§ 9.5 p.m.
§ Baroness Hayman rose to move, That the draft order laid before the House on 8th June be approved [23rd Report from the Deregulation Committee].
§ The noble Baroness said: My Lords, I beg to move the second of the Motions standing in my name on the Order Paper and, in doing so, trust that this will be less contentious a measure than the one we have just dealt with. The purpose of this order is to allow people holding driving licences issued under the Northern Ireland legislation to become taxi or private hire vehicle drivers in England and Wales without having a one-year wait, provided they meet all the other criteria of the licensing authorities.
§ Taxis have a long history of being licensed in this country, and private hire vehicle licensing outside London was introduced in 1976. When the Local Government (Miscellaneous Provisions) Act of that year received Royal Assent, it contained provisions relating to the requirements for licensing both taxi drivers and private hire drivers. These were, first, that the licensing authority—the local district council—had to be satisfied that the applicant was a fit and proper person to hold such a licence and, secondly, that the applicant had held a full driving licence for at least twelve months.
§
This latter requirement about holding a full driving licence was expressed in terms of a
licence granted under Part III of the Act of 1972 (not being a provisional licence) authorising him to drive a motor car".
This wording meant that the applicant had to have held a full driving licence issued under the Road Traffic Act 1972, which related only to Great Britain. A driving licence issued in Northern Ireland did not count, therefore. The Road Traffic Act 1972 has since been replaced, but the principle remains.
§ Whether this exclusion of Northern Ireland was the deliberate intention of the original drafters I am unable to say—I somehow doubt it—but the result is that, if people with Northern Ireland driving licences want to become taxi or private hire drivers in England or Wales, they have first to exchange their Northern Ireland driving licence for one issued in Great Britain and then wait for twelve months before their application may be considered.
§ In 1996, regulations were made under the European Communities Act 1972 recognising from 1st January 1997 driving licences issued by other member states of the EC as being equivalent to those issued in Great Britain. So anyone holding a driving licence issued elsewhere in the EC can apply for a taxi driver's or private hire driver's licence in England or Wales. Unfortunately, it was not possible to deal with the Northern Ireland licence problem in those regulations because to do so would be outside the scope of the European Communities Act.
§ So, we are now in the situation where people holding valid, full Northern Ireland car driving licences are the only ones within the whole of the EC who are unable to apply to become taxi or private hire drivers in England and Wales. This is a situation which we consider should be put right, and we believe that this order is an appropriate way of doing so.
§ The House's Select Committee on Delegated Powers and Deregulation has reported that the draft order is now in a satisfactory form to be submitted to the House for affirmative resolution, and there is nothing in the draft order which the Joint Committee on Statutory Instruments would have needed to draw to the attention of either House. I therefore commend the draft order to the House.
§ Moved, That the draft order laid before the House on 8th June be approved [23rd Report from the Deregulation Committee].—(Baroness Hayman.)
§ On Question, Motion agreed to.