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Transport minister highlights the strong taxi and private hire checks in place to curb immigration and criminal licensing problems



A Department for Transport (DfT) minister was quick to highlight the strong taxi and private hire driver licensing checks already in place to curb potential immigration and criminal issues.


The reassurance came after an MP called for a centralised system to track the immigration status and criminal records of licensed taxi and private hire drivers, which drew a response pointing to existing checks already in force across England.

Rupert Lowe, Independent MP for Great Yarmouth, raised the issue via a written Parliamentary question, asking whether legislation or guidance should be introduced to centralise such data collection. He aimed to address concerns over the monitoring of drivers’ right to work in the UK and their criminal histories.


In response, Simon Lightwood, a DfT minister, outlined the current legal framework already in place. He confirmed that the Immigration Act 2016 prohibits licensing authorities from issuing taxi or private hire licences to individuals who are disqualified due to their immigration status.

These disqualifications apply to those in the UK unlawfully, those not permitted to work, or those restricted by visa conditions that bar them from working in the sector. Local licensing authorities are required to carry out immigration status checks before issuing licences.


On criminal history checks, Lightwood said that all licensing authorities in England have, since April 2024, mandated enhanced Disclosure and Barring Service (DBS) checks as part of the ‘fit and proper’ person test. This includes scrutiny of criminal records relevant to public safety.

Further guidance issued by the Department for Transport in 2020 advises authorities to obtain overseas criminal records or certificates of good character where applicants have spent more than three continuous months abroad. This is to help authorities assess any risks before making licensing decisions.


The current measures, according to Lightwood, already support informed decision-making without the need for centralising driver data.


Lightwood said: “The Immigration Act 2016 prevents illegal working in the taxi and private hire vehicle sector, as either a driver or an operator. Licensing authorities are prohibited from issuing a licence to anyone who is disqualified by reason of their immigration status, and they discharge their duty by conducting immigration checks.

“Being disqualified from holding a licence by reason of their immigration status means that the person is in the UK illegally, is not permitted to work, or is permitted to work, but is subject to a condition that prohibits them from holding a licence in this sector.


“The requirement to check the immigration status of licence applicants is in addition to the ‘fit and proper’ test.


“The Disclosure and Barring Service (DBS) provides access to criminal record information through its disclosure service. As at 1 April 2024, all authorities in England required an enhanced DBS security check for all drivers as part of their ‘fit and proper’ test. The statutory guidance issued by the Department for Transport to licensing authorities in 2020 recommends that when an individual has spent an extended period (3 or more continuous months) outside the UK, licensing authorities should seek or require applicants to provide where possible criminal records information or a certificate of good character from overseas to properly assess risk and support its decision-making process. This enables licensing authorities to make an informed decision when considering if a person is ‘fit and proper’ to hold a taxi or private hire vehicle driver.”


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