Contribution
My Lords, like the noble Baroness, Lady Jones of Moulsecoomb, I start by apologising for not having spoken at Second Reading.
I will speak to a number of amendments in this group standing in my name and, with the indulgence of the Committee, I will speak also to Amendment 112 in the name of my noble friend Lady McIntosh of Pickering, who, unfortunately, cannot be in her place today. These amendments relate to Clause 23, which introduces Schedule 5, relating to new provisions in the Road Traffic Regulation Act 1984, creating, in effect, a new local licensing framework for micromobility vehicles.
Let me say at the outset that I think the noble Baroness, Lady Jones of Moulsecoomb, asked some very interesting questions about the scope of what should be included here, and I look forward very much to hearing what the Minister has to say in reply.
Amendments 105 and 106 in my name also relate to the definition of “passenger micromobility vehicles”. As drafted, the Bill currently allows the Secretary of State to prescribe further categories of vehicle by regulation at a later date, as appears in Schedule 5 to the Bill, on page 139, in addition to an “electronically assisted pedal cycle”. So a “passenger micromobility vehicle” means
“a pedal cycle … an electrically assisted pedal cycle, or … a micromobility vehicle that … is designed or adapted to carry one or more individuals, and … is of a description prescribed by regulations made by the Secretary of State”.
The “and” there is crucial. We are all aware of micromobility vehicles that are not pedal cycles or electrically assisted pedal cycles, such as e-scooters and things of that sort. They would have to be designated by the Secretary of State in order to be included in the scope of the Bill.
I do not know why that has to happen. I do not see why the Government cannot be clear about what this covers and cover it from the outset, not by way of regulation later, which may or may not happen; the remarks made by the noble Baroness about pedicabs and how long these things take to happen are salutary in this respect. So my reason for tabling these amendments is to probe why those categories are not clearly and properly defined in the Bill at the outset and why we will have to wait for regulations later.
My Amendment 107 addresses the exemption provisions. Schedule 5 permits the Secretary of State, again by regulation, to create further exemptions from what may otherwise be criminal prohibitions. So criminal offences will be created by the Bill, or the Act when it comes into force. On the face of the Act, certain things will be exempt from those criminal provisions—that is fine; not everything has to be criminal, and you might want some exemptions—but the Secretary of State may want to add to them later. Thus, through regulation, not an Act of Parliament, there will be changing and meddling with the criminal law and criminal liability. Even though it is moving in the right direction, I do not think that regulation by the Secretary of State is an ideal way for the criminal law in this country to be changed. So the Government should be clear on what additional exemptions they are thinking of producing, and, if possible, those should be included in the Bill.
Amendment 110 is an amendment to the amendment tabled by the noble Baroness, Lady Pidgeon, which requires local highways authorities to create sufficient space for micromobility vehicles. I have suggested the deletion of “sufficient”. This is probing, to some extent, but “sufficient” creates an unlimited obligation on the part of the local highways authority. What is sufficient? It is sufficient to meet demand. If the demand increases, more space must be produced. The noble Baroness, Lady Pidgeon, seems to think that this might be quite attractive, because it would force out private motor vehicles, which would have no such prior claim on the highway.