Taxis and Private Hire Vehicles (Disabled Persons) Bill

Sally-Ann Hart Excerpts

2nd reading
Friday 14th January 2022 Commons Chamber

[Sally-Ann Hart (Hastings and Rye) (Con)]

I welcome this Bill, which has been brought forward by my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright).

The Bill is to make provision relating to the carrying of disabled persons by taxis and private hire vehicles and would improve access to private transport for disabled people. It will amend sections of the Equality Act 2010 relating to the carriage of disabled people by taxi and private hire vehicles. It aims to address inconsistencies within current legislation and expand the protections currently afforded to wheelchair and assistance dog users to all disabled people, regardless of the vehicle in which they travel.

The Bill will oblige taxi and PHV drivers to accept passengers with a wide range of disabilities who could reasonably travel in that vehicle and stop them from charging extra, or failing to provide reasonable assistance without good reason not to do so. Drivers must make every effort to ensure that the disabled passenger feels comfortable and safe while travelling. This will be beneficial not only to service users but to the wider industry. The Bill will ensure that the hard-working, honest and compassionate taxi and private hire vehicle drivers do not have their reputations tarnished by the small number who do not respect their role as professional drivers. That terminology was used by my hon. Friend the Member for Darlington (Peter Gibson) in his Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Bill.

[Jo Gideon (Stoke-on-Trent Central) (Con)]

My hon. Friend has just acknowledged that the vast majority of taxi drivers and private hire operators are complying and wanting to do the best thing, and I think we would all acknowledge the fantastic support that they provided during the pandemic, for instance. However, they need to be helped to understand what extra facilities they need to provide. Does she agree that the current shortages of taxis and private hire vehicles up and down the country must not be exacerbated by the imposition of onerous requirements? The requirements must be proportionate and we must encourage more people to be disability aware.

[Sally-Ann Hart]

I thank my hon. Friend for raising that issue. The Bill does not request every taxi or private hire vehicle driver to make provision for wheelchair access or other such access for disabled users. It contains measures on those people who do provide such access and are known to do so. That is the important thing. I agree with my hon. Friend: I have some excellent taxi and private hire vehicle drivers in my constituency. I want to highlight in particular all the work undertaken by Chris Vale and his team, including voluntary work, during the lockdowns to help our local communities with food parcels and so forth.

Taxis and wheelchair-accessible private hire vehicles are a vital source of transport for many mobility-impaired and other disabled people, in both urban and rural areas. Disabled people make twice as many journeys in taxis and private hire vehicles each year as non-disabled people, but, as we have heard today, many continue to report discriminatory behaviour on the part of drivers, including outright refusal of service, overcharging, and a failure to provide assistance to enable them to board and travel in reasonable comfort and safety.

Although the Equality Act 2010 provides disabled people with some protection, it applies inconsistently and only with respect to certain disabilities. Currently, in some areas—mainly larger cities—licensed taxis have to be wheelchair accessible. In London, for example, all black cabs are wheelchair accessible. Section 165 of the Equality Act obliges drivers of wheelchair taxis and private hire vehicles to carry wheelchair users, and to provide assistance without an additional charge. Drivers of taxis and designated wheelchair-accessible private hire vehicles have various legal duties; non-compliant drivers are liable to prosecution and fines of up to £1,000, and the driver’s fitness to continue to hold a licence may be reviewed.

There are legal rights for wheelchair users and owners of assistance dogs to use taxis and private hire vehicles. As others have pointed out, many drivers are extremely helpful, but we hear too many stories of disabled people being denied transport or assistance, or being charged extra for their journeys. The Government have said that they support the creation of an inclusive transport network by 2030, enabling disabled people to travel to work or at their leisure easily, confidently, and without additional cost.

[Siobhan Baillie (Stroud) (Con)]

Taxi drivers in Stroud sit outside my office, and they are always quick with a wave and a smile. I do not think they realise how much that makes my day.

Taxi drivers across the Stroud district are genuinely valued, needed and relied on by many people. We have to look at the many barriers that cause problems for them and their customers. Does my hon. Friend agree that, when councils think about closing roads and pedestrianising areas, they should think a little more carefully about the customers who need these taxi services? As we have heard, disabled passengers are prevented from travelling or are having to pay increased fares if councils do not think things through.

[Sally-Ann Hart]

My hon. Friend makes a valid point. When councils are pedestrianising roads, creating shared spaces or whatever else, we should urge them to ensure measures and safeguards are put in place for taxis and private hire vehicles to access those pedestrianised places so that disabled people are not put at risk.

An inclusive transport network is part of the Government’s broader effort to close the 30% employment gap between disabled and non-disabled people of working age. The Government’s existing inclusive transport strategy highlights the inconsistent application of the Equality Act in the duty placed on taxi and PHV drivers, and the Government’s 2021 national disability strategy commits to introducing legislation to strengthen the law on the carriage of disabled people in taxis and private hire vehicles to ensure both protection from overcharging and the provision of appropriate assistance, regardless of the service they choose to use.

This national disability strategy includes a host of initiatives to provide improvements for disabled passengers, such as an accessibility audit for all railway stations, clearer audible and visual announcements on buses, the introduction of legislation for taxis and private hire vehicles, and £1 million to improve access to seaports. I understand the Government partnered with Scope to develop a charter for disabled passengers that will help boost confidence across our road and rail networks, and to produce a practical guide that pulls together disabled passengers’ rights so they understand how they can get from A to B with the dignity and ease they deserve.

Scope research indicates that passengers often encounter a vast number of documents concerning their rights, and these documents can be unclear. Working on this feedback, the charter will bring together existing information for passengers, focusing it into one coherent and easy-to-use format. Once the disabled passengers’ charter is complete, it will be published online to create an all-inclusive facility for passenger rights and complaints procedures. I presume it will include rights in relation to taxis and private hire vehicles.

Taxis and private hire vehicles, along with public transport, should be accessible for everyone, and the charter will help disabled passengers to better understand their rights and the standards they should expect across the network, and how to hold providers to account when their travel goes wrong.

Section 167 of the Equality Act provides only that local licensing authorities may “maintain a list” of wheelchair-accessible taxis and PHVs. However, only 70% of local licensing authorities have done so. This means that drivers in areas without a list have been able to continue discriminating against disabled passengers even if their vehicle is technically wheelchair accessible. To address this, the Bill will require local licensing authorities to maintain and publish such a list, and proposed new section 167A creates new offences where a private hire vehicle operator fails or refuses to accept a booking from a disabled person because of their disability, or where they charge extra for fulfilling any of the disability-related duties specified in the Equality Act.

[Katherine Fletcher]

I thank my—[Interruption.] Oh, I have just stabbed myself with my glasses. Another winning contribution to Hansard.

My hon. Friend is making a much more erudite and technical examination of the legislation than I am capable of producing now. It occurred to me how important it is to personalise the Bill for the individuals involved. A good friend of mine, who had the unfortunate duty of teaching me how to snowboard, had an unfortunate incident and ended up on the British Paralympian sit ski team. Her freedom is her fabulous hand-driven car. If that car is in for a service, however, a refusal from a taxi firm to accommodate her and the needs of her two young children can put her in a pickle, even though she has competed for the country. My hon. Friend is being much cleverer than I am, but does she agree that although the Bill can sound dry and technical, the technical is important for valued people such as my pal?

[Sally-Ann Hart]

My hon. Friend raises a valid point. I am talking about the legal technicalities, but essentially the Bill is about people who are vulnerable and in need, and about taxis and private hire vehicles being compassionate and providing them with the right services. She is right that it is about people—what is politics about if not people?

The Government are committed to transforming the transport network, including for taxis and private hire vehicles, to make it more inclusive and to bring in easier travel for disabled people. The first evaluation report of progress against their inclusive transport strategy was published recently, on 10 January, and it incorporates evidence provided by disabled people on their transport experiences. That important report will help to put future changes in place to create a fairer system for everyone. That is why the Bill, brought forward by my right hon. and learned Friend the Member for Kenilworth and Southam, deserves our wholehearted support.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call Chris Loder. [Hon Members: “Shaun Bailey.”] Oh, I do beg the hon. Gentleman’s pardon. Now that he has taken his mask off, I can see who he is. I was incredibly confused because the other hon. Gentleman, who I mentioned, had asked to speak but appears not to be here, whereas the hon. Gentleman who does wish to speak had not given me notice, but he does not have to. He is more than welcome to speak now.