Session 2007/2008

First Report

Committee for the Environment

Report on the Taxis Bill (NIA 4/07)

TOGETHER WITH THE MINUTES OF PROCEEDINGS, MINUTES OF EVIDENCE
AND WRITTEN SUBMISSIONS RELATING TO THE REPORT

Ordered by Committee for the Environment to be printed 29 November 2007
Report: 10/07/08R (Committee for the Environment)

Membership and Powers

The Committee for the Environment is a Statutory Departmental Committee established in accordance with paragraphs 8 and 9 of the Belfast Agreement, section 29 of the Northern Ireland Act 1998 and under Standing Order 46.

The Committee has power to:

Consider and advise on Departmental budgets and annual plans in the context of the overall budget allocation;
Consider relevant secondary legislation and take the Committee stage of primary legislation;
Call for persons and papers;
Initiate inquires and make reports; and
Consider and advise on any matters brought to the Committee by the Minister for Health, Social Services and Public Safety

The Committee has 11 members including a Chairperson and Deputy Chairperson and a quorum of 5.

The membership of the Committee since 9 May 2007 has been as follows:

Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Billy Armstrong
Mr Trevor Clarke
Mr David Ford
Mr Tommy Gallagher
Mr Samuel Gardiner
Mr Alex Maskey
Mr Ian McCrea
Mr Daithí McKay
Mr Peter Weir

Report

Executive Summary

Recommendations

Introduction

Consideration of the Bill by the Committee

Clause by clause consideration of the Bill

Appendix 1

Minutes of Proceedings

Appendix 2

Minutes of Evidence

Appendix 3

Written Submissions

Appendix 4

List of Witnesses

Appendix 5

Other papers submitted to the Committee

Executive Summary

Purpose

This report sets out the Committee for the Environment’s consideration of the Taxis Bill.

Key Issues

The introduction of the Taxis Bill was welcomed by the Committee. The Committee considered that the key issues relating to the Bill were:

Enforcement
Disability Issues
Criminal Records Checks
Training
Taxi Sharing Scheme
Taxi Marshals
Taxi Plates
Role of Consumer Council
Informal Appeals Mechanism
Role of Traffic Attendants
Fees
Taxi Touts
Funeral Cars

Members sought a balanced range of views as part of their deliberations on the Taxis Bill and requested evidence from interested organisations and individuals as well as officials from the DOE. The views of the Consumer Council were also sought on the potential impact of the Bill on consumers.

Enforcement

A recurring issue of concern to members was enforcement. The Committee heard evidence from taxi drivers and taxi organisations that there was a need for greater levels of enforcement and a need for more resources. The Committee took oral evidence from enforcement officials at the meeting on 18 October and welcomed the news that a bid had been made for more enforcement officers. However, the Committee still had serious concerns about the effectiveness of the current team. The Committee made a recommendation on enforcement, see page 4, paragraph 1.

Disability Issues

The Committee took evidence from the Inclusive Mobility Transport Advisory Committee (IMTAC) at its meeting on 27 September and from Disability Action at the meeting on 11 October. Members were concerned to hear about the extreme problems that disabled people had experienced using taxis and to hear that there were real concerns about vehicle standards for wheelchair accessible taxis. The Committee made a recommendation on disability issues see page 4, paragraph 2.

Criminal Records Checks

Members were concerned to hear that criminal records checks carried out by the Department did not extend to the Republic of Ireland or to foreign nationals. The Committee felt that it was not sufficient for the Department to merely state that it would only give a licence to someone that it considered to be a fit and proper person and felt that the procedures relating to repute and criminal records checks needed to be tightened. The Committee made a recommendation on criminal records checks, see page 4, paragraph 3.

Training

The Committee was fully supportive of the Department’s intention to introduce training for all taxi drivers but were concerned that some drivers of lower educational standards, who may have been taxi drivers for many years, may suffer as a result.

Taxi Sharing Scheme

The Committee was generally supportive of the idea of a taxi sharing scheme but was concerned about the workings of such a scheme and how it could be enforced. One member, Mr Clarke, was against the proposals for taxi sharing.

Taxi Marshals

Members were concerned about the role of taxi marshals and their possible powers and felt that more thought needed to be given to how this would work on the ground. It was felt that there was an overlap between any potential enforcement powers that they may, or may not, have and the role and powers of enforcement officers and there was a lack of clarity on what the role of a marshal may be in certain circumstances.

Taxi Plates

The Committee was concerned to hear evidence from taxi drivers that it could take up to 6 weeks for the issuing of taxi licence plates when a driver changes vehicles. This meant that drivers were unable to work and lost income as a result. The Committee made a recommendation on taxi plates, see page 4, paragraph 4.

Consumer Council Role

The Committee took evidence from the Consumer Council who argued that their role should be embedded within the legislation. The Committee agreed with the Consumer Council’s views and asked that the Department provide a greater role for the Consumer Council within the Bill.

Informal Appeals Mechanism

The Committee was concerned that there was no informal appeals mechanism in relation to issuing of licenses for drivers and operators. The Committee suggested an amendment to provide for an informal appeals mechanism and the Department agreed to this.

Role of Traffic Attendants

The Committee thought that it would be useful for attendants to enforce any parking infringements by taxis at ranks or elsewhere.

Fees

The Department wanted to have the potential within the Bill to charge fees in respect of appeals to the Department. Members felt that as taxi drivers were going to be burdened with compliance costs it would be unfair to ask them to pay for appeals in the future. Members did not agree to this proposed amendment by the Department and the Department agreed to withdraw it.

Taxi Touts

The Committee was concerned about the definition of taxi touts and sought clarification from Departmental officials. The officials explained that it was trying to set a wide net for the offence of taxi touting but that it needed an exemption for taxi marshals. The Committee was satisfied with the Department’s response on this issue.

Funeral Cars

The Committee noted that the National Association of Funeral Directors (NAFD), had requested an exemption from the Taxis Bill. The Committee was content with the Department’s response that traditionally in Northern Ireland, funeral cars have been regarded as public service vehicles and have been licensed as taxis. They are granted many exemptions from certain requirements, such as those for signage and taximeters. The Committee noted that should a strong case be made by NAFD in favour of a complete exemption either now or in the future provision can be made for this by subordinate regulation.

Enabling powers

The Committee noted that the Bill would introduce enabling powers to make regulations in a number of areas such as the hiring of taxis at separate fares, the regulation of taxis, taxi operator’s licenses and enforcement. The Committee looks forward to receiving the policy proposals for these regulations in due course, which will be subject to Committee scrutiny.

Recommendations

Enforcement

The Committee heard evidence from individual taxi drivers and taxi organisations that resources for the team of enforcement officers were inadequate to allow them to police an industry of 11,000 taxis. The Committee recommends that the Department increases the team of enforcement officers as soon as possible and provides them with the resources necessary to carry out their duties.

Disability Issues

The Committee heard evidence from the Inclusive Mobility Transport Advisory Committee (IMTAC) and Disability Action that disabled people were being discriminated against in terms of extra charges for carrying luggage and extra charges for waiting the few extra minutes that a disabled person may need to get into the taxi; Taxi drivers complain that walking aids have scraped paintwork on cars; refusal of some drivers to move seats to give extra leg room; difficulty with storage of mobility enhancements, such as crutches; and extra charges for guide dogs for the blind, or, as is more often the case in Northern Ireland, refusal to transport them. The Committee is extremely concerned at this evidence and recommends that the Department engages urgently with IMTAC, Disability Action and representatives of the Taxi Industry to address these issues.

Criminal Records Checks

The Committee was concerned to hear that criminal records checks on licence applicants do not extend to the Republic of Ireland or foreign nationals. The Department confirmed to the Committee that it would review the current driver licensing regulations when it comes to implementing the Taxis Bill. The Committee recommends that the Department review this as soon as possible and extend the criminal records checks to the Republic of Ireland and foreign nationals.

Taxi Plates

The Committee heard evidence from taxi drivers that it could take up to 6 weeks for the issuing of taxi licence plates when a driver changes vehicles. This meant that drivers were unable to work and lost income as a result. The Committee recommends that a fast track system is introduced for the issuing of taxi licence plates to ensure that a driver is not prevented from working any longer than is necessary.

Introduction

The Taxis Bill (NIA 4/07) (the Bill) was referred to the Committee for the Environment for consideration in accordance with Standing Order 31(1) on completion of the Second Stage of the Bill on 26 June 2007.
The Minister of the Environment (the Minister) made the following statement under section 9 of the Northern Ireland Act 1998:

“In my view the Taxis Bill would be within the legislative competence of the Northern Ireland Assembly.”

The Bill proposes a new legal framework for the regulation of taxis and taxi services. It covers the licensing of taxi operators, drivers and vehicles, fares and taximeters, hiring of taxis at separate fares, enforcement and penalties.
During the period covered by this Report, the Committee considered the Bill and related issues at 17 meetings - on 24 and 31 May 2007; 7, 14, 21 and 28 June 2007; 5 July 2007; 6, 20 and 27 September; 4, 11, 18, and 23 October; 8, 15 and 22 November. The relevant extracts from the Minutes of Proceedings for these meetings are included at Appendix 1.
The Committee had before it the Taxis Bill (NIA 4/07) and the Explanatory and Financial Memorandum that accompanied the Bill.
On referral of the Bill to the Committee after Second Stage, the Committee inserted advertisements on 29 June 2007 in the Belfast Telegraph, Belfast Telegraph North West edition, Irish News and News Letter seeking written evidence on the Bill.
A total of 18 organisations/individuals responded to the request for written evidence and a copy of the submissions received by the Committee is included at Appendix 3.
The Committee was first briefed by officials about the consultation stages and policy development of the Taxis Bill on 24 May 2007 and took evidence on the Bill from Departmental officials on 31 May, 7 and 28 June 2007; Mr Samuel Egerton, the West Belfast Taxi Association and Mr Robert McAlister on 13 September 2007; North West Taxi Proprietors and the Consumer Council on 20 September; Inclusive Mobility and the Transport Advisory Committee, London Taxis International, T+G Section of Unite, the Transport and General Workers’ Union and Mr Anthony McCloskey from the George Belfast City Airport Taxi Rank on 27 September; Eamon Grogan and Raymond Dempster from the Accessible Taxi Association NI, Mr Terence Maguire, Mr William Black and Mr James McVeigh and Mr Brian Press, from the International Airport Taxi Co on 4 October; Mr Kevin Doherty, Disability Action and Departmental officials on 11, 18 and 23 October. The Minutes of Evidence are included at Appendix 2.
The Committee began its clause by clause scrutiny of the Bill on 18 October and concluded this on 8 November – see Appendix 2.

Extension of Committee stage of the Bill

On 17 September 2007, the Assembly agreed to extend the Committee Stage of the Bill to 7 December 2007.

Report on the Taxis Bill

At its meeting on 22 November, the Committee agreed its report on the Bill and agreed that it should be printed.

Consideration of the Bill by the Committee

The Bill has 6 Parts and 3 Schedules as follows -

Part 1 on the regulation of taxi operators. This introduces the requirement for a taxi operator to apply for and obtain a taxi operator’s licence and imposes duties on licensed operators. It also introduces requirements and duties relating to the operation of taxi services at separate fares.
Part 2 on the regulation of vehicles used to provide taxi services. This includes more flexible and extensive powers for the Department to set appropriate suitability requirements for vehicles, as regards their type, size and design. It also gives the Department powers to set the maximum rates and fares that can be charged for the hire of a taxi and to require all taxis to have taximeters and receipt printers.
Part 3 on the regulation of drivers of taxis. It amends the existing legislation by reducing the period of a taxi-driver licence from 5 to3 years, bringing it into line with taxi-driver repute checks.
Part 4 on licences: general provisions. This contains the general provisions for the licence that can be applied for and includes provisions relating to fees, applications, suspensions, revocations, curtailments and appeals.
Part 5 on enforcement. This gives the police and Department powers to stop, search and seize vehicles believed to be taxiing illegally and to inspect premises under warrant where there are reasonable grounds for suspecting that a person is operating an unlicensed taxi service.
Part 6 on miscellaneous and general matters. This provides for a number of general issues relating to the operation of the Bill, including sharing information, payment of grants and the provision of training.
Schedule 1 – entries to be inserted in the Road Traffic Offenders (Northern Ireland) Order 1996. This schedule lists the offences and penalties that will be included under the Bill.
Schedule 2 – minor and consequential amendments
Schedule 3 – repeals

17. On 31 May, 7 and 28 June and 11 October 2007 the Committee took evidence from Departmental officials on the proposals for the Bill – see Appendix 2. At the evidence session on 31 May 2007, the Committee was advised that the Department had carried out a review of the taxi industry and undertaken a major consultation exercise in 2005. The areas of concern at that time were considered to be the extent of illegal taxi activity; inaccessibility by people with disabilities; the absence of requirements for the training and testing of drivers; under-provision of taxis at peak times; lack of a clear distinction between public and private-hire taxis and the regulation of fares. Members also asked officials about the introduction of a single tier system; enforcement; the regulation of stretch limousines and emission tests.
18. On 7 June, the Committee took evidence from the Department on the consultation exercise it had carried out in 2006 on the proposed legislation and was advised that as a result of the initial consultation in 2005, the Department had changed a number of its proposals. These were 1) the introduction of taximeters with receipt printers would now be phased in; 2) there would be provision for exceptions to the general rule that drivers could only be affiliated to one operator as this could be restrictive especially in rural areas; 3) the annual re-issue of taxi plates would no longer be a requirement. The re-issuing of taxi plates will become an operational matter rather than a legislative one. Officials also advised that some of the issues raised by respondents as matters to be included in the Bill were already provided for in legislation such as the requirement for drivers to display identification. The Committee was also informed that were still some concerns about the possible removal of the two tier system. It was pointed out that although the Taxis Bill would allow for a one tier system, it did not rule out a two tier system. That would be a matter for consideration when the subordinate legislation was being drawn up.
The Committee noted the results of the equality impact assessment, the regulatory impact assessment and the rural proofing exercise. Members asked officials about the duration of taxi licences, the positioning of taxi ranks, the testing and training of taxi drivers and accessibility of taxis.
There was a further evidence session with Departmental officials on 28 June 2007, following Second Stage of the Bill on 26 June 2007, when the Committee was briefed on the main provisions of the Bill. Members asked officials about full cost recovery, enforcement, the revocation of licences, costs of PSV tests, the one tier system, accessibility issues and the delay in providing taxi licence plates.
On 11 October 2007, the Committee was briefed by the Department on a number of technical and consequential amendments to the Bill which the Minister intended to table at Consideration Stage - see Appendix 5. The Committee also took evidence from Departmental officials on enforcement issues.

Evidence from Mr Samuel Egerton, the West Belfast Taxi Association and Mr Robert McAllister on 13 September 2007

On 13 September 2007 the Committee took evidence from Mr Egerton, West Belfast Taxi Association and Mr McAlister - see Appendix 2. Mr Egerton advised that he had serious concerns about the Bill. These covered a number of aspects including the impact of the regulations on single operators particularly in relation to costs; the abolition of the two tier system and the estimated knock-on effect on jobs; problems with enforcement and inadequate taxi ranks. Mr Egerton was also asked about the concerns set out in his written submission to the Committee (see Appendix 3), in relation to the appeals procedure set out in clause 34 and his views that there should be some intermediate system before a referral to court.
The West Belfast Taxi Association advised that it recognised the need for the Bill and was a key stakeholder in the consultation that led to its development. It listed a number of concerns which it had about the Bill and suggested amendments to some of the clauses. These included the impact on fares of increased regulatory demands; that there should be a requirement for a check of drivers against the sex offenders register; holders of existing operator licences should not be required to obtain new licences; that applications for additional taxi-sharing schemes, where these already existed, must demonstrate the need for such a scheme; the legislation should provide that there should be no differential in the application of taxi charges irrespective of able bodied or non-able bodied usage and there should be provisions in relation to child safety. The Association advised the Committee that it agreed in principle with the one-tier system for all and considered that the issue of training, which was currently undergoing consultation, should be addressed once this had been completed.
Mr McAllister set out his concerns that the proposals would allow private-hire taxis which were not wheel chair accessible to pick up members of the public who had not pre-booked. He advised the Committee that he considered that there were too many taxis in Belfast, not enough public-hire taxi ranks and too few enforcement officers. In his view a one tier system for Belfast would be wrong. It would exacerbate the over abundance of taxis, lead to further reductions in earnings and reduce the availability of wheelchair accessible taxis.

Evidence from North West Taxi Proprietors and the Consumer Council on 20 September 2007

The Committee took evidence from North West Taxi Proprietors and the Consumer Council on 20 September 2007 – see Appendix 2. The North West Taxi Proprietors stated that in principle they agreed with almost all of the content of the Bill and welcomed the proposals to introduce operator licences. They considered that as well as setting a maximum fare, the Department should also set a minimum fare and agreed that all taxis should have a taximeter. They pointed out that cost would be an issue with a number of the proposals such as training, accessibility for older people and people with disabilities and this was of concern. In addition, they called for additional information on the costs of the proposals for taxi drivers, a time frame for the implementation of the changes from the Department, a new enforcement strategy and detail on designated areas.
The Consumer Council advised that it strongly supported the key objectives of the Bill. Research which it had carried out indicated that consumers had real concerns about charging and that there was a lack of consumer knowledge about rights and protection. The Consumer Council wished to see a more passenger-focused system with accessibility, availability and affordability. It welcomed the reference in the Bill to the need for the Department to take into account any recommendations made by the Council in authorising separate fares and suggested that the Bill should also require the Department to consult the Council on fare setting, passenger information, accessibility standards and the handling of passenger complaints. The proposals in relation to training were welcomed and the Council advised that enforcement was central to the success of the Bill.

Evidence from Inclusive Mobility and the Transport Advisory Committee, London Taxis International and Mr Sean Smyth T+G Section of Unite, the Transport and General Workers’ Union and Mr Anthony McCloskey from the George Belfast City Airport Taxi Rank on September 27 2007

The Committee took evidence from these groups at its meeting on 27 September 2007 – see Appendix 2.
The Inclusive Mobility and the Transport Advisory Committee (IMTAC) advised the Committee that taxis provided a key service for disabled people. However, disabled people had experienced extreme problems in using taxis, there was a lack of availability of accessible taxis when disabled people wanted to travel and there was evidence of extreme discrimination in relation to charging. It broadly supported the Bill and felt that the Department had come up with a balanced approach to the requirements of taxi users and operators. In particular, IMTAC supported operator licensing, the proposals in relation to setting a maximum fare, taximeters and driver training. IMTAC informed members that they also had real concerns about vehicle standards and vehicle safety and pointed out that while the focus tended to be on wheelchair users, standards of vehicle accessibility were required for a broad range of people. There were also concerns about the lack of accessible vehicles outside Belfast and in rural areas.
The Committee also took oral evidence from London Taxis International (LTI) and Mr Sean Smyth, T+G Section of Unite, on 27 September 2007. Mr Smyth advised the Committee that Unite had serious concerns about certain issues. These included the proposed changes in the way in which public-hire taxis would operate in Belfast. Unite considered that these would be to the detriment of the public-hire taxi drivers and would lower the number of accessible taxis in the city. There were also concerns about the delay in the issuing of plates as vehicles cannot operate without plates and this could mean that a driver could be unable to work for some weeks. Mr Smyth informed the Committee that although Unite supported the proposals in relation to taximeters it did not support the setting of a maximum fare and considered that it would be better to have a uniform, single rate that would vary at different times of the day. Fares should be set via negotiations involving the Department and the Consumer Council and the PSNI should have full enforcement rights on taxi legislation. London Taxis International advised that it supported the training of drivers and recognised that there was a need for better standards for taxis. However they had serious concerns about the impact of the Bill in Newry, Cookstown, Enniskillen, Armagh and Belfast. If private–hire taxis were permitted to pick up on the street, that would have a dramatic impact on drivers’ incomes. LTI suggested two amendments to clause 20 which it felt would secure the provision of disabled-accessible vehicles that could be hired on the street and the provision of non-accessible taxis that can operate a pre-booking service.
Oral evidence was then heard from the Transport and General Workers’ Union. The Union raised concerns about the effect that it considered the introduction of a one-tier system in Belfast would have on drivers’ incomes and advised the Committee that there were insufficient taxi ranks in the city which affected the ability of drivers to increase their income. The Union also felt that the proposals in the Taxis Bill would decrease the number of accessible taxis in Belfast. The Union pointed out that it did not know what the Department might charge for the proposed taxi driver test; it also had concerns about the use of taximeters and considered that the introduction of a maximum fare would cause chaos. Another area which the Union felt should be given further consideration by the Department was the introduction of guidance for taxi drivers setting out the various rules and regulations.
The last person to give oral evidence on 27 September 2007 was Mr McCloskey from the George Best Belfast City Airport Taxi Rank. He advised that his group supported the one-tier system as long as it included wheelchair-accessible taxis. It considered that all taxis should have meters and that a maximum fare should be set at the highest possible rate. It also felt that getting a licence should involve going on a four or five day training course which would include a driving test, aptitude and knowledge tests and IMTAC training. In relation to enforcement, the group considered that the enforcement powers should be extended to the Belfast Harbour police as the airport was part of the harbour estate. Finally, Mr McCloskey suggested an amendment to the Bill which would provide for a zone in Belfast in which the only type of taxi that would be allowed to ply for hire would be an accessible vehicle.

Evidence from Accessible Taxi Association Northern Ireland, Mr Terence Maguire, Mr William Black and International Airport Taxi Co Ltd on 4 October 2007

The Committee took oral evidence from these groups on 4 October 2007. The Accessible Taxi Association NI (the Association) advised the Committee that Association drivers are sole traders and that the Bill would place an extra burden on them as they would each, for example, have to pay for an operator’s licence. It also had concerns about the requirements that those holding an operator’s licence would need to keep records, as this would mean that drivers who could not read or write would not be able to meet the required standards. The Association informed the Committee that it had previously been told by the Department that Belfast public-hire taxis would be exempt from having to hold such a licence but that no such exemption was provided for in the Bill. It proposed that the Bill should be amended to provide for such an exemption. In addition the Association was opposed to a one-tier system as this would allow all drivers to pick up on the street and therefore put public-hire taxis at a distinct disadvantage. The Association would therefore like the two-tier system to be retained. Other issues of concern to the Association were the proposals in relation to designated areas, training for drivers as this may pose problems for drivers with literacy difficulties and problems with enforcement.
The Committee then heard from Mr Trevor Maguire. He raised concerns about the lack of taxi ranks in Belfast and about the problems which he felt would be created for taxi depots if people were permitted to hail private-hire taxis in the street. He advised the Committee that a one-tier system would be unfair to public-hire taxi drivers and that all taxis in Northern Ireland should be wheelchair accessible. Mr Maguire also raised concerns about enforcement and suggested that this should be a matter for local councils.
Mr William Black then gave evidence to the Committee. He advised the Committee that he considered that the proposal to classify all vehicles, including hackney cabs public and private-hire vehicles, as taxis was confusing and did not reflect what was happening elsewhere in the United Kingdom. He also stated that he felt that if the two-tier system was not kept in Belfast it would mean fewer accessible taxis available for hire and pointed out that the Department had advised the Committee that respondents to the consultation exercise had narrowly preferred the two-tier system. In addition he outlined concerns about possible loss of revenue and increased costs which could arise because of receipt printers, meters, training courses, the operator’s licence and PSV tests.
The last group to give evidence on 4 October 2007 was the International Airport Taxi Company Ltd. The Company advised the Committee that in addition to the two-tier system there was also a third tier of public and private hire outside Belfast and drivers could operate from a taxi rank, through a depot or by mobile phone. He also drew the Committee’s attention to the overheads which could arise as a result of the legislation. The Company considered that the proposal, that all taxis working from a taxi rank would have to be wheelchair accessible, would put them at a disadvantage and would affect small country areas such as villages and towns. The Committee was advised that the Company had received a letter from the Department stating, inter alia, that the passing of the Taxis Bill would not automatically mean that all airport taxis would have to become accessible nor would the way that taxis are presently operated by immediately affected. Finally, it pointed out that it had a robust complaints system and strict disciplinary code in place and these were lacking in some other parts of the industry.

Evidence from Mr Kevin Doherty, Disability Action on 11 October 2007

The Committee took evidence from Disability Action on 11 October 2007. Mr Doherty advised the Committee that disabled people often relied on taxis as their only means of mobility but attitudes, safety, charging, inaccessibility of information and lack of communication made journeys dangerous, uncomfortable and overly expensive. He outlined in some detail the problems which people with disabilities experienced in using taxis and proposed amendments to a number of clauses. These were to clause 2(5) to include a reference to the number or percentage of taxis which should reach an agreed level of accessibility; clause 3(2) which should contain provision that licensed operators should be required to have a designated SMS number, text or other device that would enable deaf people to access the booking system; clause 3(9) which should provide for accessible complaints methods for disabled users; clause 13(3)(a)(ii) should include accessibility as a condition for grating a taxi licence; exorbitant fares charged to disabled people should be challenged by clause 16(1)(b); the highest penalties for overcharging should be imposed under clause 16(3) and a further clause should be added regarding the carriage of assistance animals.

Evidence from the Department of the Environment on 11 October

The Committee took evidence from the DOE Enforcement Officers on 11 October 2007. The officials gave an outline of the utilisation of additional resources that had been made available to the DVTA enforcement team via an increase in taxi-licensing fees in 2003. The officials described the role of an enforcement officer, methods of operation and gave statistics of operations carried out and penalties awarded. They then described how best to approach the current problems that exist by the industry, including the training of officials, education of drivers and operators, and increased awareness within the general public. They advised that a DVA restructure of the enforcement section had taken place, resulting in an increase in the taxi enforcement team. It was acknowledged that existing staff numbers are insufficient and that more are to be recruited when the Bill comes into effect.

Evidence from the Department of the Environment on 11 October

The Committee took evidence from Departmental officials at the meeting on 11 October in relation to the technical amendments to the Bill. Members sought clarification on the amendment to clause 42 and the offence of taxi touting. Members also sought further clarification on the proposed role for taxi marshals and their functions. The Committee asked for further information in relation to the proposed amendment to clause 53 dealing with taxi bye laws, and members wished to know if the bye laws covered all of Northern Ireland or only council areas.

Proposed Departmental Technical Amendments

The Committee discussed the proposed list of Departmental technical amendments at the meeting on 11 October. These amendments were described by the Department as minor drafting amendments which did not involve any policy changes. A copy of these amendments is attached at Appendix 5. The Committee sought clarification on amendment number 6 but was content with the other technical amendments.

Evidence from the Department of the Environment on 18 October 2007

The Committee took evidence from Departmental officials at the meeting on 18 October. Officials briefed the Committee on clauses 1-21 of the Bill and answered members’ queries. The officials answered members’ queries on operator’s licences, training, an informal appeal mechanism, the role of the Consumer Council, the hiring of taxis at separate fares, a taxi sharing scheme, enforcement, taxi plates, maximum fares, taxi marshals and traffic attendants.

Evidence from Department of the Environment on 23 October 2007

The Committee took evidence from Departmental officials at the meeting on 23 October. Officials briefed the Committee on clauses 22-58 of the Bill and answered members’ queries. The officials answered members’ queries on criminal records checks, compliance costs, enforcement, taxi touting, taxi marshals, convictions, zoning and the Consumer Council’s role.

Key Issues

Having considered the oral and written evidence from the interested individuals and organisations the Committee identified a number of key issues on which further advice was sought from the Department. These were:

Enforcement

The Committee heard evidence from taxi drivers and taxi organisations that there was a need for greater levels of enforcement and a need for more resources. Members felt that a team of 5 officers to enforce an industry of 11,000 taxis was totally inadequate. The Committee took oral evidence from enforcement officials at the meeting on 18 October and welcomed the news that a bid had been made for more enforcement officers. However, the Committee still had serious concerns about the effectiveness of the current team.

Disability

The Committee was concerned to hear evidence from the Inclusive Mobility Transport Advisory Committee (IMTAC) and Disability Action that persons with a disability were being discriminated against in terms of extra charges for carrying luggage; extra charges for waiting a few extra minutes that a disabled person may need to get into the taxi; taxi drivers complaining that walking aids have scraped paintwork on cars; refusal of some drivers to move seats to give extra leg room; difficulty with storage of mobility enhancements, such as crutches; and extra charges for guide dogs for the blind or refusal to transport them. The Committee wrote to the Department to enquire if any investigations had been carried out into discrimination against disabled people using taxis. The Department replied that no investigation had taken place as no allegations of discrimination have been made to them. The Committee is extremely concerned at this evidence and recommends that the Department engages urgently with IMTAC, Disability Action and representatives of the Taxi Industry to address these issues.

Criminal Records Checks

The Committee was concerned to hear that criminal records checks on licence applicants do not extend to the Republic of Ireland or foreign nationals. The Department stated that the current process of checking criminal records does not systematically involve checking records in the Republic of Ireland and that when it comes to implementing the Taxis Bill, the Department will need to review the current driver licensing regulations. Members remain concerned at this issue and recommend that the Department consider the extension of checks to the Republic of Ireland and foreign nationals.

Training

The Committee was fully supportive of the Department’s intention to introduce training for all taxi drivers, particularly in relation to disability. However, members remain concerned that training may have an adverse impact on existing drivers that have lower educational standards and feel that the training needs to be tailored accordingly.

Taxi Sharing Scheme

The Committee asked for clarification on the hiring of taxis at separate fares and how the proposals in the Bill to regulate charging separate fares would be enforced. This prompted members to ask for a worked example from the Department for any proposed taxi-sharing scheme. The Department provided an example for the meeting on 8 November which showed that passengers and taxi drivers using the shared taxi scheme would both benefit financially from such a scheme and the Committee agreed to the taxi sharing scheme proposal. However, one member, Mr Clarke was not content with the taxi sharing scheme, believed the sample fare table provided was totally unsatisfactory and asked that his opposition to the scheme be noted.

Taxi Marshals

The Committee sought clarification on the potential role of a taxi marshal and whether the role may be one of management rather than enforcing order. The Committee sought an amendment to clause 20 to reflect the role of a marshal as one of management rather than enforcement. The Department agreed to this proposed amendment.

Taxi Plates

The Committee took evidence from several taxi drivers who stated that it was taking up to six weeks for taxi plates to be issued when a driver changes vehicle. This meant that drivers were unable to work and lost income as a result. The Committee feels this is an unacceptable situation and recommends that a fast track system is introduced for the issuing of taxi licence plates to ensure that a driver is not prevented from working any longer than is necessary.

Consumer Council Role

The Committee heard evidence from the Consumer Council who argued that their role should be embedded in the legislation by making amendments in relation to passenger complaints, fares and passenger information. The Committee agreed with the Consumer Council’s views and asked that the Department provide a greater role for the Consumer Council within the Bill. The Department met with the Consumer Council and it was agreed that their role would be embedded within the Bill by making several amendments to several clauses.

Informal Appeals Mechanism

The Committee was concerned that the Bill did not provide for an informal appeals mechanism on Departmental decisions on licensing and licences authorising separate fares and that any appeals by taxi drivers or operators would go straight to a magistrate’s court. The Committee suggested an amendment similar to clause 11 to provide for an informal appeals mechanism throughout the Bill. The Department agreed to this amendment and this led to several minor and consequential amendments throughout the Bill. It also led to the introduction of a new clause, 35a, which provides power for the Department to make regulations in respect of appeals.

Role of Traffic Attendants

The Committee sought clarification on the role of traffic attendants and thought that it would be useful for attendants to enforce any parking infringements by taxis at ranks or elsewhere. This will lead to a minor consequential amendment to a piece of DRD legislation.

Fees

The Committee was informed at its meeting on 8 November that the Department wanted to have the potential within the Bill to charge fees in respect of appeals to the Department. Although the Department stated that this clause would only give them powers to charge and that there was no plans to do so, members felt that as taxi drivers were going to be burdened with compliance costs it would be unfair to ask them to pay for appeals in the future. Members did not agree to this proposed amendment by the Department and the Department agreed to withdraw it.

Taxi Touts

The Committee was concerned about the definition of taxi touts and sought clarification from Departmental officials at the meeting on 23 October. The officials explained that it was trying to set a wide net for the offence of taxi touting but that it needed an exemption for taxi marshals. The Committee was satisfied with the Department’s response on this issue.

Funeral Cars

The Committee noted that the National Association of Funeral Directors (NAFD), had requested an exemption from the Taxis Bill. Members asked for the Department’s view on this possible exemption. The Committee was content with the Department’s response that traditionally in Northern Ireland, funeral cars have been regarded as public service vehicles and have been licensed as taxis. They are granted many exemptions from certain requirements, such as those for signage and taximeters. The Committee noted that should a strong case be made by NAFD in favour of a complete exemption either now or in the future provision can be made for this by subordinate legislation.

Enabling powers

The Committee noted that the Bill would introduce enabling powers to make regulations in a number of areas such as the hiring of taxis at separate fares, the regulation of taxis, taxi operator’s licenses and enforcement. The Committee looks forward to receiving the policy proposals for these regulations in due course, which will be subject to committee scrutiny.

Clause by clause scrutiny of the Bill

The Committee began its clause by clause scrutiny of the Bill on 18 October and completed this on 8 November – see Minutes of Evidence in Appendix 2. The Committee proposed a number of amendments which are outlined below. The wording of the amendments is attached at Appendix 5.

Clause 1 – requirement for operator’s licence

The Committee agreed to clause 1 as drafted.

Clause 2 – operator’s licences

The Committee noted that clause 2 provided that any person may apply to the Department for an operator’s licence. Members sought an amendment (clause 2(8)) to make provision for an internal or independent review of DOE decisions before appeal to the courts. The Committee agreed to clause 2 subject to the amendment agreed between the Committee and the Department. The Committee agreed to the text of the amendment.

Clause 3 – duties of licensed operators, etc

Members noted that clause 3 placed certain duties on licensed operators. The Committee felt the Department should take into consideration the recommendations of the General Consumer Council for Northern Ireland (GCCNI).The Committee sought an amendment (clause 3(9)) to involve the Consumer Council in the complaints procedure. The Committee agreed to clause 3 subject to the amendment agreed between the Committee and the Department. The Committee agreed to the text of the amendment.

Clause 4 – hirings accepted on behalf of another operator

The Committee agreed to clause 4 as drafted.

Clause 5 – hiring of taxis at separate fares – General

Members noted clause 5 which is declaratory and states that the hiring of taxis at separate fares is permissible in three ways. The first is under clause 6 by way of a taxi-sharing scheme. The second is under clause 7, which covers the circumstance in which all the passengers book their journeys in advance and consent to sharing a taxi. The third is where the Department authorises an operator to provide a service for the carriage of passengers at separate fares. The Committee had concerns over this clause as the nature of the schemes being proposed seemed unclear. Members were also concerned about the enforcement of such proposed schemes. The Committee requested a sample fare table from the Department in relation to taxi-sharing. The Committee was provided with this information at the meeting on 8 November. Members discussed the sample fare table and were content with it. The Committee agreed to clause 5 as drafted.

Clause 6 – compliance with a Departmental taxi sharing scheme

Members noted that clause 6 provides for the hiring of taxis at separate fares by way of a taxi sharing scheme. The Committee had concerns about the enforcement of a taxi sharing scheme and how taxi sharing zones would be defined. The Committee requested a sample fare table and more information on fare charging and taxi sharing schemes. The Committee was provided with this information at their meeting on 8 November and following consideration of this the Committee agreed to clause 6 subject to the amendment agreed between the Committee and the Department. The Committee agreed to the text of the amendment.

However, one member, Mr Clarke was not content with the taxi sharing scheme, believed the sample fare table provided was totally unsatisfactory and asked that his opposition to the scheme be noted.

At the meeting on 22 November the Chairperson proposed that clause 6 subject to the amendment agreed between the Committee and the Department (the Committee having agreed the text of the amendment), be agreed.

The Committee divided: Ayes 5; Noes 1

AYES

Patsy McGlone
David Ford
Ian McCrea
Tommy Gallagher
Peter Weir

NOES

Trevor Clarke

Agreed: That the clause, subject to the amendment agreed between the Committee and the Department, be agreed to.

Clause 7 – advance booking

The Committee noted that this clause covers the circumstance in which all the passengers book their journeys in advance and consent to sharing a taxi. This clause is linked to clauses 5 and 6 and the Committee had similar concerns to those set out above and requested more information on this clause. Members were provided with this information by the Department at the meeting on 8 November and were satisfied with the explanation. The Committee agreed to clause 7 as drafted.

Clause 8 – operator’s licence authorising separate fares

The Committee agreed to clause 8 as drafted.

Clause 9 – information

The Committee agreed to clause 9 as drafted.

Clause 10 – functions in relation to operator’s licence authorising separate fares

The Committee agreed to clause 10 as drafted.

Clause 11 – appeals in relation to operator’s licence authorising separate fares

Members noted that this clause introduced the right of appeal in relation to operator’s licence authorising separate fares. As a result of the Committee seeking an amendment to introduce appeal to clause 2 the Department indicated that this will require an amendment to clause 11. The Committee agreed to clause 11 subject to the amendment agreed between the Committee and the Department. The Committee agreed to the text of the amendment.

Clause 12 – requirements for taxi licence

The Committee agreed to clause 12 as drafted.

Clause 13 – taxi licences

Members noted that clause 13 allowed the Department to grant a licence in respect of:

(a) taxis of such different classes of use as may be prescribed; and

(b) such different classes of use.

The Committee sought an amendment (clause 13(8)) to introduce an interim appeal mechanism to the Department rather than going straight to a magistrate’s court. The Committee agreed to clause 13 subject to the amendment agreed between the Committee and the Department. The Committee agreed to the text of the amendment.

Clause 14 – duties of owners of licensed taxis

The Committee agreed to clause 14 as drafted.

Clause 15 – identification of licenses vehicles

The Committee agreed to clause 15 as drafted.

Clause 16 – regulation of fares, etc.

The Committee noted that clause 16 dealt with the regulation of fares and allows the Department to set the maximum rates and fares to be charged for the hire of a taxi. The Committee felt that the Consumer Council should have a role in the regulation of fares and that the wording around the setting of a maximum fare needed tightened up. The Committee agreed to clause 16 subject to the amendment agreed between the Committee and the Department. The Committee agreed to the text of the amendment.

Clause 17 – display and publication, etc. of fares

The Committee agreed to clause 17 as drafted.

Clause 18 – regulation of taximeters etc.

The Committee agreed to clause 18 as drafted.

Clause 19 – taxis not to carry more than the prescribed number of persons

The Committee agreed to clause 19 as drafted.

Clause 20 – regulations concerning taxis or use of taxis

Members noted that clause 20 set out the Department’s regulatory powers and sought a possible amendment in relation to taxi marshals powers (clause 20(2)(c)). The Committee requested more information from the Department on the proposed role of taxi marshals. The Committee agreed to clause 20 subject to the amendment agreed between the Committee and the Department. The Committee agreed to the text of the amendment.

Clause 21 – orders concerning taxis, taxi stands etc.

The Committee noted that there is currently an anomaly between the Department for Regional Development (DRD) and DOE with regard to taxi ranks. DRD sets the policy for taxi ranks, but the legislative function rests with DOE. Clause 21 places the legislative function with DRD. The Department proposed an amendment to Schedule 2 paragraph 12 to extend the powers of traffic attendants. The Committee requested further clarity on the roles of traffic attendants. Further information was provided at the meeting on 8 November. Members were content with this information. The Committee agreed to clause 21 as drafted.

Clause 22 – requirements for taxi driver’s licence

The Committee agreed to clause 22 as drafted.

Clause 23 – taxi driver’s licences

The Committee noted that clause 23 provided that the Department shall grant a licence if satisfied that the applicant has been authorised to drive a car for three years prior to the application; is a fit and proper person; has undergone training; and has passed a test of competence to drive a taxi. The Committee requested further information from the Department on the possibility of criminal records checks being extended to the Republic of Ireland. At the meeting on 8 November the Department further briefed the Committee on this issue. However, members remained concerned that criminal records checks would not extend to the Republic of Ireland. Members indicated that they would include a recommendation in the report on the Bill on this issue. The Committee agreed to clause 23 subject to the amendment agreed between the Committee and the Department. The Committee agreed to the text of the amendment.

Clause 24 – issue of driver’s badges etc.

The Committee agreed to clause 24 as drafted.

Clause 25 – applications for licences etc.

The Committee agreed to clause 25 as drafted.

Clause 26 – power to suspend, revoke or curtail licences

The Committee agreed to clause 26 as drafted.

Clause 27 – suspension, revocation and curtailment under Section 26: procedure etc.

The Committee noted that clause 27 outlined the procedure that the Department will follow for suspending or revoking a licence. The Committee sought an amendment (clause 27(4)) to introduce a mechanism for appeal to the Department. The Committee agreed to clause 27 subject to the amendment agreed between the Committee and the Department. The Committee agreed to the text of the amendment.

Clause 28 – variation of licence on request

Members noted that clause 28 allowed an operator to apply to have his licence varied to add a new operating centre or to remove an existing centre, and to vary the number of taxis that he may operate. The Committee sought a possible amendment to clause 28(8) to introduce appeal to the Department. The Committee agreed to clause 28 subject to the amendment agreed between the Committee and the Department. The Committee agreed to the text of the amendment.

Clause 29 – variation of operator’s licence by Department

The Committee noted that under clause 29 the Department may also suspend or vary an operator’s licence where it is satisfied that an operating centre no longer meets the necessary requirements. The Committee sought a possible amendment to clause 29 (4) to introduce an interim appeal mechanism to the Department. The Committee agreed to clause 29 subject to the amendment agreed between the Committee and the Department. The Committee agreed to the text of the amendment.

Clause 30 – fees

Members noted that clause 30 lists the various activities and services for which the Department feels that it may have to prescribe fees. As a result of the Committee seeking an amendment to introduce an appeal mechanism to the Department, the Department indicated that this will require an amendment to clause 30. The Department had proposed an amendment to clause 30 which would enable them to take powers to charge fees in respect of appeals to the Department. At the meeting on 8 November members were opposed to the Departmental amendment and the Department agreed to withdraw the amendment. The Committee agreed to clause 30 as drafted.

Clause 31 – production of documents

The Committee agreed to clause 31 as drafted.

Clause 32 – return of licences, etc.

The Committee agreed to clause 32 as drafted.

Clause 33 – register of licences

The Committee agreed to clause 33 as drafted.

Clause 34 – appeals

The Committee agreed to clause 34 as drafted.

Clause 35 – effect of appeal on decision appealed against

Members noted that clause 35 stated that the decision of the Department will not take effect until the appeal has been heard, disposed of, or withdrawn. Therefore, the decision is in abeyance until the court hears the appeal. As a result of the Committee seeking an amendment to introduce an appeal mechanism to the Department, officials indicated that this will require an amendment to clause 35. The Committee agreed to clause 35 as drafted.
As a result of the Committee seeking an amendment to introduce an interim appeals mechanism the Department introduced a new clause, 35(A). This clause allows the Department by way of regulations to make such further provision in respect of appeals as it considers necessary or expedient. The Committee agreed to the new clause 35A as agreed between the Committee and the Department as drafted.

Clause 36 – enforcement notices

The Committee noted that clause 36 covered enforcement notices and applied where a licensed operator has failed to comply with certain record-keeping duties covered by the Bill. The Committee proposed an amendment (clause 36(6)) to introduce an appeal mechanism to the Department. The Committee agreed to clause 36 subject to the amendment agreed between the Committee and the Department. The Committee agreed to the text of the amendment.

Clause 37 – powers of entry

The Committee agreed to clause 37 as drafted.

Clause 38 – power to stop and examine licensed taxis

The Committee agreed to clause 38 as drafted.

Clause 39 – power to stop and examine motor vehicles suspected of illegal taxiing etc.

The Committee agreed to clause 39 as drafted.

Clause 40 – power of seizure

The Committee agreed to clause 40 as drafted.

Clause 41 – regulations concerning vehicles and equipment seized under section 37 or 40

The Committee agreed to clause 41 as drafted.

Clause 42 – taxi touts

The Committee agreed to clause 42 as drafted.

Clause 43 – false statements, forgery and power of seizure in connection with certain documents

The Committee agreed to clause 43 as drafted.

Clause 44 – obstruction of authorised officers etc.

The Committee agreed to clause 44 as drafted.

Clause 45 – offences due to fault of other people

The Committee agreed to clause 45 as drafted.

Clause 46 – offences by corporations

The Committee agreed to clause 46 as drafted.

Clause 47 – offences

The Committee agreed to clause 47 as drafted.

Clause 48 – access to information

The Committee agreed to clause 48 as drafted.
The Committee also agreed to a new clause 48(A) which provided for the publication of information and the input of the Consumer Council as agreed between the Committee and the Department.

Clause 49 – payment of grants

The Committee agreed to clause 49 as drafted.

Clause 50 – training

The Committee agreed to clause 50 as drafted.

Clause 51 – service of notices

The Committee agreed to clause 51 as drafted.

Clause 52 – restriction of application of other statutory provisions

The Committee agreed to clause 52 as drafted.

Clause 53 – ancillary and transitional provisions etc.

The Committee agreed to clause 53 as drafted.

Clause 54 – orders and regulations

The Committee agreed to clause 54 as drafted.

Clause 55 – interpretation

The Committee agreed to clause 55 as drafted.

Clause 56 – consequential amendments and repeals

The Committee agreed to clause 56 as drafted.

Clause 57 – commencement

The Committee agreed to clause 57 as drafted.

Clause 58 – short title

The Committee agreed to clause 58 as drafted.

Schedule 1 – entries to be inserted in Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 in respect of offences under this Act

The Committee agreed to schedule 1 as drafted.

Schedule 2 – minor and consequential amendments

The Committee noted that Schedule 2 detailed all the minor and consequential amendments resulting from the provisions of the Taxis Bill. The Committee proposed an amendment at paragraph 12 to ensure that traffic attendants can enforce all taxi parking infringements. The Committee agreed to schedule 2 subject to the amendment agreed between the Committee and the Department. The Committee agreed to the text of the amendment.

Schedule 3 – repeals

The Committee agreed to schedule 3 as drafted.

Long title

The Committee agreed with the long title as drafted.

Appendix 1

Minutes of Proceedings of the Committee Relating to the Report

Thursday 31 May 2007,
Room 144, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Billy Armstrong
Mr Trevor Clarke
Mr Tommy Gallagher
Mr Ian McCrea
Mr Peter Weir

In Attendance:
Mrs Debbie Pritchard (Principal Clerk)
Mrs Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)
Mr Kendrew Colhoun (Assembly Research and Library Services)

Apologies:
Mr David Ford
Mr Samuel Gardiner
Mr Alex Maskey
Mr Daithí McKay

The meeting opened at 10.33am in public session.

4. Taxis Bill

Ms Adele Watters (Road Safety Division) briefed the Committee on the 2005 policy consultation document.

Ms Adele Watters and Bill Laverty (Road Safety Division) answered questions from the Members.

11.13am. Mr Billy Armstrong joined the meeting.

Patsy McGlone

Chairperson

[Extract]

Thursday 7 June 2007,
Room 144, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Billy Armstrong
Mr Trevor Clarke
Mr David Ford
Mr Tommy Gallagher
Mr Samuel Gardiner
Mr Alex Maskey
Mr Ian McCrea
Mr Daithí McKay
Mr Peter Weir

Apologies:

The meeting opened at 10.30am in public session.

4. Taxis Bill

John McMullan, Departmental Official, briefed Members on the Draft Taxis (Northern Ireland) Order: Report on the Outcome of the Consultation.

Mr McMullan and Mr Bill Laverty, Departmental Official, answered questions from the Members.

10.39am Mr Boylan joined the meeting.

10.42am Mr McCrea joined the meeting.

10.42am Mr McKay joined the meeting.

Patsy McGlone

Chairperson

[Extract]

Thursday 14 June 2007,
Room 144, Parliament Buildings

Present:
Mr Cathal Boylan (Deputy Chairperson)
Mr Billy Armstrong
Mr Trevor Clarke
Mr David Ford
Mr Samuel Gardiner
Mr Alex Maskey
Mr Ian McCrea
Mr Daithí McKay

In Attendance:
Mrs Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)

Apologies:
Mr Tommy Gallagher
Mr Patsy McGlone
Mr Peter Weir

The meeting opened at 10.36am in public session.

9. Taxis Bill – Public Notice

Members noted the tabled Departmental press release announcing Introduction (First Stage) of the Taxis Bill.

Agreed: The Committee agreed the contents of the draft press notice and requested for it to be issued.

Agreed: Members to be provided with a briefing on the protest by taxi owners for discussion at next week’s meeting.

Patsy McGlone

Chairperson

[Extract]

Thursday 21 June 2007,
Room 144, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Billy Armstrong
Mr David Ford
Mr Tommy Gallagher
Mr Samuel Gardiner
Mr Ian McCrea
Mr Daithí McKay
Mr Peter Weir

In Attendance:
Mrs Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)

Apologies:
Mr Trevor Clarke
Mr Alex Maskey

The meeting opened at 10.34am in public session.

4. Taxis Bill

The Chairperson briefed Members on a protest by taxi drivers that occurred last year.

Agreed: The Members were content with the general principles of the Taxis Bill.

Patsy McGlone

Chairperson

[Extract]

Thursday 28 June 2007,
Room 144, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Billy Armstrong
Mr David Ford
Mr Ian McCrea
Mr Daithí McKay
Mr Peter Weir

In Attendance:
Mrs Debbie Pritchard (Principal Clerk)
Ms Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)

Apologies:
Mr Trevor Clarke
Mr Tommy Gallagher
Mr Samuel Gardiner
Mr Alex Maskey

The meeting opened at 10.33am in public session.

4. Taxis Bill – Committee Stage

The Chairperson confirmed that Members had no interest to declare.

Alan Rehfisch, Researcher, provided the Members with a brief introduction to the regulation of taxis currently in operation in Northern Ireland.

Adele Watters, Road Safety Division, briefed the Members on the provisions of the Taxis Bill.

Ms Watters and Bill Laverty, Departmental official, answered questions from the Members.

Patsy McGlone

Chairperson

[Extract]

Thursday 5 July 2007,
Room 144, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Trevor Clarke
Mr David Ford
Mr Tommy Gallagher
Mr Samuel Gardiner
Mr Ian McCrea

Apologies:
Mr Billy Armstrong
Mr Alex Maskey
Mr Daithí McKay
Mr Peter Weir

The meeting opened at 10.32am in public session.

8. Correspondence

3. Letter from William Black re: Taxis legislation.

Agreed: Members to treat as a written submission for the Committee Stage of the Taxis Bill.

10. Letter from Sam Egerton re: Taxis Bill.

Agreed: Members to treat as a written submission for the Committee Stage of the Taxis Bill.

16. Email from James Neeson re: Taxis Bill.

Agreed: Members to treat as a written submission for the Committee Stage of the Taxis Bill.

Patsy McGlone

Chairperson

[Extract]

Thursday 6 September 2007,
Room 144, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Billy Armstrong
Mr Trevor Clarke
Mr David Ford
Mr Tommy Gallagher
Mr Samuel Gardiner
Mr Ian McCrea

In Attendance:
Ms Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)

Apologies:
Mr Alex Maskey
Mr Daithí McKay
Mr Peter Weir

The meeting opened at 10.36am in public session.

4. Taxis Bill

The Chairperson briefed Members on their role in the Committee Stage of the Taxis Bill.

Agreed: The motion to extend Committee Stage until Friday 07 December 2007.

Agreed: Late submission from National Association of Funeral Directors to be accepted. Request Department to clarify position re funeral cars.

Agreed: Committee to invite oral evidence from every individual/organisation who has provided a written response.

Patsy McGlone

Chairperson

[Extract]

Thursday 13 September 2007,
Room 144, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Billy Armstrong
Mr Trevor Clarke
Mr David Ford
Mr Tommy Gallagher
Mr Samuel Gardiner
Mr Ian McCrea
Mr Daithí McKay
Mr Peter Weir

In Attendance:
Ms Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)

Apologies:

The meeting opened at 10.33a.m. in public session.

4. Taxis Bill

Members were advised that late submissions on the Taxis Bill had been received from the Consumer Council and the Belfast Public Hire Taxi Association.

Agreed: that the submissions are accepted and that both organisations are invited to give oral evidence.

Samuel Egerton, public hire taxi driver, outlined his views on the proposed Taxis Bill and answered members’ questions.

Mr McKay left the meeting at 11.35a.m.

Stephen Long and Stephen O’Reilly, West Belfast Taxi Association, outlined their views on the proposed Taxis Bill and answered members’ questions.

Robert McAllister, public hire taxi driver, outlined his views on the proposed Taxis Bill and answered members’ questions.

Mr Armstrong left the meeting at 12.05p.m

Mr McCrea left the meeting at 12.10p.m.

Patsy McGlone

Chairperson

[EXTRACT]

Thursday 20 September 2007,
Room 144, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Billy Armstrong
Mr Trevor Clarke
Mr David Ford
Mr Samuel Gardiner
Mr Ian McCrea
Mr Daithí McKay
Mr Peter Weir

In Attendance:
Ms Debbie Pritchard (Principal Clerk)
Ms Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)

Apologies:
Mr Tommy Gallagher

The meeting opened at 10.33 a.m. in public session.

Mr Armstrong joined the meeting at 10.36a.m.

4. Taxis Bill

The Committee considered a letter from the department outlining proposed amendments to the Taxis Bill.

Agreed: That departmental officials are invited to brief the Committee on proposed amendments to the Taxis Bill.

Eamonn O’Donnell and Andrew McCartney, North West Taxis Proprietors, outlined their views on the proposed Taxis Bill and answered members’ questions.

Mr McGlone left the meeting at 12.28p.m. and Mr Boylan assumed the Chair

Mr McGlone rejoined the meeting at 12.34p.m. and re-assumed the Chair.

Eddie Lynch and Claire Toner, Consumer Council, outlined their views on the proposed Taxis Bill and answered members’ questions.

Patsy McGlone

Chairperson, Committee for the Environment.
20 September 2007

[EXTRACT]

Thursday 27 September 2007,
Room 144, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Billy Armstrong
Mr Trevor Clarke
Mr David Ford
Mr Ian McCrea
Mr Alex Maskey
Mr Daithí McKay
Mr Peter Weir

In Attendance:
Ms Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)

Apologies:
Mr Tommy Gallagher
Mr Samuel Gardiner

The meeting opened at 10.35 a.m. in public session.

4. Taxis Bill

Members noted an e-mail from Monica Wilson, Disability Action requesting the opportunity to make an oral presentation to the Committee re: the Taxis Bill.

Agreed: That Disability Action are invited to give oral evidence at the Committee meeting on 11 October 2007.

Mr Maskey joined the meeting at 10.41a.m.

The Committee noted a letter from the department outlining standard fines scales.

Michael Lorimer and Barbara Fleming, Inclusive Mobility and Transport Advisory Committee (Imtac), outlined their views on the proposed Taxis Bill and answered members’ questions.

Mr McKay left the meeting at 11.33a.m.

Sean Smyth, Unite the Union, and Andrew Overton and Richard Daniels from the London Taxi Industry Vehicles, outlined their views on the proposed Taxis Bill and answered members’ questions.

Jimmy Beckett and James Matier, Transport and General Workers’ Union (TGWU), outlined their views on the proposed Taxis Bill and answered members’ questions.

Tony McCloskey, George Best Belfast City Airport Taxis, outlined his views on the proposed Taxis Bill and answered members’ questions.

Mr McKay rejoined the meeting at 12.28p.m.
Mr Weir left the meeting at 12.30p.m.
Mr Maskey left the meeting at 12.30p.m.
Mr Boylan left the meeting at 12.30p.m.

Patsy McGlone

Chairperson, Committee for the Environment.

27 September 2007

[EXTRACT]

Thursday 4 October 2007,
Room 144, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Trevor Clarke
Mr David Ford
Mr Samuel Gardiner
Mr Ian McCrea
Mr Peter Weir

In Attendance:
Ms Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)

Apologies:
Mr Billy Armstrong
Mr Trevor Clarke

The meeting opened at 10.04a.m. in public session.

4. Taxis Bill

Eamon Grogan and Raymond Dempster, Accessible Taxi Association NI, outlined their views on the proposed Taxis Bill and answered members’ questions.

Terence Maguire, public hire taxi driver, outlined his views on the proposed Taxis Bill and answered members’ questions.

Mr McCrea left the meeting at 11.02a.m.

William Black, public hire taxi driver, outlined his views on the proposed Taxis Bill and answered members’ questions.

James McVeigh and Brian Press, International Airport Taxi Co, outlined their views on the proposed Taxis Bill and answered members’ questions.

Patsy McGlone

Chairperson, Committee for the Environment.
4 October 2007

[EXTRACT]

Thursday 11 October 2007,
Room 144, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Trevor Clarke
Mr David Ford
Mr Tommy Gallagher
Mr Ian McCrea
Mr Peter Weir

In Attendance:
Ms Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)

Apologies:
Mr Billy Armstrong
Mr Samuel Gardiner

The meeting opened at 10.35 a.m. in public session.

4. Taxis Bill

Kevin Doherty from Disability Action outlined his organisation’s views on the proposed Taxis Bill and answered members’ questions.

Mr Boylan joined the meeting at 11.00 a.m.

Adele Watters and John McMullan from the Department of the Environment briefed the Committee and answered members’ questions on possible amendments to the Taxis Bill.

Stephen Spratt and John Martin from the Department of the Environment briefed the Committee and answered members’ questions on enforcement.

Agreed: That the Committee request a written paper on the enforcement issue

Kevin Shiels, Assembly Bill Clerk, briefed the members on procedures for scrutinizing the Taxis Bill.

Patsy McGlone

Chairperson, Committee for the Environment.
11 October 2007

[EXTRACT]

Thursday 18 October 2007,
Room 144, Parliament Buildings

Present: Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Trevor Clarke
Mr David Ford
Mr Tommy Gallagher
Mr Samuel Gardiner
Mr Ian McCrea

In Attendance: Ms Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)

Apologies: Mr Billy Armstrong
Mr Alex Maskey
Mr Daithí McKay
Mr Peter Weir

The meeting opened at 10.40 a.m. in public session.

5. Taxis Bill

Members were given a briefing from Departmental officials on the Taxis Bill, and began their clause by clause scrutiny of the Bill.

Mr Gardiner rejoined the meeting at 11.45 a.m.

Mr Ford left the meeting at 12.04 p.m.

Mr Ford rejoined the meeting at 12.56 p.m.

Patsy McGlone

Chairperson, Committee for the Environment.
18 October 2007

[EXTRACT]

Tuesday 23 October 2007,
Room 135, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Billy Armstrong
Mr Trevor Clarke
Mr David Ford
Mr Tommy Gallagher
Mr Alex Maskey
Mr Ian McCrea
Mr Daithí McKay
Mr Peter Weir

In Attendance:
Ms Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)

Apologies:
Mr Samuel Gardiner

The meeting opened at 10.10 a.m. in public session.

4. Taxis Bill

Members were given a briefing from Departmental officials on the Taxis Bill, and continued their clause by clause scrutiny of the Bill.

Mr Maskey joined the meeting at 10.41 a.m.
Mr McCrea left the meeting at 11.00 a.m.
Mr Ford rejoined the meeting at 11.09 a.m.
Mr Maskey left the meeting at 11.15 a.m.

The Chairman adjourned the meeting at 11.43 a.m.

The meeting reconvened at 11.51 a.m. with the following Members present:

Mr Patsy McGlone, Mr Cathal Boylan, Mr Billy Armstrong, Mr Trevor Clarke, Mr David Ford,
Mr Tommy Gallagher, Mr Peter Weir

Agreed: Committee to issue responses to William Black and Thomas Doyle and provide them with a copy of Department’s “Overview of Taxi Enforcement” paper.

Patsy McGlone

Chairperson, Committee for the Environment.
23 October 2007

[EXTRACT]

Thursday 08 November 2007,
Room 144, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Trevor Clarke
Mr David Ford
Mr Samuel Gardiner
Mr Ian McCrea
Mr Peter Weir

In Attendance:
Ms Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)

Apologies:
Mr Billy Armstrong
Mr Tommy Gallagher

The meeting opened at 10.12 a.m. in public session.

4. Taxis Bill

Members completed their clause by clause scrutiny of the Bill and agreed as follows:

Clause 1

Agreed: “that the Committee is content with clause 1 as drafted”.

Clauses 2 to 3

Agreed: “that the Committee recommend to the Assembly that clauses 2 to 3 be amended as agreed between the Committee and the Department, and the Committee agreed to the text of the amendments.

Clause 4

Agreed: “that the Committee is content with clause 4 as drafted”.

Clauses 5 to 6

Agreed: “that the Committee recommend to the Assembly that clauses 5 to 6 be amended as agreed between the Committee and the Department , and the Committee agreed to the text of the amendments. Mr. Clarke asked for it to be noted that he was not content with these clauses.

Clauses 7 to 10

Agreed: “that the Committee is content with clauses 7 to 10 as drafted”.

Clause 11

Agreed: “that the Committee recommend to the Assembly that clause 11 be amended as agreed between the Committee and the Department , and the Committee agreed to the text of the amendment.

Clause 12

Agreed: “that the Committee is content with clause 12 as drafted”.

Clause 13

Agreed: “that the Committee recommend to the Assembly that clause 13 be amended as agreed between the Committee and the Department with the agreed text.

Clauses 14 to 15

Agreed: “that the Committee is content with clauses 14 to 15 as drafted”.

Clause 16

Agreed: “that the Committee recommend to the Assembly that clause 16 be amended as agreed between the Committee and the Department , and the Committee agreed to the text of the amendments.

Clauses 17 to 19

Agreed: “that the Committee is content with clauses 17 to 19 as drafted”.

Clause 20

Agreed: “that the Committee recommend to the Assembly that clause 20 be amended as agreed between the Committee and the Department , and the Committee agreed to the text of the amendment.

Clauses 21 to 22

Agreed: “that the Committee is content with clauses 21 to 22 as drafted”.

Clause 23

Agreed: “that the Committee recommend to the Assembly that clause 23 be amended as agreed between the Committee and the Department , and the Committee agreed to the text of the amendment.

Clauses 24 to 26

Agreed: “that the Committee is content with clauses 24 to 26 as drafted”.

Clauses 27 to 29

Agreed: “that the Committee recommend to the Assembly that clauses 27 to 29 be amended as agreed between the Committee and the Department , and the Committee agreed to the text of the amendments.

Clauses 30 to 35

Agreed: “that the Committee is content with clauses 30 to 35 as drafted”.

Agreed: “that the Committee insert new clause 35a as agreed between the Committee and the Department”.

Clause 36

Agreed: “that the Committee recommend to the Assembly that clause 36 be amended as agreed between the Committee and the Department , and the Committee agreed to the text of the amendment.

Clauses 37 to 47

Agreed: “that the Committee is content with clauses 37 to 47 as drafted”.

Clause 48

Agreed: “that the Committee is content with clause 48 as drafted”.

Agreed: “that the Committee insert new clause 48a as agreed between the Committee and the Department”.

Clauses 49 to 58

Agreed: “that the Committee is content with clauses 49 to 58 as drafted”.

Schedule 1

Agreed: “that the Committee is content with schedule 1 as drafted”.

Schedule 2

Agreed: “that the Committee recommend to the Assembly that schedule 2 be amended as agreed between the Committee and the Department , and the Committee agreed to the text of the amendment.

Schedule 3

Agreed: “that the Committee is content with schedule 3 as drafted”.

Long Title

Agreed: “that the Committee is content with the long title as drafted”.

Other Departmental amendments

Agreed: “that the Committee is content with the proposed list of Departmental technical amendments as discussed with the Committee on 11 October 2007.

Mr Clarke left the meeting at 12.35 p.m.

Agreed: Committee to write to Equality Commission re any possible disability discrimination by taxi drivers/operators.

The Chairman adjourned the meeting at 12.45 p.m.

The meeting reconvened at 12.55 p.m. with the following Members present:

Mr Patsy McGlone, Mr Cathal Boylan, Mr David Ford, Mr Sammy Gardiner, Mr Ian McCrea, Mr Peter Weir

Patsy McGlone

Chairperson, Committee for the Environment.

08 November 2007

[EXTRACT]

Thursday 15 November 2007,
Room 144, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Trevor Clarke
Mr David Ford
Mr Tommy Gallagher
Mr Samuel Gardiner
Mr Ian McCrea
Mr Peter Weir

In Attendance:
Ms Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)

Apologies:
Mr Billy Armstrong
Mr Daithí McKay

The meeting opened at 10.39 a.m. in public session.

4. Taxis Bill

Members were advised that they should consider the draft Taxis Bill Report that was provided for them.

Agreed: That members take a week to scrutinise the draft Taxis Bill report.

Patsy McGlone

Chairperson, Committee for the Environment.

15 November 2007

[EXTRACT]

Thursday 22 November 2007,
Room 144, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Trevor Clarke
Mr David Ford
Mr Tommy Gallagher
Mr Ian McCrea
Mr Peter Weir

In Attendance:
Ms Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)

Apologies:
Mr Samuel Gardiner

The meeting opened at 10.41 a.m. in public session.

5. Taxis Bill

Members were advised that clause by clause scrutiny has been completed.

Members were advised that they should vote on Clause 6 of the Taxis Bill as there was no consensus on this clause at the last meeting.

The Chairperson proposed that clause 6, as drafted, be agreed.

The Committee divided: Ayes 5; Noes 1

AYES
Patsy McGlone
Tommy Gallagher
Peter Weir
Ian McCrea
David Ford

NOES

Trevor Clarke

The clause, as drafted, was accordingly agreed to.

Patsy McGlone

Chairperson, Committee for the Environment.

15 November 2007

[EXTRACT]

Thursday 29 November 2007,
Room 144, Parliament Buildings

Present:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Billy Armstrong
Mr David Ford
Mr Ian McCrea
Mr Peter Weir

In Attendance:
Ms Patricia Casey (Assembly Clerk)
Mr William Long (Assistant Assembly Clerk)
Mr Sean McCann (Clerical Supervisor)
Miss Pauline Devlin (Clerical Officer)
Mr Philip Maguire (Clerical Officer)

Apologies:
Mr Trevor Clarke
Mr Samuel Gardiner
Mr Datihi McKay

The meeting opened at 10.36 a.m. in public session.

Mr Armstrong joined the meeting at 10.40a.m.

3. Matters Arising

Members were advised that the proofing of the Taxis Report has produced a number of minor changes which members need to approve for the final draft of the report.

Agreed: That the Committee agree that Paragraph 63, in relation to clause 6, should read:

Clause 6 – compliance with a Departmental taxi sharing scheme

63. Members noted that clause 6 provides for the hiring of taxis at separate fares by way of a taxi sharing scheme. The Committee had concerns about the enforcement of a taxi sharing scheme and how taxi sharing zones would be defined. The Committee requested a sample fare table and more information on fare charging and taxi sharing schemes. The Committee was provided with this information at their meeting on 8 November and following consideration of this the Committee agreed to clause 6 subject to the amendment agreed between the Committee and the Department. The Committee agreed to the text of the amendment.

However, one member, Mr Clarke was not content with the taxi sharing scheme, believed the sample fare table provided was totally unsatisfactory and asked that his opposition to the scheme be noted.

At the meeting on 22 November the Chairperson proposed that clause 6 subject to the amendment agreed between the Committee and the Department (the Committee having agreed the text of the amendment), be agreed.

The Committee divided: Ayes 5; Noes 1

AYES
Patsy McGlone
David Ford
Ian McCrea
Tommy Gallagher
Peter Weir

NOES

Trevor Clarke

Agreed: That the clause, subject to the amendment agreed between the Committee and the Department, be agreed to.

Agreed: That the Committee agree that Paragraph 78, in relation to clause 21, should read:

Clause 21 – orders concerning taxis, taxi stands etc.

78. The Committee noted that there is currently an anomaly between the Department for Regional Development (DRD) and DOE with regard to taxi ranks. DRD sets the policy for taxi ranks, but the legislative function rests with DOE. Clause 21 places the legislative function with DRD. The Department proposed an amendment to Schedule 2 paragraph 12 to extend the powers of traffic attendants. The Committee requested further clarity on the roles of traffic attendants. Further information was provided at the meeting on 8 November. Members were content with this information. The Committee agreed to clause 21 as drafted.

Agreed: That the Committee agree that Paragraphs 92 and 93, in relation to clauses 35 and 35(A), should read:

Clause 35 – effect of appeal on decision appealed against

92. Members noted that clause 35 stated that the decision of the Department will not take effect until the appeal has been heard, disposed of, or withdrawn. Therefore, the decision is in abeyance until the court hears the appeal. As a result of the Committee seeking an amendment to introduce an appeal mechanism to the Department, officials indicated that this will require an amendment to clause 35. The Committee agreed to clause 35 as drafted.

93. As a result of the Committee seeking an amendment to introduce an interim appeals mechanism the Department introduced a new clause, 35(A). This clause allows the Department by way of regulations to make such further provision in respect of appeals as it considers necessary or expedient. The Committee agreed to the new clause 35A as agreed between the Committee and the Department as drafted.

Patsy McGlone

Chairperson, Committee for the Environment.

29 November 2007

[EXTRACT]

Appendix 2

Minutes of Evidence

31 May 2007

Members present for all or part of the proceedings:
Mr Patsy McGlone (Chairperson)
Mr Cathal Boylan (Deputy Chairperson)
Mr Billy Armstrong
Mr Trevor Clarke
Mr Tommy Gallagher
Mr Ian McCrea

Witnesses:

Mr Bill Laverty
Mrs Adele Watters

(Department of the Environment)

1. The Chairperson (Mr McGlone): The Taxis Bill will be introduced on 11 June, and Second Stage will take place on 25 June. If it is successful at Second Stage, its Committee Stage will begin.

2. We welcome Adele Watters and Bill Laverty from the Department of the Environment. Adele, you will brief us on the Bill, and I believe that next week you will come back to talk to us about the consultation process. Is that correct?

3. Mrs Adele Watters (Department of the Environment): Yes, it is. Thank you, and good morning, Chairman and members. Today I will discuss the slides that members will find in their briefing packs.

4. Thank you for giving us the opportunity to address the Committee again on the Taxis Bill, on which it is carrying out pre-legislative scrutiny. We have been asked to address the Department’s 2005 policy consultation. I understand that copies of the report on the outcome of that consultation are also in members’ packs.

5. I wish to cover three areas. First, I will give the context of the review in order that members may appreciate the outcome of the consultation. It will be useful if I explain briefly how taxis are currently regulated, particularly the two-tier licensing system. Secondly, I will set out the main problems relating to taxi regulation that the policies are intended to address. Thirdly, I will outline the main policy proposals that we consulted on in 2005 and summarise the main responses that we received. I will try to be brief. We will be happy to answer questions, and if there are any questions that we cannot answer today, we will return to them next week when we discuss the 2006 legislative consultation.

6. The slide headed “Taxi Licensing Structure” reduces a lot of complicated information into a relatively simple table. It makes it clear that there are two tiers in the current taxi licensing system: a public-hire tier and a private-hire tier. Essentially, public-hire taxis can do all types of taxi work. They can pick up people at taxi ranks; they can ply for trade on the streets; they can take bookings through a radio network; or they can do contract work. That is quite distinct from private-hire taxis, which can only operate on a pre-booked basis. To engage a private-hire taxi legally, the customer must make a booking by going into a depot or phoning, texting or emailing in advance. That is the broad distinction.

7. In the public-hire system, there are differences between the Belfast area and areas outside the city. Taxis licensed as Belfast public hire are seen, for example, outside the old Robinson and Cleaver building near the City Hall. There are approximately 400 of them in total. Many are London-style hackney cabs, although newer-style vehicles are now operating as well. They can do all types of work: accept bookings; fulfil contracts; stand at taxi ranks; or ply for hire. Although they are called Belfast public hire, as well as working in Belfast city centre, they can operate anywhere in Northern Ireland. However, they mainly operate in Belfast.

8. Taxis licensed as Belfast public hire must be accessible. By that, I mean that they must be accessible to wheelchairs, with a ramp and doors that are sufficiently wide and high to enable a wheelchair to be brought into the vehicle. The Department sets fares for Belfast public hire. Currently, those are the only fares regulated by the Department — fares for 400 vehicles out of an overall total of 10,500.

9. Taxis licensed as restricted public hire account for by far the biggest sector in the industry. These vehicles are typically seen in any town or city outside Belfast. Taxis licensed as Belfast public hire can be identified by yellow taxi licence plates, while those licensed as restricted public hire have white plates. There are between 7,000 and 7,500 restricted public-hire taxis in Northern Ireland; when the table in the members’ pack was prepared, there were 7,400. They can do all types of work outside Belfast, but if they want to operate in Belfast, they can only do so on a private-hire basis. That is because the restricted public-hire licence does not meet the standards required of Belfast public hire; generally speaking, taxis licensed as restricted public hire are not accessible, and the Department does not set their fares.

10. In Northern Ireland, there are just over 2,500 vehicles licensed as private hire, which means that they can only be used for pre-booked fares and contract work. Those vehicles are not permitted to stand or ply anywhere. Although the table states that they operate “anywhere”, that, in a sense, does not apply — such vehicles operate mainly in Belfast. To summarise, vehicles licensed as private hire must operate through advance bookings or contract work: they do not have to be accessible, and the Department does not set their fares.

11. The second slide outlines “Problems with Existing Taxi Regulation”. A number of the issues are fairly self-explanatory, such as the problem of too much illegal taxiing, by which we mean the use of vehicles that are unlicensed or uninsured or whose drivers are not licensed.

12. There is a lack of clear distinction between public-hire taxis and private-hire taxis. I have mentioned the different types of work that they are each permitted to do, but many of their features are similar — for example, they are both called taxis. Northern Ireland is the only part of the UK where what we call a “private-hire taxi” is allowed to be known as a taxi. Everywhere else in the UK, they are called private-hire vehicles to make it clear that they are distinct from the public-hire sector and are permitted only to do certain types of work.

13. Another confusing similarity is that, in Northern Ireland, both public-hire taxis and private-hire taxis can carry roof signs. Under many licensing authorities in the rest of the UK, private-hire vehicles are prohibited from carrying roof signs because that makes them look like public-hire taxis.

14. In Northern Ireland, many private-hire taxis have taximeters. The public-hire taxis in Belfast must have taximeters but, under some licensing authorities in the rest of the UK, private-hire vehicles are not allowed to have taximeters because that would make them look like public-hire taxis.

15. There is, therefore, a great blurring of the possible distinctions between the two types of taxis. That leads — along with a number of other factors — to vehicles licensed as private hire picking up people who do not have bookings. That is often termed as “p-uing” — picking up. P-uing has become increasingly difficult to prevent. Many people who wish to use taxis do not understand the distinction between public-hire taxis and private-hire vehicles. If they do understand that distinction, they do not care about it and they ignore it. People who are out for the night and want to get a taxi home do not care about whether they have a booking — they just want to get in. That means that the two-tier system, as it operates in Belfast, has become increasingly unsustainable. Also, now that people carry mobile phones, the distinction between booking a taxi in advance and immediately hiring one has all but disappeared.

16. Another problem is the lack of effective controls to address overcharging. I have mentioned that the Department regulates only a small proportion of taxi fares and, in the absence of fare regulation, it is difficult to assert a clear concept of overcharging. One could state that a person had been overcharged if he or she were charged more than the regulated fare. However when operators are free to set their own fares — as is mostly the case across Northern Ireland — and they can decide whether they want to charge extra at night, at weekends or on public holidays, it is difficult to address situations in which people feel that they have been overcharged.

17. A common complaint about the taxi industry in Northern Ireland is the lack of immediate-hire taxis at peak times. For example, in Belfast, there are around 400 taxis licensed as Belfast public hire. During peak times, such as at night and at weekends, when not all of those 400 taxis are operating, there is often a much bigger demand for the immediate hire of taxis. That is when vehicles licensed as private hire pick up much of the demand illegally.

18. I shall return to the issue of too few accessible taxis being available regardless of when disabled people want to travel. However, for the purposes of comparison, in the rest of the UK, about 50% of those vehicles equivalent to Northern Ireland’s public-hire taxis are accessible. Even with the size of the overall taxi and PHV fleet, it is an impressive number. At a generous estimate, only 10% of Northern Ireland’s public-hire taxis are accessible. Our accessibility rates are very low.

19. In Northern Ireland, there is no requirement for drivers to be trained or tested — the Department has no legislative powers to require that. Other problems stem from a lack of enforcement powers. For example, there is no power for Driver and Vehicle Agency (DVA) enforcement officers to stop a private car that they believe to be taxiing illegally. They can only take such action if they are working with the police, who have the necessary powers.

20. There is also a lack of powers to enforce against taxi businesses. I described a situation with unlicensed vehicles and unlicensed drivers. Sometimes, these drivers operate alone — they are individuals who have cars and think that they will do some taxiing to pick up some easy money. However, an awful lot of illegal taxiing goes on under the auspices of what local people think are reputable firms. These firms have depots, and the cars operating from those depots have the company names all over them and carry roof signs. Some of the drivers may be legal and licensed and their vehicles may be legal and licensed, but quite a number will not be. At the moment, in the absence of operator licensing, the Department’s power to prosecute those firms is very limited. Operators walk away from the problems, with the attitude that the illegal behaviour is nothing to do with them and the Department should go after the drivers.

21. That was an overview of some of the extensive problems with the existing taxi-regulation system. Last week, I mentioned the key players in the taxi review. The information that members have received on taxi users is fairly self-explanatory.

22. Also last week, we discussed the number of different taxi associations in the taxi industry. It is useful to recognise that in the taxi industry, there are very strong divisions between the different sectors. The sectors comprise Belfast public hire; restricted public hire; private hire, which operates mostly in Belfast; and the west Belfast taxibuses, which are licensed as a form of private-hire taxi. Each of those sectors has its viewpoint on taxi regulation issues. It is important to realise that they all come with their own agendas and vested interests.

23. Members have been given copies of the ‘2005 Policy Consultation Report and Summary of Responses’. We did not include copies of the consultation document, because it is quite a weighty tome. However, we can provide members with copies, and the document is available on road safety division’s website — www.roadsafetyni.gov.uk. The consultation document sets out 50 proposals, which cover all aspects of taxi regulation. For the benefit of the Committee, I have highlighted 12 that pick up some of the key points.

24. When we were devising the policy proposals, we grappled with two particularly difficult issues. First, what structure should the licensing system have? Should we keep the two-tier system? At the moment, we do not think that it works very well, but can we keep it and fix it? Alternatively, should we move to a one-tier system where there is no longer a distinction between private hire and public hire? The second issue is what measures could be put in place to increase the number of accessible taxis? At the moment, expecting taxi drivers to supply accessible vehicles voluntarily is not delivering an acceptable number.

25. The Department proposed that a two-tier system should be retained, albeit revised to differentiate to a much greater extent between the two tiers of public hire and private hire. For example, we proposed that what are currently termed “private-hire taxis” be renamed “private-hire vehicles”. We also proposed that roof signs on private-hire vehicles be removed.

26. There is a feeling that taximeters are a positive feature and that, when private-hire operators choose to use them, we should not stop them. We, therefore, proposed that public-hire vehicles must have taximeters and that private-hire vehicles could have taximeters if their drivers or operators wished.

27. The second key proposal was that all new public-hire taxis that come into service from 2008 must be accessible and that, over a relatively long period, we would work towards all public-hire taxis being accessible. Unlike taxis, private-hire vehicles would not have to be accessible. We were concerned that if we raised the standard for taxis to the extent that they must all become accessible, many operators would choose to move from the public-hire sector to the private-hire sector. Therefore, we proposed powers that require taxi operators to ensure that a percentage of their private-hire vehicles be accessible. In a sense, that was a fallback measure, which we did not propose initially to implement.

28. We wanted to require all taxis, but not PHVs, to work to regulated fares, and to require all taxis to have taximeters, but allow PHVs the option to have them.

29. Another key proposal was that all taxi businesses must have an operator’s licence. We proposed that an exemption could potentially be allowed for operators, particularly sole operators, in the rank-and-hail sector — those who work from taxi ranks and who pick up passengers in the street.

30. We proposed that it be an offence for an operator to use unlicensed vehicles or drivers. We further proposed that all new drivers be required to pass a taxi-driving test and do job-relevant training, and that all drivers — including existing ones — be required to complete disability training.

31. I have already mentioned the proposal that roof signs be removed from PHVs. Enforcement officers will be given powers to stop cars that are suspected of being involved in unlicensed taxiing, and there will be tougher penalties for taxi-licensing offences.

32. I turn to the responses to the policy proposals. When we asked directly whether respondents would prefer a one-tier system or a two-tier system, the two-tier system was narrowly preferred if the alternative was that all taxis — public hire and private hire — must be accessible.

33. The accessibility proposals were, generally, opposed by the taxi industry. Its strong view was that people with disabilities do not need to use taxis because a lot of transport is specially provided for such people and, therefore, there is no need for any additional accessible vehicles.

34. On the other hand, section 75 groups, such as the Inclusive Mobility and Transport Advisory Committee (Imtac) and the Equality Commission, were in favour of better provision for people with disabilities. However, they were concerned that a requirement for a 100% accessible public-hire taxi fleet would be too much of a burden on the taxi industry. As a result of the consultation, both the taxi industry and groups that represent people with disabilities asked whether we could come up with proposals on accessibility that form a unique Northern Ireland solution to that problem. I shall revisit that later.

35. Proposals on fare regulation were broadly supported. In fact, those who supported those proposals asked why — if they are such a good idea — apply them to public-hire taxis only. The view was expressed that those proposals should apply across the board to taxis and private-hire vehicles. Similarly, the proposals on taximeters were supported, but some respondents said that we had not gone far enough and that those proposals should apply across the board.

36. Operator licensing proposals were welcomed widely. Indeed, of all the proposals, almost everyone was keen on and signed up to operator licensing. However, concerns were expressed about costs.

37. There was strong support for the proposals on operator-licensing offences and for the Department’s being able to pursue operators who use unlicensed vehicles and drivers. The Department proposed that there should be a due diligence defence when drivers or vehicle owners present operators with licences that appear to be valid but turn out to be fake. Operators must be protected.

38. Respondents were keen to go even further than the proposals on the taxi-driving test and training. At present, new drivers must undertake disability training, and respondents felt that all drivers, not only new drivers, should take full training courses.

39. There was strong opposition to the removal of roof signs from private-hire vehicles. Both taxi operators and taxi users have become accustomed to roof signs. When people are leaving a club, for example, signs are helpful because the taxis that those people ordered can be identified. Respondents were not interested in signs appearing along the sides of vehicles.

40. New powers for enforcement officers and stiffer penalties were also welcomed.

41. When the Department examined the outcome of the policy consultation, it set out to revise its key proposals. Respondents were asked:

“Do you agree with the proposal to keep a revised two-tier system as described?”

42. Respondents came down narrowly on the side of a two-tier licensing system. However, they also stated that they wanted all taxis to be able to pick up fares, have roof signs, work to regulated fares and have taximeters, which sounds like a one-tier system. Therefore, the Department interpreted the responses as saying that people were in favour of a one-tier system, which is the system that I have just described.

43. If a one-tier system is in operation, no one, including people with disabilities and those representing them, wants all taxis in Northern Ireland to be accessible. The Department proposes that all operators should have a percentage of accessible vehicles.

44. There was broad agreement on the proposals that all taxi fares should be regulated, all taxis should have taximeters, and operator licensing should be introduced. Sole operators who work in the rank-and-hail sector supported proposals for their exemption from operator licensing. All other respondents disagreed with that proposal, stating that everyone who provides a taxi service should be included in the operator-licensing system.

45. If a one-tier system is implemented, the Department proposes to retain roof signs on all taxis.

46. The Department decided to keep its options open on driver testing and training for existing drivers. There has been subsequent consultation on that.

47. The Department believes that the revised package of measures that emerged from the consultation process addresses the main concerns about taxi regulation and has achieved the best possible balance between competing interests. The Department will never keep everyone happy all the time, but it feels that it has gone a long way towards satisfying most interested parties. Most stakeholders welcomed the proposals, which were viewed as being uncontroversial. Costs are still a concern, and the Belfast public-hire sector does not support any of the proposals that they feel would open up the city’s taxi industry to more competition.

48. That ends my rather lengthy presentation.

49. The Chairperso

Session 2007/2008

First Report

Committee for the Environment

Report on the Taxis Bill (NIA 4/07)

TOGETHER WITH THE MINUTES OF PROCEEDINGS, MINUTES OF EVIDENCE AND WRITTEN SUBMISSIONS RELATING TO THE REPORT

Ordered by Committee for the Environment to be printed 29 November 2007 Report: 10/07/08R (Committee for the Environment)

Membership and Powers

Table of Contents

Report

Appendix 1

Appendix 2

Appendix 3

Appendix 4

Appendix 5

Executive Summary

Purpose

Key Issues

Enforcement

Disability Issues

Criminal Records Checks

Training

Taxi Sharing Scheme

Taxi Marshals

Taxi Plates

Consumer Council Role

Informal Appeals Mechanism

Role of Traffic Attendants

Fees

Taxi Touts

Funeral Cars

Enabling powers

Recommendations

Enforcement

Disability Issues

Criminal Records Checks

Taxi Plates

Introduction

“In my view the Taxis Bill would be within the legislative competence of the Northern Ireland Assembly.”

Extension of Committee stage of the Bill

Report on the Taxis Bill

Consideration of the Bill by the Committee

Evidence from Mr Samuel Egerton, the West Belfast Taxi Association and Mr Robert McAllister on 13 September 2007

Evidence from North West Taxi Proprietors and the Consumer Council on 20 September 2007

Evidence from Inclusive Mobility and the Transport Advisory Committee, London Taxis International and Mr Sean Smyth T+G Section of Unite, the Transport and General Workers’ Union and Mr Anthony McCloskey from the George Belfast City Airport Taxi Rank on September 27 2007

Evidence from Accessible Taxi Association Northern Ireland, Mr Terence Maguire, Mr William Black and International Airport Taxi Co Ltd on 4 October 2007

Evidence from Mr Kevin Doherty, Disability Action on 11 October 2007

Evidence from the Department of the Environment on 11 October

Evidence from the Department of the Environment on 11 October

Proposed Departmental Technical Amendments

Evidence from the Department of the Environment on 18 October 2007

Evidence from Department of the Environment on 23 October 2007

Key Issues

Enforcement

Disability

Criminal Records Checks

Training

Taxi Sharing Scheme

Taxi Marshals

Taxi Plates

Consumer Council Role

Informal Appeals Mechanism

Role of Traffic Attendants

Fees

Taxi Touts

Funeral Cars

Enabling powers

Clause by clause scrutiny of the Bill

Clause 1 – requirement for operator’s licence

Clause 2 – operator’s licences

Clause 3 – duties of licensed operators, etc

Clause 4 – hirings accepted on behalf of another operator

Clause 5 – hiring of taxis at separate fares – General

Clause 6 – compliance with a Departmental taxi sharing scheme

Clause 7 – advance booking

Clause 8 – operator’s licence authorising separate fares

Clause 9 – information

Clause 10 – functions in relation to operator’s licence authorising separate fares

Clause 11 – appeals in relation to operator’s licence authorising separate fares

Clause 12 – requirements for taxi licence

Clause 13 – taxi licences

TOGETHER WITH THE MINUTES OF PROCEEDINGS, MINUTES OF EVIDENCE
AND WRITTEN SUBMISSIONS RELATING TO THE REPORT

Ordered by Committee for the Environment to be printed 29 November 2007
Report: 10/07/08R (Committee for the Environment)

Thursday 31 May 2007,
Room 144, Parliament Buildings

Thursday 7 June 2007,
Room 144, Parliament Buildings

Thursday 14 June 2007,
Room 144, Parliament Buildings

Thursday 21 June 2007,
Room 144, Parliament Buildings

Thursday 28 June 2007,
Room 144, Parliament Buildings

Thursday 5 July 2007,
Room 144, Parliament Buildings

Thursday 6 September 2007,
Room 144, Parliament Buildings

Thursday 13 September 2007,
Room 144, Parliament Buildings

Thursday 20 September 2007,
Room 144, Parliament Buildings

Thursday 27 September 2007,
Room 144, Parliament Buildings