been anomalous compared with TfL’s wider powers on private hire regulations, or indeed with other combined authority’s regulatory powers. For that reason, we welcome the Government’s removal of subsection (2) of clause 6 and the insertion of clause 7 on guidance from the Secretary of State instead.

Additionally, we warmly welcome the Government’s decision to amend clause 2, to make provision for regulation on noise nuisance, which is a key concern that stakeholders have been raising for years. That being said, as positive as the Bill is, the Government have taken far too long to get to this point. Transport for London, Westminster City Council, the Local Government Association and various night-time economy trade associations have been calling for action on pedicabs for years. And for years, the Government repeatedly promised action, with private Members’ Bills even being proposed on the same topic by Government MPs. The reality is that this legislation is desperately overdue and should have been part of a much more comprehensive transport Bill. Local councils, industry bodies and manufacturers alike are crying out for clarity from the Government on e-scooter and e-bike regulations, for instance, but the Government seem to refuse to take this opportunity to make progress in this area.

None the less, the Bill is important in its own terms, and I am pleased that TfL’s power to regulate on this issue will be on the statute books in due course. A key issue that many stakeholders, including the Licensed Taxi Drivers Association and Transport for London, have raised is making pedicab operators eligible for enhanced Disclosure and Barring Service checks in line with taxi and private hire drivers. I know that that was raised by several colleagues in the other place, where the Minister said that the Government are looking into it. I would be grateful if the Minister could provide an update and say whether we can explore that in Committee, because this is an opportunity to ensure that passenger safety is as robust as possible.

Overall, this is a much-needed but desperately overdue Bill. I look forward to working with the Minister and other colleagues as the Bill progresses.

Pedicabs (London) Bill [Lords]

Matt Rodda Excerpts

Committee of the whole House
Tuesday 26th March 2024 Commons Chamber

[Matt Rodda (Reading East) (Lab)]

Does the hon. Gentleman acknowledge that in a previous debate on the Bill a great deal of concern was raised by a number of hon. Members from across the House about the conduct of some pedicab drivers and the level of fees sometimes levied on passengers, some of whom were tourists who were unaware of the nature of the business they were getting into? I believe the hon. Member for Cities of London and Westminster (Nickie Aiken) raised that issue in the previous debate.

[Sir Christopher Chope]

I accept that, but those concerns relate to the use of pedicabs when they are plying for hire, and people then getting into them and being—to put it colloquially—“ripped off.” There should be regulation of fares in those circumstances, but where the pedicab is a private hire vehicle—where an agreement has been made prior to its hire—the terms and conditions will be a contractual arrangement between the hirer and the pedicab operator. That is exactly equivalent to what happens in the private vehicle hire sector at the moment, where there is no regulation of the fare. I do not understand why TfL is seeking powers to regulate the pedicab fare even when that is a private hire arrangement, rather than the subject of a hire arrangement made on the street.

Page 5 of the potential licensing framework for pedicabs in London states, “TfL would seek to introduce controls on fares for pedicabs, including fares for pre-booked journeys.” That is completely inconsistent with the point TfL makes in the previous paragraph, which says, “TfL does not regulate fares for private hire vehicles. As private hire vehicles are pre-booked, passengers are in a position to make a consumer choice before hiring the vehicle. Private hire vehicle fares are thus set by the operators in a competitive market, which allows price to be one of the factors passengers take into account when choosing which operator to book with.” So why is TfL seeking to introduce controls on fares for pre-booked journeys?

The next issue of concern, which has not been resolved, is whether pedicabs should be able to charge per passenger. Currently, taxis cannot charge per passenger; they charge per journey. One can understand why, because the taxi is licensed for a certain number of seats—for example, five—and the number of passengers does not make much difference to the speed of the vehicle. The situation for pedicabs is significantly different, because taking four passengers in a pedicab requires a lot more cycling effort from one person than one passenger does. So surely it is reasonable that pedicabs should be able to charge per passenger, rather than just per journey irrespective of how many passengers are there.

Alarmingly, the potential licensing framework makes reference to the possibility that TfL might require pedicab operators to accept any fare that was offered. So if a group of people got together and said, “You’ve got four seats in your pedicab, we wish to take all four of them and we require you to take us to Leicester Square”, the pedicab driver would be required to accept those four people, who might be heavy. That would be the case despite his wish to have only one or two people in his pedicab because he was not sufficiently fit to transport all four people in his pedicab. Those are further concerns I have about what is contained in these draft regulations.

The cycling fraternity are very worried about pedicabs being legislated out of existence, which is why they have argued that the pedicab regime should be national, rather than limited to London, and that it should not be an extension of the rules relating to taxis and private hire vehicles. I tabled a question to the Minister following his helpful intervention on Second Reading, when he talked about the issue of licensing authorities across the rest of the country and referred to paragraph 8.3 of his Department’s publication “Taxi and private hire vehicle licensing best practice guidance for licensing authorities in England”, which was updated on 17 November. In that update, the Department advised that licensing authorities “should make appropriate adjustments” to take into account the demand for pedicab services in their area.

During the earlier debates, we had heard that some such areas include Oxford, Salisbury, Bristol and Cambridge. So I tabled a written question to the Secretary of State asking

“what information his Department holds on (a) the number of pedicabs outside Greater London that are licensed as (i) taxis and (ii) private hire vehicles and (b) the number and proportion of those pedicabs that are in (A) Oxford, (B) Salisbury, (C) Bristol and (D) Cambridge; and if he will make an assessment of the potential impact on the number of licensed pedicabs of paragraph 8.3 of his Department’s guidance entitled Taxi and private hire vehicle licensing best practice guidance for licensing authorities in England”.

The answer I received from the Minister on 25 March rather ducked the question:

“Outside London pedicabs can be licensed as taxis. Pedicabs cannot be licensed as a private hire vehicle as legislation defines a private hire vehicle as a motor vehicle. The Department for Transport issues guidance on licensing taxis and private hire vehicles to authorities who should consider the recommendations made and their obligation under the Regulators’ Code to carry out their activities in a way that supports those they regulate to comply and grow. The Best Practice Guidance…sets out that where there is local interest….licensing authorities should make appropriate adjustments…Subject to the legal requirements, it is for licensing authorities to consider”.

What the Minister did not say was what impact, if any, the change in the best practice guidance that he issued has had on pedicab operators or on people being able to start pedicab operations outside London. The answer, as far as one can gather, is that outside London there are no licensed pedicab operations, because, despite the Government’s apparent best intentions, those who wish to operate pedicabs outside London using the taxi and private hire vehicle regulations are unable to get their operations off the ground. That is largely because of the regulatory burdens and the costs associated with insurance, apart from anything else.

There are those who believe, as I do, that pedicabs are a highly environmentally advantageous means of transport: the pedicab driver is taking good exercise in cycling his pedicab and it is not causing any emissions. In addition, pedicabs enable people to get from one part of London to another and to have an enjoyable experience. In the same way that not many people in Venice use gondolas as a means of getting from A to B quickly, pedicabs are not used as an alternative to the bus or the underground. They are there for a bit of fun and recreation. Why would this Conservative Government want to legislate them out of existence? I do not think they want to do that, which is why I have proposed a series of amendments designed to tighten up the pedicab regime.

My first amendment

“requires Transport for London to have regard to any guidance issued by the Secretary of State in relation to the making of pedicab regulations and exercising TfL’s functions under those regulations.”

My point is that the making of the regulations is what is important rather than the exercising of the functions under them, so the amendment requires Transport for London to have regard to that. That links to the requirement in amendment 19 to ensure that the Government produce the guidance within six months of the Bill receiving Royal Assent. Without that provision we could have a situation where the Government are required by law to produce regulations, but there is no time limit on that.

As an example of how time lapses, I remember that just over five years ago, on a Friday in this Chamber, my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) brought forward a Bill to control bad behaviour by rogue parking operators, who can cause abuse at the behest of transport organisations, access driver and vehicle details, and impose severe penalties, including enormous fines, on alleged miscreants who have parked on private property. The Government assured us that a code of practice would be drawn up, and I put forward an amendment specifying the period within which that should be done. I was assured by the then Minister—none other than the person who is now our Prime Minister—that my amendment was unnecessary, but five years later that code of practice has still not been produced, to the frustration of motorists up and down the country. That is why we need to include an amendment that specifies the timescale within which the Government must produce their guidance.

Amendment 19 suggests a timescale of six months. Transport for London could introduce its regulations thereafter, having taken into account the Government guidance. Clause 7 is purely permissive: it permits, not requires, the Government to issue guidance to Transport for London. It is essential that the Government issue guidance that ensures Transport for London realises it will not be allowed to prevent pedicabs plying for hire in London; it will not be able to require pedicab operators to put a maximum of four heavy people in their cab and not get any extra fee for transporting them; and it will not be able to require other potentially damaging provisions in the draft regulations.

--- Later in debate ---

[Simon Lightwood]

I agree, but there could be enhanced DBS checks, which our new clause 3 would provide for.

As I have said, TfL has already set out in its potential licensing framework that it will consult stakeholders, and I hope that that will include the London Pedicab Operators Association. Of course, although it is vital that fees are set at a level that enables investment, they must remain proportionate. We are trying to provide for a prosperous pedicab industry, after all, so we must ensure that fees are not prohibitive. Clause 2(4) already provides for TfL to set fees at a level that enables the recovery of costs incurred for administering the licensing scheme. Licensing fees being set on a cost recovery basis is fair and proportionate. Amendment 8 to clause 2(4) would simply grant TfL a degree of flexibility while acknowledging the benefits that investment in pedicabs infrastructure can have.

[Matt Rodda]

My hon. Friend is making an excellent speech clearly setting out the importance of having the right balance. Does he agree that, from this work in London, lessons could be learned for other towns and cities around the country, and that encouraging the pedicab industry and other delivery by bicycle in a sensitive way around the country could generate a great number of local jobs and remove fumes and other menaces from the public realm?

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Transport (Guy Opperman)]

I wish to address all the amendments that have been put down by all colleagues. I am conscious that the hon. Member for Richmond Park (Sarah Olney) representing the Liberal Democrats is not present, but I will deal with her amendments 21, 6 and 7 very briefly. On her amendment 21, the consultation will happen as she seeks. On her amendment 6, clause 2(7) addresses her concerns on that. On her amendment 7, I believe that that is covered by clause 7(6).

The hon. Member for Wakefield (Simon Lightwood) has put forward a number of amendments. He and I have discussed this on a previous occasion and prior to today, and I will address a couple of his key points. They were made in the best possible way and in the right spirit, being conscious of what was discussed in the other place. On his new clause 1, we believe it is not necessary given that clause 7(2) already achieves the policy intention by specifying that the Secretary of State’s guidance may include guidance about TfL’s functions. The key point is that we believe clause 7(2) addresses the overarching themes.

The crucial point the hon. Member wants to make is about DBS checks, and I acknowledge that point. Clearly, there are the primary checks we have repeatedly discussed in the past, but I am strongly instructed that the appropriate way to deal with these matters is to make amendments to the exceptions through the Police Act 1997 (Criminal Records) Regulations 2002, under the negative procedure, and the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, under the affirmative procedure.

I can tell the Committee that the Home Office and, in particular, the Ministry of Justice are currently considering a range of proposals for changes to such eligibility, and we are looking to bring forward a consolidated package of changes in due course. I am not able to do that at this stage, and I do not feel that this Bill is the right venue to do it. However, the hon. Member’s point is well noted, has been taken on board and is very much live in the Ministry of Justice’s considerations.

My hon. Friend the Member for Christchurch (Sir Christopher Chope), in his typical way, made a heartfelt speech setting out his genuine concerns and his genuine desire to ensure that there is a pedicab business on an ongoing basis post regulation. I welcome his concern on that point, and as a strong Conservative I want to see exactly the same as him. I put that on record, and I make it very clear that we want a thousand flowers to bloom and we want pedicabs to continue on a long-term basis.

I know there is a desire to trade who said what over the last few years, but I want briefly to put on record some of the comments from some of the key organisations engaged here. Clearly, the London Pedicab Operators Association has made a variety of comments down the years. On 7 November 2023 one of the spokesmen, Mr Schroder, stated:

“It’s handy for us to have legislation and rules and regulations for the operators which includes insurance…we’ve been competing against operators who don’t follow any rules, who can do what they want, and that makes it difficult… It’s a shame that they don’t involve the industry in making the decisions, because then it’s take it or leave it.”

Mention was made of Mr Smallwood, who stated in August 2022 that he was “optimistic” because probably for the first time, all parties have a determination to finally establish a bespoke regulatory regime for pedicabs that extends throughout the country. He said this was a “positive and exciting” opportunity, and perhaps a singular chance in the foreseeable future to resolve this long-standing issue. He added—I think this is relevant to consideration of whether we are creating a bespoke arrangement to allow an organisation to continue in a safely regulated way—that regulations across Europe and the USA are simple, straightforward and effective. Clearly it is possible to regulate pedicabs and at the same time to allow the industry to flourish.

[Matt Rodda]

Will the Minister reflect on the benefits of this regulatory approach being brought forward to look at other comparable new and emerging forms of transport, particularly electric bikes and scooters? There is a great deal of concern among my constituents and others that we need a sensible approach to these new vehicles that encourages the use of more modest and environmentally friendly transport, but that also keeps them off pavements and avoids people being scared to walk down the street. Will he commit to looking into that important matter as well?

[Guy Opperman]

The hon. Gentleman tempts me to go somewhat beyond the Bill, and I will try to address that issue in a couple of ways. Clearly, the Department for Transport must look at all types of vehicles, in whatever shape or form, that utilise the roads, including cycles and various types of scooter and the like. It is complex legislation, as we are showing by dealing just with the simple issue of pedicabs, but it is unquestionably the case—I speak as the Minister who answers for accessibility issues—that this cannot be the long-term situation. I accept that a research project is ongoing in respect of these alternative vehicles, but that cannot be the case long term.

It is my humble opinion that we have an unregulated system where vehicles can be deposited on the pavement, and those who have accessibility issues, or who are blind or have other disabilities, are unquestionably compromised by that. There must be regulation going forward. I am keen to see that but again—this slightly touches on the point made by my hon. Friend the Member for Christchurch—there has to be a way to get the right form of regulation to allow this to go ahead. To be fair to successive Mayors of London, having what are sometimes called Boris bikes, and sometimes called other types of bikes, with a docking station, has been exceptionally successful at getting people out of a bus or car, and it is the right thing to do. I am utterly on board with what the hon. Gentleman says. It is for all parties to look at their transport manifestos, but it would unquestionably be my view, as a very junior and humble Minister, that we must consider that issue.

Ben Knowles of Pedal Me stated that pedicabs

“have been undermined by the business models under which they’re run and by the lack of regulation… So I’m really excited to see this regulation coming in because I think it might help boost standards across the industry and turn it into the reputable, useful service it always should have been.”

To assist my hon. Friend the Member for Christchurch, and all colleagues, I asked TfL to update, improve and enhance its draft regulations, and I wish to try to address that briefly. I do not think I have ever come across a Bill that is so brief but has such detailed draft regulations for pre-scrutiny. I have done this job for 14 years, and I have never seen such copious detail.