Taxis and Private Hire Vehicles (Disabled Persons) Bill

Simon Baynes Excerpts

3rd reading
Friday 18th March 2022 Commons Chamber

[Jeremy Wright]

I am grateful to the hon. Gentleman, who I know has shadow ministerial experience in this area. He is right: there is more to be done in relation to the taxis and private hire vehicles that we all use, not just those of us with disabilities. However, the Government have already taken steps in this area. I hope and expect that the Government will support this Bill, and I think there is more to come. I hope, for example, that my hon. Friend the Minister will say something about the training that taxi and private hire vehicle drivers ought to receive in order to ensure they have basic disability awareness that will help to reinforce some of the duties that this Bill seeks to set out. I do not think the hon. Gentleman should take our advocacy for this Bill as an indication that we believe this is all that needs to be done. Clearly, more does need to be done.

As I have already said, the duties in section 165 of the Equality Act only apply if a passenger is a wheelchair user and is accessing a designated wheelchair-accessible taxi or private hire vehicle. Those are two specific criteria that exclude many. This Bill would level the playing field for disabled people by creating new duties at section 164A for drivers to carry and reasonably assist any disabled person without charging extra. It would also place duties on drivers to carry a disabled person’s wheelchair and mobility aids and provide reasonable assistance. Those duties would therefore apply to a wheelchair user who intends to transfer to a passenger seat of a non-wheelchair-accessible vehicle and, beyond that, to any disabled person who is not a wheelchair user who wishes to access any taxi or private hire vehicle.

The objectives of this Bill would, of course, be diminished if a disabled person were prevented in practice from accessing the vehicle because they could not easily find it when it arrived. Therefore, the Bill would create new duties at section 165A for drivers to assist a disabled person to find and identify a hired vehicle. That would apply to any taxi or private hire vehicle and to any disabled person, provided that the driver is aware that the person requires assistance to identify or find the vehicle.

This Bill would also create new duties for private hire vehicle operators at proposed new section 167A of the Equality Act 2010 by creating offences for refusing or failing to accept a booking from a disabled person.

[Simon Baynes (Clwyd South) (Con)]

I very much commend the content of my right hon. and learned Friend’s Bill. For balance, does he agree that, while this Bill is vital, a great many people running taxi and private hire vehicles actually go out of their way to help disabled people? What we are doing is building on the generosity and kindness of that sector to further improve the service provided to disabled people across the country.

[Jeremy Wright]

I am grateful to my hon. Friend, who made that point with great force and clarity during the Bill’s previous proceedings, for which I am grateful. He is absolutely right: it is necessary to recognise that a huge amount of good work is already being done by taxi and private hire vehicle drivers. No part of this Bill’s provisions is designed to suggest otherwise but, as he will recognise, a minority of drivers and operators do not yet comply with the expectations that we would all have as legislators and, frankly, that the good taxi and private hire vehicle drivers he talks about would also expect as a basic provision for their disabled passengers and clients. It is no reflection on those who do a good job, particularly those who moved people around over the pandemic when they would otherwise have been unable to be moved. I hope my hon. Friend will be reassured that we are seeking to strike that important balance, and I will come on to talk about that.

Before I do, I will finish my earlier point about sections 165A and 167A, which provide rights and protections to ensure that disabled people are not, by default, prevented from benefiting from the rights and protections provided in sections 164A and 165. To reiterate an earlier point, the fundamental intention of this Bill is to ensure that the Equality Act 2010 works more comprehensively for the millions of disabled people in this country.

To come back to my hon. Friend’s point, the Bill must also work for taxi and private hire vehicle drivers, many of whom already do what this Bill will require of them. The Bill simply would not work if it did not consider the range of people and situations that it could have an impact on, from both a passenger and a provider perspective. I believe that the duties, offences, defences, and exemptions in this Bill effectively balance the rights and protections for disabled people with the reasonable duties on drivers, operators, and local licencing authorities.

For a driver to assist a disabled person to identify or find their vehicle, the driver must be made aware before the start of the passenger’s journey that the passenger requires assistance to identify or find that vehicle. In order to carry a passenger in safety and reasonable comfort, the driver must reasonably have known that the passenger was disabled. For a driver to carry a disabled person’s wheelchair or mobility aid, it must be possible and reasonable for the wheelchair or mobility aid to be carried in the vehicle. The House can be satisfied that where a driver has a genuine reason why they could not fulfil the duties specified in this Bill, the defences provided would be adequate to avoid their being penalised unfairly.

This Bill would also amend driver exemptions from duties under the Equality Act. Currently, drivers can apply for an exemption on medical grounds or grounds related to their physical condition, which exempt them from all the duties in section 165. This Bill would ensure drivers are exempt from the appropriate sections by expanding the exemptions to cover some of the duties that would also be applied in proposed new section 164A.

It would also amend the driver exemptions so that they apply only to the mobility assistance duties in proposed new sections 164A and 165, thereby directly closing a loophole that enables a driver issued with an exemption because they cannot provide mobility assistance, to accept the carriage of a wheelchair user none the less, but to then, in theory at least, charge them more than they would other passengers. That cannot be right or the purpose of the exemption.

It is, as I said, a daunting task to create legislation that impacts millions of people, but the provisions in this Bill intend to do just that, ensuring disabled people have rights and protections when accessing taxis or private hire vehicles that work practically and across a multitude of scenarios. The Bill has been developed with disabled people’s step-by-step use of taxis and private hire vehicles at its core, from the booking stage, to finding the vehicle, to accessing and travelling in that vehicle.

--- Later in debate ---

[Simon Baynes (Clwyd South) (Con)]

It gives me great pleasure to follow my hon. Friend the Member for Rutland and Melton (Alicia Kearns), who spoke with great eloquence, and to speak in this debate in support of my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright) and his Bill, which I supported in Committee on 9 February.

My right hon. and learned Friend made the point that there has been significant consultation on the Bill—not least by him, in person—and I think that adds great authority to what he has said and what we are considering today. He observed that the Bill will come into effect two months after it is passed, which is an exciting prospect: we are not talking about some Act of Parliament in the distant future, but about an imminent change. Therefore, it is all the more to be welcomed.

I thank the hon. Member for Sheffield, Brightside and Hillsborough (Gill Furniss) for her remarks and her support for the Bill. It is always much appreciated when there is consensus across the House for such a measure —albeit with a few reservations on her part, which is to be expected and is quite understood—and I am pleased that we can all unify in support of the excellent measures in the Bill.

I am keen, in expressing my support for the Bill, to highlight and recognise the fantastic service that many taxi and private hire vehicle drivers have provided. I covered this point in my intervention on my right hon. and learned Friend the Member for Kenilworth and Southam, but it is nowhere more applicable than in my constituency of Clwyd South, particularly in the rural areas. My hon. Friend the Member for Rutland and Melton spoke forcefully about rural areas, and I strongly support her point. My constituency contains urban areas but also a lot of rural areas, so I have seen for myself how important it is to have a taxi and private hire vehicle service to provide help to people, often in remote areas.

Taxis and private hire vehicles have been a lifeline for many disabled and vulnerable people, not least during the covid crisis. Despite that, the Bill is very necessary, and I am proud to support it. In practice, many operators of taxis and private hire vehicles in Clwyd South and elsewhere in the UK already go out of their way to facilitate travel for disabled people, so I suspect that implementing the Bill in full will not be as difficult as some might expect.

We have talked about some of the statistics already, but let me reiterate one or two of them. In 2019-20, 14 million people in the UK—around 22% of the overall population—were reported as having a disability. It is very important to bear that statistic in mind. Around 1.2 million people who are disabled use vehicles in the UK. Another point that has been made already but needs emphasising is that disabled people make twice as many journeys as non-disabled people by taxi and private hire vehicle each year.

Despite that, some disabled people continue to face discriminatory behaviour from a minority of drivers, including outright refusal of service, overcharging, and failure to provide assistance to enable them to board and travel in vehicles in reasonable comfort and safety. Clearly, that cannot be allowed to continue. While the Equality Act 2010 provides disabled people with some protection, it applies inconsistently and only with respect to certain disabilities.

[Brendan Clarke-Smith (Bassetlaw) (Con)]

The point has been made very succinctly that we do not have to wait for the Bill to come in before some of these changes can be made. Does my hon. Friend agree that one thing that taxi companies can do is to improve the communication with their drivers when people book taxis—especially in advance—when there are additional needs to be catered for, to ensure that they can provide the service?

[Simon Baynes]

I thank my hon. Friend for making that very valid point. I strongly support what he says. We have heard already that the communication between taxis and private hire vehicle operators and their customers is vital. It is extremely important that disabled people know what services they can obtain from taxi companies so that there is not a tragic misunderstanding.

My hon. Friend the Member for Rutland and Melton, in a slightly different context, has alluded to how dispiriting and upsetting it is for someone to expect a taxi journey and then have it taken from them at the last minute because the taxi driver deems them not to be the kind of client they want to pick up at that time. That level of distress is something that we should go out of our way to avoid, as she rightly said.

The hon. Member for Cambridge (Daniel Zeichner), who is no longer in his place, made an important point about the holistic approach to travel. The Government have said that by 2030 they want to support the creation of an inclusive transport network that enables disabled people to travel to work or for leisure easily, confidently and without additional cost. That is part of the Government’s broader efforts to close the 30% gap between the employment of working-age disabled and non-disabled people. It is really important that we see the Bill in that broader context. It is not just about ensuring that taxi drivers perform in the way we are talking about: it is also the broader subject of how we ensure that disabled people can play as full a part in the life of this country, especially in the workplace, as other members of the population. It is that equality that lies at the heart of this.

As a former member of the licensing committee of Powys County Council, I am particularly interested in the measures in the Bill. One of the many reasons I support it is that it aims to reduce discrimination against disabled people and to address the barriers they face in accessing services. We have talked about the Equality Act, and it is good that the Bill will amend the sections of the Act that relate to the carriage of disabled people by taxi and private hire vehicles. As a Welsh Member, I welcome the fact that that will apply to both England and Wales. It also aims to address the inconsistencies in current legislation and expand the protections currently afforded to wheelchair and assistant dog users to all disabled people, regardless of the vehicle in which they travel. It will create a new duty to ensure that drivers of taxis and private hire vehicles do not refuse carriage to a disabled person, and a new duty will also be created for drivers to assist disabled passengers to identify and find the vehicle they have booked, without making any additional charge for doing so. In a sense, that is related to the point that my hon. Friend the Member for Bassetlaw (Brendan Clarke-Smith) has just made, which is that that will be on the condition that the driver is made aware before the start of the journey that the passenger requires assistance to identify or find the vehicle.

That leads on to another point that I am keen to make, which comes from my experience in my constituency: that taxi drivers become friends to people, especially the disabled, the lonely and the elderly, because they play an incredibly important part in their lives. Many such drivers do a fantastic job already, as we have heard, and they have a close relationship with the people they help, particularly in rural areas.

The point about communication and ensuring that expectations are met, so that people have the service that they require, is vital, and lies at the heart of the Bill. It is one of the key reasons I support it. I would also expect that the provision will be especially helpful for visually impaired passengers and those with learning disabilities or cognitive impairments.

In conclusion, I fully back the Bill and will support it in the remaining stages, as it will safeguard disabled and vulnerable persons from unfair discrimination and will properly address the barriers they currently face in accessing taxi and private hire vehicles. I have great praise for the sector, as others have already said, especially in rural areas, and the Bill will enable us to create an even better service for people. I warmly congratulate my right hon. and learned Friend the Member for Kenilworth and Southam on his worthy Bill.