12 Nickie Aiken debates involving the Department for Transport

Tue 26th Mar 2024
Tue 19th Mar 2024
Automated Vehicles Bill [ Lords ] (First sitting)
Public Bill Committees

Committee stage: 1st sitting & Committee stage & Committee stage & Committee stage
Wed 28th Feb 2024

Pedicabs (London) Bill [Lords]

Nickie Aiken Excerpts
Christopher Chope Portrait Sir Christopher Chope
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I begin by putting on record my appreciation for the positive way in which the Under-Secretary of State for Transport, my hon. Friend the Member for Hexham (Guy Opperman), has engaged with our deliberations on this Bill.

As discussed on Second Reading, the differences of opinion on the Bill centre around whether its consequence, deliberate or otherwise, will be to legislate pedicabs out of existence. Pedicabs are to London what gondolas are to Venice. They are an essential part of the colour and vibrancy of our capital city. The Evening Standard recently warned of the damage being done to London’s nightlife and the night-time economy, and pedicabs are an essential part of that economy. I am sure we would not want to do anything to further undermine the viability of that night-time economy.

Is this Bill the equivalent of a morphine syringe driver to kill off pedicabs, or is it a necessary protector of responsible pedicab operators? Both I and, I think, the Minister want it to be the latter, and so does Cycling UK, which has a membership of some 70,000 cyclists—it is quite a large organisation—as well as the London Pedicab Operators Association.

I expressed my concern about over-regulation on Second Reading, as did my right hon. Friend the Member for Gainsborough (Sir Edward Leigh), who asked the Minister for an assurance that

“when this regulation comes into force, it will be light touch and not onerous, so that we do not kill this young and perfectly acceptable industry?”

And the Minister replied:

“The answer is yes and yes.”—[Official Report, 28 February 2024; Vol. 746, c. 375.]

That clear and unambiguous response is extremely welcome.

It is important that we are able to deliver on that commitment. The question often arises of whether we can trust Transport for London. Those of us who live in London during the week, and others who are resident in London throughout the year, are quite concerned about Transport for London’s failure to listen on issues such as the ultra low emission zone extension and the proliferation of 20 mph zones.

Transport for London produced an outline of how it will use the process of regulation, which it will be given under this Bill, in January 2022, and it was updated in February 2024. The Minister made arrangements for the new draft to be circulated to all interested Members. Unfortunately, and I know it was not his fault, the draft was circulated not with his letter but late on Thursday, about half an hour after the House had risen and the deadline for tabling amendments had passed. My amendments therefore take no account of that document. Had I seen it before the deadline, I might well have tabled additional amendments.

Nickie Aiken Portrait Nickie Aiken (Cities of London and Westminster) (Con)
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I accept my hon. Friend’s point that there was an issue with the TfL regulations not being provided until Thursday. He may recall that he was involved in meetings with me and TfL on my private Member’s Bill back in 2021-22, when my office emailed him the same draft regulations on 20 January 2022. He has had a couple of years to read those regulations, which I do not believe have been changed.

Christopher Chope Portrait Sir Christopher Chope
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I hear what my hon. Friend says, but the draft regulations have been changed to take into account the discussions on the Bill in the other place. As she confirms, a document existed in 2022 yet, when I tabled a parliamentary question to the Minister asking for the draft regulations to be made available, I was told that they were not available. It is important that draft regulations are shared with all legislators and are not the subject of private meetings.

I am sure my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) is as eager as anybody to ensure that Transport for London’s intentions are explored so that we can be sure that it genuinely wants to retain the benefits of having a lively and vibrant pedicab industry in London. I will address the content we have now seen in the potential licensing framework for pedicabs in London, because I do not think it will excite much support from people who are keen to defend the interests of genuine pedicab operators.

There is an issue with the ability of pedicabs to lawfully ply for hire in London. When people think of pedicabs, they think of going up to the driver of a stationary pedicab on the side of a London street and asking for a ride. I am not aware of any statement from the Government suggesting that they believe that pedicabs should not be lawfully available to ply for hire yet, when one looks at the draft regulations, one can see that Transport for London is raising the question of whether or not pedicabs should continue to be able to lawfully ply for hire.

I come to another area of concern. Currently, there is no regulation of fares for private hire vehicles, and for good reason. As the document sets out, we do not have to regulate the fares of private hire vehicles because they are subject to a lot of competition. Yet the draft regulations suggest that TfL would wish to regulate the fares of pedicabs, even when they are being used, in essence, for private hire.

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Amendment 17 would ensure that the offences created by the pedicab regulations apply only when the pedicab is being used to carry passengers, when travelling to or from carrying passengers, or when plying for hire. Many pedicabs are used for the transport of goods around London, which is obviously an environmentally friendly means of doing so. Concern has been expressed that if the regulations are designed only to protect passengers and their safety and security, there could be a situation that we do not want to see where the pedicab driver who is just carrying goods finds himself subject to the same potential offences as those carrying passengers.
Nickie Aiken Portrait Nickie Aiken
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It is important to note that Pedal Me, an organisation that carries out freight deliveries via pedicabs, has always been supportive of the Bill, because it firmly believes that there should be regulations and that the whole industry should be properly regulated. It already ensures that its drivers are properly checked and safe, and that its vehicles undergo regular, proper security and safety checks. It is an important point to make that parts of the industry—particularly those that carry freight—are supportive of the Bill.

Christopher Chope Portrait Sir Christopher Chope
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I am grateful to my hon. Friend for making that point, which is similar to one made by the London Pedicab Operators Association, which has been campaigning for 20-plus years to have proper regulation of pedicabs so that its business can be carried out in a lawful and responsible way and not be plagued by rogue operators. It is good to hear that the organisation to which she referred is of a like mind. Indeed, I think nobody across the House is against the idea of having some regulation of pedicabs. The difference is in whether we want to introduce safeguards that will prevent those regulations from being so stringent that they regulate pedicabs out of existence.

When my hon. Friend and I had the discussion to which she referred earlier, she was unfortunately unable to commit—in what was her Bill at that stage—to including provisions that would have set that out in clear language. I suspect that was because, as we know, one of the organisations that would like to legislate pedicabs out of existence is the London Taxi Drivers Association. That is perfectly understandable—it is much easier for its drivers if they have fewer competitors on the streets—but we owe it to the people who have transformed transport for people in the centre of London, particularly in the late evenings and past midnight, and have introduced this alternative: namely, the provision of pedicabs.

Amendment 15 would ensure

“that the powers to immobilise and seize pedicabs are assigned to police constables in uniform or to traffic officers duly authorised by local authorities, and that they are proportionate to the powers to immobilise and seize motor vehicles in section 59 of the Police Reform Act 2002.”

I hope that that is a no-brainer and that, in responding, the Minister will be able to assure us that exactly that will happen in practice. At the moment, it is not clear in the regulations that Transport for London has that in mind. It seems to be keen on the fixed penalty notice regime, with all the potential injustice that flows from that.

Amendment 18 is on how we define a pedicab. The amendment would ensure that power-assisted pedicabs—pedicabs not just driven by human effort but assisted with a battery—are defined as a pedicab that conforms to the Electrically Assisted Pedal Cycles Regulations 1983, thereby securing some consistency across the regime. As you will know, Sir Roger, a power-assisted pedal cycle under those regulations is not allowed to go more than 15.5 mph, although apparently quite a lot of them do. I have seen cyclists going a lot faster than 15.5 mph, but Transport for London has it in mind in the draft regulations to require pedicab operators to install equipment—in effect a speed limiter—that would prevent the pedicabs from going faster than 15.5 mph. That must reinforce the case for saying that electrically assisted pedicabs should be regarded as electrically assisted cycles rather than as other sorts of powered vehicles. There is a clear distinction in law between vehicles subject to the Electrically Assisted Pedal Cycles Regulations and those that are not, which could be regarded as ordinary motor vehicles.

Whether we define a pedicab as a cycle or as a motor vehicle will have significant implications in third-party liability insurance. One of the biggest constraints on pedicab operators is the cost of insurance. The regulations will rightly require insurance, but it is important that they should be drafted in such a way as to make it easier for the costs of that insurance to be less penal than they might otherwise be if pedicabs were defined as equivalent to an ordinary vehicle.

I have referred to amendment 19, and amendment 3 offers a less preferable alternative.

Amendment 10 would clarify that which is not clear in clause 7: that the Secretary of State’s guidance to Transport for London should encompass the making of the regulations as well as the exercise of the functions under those regulations. You will appreciate the difference between those two propositions, Sir Roger. I look forward to hearing whether the Minister can provide us with some reassurance in relation to that guidance.

Amendment 11 goes back to the objectives of this Bill. Chris Smallwood, the spokesman for and on behalf of the London Pedicab Operators Association, has written to me to express his support for my amendments, and he has suggested a number himself. He has said that he has had introductory meetings with officials from TfL. He names them, but I will not repeat their names in the House. He says:

“A concern was that when questioned about the objectives that TfL’s regulations are seeking to achieve, they”—

those officials—

“talked only about the safety of pedicab drivers and other road users, which of course is a very important objective, and is reflected in our proposed amendment on the objectives for the Regulations. However, they seemed reluctant to acknowledge that a well-regulated pedicab sector could provide health, environmental and other benefits, and that securing those benefits should also be an objective.”

He went on to say:

“It’s not essential that this should be written into the Bill itself, if the Government states that these objectives be written into their guidance to TfL.”

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Guy Opperman Portrait Guy Opperman
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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.

Nickie Aiken Portrait Nickie Aiken
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My hon. Friend is making an important point. I have not always seen eye to eye with the current Mayor, but on the regulation of pedicabs we are absolutely at one. I know from his transport strategy that he wants to encourage more cycling and more green transport, which pedicabs are. The last thing the Mayor of London wants to do is eradicate pedicabs, and the fact that these draft guidelines have been put together and that the Mayor has worked closely with the Department for Transport make it clear that they want this regime to work.

Guy Opperman Portrait Guy Opperman
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May I put on record my agreement with my hon. Friend? The Department for Transport and TfL have worked closely to make progress. There is a desperate desire to get regulation ongoing, so that pedicabs can go forward as a properly regulated business. To be fair, TfL has put that in writing, and I briefly mention the comments at paragraph 2, which states

“we recognise the need for regulations to not only improve safety but to minimise the other associated negative impacts pedicabs have on London, from congestion on streets and pavements, to loud music causing public nuisance or disproportionate fares undermining London’s reputation as a global tourist hub. Once this behaviour is effectively managed through a regulatory regime however, we believe there are a number of benefits pedicabs may have, especially in central areas, where these services could offer a green and space efficient option.”

I do not think TfL could have been any more clearer about its intent to have a regulatory regime, but also a safe regime.

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Nickie Aiken Portrait Nickie Aiken
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I cannot quite believe we are here, to be honest. Mr Deputy Speaker, you have spent many a Friday in the Chair listening to me make the argument for why we need pedicab regulation. It has never been about eradicating pedicabs. It has always been about making them safer for the tourists who use them and for the drivers who drive them, and making Westminster a much more pleasant place to live, work and have a business.

People do not appreciate that in the west end of London there are thousands of people living in social housing, whether in Soho, Fitzrovia, Covent Garden or Marylebone. They have no choice where they live. They are given a home in a social housing block, whether via the council or a housing association, and they are not able to move. Often, they have to live with horrendous experiences that a minority of pedicabs ply: the loud music played for hours on end in the early hours; tourists ripped off; and so many other examples.

We must continue to grow the London economy, especially the central London economy, which has taken such a battering following covid and the energy crisis. We need to ensure that when tourists come here they have a fantastic time. I personally fully believe that licensing for pedicabs will improve the offer. It will ensure that people enjoy it and that they have a special time in London.

I am absolutely delighted that, after four private Members’ Bills, the Government accepted the need for the Bill. I reiterate my thanks to those in No. 10, Will Tanner and James Nation, for all the support they gave me, and to the Prime Minister, who was fully behind it. My greatest thanks go to the Under-Secretary of State for Transport, my hon. Friend the Member for Hexham (Guy Opperman), who has really worked me on this. I thank him so much. I thank the shadow Front Benchers for their support and my dear friend the hon. Member for Vauxhall (Florence Eshalomi)—people talk about having friendships in the Chamber, and I am so proud to have her as a friend. I would also like to thank all the organisations across the west end—the Soho Society, the Marylebone Association and others—who have been behind me all the way. I honestly believe the Bill will make a huge difference, so I thank everyone again. For the people of the west end, this will make a huge difference.

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Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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We are all going to miss you, Nickie—although obviously I will be going out to Dubai to stay for a few weeks.

Nickie Aiken Portrait Nickie Aiken
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I will have a room ready for you.

Nigel Evans Portrait Mr Deputy Speaker
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Here we go!

Question put and agreed to.

Bill accordingly read the Third time and passed, with an amendment.

Automated Vehicles Bill [ Lords ] (First sitting)

Nickie Aiken Excerpts
Grahame Morris Portrait Grahame Morris
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I am grateful. That is quite an important point about regulation and not banning things, but can we just be cognisant of what has happened recently where we have taken a more laissez-faire attitude, such as in relation to pedicabs or the electric cycles that are littering the pavements?

Grahame Morris Portrait Grahame Morris
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Nobody wants to ban them completely, but if we had taken a harder line at the outset on the framework in which they operate, many of those problems could have been avoided. That is all that we on the Opposition Benches are saying.

Pedicabs (London) Bill [Lords]

Nickie Aiken Excerpts
Guy Opperman Portrait The Parliamentary Under-Secretary of State for Transport (Guy Opperman)
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I beg to move, That the Bill be now read a Second time.

It is a pleasure and a privilege to move the motion on Second Reading for this Bill, which tackles an issue that has plagued London’s roads for far too long. Without a shadow of a doubt, the Bill has a long and chequered history in getting to this stage, and legislators have been calling for legislation on the issue for over 20 years. It is unquestionably the case that in 2011 the Law Commission commenced its 11th programme of law reform, which included a review of the legal framework relating to this space. That was published on 23 May 2014, and it recommended bringing pedicabs within the scope of taxi and private hire regulation.

Successive Mayors, including the present Mayor, have supported regulation in this space. The previous Mayor of London, Mr Boris Johnson, called in 2012 for Transport for London to have the power to remove pedicabs that do not meet rigorous safety and licensing standards. An independent task and finish group on taxi and private hire vehicle licensing was subsequently commissioned by the Government in September 2017.

Nickie Aiken Portrait Nickie Aiken (Cities of London and Westminster) (Con)
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The Minister is making a very good point about the cross-party support from both a Labour Mayor and a Conservative Mayor. Does he agree that it is important to recognise that the pedicab industry has also called for proper regulation? The London Pedicab Operators Association wrote to me to say that it is

“in accord with the universal view that pedicabs must be fairly and appropriately regulated fast.”

Does the Minister agree that it is important to do it now?

Guy Opperman Portrait Guy Opperman
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Anyone who has seen this particular problem on the streets of London will accept that there is clear public demand for pedicabs and that there are organisations that want to have regulated, safe pedicabs on the streets of London. My hon. Friend is right to say that the industry wishes to be regulated so that the good actors can be supported, so that people can have trust in this industry, although it is small, and so that the rogue actors—I will come on to them in a bit more detail—are not only discouraged but prevented from operating in this way.

We have to be blunt about some of the particular examples, and this has a significant and real impact on the tourist industry in this country, on women’s health in particular—but also that of general members of the public—and on the potential commission of crime. Some of the worst examples include a tourist charged more than £450 for a seven-minute, 1.3 mile journey with their two children, another charged £500 for a 10-minute journey between Mayfair and Soho, and one hit with a £180 bill for a three-minute journey—fortunately on that occasion the driver was ordered to return the money by local police and Westminster City Council.

The truth is that the task and finish group has been seeking a space for a safe and responsible pedicab trade. The quote that is set out in the House of Commons guidance says that

“there has been much justified criticism in recent years of rogue pedicab operators taking advantage of tourists with excessive charges and absence of safety checks”,

and it goes on:

“It is not acceptable that Transport for London is unable to regulate pedicabs to ensure a safe service; the Government announced in 2016 that it would rectify this, and the legislation should be brought forward as soon as possible.”

That was said in 2018. Subsequently, in 2019, the Government made it crystal clear that they supported the Bill.

There have been various attempts to bring this matter forward and—let us be blunt—this is a thin Bill dealing with a niche issue, but it is something that genuinely does matter. Such issues are traditionally often handled by way of a private Member’s Bill, and various colleagues have tried to bring this matter forward by way of a private Member’s Bill, starting with my hon. Friend the Member for Sutton and Cheam (Paul Scully).

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Nickie Aiken Portrait Nickie Aiken (Cities of London and Westminster) (Con)
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I, perhaps more than most here today, welcome the Second Reading of the Pedicabs (London) Bill. It does seem to be groundhog day for me, as this will be the third time since entering Parliament in 2019 that I have stood in this Chamber and spoken on Second Reading to highlight the need for a licensing scheme for pedicabs in London.

Madam Deputy Speaker, you and others in and outside Parliament could be forgiven for wondering why on earth the Government have given time for this small Bill. One would expect that it should become law via a private Member’s Bill, as the Minister mentioned. It should have done, as four attempts have been made via private Members’ Bills to introduce a pedicabs licensing scheme in London. One was made by my hon. Friend the Member for Sutton and Cheam (Paul Scully); a second by my predecessor, Mark Field; and since entering Parliament I have twice promoted a private Member’s Bill on pedicab licensing, but because of the way such Bills fall due to a single objection, mine have failed.

Therefore, I am truly grateful for what the Government have done, first under the former Prime Minister, Boris Johnson, who was 100% behind the wish to secure pedicab legislation. He agreed with the then Transport Secretary, my right hon. Friend the Member for Welwyn Hatfield (Grant Shapps), to put a clause in the planned transport Bill, which fell when Mr Johnson resigned. I then started my lobbying from scratch and met No. 10 officials from the current Administration to make the case for pedicab legislation to be given Government time.

I would like to put on record my thanks to people from across Parliament who have provided help, particularly Baroness Stowell of Beeston, who supported my campaign to lobby Ministers and their special advisers. I would also like to put on record my thanks and admiration for the two special advisers, James Nation and Will Tanner, who accepted that we needed to introduce pedicab regulation. Without them, we would not be here today and I thank them, the Minister and the Transport Secretary for understanding the reasons why we need this legislation. I did not know for certain whether we would get Government time for this legislation, so when I stood in the other place and heard His Majesty announce

“A Bill will be introduced to deal with the scourge of unlicensed pedicabs in London”,

you could have knocked me over with a feather.

It is fair to ask why we need this legislation at all. First, I wish to point out that this Bill does not and will not propose to ban pedicabs from the streets of London; it is about improving the conditions for drivers and passengers. I firmly believe that if we could have properly regulated pedicabs, they could offer a very positive and special visitor experience. I understand that pedicab regulation already exists in this country and where it does, in places such as Oxford, York and Salisbury, we still see pedicabs, but they provide a much better offer. It is clear that the regulation of pedicabs does not mean their eradication.

Christopher Chope Portrait Sir Christopher Chope
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My hon. Friend will have seen, as I have, the briefing from Cycling UK. Does she recall that it says:

“Even where local authorities have been keen to support local would-be pedicab operators (as has happened in Oxford, Salisbury and York), they have been unable to operate on a ply-for-hire basis, because the local taxi operators (who view them as competition) start asking questions about whether the pedicabs and their operators have the same insurance etc”?

Pedicabs have not been able to operate in those areas outside London because of the opposition from the licensed taxi drivers.

Nickie Aiken Portrait Nickie Aiken
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I thank my hon. Friend for that point. As far as I am concerned, Cycling UK has supported this Bill—I have had several meetings with Cycling UK and I believe my hon. Friend may have been involved in some of those meetings previously. It has always understood why I want to bring in this Bill. It is important to make the point that the drivers and vehicles must be safe. There have been too many instances where police operations and operations in conjunction with Westminster City Council have found drivers who are unfit to be taking passengers, including those who are wanted for serious crimes, such as sexual violence crimes. I believe that one person was even found to be wanted for murder—

Florence Eshalomi Portrait Florence Eshalomi
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Does the hon. Lady agree that this regulation is not just about ensuring a fair and transparent fare model, because TfL will have the option to ensure that those drivers undergo criminal checks and that they have the right to work in the UK?

Nickie Aiken Portrait Nickie Aiken
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I thank the hon. Lady for her intervention, as it comes to the crux of why I wanted to introduce this legislation: I want to make these vehicles safe, not only through ensuring that they are passing MOTs and are fit to be on the street, but by ensuring that the drivers are safe. Again, as a result of the operations that the police and Westminster City Council have undertaken over the years, we have found asylum seekers who have not got the right to work driving these pedicabs, and we have found illegal immigrants who have not got the right to work here. Let us not forget that those people are also being exploited. One reason it is important to have regulated pedicabs is that it will ensure that drivers have rights.

We also have to ensure that we have a regulated, fair system in place. Operators must adhere to the highway code and not play blaring music at all hours of the day and night. It is time that pedicabs in London were regulated, as black cabs, Ubers and private hire vehicles are. I hear what my hon. Friend the Member for Christchurch (Sir Christopher Chope) says about what the Licensed Taxi Drivers’ Association said 20 years ago. In my own meetings in the last couple of years, taxi drivers have been very clear that they want a level playing field. They do not expect pedicabs to be banned; they just want them to be as safe as black cabs. Why should a black cab driver have to jump through so many hoops to get on the road, when a pedicab driver can literally get on a pedicab, go on to the streets of Westminster and ply for trade? It cannot be right, and we have to ensure that the whole system is fair, just and legal.

Parts of my constituency, including Soho, Covent Garden, Marylebone and Fitzrovia, can become like the wild west. It becomes the wild west end at times because of the sheer number of pedicabs on the streets. Too many play extraordinarily loud music, often block roads and pavements, disrupt residents and businesses, and have a poor track record of exploiting London’s tourists.

I am extremely grateful for the wide range of support that I have had for securing pedicab regulation from local people across the two cities, from residents associations such as the Soho Society, the Marylebone Association, and the Covent Garden Community Association, and from businesses including the Hippodrome, Heart of London Business Alliance and the New West End Company. I also thank Roger Geffen from Cycling UK, Chris Dixon from Pedal Me, and Friedel Schroder from the London Pedicabs Operators Association, who have been on this journey with me and always provided me with the information and support for what I intended to do.

The reason pedicabs are not regulated in London, as we have heard, can be traced back to the fact that, under the Metropolitan Public Carriage Act 1869, pedicabs in Greater London are defined as a stage carriage. Modern legislation has not corrected the issue, and thus pedicabs do not fall under Transport for London’s licensing powers. As a result, pedicabs are currently the only form of public transport that is not regulated in London. The Bill corrects that, clearly outlining that, to attain a licence to operate a pedicab, operators must adhere to several requirements pertaining to their pedicabs. The requirements relate to the road-worthiness and cleanliness of pedicabs, safety and insurance, the type of equipment that must be carried onboard, the appearance and marking of pedicabs, and the conduct of pedicab operators.

I must thank the noble Members of the other place, where the Bill began its parliamentary journey, who have improved the Bill and ensured that it is as watertight as possible. I put on record my gratitude to the transport Minister Lord Davies of Gower for his excellent stewardship of the Bill through the other place, and for joining me and today’s Minister, my hon. Friend the Member for Hexham (Guy Opperman), on a visit to Leicester Square on a Sunday evening to see the situation for himself. I am sure that it was enjoyable, and a different ministerial visit than they are both used to. In that time, we saw four pedicabs blocking a pavement, which would have prevented an emergency vehicle, be it an ambulance, fire engine or police vehicle, from entering Leicester Square had there been an incident. Pedicabs have to be properly regulated to ensure that the public are safe.

The other place has tightened up the definition of a pedicab to prevent any adjustments from being made to a pedicab to get around the licensing requirements. Not only will the Bill ensure that the conduct of operating a pedicab is regulated, but it will provide Transport for London, which will operate the licensing scheme, with the powers to implement a proper, fair system like the ones for black cabs and Ubers. Rip-off fares from pedicabs are a constant theme in my inbox, and in media coverage.

Florence Eshalomi Portrait Florence Eshalomi
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I thank the hon. Lady for making such a powerful speech on why we need regulation. Is she aware of the BBC Democracy report on its undercover work looking at the fee charges? One pedicab charged a flat fee of £5 per minute and another reportedly close to £500 for a 10-minute ride. Does she not think that that is an extortionate rip-off?

Nickie Aiken Portrait Nickie Aiken
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I absolutely agree and thank the hon. Lady for her points. The BBC Democracy report was fascinating about some pedicab drivers, although I must make the very important point that not all pedicab drivers are rogues. There are brilliant organisations and companies such as Pedal Me—I have worked with Chris Dixon, the founder—which is an outstanding pedicab company that looks after its drivers properly, and its vehicles. I want all pedicabs to be like that. The BBC Democracy report, however, showed that some pedicabs drivers are being used for drug dealing and taking people to brothels, where they deserve what happens if they go to some very dodgy club. That is why we have to regulate and ensure that drivers are fit to carry passengers and that they are legally able to work in this country, more than anything.

Such pedicab fares are in the media constantly, especially when pedicab operators take advantage of vulnerable tourists enjoying the incredible cultural offer of the west end. A constituent who came across one such tourist incident wrote to me:

“The Pedicab operators got very aggressive when the Americans refused to pay £300 for a journey from Trafalgar Square to Great Smith Street”,

which is a journey of 0.8 miles. I welcome the Bill’s providing Transport for London with powers to set what fares can be charged, when and how passengers must be made aware of the fares, and what methods of payment are acceptable.

Perhaps the most popular part of the Bill for my constituents is the provisions on riders’ conduct, which thanks to the other place have been strengthened to include noise limits. The frustration local people often face due to the loudspeakers many pedicabs carry was best summed up by a constituent who told me:

“I have no choice but to listen to music hour after hour, day after day, and often until the early hours of the morning. They are left in situ, able to do it, as they all know the council and the police have no powers to stop them”.

I was therefore pleased to see the other place strengthen the Bill’s ability to tackle unreasonable noise levels by adding noise restrictions to the conduct requirements that operators must meet in order to keep their licences.

Florence Eshalomi Portrait Florence Eshalomi
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The hon. Lady may know that a number of pedicabs congregate outside St Thomas’s Hospital in my constituency, where patients are recovering from lifesaving treatment. Does she agree that having that noise blaring out in the early hours of the morning is totally unreasonable?

Nickie Aiken Portrait Nickie Aiken
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It is completely unreasonable; the hon. Lady makes a good point. Not only hospitals are affected; hotels are losing business. If a pedicab is outside a hotel in the west end at 2 in the morning and does not move for hours, patrons rightly complain and ask for their money back. This is not just about residents and hospital patients, but about businesses losing money.

I am pleased about the noise levels being added to the restrictions. As my constituent rightly pointed out, pedicabs can get away with acting like that, because there are no powers to contain them. The Pedicabs (London) Bill will bring that to an end, I hope. Those operators who do not adhere to their new licence terms can be given a fixed penalty notice. If the conduct of operators does not improve after that, Transport for London reserve the right to demobilise, seize and dispose of pedicabs that contravene the regulations. That will make a huge difference.

Finally, I will touch on the role of Transport for London. I put on the record my sincere thanks to Will Norman, the Mayor of London’s walking and cycling commissioner. He has worked closely with me on my private Member’s Bills and has been a huge advocate for pedicab regulation.

I note that in the other place an amendment was tabled to allow the Department for Transport to provide Transport for London with statutory guidance on pedicab regulation. I agree with that and welcome the fact that the Government have accepted that amendment. TfL is the correct body to oversee regulation, as it currently regulates licensing for all other taxi and private hires.

It may have taken four private Members’ Bills, an abandoned transport Bill and years of lobbying and campaigning by politicians from across the political divide, but I am confident that the Pedicabs (London) Bill will finally become law, the streets of London will be safer, and we will have a safe and thriving pedicabs industry.

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Christopher Chope Portrait Sir Christopher Chope
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I accept what my hon. Friend says, but if that is not the intention but it happens in practice that it is regulated out of existence, what will the Government do about it? Perhaps he will intervene and answer that question. At the moment, there is nothing in the Bill to enable the situation to be rectified. If TfL behaves in the irresponsible way it has in relation to the ultra low emission zone, and appeases the Licensed Taxi Drivers Association and effectively outlaws pedicabs in London, what is going to be done about it? I hear no response, but that is why proper safeguards must be written into the Bill. As for the Minister’s point that Transport for London has only just found out about its responsibilities, TfL proposed its own legislation in 2005, and I imagine that it had in mind exactly what it wanted to do.

When my hon. Friends the Members for Sutton and Cheam (Paul Scully) and for Cities of London and Westminster produced their private Members’ Bills on this subject, it was already clear that the regulations would be introduced by TfL. When we asked TfL what would be in them, we were told, “We have not the time or the inclination to start drafting the regulations now.” Even as we speak, we do not know what the timescale is for the production of the regulations and the introduction of this regime.

I am not sure whether the Minister said that he had read Roger Geffen’s four-page briefing, but if he has not, I will happily share it with him after the debate. In the briefing, concern is expressed—and I certainly share that concern—about the Bill’s requirement for TfL to consult “whoever it considers appropriate”. What is the point of that? Why not say something specific, such as “Transport for London must consult organisations representing pedicab operators, cyclists and pedestrians—and others, but including those”? At present, the Bill places no obligation on TfL to consult pedicab operators, cyclists, people involved in the hospitality industries, and so on.

Nickie Aiken Portrait Nickie Aiken
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My understanding—although the hon. Member for Vauxhall (Florence Eshalomi) may be able to correct me, having carried out the role of transport committee chair at City Hall—is that TfL must undertake a statutory consultation with all the relevant parties, including businesses and residents, on any regulation that may be introduced if the Bill is passed before this can become a proper licensing regime.

Christopher Chope Portrait Sir Christopher Chope
- Hansard - - - Excerpts

I am grateful to my hon. Friend, because in that case I am sure she will support an amendment, or perhaps draft it herself, to place on the face of the Bill exactly what she has said. At the moment, the discretion as to who should be consulted rests solely with TfL, which I think is ridiculous.

Let me expand a little on the point I was making about clause 5 and the need for clarification of what is meant by “a power-assisted pedicab”. Cycling UK believes that the potential pitfalls could be avoided through reference to the Electrically Assisted Pedal Cycles Regulations 1983 to define the vehicles that will be exempt from the legislative requirements for private hire vehicles. I hope that the Minister will take that point on board.

Cycling UK has made a number of other suggestions. It asks, for instance, what will happen about pedicab stands:

“Subclause 2(7) of the Bill currently provides for TfL to make regulations to limit the places, times and/or circumstances in which pedicabs may ply for hire or operate”—

Oral Answers to Questions

Nickie Aiken Excerpts
Thursday 14th December 2023

(1 year ago)

Commons Chamber
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Huw Merriman Portrait Huw Merriman
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When this proposal was first mooted, it was to be a 50:50 split with Heathrow airport and the new runway, but matters changed after the pandemic. We are determined to see private sector involvement in the railways continue. If there is a private sector proposal, we are very happy to support it, but these schemes must not come at the expense of taxpayers.

Nickie Aiken Portrait Nickie Aiken (Cities of London and Westminster) (Con)
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The Under-Secretary of State for Transport, my hon. Friend the Member for Hexham (Guy Opperman) saw for himself on Sunday night the scourge of pedicabs in the west end. With the Pedicabs (London) Bill having reached Report stage in the Lords, can he update the House on when we can expect it to be presented in this place?

Guy Opperman Portrait Guy Opperman
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Early in the new year.

Oral Answers to Questions

Nickie Aiken Excerpts
Thursday 30th June 2022

(2 years, 5 months ago)

Commons Chamber
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Grant Shapps Portrait Grant Shapps
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As a pilot, I understand how NOTAMs—notices to aviation—work: they are the responsibility of either the pilot or the aviation operator, which in this case was the airport, to follow. There is simply no excuse for not following them.

Nickie Aiken Portrait Nickie Aiken (Cities of London and Westminster) (Con)
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With more strike days on the tube under this Mayor than his predecessor, his wanting to slash our bus services—in particular, the 24 and the 211 in my constituency—and with the Met now in special measures, does my right hon. Friend think it is time that the Department for Transport considers putting Transport for London in special measures?

Grant Shapps Portrait Grant Shapps
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My hon. Friend makes an interesting point. Labour Members constantly call on me to enter into direct negotiations with the unions. They may be able to tell us whether the Mayor of London has done the same thing with the RMT strikes. If he has, it has not worked. If he has not, why are they not calling on him to do that?

To add to my hon. Friend’s lengthy list of problems, I got a letter yesterday from the monitoring officer at the Greater London Authority, who says that she will be referring to the formal complaints process guidance as a result of the Mayor’s releasing information about both the Elizabeth line and TfL in advance of the markets.

Industrial Action on the Railway

Nickie Aiken Excerpts
Monday 20th June 2022

(2 years, 6 months ago)

Commons Chamber
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Grant Shapps Portrait Grant Shapps
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The hon. Lady, whose own constituency Labour party received £3,000 from the RMT, may have missed the leader of her union address a press conference about an hour ago, where he made it clear that he had walked out of the talks to which she is encouraging the employers to return. We are ready to speak. We want to see this settled. Pay offers have been put down, but modernisation is required in return. It takes two to tango.

Nickie Aiken Portrait Nickie Aiken (Cities of London and Westminster) (Con)
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UKHospitality, the hospitality trade association, believes that the strikes tomorrow, Thursday and Saturday will have a massive effect on the hospitality industry. We are talking about not just the major employers, but the small, family-run restaurants and cafés. Does my right hon. Friend agree that, rather than taking these strikes, the RMT should be going back to the talks and trying to stop these strikes, so that we can protect the jobs within the important hospitality industry?

Grant Shapps Portrait Grant Shapps
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My hon. Friend is right. These strikes will cost the railways a lot. They will particularly cost people who are unable to travel—particularly the lowest paid, because they often have jobs to which people still have to physically turn up. There is probably not a sector that will suffer more than the hospitality sector. Just as this country is recovering from covid, it is completely unforgiveable of the unions to call their members out on strike when they are doing so artificially and without good cause, while negotiations are still continuing, and on the false prospectus of there not being pay rises when there were always going to be pay rises.

Peter Gibson Portrait Peter Gibson
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My hon. Friend raises an incredibly important point. Much of our legislation dates back to previous eras when people did not travel outside their local authority areas, but now vehicles licensed in one local authority could operate entirely in another. Far from being even in neighbouring local authorities, they could be in completely disparate parts of the country.

In the interests of ensuring that the latest and most relevant information is available to the licensing authority, the Bill stipulates that licensing authorities must input the decision details within five working days of notifying the driver of their decision. During the 11 years that the record would be held on the database, the licensing authority must also ensure that it is kept up to date to reflect any changes, such as if the driver successfully appeals the original decision—as indeed they will be able to, just as they may now.

Nickie Aiken Portrait Nickie Aiken (Cities of London and Westminster) (Con)
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I congratulate my hon. Friend on this excellent private Member’s Bill. I am fascinated to hear what he is saying about the regulation and licensing of private hire vehicles. In London, we have the issue of pedicabs, which can be considered a private hire vehicle but have no licensing regime. We do not know who the drivers are, or how safe they are—in fact, we do not know how safe their vehicles are. Does my hon. Friend agree that it is about time that we had a proper licensing regime for pedicabs in London?

Peter Gibson Portrait Peter Gibson
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I am grateful to my hon. Friend for her intervention. She, too, knows the challenges of steering private Members’ Bills through the House, and she rightly continues to raise the issue of pedicabs and to press the House to deliver legislation to deal with it. She has been a tremendous champion of that, and I look forward to her continuing that campaign.

The Bill will give the Government the flexibility to provide the database or to designate another database provider. The database operator will also be able to charge a fee to licensing authorities to cover the cost of administering the database, but that fee would also need to be agreed by the Secretary of State. The fee does not have to be levied; the Government may choose to cover the cost, and I think that adequately deals with the point raised by my right hon. Friend the Member for East Yorkshire (Sir Greg Knight).

Enabling licensing authorities to check an applicant’s previous licensing history with other authorities in respect of suspicions, refusals and revocations will ensure that relevant information can be considered. The aim is to empower our licensing authorities in the vital work they do in protecting the travelling public from the few who seek to do harm.

The other aspect of the Bill is new duties on licensing authorities to report concerns about drivers licensed in other areas and to respond to those reports from other authorities. As Members may be aware, only the licensing authority that issued a driver’s licence can suspend, refuse or revoke it, but, as we know, drivers may be licensed by one local authority but operate almost entirely in another—often a neighbouring local authority, but sometimes much further afield.

Where a licensing authority in England has safeguarding or road safety concerns about a driver licensed in another area that would lead to it considering suspending or revoking that licence had it issued it, the authority will be required to report those concerns to the authority that issued the licence. Those concerns must be reported, even if the licensing authority is based in Wales or Scotland, and they must be reported within 10 working days of the authority’s becoming aware of the relevant information relating to the driver’s conduct in its area.

Where a licensing authority in England receives concerns from another licensing authority in England, Scotland or Wales, it must consider whether to suspend or revoke the driver’s licence. The authority must inform the reporting authority of its decision and reasonings within 20 working days. These measures will help ensure that the licensing authority that issued the licence and is able to suspend or revoke the driver’s licence is aware of serious concerns over its drivers, even when they are working in other areas, so that only those who are fit and proper remain licensed.

Overall, the Bill is about ensuring the safety of our constituents when travelling by taxi or private hire vehicle. From the support the Bill has received across the House, I know it is something we can all get behind. The Bill goes some way towards the reform of our taxi licensing system and improves safeguards for the protection of our constituents. It does not provide for wholesale reform, and it is not a costly measure. It simply and cleanly closes a glaring loophole that frankly should never have been allowed to exist. I commend the Bill to the House.

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Paul Holmes Portrait Paul Holmes
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I apologise to you, Mr Speaker, and to my hon. Friend the Member for Darlington for leading him down that path, but my constituents were expecting me to mention that point.

Nickie Aiken Portrait Nickie Aiken
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Not for the first time!

Paul Holmes Portrait Paul Holmes
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Not for the first time, as my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) outlines. I will get to the cars that service the trains in Eastleigh, but I just say to my hon. Friend the Member for Darlington that Eastleigh is the birthplace of the railways in the south.

This Bill closes some of the loopholes around the good administration, and relieves the current burden on local authorities and licensing authorities. I agree with my hon. Friend the Member for Darlington that there is a kind of postcode lottery and patchwork quilt approach to the licensing of private taxis in England. As someone who has previously served on a licensing authority in Southampton—[Interruption.] My hon. Friend the Member for Cities of London and Westminster heckles me from a sedentary position; she told me 10 minutes ago that she was chairman of the largest licensing authority in the UK, so I am sure that she will want to intervene and share her experience during my speech.

I remember consistently that when I was a member of the licensing authority, there was a perennial frustration when drivers came before us that we did not necessarily have all the information that we wanted, given the timescales for approving and licensing taxi drivers. We also did not know whether that driver had been before other licensing authorities.

Nickie Aiken Portrait Nickie Aiken
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As my hon. Friend has just informed the House, I was proud to be the chair of the largest licensing authority in the country. Does he agree that we should thank the outstanding licensing officers—including the licensing enforcement officers—up and down this country, who work so hard to ensure our safety, whether that is in premises, taxis or any other form of licensing?

Paul Holmes Portrait Paul Holmes
- Hansard - - - Excerpts

I absolutely agree. In my background and in my hon. Friend’s, the teams worked tirelessly to ensure that we have not only roadworthy vehicles, but safe drivers. In addition to her comments, we should also put on record our thanks to the thousands of taxi drivers—my constituents and constituents across the whole UK—who play by the rules, keep their cars up to scratch and provide a service to people in this country. We really do value their lifestyle and the work that they do, and we thank them.

This Bill is good for reassuring millions of users of the taxi trade, particularly people travelling late at night, of their safety. As my hon. Friend the Member for Penrith and The Border (Dr Hudson) said, whereas years ago taxis were predominantly focused on close geographical areas, they are now travelling much further around the country and are being used a lot more. That is why it is so important that licensing authorities across the whole country know where drivers have come from and whether they have not necessarily played by the rules in the past.

It is unfortunate that the most important provision in the Bill, as my hon. Friend the Member for Darlington said, is that it protects people. It protects people who are vulnerable, including young people, but in particular women who may actually be using a taxi for the safe trip home, instead of using public transport; unfortunately, in recent times we have seen the absolute reason why this Bill should pass, which is that it will provide women with that reassurance in getting home.

There is a key problem. It is bizarre that in 2022, we still have an antiquated and outdated system. My hon. Friend the Member for Penrith and The Border said that this licensing regime has been going on for many years. It is bizarre that we have a system that has not got a single, uniform, one-stop code or database to be able to ensure the safety not only of vehicles, which are travelling further, but the people who drive them, who have people in their cars. I use taxis from here at the end of late-night sittings, and sometimes, when I am travelling, when I get back to my constituency, and it is rare to see the same driver twice. The many millions of people who use taxis in this country probably do not see the same driver twice. Given the nature of being in a taxi—with a stranger—it is bizarre that we do not have people being properly checked.

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Nickie Aiken Portrait Nickie Aiken (Cities of London and Westminster) (Con)
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Like every other Member who has spoken, I thank my hon. Friend the Member for Darlington (Peter Gibson) for embarking on this mission to reform the licensing laws governing taxis and private hire vehicles. Given what he has said this morning and what I have read in the Bill, I cannot understand why we have not done this before. I agree that private Members’ Bills can play a vital part in improving legislation, and I thank my hon. Friend for his diligence and his excellent work on this issue.

I have read the Bill in detail, and I am incredulous that one type of vehicle, which is seen particularly in our capital—the pedicab—is exempt from its provisions because of an anomaly in the law. As many Members know, for the last two years I have been trying to get my Pedicabs (London) Bill through the House; I am continuing to do so, and I hope that it will be read again this afternoon.

Lia Nici Portrait Lia Nici
- View Speech - Hansard - - - Excerpts

It seems to me from what my hon. Friend has been saying that the only difference relates to whether or not a vehicle has an engine. What position are passengers in should a pedicab owner have an accident and they are injured? Must they have insurance?

Nickie Aiken Portrait Nickie Aiken
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I thank my hon. Friend for raising the issue of insurance. She may be shocked and possibly appalled to learn that, as it stands, pedicabs in London have no licensing regime. Therefore, there is no onus on them to have any insurance. Currently, passengers getting into a pedicab have no understanding of the risk they are putting themselves at. There is no legislation that calls on pedicabs in London to have any insurance, and drivers are not checked. Operations conducted in recent weeks by Westminster City Council and the Metropolitan police found drivers who are wanted for sexual offences. Their vehicles have no form of MOT—there is no onus on the driver to have an MOT or any checks on their vehicle. That is why I have been campaigning, since I arrived in this place, to ensure we have a proper licensing regime that mirrors what my hon. Friend the Member for Darlington is trying to do with his Bill.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Can I just stop the hon. Lady there momentarily and suggest that we go back to this Bill? I know and appreciate that the hon. Lady has a separate Bill, which may or may not have a Second Reading this afternoon, but we must focus on this Bill. I have given a little bit of generous leeway, but I think we should get back to the Bill.

Nickie Aiken Portrait Nickie Aiken
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I appreciate and understand your comments, Mr Deputy Speaker. You will understand my passion to ensure that everybody who gets a pedicab in London is safe, but I will move on.

I pay tribute to the outstanding taxi drivers and private hire vehicle drivers we have in this country. As Members have pointed out, it is clear that they have paid a huge price during the pandemic. One only has to go on to the streets of my constituency to see that the office workers and international travellers have disappeared. I talk to taxi drivers all the time and I know they are desperate for us to get back to normal after the pandemic. I hope the Bill my hon. Friend the Member for Darlington is bringing forward today will give those who work day in, day out to provide a service the comfort that we support their efforts.

Let us not forget that private hire vehicle and taxi drivers provide us with a service, including in taking us to hospital. Many vulnerable citizens going to hospital may not want to get a bus. They may prefer to get a taxi. I have a taxi driver in my own family. I am very proud that my cousin-in-law in Cardiff, Alex, is a black cab driver. He does a brilliant job. I know from first hand the work he does. He supports children with learning difficulties by getting them to school every day of the week. I thank him and drivers like him who are doing that public service, taking our vulnerable patients to hospital and our vulnerable children and young people to school. Quite often, that type of work is forgotten. We think that taxi drivers and private hire vehicle drivers are just those who take us out on a night out or perhaps take us home after we have had a good night out.

In conclusion, I thank my hon. Friend for bringing forward this brilliant Bill. It will make us safer, it will make our drivers safer and it will ensure that our outstanding licensing authorities across the nation, and in particular across England and Wales, provide the extra level of security we all deserve when we get into a private hire vehicle.

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Trudy Harrison Portrait The Parliamentary Under-Secretary of State for Transport (Trudy Harrison)
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What has come across more than anything in the debate is the appreciation for the taxi industry, not least during the pandemic, in providing essential services, often to the most vulnerable in our society. I join in all those tributes to taxi drivers and licensing authorities. I will come on to more detail in my response.

I thank my hon. Friend the Member for Darlington (Peter Gibson) for his tremendous and diligent work on the Bill, and congratulate him on steering it through the House. I also pay tribute to the hon. Member for Cambridge (Daniel Zeichner), whose tenacity has been commented on by many hon. Members. The collegiate way in which he has worked with colleagues across the House is commendable.

I am pleased to give my support and that of the Government to the Bill. My hon. Friend also referenced the many groups that he has worked with to provide such a comprehensive private Member’s Bill for consideration today. He referred to the APPG and organisations such as the Suzy Lamplugh Trust.

As hon. Members may know, regulation of the taxi industry began in the 17th century under King Charles I. The King was so concerned about congestion in the City of London that he issued a proclamation restricting the number of hackney coaches to 50 and preventing them from carrying passengers less than three miles. In spite of that, by the 1760s the services provided by hackney coaches were so popular that there were more than 1,000 such coaches on London streets—although I believe there were no pedicabs at the time—[Laughter.]

The diligent work of so many reputable people in the taxi and private hire trades can be tarnished by the acts of the few. That is something that the Bill will help to prevent, by ensuring that those few are not able to hold a taxi or private hire vehicle licence, so that the vast and respectable majority can build the reputation that they deserve. It is vital that transport users feel safe while travelling alone and late at night. The Bill will help to achieve that for those travelling by taxi or private hire vehicle by ensuring that local licensing authorities have access to relevant safeguarding and road safety information about license applicants and existing licensees applying for renewals.

There has been much talk today about the safety of women and girls using taxi services. I am afraid that I probably have a bit of a reality check for my hon. Friend the Member for Dudley South (Mike Wood), because in my experience of having four daughters aged 18, 20, 21 and 23, his currently studious daughter will probably be tempted by the night-time economy and find a need to use the services of taxis. My hon. Friend the Member for Barrow and Furness (Simon Fell) mentioned his night-time economy, and it is certainly often the reason for my daughters’ use of local taxi services.

I want to set out what we are doing on the violence against women and girls strategy, which pertains to the Bill. Everyone has the right to feel safe when travelling and using public spaces, which is why we will be working with the industry and the Minister of State, Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), who is also on the Front Bench today, to ensure that a real change is made on the ground. The Department is determined to do all that we can to ensure that women and girls are safe when they use the transport network.

Nickie Aiken Portrait Nickie Aiken
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I agree with what my hon. Friend is saying about ensuring the safety of women and girls on public transport, whether in taxis or otherwise. Does she agree that it is incredibly important that we ensure that the Mayor of London gets the night tube up and running, and takes on the unions that are preventing this from happening, to ensure that women and girls, whether they are working in the night-time economy in London—60% of employees in the night-time economy in London are women—or enjoying a night out, can get home safely?

Pedicabs (London) Bill

Nickie Aiken Excerpts
Friday 19th November 2021

(3 years, 1 month ago)

Commons Chamber
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Nickie Aiken Portrait Nickie Aiken (Cities of London and Westminster) (Con)
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I beg to move, That the Bill be now read a Second time.

I am aware that time is of the essence, so I will make this as quick as possible. The reason I am bringing the Bill to the House again is that pedicabs remain the only form of public transport on the streets of London that is unregulated. Black cabs and private hire vehicles such as Ubers are all under very stringent regulation and have licences through Transport for London. Under some legal anomaly, pedicabs remain unlicensable and unregulated by TfL, and I think that is wrong and must be addressed.

I welcome the fact that the Government have supported my Bill, and I hope we can get it through today, because women’s safety is at risk. We should be under no doubt that as it stands, pedicab drivers and their vehicles are not checked. They go through no checks on the security of the drivers and the vehicles go through no form of MOT. That is unsafe for women and for passengers. There is also no fare regulation, which affects tourists in particular. They enjoy using pedicabs, and why would they not? They can be an exciting offer for central London in particular. A tourist couple reported getting into a pedicab in Leicester Square, going 0.8 miles to Stratton Street and being charged £380. An Uber fare for the same trip would cost £7—54 times more was charged by the pedicab driver. Until they are regulated, we will not stop this dreadful practice.

The police and councils such as Lambeth Council and Westminster City Council have supported my Bill, as have the Mayor of London and the deputy Mayor of London for transport. It is important to mention that some enforcement is available under antisocial behaviour legislation, but I can tell the House from speaking to council officers and councillors that there is nothing they can do to stop drivers or prevent them from going about their business. They can ask them to stop their noise and playing ghetto blasters, but they cannot take them off the streets. The police and Westminster Council, under current legislation and current regulations, cannot police drivers for having no insurance, no training or unsafe vehicles.

Having a licensing regime, as suggested by my Bill, would bring in the ability for TfL to provide licences where drivers have to prove that they are safe and their vehicles are safe. If a council worker, official, city inspector or a police inspector comes along, they can check their licence and ensure that they are safe. If they are not, the licence can be taken away and, importantly, the vehicle can be taken away and impounded. That is key to why I want to bring in this Bill—at the moment, those actions are not possible. A city inspector from Westminster City Council can present an enforcement notice, but without any proof of who that person is, that person will not turn up at the magistrates court and will not be held to account by anybody. Under the licensed and regulated scheme that I am suggesting, that would happen.

It is important to note that we are talking about a minority of rogue drivers. The London Pedicab Operators Association supports what I am trying to do. It has told me that it is

“in concord with the universal view that pedicabs must be fairly and appropriately regulated—fast!”

The guys who are part of the association do their own checks. They organise their own insurance, but they are under absolutely no obligation to do so, and that is why I want to bring in this Bill to ensure that there are proper safeguards for them and a level playing field. Black cab drivers have to do that, and they will be parked up at traffic lights next to a pedicab driver who may have passengers. The passengers in the black cab know that they have safeguards; the passengers in the pedicab have no safeguards.

The noise and disruption that my constituents are having to live through is getting worse. Since lockdown, it has got worse. I have had 4,000 representations made to me about this one issue. People living in Soho and Covent Garden are particularly suffering from this dreadful antisocial behaviour and rogue type of pedicab driver. Let us not forget that the majority of people who live in Soho and Covent Garden are in social housing. They do not have the choice to move; they are there because they have the privilege of a social housing home, but that means that they cannot move. People who have a private home can sell up or not have to rent any more, but let us remember people in social housing.

Let me give the House an example from Covent Garden last weekend. A city inspector from Westminster City Council told me:

“At approximately 21.10…two city inspectors attended the area…there were 25 Pedicabs all parked up on Drury Lane…City inspectors spent the next 45 minutes moving Pedicabs along, as they were blocking road traffic”.

The inspectors had no real enforcement powers but to move the pedicabs on; they could take the drivers’ names and addresses, but they could not prove whether they were real. There was no further action that these guys could take.

Pedicabs have no regard for disabled people, either, or for people trying to cross the road with guide dogs or in wheelchairs. This is a real, real issue: I have been told by numerous people about the noise that rogue pedicab drivers make. I emphasise that there are many who are part of the London Pedicabs Operators Association who are good, but there is an element who are not. I quote from an email from a constituent who spoke to a pedicab driver:

“He said ‘There’s nothing the police can do about it. This nuisance is permitted as the operators are able to use a bylaw related to the power of their machines.’”

That means that the operators know that pedicabs are currently not regulated. This is not only about noise and sheer antisocial behaviour, but about safety and fair regulation. That is why I ask all hon. Members present to support the Bill.

Oliver Heald Portrait Sir Oliver Heald (North East Hertfordshire) (Con)
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Do pedicab drivers need a driving licence? Do they require insurance? If not, it seems that that could be dangerous.

Nickie Aiken Portrait Nickie Aiken
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That is the crux of the matter: a pedicab driver does not need a driving licence and does not need insurance. Under my Bill, that would change. They would have to have insurance, have a driving licence and prove that they have been properly trained. At the moment, they can ignore the highway code—believe me, I have example after example of pedicab drivers ignoring it.

I emphasise that the Bill is not about banning pedicabs. I firmly believe that pedicabs, properly regulated and licensed, can provide an offer to tourists in central London as they do in other European nations. In London, they are not regulated; in every other part of England, councils have the powers to regulate and license them. I wonder whether that is why we do not see them in other cities. I was in Manchester recently, and I do not recall seeing a pedicab. I would have thought that a city such as Manchester would want pedicabs, but because they can be regulated and licensed, many of the rogue elements choose not to operate, because they know that they will be held to account.

Does the Minister agree that it is so important to give my pedicabs Bill a Second Reading today so that we can keep our passengers and tourists safe, keep other road users safe and ensure that the west end and central London remain a vibrant place? I hope that all hon. Members will support the Bill today.

Oral Answers to Questions

Nickie Aiken Excerpts
Thursday 24th June 2021

(3 years, 5 months ago)

Commons Chamber
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Grant Shapps Portrait Grant Shapps
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I am familiar with that absolutely tragic case. Indeed, I know that my hon. Friend the Rail Minister met the partner of the deceased last week and discussed all of these matters, including the integration of audible announcements, which we consider to be very important indeed. We are speeding up the introduction of tactile pavements on railway stations and, in particular, close to the rail tracks.

Nickie Aiken Portrait Nickie Aiken (Cities of London and Westminster) (Con)
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Improving our air quality is a major priority for my constituents. Both they and I remain very concerned about the ongoing number of drivers who continue to idle their vehicles when parked at the kerbside. A single minute of idling an engine of a car creates 9 litres of CO2. Unfortunately, regulation 98 of the Road Vehicles (Construction and Use) Regulations 1986 does not adequately equip local authorities with the power they need to deter repeat engine idlers, only with an £80 fine. With that in mind, does my hon. Friend agree that we should now be considering increasing fines for drivers who continue to idle their engines, making it a genuine effective deterrent?

Robert Courts Portrait Robert Courts
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I know that my hon. Friend is a passionate campaigner on this issue and I completely agree that it is vital that we take action. Ultimately, it will be better technology, such as stop-start and zero-emission vehicles that will solve the issue. The UK is a global leader in the development and the manufacture of electric vehicles and we will continue to work to foster that position.

Transport for London: Funding

Nickie Aiken Excerpts
Monday 30th November 2020

(4 years ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Nickie Aiken Portrait Nickie Aiken (Cities of London and Westminster) (Con)
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It is a pleasure to serve under your chairmanship, Sir David. I welcome this debate, brought by my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn). Before I start, I have an interest to declare: I have two teenagers who enjoy the free travel for under-18s.

I recognise the detrimental effect covid-19 has had on TfL’s finances. Anyone using the tube or bus will know of the dramatic fall in passenger numbers. I travelled here on the tube. The stations and carriages are empty. But we must accept that the rot in TfL’s finances had set in way before covid-19. Much of the blame for TfL being in such an awful mess can be laid at Mayor Khan’s door. Yes, the Government’s decision to phase out the operating revenue element of the TfL grant had some effect—losing £700 million a year would have been difficult to absorb—but the Mayor knew that before he stood for election and introduced his fare freeze. There was no strategic thinking about what could happen in City Hall once he was elected.

The Mayor introduced a major fare freeze across the network despite advice from his transport commissioner not to do so, which he ignored. That led to an extra loss of £640 million on top of the £700 million, which meant the Mayor had a loss of more than £1 billion before he had even finished his first year. This issue has also led to a fall in passenger numbers at the same time—a triple whammy, even before covid struck. In my constituency, people are now feeling the effects of the Mayor’s inability to invest in infrastructure. I might add that people in Pimlico desperately need the tube to be upgraded, because of the terrible noise that they have to deal with. The Mayor and his deputy have made personal promises to the people of Pimlico that now cannot be kept.

One of the big issues that has really affected my constituency is the extension of the congestion charge. A number of constituents and businesses have come to me because they are concerned about the extension to 10 pm from Monday to Friday, and about the extension to Saturdays and Sundays. Many people now describe it as a two-tier system, because at the same time as extending the congestion charge, the Mayor stopped the resident discount from 1 August. That applies no matter how long someone has been living within the congestion charge zone. Their circumstances might change: they will get older and might become frail, or they might have infirm children who need to be transported in a car. Such people can no longer benefit from the 90% reduction, which is a massive issue.

I have had doctors, pharmacists, foster carers, charity workers and market traders all say to me that the extension of the congestion charge and the ending of the discount is having a detrimental effect on their lives. One doctor who lives in Westminster has now been posted to the Surrey border. He wanted to use his car because of the times of his shifts, so he now drives, which adds £15 extra to his daily commute. A market trader in Covent Garden told me that she works at her small business two days a week, on Saturday and Sunday. The congestion charge on Saturdays and Sundays has now added £1,500 to her bottom line. At a time when we are trying to have an economic recovery, the charge is another blow to small businesses.

Why can the Mayor not consider the gross over-expenditure that he has introduced? TfL employees now have a 31% pension contribution from their employer, compared with 13% for doctors, nurses, police officers, firemen and teachers. Why should TfL employees benefit from that? Why has there been an increase of nearly 100 people who earn £100,000 a year working for TfL? All this fat could be cut, so that TfL can keep free travel for under-18s and the over-60s. It has to change, and the Mayor has to be held to account on this issue.