Taxi Driver Online

Glasgow council's private hire crackdown never went ahead because scheme did not pass legal test

http://www.eveningtimes.co.uk/news/1620 ... VER_legal/

Blundering council bosses launched a private hire enforcement drive - without first checking it could legally go ahead.

In 2016, Glasgow City Council said it would employ mystery passengers to try to catch rogue drivers.

But now the local authority has had to admit the scheme never got off the ground because covert operations "could not be justified".

Speaking on behalf of the Glasgow Taxis Ltd executive committee, chairman Stephen Flynn said: “In theory, a mystery shopper scheme to target private hire drivers who ‘pirate’ for fares is a positive move to tackle a major problem, and the idea was quite correctly applauded when it was announced.

"However, the fact the council announced this scheme and extolled the virtues of the idea across the media landscape, with no idea how it would and could be actioned, speaks volumes."

The move was designed to save passengers being put at risk by drivers who illegally pick up people who flag them down in the street.

Known as 'pirating', picking up fares who have not pre-booked a breach of licence conditions but poses a serious threat to the safety of passengers.

A report to councillors in 2016 said pirating was a "widespread" problem and the mystery shoppers would ensure it was tackled and act as a "more effective deterrent".

But a Freedom of Information request as to the number of private hires caught out by the scheme showed it never actually started.

Steven Grant, Unite's cab section secretary, said: "We spoke with local officers at London Road and they said they had to back away from the scheme because it was something they couldn't do, it was close to entrapment.

"We are in agreement that the council should never have announced this unless they were absolutely sure they had covered the legalities of it.

"Mystery shopping is common practice with alcohol sales and so it is perplexing that they can't do it with private hires."

A Glasgow City Council spokesman said: “The legal advice we subsequently received indicated that this initiative did not meet the requirements of the Regulatory of Investigatory Powers (Scotland) Act.

“This advice indicated that as our taxi enforcement team already worked positively with the police to tackle drivers pirating for fares, there was no need for an undercover scheme.

“We were told that as overt operations were successful, covert operations were not necessary and therefore couldn’t be justified.

“We fully understand the risks created by drivers who pirate for fares and we continue to work with the police to tackle this issue.”

Mr Flynn said the issue of pirating is getting worse.

He added: “As Glasgow City Council said in its own announcement in 2016, there is substantial evidence about the high number of private hire drivers picking up passengers in the street without pre booking.

"Almost two years later, the problem is getting worse, not better.

"This illegal practice is a major safety risk for the people of the city and the council must not delay action on the issue any longer than it already has.

"Talking will not fix this problem, serious action is required."