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

Debate between Trudy Harrison 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.

--- Later in debate ---

[Trudy Harrison]

I will of course go away and consider that, and more importantly, we will work with colleagues in the Home Office. There has been some really important and concerning discussion about name changes in relation to DBS checks, and we are working on that issue with colleagues.

The Bill is an excellent step, and my hon. Friend the Member for Darlington has received support for it from across the House. I reiterate my thanks for the collaborative way in which we have got to this point. I look forward to following the Bill through its parliamentary stages.

[Peter Gibson]

This House is at its best when people work together, and this Committee has been a shining example of that co-operation and collaboration. I thank all right hon. and hon. Members who have been on this short Committee. This is a short but vital Bill, and I thank everyone for sharing their expertise.

The hon. Member for Rotherham has been a champion of reform in this area, and I pay tribute to her passionate work. The hon. Member for Cambridge, who I will designate the grandfather of the Bill, if I may, has been entirely co-operative throughout the process, and I thank him for his expertise and the care with which he has attended to the Committee’s proceedings. If the hon. Member for Cambridge is the grandfather of the Bill, then my right hon. Friend the Member for South Holland and The Deepings is its great-grandfather. I thank him for his help, assistance and guidance throughout.

My right hon. and learned Friend the Member for South Swindon—my good friend—is the Bill’s great-uncle. As he rightly pointed out, Sian O’Callaghan tragically lost her life at the hands of a taxi driver. Sian’s family and the Suzy Lamplugh Trust have been incredibly supportive of the Bill. It would be a fitting tribute to Sian if the Bill were to become known as Sian’s law.

I also thank the Lord Commissioner of Her Majesty's Treasury, my hon. Friend the Member for Castle Point (Rebecca Harris), for her guidance on and navigation of the maze that is a private Member’s Bill. She has been stalwart in her help and support. I also thank the Minister on her first appearance as Minister in Committee.

In conclusion, I record my thanks to those who work behind the scenes, including the officials at the Department for Transport, who have put in the legwork on the Bill, and our Clerk, Mr Mellows-Facer, who has been incredibly supportive over the past few months. I hope that all members of the Committee will see the Bill through today. I look forward to their joining me in the Chamber on 21 January for Third Reading.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 9 ordered to stand part of the Bill.