Taxis and Private Hire Vehicles (Disabled Persons) Bill — House of Commons, 2022-03-18
Topic: Civil Rights
Brendan Clarke-Smith (Conservative, Centre-right): It is a pleasure to speak about this Bill today and I commend my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright) for bringing it to the House. It will make a huge difference to the lives of a number of people. As we have stated, let us hope that many of the companies start to take action before the legislation comes into effect. This country prides itself on treating people equally. Although there will always be instances where we do not get it right or could do better, we can nevertheless be incredibly positive about that, and there are many great examples that we can point to I am glad that we are getting the opportunity this morning to discuss equal treatment for those with disabilities. When the underground was again grinding to a halt the other week because of strikes, despite the Mayor’s past assurances, we all appreciated the fact that we had alternative forms of transport. When buses are not available, as many are not in rural communities such as Bassetlaw, a taxi or private hire vehicle can be essential. It needs to be recognised that access to those services is sometimes not available perhaps as equally as it should be. As has been mentioned many times, disabled people make twice as many taxi and private hire vehicle journeys each year as others, and the Bill seeks to remedy this and put further protections in place. To do so we need to amend the sections of the Equality Act 2010 relating to the carriage of disabled people by taxi and PHV. There are currently some inconsistencies in the legislation and it is worth bearing in mind that we are not simply speaking about wheelchair users; there are other needs to consider such as those of people using assistance dogs. Nobody should be refused carriage because of their disability when reasonable steps can be taken to ensure they are able to travel, and they have a right to feel comfortable and safe when travelling and should not incur any extra charges. It is reasonable to expect this while also recognising that in some cases transportation in certain vehicles may not be possible As has been mentioned, 14.1 million people are reported as having a disability, making up 22% of the population, and it is disappointing that many disabled people continue to report facing discriminatory behaviour from drivers, including outright refusal of service, overcharging and failure to provide assistance to enable them to board and travel in vehicles in reasonable comfort and safety. This should not happen, regardless of the proportion of disabled people in the country of course, as one person being treated unfairly is one too many I fully support the Government’s pledge to create an inclusive transport network by 2030 and their broader efforts to close the 30% gap between the employment of working age disabled and non-disabled people. Many found it reassuring that this Government’s existing inclusive transport strategy has highlighted the inconsistent application of the Equality Act in terms of the duties it places on taxi and PHV drivers, and that is why I fully support this excellent Bill. The Government’s 2021 national disability strategy also committed to take forward legislation to strengthen the law on the carriage of disabled people in taxis and PHVs so that they are protected from some of the issues highlighted today. It is disappointing that section 167 of the Equality Act provides only that local licensing authorities "may maintain a list" of wheelchair-accessible taxis and PHVs and that only 70% of LLAs are doing so. Drivers in areas without a list should not be able to continue discriminating against disabled passengers even if their vehicle is technically wheelchair accessible, and this Bill will fix that. Currently, sections 168 and 170 of the Equality Act create offences for taxi drivers and PHV operators and drivers who refuse to carry, or make additional charges for carrying, a disabled person travelling with an assistance dog, and proposed new section 167A creates new offences where PHV operators fail or refuse to accept a booking from a disabled person because of their disability or charge extra for fulfilling any of the disability-related duties in proposed new sections 164A and 165A and section 165 of the Act In conclusion, the Bill will help reduce discrimination against disabled people and help further tackle the barriers they have to face in accessing these essential services by amending the Equality Act 2010. It is important to be balanced, too, which is why I am pleased that the Bill includes defences for where drivers could not reasonably have known the passenger was disabled and/or the passenger required mobility assistance. It is of course helpful for drivers to be made aware before the start of a journey that the passenger requires assistance—as I mentioned earlier, there is a communication issue there as much as anything else—so that they can identify and find a vehicle that is suitable for the passenger’s needs, because then everybody will be a lot happier. This will be particularly helpful for visually impaired passengers and those with learning disabilities or cognitive impairments; this is something they have raised on a number of occasions and I am delighted it is being reflected in this well thought-out Bill. This excellent, well-intentioned Bill will contribute to making taxi and PHV access fairer for all.