Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Bill (First sitting)

Debate between Sam Tarry and Peter Gibson

Wednesday 3rd November 2021 Public Bill Committees

[The Parliamentary Under-Secretary of State for Transport (Trudy Harrison)]

I congratulate my hon. Friend the Member for Darlington on his success in promoting his private Member’s Bill. It brings our attention to an important issue: how the licensing authorities can best share information to ensure that the minority of individuals who would seek to cause harm can be prevented from obtaining a taxi or private hire vehicle driver’s licence.

As the Bill does not change the decision-making process of the licensing authorities, the amendment is an unnecessary clarification of what we mean by road safety. Clause 1 seeks to clarify which decisions by an authority to suspend, refuse or revoke a taxi or private hire vehicle driver’s licence should be recorded on a database. For those purposes, the broad description of road safety that is in use already would seem sufficient, as all decisions made in relation to road safety should be available for authorities to review when making their decisions.

Those authorities are of course still able to grant a new licence to a driver who has a record on the database. They are not bound by the previous decision, or by the fact that that is held on the database. The guidance that the Government will produce, should the Bill make it to the statute book, would clarify the terms in more detail for the licensing authorities, so that they are clear what decisions relating to road safety and other relevant information should be recorded on the database. For those reasons, the Government will resist the amendment.

[Peter Gibson (Darlington) (Con)]

It is a pleasure to serve under your chairmanship, Ms Bardell.

Clause 1 defines “Relevant information”. That definition is important because it is used throughout the Bill to trigger when there is a duty on a licensing authority to record instances of a suspension, refusal or revocation of a driver’s licence on the database, or to report concerns about drivers licensed in other areas. Those duties apply only when the licensing decision relies wholly or in part on the concerns related to relevant information.

Licensing authorities are required to carry out an assessment of whether a driver is fit and proper to hold a driver’s licence and to ensure that remains the case for the duration of the licence. Legislation already enables them to take a view of whether a driver is a risk to road safety. Licensing authorities are experienced at taking decisions on what poses a threat to road safety and know that they must justify those decisions. Existing checks and balances ensure that licensing authorities’ decisions can be contested, including the ability to challenge an authority’s assessment of any risk to road safety.

The Bill does not seek to change or influence the decision making of licensing authorities, and nor does it change the right of a driver to contest a decision; it is simply focused on ensuring passenger safety. The Bill includes provisions for the Secretary of State to issue guidance for licensing authorities, which I am sure could be used to provide further guidance on the matter.

Following my explanation and that of the Minister, I hope that the hon. Member for Ilford South will feel able to withdraw his amendment.

[Sam Tarry]

The purpose of the amendment is to ensure consistency across the country. The GMB, the LTDA and other representatives of the various minicab and private hire drivers across the country are keen to see the Bill go through. I know from our discussions that they want to have that ability in order to be certain that they would not be penalised in one area that was in any way different from the DVLA. I am also conscious that the Bill has been brought before the House many times, in different guises, and I am keen that we get as much Government support for it as possible. The Bill can move forward on a cross-party basis, so that it gets through and makes the changes that need to happen—many are contained in the Bill. It would make a real difference. On that basis, I will not press the amendment.