Baroness Pidgeon
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(1 day, 22 hours ago)
Lords Chamber
Baroness Pidgeon (LD)
My Lords, this has been an interesting debate. Many of the amendments seem to be shaped by individuals’ bugbears that they experience a lot on the streets of London. This group of amendments looks to increase penalties for dangerous cycling and raises other issues regarding cycling and scootering which cause danger to others. I welcome some of the amendments; they have raised interesting points.
The Bill sees cycling offences updated and brought in line with driving offences. I will give some context to the debate today. It should be remembered that, according to figures released by the Department for Transport in September, in 2024, 82 pedal cyclists were killed in Great Britain, while 3,822 were reported to be seriously injured and 10,645 slightly injured. Going further, in the latest DfT accredited official statistics, published on 25 September, its pedestrian fact sheet shows that nine pedestrians were killed and 738 seriously injured by one pedal cycle. Let us compare this to the 1,047 pedestrians killed by one car, and the 19,241 seriously injured. Clearly, any death or serious injury on our roads is one too many, but it is important that, as we debate this legislation, we understand the full picture.
We on these Benches support a proportionate and evidence-based approach to updating the law, where any changes do not discourage people from cycling, which we believe is an important mode of sustainable transport. However, as we have heard in this debate, we have seen a rise in fast food deliveries by e-bikes and e-scooters, and in micromobility sharing schemes. They have become like an explosion across our cities. Time is literally money for all of these riders—those delivering food are being paid per minute to use these bikes or scooters. Therefore, riders take risks. They break the Highway Code, moving at high speeds across pavements and roads, as we have heard, putting themselves and others at risk. We want to see an end to this danger on our roads.
I am intrigued by the discussion on the e-scooter trials, which have gone on a long time. Let us be clear: they were extended five times by the previous Government. They started in 2020 and have now been extended to May 2028. It is clear that this has been going on under two different parties in government.
The amendments tabled by the noble Lord, Lord Lucas, look to tackle the issue of dangerous cycling through the disqualification of a person from cycling. While at first glance this may appeal, in reality it would pose significant challenges with regard to enforcement, as cyclists, as we have heard, do not require licences. It is very unlikely that a person disqualified from cycling who decides to ignore that disqualification would be caught and convicted.
Logically, the only potential way to address this would be to introduce a licensing system for cyclists, as the noble Lord, Lord Hogan-Howe, proposes in Amendment 346A, where he has set out his thinking in detail. However, that is likely to be complicated, costly and disproportionate. In contrast, the noble Lord’s other amendments—seeking to add 12 points to a person’s driving licence for dangerous, careless or inconsiderate cycling that causes serious injury or death—seem more sensible and a reasonable way forward, which would give a greater range of options for the judge in such cases. We agree that this would be far more manageable than trying to bring in a national licensing scheme for all cyclists and cycles. Given that 84% of people aged 18 years or over who cycle hold a driving licence, according to the latest Cycling UK report, this could be an effective penalty.
Amendment 337F, from the noble Lord, Lord Blencathra, looks to define a “cycle” as including a pedal cycle, an e-bike and an electric scooter. Given the rise in different types of micromobility, we believe that this is a reasonable amendment to try to cover all types of cycles that can cause injury, as they may otherwise fall through a loophole.
Amendment 346B, from the noble Lord, Lord Hogan-Howe, seeking to clarify the definition of e-bikes and motorbikes, looks reasonable—certainly on an initial reading—but we would like to hear the Minister’s thoughts on it. Are there any practical reasons that could make this difficult? We have sympathy with its aims, but we look forward to hearing the Government’s response.
The other amendments in this group are clearly looking to tighten up further the law on dangerous, careless and inconsiderate cycling. Some, such as Amendment 341, from the noble Baroness, Lady McIntosh, look to change the penalties for causing death by dangerous cycling. We do not believe that these amendments are needed and we do not support them. However, it is important that road traffic law is enforced with equal vigour for cyclists and all road users, to secure everyone’s safety. One of the challenges not covered in the Bill or in our discussions today—it is the elephant in the room—is the limited number of road traffic police officers across the country and the clear need to invest in this part of the police workforce.
I look forward to hearing the Minister’s response to the many important points that have been raised by noble Lords today, to see how we can ensure that our streets are safer for all road users.
Lord Cameron of Lochiel (Con)
My Lords, I thank all noble Lords who have spoken to this important group of amendments.
Like the noble Baroness, Lady Pidgeon, I believe that the data provides an important context to this area. In 2023, there were four pedestrian fatalities and 185 serious injuries where a pedestrian was hit by a cyclist. Over the past decade, the average number of pedestrians killed annually by a cyclist has been three per year. On the roads more widely, in 2023, there were 87 pedal cyclist fatalities in Great Britain, with almost 4,000 people seriously injured and a further 10,000 classed as slightly injured. The most recent data from 2024 shows that fatalities from pedal cycles fell to 82 but serious injuries remained significant, even as overall pedal cycle traffic increased.
Moreover, as the Government recognise, the current maximum penalties for dangerous or careless cycling—a fine of up to £2,500 for dangerous cycling or £1,000 for careless cycling—are plainly inadequate to reflect the severity of incidents that result in serious injury or death. I therefore welcome that the Bill introduces the new offences of causing death by dangerous cycling, punishable with up to life imprisonment, and of causing serious injury by dangerous cycling, punishable with up to 5 years’ imprisonment. Those are severe sentences, but rightly so. In my view, they are reasonable and proportionate measures.
My noble friend Lady McIntosh spoke to her Amendment 341, which would remove the life sentence from the causing-death offence and replace it with 14 years’ imprisonment. With all due respect to her, I believe that, on this occasion, the Government have got the maximum penalty right. The penalties for the new cycling offences exactly mirror the penalties for causing death or serious injury by dangerous driving in the Road Traffic Offenders Act 1988. Causing death by dangerous cycling is just as serious as causing death by dangerous driving. As such, it is entirely appropriate for the punishments to be the same. However, we must do more.
While cyclists are required to abide by the Highway Code and other relevant traffic legislation, we know that far too many do not. We have heard many descriptions from across your Lordships’ House this evening of the conduct of cyclists in London and elsewhere. One only has to walk down Whitehall and over Lambeth Bridge to witness the appalling conduct of a number of cyclists. We heard from my noble friend Lady McIntosh about her own experience, from the noble Lord, Lord Russell of Liverpool, and from my noble friend Lady Neville-Rolfe.
All too often, cyclists jump red lights, and they fail to stop at pedestrian crossings. While we rightly take injuries and death caused by cycling very seriously, the far greater problem is the general nuisance caused by cyclists who do not abide by the rules of the road. We currently hold drivers to a far higher standard than we do cyclists, and, quite frankly, enforcement needs to catch up.
This is even truer with regard to electric cycles. My Amendment 346 would create a new offence of altering the maximum speed and the rate of acceleration of an electric bike. Currently, as the noble Lord, Lord Hogan-Howe, referred to, an electrically assisted pedal cycle is defined by 2015 regulations as being a bike with a maximum speed of 15.5 miles per hour and having an electric motor not exceeding 250 watts of continuously rated power output. Any bike with a maximum speed above that should be classed as a motorbike for the purposes of road traffic policing. In this regard, I agree entirely with Amendments 337F and 346B tabled by my noble friend Lord Blencathra and the noble Lord, Lord Hogan-Howe, respectively. The Bill as drafted focuses on cycles but does not explicitly include electrically assisted pedal bikes—e-bikes—or e-scooters. That legal ambiguity could quickly be exploited. Amendment 337F seeks to ensure that there is no loophole. Amendment 346B in the name of noble Lord, Lord Hogan-Howe, seeks to make absolutely clear that where an electric bike is capable of exceeding 15.5 miles per hour, it should be treated as a moped or motorbike for policing purposes.
These amendments complement the new offence that I am proposing through my amendment. By placing penalties and sanctions on those who might try to modify their electric bikes to increase the speed above the limit, we give the police the necessary enforcement powers to prevent anti-social and reckless cycling that places pedestrians in harm’s way. Many modern e-bikes are heavy, fast and capable of inflicting severe harm, especially if ridden irresponsibly on pavements or in pedestrian zones. To treat such vehicles as equivalent to push bikes would be to ignore both the mechanics and the risks.
On Amendment 337E, I wholeheartedly agree with my noble friend Lord Blencathra. Pavements are designated for pedestrians. Cyclists riding on pavements or in pedestrian-only areas pose a clear danger to the most vulnerable. By making it explicit that cycling on a pavement or in another pedestrian-only area counts as
“cycling without due care and attention”,
the amendment eliminates the ambiguity that currently hampers consistent enforcement. It is another aspect of a cyclist’s behaviour that should not occur but is all too often the norm. It reflects a simple principle of equity. Where a pedestrian is hit by a vehicle on the road, the driver of such a vehicle may be prosecuted for careless or dangerous driving. A pedestrian hit by a cyclist on the pavement deserves to be treated with no less seriousness.
I also support the amendments in the name of the noble Lord, Lord Hogan-Howe, relating to putting penalty points on driving licences for serious offences. That recognises the true severity of such offences. Misconduct on a bike should impact the standing of those with driving licences, especially where the behaviour demonstrates a disregard for road and pedestrian safety. On all these amendments, I look forward to hearing the Minister’s response.