Pedicabs (London) Bill [Lords]

Baroness Winterton of Doncaster Excerpts

2nd reading
Wednesday 28th February 2024 Commons Chamber

[Sir Christopher Chope]

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”—

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I remind the hon. Gentleman that speeches on Second Reading should not go into huge detail about the various clauses, because that is obviously for Committee. I am sure that he will return to the wider issues.

[Sir Christopher Chope]

Madam Deputy Speaker, I take your point completely, but this is not a situation where the Bill will go into Committee upstairs, the Committee will start with a couple of evidence sessions with people who are interested in the Bill, and members of the Committee will look at it. This is a situation where the Government have on the Order Paper a motion that all the remaining stages should be dealt with in three hours. There is no indication as to how much time there will be between now and the time that those stages are timetabled for this House. Therefore, I thought it would be helpful if I flagged up in advance some of my concerns about this Bill, to which I am referring in this Second Reading speech. As you know, Madam Deputy Speaker, a Second Reading speech can extend to things that are not included in the Bill, which is why I am referring to things that could be included in the Bill but which are not currently included—that is my intent.

[Madam Deputy Speaker]

That is extremely helpful. The hon. Gentleman is very experienced and is on the Panel of Chairs, and he understands a lot about procedure. Although he is flagging up issues, too much detail about the clauses would be inappropriate, but I am sure he is coming back to his main points. I just remind him that I have two other speakers to get in.

[Sir Christopher Chope]

Fortunately, because there has not been much Government business today, we have a reasonable period of time for discussing the Bill.

To summarise the point I was seeking to make, Cycling UK says that the Bill grants powers for TfL to make regulations to limit this, that and the other, but there is no power to require TfL to provide places where pedicabs can have stands. Again, that seems to be rather asymmetrical or illiberal.

My final point is about the concern that Cycling UK expresses about the need for consistency between civil offences relating to the use of pedicabs and motor vehicles. Cycling UK refers specifically to clause 3(5)(a). I will not refer to that in detail, taking your advice, Madam Deputy Speaker, but I think there is sufficient meat in this Bill for us to have a very lively discussion in Committee and on Report. However, I hope that in advance of that, we will get a clearer view from the Government, and particularly from the Minister, about whether it is essentially their intent to stand by idly while giving powers to Transport for London, which does not exactly have a good record on all this, to exercise what the Government hope will be its good intent to facilitate a high-quality pedicab regime in London. We know jolly well that quite a lot of the people who are concerned about pedicabs in the city stop short of actually banning them altogether or introducing regulation that would have exactly the same effect.

--- Later in debate ---

[Kit Malthouse (North West Hampshire) (Con)]

Some years ago, as I emerged from one of the watering holes in Soho that I used to frequent before the children came along, I happened upon a scene where an inebriated individual was standing in front of a pedicab, swaying backwards and forwards. As I passed, I heard him say to the pedicab driver, “How much to Guildford, mate?”, at which point there was an exchange that I did not overhear. The man got into the pedicab, and off it went. I have no idea what happened to that poor chap or whether he made it to Guildford in the pedicab from the fringes of Leicester Square, but I doubt it.

It occurred to me after the event that what probably happened, as we have heard from other Members, was effectively a sort of mugging. This chap, in his relaxed state, was likely to have been relieved of quite a lot of money for a service that he had stumbled into in his confusion, probably with a sense of good humour, adventure or desperation to get home. It struck me that we really needed to do something about the pedicab system in central London.

I do not want to detain the House too long. I feel like an SNP Member commenting on legislation that affects only England in that, like my hon. Friend the Member for Christchurch (Sir Christopher Chope), there are no pedicabs in my constituency, although I look forward to his amendment on Report that would allow the relaxation of licensing so that pedicabs can emerge in Bournemouth and Christchurch. I am sure that campaign will feature on his election leaflets come the big day later this year.

Notwithstanding my imposing on the debate, I have antecedence in London as a Westminster councillor and a deputy Mayor for eight years. I support this Bill for four reasons. First, I regard myself as an economic liberal. I think we should avoid as much regulation as possible to allow the private sector to flourish and, frankly, to allow grown adults to freely enter into contracts between themselves. However, more important to me is that, in any industry or economic area, there should be a level playing field. We have to accept that these vehicles operate in London by dint of a strange loophole in rather ancient legislation.

When Airbnb arrived in London in a big way, all the hotels, which were very heavily regulated and had significant insurance and maintenance costs, were right to complain that an unregulated competitor was entering the market and that the Government had to take a decision. “Either you regulate Airbnb the same as us or you regulate none of us and allow us all to compete fairly.” That notion of a level playing field is key.

When I was at City Hall, I supported the arrival in London of Uber and other related taxi services on the basis that there should be a level playing field with the black cab service. I felt that if there were not a level playing field, black cabs should have some privileges that Uber and others did not have. The job of the Government or the regulatory authority is to balance those rights, privileges and regulations to make sure that all competition is fair. At the moment, as a number of Members have said, it is not fair that pedicabs are not regulated in the same way as other cabs.

Secondly, although many of us love and cherish the slight chaos of the centre of our capital city, it requires order from time to time. In particular, it requires order on the streets. Anyone who drives in London on a regular basis will know that it is hazardous at the best of times, not least because the growth in cycling and the fact we now have to drive at 20 mph mean there is a lot of overtaking and chaotic behaviour. Motorists have to keep their eyes peeled at all times for people suddenly swerving across the road, very often taking their life in their hands.

We need a sense of order, particularly in the densely built centre of town, and it strikes me that these pedicabs do not contribute to a sense of order. Having had close shaves with a couple of pedicabs over the years, I can say that they are often dangerously driven and badly parked. They block the roads and pavements, which, as my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) said, causes problems for emergency vehicles that need access to pedestrianised areas. We need a sense of order, and this Bill will achieve that.

Thirdly, successful city centres—and London is a particularly successful city centre—do not happen by accident. They happen because they are curated. When I was a Westminster councillor at City Hall, we were very careful to preserve the ability of residents to live in central London and to ensure that the west end in particular should be a mixed residential and commercial area. That was key to its success, and if there is a sense of nuisance, which many pedicabs are—will have heard about the music and the lights and all the rest of it—that will be just another straw breaking the camel’s back to drive the residents out of central London. If we want the west end to stay vibrant and successful—the powerhouse, frankly, of the economy that it is—we cannot allow it to turn into the City, where there are no residents and it is dead after 9 o’clock and there is no one there at the weekends. That is just not the way to curate a city centre.

Curating a city centre is an art as much as a science, and the municipal authorities have an obligation to allow a certain amount of chaos and scruff. I have lamented the municipal Domestos, for example, that has been poured over Spitalfields by the City Corporation. It has destroyed that asset for the City and it is now just another dull shopping centre filled with chains. I look to companies such as Soho Estates, which is a great custodian of the area around Soho Square; it carefully curates who occupies its properties in order to maintain both the reputation and the character of Soho as a slightly louche, shall we say, part of the capital, which all of us have enjoyed from time to time, mostly in our youth. That curation requires tools with which we can control some activities, and that includes pedicabs.

The fourth reason I support the legislation is the issue of crime. There is, unfortunately, a litany of stories of crimes being committed by people operating these cabs, whether ripping off tourists, putting passengers in danger or using their pedicabs to run drugs. They are not unrelated to the criminal fraternity and we need to be able to root out those people and have the control to remove them, because in the end this is all about making money, and if we remove them and leave space for the reputable operators, we will have a much better sense of safety for the public in central London.

I acknowledge the hesitancy of my hon. Friend the Member for Christchurch about regulation, and in normal circumstances would share it, but we must bear in mind the notion of a level playing field and of a service that operates within the capital that is reputable around the world and does not feature on social media for tourists in other countries as one of the rip-offs they must avoid—a bit like how so many Italian cities are now advertised on social media as infested with pickpockets. We have to think about the reputation of our city internationally and indeed its impact nationally. That is why I am very keen to support this legislation and have been a long-standing supporter of this step since my time at City Hall.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call shadow Minister.