My Lords, I will speak to government Amendments 121, 122 and 123, before turning to Amendment 120A and finally to Amendment 120, moved by the noble Lord, Lord Hunt.
Amendments 121, 122 and 123 relate to the ability of taxi-licensing authorities to maintain lists of wheelchair-accessible taxis and private hire vehicles that operate in their area. Drivers of such designated vehicles are required to perform the duties in Clause 163 to carry and assist disabled passengers who use wheelchairs. Clause 165 enables Scottish licensing authorities to maintain lists only of wheelchair-accessible taxis and private hire vehicles that hold a special licence to operate a local bus service. They will be unable to list wheelchair-accessible taxis and private hire vehicles that operate under conventional licences. This would mean that the drivers of vehicles with a conventional licence would not be obliged to carry out the duties in Clause 163, even though their vehicle was capable of carrying disabled passengers who use wheelchairs.
The amendments will align the position in Scotland to that in England and Wales. This will give greater assurance to disabled people that, when they require a wheelchair-accessible taxi or private hire vehicle, the driver will assist them to enter and exit the vehicle and, if they decide to remain in the wheelchair while travelling in the vehicle, will ensure that the wheelchair is secure and safe and that they travel in reasonable comfort.
Amendment 120A is in the name of my noble friend Lady Wilkins. Taxi licensing and provision is a complicated area, and steps to improve access to taxis for disabled people are always welcome. It is unacceptable that a licensing authority which controls taxi numbers can routinely refuse applications for wheelchair-accessible taxis when it has very few wheelchair-accessible taxis in the district or, indeed, none at all. This new clause provides an ideal means of enhancing accessible taxi provision in these areas.
I thank my noble friend Lady Wilkins for her amendment, which is compatible with the aims of the Bill and has the effect of improving accessibility for disabled people. In making any regulations under this clause, the Government would, of course, consult interested parties before reaching a decision on the proportion of taxis which must be wheelchair accessible and on the specifications of the wheelchair which taxis must be capable of accommodating. Therefore, the Government will accept Amendment 120A.
I now turn to Amendment 120 and the legitimate points raised by the noble Lord, Lord Hunt. I have already mentioned the issues of safety and the appropriate provision to be provided in taxis and licensed vehicles. The noble Lord raised a very reasonable point about safety and taxis. This is not in my notes but it should be. I have already mentioned that checks on safety are included and would be included in the regulations that arise out of my noble friend’s point. I will undertake to ensure that the issue is properly addressed in the regulations and guidance which arise out of these provisions. I shall also write to the noble Lord and the Committee on this matter. From the wisdom that is offered to me from time to time, I can say that vehicles used for taxis are tested in accordance with European safety regulations and those requirements include crash testing. They must also be designed to accommodate wheelchairs safely in rear-facing orientation. We have taken that on board.
The noble Lord’s amendment is a probing amendment on this subject, and its principal objective would be to require all private hire vehicles to be wheelchair accessible. That would be incredibly burdensome to the private hire industry. Looking at the range of private hire vehicles which are available, we need information to be available to disabled people about what is in their area so that we can move forward in an orderly fashion. To say that all private hire vehicles have to provide for wheelchair access may be a step too far. However, the private hire vehicle trade is fundamentally different from the taxi trade: taxis can ply for hire, stand in ranks and be hailed in the street, whereas private hire vehicles must be booked in advance through a licensed operator.
I should point out that, as the amendment is drafted, it could be seen to be technically defective as it refers to private hire vehicles plying for hire and of course the noble Lord will be aware that that is illegal. We think that converting or replacing all private hire vehicles would be so costly to the trade that it would no doubt force many operators out of business. Given the important role that private hire vehicles play in providing public transport, I am sure the noble Lord would not want to go in that direction.
However, there is scope for using legislation to enhance the service which disabled people receive from private hire vehicles. In addition to the general duty not to discriminate, drivers of private hire vehicles designated as wheelchair-accessible vehicles will, under Clause 163, be required to assist their wheelchair passengers. I hope that explains why we do not agree with Amendment 120 and why we would like to accept Amendment 120A.
Equality Bill
Proceeding contribution from
Baroness Thornton
(Labour)
in the House of Lords on Tuesday, 9 February 2010.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Equality Bill.
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