Local Transport Bill [HL]

moved Amendment No. 2: 2: After Clause 49, insert the following new Clause— ““Carrying of passengers in wheelchairs in vehicles providing local services (1) Section 36 of the Disability Discrimination Act 1995 (c.50) (carrying of passengers in wheelchairs) is amended as follows. (2) In subsection (1)(b) for ““taxi”” substitute ““vehicle””. (3) After subsection (1) insert— ““(1A) This section also imposes duties on the driver of a designated vehicle other than a regulated taxi if— (a) the designated vehicle is being used to provide a local service (within the meaning of section 2 of the Transport Act 1985), and (b) a person falling within paragraph (a) or (b) of subsection (1) has indicated to the driver that he wishes to travel on the service.””. (4) In each of subsections (2), (3) and (4) for ““taxi”” (wherever occurring) substitute ““vehicle””. (5) In subsection (5) after ““a regulated taxi”” insert ““or designated vehicle””. (6) In subsection (6)— (a) after ““at the time of the alleged offence”” insert— ““(a) in the case of a regulated taxi,””; (b) after ““it was required to conform,”” insert— ““(b) in the case of a designated vehicle, the vehicle conformed to the accessibility requirements which applied to it,””; (c) for the word ““taxi”” (in the last place where it appears) substitute ““vehicle””. (7) After subsection (9) insert— ““(10) The driver of a designated vehicle is exempt from the duties imposed by this section if— (a) a certificate of exemption issued to him under this section is in force; and (b) he is carrying the certificate on the vehicle. (11) The driver of a designated vehicle who is exempt under subsection (10) must show the certificate, on request, to a person falling within paragraph (a) or (b) of subsection (1).””. (8) After subsection (11) insert— ““(12) In this section— ““designated vehicle”” means a vehicle which appears on a list maintained under section 36A; ““licensing authority”” has the meaning given by section 36A.””.”” The noble Baroness said: My Lords, I shall speak also to Amendments Nos. 3, 9 and 11. When I, as a wheelchair user, became a Member of this wonderful place I accepted the fact that some taxi drivers would not take me. During my second year an incident outside this House, when a taxi driver would not take me, caused much consternation among my fellow Peers in the taxi queue. I realised at that point that no wheelchair user should have to accept that and began reporting every incident to the Public Carriage Office. Much to my embarrassment, during my first year of doing so I complained 17 times. It had no other complaints. Perhaps I am paranoid, but I doubt that I was the only wheelchair user in London to be refused by a taxi driver. During July 2007 one incident was so bad that the Public Carriage Office decided to take the driver to court as he was in breach of Section 36 of the Disability Discrimination Act 1995. It was at that point that I and many others became aware that Section 36 had not been enforced. That is where the campaign began. I have to say that once that injustice had been brought to the House’s attention it was gratifying to see how quickly and widely people have worked to begin to correct the situation and protect the 1.2 million wheelchair users in this country. Since my appearance on BBC breakfast TV I have had many letters from fellow wheelchair users describing many humiliating experiences and encouraging me to ensure that Section 36 is brought in with as wide a scope as possible. I accept that the scope of the amendments within the Bill is quite narrow but by passing these amendments a clear message will be sent to the 1.2 million wheelchair users and to the taxi drivers who wish to exclude us. I would like to thank the Minister, the Minister from another place, the noble Baroness, Lady Dean, my noble friend Lord Low, noble Lords from all sides of the House, the Bill team, the Bill council, the Convenor of the Cross Benches plus her researcher Julian Dee, and Will Moy, PA to my noble friend Lord Low. My thanks also need to go to the National Association of Licensing and Enforcement Officers and the Public Carriage Office for its support and information. I beg to move.