Private Hire Vehicles (Carriage of Guide Dogs etc.) Bill

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Clause 4


Amendments made: No. 11, in page 2, line 42, leave out '67' and insert '68'.

No. 12, in page 2, line 43, leave out from 'authority''' to end of line 7 on page 3 and insert

    ', after ''authority'' there is inserted '', except in section 37A,''.'.—[Mr. Gerrard.]

Clause 4, as amended, ordered to stand part of the Bill.

Clause 5


The Chairman: I now remind members of the Committee of my advice at the opening of the sitting.

Clause 5 disagreed to.

Clause 6

Short title, commencement and extent

Mr. Gerrard: I beg to move amendment No. 14, in page 3, line 14, leave out from 'Act' to end of line 18 and insert

    '(apart from this section) comes into force on such day as the Secretary of State or, in relation to section (Carrying of guide dogs, hearing dogs and other assistance dogs: Scotland) the Scottish Ministers, may by order made by statutory instrument appoint.

    (3) Different days may be appointed for different purposes and different areas.'.

The Chairman: With this we may take amendment No. 15, in page 3, line 19, leave out subsection (4) and insert—

    '(4) Any amendment by this Act of an enactment has the same extent as the enactment amended.'.

Column Number: 19

Mr. Gerrard: The final group of amendments deal with commencement. I refer particularly to the reference in amendment No. 14 to

    ''Different days may be appointed for different purposes and different areas.''

London is behind the rest of the country. [Interruption.] I wish that my hon. Friends would not read more into that remark than I intended. It related purely to the legislation. The rest of the country already has licensing regimes through local authorities. We do not have them in London, but Transport for London is progressing matters. We have got to the point where operators are licensed, and hopefully drivers will be licensed by the end of the year. That is out of our hands, and depends on Transport for London. We do not want the rest of the country to have to wait until the legislation is brought into force merely because there is a delay in getting the licensing provisions in place for London. Licensing for London is a large exercise. It is not being carried out borough by borough, or local authority by local authority, but for the whole of London through the Public Carriage Office. We will get there, but the provision allows us to ensure that the legislation can be enforced as soon as possible in other parts of the country. We can apply the legislation to London once we have the licensing provisions.

Amendment agreed to.

Amendment made: No. 15, in page 3, line 19, leave out subsection (4) and insert—

    '(4) Any amendment by this Act of an enactment has the same extent as the enactment amended.'—[Mr. Gerrard.]

Question proposed, That the clause, as amended, stand part of the Bill.

Mr. Gerrard: This is the last clause that we will consider, and I want to reiterate my thanks to hon. Members who have given up their time to help the Committee, and for the constructive way in which the Bill was considered. I thank the Minister and his officials who worked so helpfully through the amendments that were necessary to produce a Bill that will work. I also thank the Guide Dogs for the Blind Association and the RNIB. The Bill was produced through my contacts with them, and they have been of great support and assistance to me throughout my attempt to get the Bill to this stage. I hope that it will reach Report and will soon be on the statute book.

Mr. Jamieson: I offer my congratulations to my hon. Friend the Member for Walthamstow on the way in which he has handled the Bill, which has been exemplary. I know how difficult private Members' legislation is. It follows a precarious and difficult route through the House, and my hon. Friend has done extremely well to have got this far.

Column Number: 20

I am delighted to have been associated with the Bill. I was not the Minister who originally had charge of it, but there have been unforeseen rearrangements in the Department over the past fortnight, and happy circumstances meant that I could be associated with it. I, too, thank the officials who have given excellent advice throughout the Bill's consideration. We wish it safe passage through its later stages in the House.

Mr. Boswell: It would be churlish if Opposition Members made no comment. I simply want to reiterate the thanks and praises that have been lavished on the hon. Member for Walthamstow for what by all accounts has been a common and worthwhile endeavour, and the thanks for all the support that he has received. Support often has to be earned, and he has gone to great pains to liaise with people to try to get the legislation right. I welcome the Committee's emphasis on ensuring that the legislation is not merely right in theory, but works in practice. We are nearly there, and I do not anticipate any further difficulties. This morning's discussion will have helped to eliminate any remaining difficulties or concerns.

Question put and agreed to.

Clause 6, as amended, ordered to stand part of the Bill.

New Clause 1

Carrying of guide dogs, hearing dogs and other assistance dogs: scotland

    'In section 20 of the Civic Government (Scotland) Act 1982 (c. 45) (regulations relating to taxis and private hire cars and their drivers) the following subsection is inserted after subsection (2A)—

    ''(2AA) The Scottish Ministers may by regulations make such provision as appears to them to be necessary or expedient in relation to the carrying in private hire cars of disabled persons (within the meaning of section 1 (2) of the Disability Discrimination Act 1995 (c. 50)) and such provision may in particular prescribe—

    (a) requirements as to the carriage of guide dogs, hearing dogs and other categories of dogs;

    (b) a date from which any such provision is to apply and the extent to which it is to apply; and

    (c) the circumstances in which an exemption from such provision may be granted in respect of any private hire car or private hire car driver,

    and in this subsection ''guide dog'', ''hearing dog'' and ''other categories of dog'' have the same meaning as in subsection (2A) above.

    (2AB) Regulations under subsection (2AA) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.''.'.—[Mr. Gerrard.]

    Brought up, read the First and Second time, and added to the Bill.

    Bill, as amended, to be reported.

        Committee rose at twenty minutes to Twelve o'clock.

Column Number: 21

The following Members attended the Committee:
Cook, Mr. Frank (Chairman)
Berry, Mr.
Boswell, Mr.
Clarke, Mr. Tom
Coaker, Vernon
Cohen, Harry
Gerrard, Mr.

Column Number: 22

Gidley, Sandra
Jamieson, Mr.
Mahon, Mrs.
Naysmith, Dr.
Swire, Mr.
Watts, Mr.

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