Taxis and Private Hire Vehicles (Disabled Persons) Bill

Wendy Morton Excerpts

2nd reading
Friday 14th January 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Wendy Morton)]

I wholeheartedly congratulate my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright) on his success in the private Member’s Bill ballot, on bringing attention to the important issue of ending discrimination against disabled people who want to use taxis and private hire vehicles, and on addressing the barriers they face when using those services. I am pleased to confirm that the Bill has the full support of the Government. We support the proposed improvements to the Equality Act 2010 by addressing the inconsistencies in provision, and expanding protections for disabled passengers. Expanding the protections currently afforded to wheelchair and assistance dog users to all disabled people, regardless of their disability or impairment, and regardless of the type of taxi or private hire vehicle in which they travel, is an important step towards our vision of a fully inclusive transport network and building back fairer.

With your permission, Madam Deputy Speaker, I will ask my hon. and right hon. Friends to consider that more than 14 million people in the UK—about 22% of the population—report having a disability. That is according to the Scope family resources survey of 2019-20. That includes 19% of working-age adults. Since disabled people make twice as many journeys by taxi and private hire vehicle as non-disabled people, it is clear just how important such services are. By ensuring protection from overcharging, and the provision of appropriate assistance for all disabled passengers, the Bill would take us one step closer to fulfilling the Government’s ambition for disabled people to have the same access to transport as everyone else.

As my hon. and right hon. Friends may be aware, that ambition is clearly set out in our 2018 inclusive transport strategy, which supports the Government’s broader efforts to close the 30% employment gap between disabled and non-disabled people, by enabling disabled people to travel to work or for leisure easily, confidently, and at no additional cost. I also draw the attention of my right hon. and hon. Friends to the Government’s landmark 2021 national disability strategy, which demonstrates the Government’s commitment to ending discrimination against disabled people through positive changes, helping to remove barriers, improving outcomes and opportunities for disabled people, as well as opening up broader economic benefits from disabled people being able to participate fully as they would wish.

I am pleased that the specific proposals in the Bill have been informed by engagement with representatives from the taxi and private hire vehicle sectors, local licensing authorities, and disabled people’s organisations. Proposed new section 164A would extend existing protections to all disabled passengers in all types of taxi and private hire vehicle. The Equality Act 2010 currently, and rightly, places duties on drivers of designated wheelchair-accessible taxis and private hire vehicles to carry a wheelchair user, and to do so at no additional charge. However, not all wheelchair users need or wish to remain in their wheelchair while travelling in a taxi or private hire vehicle. In practice, some wheelchair users can travel in a non-wheelchair accessible vehicle by storing their wheelchair or mobility aid in the back of the vehicle. Current legislation unnecessarily excludes such wheelchair users from the protections and provisions of assistance when using a non-designated taxi or private hire vehicle, and I am pleased that the Bill would correct that.

Current legislation also excludes all other disabled passengers who do not use a wheelchair from any protection when travelling in any taxi or private hire vehicle. As my hon. and right hon. Friends will be aware, a huge range of impairments, beyond mobility issues, may result in a person using a wheelchair. So it is right that the Bill would create a new duty to ensure that taxi and private hire vehicle drivers do not refuse carriage to any disabled person who could reasonably travel in their vehicle, making every effort to ensure that the disabled passenger is comfortable and safe while travelling and not charging them any extra for doing so.

Proposed new section 165A concerns identifying and finding the vehicle. I ask Members to imagine being alone, perhaps in an unfamiliar place, waiting for a taxi that they cannot see. How would they know where their pre-booked taxi was? How would they know if the rumble of the engine from the stationary car nearby is a licensed vehicle that will safely take them to their destination? That is reality for some disabled people, who end up calling operators to inquire about the whereabouts of their taxi that should have arrived some time ago, or being charged a fee for not presenting themselves when the vehicle arrived. No more. Under the Bill, disabled people will no longer be at a disadvantage when identifying a booked taxi or private hire vehicle as drivers will be required to assist all disabled passengers who need help identifying and finding their booked vehicle at no extra charge. Crucially, that will give disabled passengers the confidence that they will have the information they need to travel. As is reasonable, the driver must be made aware before the start of the journey that the passenger requires assistance to identify or find the vehicle.

Section 167 is on licensing authorities’ lists of designated wheelchair-accessible taxis and PHVs. As we have heard, local licensing authorities are currently empowered but not required to maintain a list of designated wheelchair-accessible taxis and private hire vehicles, and I am pleased that 70% in England have chosen to do so. However, that means that almost a third of local licensing authorities are yet to begin to maintain a list of wheelchair-accessible taxis and private hire vehicles, meaning that wheelchair users in those areas have not benefited from those protections against discrimination otherwise provided under the Equality Act 2010. It is only by appearing on such a list that a taxi or PHV becomes designated as a wheelchair-accessible vehicle, with drivers of those designated vehicles required to fulfil the existing duties in section 165—to accept the carriage of wheelchair users, to provide assistance and to refrain from charging extra. Thanks to the provisions in the Bill, in future the wheelchair-accessible designation will be relevant only with respect to passengers who need to travel while seated in a wheelchair. Nevertheless, it cannot be right for such access to depend on the local policies of individual licensing authorities, and the Bill will ensure that every authority must maintain such a list.

On proposed new section 167A, section 170 of the Equality Act 2010 places a duty on operators of private hire vehicle services not to refuse a booking because a passenger will be accompanied by an assistance dog, but no equivalent provision exists to protect wheelchair users or people with other disabilities. The Bill would add a new offence for private hire vehicle operators to fail or refuse to accept a booking from any disabled person because of their disability or to charge extra for fulfilling any of the disability-related duties in the relevant sections of the Equality Act.

Of course we must also consider the needs of the taxi and PHV drivers, who work so hard to provide such a vital service, and I am satisfied that the Bill provides appropriate and sufficient defences to ensure that the duties placed on drivers are reasonable. Defences are in place for cases where a driver could not reasonably have known that a passenger was disabled or required mobility assistance or could not reasonably or safely have carried the passenger, wheelchair or mobility aids. Additionally, the Bill allows medical exemptions from the provision of mobility assistance for drivers who are themselves disabled, as appropriate—a point hon. Members raised earlier. However, it is right that the Bill would remove any exemptions from the broader duties to carry disabled passengers without charging extra for any assistance the driver provides. That is an important improvement to the existing provisions.

Ultimately, good transport should work for everyone. That is the Government’s aspiration, and I am sure that all Members present today will support it. To support the sector, in 2020 the Government published the REAL disability equality training programme to improve the transport sector’s confidence and skills in delivering inclusive journeys for disabled passengers.

I once again thank my right hon. and learned Friend the Member for Kenilworth and Southam for his hard work on this important Bill, which the Government firmly believe will make a real difference to disabled people, their comfort and their safety when travelling by taxi or private hire vehicle—in some cases, perhaps even affording disabled passengers the ability and confidence to use services that they would not have previously considered. The Bill represents an important step towards the fully inclusive transport network that the Government and I—and, I am sure, all Members across the House—want to see. We support the Bill, and we wish it well in Committee and as it travels through the House. I congratulate my right hon. and learned Friend.

Taxis and Private Hire Vehicles (Disabled Persons) Bill

Wendy Morton Excerpts

Committee stage
Wednesday 9th February 2022 Public Bill Committees

[Gill Furniss]

I completely agree. I represent an area where a large number of taxi drivers live. At one point, my son-in-law was a taxi driver; I praise him every day for his past service. He spent a lot of time taking renal patients to hospital in the early mornings. The job is about not just picking up people from the roadside but getting people to dialysis and children with special needs to school. It is something of a public service.

I invite the Minister to outline how she intends to work with local authorities to ensure that the message is effectively communicated to all taxi and private hire vehicle drivers.

I conclude by once again commending the right hon. and learned Member for Kenilworth and Southam for progressing the Bill and the Minister for giving it the Government’s support. The Bill will not put an end to the discrimination that disabled people continue to face every day, but it is a big step in the right direction. I look forward to working in the spirit of cross-party co-operation to ensure that it delivers on its aims.

[The Minister of State, Department for Transport (Wendy Morton)]

It is a pleasure to serve under your chairmanship, Mrs Murray, in this Committee to consider the private Member’s Bill of my right hon. and learned Friend the Member for Kenilworth and Southam. I put on the record my thanks to him for his dedication and hard work in bringing the Bill forward.

First, and most importantly, I would like to reiterate a point raised on Second Reading: the vast majority of taxi and private hire vehicle drivers provide a professional and first class service, as we have heard from hon. Members on both sides this morning. They strive to support all passengers, both disabled and non-disabled, including during the worst of the covid-19 pandemic. The Bill is not intended to unfairly penalise or put unreasonable burdens on these drivers—indeed, it will make things fairer for them. It is not right that some drivers have legal duties under the Equality Act 2010 while others do not. The Government remain committed to ensuring that disabled people have the same access to transport as everyone else, which is why I am pleased to confirm that the Bill has the full support of the Government.

At present, only wheelchair users and assistance dog users have the rights and protections under the 2010 Act concerning the use of taxis and private hire vehicles. Even those rights and protections do not apply consistently. Clauses 1 and 4 would rectify that by creating new duties to ensure that any disabled person who could reasonably travel in a taxi or private hire vehicle is protected against refusals and extra costs, and afforded reasonable assistance to make their journey in comfort and safety, regardless of their disability and whether the vehicle is wheelchair-accessible or not, provided that their wheelchair or mobility aids can be carried safely and reasonably in the vehicle.

I am pleased to say that the Bill would go further than rectifying that inconsistency. In addition, it would afford disabled passengers assistance in identifying the vehicle where appropriate. Crucially, it would also strengthen existing duties. Clauses 1, 3 and 5 would tighten the wording in the 2010 Act to ensure that the duties are appropriately defined. In particular, clause 3 would remove the postcode lottery for the duties applied to wheelchair-accessible taxis and private hire vehicles by requiring all local licensing authorities to maintain and publish a list of wheelchair-accessible taxis and private hire vehicles. That is currently not a requirement.

Although I am pleased that 70% of authorities in England have none the less chosen to provide such a list, 30% still do not. The Bill will address that, ensuring that drivers of vehicles on such lists will be subject to the relevant duties. I am satisfied that defences are in place for cases in which a driver could not reasonably have known that a passenger was disabled or required mobility assistance, or could not reasonably or safely have carried the passenger and their wheelchair or mobility aids.

--- Later in debate ---

[Sally-Ann Hart (Hastings and Rye) (Con)]

It is worth noting that clause 3 standardises the lists across all local authorities. That is very welcome because, as Members will know, rules are not currently standardised across all local licensing authorities.

[Wendy Morton]

My hon. Friend makes an important point. It is important to ensure that disabled people and people who require help or a wheelchair have confidence that this information is available and consistent. Let us face it: people do often move around from one local authority to another, so consistency is important.

Our expectation is that all local licensing authorities already have data available on wheelchair-accessible vehicles, as they already provide this data to the Department for Transport annually. The hon. Member for Sheffield, Brightside and Hillsborough asked about the cost to local licensing authorities of publishing such a list, and we expect that cost to be low. To support local licensing authorities to implement the new duties, the Government will update our current statutory guidance in advance of the Bill’s commencement. I hope that offers the hon. Lady the reassurance that she is looking for.

The Bill would greatly support the Government’s aim of improving the accessibility of the transport network by increasing assistance and protection against discrimination for disabled taxi and private hire vehicle passengers. I reiterate my thanks to my right hon. and learned Friend for his hard work and for the collaborative way in which we have got to this point. I look forward to following the Bill through its remaining parliamentary stages.

[Jeremy Wright]

With your leave, may I begin by thanking you, Mrs Murray, for shepherding us so efficiently through this process? I also offer my thanks to your Clerk, who has given me some very sage advice throughout the Bill’s passage. I hope that he will not stop now and continue to offer that advice as we move forward to the remaining stages.

I thank very much the hon. Member for Sheffield, Brightside and Hillsborough, who speaks for the official Opposition, for her support for the Bill, and I thank my hon. Friend the Minister for everything that she said. May I take this opportunity to congratulate my hon. Friend on her well-deserved promotion in the Department? I hope that she will continue to take an active interest in the Bill as it proceeds.

Finally, I thank every member of the Committee for their engagement. As everyone has said, this is an opportunity to improve the lives of people in this country who have disabilities. In too many places, including those represented by members of the Committee, those people are wholly reliant on taxis and private hire vehicles to assist them in getting around, so the rights in the Bill will make a real difference. I am grateful to hon. Friends and Opposition Members for their involvement in the Bill, which I hope will make further progress in its remaining stages.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 6 ordered to stand part of the Bill.

Bill to be reported, without amendment.

Taxis and Private Hire Vehicles (Disabled Persons) Bill

Wendy Morton Excerpts

3rd reading
Friday 18th March 2022 Commons Chamber

[The Minister of State, Department for Transport (Wendy Morton)]

Let me start by saying a huge thank you to my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright) for so expertly steering the Bill through the House. As a Back Bencher, I successfully steered two private Members’ Bills through this place, so I absolutely understand the huge amount of work that he is undertaking.

It is really good to see Members in the Chamber today. I appreciate that Friday is a constituency day, so the fact that Members are here supporting the Bill makes me understand even more how important it is and the amount of support that it has. Members have made it very clear that the Bill will make a big difference to their constituents.

As I have watched the Bill make progress, one key point has stayed with me, which is that disabled people make twice as many journeys by taxi and private hire vehicle as non-disabled people. We were reminded of that by my hon. Friend the Member for Clwyd South (Simon Baynes). Across all transport modes, just 69% of disabled people surveyed by the Government’s inclusive transport strategy baseline study were confident travelling, compared to 90% of non-disabled people. For many disabled people, travelling is often accompanied by fear, anxiety and stress. The Bill would directly address that disparity between disabled and non-disabled people when using a vital form of transport. It would provide rights and protections for any disabled person intending on travelling by taxi or private hire vehicle. It would place duties on drivers to provide reasonable assistance to any disabled person, and prevent them from charging extra for doing so. It would support the Government’s ambition for disabled people to have the same access to transport as everyone else. Those are the reasons why, I am pleased to say, the Government fully support the Bill. I also welcome the Opposition’s support for it.

Currently, if a passenger uses a walking frame to access a taxi or private hire vehicle, there is no specific duty on the driver to assist them in stowing their frame in the boot of the vehicle. Right now, if a prospective passenger has notified an operator or driver at the booking stage that they have dementia and may not be able to identify or find the vehicle when it arrives, there is no specific duty to assist them. At this time, if an assistance dog user books a private hire vehicle, the operator will not automatically break the law if they decide, simply because the person is disabled, to not send a driver. If a wheelchair user wants to use a taxi or private hire vehicle which is registered to a local licensing authority that does not maintain a list of designated wheelchair accessible vehicles, there is no specific duty on the driver or operator to carry them, either in their wheelchair or in the passenger seat. Those are just a few of the real life scenarios that disabled people up and down the country experience today—hon. Members have given other examples in this debate—and the Equality Act 2010 does not currently provide rights for or protections against them. The Bill would rectify that, ensuring all disabled people have rights and protections to access a taxi or private hire vehicle service, no matter where they are in Great Britain.

The Bill would create new responsibilities and amend existing ones for taxi and private hire vehicle drivers, private hire vehicle operators, and local licensing authorities. In particular, it would place reasonable duties on drivers to assist and carry any disabled person and, if applicable, their wheelchair or mobility aids, ensuring that no driver can make, or propose to make, any additional charge for complying with such duties. It would also require local licensing authorities to maintain a list of designated wheelchair accessible vehicles, thereby ensuring that the duties in section 165 apply to drivers of wheelchair accessible vehicles across the country—a point that several hon. Members have made today.

Additionally, the Bill would make it an offence for a private hire vehicle operator to refuse a booking simply because the intended passenger is disabled, or to prevent a driver from being subject to the duties under the Equality Act 2010. That will provide protections for disabled people, ensuring they are not refused a service before the vehicle has even been assigned. However, the duties simply would not work without the defences and exemptions in the Bill. As has already been highlighted by Members on both sides of the House throughout the Bill’s passage—rightly, I have to say—the majority of taxi and private hire vehicle drivers in this country provide a first-class service. That has been reiterated today. I was struck by the comments of my hon. Friend the Member for Darlington (Peter Gibson) about his “mum” test, which was a poignant point, but one that actually resonates with all of us, as we always want the best for our own families and loved ones.

The professionalism and dedication of taxi and private-hire vehicle providers to transporting essential workers during the height of the pandemic ensured that the country could continue to function. The Bill is not intended to penalise or put undue burdens on those drivers who already provide reasonable assistance to disabled people. In fact, those drivers would be unlikely to notice any difference at all in how they operate should the Bill pass. Instead, the Bill is intended to ensure that all drivers provide the level of service that the majority already provide.

Indeed, the Bill would not just benefit disabled people; it is also important to consider the wider benefits that it would bring, too. In economic terms, the disability charity Scope estimated that, based on household, below-average income figures, the spending power of disabled people and their households is £274 billion a year, with businesses calculated to lose £2 billion every month by not meeting the needs of disabled people.

The first barrier to people’s access to society—to work, to leisure, to shops, to cafes and restaurants—is transport. If a person decides not to leave the house because they cannot guarantee that the driver will assist them with stowing their walking frame in the boot of the vehicle, then we all, as a society, lose.

There are a couple of extra points that I want to cover in my comments, because these were raised today in the Chamber. The first one was around disability awareness training. The number of authorities requiring disability awareness training for taxi drivers has increased from 44% in 2019 to 49% in 2021. The number of authorities requiring disability awareness training for private hire vehicle drivers has increased from 41% to 46%. The Bill will not overcome all the barriers that disabled passengers face when using taxis and private hire vehicles, nor should it, because this is an important part of a much bigger picture. Requiring drivers to provide appropriate assistance and to prevent them from charging disabled people more than non-disabled people will only be effective if drivers understand the rights and expectations of disabled passengers and feel confident about providing the help that they need. That is why the Government will continue to encourage local authorities to require drivers to complete disability awareness training. We have also committed, as soon as legislative time allows, to require taxi and private-hire vehicle drivers to complete disability awareness training through new national minimum standards for taxi and private hire vehicle licensing. To support the sector in this, in 2020, the Government published their real disability equality training programme to improve the transport sector’s confidence and skills in delivering inclusive journeys for disabled passengers. This training package is underpinned by two really important values: respect and empathy. It also promotes two important actions: ask and listen. It has been developed with the engagement of transport sector professionals and people with lived experience of disability and it is freely available to any taxi or private-hire vehicle driver or operator wishing to improve their understanding and confidence when assisting disabled people.

The other couple of points that I want to touch on are around the broader issue of accessibility, but it is linked in with this debate, although there was quite a focus on railway stations—perhaps that is because I am the Rail Minister. In terms of access for all, I just wanted to say that this programme was launched in 2006, and, since then, £900 million has been released, about 212 stations have been made fully accessible, and smaller scale improvements have been made at more than 1,500 stations. The programme was extended until 2024 and will deliver more than 100 step-free routes and other important improvements at another 124 stations. I am grateful to Members for raising that issue and reminding us of the importance of accessibility. As ever, there is always more that we can do.

The issue of tactiles is also important. Network Rail estimates that 60% of British mainline station platforms have tactile surfaces. We are committed to making that 100%. It has received an initial £10 million to fit tactile surfaces at priority stations; further funding will be announced in due course. That is all important because it is about making improvements to the overall accessibility for those people who need assistance and a bit of support.

We have had an excellent debate. We have covered the differences between rural and urban constituencies, although many face similar challenges around accessibility. There has also been mention of Great British Railways and its HQ competition. I know that several hon. Members present have bids in for that; I will not name them but they know who they are—I think you are one, Madam Deputy Speaker. There were 42 bids and we await the outcome of the competition but there has been some healthy engagement.

The Government fully support the Bill. It will not only level the playing field of services that drivers provide for disabled people, but make a direct contribution to delivering a fully inclusive transport network. I again congratulate my right hon. and learned Friend the Member for Kenilworth and Southam on driving the Bill so far and I look forward to following its continued progress.