Taxis and Private Hire Vehicles (Disabled Persons) Bill

I beg to move, That the Bill be now read the Third time.

I begin by thanking all Members—some of whom, I am pleased to say, are present this morning—who have been involved in the development of the Bill during its earlier stages. I am also delighted to see in the Chamber both Front Benchers—the Minister and the hon. Member for Sheffield, Brightside and Hillsborough (Gill Furniss), who speaks for the official Opposition—who have been involved throughout. I appreciate that some who are present this morning have not followed the Bill throughout in detail, so it might be helpful if I explain what it is intended to achieve.

It is no easy task to create legislation that is intended for millions of people. The Equality Act 2010 made very significant progress in very many areas, but it was not perfect, and I do not suppose that anybody involved in its drafting or implementation would claim as much. We as legislators should always be prepared to look again at our work and consider whether it can be improved on. At present, the taxi and private hire vehicle sections of that Act do not work well enough for all the 13.7 million disabled people in Great Britain.

The fundamental intention of the Bill is to ensure the protections envisaged in that Act work effectively and comprehensively when a disabled person uses a taxi or a private hire vehicle, so that any disabled person has reasonable rights and protections enabling them to book, access and travel in a taxi or private hire vehicle at no additional charge.

As it stands, only wheelchair and assistance dog users have specific rights and protections under the Equality Act in relation to taxis and private hire vehicles. The existing Equality Act taxi and private hire vehicle measures do not, for example, provide clearly expressed rights for a wheelchair user intending to transfer from their wheelchair into the passenger seat of a non-designated taxi or private hire vehicle. They do not provide a visually impaired person with a right to guaranteed assistance to find and locate a booked private hire vehicle. Indeed, current measures fail to sufficiently protect disabled people who do not use wheelchairs or assistance dogs from discriminatory treatment at all.

Currently, section 165 of the Equality Act places duties on drivers to carry a wheelchair user

“in safety and reasonable comfort”;

to carry their wheelchair if they sit in the passenger seat; to provide reasonable mobility assistance; and, of course, to not charge extra for doing all of that. However, in order for those duties to apply, the vehicle must be on a local licensing authority’s designated list of wheelchair-accessible vehicles, and crucially, there is no requirement to maintain such a list; it is a local licensing authority’s choice. As such, if a wheelchair user intends to use two wheelchair-accessible taxis on the same day in different locations, and the first is on a local licensing authority’s list but the second is not, that wheelchair user will have specific rights and protections in their first journey but will not in their second, even if the vehicles and journeys are identical in all other respects. This Bill would rectify that by amending section 167 of the Equality Act to require that all local licensing authorities maintain and publish a list of wheelchair-accessible vehicles.

The right hon. and learned Gentleman is making an important addition to the safeguards in this area. Would he note, though, that back in 2018, Professor Mohammed Abdel-Haq made 34 recommendations on the wider set of issues, of which this was one? Does the right hon. and learned Gentleman agree that it is time for the Government to bring forward a more comprehensive package of measures to deal with the taxi and private hire trade?

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.

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.

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.

My right hon. and learned Friend has clearly worked incredibly carefully with disabled groups throughout the development of the Bill. The issue comes into my inbox and I hear from constituents facing these types of problem. Was it a personal issue in his own constituency that first raised his awareness of the issue?

I am grateful to my hon. Friend and she is right. I have spoken to a number of different disability campaign groups, advocacy groups and charities, and I am pleased to say they are all supportive of the Bill’s intention. As she represents a rural constituency, she will recognise, along with those others of us who represent rural areas, that taxis and private hire vehicles may be the only way for people with disabilities to get around. They are an important lifeline, so the provisions of the Bill will have effect particularly in rural areas, such as the ones that she and I represent.

I have come across, as she will have done, constituents who rely on that vital lifeline, not just during the covid pandemic but all the time. They will want to know that they have these rights, that drivers are aware that they have these rights and that they can be carried without additional charge and with the basic consideration that, as my hon. Friend the Member for Clwyd South (Simon Baynes) mentioned earlier, good drivers already provide, but that all drivers should.

My right hon. and learned Friend raises an important point about availability and accessibility of vehicles for disabled people. In my very urban constituency, availability of wheelchair-accessible taxis is a continuing concern for people who want to be able to get out and about. Will he comment on the idea of a national database—a central record—of where these vehicles are, so that our disabled communities can easily access information about where they can get such vehicles?

I pay tribute to my hon. Friend because I know he is in the process of taking through other important legislation in relation to taxis and private hire vehicles, which will contribute to the better environment that the hon. Member for Cambridge (Daniel Zeichner) referred to earlier.

My hon. Friend the Member for Darlington (Peter Gibson) is right that this is a problem in urban as well as rural areas, and that one thing we can get better at is giving people with disabilities, particularly those who need wheelchair-accessible taxis and private hire vehicles, better information on where to find them. That is why in this Bill the expectation that local authorities maintain a list of such designated vehicles will change from being optional to being a requirement. That will be more consistent across the country so that wherever people live—in urban or rural areas, wherever they are in the country—they will be able to get that information more clearly and easily, to help them move around. I agree with my hon. Friend that that will make a significant difference.

I commend my right hon. and learned Friend for his excellent Bill. Does he have any messages for members of the industry who already fulfil these requirements? I believe we have to give credit to those who are already pushing ahead in this fantastic way. May I ask his advice on how the Bill might not be seen as a blunt tool by those who are already carrying out these requirements?

My hon. Friend makes a good point. In addition to speaking to charities that advocate on behalf of people with disabilities, I have taken the trouble to speak to those who operate in the taxi trade. I have tried to make it clear to them that we do not seek to penalise the drivers that my hon. Friend refers to, and that my hon. Friend the Member for Clwyd South mentioned earlier, who are doing all they possibly can to facilitate the travel of people with disabilities, and to whom we owe thanks and commendation. Rather, we want to ensure that the provisions of the Bill will bite for those who are not doing so. The Bill will, frankly, make no difference whatsoever to the drivers that my hon. Friends spoke about, who already do what the Bill will require of them.

The Bill will not simply make requirements of drivers; it will also require local licensing authorities to maintain and publish a list of wheelchair-accessible vehicles to ensure consistency across the country. The Bill will prevent private hire vehicle operators from refusing or failing to take a booking from a disabled person because that person is disabled, subject only to a limited defence where there is a lack of suitable vehicles. The Bill will place reasonable duties on drivers to carry and assist disabled people without, crucially, charging extra. This Bill will change lives for the better, and I commend it to the House.

I call the shadow Minister, Gill Furniss.

Once again, I commend the right hon. and learned Member for Kenilworth and Southam (Jeremy Wright) and all other Members involved in taking forward this Bill. Its aims are laudable and have the Opposition’s support. I also pay tribute to the hundreds and thousands of taxi and private hire vehicle drivers across the country. During the covid-19 pandemic, they went above and beyond to ensure they provided safe travel for those who needed it.

Taxi drivers still face unacceptable working standards. The Government must tackle head-on the low pay, poor job security and lack of workers’ rights associated with the gig economy. I am pleased to hear that future legislation is in the pipeline, and I know the Opposition will be happy to co-operate on that in Committee. I welcome the agreement between Uber and the GMB, which will provide a vital boost for Uber drivers, but we all know there is much more left to do. Labour would implement much-needed reforms to taxi and private hire services. That would include a review of licensing authorities’ jurisdiction, setting national minimum standards for safety and accessibility and updating regulations to keep pace with technological change.

The barriers that disabled people continue to face on transport are downright scandalous. According to a 2019 survey of disabled people for Scope, 30% said that difficulties with public transport had reduced their independence, and as many as four in five said that they felt stressed or anxious when planning or carrying out such a journey. Those figures sadly come as no surprise when we look at what has happened on the Government’s watch. The costs of public transport have continued to rocket upwards ahead of wages, and services have become less and less reliable. The failed privatised model means that bus fares are projected to be 60% higher by 2024 than they were in 2010. Not only that, but bus routes are projected to fall by more than 5,000. That has led to a reduction of nearly 26% in the number of elderly and disabled passengers. The stark shortfalls in public transport mean that for many disabled people, a taxi is their only option when they go about their everyday lives. Disabled people make, on average, twice the number of taxi journeys each year compared with people without disabilities.

I rise today to speak in support of the important Bill promoted by my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright). Too often, pockets of our society do not have true equality, or true access, and the Bill will fundamentally change that. Some people may think that this is just a small change, but for disabled people in my constituency and beyond, this will make an enormous, life-changing difference.

We talked earlier about rural areas in particular and how they will benefit from this Bill. Rutland and Melton is an incredible constituency of 462 square miles. I have almost 140 villages and just three towns, so taxis make a fundamental difference to the lives of disabled people living in our communities, but I can attest that we do not have enough taxis. On a Friday, should a surgery run over and I do not have a car, I have sometimes had to wait up to three hours to get a taxi. On a Friday evening, I will be sleeping in my office; I will not be getting home to my family because there is insufficient taxi access. That is how it is for me, as an able-bodied individual. For my disabled constituents, things are made all the more difficult.

At this point, I will talk briefly about how, in future considerations by the Government, this Bill could go further and support women and men who are parents. All too often, I have had a taxi turn up to pick me up and the driver has seen that I am a mum with two children and a pram and they have turned and run—I would like to think that they do this because of the children and not because they have seen my face—and refused to take me. I do not know whether my colleagues have had similar experiences, but the fact is it does happen. I point out, however, that such drivers are a small minority; the vast majority of taxi drivers want to do everything they can to support those whom they carry. However, some are happy to turn around and leave a mother in the rain with two small children under three. That has happened at least four or five times in my lifetime and my children are only three now, so perhaps we could look at this in future revisions of the Equality Act.