Taxis and Private Hire Vehicles (Disabled Persons) Bill

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

For many of the more than 14 million people in the UK with a disability, taxis and private hire vehicles are a vital means of transport and access to daily freedoms that most of us take for granted. That is particularly true for those who live in rural areas, such as the ones I represent, where public transport can be inaccessible or scarce. The willingness of taxi and private hire vehicle drivers to carry people with disabilities and to offer the extra help that makes their journeys manageable therefore matters hugely to the capacity of people with disabilities to get around at all.

This House has legislated in the past to help, with the passing of the Equality Act 2010, which provided specific protections for those using wheelchairs and those with assistance dogs, but we are probably all aware from our postbags that there is still a problem. Among the thousands of taxi and private hire vehicle drivers who do all they can to support their disabled passengers, there are still some who refuse to carry them at all and still some operators who refuse to take bookings or make available the sort of reasonable assistance that would enable people with disabilities to take advantage of their services. The Bill that I propose seeks to build on the protections in that Act and to broaden them to address the discrimination that a wider range of passengers with disabilities still face. Let me set out how it seeks to do that.

The Equality Act requires the driver of designated wheelchair-accessible taxis and private hire vehicles to carry a wheelchair-using passenger at no extra charge, but it imposes no duty on the driver of any other taxi or private hire vehicle to carry a passenger who could transfer from a wheelchair into the vehicle and whose wheelchair could be folded and stored for the journey. The Bill would create that duty, unless it would not be safe or otherwise reasonable in all the circumstances for that to happen.

When a passenger has with them mobility aids, the Bill will create a duty for drivers to carry those aids, again, unless it would be unsafe or otherwise unreasonable to do so. For passengers needing mobility assistance, the Bill will require drivers to offer such assistance as is reasonably required. For all passengers with disabilities, the Bill will create a duty for drivers to take such steps as are reasonable to ensure that they are carried in safety and reasonable comfort.

The language of the provisions is important. They ask nothing unreasonable of taxi and private hire vehicle drivers and nothing, I suspect, that many drivers are not already doing for disabled passengers up and down the country, but they set out in law the expectations that a civilised, inclusive society should have in meeting the mobility needs of its disabled citizens.

The Bill also follows the example of the Equality Act in making it clear that no additional charge may be made for complying with the duties that it provides for; neither can it be acceptable for drivers or taxi or private hire vehicle operating companies simply to refuse to carry disabled passengers at all in order to evade these duties. For that reason, the Bill extends the Equality Act offence for drivers refusing to carry passengers with an assistance dog or charging more for doing so to drivers and operators refusing to accept a person with any disability because of that disability. That offence and offences arising from a failure to comply with the duties that I described will be punishable with fines comparable with those relating to offences already in law under the Equality Act.

I thank the right hon. and learned Member for Kenilworth and Southam (Jeremy Wright) for introducing this important Bill, which will help to address the barriers that disabled people face in accessing taxi and private hire vehicle services. Indeed, it is a laudable aim that we on the Opposition Benches fully support.

Affordability and accessibility are key for people with disabilities, and the situation today is simply nowhere near good enough. According to research carried out by the Disabled Persons Transport Advisory Committee, the household of 60% of disabled people had no car, compared with 27% in the overall population. Fifty per cent. of respondents said that inaccessible transport had restricted their choice of jobs, with the proportion rising to 62% for wheelchair users and 86% for people with a visual impairment. That is the challenge that we as a society face, but the backdrop is more troubling still.

Over the past decade, public transport has become harder and costlier to access. The failed and fragmented privatised model means that by 2024 average fares on buses are set to climb to 60% higher than they were in 2010. Shockingly, the number of bus routes is projected to fall by more than 5,000. Elderly and disabled passenger numbers are set to drop by nearly 26%. Sadly, the trend is not limited to buses: fewer than one in five railway stations are fully accessible, with the Government having cut the funding to increase disabled accessibility by 42% between 2015 and 2019.

There is a crisis of accessibly and it paints a deeply disturbing picture. Disabled passengers already face a multitude of barriers to travel and the declining provision of public transport has done enormous damage. That is why I commend the work of my hon. Friend the Member for Warrington North (Charlotte Nichols) in making the case for a passenger charter for disabled public transport passengers, to set out their rights and the obligations of operators.

I rise to speak in support of this excellent Bill and I congratulate my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright) on introducing it. It addresses an issue that has come up for me numerous times over the years, both as a Member of Parliament and as a caseworker for the previous Member of Parliament, whereby people with different disabilities have found it difficult, for whatever reason, to get transport. I want to look at three key elements in the Bill: no extra charge; cannot refuse transport; and licensing to maintain a list of wheelchair accessible vehicles, which is an excellent idea.

In 2019-20, 14.1 million people reported having a disability, representing about 22% of the overall UK population. Of those, about 1.2 million people are wheelchair users. Disabled people make twice as many journeys by taxi and private hire vehicle each year compared with non-disabled people—twice as many journeys—yet many continue to face discriminatory behaviour from drivers and taxi companies, including outright refusal of service, overcharging and a failure to provide assistance to enable them to board, alight and travel in comfort.

The Equality Act 2010 provides disabled people with some protection, but it applies inconsistently and only with respect to certain disabilities. I would like to put forward that “twice as many journeys” as an opportunity. It is almost a marketing opportunity: there is a target market of people who spend, or would spend, a great deal of time and money in the market. Therefore, this is a good opportunity for taxi drivers and owners of private hire vehicles, as well as for those who are disabled.

The list of licenced wheelchair accessible vehicles is also an excellent idea. As I mentioned, I have tried to help people in the past. I did not accept that they would not be able to book, so I tried to book for them. It was quite difficult having to ring round and ring round and ring round, so a list of licensed accessible vehicles is an excellent idea. To sum up those two points, they are useful measures that need to be put in place and perhaps should have been put in place in previous years.

I can confirm that. My hon. Friend will have heard me talk about exemption certificates. We wish to refine them in the Bill, but there will still be, within the exemption certificates, an opportunity for drivers who are unable to render mobility assistance not to be obliged to do so.

I am obliged to my right hon. and learned Friend for that intervention. That creates a perfect circle whereby disabled are able to be helped, and taxi and private hire vehicle drivers are able to take advantage of the market while being safeguarded from any hindrance because of their situation.

I, too, would like to start by commending my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright) on the Second Reading of this very important private Member’s Bill. I also put on record my thanks to all the drivers of taxi and private hire vehicles in Clwyd South—as I am sure other Members would for their constituencies—who have provided an essential service to so many people, particularly during the height of the covid pandemic. Their kindness and concern for their passengers, particularly vulnerable people, is not the subject of this Bill: rather, its purpose is to address those who do not take into account the needs of disabled people.

I took great comfort from the fact that my right hon. and learned Friend has worked in conjunction with the taxi and private hire vehicle sector in preparing this Bill, because whether we like it or not, many of those drivers have had a very difficult time during the crisis, and some have gone out of business in my area on the Welsh borders. It is a very important part of his approach that he sees his work as a partnership with them. Yes, we have to ask more of them in this respect, but we also have to bear it in mind that those drivers’ businesses can sometimes be quite fragile.

My second point has been touched on by my hon. Friend the Member for Loughborough (Jane Hunt). I, too, have had experience of this issue, in my case as a councillor for 11 years before becoming a Member of Parliament, and formerly as a member of the licensing committee of Powys County Council. That experience strengthens my resolve to back this Bill. The point that my hon. Friend made about how disabled people make twice as many journeys by taxi and private hire vehicles as others is absolutely crucial to this argument. As the hon. Member for Slough (Mr Dhesi) said, 60% of disabled people do not have a car in their household. He also made a very valid point about access to public transport, which is a concomitant factor in what we are talking about. That is an area that I feel very strongly about, and I have campaigned successfully to bring forward consideration of step-free access at Ruabon station in my constituency of Clwyd South, which is a critical part of enabling disabled people to travel like everybody else can. Without step-free access at the station, it is impossible for disabled people to use it, and Ruabon station is an important terminus within my constituency, so the hon. Gentleman’s point was very well made.

My hon. Friend the Member for Clwyd South (Simon Baynes) has made a really important point about the importance of this sector to our community, and how much we have relied on it recently. That is why this Bill is so important, and I welcome it and congratulate my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright) on introducing it. This sector is important to our communities, but of course, it is a sad reality that some taxi drivers do discriminate against disabled people, just as people do up and down society. That is not an indictment of just that small number who do; it is a reflection of a society that still has a long way to go before we can claim to have equality for everyone, regardless of who they are and the challenges they face in life. There are cases of taxi drivers refusing to pick up people with disabilities at all. Research by the University of Nottingham found that wheelchair users are often told by taxi operators that no accessible taxis are available, and that in many instances taxi companies outwardly refuse to take people in powered wheelchairs. When I was doing my research for this speech, I came across one person who told the story in an interview of how five different taxi drivers refused to take her home one night when her powered wheelchair was just about to give up and die. In 2014, the boss of one regional taxi company decided to stop transporting disabled passengers altogether on what he called “economic grounds”. If these people do get picked up, they often face higher fares than other passengers.

So this Bill is important because it is an important cog in our overall strategy to make all forms of transport more inclusive. An inclusive transport system should enable all of us to access transport wherever we like, without extra cost and with confidence, regardless of our personal characteristics. The reality is, however, that for the one in five people in the UK who are disabled, it is just not as easy as it should be. Disabled people are forced to travel less, on average, than non-disabled people simply because of the barriers they encounter. Adults with disabilities make 39% fewer trips than people without disability challenges. Research shows that 63% of these trips are made by car, not only making it more expensive for them but meaning that it has consequences for the environment and what we are trying to achieve in a transport strategy. Setting aside the moral obligation to correct a system that fails to recognise universal transport equality, there is an obvious economic reason for passing this Bill and making it part of our long-term strategy to create an inclusive transport system in this country.

The barriers to transport faced by people with disabilities prevents many from fulfilling their potential at work, which is devastating for them and a huge loss for UK plc. In 2020-21, 52.3% of disabled people were in employment, whereas the employment rate for people who are not disabled was 81.1%, down from 82.2%. The unemployment rate for disabled people was 8.4% in October to December 2020, which was up from 6.9% a year previously. Disabled people have an employment rate that is 28 percentage points lower than that of people who are not disabled, and this is referred to as the “disability employment gap”. The impact of the pandemic has exacerbated existing problems. Over the past year the proportion of disabled people in employment has gone down. The proportion of disabled people who are either unemployed or economically inactive has risen. People who are not disabled have also seen an increase in the proportion of that, but it is smaller and we need to be very aware of that. The Bill will not solve all those problems, but it will contribute to the long-term solutions that the Government are committed to, in order to make transport accessible, more affordable and readily available for people with disabilities.

I thank my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright) for securing this important debate. I think this debate ties in nicely with the one we had earlier about careers advice and improving the prospects of all of our population to make sure that they make the best use of their full potential.

As my good friend, my hon. Friend the Member for Hertford and Stortford (Julie Marson), has said, the statistics show that disabled people are twice as likely to make journeys by taxis and private hire vehicles as non-disabled people, so it is really important to ensure that disabled people do not experience discrimination when booking, taking or paying for journeys. If anything we should proactively ensure—and I think the Bill does this—that there are no barriers to entry so that those who are less able can make the best and the most of our society.

As the House will know, my constituency of South West Hertfordshire is a lovely rural constituency, and we are therefore reliant on private hire vehicles or personal transport. While we have some great transport links north to south via both train and tube, our connectivity via buses—this is one of my local campaign items—does need improving. I look forward to working with the Under-Secretary of State for Transport, my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), whom I welcome to her place, in ensuring that South West Hertfordshire levels up, like the rest of the country, so that people can do the right thing by not necessarily jumping in their private car but using public transport where appropriate to help improve the environment.

On this point, I commend the excellent work of my own local cab company, John’s Taxis, which I use frequently to commute in to the Chamber. I know from first-hand experience how customer-focused it is in ensuring that all of its consumers do use and are able to use its vehicles so that they can get around. Reference was made earlier to the importance of this particular sector during the global pandemic, and while most people had to isolate, just the ability to get out and about when needed was quite critical in some instances, and it is definitely worth applauding the efforts of those in this sector.

My congratulations to my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright) on the Bill, of which I am hugely supportive.

Listening to my hon. Friend talking about society and creating a fairer society, it struck me that some of the taxi firms in my constituency of South Ribble are really only still here thanks to the Government’s support during the pandemic. We valued them and invested in them to make sure that they came out on the other side of the global health crisis, and this Bill sits within that same bucket, with us all working together to look after the most vulnerable in society. Does he agree?

I absolutely agree with what my hon. Friend has said. This House has rightly applauded those who have stepped up to the plate in the last two years during this global pandemic, and I would suggest that the majority of those in this particular sector have done so. Their ability to adapt their vehicles to ensure that consumers had the confidence to use them as methods of transport was really important. I know from my own experience how busy my local taxi company is.The fact that the drivers are on first-name terms with most of their customers shows that, in their own small way, they are part of the community that they are helping with their ability to transport people around.

I want to go back to my hon. Friend’s comment about the importance of taxi and private hire vehicles in his area, given the rurality of his constituency. This point has perhaps not been drawn out enough in the discussion. Can he say a bit more about the importance of this Bill and of taxis and private hire vehicles in the rural areas of his constituency?

I am always happy to share the joys of my constituency with the House, and I thank my hon. Friend for giving me the ability to do so.

My constituency is approximately 80% green belt. I have some very large and beautiful villages and small towns. People who live in those urban conurbations have some wonderful shops, restaurants and local community spaces to visit, but there are those who live a little further out, or who have difficulty moving—whether that is to do with walking unaided or requiring the use of buses or public hire vehicles. I do not represent a flat constituency. Personally, I live fairly high up on a small hill. It is nice and easy on the way down to the restaurants and to the high street, but I do struggle on the way back. Even at my youthful age, my old knee starts to creak occasionally. I have not yet called on my local taxi company to get me home. That has not been required yet. I can foresee that, sometime in the future, I will need to do so.

I am not blessed locally with the exhaustive public transport network that one sees in London, where there are regular buses, both at peak and off-peak times. I am not able to get a bus to my local train station and from the station to home in the evenings, but I am able to in the mornings. That is something that we need to think about as a society. It may not be commercially viable for bus companies to offer services at peak or off-peak times, but the community will adapt and use them. I know that this is a conversation that the Department of Transport and the Minister will engage with to make sure that we are incentivising people to do the right thing. I know from my personal experience of being in this place that the Government are very much motivated to create the framework so that doing the right thing brings rewards, rather being a barrier from the rhetoric to legislation.

Going back to the Bill, I applaud my right hon. and learned Friend the Member for Kenilworth and Southam for his common-sense approach. This place benefits from the evolution of laws. I know that this particular Bill will be a positive addition to what is already on the statute book. I am sure that we will revisit this particular topic to ensure that all people in society, whether able-bodied or not, are able to do what each and every other person can do. I look forward to further discussions in this debate.