Deregulation Bill

Debate between Tom Brake and Grahame Morris

Monday 23rd June 2014 Commons Chamber

[Grahame M. Morris (Easington) (Lab)]

On that point, does the Minister acknowledge the concerns of police and crime commissioners and organisations such as the Suzy Lamplugh Trust about rogue or unlicensed taxis? This deregulation is likely to compound that problem.

[Tom Brake]

I certainly agree with those organisations that we need to be concerned about rogue, unlicensed taxis, but I do not think that anything the Government are putting forward today will increase the likelihood of there being rogue, unlicensed taxi operators. For instance, a private hire operator passing on a job to another will be passing the job on to an operator who is, of course, licensed.

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[Tom Brake]

The Government have listened to and taken on board concerns expressed by a range of organisations, and have also heard support for the measures we are proposing. We think it important not to place a burden on private hire vehicle drivers that requires them to have a second vehicle in their family to enable them to get around. Safety is vital when licensing taxi and PHV drivers; that is why local authorities are allowed to take into account the criminal records of driver’s licence applicants. Best practice guidance advises licensing authorities to undertake formal criminal record checks every three years, and that facility will still be available. Moreover, the new Disclosure and Barring Service allows taxi and PHV drivers to sign up to an updating service that will allow licensing authorities to make inquiries about the drivers they licence, should they feel the need to do so.

Clause 12 allows private hire vehicle operators to subcontract bookings to operators licensed in a different district. It will apply in England and Wales, outside London and Plymouth. Once again, the clause has been opposed on safety grounds, with arguments that enforcement will be difficult. I stress that that measure already applies in London—I am not aware of any enforcement issues—and the principle of subcontracting, albeit to an operator in the same district, is already enshrined in provincial legislation. I cannot see how allowing PHV operators to subcontract journeys across borders will generate safety issues. Operators will be allowed to subcontract bookings only to other operators who are properly licensed, and those operators will have to fulfil their bookings using properly licensed drivers and vehicles.

[Grahame M. Morris]

The Minister says that he is not aware of any enforcement issues, but may I remind him that the real public safety concern is the number of bogus, unlicensed taxis that operate—particularly in London—and pose a threat to the welfare of women travelling home late in the evening? Last year there were 250 assaults and 56 rapes. Measures that will make that situation worse by making the system more difficult to enforce—that is what the Government propose—should surely concern the right hon. Gentleman and the whole House.

[Tom Brake]

Again, I agree that the Government, local authorities, the police and campaigning organisations should do everything they can to ensure that women and other users of private hire vehicles use only licensed vehicles, and that there is a strong clampdown on those who are operating illegally. Again, I do not think that anything the Government are proposing in these clauses will have the effect that the hon. Gentleman seems to be saying they will.

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[Tom Brake]

At the risk of repeating myself, I do not think that any action the Government are taking will put people at risk.

Let me respond to a couple of earlier interventions. It was suggested, for instance, that we have not consulted. We have indeed consulted: we conducted a targeted consultation earlier this year and also tapped into the extensive consultation conducted by the Law Commission during its comprehensive review. Nor is it true that no one wants the measures we are proposing. For instance, the Private Hire Reform Campaign is highly supportive of all these measures, and after extensive consultation, the Law Commission recommended all three of them in its most recent comprehensive review of taxi legislation.

[Grahame M. Morris]

rose—

[Tom Brake]

I am afraid that I will move on now to Government amendments 13 and 51, which deal with the duration of driving licences granted to drivers with relevant or prospective disabilities. The Road Traffic Offenders Act 1988 provides that drivers with relevant or prospective medical conditions may be issued only with time-limited driving licences with a maximum duration of three years. That means that drivers with relevant medical conditions need to reapply for their licence at least once every three years. In many cases, where a medical condition is well controlled or progressing only slowly, a three-yearly review is unnecessary. Our amendments will enable the Driver and Vehicle Licensing Agency to issue licences with a duration of up to 10 years.

Every licence application will still be considered on a case-by-case basis, and licences will still be issued for shorter periods where that is appropriate. Only drivers with conditions that are considered low-risk and unlikely to progress quickly will get a licence of longer duration, so road safety will not be compromised. A driver will still have a legal duty to tell the DVLA of any condition that he or she has developed or that has deteriorated, and it is an offence to fail to do so. Doctors and other third parties, such as the police, can also notify the DVLA when patients or drivers who have a notifiable medical condition, or do not tell the DVLA about it, come to their attention.

When the DVLA consulted on this proposal, 81% of respondents said they supported it. Those expressing support included the Royal Society for the Prevention of Accidents, the Association of Chief Police Officers, the RAC Foundation, the Epilepsy Society, Diabetes UK, the Royal College of Physicians and the Freight Transport Association. Our amendments will ease the burden on motorists who currently need to make unnecessary applications every three years. They will also ease the burden on GPs, who have to complete the administrative work, and the DVLA, where applications are processed.

Let me turn to marine investigations and the Opposition’s amendment 1. Hon. Members have referred to the campaign—which was supported by the National Union of Rail, Maritime and Transport Workers—by the relatives of those lost in the sinking of the MV Derbyshire. I recognise that the amendment is intended to ensure that a future campaign of a similar type that uncovered new evidence would lead to the reopening of the formal investigation into the relevant accident. However, hard cases make bad law.

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[Tom Brake]

I thank the hon. Gentleman for his intervention and I am sure we will shortly provide the clarity he seeks.

My hon. Friend the Member for Rochford and Southend East (James Duddridge) raised the issue of CCTV and parking, and asked when we would introduce regulations and commence the provision. Clearly we will do that as soon as is practicable after Royal Assent. He also suggested that we could restrict CCTV use through statutory guidance. There is a need to legislate; the difficulty at the moment is that local authorities are not supposed to use CCTV other than in exceptional circumstances, but its use is proliferating. We need to respond to that because CCTV is now being used routinely.

The hon. Member for Blackpool South, like other Opposition Members, made a number of comments about how we are putting passengers at risk and how that risk could be greatly increased, but they did not illustrate that with any examples. He attacked me for using London as an example—I believe he said I was praying it in aid—but London does have rather a big private hire vehicle market and so everything that he says is going transpire as a result of the measures we are introducing would have already happened in London. The evidence shows that it has not.

[Grahame M. Morris]

May I remind the Minister that there were 54 rapes and more than 200 assaults in London last year? Does he not think that should concern him and the whole House?

[Tom Brake]

Clearly it concerns me, the Government and the whole House. The issue is that the hon. Gentleman seems to be linking those very serious cases and what the Government are proposing without actually producing any evidence to suggest that there is a link between the two.

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[Grahame M. Morris]

The Minister is being generous in giving way. Although he uses London as the example where these changes are already in place, does he acknowledge that the enforcement regime is rather different because of the unique arrangement between the Metropolitan police and Transport for London? That arrangement is not replicated elsewhere in the country.

[Tom Brake]

If, as the hon. Gentleman suggests, that is an issue—clearly, several Members have raised it during the debate—it is a prime case for the police and crime commissioner to get involved in, to try to ensure consistency across their patch.

The hon. Member for Brighton, Pavilion (Caroline Lucas) said that the Government have made no counter-argument in support of the proposals. Again, I simply refer her to the fact that the Law Commission supports our three proposals on taxis.

The hon. Member for Hayes and Harlington called for a comprehensive Bill. Of course we want the Law Commission to deliver a comprehensive Bill, and nothing that we have done in relation to these measures stops it doing so. He referred to marine investigation and MV Derbyshire. I have taken quite a lot of interventions from him on that issue. I simply say again that the Government are clear that if such an incident happened again, under our proposals the case would definitely be reopened.

The hon. Member for Luton North (Kelvin Hopkins) wants parking laws enforced properly; well, so do I, and so do the Government. Local authorities will be able to enforce them properly by using traffic wardens, and nothing that we are doing will stop them doing so. I hope he will agree that, as I stated in my opening remarks, the issue is that local authorities have generated a surplus of £635 million by issuing parking tickets.