Draft Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022

Gill Furniss Excerpts

Monday 28th February 2022 General Committees

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

I look forward to serving under your chairpersonship, Ms McVey.

I hope the Minister will answer a few questions. I would like to pick up on the last few words she uttered. Frankly, in my time in this place I have never known an SI to be suddenly found to be technically legally correct. I wonder if the Minister could explain exactly what technically legally correct is when, clearly, the SI is not correct in any shape or form. We will be going against the Public Passenger Vehicle Act 1981. In the letter that the Minister sent out about the disruption, it seems that it may affect around one case a week. How will it affect that one case a week? The Minister indicated that she wished to see the updated SI completed before this SI comes into being, but, I have to say, with the devastation of the new highway code that was introduced and the fact that nothing was done to warn people until after it had become law, I do not have much confidence that this SI will go through as quickly as we would like. If it does not go through as quickly as the Minister has indicated, what exactly will happen to those who are going to be affected, and what compensation can people access to mitigate this complete mistake by the Government? I am happy for the Minister to address that at the end.

I want to pay tribute to HGV and LGV drivers nationwide. They ensure that our supermarket shelves remain stocked and that vital medicines reach our pharmacies. During the coronavirus pandemic, they have been unsung heroes and deserve our deepest thanks. Goods drivers have been working under considerable pressure of late due to significant problems in the supply chain. Delays in transporting goods in and out of the UK meant that the intricate timescales to which they work were disrupted anyway. The problem has not been helped by the fact that we have a shortage of more than 85,000 HGV drivers in the UK. The Government have failed to address both the short and long-term factors behind this shortage. That has caused immense destruction and been a hammer blow to our economy.

I have significant concerns about the impact of the proposed legislation on operators of light goods vehicles. Under the EU-UK TCA, the Government are obliged to implement these new rules to mirror the new EU regulations. It is for that reason that the Opposition will not oppose this SI. However, the Government must ensure that it is implemented in a way that is fair and that does not place extra regulatory burdens on businesses and disrupt our economy even further.

I must also highlight the sheer length of this statutory instrument. It contains 135 regulations. In all my time in Parliament, I have never come across a statutory instrument that even comes close to that size. I understand the powers Ministers have given themselves under the EU withdrawal Acts to bring forward these changes, but I am concerned that these regulations are not being given the proper parliamentary scrutiny they require.

Turning to the content of the regulations, I am concerned that the Government are downplaying the impact they will have on business. In the explanatory memorandum accompanying this SI, the Government state that these requirements should

“not impose any particular burden on business.”

However, it is difficult to work out how exactly they have reached that conclusion. In the Government’s own consultation, 17 respondents objected to the changes on the grounds that they would increase regulatory burdens, while 18 were in favour. Some 12 organisations even said that it was likely that they would have to cease or reduce operations due to these regulations. That represents over 10% of total responses. Why then have the Government failed to complete a full impact assessment? Why have they blindly concluded that these regulations will not be a burden on businesses? What is the purpose of running a public consultation if the Government ignore the outcome?

For operators coming into scope for the first time, these new regulations will have a significant impact on their finances. They will cost them £658 each over the first five years and then £401 each for the subsequent five years. Firms operating LGVs are already working on razor-thin profit margins, and without the necessary Government support, they risk collapse. I urge the Minister to consider extra support to ease the transition, beyond the lacklustre support in this SI.

More widely, efforts must be galvanised to bring more people into the logistics sector. Long-term structural problems cannot be swept under the rug any longer. The workforce of drivers is ageing rapidly, with just 1% of HGV drivers under the age of 25. New regulations like these and the extra costs they bring risk alienating people from the industry even further.

The Government must improve working conditions in the sector. That includes investing in new, better-quality facilities for drivers so that they can rest, eat and sleep with dignity.

[John Spellar (Warley) (Lab)]

Is there not also a problem that when younger drivers have qualified, the insurance premiums when they start work, before they have two or three years’ experience, are huge? Should there not, therefore, be a Government scheme to encourage people in to spread that load and encourage more young people into what should, essentially, be a younger person’s industry, but very much has an older workforce?

[Gill Furniss]

I absolutely agree with everything that my right hon. Friend said. If we are to get on the right path to our economy growing, we must do everything possible to encourage new people into the industry—and new start-up businesses, too. As I said earlier, it is just another example of a barrier put in the way of achieving what we would like. The extra £32.5 million announced to upgrade driver facilities is, of course, welcome, but it is just a drop in the ocean for fixing the problem.

Another area that the Government must get right, if these regulations are to be successful, is publicity. It is right that the new licences will be available to apply for from tomorrow, but three months is a tight timescale for operators to become compliant. I therefore ask the Minister what steps she is taking to contact operators and firms impacted by the changes to ensure that they know exactly what they need to do. That also includes the earlier issues referred to by the Minister, which I have asked for answers on.

Unfortunately, raising awareness of important changes has not been a priority for the Minister’s Department; when significant changes to the highway code were implemented earlier in the year, it waited until over two weeks after they were in force to launch a publicity campaign. The same mistakes cannot be repeated as these new rules come into force.

I will finish by once again paying tribute to HGV drivers, LGV drivers and everyone else in the logistics sector. Their work is vital but, all too often, they are under-appreciated. As operators adjust to the new regulations, the Government must work with the sector and trade unions to provide the tools they need to make the transition as smooth as possible. That is essential for the longevity of the sector, all the jobs it supports, and our wider economy.

[Trudy Harrison]

I will try to run through some of the shadow spokesperson’s questions. To start, the “technically legal” phrase is because that is exactly what it is. It was perfectly legal, but this is about the policy aim of the actual SI. It became apparent, regrettably after the SI was laid, that the policy aim and intention of the SI would not be met, hence the requirement for resubmission.

The public service vehicle implications are really about an operator’s ability, should there be a challenge to the transport manager’s—not the driver’s—way of working, to bring them in front of a hearing. The hon. Member asks about what will happen if that does not go to plan; it would be using case law, which is what is currently being used to set the precedent for doing just that. I hope that is clear. It is not about the technical legality of the SI, but purely its policy aim.

[Gill Furniss]

I am still not clear on what the Minister just said. Clearly, the SI that we are talking about now comes into force tomorrow. Organisations will be able to apply from tomorrow. As we said earlier, the Minister is hoping that the next SI will start before this one, so is she actually moving the date for the beginning of this one, or will she just go ahead tomorrow and wait for the next SI? Could the Minister clarify that for me?

[Trudy Harrison]

It actually comes into force on 15 March, but I am referring to the SI that we are re-laying because of the irregularity in the initial presentation, which was because of the matter that I referred to earlier. On who it will affect, the hon. Member referred to a number of instances around how it would affect heavy goods vehicle drivers. Just to be clear, a heavy goods vehicle is over 3.5 tonnes. The measure is specifically for vehicles—including their trailers, potentially—between 2.5 tonnes and 3.5 tonnes; it is for light goods vehicles.

On what we are doing for heavy goods vehicle improvements for drivers, we have put 32 interventions in place, which have been really successful. We have seen a fabulous pick-up of people coming into the sector.

Some £32 million has been invested in infrastructure, including in truck stops and other measures to improve the wellbeing and welfare of the freight and logistics industry, which is about more than just truck drivers, and I will talk more about that throughout the next year, when we will be promoting work, jobs and careers in the industry. I had the joy of meeting some apprentices working in the freight and logistics sector during the Department for Education’s national apprenticeship week. The number of opportunities in the sector is vast, and we will be doing more to promote those opportunities over the coming months.

This measure falls below the de minimis level of £5 million, so an impact assessment was not required. The other aspect that is having an impact on our ability to recruit people into the sector is the boot camps, which we are working on with the Department for Education and which have been really successful.

I hope the shadow Minister will agree that we are taking tremendous steps forward to improve the recruitment and retention of people in the freight and logistics sector. This is a small, specific measure that will ensure that our relations with the EU can continue and UK drivers can continue to work in the EU without restrictions, which would be incredibly damaging to such a vital sector.

[Gill Furniss]

I am afraid that I cannot agree completely with the Minister. I agree to a degree about the things that the Government have put in place to recruit more drivers but, as I said earlier, £32 million is not a lot of money when we look at the infrastructure within which the drivers now have to work. There are other issues, about which I am sure the Minister is aware, including planning taking such a long time to get a better, newer way of ensuring that all the drivers have a dignified way of life while they are working and delivering things to our tables.

As my right hon. Friend the Member for Warley said earlier about the cost of insurance, I would like to see the Minister put forward a package of measures that will make a significant difference in the short term, not in the long term. We need proper action to do that. During the pandemic, these lorry drivers saved our bacon as well as delivering it. They were the unsung heroes who were out and about every day, travelling all over the continent and back to ensure our shelves were filled and that all things medical were delivered as well. Surely we owe them that thank-you to provide them with proper resources and Government support for them to do their jobs properly and with dignity.

[Trudy Harrison]

The shadow Minister and I agree on the value that is placed on the freight and logistics sector. That is exactly why we want to ensure that these regulations are in place to support this vital sector and the transport managers who will become an essential part of light goods vehicle transportation.

These changes are modest in scope and we have, in general, applied them to the minimum extent possible. With that in mind, I commend the regulations to the House.

Question put and agreed to.

Taxis and Private Hire Vehicles (Disabled Persons) Bill

Gill Furniss Excerpts

Committee stage
Wednesday 9th February 2022 Public Bill Committees

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

It is a pleasure to serve under your chairpersonship, Mrs Murray. I start by congratulating the right hon. and learned Member for Kenilworth and Southam on bringing the Bill forward and overcoming all the hurdles that private Members’ Bills face to get to this stage.

Disabled people across the country still face unacceptable barriers when going about their everyday lives, not least when travelling. Research shows that 60% of disabled people do not have a car, and public transport is still nowhere near accessible enough. Hence, for many disabled people, taxis are the only option if they are to continue to live an independent life. As the explanatory notes highlight, disabled people take on average twice the number of taxi journeys each year as those without disabilities. The Bill therefore presents a perfect opportunity to tackle discrimination against all disabled people when they use taxis and private hire vehicles. Its aims are commendable and have the full support of the Opposition.

I am proud of the last Labour Government’s landmark Equality Act 2010, which provides comprehensive protections against discrimination that is due to someone’s disability. It is in that spirit that I share the assessment in this Bill that specific rights already given to wheelchair users and those with guide dogs should be extended to all disabled people. The new obligations under clause 1 are eminently reasonable and have the potential to vastly improve the lives of people with disabilities.

I also welcome the provisions under clause 3, which require local authorities to maintain a list of wheelchair-accessible vehicles. Although the majority of local authorities do that already, we support making it mandatory. That will ensure that wheelchair users can quickly and conveniently book a taxi, safe in the knowledge that it will be accessible to them.

However, after a decade of austerity I am concerned about the capacity that local authorities have to create and maintain their lists. For instance, in my patch, Sheffield City Council has seen its spending power cut by £215 million since 2010—almost a half of its total budget. I note that in the explanatory notes the Department for Transport commits to publishing guidance for local authorities. I would welcome further details from the Minister about that and a commitment to providing administrative support to local authorities whose budgets are already stretched wafer thin. We must ensure that the lists are up to date and easily accessible across the entire country or the provision simply will not work.

I move on to the issue of enforcement. Although current legislation makes it an offence to refuse to carry a passenger on the basis that they have a guide dog with them, all too often we hear stories of people still being turned away for that reason. Given these new duties, we must ensure that people with disabilities are fully aware of their rights and know exactly who to turn to if they are ever denied them. It is also vital that taxi drivers have the adequate guidelines and training to match their new responsibilities. We must ensure that they have the confidence to assist people of all disabilities before, during and after their journeys. Guidance and training must cover how to provide safe and comfortable travel to people with all disabilities and make drivers aware of the specific adjustments that they may have to make.

It is our hope that the two-month period between the Bill’s being passed and its coming into force will be used by the Government to ensure that all taxi drivers are fully aware of their new obligations. The Bill will, of course, rightly penalise those who fail to live up to their responsibilities. However, it is our sincere hope that the primary outcome of this legislation will be a cultural change whereby people can safely and confidently use taxis without fear of being discriminated against due to their disability.

[Simon Baynes (Clwyd South) (Con)]

I consider the hon. Lady’s remarks to be very constructive and I strongly agree with them. I am sure she will join me in balancing the requirements of this private Member’s Bill, which are very necessary, against a recognition of the fantastic service that many taxi drivers and private hire vehicles have provided, particularly during the covid crisis. They have been a lifeline for many disabled and vulnerable people.

[Gill Furniss]

I completely agree. I represent an area where a large number of taxi drivers live. At one point, my son-in-law was a taxi driver; I praise him every day for his past service. He spent a lot of time taking renal patients to hospital in the early mornings. The job is about not just picking up people from the roadside but getting people to dialysis and children with special needs to school. It is something of a public service.

I invite the Minister to outline how she intends to work with local authorities to ensure that the message is effectively communicated to all taxi and private hire vehicle drivers.

I conclude by once again commending the right hon. and learned Member for Kenilworth and Southam for progressing the Bill and the Minister for giving it the Government’s support. The Bill will not put an end to the discrimination that disabled people continue to face every day, but it is a big step in the right direction. I look forward to working in the spirit of cross-party co-operation to ensure that it delivers on its aims.

[The Minister of State, Department for Transport (Wendy Morton)]

It is a pleasure to serve under your chairmanship, Mrs Murray, in this Committee to consider the private Member’s Bill of my right hon. and learned Friend the Member for Kenilworth and Southam. I put on the record my thanks to him for his dedication and hard work in bringing the Bill forward.

First, and most importantly, I would like to reiterate a point raised on Second Reading: the vast majority of taxi and private hire vehicle drivers provide a professional and first class service, as we have heard from hon. Members on both sides this morning. They strive to support all passengers, both disabled and non-disabled, including during the worst of the covid-19 pandemic. The Bill is not intended to unfairly penalise or put unreasonable burdens on these drivers—indeed, it will make things fairer for them. It is not right that some drivers have legal duties under the Equality Act 2010 while others do not. The Government remain committed to ensuring that disabled people have the same access to transport as everyone else, which is why I am pleased to confirm that the Bill has the full support of the Government.

At present, only wheelchair users and assistance dog users have the rights and protections under the 2010 Act concerning the use of taxis and private hire vehicles. Even those rights and protections do not apply consistently. Clauses 1 and 4 would rectify that by creating new duties to ensure that any disabled person who could reasonably travel in a taxi or private hire vehicle is protected against refusals and extra costs, and afforded reasonable assistance to make their journey in comfort and safety, regardless of their disability and whether the vehicle is wheelchair-accessible or not, provided that their wheelchair or mobility aids can be carried safely and reasonably in the vehicle.

I am pleased to say that the Bill would go further than rectifying that inconsistency. In addition, it would afford disabled passengers assistance in identifying the vehicle where appropriate. Crucially, it would also strengthen existing duties. Clauses 1, 3 and 5 would tighten the wording in the 2010 Act to ensure that the duties are appropriately defined. In particular, clause 3 would remove the postcode lottery for the duties applied to wheelchair-accessible taxis and private hire vehicles by requiring all local licensing authorities to maintain and publish a list of wheelchair-accessible taxis and private hire vehicles. That is currently not a requirement.

Although I am pleased that 70% of authorities in England have none the less chosen to provide such a list, 30% still do not. The Bill will address that, ensuring that drivers of vehicles on such lists will be subject to the relevant duties. I am satisfied that defences are in place for cases in which a driver could not reasonably have known that a passenger was disabled or required mobility assistance, or could not reasonably or safely have carried the passenger and their wheelchair or mobility aids.

Oral Answers to Questions

Gill Furniss Excerpts

Thursday 3rd February 2022 Commons Chamber

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

Last year, the Chancellor told people to enjoy National Pothole Day before the potholes were all gone. He then slashed the road maintenance budget by £400 million—enough to fix millions of potholes. Thanks to those broken promises, the roads Minister’s own community has become the pothole capital of England. The Government talk about levelling up, but in reality they cannot even level up the surfaces of our roads. When will the Minister get a grip, reverse these broken promises and deliver the funding that communities need to sort out the mess on our roads?

[Trudy Harrison]

Actually, at the spending review, the Government announced £2.7 billion over the next three years for local road maintenance in places not receiving those city region settlements, which is enough to fill in millions of potholes a year, repair dozens of bridges and resurface thousands of miles of road. The three-year settlement will help local authorities plan effectively for managing their highway assets, tackling those potholes and other road defects across local road networks.

Oral Answers to Questions

Gill Furniss Excerpts

Thursday 28th January 2021 Commons Chamber

[Chris Heaton-Harris]

I thank my hon. Friend for his wise question. We are actively working with the train operators he mentions and others to develop a solution that offers better value and convenience for those who will be commuting flexibly in the future, and we will provide further details in due course.

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

  Taxi drivers in my constituency have gone above and beyond the call of duty during the pandemic to provide safe and reliable transport for essential journeys. However, some have been excluded from the self-employment income support scheme. Will the Minister commit to providing the financial assistance necessary to ensure that all taxi drivers are able to keep their businesses going during these terrible times?

[Chris Heaton-Harris]

The hon. Lady has raised the issue of self-employed taxi drivers and the grants they have received during the first three rounds of the self-employment income support scheme previously. We have announced several measures that are available to UK businesses, including the taxi and private hire sector, to support them through this challenging time, including that scheme. Over the first three rounds of the scheme, up to £21,570 has been made available for those eligible, but I will happily speak to her about those who have fallen through the gap that she mentions to see what we can do.

Oral Answers to Questions

Gill Furniss Excerpts

Thursday 11th October 2018 Commons Chamber

[Ms Ghani]

Bedford station is, I believe, fitted for step-free access. It is unfortunate that the lifts are broken and that they have not been repaired quickly. Hopefully, the hon. Gentleman raising the matter today will alert GTR and Network Rail to the need to get their act into gear. I know that taxis are available for passengers who need the service, but the lifts should be fixed.

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

Government cuts have forced local authority bus budgets in England and Wales to be cut by more than £20 million last year. Services such as the No. 3 bus in Wincobank in my constituency have been reduced, affecting the elderly and those with mobility issues. What are the Government doing to ensure the provision of sustainable and accessible public transport in areas such as my constituency, particularly in view of the Prime Minister’s announcement that austerity is now over?

[Ms Ghani]

Budgets to support our buses are helping bus services up and down the country, and patronages are changing depending on where people are in the country. The hon. Lady is right to say that disabled people tend to take buses more than other forms of transport, but if local authorities work closely with bus operating companies they can increase access and patronage. In areas such as Liverpool, Bristol and South Gloucestershire, patronages have gone up. Bus companies can do a lot to ensure more accessibility, from using technology to ensuring that the buses themselves are more accessible.