Taxis and Private Hire Vehicles (Disabled Persons) Bill — House of Commons, 2022-03-18
Topic: Civil Rights
Jeremy Paul Wright (Conservative, Centre-right): 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 For a driver to assist a disabled person to identify or find their vehicle, the driver must be made aware before the start of the passenger’s journey that the passenger requires assistance to identify or find that vehicle. In order to carry a passenger in safety and reasonable comfort, the driver must reasonably have known that the passenger was disabled. For a driver to carry a disabled person’s wheelchair or mobility aid, it must be possible and reasonable for the wheelchair or mobility aid to be carried in the vehicle. The House can be satisfied that where a driver has a genuine reason why they could not fulfil the duties specified in this Bill, the defences provided would be adequate to avoid their being penalised unfairly This Bill would also amend driver exemptions from duties under the Equality Act. Currently, drivers can apply for an exemption on medical grounds or grounds related to their physical condition, which exempt them from all the duties in section 165. This Bill would ensure drivers are exempt from the appropriate sections by expanding the exemptions to cover some of the duties that would also be applied in proposed new section 164A. It would also amend the driver exemptions so that they apply only to the mobility assistance duties in proposed new sections 164A and 165, thereby directly closing a loophole that enables a driver issued with an exemption because they cannot provide mobility assistance, to accept the carriage of a wheelchair user none the less, but to then, in theory at least, charge them more than they would other passengers. That cannot be right or the purpose of the exemption It is, as I said, a daunting task to create legislation that impacts millions of people, but the provisions in this Bill intend to do just that, ensuring disabled people have rights and protections when accessing taxis or private hire vehicles that work practically and across a multitude of scenarios. The Bill has been developed with disabled people’s step-by-step use of taxis and private hire vehicles at its core, from the booking stage, to finding the vehicle, to accessing and travelling in that vehicle.