Taxis and Private Hire Vehicles

Richard Burden Excerpts

Tuesday 29th April 2014 Westminster Hall

[Richard Burden (Birmingham, Northfield) (Lab)]

It is a pleasure, Mr Chope, to serve under your chairmanship again. I congratulate my hon. Friend the Member for Easington (Grahame M. Morris) on securing this important debate and other hon. Members—I counted 12—on their excellent contributions. They covered different aspects of the issue, but were united in asking why it has come forward at this time and in this way.

As my hon. Friend the Member for Wansbeck (Ian Lavery) said, we must recognise that taxis and private hire vehicles are a critical but often overlooked public service. They are vital to enable people to get from A to B early in the morning and absolutely vital late at night. They are often the only form of transport available in remote areas for people who cannot afford to run their own car. That is why it is so important that regulations covering the sector are based on the needs of passengers and why the bodies responsible for enforcing the regulations must do that with passenger safety and effectiveness in mind.

It is widely accepted, including by the Transport Committee’s comprehensive report into the sector in 2011, that the current legislation is outdated and needs reform. As this debate has shown, regulations governing taxis and private hire vehicles are complex and often contentious, so one hopes that the Department for Transport will approach reform in an inclusive, comprehensive and balanced way. As hon. Members have said—I highlight the contributions from my hon. Friend the Member for Bolton West (Julie Hilling) and the hon. Member for Gillingham and Rainham (Rehman Chishti)—this reform is not being carried out in that balanced and comprehensive way.

Speeches and interventions today have revealed the grave problems resulting from the attempt to sort the situation out with last-minute amendments to the Deregulation Bill. That has undermined confidence in the previous reform process—the Law Commission’s investigation. There is serious anger and concern from various stakeholders who have felt ignored or marginalised in the process. As my hon. Friend the Member for Easington explained, the Government’s guidance on consultations stresses the importance of adequate time, engagement and transparency with key stakeholders in policy making. However, in this case and despite the fact that, as the Minister said, the Law Commission was already consulting before introducing these proposals, Ministers decided that informal consultation based on piecemeal reforms would be enough and that it would take 10 days—eight working days.

I hope the Minister is aware of the views of a host of organisations that have expressed concern: the National Private Hire Association, Unite, which is my union and that of other hon. Members here, the GMB, the RMT, the National Association of Licensing and Enforcement Officers, the Licensed Private Hire Car Association, the National Taxi Association and the Local Government Association. They are not just one set of interest groups; they represent a crescendo of concern.

The Local Government Association said:

“Changes to regulations should be considered in the context of the legislation as a whole, rather than in piecemeal fashion...The failure to discuss these proposals with councils…significantly reduces the opportunity for councils to provide constructive input on the feasibility of the proposals and their potential impact.”

I will echo what my hon. Friends have asked. Given that Government guidelines say that up to 12 weeks is necessary for adequate consultation, why does the Minister believe that 10 days is adequate in this case? Why was it not made clear to stakeholders involved in the informal consultation that these measures were intended for inclusion in the Deregulation Bill? It would be helpful if the Minister clarified why the measures were not initially proposed on Second Reading of the Bill. Was there a specific reason, or was it to minimise parliamentary scrutiny and opposition?

My hon. Friends have made points about the impact of the proposals. First, changing who is eligible to drive a private hire vehicle risks increasing the number of unlicensed drivers pretending to be legitimate. We have heard from hon. Members today about the real safety risks that could accompany that. At the moment, we at least have the safeguard that only licensed drivers can drive PHVs, but the Government propose to remove that without giving councils additional enforcement powers. Currently, licensing officers have no power to stop moving vehicles, to prevent drivers from driving off or even to request a driver to reveal their identity.

The Minister will probably say, “Don’t worry. It works in London, in the capital.” As has been made clear, the situation in London is different. Since responsibility moved to Transport for London, I understand that on-street enforcement is conducted with a police presence, or the police are called on to act when necessary. We simply cannot assume that that would be the case elsewhere. As my hon. Friend the Member for Coventry South (Mr Cunningham) said, the health and safety consequences are very real indeed. It is simply not good enough for the Government continually to dismiss these widespread concerns. When will the Minister recognise that additional enforcement powers are necessary if he is going down this road? If he recognises that, what should they be?

Secondly, changing licensing terms will make it even harder to monitor and take action against non-compliant drivers of taxis and private hire vehicles. The vast majority of drivers are excellent, and—pardon the pun—will go the extra mile for their passengers, but we know that things sometimes go wrong. If we need more reminders of that, we can do no better than to remember the story from my hon. Friend the Member for Bolton West about the 16-year-old in her constituency. If the Government introduce the proposed requirements, how will they ensure that they are effectively policed and monitored?

The Government propose to implement an extremely contentious policy to enable some subcontracting by PHV operators across different licensing districts. We have been told today by my hon. Friends the Members for Wigan (Lisa Nandy), for Middlesbrough South and East Cleveland (Tom Blenkinsop) and for Middlesbrough (Andy McDonald) about some of the problems that may arise, particularly in respect of people with disabilities. When will the Minister accept that the drafting of the clause is completely inadequate if we are to make cross-border hire work effective?

[Grahame M. Morris]

My hon. Friend raises an interesting point that I did not cover properly. Does he share my concern that, far from increasing employment opportunities, as has been suggested, the contracting-out clause, which is the most damaging, is likely to dilute and drive down earnings if drivers are subcontracted in from neighbouring areas at a lower rate? That would be bad for the taxi drivers as well.

[Richard Burden]

I am sure it would be bad for taxi and PHV drivers. The key point that the Minister must address is how the system will be policed. If we know that local authorities already have inadequate control and powers for effective policing, how can an extension of cross-border work be policed effectively?

In the light of strong and widely held concern about enforcement, the Law Commission’s July 2013 interim statement recommended that, if reforms are to be implemented, they must be underpinned by tougher powers for licensing officers, such as the ability to stop licensed vehicles, to impound PHVs and to issue fixed penalties. Those powers, if they are to work, would need to apply in respect of out-of-area vehicles to ensure that cross-border hire can be implemented safely, too. Why, therefore, have the Government not listened to the Law Commission? As the Government have said, it has had an extensive consultation process on a complex issue, including more than 3,000 written responses from across the trade, a four-month series of 84 meetings and an industry survey.

As Frances Patterson QC, the law commissioner responsible for the review, said:

“The legal framework governing the taxi and private hire trades is complex and inconsistent. The purpose of our review is to improve and simplify it, and ensure it is fit for purpose.”

Amen to that, but if Ministers are determined to plough ahead with reforms before the Law Commission has reported, was the review that they commissioned just a complete waste of time and taxpayers’ money? After continuous delays, the Law Commission’s final report and draft Bill were finally expected—we were told—in April. We now know that they will come in May, after the local and European elections, it seems—presumably because the issue is so sensitive. Is that not clear proof that the Government’s proposals are far too controversial and complex for the paltry 10-day consultation that they had in this case?

The Government are making the point—and will no doubt argue again today—that the reforms are about cutting red tape. However, as my hon. Friends and other hon. Members have made clear, far from cutting red tape, they could increase it. They will increase uncertainty and the potential danger to passengers. The Government state that the reforms will reap benefits for the trade. In light of the concerns I have raised, I want to ask the Minister this: if he really feels that, does he have a shred of evidence to back it up?

I am extremely grateful to my hon. Friend the Member for Easington for giving us the opportunity to debate these issues today; sadly, the Government have not provided the House with such an opportunity so far. They have tried to rush the proposals through without adequate parliamentary or public scrutiny, as today’s debate has made abundantly clear.

Taxis and private hire vehicles are important parts of our transport system, but as we have heard, the legislation regulating them is complex and contentious. It requires close collaboration with a wide range of stakeholders if it is going to be reformed effectively. The Government’s attempts at deregulation have not only been woefully inadequate in doing that, but, as I said, they have undermined the process that they established with the Law Commission investigation. The result is a set of piecemeal proposals so poorly thought through that they threaten public safety and are set to increase bureaucracy and litigation for the trade.

I urge the Minister to reconsider these rushed reforms. If he will not do that today—and I hope he will—I assure hon. Members that when the Deregulation Bill reaches Report, Labour will move to delete new clauses 8, 9 and 10. To do otherwise would represent a complete disregard not only of the taxi and private hire vehicle sector, but—perhaps even more importantly—of the interests of the public, who rely on the sector as an important means of public transport.

--- Later in debate ---

[Stephen Hammond]

I thank my hon. Friend for that intervention. He is absolutely right. The measures that we are introducing via the Deregulation Bill will apply in England outside London and Wales. They represent the first part of a longer journey towards a deregulated trade. As I said, my hon. Friend is right. I remember in the last Parliament arguing in this very Chamber that pedicabs should be regulated and the member of the Government saying that they should not be. Perhaps there has been a change of view on regulation. I see this as the first part of a journey that my hon. Friend is right to say is likely to take longer than the lifetime of this Parliament, because of the necessary review of the Law Commission report. Let me just state this on the record. I do expect there to be more comprehensive reforms. We have asked the Law Commission to undertake extensive consultation, and it has done that. I referred earlier to the more than 3,000 responses that there have been already. It is worth stating on the record that each of the measures that we propose we have already discussed in detail with the Law Commission.

[Richard Burden]

If I am reading the Minister correctly, he is saying, “Why hang around if there are simple things you can do now?” In that case, may I put to him one of the proposed changes, which is removal of the requirement for annual licensing? We know—we heard this from my hon. Friend the Member for Bolton West (Julie Hilling)—that a number of drivers do not always do what they should do, which is to report criminal convictions, bans and so on. The Institute of Licensing has said that if we move away from annual licensing and the licence period is

“extended to 3 years…a great many unsuitable and potentially dangerous persons would remain licensed for longer.”

That surely is not something simple and uncontentious. It requires rather more scrutiny than the Government are giving us today.

[Stephen Hammond]

The whole issue about people who choose to put their licence at risk is about enforcement. I will come on to that direct point in a moment, but I want to set out exactly what these three measures are designed to do. We want to work with private hire operators to help businesses to flourish and grow; we want to make life easier for passengers; and we certainly want to ensure that safety is at the forefront of all that is being done. Private hire operators have said that the existing restriction on sub-contracting such that people can subcontract only to operators based in the same district is frustrating for many of them and artificial. It means that often they have to tell passengers that they cannot take their booking.

Allowing private hire operators to subcontract to operators licensed in a different district is a simple change. It will have a huge impact on the ability of operators to meet passenger needs and to grow their businesses, and it should help to make the passenger’s experience much more convenient. In short, it is a liberating measure. It will allow the private hire trade to operate in the way that it sees fit, not just in the way that the current legislation dictates.

There has been some talk about accountability. It is absolutely clear that there is no compromise to the liability in respect of passengers. The Bill makes it absolutely clear that the onus is on the original operator, who accepts the booking and subsequently passes it on, to retain liability for the satisfactory completion of that journey. It is also clear there is a duty on the operator who takes the booking to keep a full record and to report the full record of that journey.

The second measure proposed in the amendments to the Deregulation Bill will save the private hire trade many thousands of pounds. At the moment, private hire vehicles can only ever be driven by a licensed private hire driver. That creates a substantial burden for the trade, as in many cases people have to buy a second car for family members to drive. That is an unacceptable restriction, particularly in the current economic climate. It came about only because of an unexpected interpretation of the law in a legal judgment back in 1997. At a stroke, that meant that thousands of families had to buy a second car in order to remain within the law. That is a burden too far and one that is ideal for reform using the Deregulation Bill. Therefore, we propose to change the law so that any person with the appropriate driver’s licence and insurance can drive a private hire vehicle when it is off-duty—when it is not in use in connection with a hiring for the purpose of carrying a passenger and not immediately available to an operator to carry out a booking. In that way, private hire vehicle owners and their families stand to make substantial savings.

There is a precedent for the change that we are introducing The judgment was made in 1997. Parliament took account of that judgment when framing the much newer legislation governing private hire vehicles in London. The Private Hire Vehicles (London) Act 1998 allows a person who does not hold a private hire driver’s licence to drive a licensed private hire vehicle while it is off duty.

Quite rightly, some concerns have been expressed about safety and the effective enforcement of the measure. That is why in the clause that introduces it, we introduce a reverse burden of proof. If a driver without a private hire vehicle driver’s licence is caught driving a private hire vehicle with a passenger, the clause puts the onus on that person to show that the vehicle was not being used as a hire vehicle at the time when it was being driven. That reverse burden of proof will make things substantially easier for enforcement officers and overcome a number of the concerns about enforcement that are being raised. Of course, in most cases, it will be abundantly clear in a matter of seconds that the passenger is in the vehicle as part of the general domestic use. It will also become apparent very quickly if the driver’s sole reason for being in the vehicle is to undertake private hire work. It seems absolutely reasonable to put the burden of proof on the driver to show that they are not driving for private hire purposes. That reverse burden of proof is significant and it enhances the enforcement powers. If people consider it carefully, they will see that that safeguard goes a long way towards meeting the concerns about safety and enforcement.

The third measure relates to taxi and private hire vehicle driver and operator licence durations. Again, there has been much talk about cost, but there are also savings. This measure will save about £9 million for the trade, as well as a great deal of administrative hassle. At present, the law allows local authorities to grant taxi and private hire vehicle driver’s licences for a maximum of three years. However, far too many authorities are opting for shorter periods. Therefore, three years will be the standard duration for all taxi and private hire vehicle drivers. That seems to me to be a perfectly sensible standard to move to.

I appreciate that some concerns have been expressed about adverse safety implications from allowing drivers to have a licence for three years. The safety of the general public is of course paramount. The licensing system, though, should be proportionate. It should recognise that where there is a requirement, there is also a cost. It is a question of striking a balance. As the hon. Member for Wansbeck said, 99.9% of drivers are safe and responsible. The licensing of those drivers should be proportionate.

I hope that in the few minutes available to me I have been able to demonstrate that the Government have considered the measures carefully. They are pragmatic amendments to the Deregulation Bill. They will allow substantial scrutiny in Committee and will reduce the burdens on the taxi and private hire trade. They are effective and safe steps along the longer deregulatory journey.