Pedicabs (London) Bill [Lords]

Simon Lightwood Excerpts

Committee of the whole House
Tuesday 26th March 2024 Commons Chamber

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

If no one else wishes to speak, we will come to the Front Benchers. I call the shadow Minister.

[Simon Lightwood (Wakefield) (Lab/Co-op)]

It is a pleasure to speak in my inaugural Committee of the whole House on behalf of the official Opposition. As we set out on Second Reading, Labour is clear that the Bill can help to sustain a thriving London pedicab industry that is also safe and trusted by its customers, and we support its progress. However, there are two areas in which Labour believes that the Bill can be improved: pedicab infrastructure, and the crucial safeguard of requiring enhanced disclosure and barring service checks for pedicab drivers.

Amendment 8, which was tabled in my name and those of my Front-Bench colleagues, would enable Transport for London to use pedicab licence fees for investment in pedicab infrastructure in London. Alongside passenger safety and unregulated fare charging, one of the biggest issues presented by unregulated pedicabs is the nuisance of operators blocking pavements and roads as they ply for trade. The Heart of London Business Alliance, which represents over 600 businesses across London’s west end, is clear that pedicabs frequently block pavements and roads outside many of its members’ premises. That can cause chaos at busy periods, such as when many hundreds of people are filing out into the street after a west end show.

The amendment would enable Transport for London to use fees levied from pedicab licences to invest in infrastructure that supports the industry. That infrastructure could include designated pedicab ranks in certain areas, designed to relieve the nuisance of blocked pavements by giving operators a specific area in which to pick up customers. TfL has already set out in its potential licensing framework that it will consult stakeholders on the provision of pedicab stands. I hope that the Heart of London Business Alliance, along with other associations and bodies, including the London Pedicab Operators Association, can feed into those discussions.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

My hon. Friend is making a good closing speech on why regulation is important. The hon. Member for Cities of London and Westminster (Nickie Aiken) and I share the view that the Bill strikes the right balance between allowing a sustainable and supported pedicab industry to develop, and giving Transport for London the powers that it needs to ensure that the sector runs safely. Does he agree?

[Simon Lightwood]

I agree, but there could be enhanced DBS checks, which our new clause 3 would provide for.

As I have said, TfL has already set out in its potential licensing framework that it will consult stakeholders, and I hope that that will include the London Pedicab Operators Association. Of course, although it is vital that fees are set at a level that enables investment, they must remain proportionate. We are trying to provide for a prosperous pedicab industry, after all, so we must ensure that fees are not prohibitive. Clause 2(4) already provides for TfL to set fees at a level that enables the recovery of costs incurred for administering the licensing scheme. Licensing fees being set on a cost recovery basis is fair and proportionate. Amendment 8 to clause 2(4) would simply grant TfL a degree of flexibility while acknowledging the benefits that investment in pedicabs infrastructure can have.

[Matt Rodda]

My hon. Friend is making an excellent speech clearly setting out the importance of having the right balance. Does he agree that, from this work in London, lessons could be learned for other towns and cities around the country, and that encouraging the pedicab industry and other delivery by bicycle in a sensitive way around the country could generate a great number of local jobs and remove fumes and other menaces from the public realm?

--- Later in debate ---

[Simon Lightwood]

My hon. Friend makes a very important point; hopefully, during TfL’s consultation, it will engage with those other organisations to ensure maximum benefit. Labour’s priority, after all, is to grant TfL the flexibility it needs to implement a regulatory regime that promotes safety while also allowing the regulated pedicab industry in London to flourish. Naturally, infrastructure such as pedicab stands would be competing against many different demands for the use of central London’s kerbsides, and it will remain TfL’s responsibility to work with local authorities on where infrastructure can be viably located.

Some hon. Members may not agree that this Bill is an appropriate place to discuss pedicab infrastructure. Labour believes that on the contrary, the conduct of pedicab drivers and the safety of the public are undeniably linked to TfL’s ability to fund and make provision for infrastructure that supports a regulated pedicab industry. Amendment 8 clarifies one potential revenue stream for the provision of that infrastructure, and I hope the Government will consider its merits carefully.

I now turn to new clauses 1 to 3, which stand in my name and those of my Front-Bench colleagues. All three new clauses concern the safety of children and vulnerable adults using pedicabs. As we heard on Second Reading, and as has been reported widely in the media and by numerous stakeholders, misconduct by pedicab operators arguably provides the strongest case for the desperate need to regulate the industry. Blocking streets and pavements, reckless driving and noise nuisance are all important areas that regulation will address, but they pale in comparison with the vital responsibility we have to ensure that TfL has the power to ensure public safety effectively. As TfL’s proposed licensing framework sets out, that emphasis on safety will be its guiding principle for pedicab regulations.

At the front and centre are eligibility requirements for operators and drivers. TfL has set out a raft of proposed licensing requirements, including alignment of visa status requirements with taxi and private hire licensing, English proficiency, and highway code and hazard perception awareness. That is of course welcome, but TfL is also clear that it would like to see compulsory enhanced Disclosure and Barring Service checks for pedicab drivers, again in line with the taxi and private hire requirements. That should be a vital component of ensuring the safety of pedicab customers, but TfL has explicitly stated on page 5 of its draft licensing framework that it would require changes in legislation, because while clause 2(6)(a) of the Bill empowers TfL to regulate licensing eligibility, enhanced DBS checks may not form part of those requirements if TfL does not have the right powers. Those difficulties were raised in the other place and were acknowledged by the Lords Minister himself.

The draft licensing framework also makes a clear distinction between basic and enhanced DBS checks, and explicitly states that enhanced DBS checks for pedicab drivers would be TfL’s preference. I say for the benefit of colleagues that an enhanced DBS check may show information held by local police forces on individuals. That intelligence may prove vital when deciding whether to award a licence to a pedicab driver, and it is absolutely right that TfL should be able to require enhanced checks. While enhanced DBS checks are not a panacea, they are clearly an important component of thorough eligibility requirements. Labour recognises the need to balance getting the Bill swiftly on to the statute books with the need to ensure that it conveys sufficient powers to TfL to truly make pedicabs a trusted and safe mode of transport in London. If TfL does not have the right powers to vet pedicab drivers through enhanced DBS checks, that will threaten its ability to truly implement a watershed regulatory framework.

Labour’s new clause 1 would add this Bill, upon Royal Assent, to the list of existing taxi and private hire vehicle legislation under section 177 of the Policing and Crime Act 2017. As colleagues may be aware, section 177 empowers the Secretary of State to issue statutory guidance on how licensing authorities can ensure the safeguarding of children and vulnerable adults. Including pedicabs in the list of licensed activities covered by the statutory guidance would be a crucial step towards a safer pedicab industry.

Labour’s new clause 2 is designed to build on new clause 1 by turning the Secretary of State’s power to issue statutory guidance to TfL into a duty. Crucially, under subsection (2), this guidance would also include a requirement for enhanced Disclosure and Barring Service checks to be a condition of a licence. In concert with new clause 1, this new clause would equip TfL with the powers it needs to properly regulate in the name of safety by including enhanced DBS checks as a baseline standard for driver eligibility.

--- Later in debate ---

[Simon Lightwood]

I will keep my remarks brief, as this is the penultimate main business before the Easter recess, and far be it for me to delay colleagues returning to their constituencies. I am grateful for all hon. Members who have participated in the Bill’s progress, particularly the hon. Member for Cities of London and Westminster (Nickie Aiken). I am grateful for the hard work of colleagues in the other place, which meant that the Bill came to us in a much improved state, specifically by adding the provision for the regulation of noise nuisance. Their efforts to pressure the Government into changing their approach on requiring parliamentary approval ensured that the powers are fully devolved to Transport for London. That is commendable.

As I set out on Second Reading and again in Committee, Labour supports the Bill. For years there have been calls on the Government to grant Transport for London the powers it needs to regulate this industry. Labour welcomes the Bill as that will finally become law, and a regulated pedicab industry in London will soon emerge, but it has taken far too long to get here.

I must repeat what I emphasised on Second Reading: there is no doubt that the Bill is hugely welcome to London’s west end and a handful of other London areas, but these measures should have been introduced as part of a far wider transport Bill. Elsewhere in transport policy there remains desperate need for major transport reform, particularly on e-bikes and e-scooters, but the Government continue to duck that responsibility and have refused to use this opportunity to bring forward a long-promised and long-delayed transport Bill.

I have been listening carefully to the Minister’s arguments, and I welcome the Government being content that TfL can mandate enhanced DBS checks for pedicabs under current private hire vehicle legislation. It is regrettable that proposed new clauses 1 to 3, all pertaining to the safeguarding of vulnerable adults and children, were not accepted. TfL itself has indicated throughout its draft licensing framework that passenger safety will be its guiding principle, and it is keen to incorporate enhanced DBS checks into licensing conditions under clause 2(6)(a), but believes that it currently does not have the powers to do so. Each of Labour’s new clauses offered a different way forward to incorporating enhanced DBS checks into TfL’s regulations.

It is disappointing that the Government have not taken the new clauses forward, but Labour welcomes the opportunity that tabling them has presented to facilitate a discussion on the importance of TfL having the powers to integrate enhanced DBS checks into its licensing regime. I welcome the exploration of alternative means, as the Minister described, to achieve the same objectives. In the light of that, I gently ask the Minister to meet me at his earliest convenience to discuss this issue further, and to identify ways that we can work together on a cross-party basis to grant TfL the powers it needs to keep customers safe.

Overall, this Bill is welcome, if not long overdue. It is a great addition to the statute book. Once again, I thank all hon. Members and Lords in the other place for their involvement, in addition to the Clerks and stakeholders who have helped us scrutinise the Bill effectively.