Taxis and Private Hire Vehicles (Disabled Persons) Bill

Peter Gibson Excerpts

3rd reading
Friday 18th March 2022 Commons Chamber

[Jeremy Wright]

I am grateful to my hon. Friend and she is right. I have spoken to a number of different disability campaign groups, advocacy groups and charities, and I am pleased to say they are all supportive of the Bill’s intention. As she represents a rural constituency, she will recognise, along with those others of us who represent rural areas, that taxis and private hire vehicles may be the only way for people with disabilities to get around. They are an important lifeline, so the provisions of the Bill will have effect particularly in rural areas, such as the ones that she and I represent.

I have come across, as she will have done, constituents who rely on that vital lifeline, not just during the covid pandemic but all the time. They will want to know that they have these rights, that drivers are aware that they have these rights and that they can be carried without additional charge and with the basic consideration that, as my hon. Friend the Member for Clwyd South (Simon Baynes) mentioned earlier, good drivers already provide, but that all drivers should.

[Peter Gibson (Darlington) (Con)]

My right hon. and learned Friend raises an important point about availability and accessibility of vehicles for disabled people. In my very urban constituency, availability of wheelchair-accessible taxis is a continuing concern for people who want to be able to get out and about. Will he comment on the idea of a national database—a central record—of where these vehicles are, so that our disabled communities can easily access information about where they can get such vehicles?

[Jeremy Wright]

I pay tribute to my hon. Friend because I know he is in the process of taking through other important legislation in relation to taxis and private hire vehicles, which will contribute to the better environment that the hon. Member for Cambridge (Daniel Zeichner) referred to earlier.

My hon. Friend the Member for Darlington (Peter Gibson) is right that this is a problem in urban as well as rural areas, and that one thing we can get better at is giving people with disabilities, particularly those who need wheelchair-accessible taxis and private hire vehicles, better information on where to find them. That is why in this Bill the expectation that local authorities maintain a list of such designated vehicles will change from being optional to being a requirement. That will be more consistent across the country so that wherever people live—in urban or rural areas, wherever they are in the country—they will be able to get that information more clearly and easily, to help them move around. I agree with my hon. Friend that that will make a significant difference.

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[Alicia Kearns (Rutland and Melton) (Con)]

I rise today to speak in support of the important Bill promoted by my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright). Too often, pockets of our society do not have true equality, or true access, and the Bill will fundamentally change that. Some people may think that this is just a small change, but for disabled people in my constituency and beyond, this will make an enormous, life-changing difference.

We talked earlier about rural areas in particular and how they will benefit from this Bill. Rutland and Melton is an incredible constituency of 462 square miles. I have almost 140 villages and just three towns, so taxis make a fundamental difference to the lives of disabled people living in our communities, but I can attest that we do not have enough taxis. On a Friday, should a surgery run over and I do not have a car, I have sometimes had to wait up to three hours to get a taxi. On a Friday evening, I will be sleeping in my office; I will not be getting home to my family because there is insufficient taxi access. That is how it is for me, as an able-bodied individual. For my disabled constituents, things are made all the more difficult.

At this point, I will talk briefly about how, in future considerations by the Government, this Bill could go further and support women and men who are parents. All too often, I have had a taxi turn up to pick me up and the driver has seen that I am a mum with two children and a pram and they have turned and run—I would like to think that they do this because of the children and not because they have seen my face—and refused to take me. I do not know whether my colleagues have had similar experiences, but the fact is it does happen. I point out, however, that such drivers are a small minority; the vast majority of taxi drivers want to do everything they can to support those whom they carry. However, some are happy to turn around and leave a mother in the rain with two small children under three. That has happened at least four or five times in my lifetime and my children are only three now, so perhaps we could look at this in future revisions of the Equality Act.

[Peter Gibson]

My hon. Friend is making an important speech. I am very concerned to hear that she has been left by taxi drivers. When my private Member’s Bill, the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Bill, was passing through the other place, Baroness Brinton gave a very moving speech about how she, as a disabled wheelchair user, had been turned away by a taxi and had had to use her motorised wheelchair in the rain, and how the battery had run out a short distance from her home. Clearly, this is not acceptable.

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[Chris Loder]

I thank my hon. Friend for his kind intervention. I entirely agree with him: I think that the Government’s work in this field is excellent. Regrettably, however, it is not excellent in West Dorset yet. When a county town station is not fully accessible and the second town of Somerset, on the border, is served by a station at which someone who is disabled and arrives after 8 pm will be stranded, that is completely unacceptable. However, I wholly support what the Government are doing through Access for All, and would warmly welcome more of that investment in West Dorset to address this issue.

[Peter Gibson]

While we are on the issue of railways, on which my hon. Friend is an expert and speaks eloquently, and as we are talking about access to them for disabled persons, may I draw his attention to my campaign for the installation of tactile paving, an essential means of ensuring safety for disabled persons, at Darlington’s Bank Top station? May I also be the first to wish the Minister well with the GB Railways headquarters? We learned today that 42 possible locations had been named; I just want to put Darlington’s bid on record, and to wish the Minister well with that.

[Chris Loder]

I would welcome investment in the tactile paving that my hon. Friend will be receiving at Darlington. I understand that it is part of a £100 million scheme to develop the whole station. That is major investment for a wonderful part of the world, but West Dorset is equally wonderful, and I cannot remember the last time we saw major investment in one of our railway stations in rural Dorset. I am grateful to my hon. Friend for allowing me to make this point. Access for disabled people who need to travel in taxis to and from trains, especially in the absence of rural bus services, is incredibly important, and we often do not pay attention to it.

You may be interested to know, Madam Deputy Speaker, that in three areas in rural Dorset one has to put one’s hand out for the train driver to stop. Those train stations have only steps, and they are completely inaccessible to disabled people arriving by car. I hope the DFT and my hon. Friend the Minister will pursue a wider piece of work to develop connectivity for disabled people who travel by car and taxi to get on a train.

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[Gareth Davies]

My hon. Friend makes an excellent point, and I pay tribute to Apollo Taxis, just as I did at the beginning to all those taxi firms in Grantham and Stamford constituency.

I also welcome the national disability strategy, which has already been referred to by one of my hon. Friends and is the first cross-Government effort to improve the everyday lives of disabled people. Again, I praise this Government for the efforts they are making, particularly the disability Minister, who has taken to her brief with great passion and motivation. However, there is clearly an issue, which this Bill is seeking to address. Many disabled people face discrimination when it comes to taxi services, whether that is outright refusal of service, over-charging of passengers, or a failure to provide assistance. None of that should be happening; it is completely and utterly unacceptable. To the point of my hon. Friend the Member for Aylesbury (Rob Butler), only 58% of taxis and 2% of private hire vehicles are wheelchair-accessible, which is in stark contrast to buses of which, thanks to the national bus strategy, 99% are accessible to disabled people, so that gap needs need to be filled.

As mentioned by my hon. Friend the Member for Bassetlaw, the Government’s 2018 inclusive transport strategy aimed to support the creation of an inclusive transport network and highlights the inconsistent application of the Equality Act 2010 to taxis. I am delighted that this Bill seeks to address that inconsistency by preventing taxi drivers from refusing a journey, by requiring drivers to assist disabled people, and by requiring local licensing authorities to maintain and publish a list of wheelchair-accessible taxis. The point made by my hon. Friend the Member for Darlington (Peter Gibson), backed up my right hon. and learned Friend the Member for Kenilworth and Southam, about transparency and having a register is important, and I hope the Minister is listening.

[Peter Gibson]

I am grateful to my hon. Friend for sharing those statistics. Just 58% of taxis being accessible to disabled users masks the fact that such vehicles are not evenly spread throughout the country. I imagine that many of them are based in here in London, and constituencies such as ours, some distance from London, do not have the requisite number of accessible vehicles. I also thank my hon. Friend for mentioning the register, which I raised earlier.

[Gareth Davies]

Again, I am grateful to my hon. Friend. It is worth highlighting my second statistic: 2% of private hire vehicles are wheelchair-accessible. In a rural area such as Lincolnshire, where I am from, we do not have that many taxis—London has the bulk of them, as my hon. Friend points out—so 2% is an astonishing and, frankly, disturbing figure. That highlights why it is so important that my right hon. and learned Friend the Member for Kenilworth and Southam has brought this Bill to the Chamber today.

This Bill, this initiative and, indeed, this debate with its many contributions from Conservative Members will be met with great appreciation in my constituency. I pay tribute to the Grantham Disabled Children’s Society, run by the incredible Darryl Blair and his team of volunteers, who do so much for disabled children in Grantham. I have spent a lot of time with the organisation, and Darryl in particular, and it does fantastic work to make the lives of disabled children across Lincolnshire a lot easier. He will welcome my right hon. and learned Friend’s efforts today.

If the House will indulge me, based on conversations with Darryl and the Grantham Disabled Children’s Society I will touch on two important related issues facing disabled people in Grantham and Stamford that are close to my heart. First, while we are talking about taxis today, some disabled people—about 4.2% of the population according statistics I have read—hold a blue badge pass, but many report growing issues with non-passholders incorrectly using disabled parking spaces at petrol stations, supermarkets and other venues or, unbelievably, just abusing them, which I have seen happen on countless occasions. Of course, I appreciate that not all disabilities are visible, but Government statistics show that blue badge theft and misuse is a real problem. In 2021, 4,396 badges were stolen, and the most common reason for prosecution for the misuse of blue badges was when someone uses somebody else’s badge following some undetermined action.



Even if disabled people can get around, my second point is that when they get somewhere, there are insufficient places for changing and bathroom facilities. I have spent a lot of time looking at changing places, and I was shocked to learn that in my constituency and across Lincolnshire we have very few changing place facilities for disabled people. I support our local district council in its wish, and the bid it has put in to the Government, to put in place a changing place facility in each of the three towns I represent, Grantham, Bourne and Stamford.

It is right that we debate this subject and that we put on record our thanks to our taxi drivers across our constituencies, while also recognising that much more needs to be done to level the playing field for disabled people. This is an incredibly important Bill, which has my full support and, I am pleased to say, the support of many across the House. The Government have an important role to play in levelling the playing field; I appreciate all the efforts they have made, but we should never be complacent.

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[Peter Gibson (Darlington) (Con)]

It is a pleasure to follow my hon. Friend the Member for Aylesbury (Rob Butler). I congratulate my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright) on bringing forward this Bill. I commend him for expertly guiding this legislation through Committee stage to today’s Third Reading.

The topic of the Bill is close to my heart. I was privileged to guide through the House my own private Member’s Bill on taxi and private hire vehicles during this Session, and it is a privilege to be able to be here today to assist my right hon. and learned Friend with his Bill in its final stages. From my own experience, I know what a hugely rewarding process a private Member’s Bill can be, particularly when it stands a real chance of becoming law, but it is also a challenging experience and I congratulate him on reaching this stage.

It would be remiss of me not to mention my noble Friend Lord Borwick, who is ably guiding my Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Bill as it continues its legislative journey. Throughout his career, Lord Borwick has done extensive work to make taxis accessible to disabled people. In his time as the chief executive and a shareholder in Manganese Bronze Holdings plc, the company manufactured, distributed and financed the traditional London taxi and developed the first mobile phone hailing system in the world, which went on to become the first wheelchair-accessible public transport system. He went on to be chairman of the company that adopted the Mercedes Vito to make a wheelchair-accessible London taxi, which was undoubtedly a significant contribution to making taxis and private hire vehicles accessible to disabled people.

It would also be remiss of me not to mention the good work of the all-party parliamentary group on taxis. We have heard in this debate from the hon. Member for Cambridge (Daniel Zeichner), who has done extensive work in respect of taxis. I welcome the APPG’s engagement with me on my Bill, and I am sure that it has been assisting my right hon. and learned Friend with his.

There are more than 14 million people in the UK with a disability. For many of them, taxi and private hire vehicles are a vital and sometimes the only means of transport, allowing them to access the daily freedoms that many of us take for granted. Indeed, I understand that research has been carried out by the Disabled Persons Transport Advisory Committee, which found that the households of 60% of disabled people had no car, compared with 27% for the overall population. Moreover, 50% of respondents said that inaccessible transport had restricted their choice of jobs, rising to 62% for wheelchair users and 86% for those with a visual impairment.

As a society, we should not accept such figures. It is hugely important that drivers of taxi and private hire vehicles are willing to offer the extra help required to make a disabled person’s journey manageable and ensure that they are not denied opportunities because of something that is entirely outside their control. That reality has been impressed on me by Gordon Pybus, who is the chair of Darlington Association on Disability, an organisation in my constituency that is led by disabled people who are taking a leading role in changing the negative attitudes that prevent disabled people from participating fully as equal citizens. I know that he and the association warmly welcome this Bill as an important step forward for disabled people.

In proceedings on my own Bill in the other place, moving speeches were made by Baroness Brinton, as I mentioned in an earlier intervention, and Lord Holmes of Richmond about their difficulties as disabled people using taxis. I am pleased that the Bill will address some of the issues that they raised. We have a proud history in this country of legislating to put in place protections for disabled people. The Equality Act 2010 was undoubtedly a huge step forward, providing specific protections for those who use wheelchairs and those with assistance dogs.

We can always do more, however. The overwhelming majority of our taxi and private hire vehicle drivers are good, decent, hard-working people, and they would go out of their way to support their disabled passengers, but a small minority still refuse to carry disabled passengers, refuse to take their bookings or do not make available the assistance that disabled people need to use their services. I welcome the fact that the Bill seeks to right this wrong and broaden the measures in the Equality Act to address the discrimination that many disabled passengers still face.

The Bill will achieve that by amending the Equality Act, specifically the sections relating to the carriage of disabled persons by taxi and private hire vehicles. The Bill is designed to address the inconsistencies in the Act while expanding the protections afforded to wheelchair and assistance dog users to cover all disabled people, no matter the vehicle in which they travel.

The Act rightly requires the driver of designated wheelchair-accessible vehicles and private hire vehicles to carry wheelchair-using passengers at no extra charge. That duty does not, however, currently extend to carrying passengers who could transfer from a wheelchair into a non-wheelchair-accessible vehicle while their wheelchair is folded and stored for the journey. It also excludes from any protection when travelling in a taxi or private hire vehicle all other disabled passengers who do not use a wheelchair.

I am pleased that the Bill will right that oversight to ensure that drivers of taxis and private hire vehicles do not refuse carriage to a disabled person who could reasonably travel in that vehicle with no extra charge, and that drivers make every effort to make sure the disabled person feels comfortable and safe while travelling, among other related duties. Those are very reasonable and simple requests to make of drivers of taxis and private hire vehicles. We would not expect a taxi driver to refuse to transport a mother and child with a pushchair, but sadly, as we heard from my hon Friend the Member for Rutland and Melton (Alicia Kearns), that does happen. That is simply not acceptable in 21st-century Britain.

The Bill will require drivers to carry more than one wheelchair on any one journey except under certain circumstances. It will also ensure that there are protections for drivers who could not reasonably have known that the passenger was disabled and/or required mobility assistance. The vast majority of taxis and private hire vehicles already seek to ensure that disabled customers are able to travel in comfort and have the support they need. It is likely that many already abide by those measures, but I am pleased that the Bill will ensure that those basic expectations are set out in law and will better protect our disabled citizens.

It is right that offences arising from failure to comply with the duties the Bill establishes will be punishable by fines comparable to those for offences already in law under the Equality Act. The Bill puts in place clear deterrents for those who would seek to discriminate against disabled persons.

The Bill also deals with another issue, arising from pre-booked journeys. It is currently an offence to refuse to carry, or to make additional charges for a disabled person travelling with an assistance dog, but not to refuse bookings. The Bill rightly creates new offences where an operator fails or refuses to accept a booking from a disabled person because of their disability, or charges extra for fulfilling any of the duties placed on it to facilitate a disabled person’s journey.

We must not forget that some taxi and private hire vehicle drivers face disabilities or impairments themselves. It is right that the Equality Act provides for exemption certificates for such drivers from duties under the Act. However, the current exemption provisions are very broad, even exempting drivers with such a certificate from the measures preventing drivers from making additional charges. I am pleased that the Bill amends the operation of those certificates so that a driver with a certificate will be exempt only from mobility assistance duties; other duties, such as to carry the passenger and not to propose additional charges, will still apply to exempted drivers.

My own Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Bill seeks to resolve a number of issues with licensing. I am pleased that this Bill will complement mine, and that it seeks to right another issue with the licensing system. Current legislation provides only that local licensing authorities may maintain a list of wheelchair-accessible taxis and private hire vehicles, and only 70% of licensing authorities do so. Only drivers designated on those lists are subject to the provisions of the Equality Act, meaning that drivers in areas without a list have been able to continue to discriminate against disabled passengers, even if their vehicle is wheelchair accessible. That is not acceptable, and I am pleased that the Bill will build on other reforms to the licensing system to require all local licensing authorities to maintain and publish such a list.

In the light of my own Bill, I ask the Minister if the Government have considered whether a central database of wheelchair-accessible vehicles might be a prudent move. In Darlington, we face a shortage of available taxis, in large part due to a shortage of drivers, but wheelchair-accessible vehicles for our disabled community are even more scarce. Ensuring the availability of accessible vehicles for disabled people in Darlington remains a problem.

For the last 10 years of her life, my mother was wheelchair bound as a result of a massive stroke that rendered her unable to walk and dependent on the care of others for the most basic needs. On a number of occasions, it was necessary for mum to rely on taxi transport. I am pleased to report that in every one of those instances, mum received the care and attention entirely appropriate for her situation. To my mind, it passed the “mum test”—that is, it was good enough for my own mother. I believe that the measures in this Bill promoted by my right hon. and learned Friend the Member for Kenilworth and Southam will help to enshrine the mum test in law for all of our disabled constituents.