Wednesday 12th October 2016
(7 years, 6 months ago)
Lords ChamberBus Services Act 2017 View all Bus Services Act 2017 Debates Read Hansard Text Amendment Paper: HL Bill 58-I Manuscript amendments for Report (PDF, 81KB) - (12 Oct 2016)
16:35 - Division on Amendment 3 - Ayes: 216 / Noes: 175 - Amendment 3 agreed.
17:08 - Division on Amendment 6 - Ayes: 219 / Noes: 178 - Amendment 6 agreed.
17:33 - Division on Amendment 7 - Ayes: 80 / Noes: 174 - Amendment 7 disagreed.
18:03 - Division on Amendment 9A - Ayes: 189 / Noes: 164 - Amendment 9A agreed.
19:02 - Division on Amendment 14 - Ayes: 167 / Noes: 150 - Amendment 14 agreed.
Baroness Scott of Bybrook (Con)
My Lords, as my county was mentioned by the noble Lord, Lord Whitty, for which I thank him, I thought that I should respond. I do not think this amendment is necessary. Many counties such as Wiltshire already know exactly what is happening with bus services in their areas and the importance of them to their communities. Wiltshire has just finished a review which took place over the last six months. We have had nearly 12,000 responses, which is excellent for our county. We are looking at our bus services in response to those responses. As the noble Lord, Lord Whitty, said, bus services rightly need to be provided for vulnerable people and people trying to get to work but also for people in rural communities trying to access leisure facilities. We are doing that. It is interesting to note that we will save half a million pounds this year by not retaining the bus services that are not required by the people of Wiltshire.
However, a much more important aspect of this concerns the number of buses used by public services in our local authorities. Health, for example, spends as much money in Wiltshire on supporting transport in our county as we do. Therefore, it is important that we work together with other public services to ensure that we obtain the most efficient service for moving people around our areas as we possibly can.
The Parliamentary Under-Secretary of State, Department for Transport (Lord Ahmad of Wimbledon) (Con)
My Lords, I thank all noble Lords who have taken part in this short debate. I will speak to both Amendments 1 and 113 in this group.
The noble Lord, Lord Whitty, mentioned the spirit in which discussions on the Bill have taken place, and I support his sentiment. From the Government’s perspective there has been a willingness to listen and to take on board comments that have been received, as well as to provide explanations when they feel that provisions already cover various aspects of amendments.
Amendment 1 in the name of the noble Lord, Lord Whitty, would require all non-metropolitan county councils to assess and consult on the needs of local bus passengers, with an associated duty to subsequently secure the provision of such bus services as the authority considers “reasonable and appropriate”. I appreciate what this amendment seeks to achieve, particularly in ensuring that local authorities consider the benefits that good bus services bring and undertake a proper assessment of local transport needs. However, as noble Lords may well know, the Transport Act 2000—as amended by the Local Transport Act 2008—already obliges local authorities to produce local transport plans. Authorities are obliged to develop policies for the promotion and encouragement of safe, integrated, efficient and economic transport. This ensures that transport needs are looked at collectively rather than on a mode-by-mode basis. Local transport authorities are then required to prepare a local transport plan which must, among other things, contain such policies.
Under the original provisions of the Transport Act 2000, each local authority was also obliged to produce a bus strategy. These bus strategies contained authorities’ general policies on how best to secure services that met passenger needs. Again, the Transport Act 2000 provisions had a similar focus to the amendment tabled today by the noble Lord, Lord Whitty. The requirement to produce separate bus strategies was removed by the Local Transport Act 2008. The rationale for this was to allow bus measures to be integrated more effectively into the core local transport plan and to remove the burden of producing two different but related strategies from local transport authorities. The Government’s view is that this remains the correct approach.
The Bill also already requires any local transport authority that plans to go down the enhanced partnership route to produce an enhanced partnership plan that will set out policies and objectives relating to bus services. The authority must also consult on such a plan. In effect, it would require the local authority to undertake an assessment addressing very similar issues to those which would be addressed in the assessment required by the amendment moved by the noble Lord, Lord Whitty. I would not want to impose additional burdens on authorities that choose to pursue an enhanced partnership.
On the new duty included in this amendment, which requires county councils in non-metropolitan areas to secure the provision of local bus services, again I recognise the noble Lord’s intention, but the amendment would not make a practical difference. As my noble friend Lady Scott has already pointed out, local authorities are very much aware and indeed practiced in implementing sound policies. This is because there is already a very similar duty on non-metropolitan county councils, which local authorities are aware of, under Section 63 of the Transport Act 1985. I therefore hope that the noble Lord understands why I cannot support the amendment and as such will feel able to withdraw it.
Amendment 113, also tabled in the noble Lord’s name, would require the Secretary of State to produce a national strategy for bus services. As I have said at previous stages of debate on the Bill, devolution is an important theme that has informed the development of the Bill. Indeed, the essence of and the intent behind the Bus Services Bill reflect the Government’s own perspective on how bus services should be progressed and taken forward. This Bill is all about providing authorities with new tools to enable them to improve their local bus services in the way that best suits their areas. It is not about imposing particular models.
Central government of course has a valuable role to play in setting the wider agenda through policy initiatives such as the low-emission bus scheme and our Total Transport pilots, but centrally determined strategies for local bus services would not help authorities to address particular issues relevant to them and to their area. As such, it does not seem sensible for central government to set a national strategy when local authorities and bus operators working together will be designing services and setting standards locally.
Additionally, as I have previously explained, the Department for Transport helps to support local bus services outside London by paying some £250 million per year through the bus service operators grant. We are already reviewing the BSOG system, with the aim of ensuring that funding is targeted where it is most needed in line with local authority objectives. Through that work we should establish and set out central government’s priorities and objectives for the funding that is provided.
I hope that my explanation has given the noble Lord, Lord Whitty, sufficient reassurance to enable him to withdraw his amendment.
Lord Ahmad of Wimbledon
“( ) An advanced quality partnership scheme must include a description of the authority’s or authorities’ plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the scheme is working.”
Lord Ahmad of Wimbledon
My Lords, I turn, if I may, to the amendments tabled by the Government, beginning with Amendment 2, tabled in my name. A number of noble Lords tabled amendments in Committee on the theme of passenger representation. Those amendments aimed to involve passengers in the ongoing monitoring and review of franchising and partnership schemes. In Committee, I expressed my sympathy with the aims of the amendments and promised to consider how best the Bill could be amended to help achieve those objectives. I am now tabling a number of amendments that aim to incorporate ongoing passenger consultation as a core component of franchising schemes and partnership plans and schemes.
The amendments require authorities to set out, as part of their plan or scheme, arrangements for consulting organisations that are representative of users of local services. As I said in my opening remarks on the previous amendment, one of the core principles of this Bill is local devolution, and it should be for individual authorities to determine exactly what form that consultation should take. It could be that one authority chooses to set up a dedicated board and consult with it regularly, while another may choose a more light-touch approach, more in line with the scale of the proposals they are considering. I trust noble Lords will agree that these amendments are useful and will help ensure that authorities implementing partnerships or franchising thoroughly consider how best to capture the views of passengers throughout the life of their scheme.
I turn now to Amendments 9, 30, 40 and 68 in this group. These amendments, tabled by the noble Baroness, Lady Randerson, would explicitly name bus users as statutory consultees when franchising or partnership schemes are proposed. I would certainly encourage authorities to consult bus passengers when major changes are proposed to the local bus network. However, creating a statutory obligation to consult bus users would, in my view, create practical difficulties for local authorities. It would be impossible for authorities to identify who falls within that category of people to ensure that they comply with any such obligation.
I appreciate the importance of engaging with bus users and propose to address the issue specifically in guidance. For this reason, the Government have included organisations appearing to the authority to represent bus users as statutory consultees when a franchising or partnership scheme is being made. I hope that the noble Baroness, Lady Randerson, is reassured by my explanation and feels able not to press her amendments. I beg to move Amendment 2.
Baroness Randerson (LD)
My Lords, I rise to speak to the amendments in my name in this group. I believe that the Bill is improved by the numerous amendments that the Government have put down. I want to make it clear that, on these Benches, we appreciate the fact that the Minister has responded to concerns on a range of issues. It is indeed a much better Bill than it was. It is no longer, as I described it at one point, the buses Bill that does not refer to passengers. We have gone beyond that point.
The purpose of my amendment is to ensure that bus users are consulted at every stage in a variety of ways, and to bring a more consistent approach in the Bill to consultation generally, because there were huge inconsistencies and variabilities between the way consultation was referred to on enhanced quality partnerships, for example, versus franchising. No matter what the arrangement on buses, bus users deserve to be consulted.
Amendment 68, supported by the noble Lord, Lord Whitty, refers to not just bus users but the organisations that represent them. I wanted to be clear that consultation should be routinely undertaken at both levels: organisations representing users, both large and small, local and national, and local consultation of individual users—the old-fashioned notices on the bus stop when the service will change.
I appreciate very much that the Minister has brought forward amendments that take on board amendments we put forward in Committee. We now have a much clearer view of the guidance and what it will contain. Because of that, I will not push these amendments to the vote, but I would like the Minister to give us some further information when he sums up. Passengers need to be at the heart of the whole thing. Therefore, the guidance needs to ensure that local publicity to passengers is good enough and comprehensive. It is no good advertising in some London-based newspaper; it has to be at an appropriate level.
I draw the noble Lord’s attention to the comments from Transport Focus. In its guise as the passengers’ council—that being its official, statutory name—it has emphasised that passengers need to be consulted in the design of the service, and that there needs to be a clear statement of promises for passengers and continuous assessment and feedback from passengers via, for example, research or feedback about cleanliness, punctuality and so on. It must be both qualitative and quantitative research. Transport Focus says that there is no substitute for asking passengers themselves. Those are very wise words. It also emphasises that changes to the service, whether it is timetables, fares or ticketing, and an effective complaints process are essential if you are to get proper consultation.
Please can the Minister reassure us that the guidance, when it is completed, will address those issues?
Lord Kennedy of Southwark
My Lords, these amendments concern mainly the consultation process and we support them. It is clear that the noble Lord, Lord Ahmad of Wimbledon, and his colleagues have listened to points raised by noble Lords at earlier stages of the Bill and we are grateful to them.
Amendments 9, 30, 40 and 68, proposed by the noble Baroness, Lady Randerson, and the noble Lord, Lord Bradshaw, would improve on the Government’s proposal, in that they would put “bus users” into the Bill. The Minister said that he was not prepared to accept the amendments, but I do not agree with him. The noble Baroness, Lady Randerson, correctly talked about the need for consistency in the proposed consultation and for bus users to be at the heart of it. I am sure that the Minister will explain further why he is not prepared to accept the amendments, but it would be quite simple to consult people—you could have adverts on the tops of buses, inside the buses and on the website, asking them to get back to you. That is how you consult bus users in addition to statutory organisations, and it would not be that difficult. Having bus users explicitly involved in the consultation process would be very welcome. I hope the Minister will set out further why he cannot accept the noble Lords’ amendments.
Having said that, I do not intend to delay the House further. We are genuinely grateful for the other amendments the Government have brought forward today.
Lord Ahmad of Wimbledon
My Lords, I thank all noble Lords and in particular the noble Baroness for their amendments and contributions, and for their broad support for the government amendments. I assure noble Lords that the intent behind the government amendments, together with the guidance, is to put the customer, the passenger, at the heart of this Bill. We want that sentiment to be reflected in respect of all modes of transport. To provide perhaps further reassurance to noble Lords, I have made a note of the noble Baroness’s suggestions and will make sure that they are reflected in the further detailed guidance. The noble Lord, Lord Whitty, spoke of good practice on the part of some local authorities whereas others are perhaps not quite up to the mark. I hope that the Bill and the strengthened guidance, taking on board the comments I have heard during today’s short debate, will together ensure that passengers are truly at the heart of local bus services.
Lord Kennedy of Southwark
My Lords, Amendment 3, moved by the noble Lord, Lord Bradshaw, has considerable merit and we on these Benches will support him if he wishes to test the opinion of the House. As we have heard in this short debate, the amendment seeks to enable the Secretary of State by order to confer powers upon a transport authority to enforce traffic offences where it has applied for them. The powers will enable authorities to deal more effectively with moving traffic offences, which in turn will help with reliability and punctuality issues for buses, as we have heard. It is not an automatic right: a case will have to be made for why the powers would be desirable in a particular area.
The Government should not in any way be concerned by this proposal as the power to grant, or not to grant, rests with the Secretary of State. The Local Government Association also has indicated its support for the amendment, although, as it points out, the Government already have the power to enable local authorities to enforce moving traffic offences. Ministers could announce from the Dispatch Box today that they will enable that power, which was referred to earlier. I will not detain the House any further on this but, for the benefit of the House, I state clearly again that if the noble Lord wishes to test the opinion of the House, we on these Benches will be with him in the Content Lobby.
Lord Ahmad of Wimbledon
My Lords, I thank all noble Lords who have taken part in this debate on Amendment 3. In moving his amendment, the noble Lord, Lord Bradshaw, reiterated that it would give all areas where an advanced quality partnership scheme is in place the powers to enforce moving traffic offences. I agree with him that congestion can have a major impact on local bus services, as other noble Lords have said, but I would also stress that local authorities have many options to address it, from infrastructure measures and technological solutions to the enforcement of moving traffic offences in bus lanes.
For instance, local authorities can designate bus lanes to provide dedicated road space for buses, enabling them to bypass traffic queues. Buses can also be exempted from restrictions such as no-entry signs. This can allow buses to benefit from a shorter, more convenient route than other traffic, sometimes by bypassing locations where there are known congestion issues. These are exactly the sorts of measures that local authorities can bring to an advanced quality partnership as their side of the bargain. I also confirm that English local authorities outside London that can enforce parking violations already have the powers to enforce bus lane contraventions, including moving traffic violations in bus lanes. This means that over 90% of the 293 English local authorities outside London can already enforce bus lanes.
I recognise that the noble Lord’s amendment would broaden these powers further and allow the enforcement of moving traffic contraventions, such as at yellow box junctions. There are already provisions available, as noble Lords know, in Part 6 of the Traffic Management Act 2004 to permit enforcement of other moving traffic violations by English local authorities outside London. Although the Government have made no current decisions on whether to bring these powers forward, we discuss them regularly with the Local Government Association and other key organisations—as I am sure noble Lords recognise, since we have many a vice-chair of the LGA here. Given the existing powers available to local authorities and the existence of Part 6 of the Traffic Management Act, additional legislation in this context, particularly where it relates solely to the narrowest type of partnership, is not necessary.
A question was asked about why only franchised areas or mayoral combined authorities can get this power. First, the devolution orders for mayoral combined authorities provide a legal mechanism to grant these powers to enforce moving traffic offences to those authorities. The mechanism does not exist for all types of authority. I assure noble Lords that we will continue to consider the case to grant these powers to all local authorities. However, for the time being, I cannot accept this amendment. I hope my explanation and the reassurance I have provided will allow the noble Lord to withdraw his amendment.
Lord Bradshaw
I am very sorry to disappoint the Minister. When local authorities, such as Reading, for example, have powers to enforce bus lanes, they still have great problems enforcing things such as yellow box junctions and right turns. This legislation passed on to the statute book 12 years ago and it is time that it was brought into effect. I wish to test the opinion of the House.
Lord Ahmad of Wimbledon
Lord Ahmad of Wimbledon
My Lords, I shall now speak to Amendments 4 to 6, 15, 19, 21, 63, 64 and 66 in this group, which all deal with emissions from buses.
As I recognised during our debates in Committee, buses have a huge part to play in solving some of the country’s air quality problems and challenges and combating global warming. I share the desire of many noble Lords for low-emission buses to be adopted more widely, and I thank those noble Lords with whom I have had the opportunity to discuss the issue in more detail. I undertook in Committee to consider how the Bill could best achieve this outcome.
Amendments 4, 15 and 64 in my name make it explicit that emission standards can be specified as standards in partnership schemes or included in local service contracts in the context of franchising. Emission standards can be included in the schemes, thus giving local transport authorities flexibility to determine an approach that best suits their area.
I also wish to ensure—as the noble Baroness, Lady Randerson, urged me to do in Committee—that all local transport authorities that use the new powers properly consider the potential to achieve better environmental outcomes. The draft guidance, which was circulated last week, achieves this and provides important information about how the tools in the Bill link up with other government initiatives in this area.
I turn to the other amendments in the group. The noble Baroness, Lady Randerson, tabled Amendments 5, 21 and 63, which have a similar effect to my amendments. I therefore hope that, on reflecting on the government amendments, she will be minded not to press hers.
Amendments 6, 19 and 66, tabled by the noble Lord, Lord Kennedy, would require all advanced quality partnership, franchising and enhanced partnership schemes to prescribe specifications previously used for the department’s low-emission bus scheme. These amendments sit somewhat uneasily with the devolutionary nature of the Bill. They would in part tie the hands of authorities looking to implement franchising, advanced quality partnerships or enhanced partnerships, requiring them to specify higher standards for vehicles than in other parts of the country—whether they have an air quality issue to address or not.
It is our view that this centralist approach would bring unnecessary additional costs that could make the difference between schemes being economically viable or not. The likely consequence is that many local transport authorities will simply not pursue the schemes at all.
I believe that this is an important issue—I know that that sentiment is shared across the House—but the Bill needs to strike the right balance between giving authorities the right tools for the job and not being overly prescriptive about how improvements are to be achieved. That is the objective of Amendments 4, 15 and 64, and I beg to move.
Baroness Randerson
My Lords, we are pleased that the Minister has responded to our concerns and that the Bill now steers both local authorities and bus companies in the direction of less-polluting buses. That is very much to be welcomed, because we must bear in mind that technology is moving very swiftly. Electric buses are developing very fast. For example, I recently travelled on London’s first double-decker all-electric bus. There are biofuels—methane and so on. All sorts of opportunities are opening up very fast.
We must also bear in mind that this will become an Act that will probably last for decades—the previous one has lasted for more than 30 years—so we need to look to the future. It is essential that we make sure that new buses are non-polluting and encompass the best of technology at the time. Of course, as the noble Lord implies, there will be a cascading down of old buses but there are other ways in which local authorities and bus companies can manage to provide a less-polluting service. For local authorities, low-emission and ultra-low-emission zones must surely become more popular and common in the future.
I am sorry to disappoint the noble Lord that, as a devolutionary party, we on the Liberal Democrat Benches are also an environmental party. Therefore, there are times when we have to balance one principle against another and say that for the sake of the environment, which I remind noble Lords means for the sake of the health of our children as well as the natural world, we have to go with the best possible option. I believe that the Labour amendment has more detail because it refers to a very specific scheme so it is seriously worth supporting. We will not push our amendments to the vote but we will support the Labour Party on this occasion.
Earl Attlee (Con)
My Lords, all noble Lords understand the importance of emissions controls, but when the noble Baroness, Lady Jones, decides what she is going to do with her amendment could she tell the House what she thinks is more important—fuel efficiency, related to carbon emissions, or pollutant emissions such as PM10 or PM5 or nitrous oxides? Does the Office for Low Emission Vehicles determine which is the priority, fuel efficiency or pollutant emissions, or do the Government tell the office which is the priority?
Lord Ahmad of Wimbledon
My Lords, I once again thank noble Lords who have taken part in this debate. I am a tad disappointed in the response that I am hearing. The Government have taken a balanced view in line with their intent, reflected across the Chamber, to tackle the issue of emissions. I fear that what the Opposition propose or support in the amendments in the names of the noble Baronesses, Lady Jones and Lady Randerson, and the noble Lord, Lord Kennedy, will in certain areas where there is no issue put a prescriptive obligation on local authorities. The other question, which we have discussed outside the Chamber with both noble Baronesses, is that of the smaller operators, which will be more challenged by the setting of such particular prescriptive limits. When we look at legislation we must look at its application in a national context—notwithstanding the fact that some operators provide essential services, which will be disadvantaged by this proposal—and in other areas where these prescriptive obligations are set, where there is not the same issue prevailing.
I fully accept—as the noble Lord, Lord Judd, mentioned—that there are now, in terms of manufacturing of course, vehicles being produced. May I suggest, perhaps as I have previously on this Bill, a small olive branch? I think that we are on the same page here; we all want to tackle this important issue. We can look to see how, within the guidance that will accompany the Bill, the issue raised by noble Lords about OLEV can be reflected.
I feel, and I emphasise again, that the amendments presented by the Government are not just about devolution. They are also about, as I said in my opening comments, economic viability and ensuring that we get the level of take-up on some of the issues. I fear that other amendments, as they currently stand, would disadvantage passengers and perhaps even end up stopping partnership and franchising schemes happening in certain areas. I think that the Government’s amendments strike the right balance but, as I said, in the spirit in which this Bill has been discussed, we can certainly ensure that the issue of OLEV is better reflected and specified in the guidance.
Lord Ahmad of Wimbledon
My Lords, I thank the noble Baroness for tabling the amendments. We return to an issue that I know we have discussed before. As the noble Baroness is fully aware, I have sympathy with the intention behind Amendments 7 and 16. I accept that affordable, accessible local transport is important for many young people’s lives—to ensure greater social integration, for education and for those young people embarking on careers.
As noble Lords will recognise, many local councils already have their own schemes and use their existing legal powers to provide discounted fares for those living in the area. Bus companies also know that helping young people to use bus services by offering concessions of their own may make them customers for years to come. I would certainly encourage councils and operators to continue to build upon the offers they have already put in place. Let me assure noble Lords—I am sure that all those who have participated thus far realise this—that the Bill provides exactly those new opportunities to do so, not least through the ability to standardise eligibility for concessions across operators through an enhanced partnership scheme.
However, the Government do not support a mandatory youth concession being a requirement relating to either advanced partnership schemes or franchising schemes, which is what these amendments seek to achieve. It may be that a local authority would seek to deliver a youth scheme through either a partnership or a franchising scheme. Such a concession would be costly to both the local authority and bus operators. Therefore it is right that any such decision to implement a youth concession for a particular area should be taken locally. That, after all, is what the Bill is about: enabling local authorities to work with bus operators to improve their bus services in ways that address local needs.
I have already said that if you build a relationship with young people, as many local authorities and bus operators do through such concessionary schemes, they will become customers for the long term. However, we do not wish to tie the hands of local authorities when it comes to taking decisions about concessionary youth fares. There are good reasons for this. If we look across the country, only a handful of local authorities have no council co-operator youth concession schemes. If we were to impose a national scheme there would be winners, but there would be losers as well. The precise cost of such a scheme will vary. Depending on its nature, it could run into hundreds of millions of pounds.
Therefore, while the noble Baroness knows that I sympathise and empathise with the need to encourage greater participation of young people using our buses, we feel—I believe it is the right way forward—that it is for councils and local bus operators to take that decision locally in the best interests of their communities.
Baroness Randerson
My Lords, I am disappointed that the Minister is not more enthusiastic about this. I argue that the Bill as amended by the Government gives some opportunities, but we feel that local authorities need to be nudged a lot more firmly in the right direction on this issue. We are respecting devolution with this because the amendment simply specifies reduced fares, not the level of reduction. It gives flexibility to local authorities, within an obligation, to deliver in the way they wish. It allows them a great deal of freedom in how they do this, but it would ensure that young people receive a message that they are welcome in our society and that they should be enthusiastic about their education and training. I therefore wish to test the opinion of the House.
Lord Ahmad of Wimbledon
“( ) the plans described in the scheme for consulting in order to seek views on how well the scheme is working,”
Lord Kennedy of Southwark
This group contains some very helpful government amendments following our deliberations in Committee and we are grateful to the Minister for putting them before us today. The Government have clearly listened to noble Lords on many of the points they made. I am particularly pleased with Amendments 11 and 36, where the Government responded to the eloquent points on national parks made by my noble friend Lord Judd in Committee. However, I support my noble friend Lord Whitty when he carefully set out the importance of a proper consultation with representative employees and trade unions and I am pleased that he has tabled his amendment today.
I was also pleased to see that the Passengers’ Council is included in the amendments before us. There are other important amendments here but when the noble Lord, Lord Ahmad, makes his contribution I would like him to explain how the government amendments cover the points made by my noble friend Lord Whitty in respect of his Amendment 35 and my Amendment 38 regarding consultation. I am, though, generally content with the thrust of the amendments that have come from the Government.
Lord Ahmad of Wimbledon
My Lords, I thank all noble Lords who have participated in this short debate thus far. As they have acknowledged, in our constructive debates in Committee I talked of the importance of going back to look at consultation as far as franchising and partnership proposals are concerned. Noble Lords have already alluded to the amendments in my name which add the Passengers’ Council, the national parks authorities—on which I know the noble Lord, Lord Judd, was particularly focused—and the Broads Authority as statutory consultees in relation to partnership plan schemes and franchising schemes. It is also appropriate that representatives of employees of operators of local services in the area, or areas, to which the proposals relate should be consulted by the local authority on its franchising proposals.
The Passengers’ Council, which is the legal entity better known as Transport Focus, as noble Lords have said, has a duty to keep local bus services under review and to investigate such services if referred by passengers, passenger representative bodies or the Secretary of State. Adding them as a statutory consultee in relation to franchising and partnership consultation provisions in the Bill provides further demonstration of the Government’s commitment to ensuring the importance of consultation with passenger groups. I hope these amendments also address the concerns of the noble Lord, Lord Whitty, and that he will feel able not to press his Amendment 31.
On Second Reading and in Committee the noble Lord, Lord Judd, spoke passionately about the importance and value of our national parks. I appreciate the time that he took to come to see me with representatives to ensure that this important issue was also reflected in the amendments. I want to ensure that authorities that are considering implementing any of the new plans or schemes in the Bill will consult the relevant national park authority, or the Broads Authority, if they think that its area is to be affected. I also thank him for his Amendment 23, which would make national park authorities relevant authorities in proposed new Section 123B. This section deals with the business case and concerns primarily the authorities that will make a franchising scheme. As I said, although I take the role of the national parks seriously, I feel that it would not be appropriate to include them in this section. I hope that the noble Lord, Lord Judd, feels reassured by my earlier amendments and the amendments tabled by the Government and will not move his amendment.
I turn to Amendment 29. In response to the helpful words of the noble Lord, Lord Whitty, in Committee, I recognised that franchising proposals could have a material impact on employees in changes to service patterns and, potentially, operators of services. This amendment seeks to ensure that employees who may be affected in this way are consulted appropriately. It is similar in many ways to Amendments 32 and 35, tabled by the noble Lord, Lord Whitty, and to part of Amendment 38, tabled by the noble Lord, Lord Kennedy. I recognise that my approach perhaps does not go as far as Amendments 35 or 38 in defining exactly which employee groups an authority should consult—a point made by both noble Lords. I will tell them the reason why. We think that the franchising authority is best placed to determine precisely which organisations to consult, as is the case elsewhere in the Bill. I hope that that wider definition will allow them to reflect on this and that they will not press their amendments.
As we are debating consultation with employee representatives I should say that I see mandating this as a wholly appropriate measure under a franchising scenario that has significant impacts on employees. The Government do not believe that it is necessary when forming a partnership. I am therefore not in a position to support Amendments 9A and 10A, tabled by the noble Lord, Lord Whitty. Only in a very particular set of circumstances will an enhanced partnership lead to changes for employees that are similar to those arising from franchising, so it does not seem appropriate to mandate consultation, as the amendment tabled by the noble Lord, Lord Kennedy, would do.
Let me also briefly touch upon Amendments 57 and 59. They clarify which local authorities should be consulted when advanced ticketing schemes are made. At the same time, they add the national park authorities and the Broads Authority as statutory consultees. As I said earlier, consultation is important. As the Bill supports devolution principles, I believe that local authorities are best placed to set out how consultations should be conducted. They will know how long such a consultation should last to ensure that all those consulted have the ability to respond and what the best formats are for it in their area, addressing any specific needs which arise. Best practice guidance already exists for consultation and I encourage local authorities to take notice of it. I hope that the noble Lord, Lord Kennedy, will agree that Amendments 38 and 72 are therefore not necessary.
Lord Whitty
My Lords, I am rather disappointed in the Minister. We are not that far apart: he recognises that the employees of bus companies are an important part of making these schemes operate, whether under advanced partnerships or franchising. I do not really understand the distinction between the two. It may well be that there are less drastic changes in the method of working and the coverage of companies within the advanced partnership. Nevertheless, there are potential changes. It is extraordinary that the Minister’s advice concludes that in the list of consultees under advanced partnerships, which is almost the same in all other respects as the list of consultees under franchising, the one element missing is representatives of employees who are affected by those changes. I do not think that that is logical. If the Minister thinks about it, it is not logical. The two lists of consultees should be pretty much the same. It may be that one group of consultees in one context has less leverage or less effect than the other, but they need to be consulted in both contexts.
I would be prepared to go along with the Minister’s substantive amendment, Amendment 29, in relation to franchising if he also accepted the qualification to that in my Amendment 35, or something very like it, which indicates that where there is a recognised trade union—we are not asking the franchising authority to impose a form of industrial relations on a company that has not already recognised trade unions—it should be consulted and, in other respects, there should be proper representation of workers outside the trade union. That is the best way forward for stable industrial relations. It is the best way forward for having constructive engagement with the workforce in the beneficial changes that we all hope this Bill will deliver. The Minister’s argument is a bit illogical in excluding that from advanced partnership and in not being prepared to go the extra mile in defining what he means in relation to franchising. I shall put in a final plea to the Minister to consider this again, come back to us and have some discussions between now and the final stage, because this is an important matter. I will offer an olive branch in that direction to see whether he is prepared to move a little bit and consult further.
Lord Ahmad of Wimbledon
That is an open invitation. I am open between now and any stage to meet any noble Lords, but I have outlined the Government’s position at this time. I assure noble Lords that in reflecting on the contributions in Committee, the Government have carefully considered all elements. I agree with the noble Lord in that I do not think that there is that much difference between us, but I have outlined where we currently stand, and it is for the noble Lord to consider where he stands on the basis of the discussions we have had.
Lord Whitty
My Lords, I am afraid “currently” does not quite do it for me. With genuine reluctance, because I do not think there is a principle between us here, I want this on the record either way, and therefore, with reluctance, I wish to put this to the House.
Lord Ahmad of Wimbledon
“( ) the Passengers’ Council,”
Lord Ahmad of Wimbledon
“( ) National Park authorities,( ) the Broads Authority,”
Lord Kennedy of Southwark
My Lords, Amendments 12 and 13 bring back to your Lordships’ House an important issue that the noble Baroness, Lady Randerson, raised in Committee. I recall her bringing to the attention of the Committee a statement made by the CMA in July. Concern was expressed that, after being consulted, the CMA could come back again and again, which would deter a local authority from seeking arrangements, partnerships or franchises since it would view the arrangements as impossible hurdles to overcome.
The two amendments seek to set out some parameters for a CMA investigation in less than two years, and they arrive at a series of complaints or an adverse effect on competition. I think that is sensible, and I hope the Minister can address the issues raised by the amendments as it is important that we get the balance right here, rather than again making little progress, despite the Bill’s good intentions, due to other factors such as those highlighted in this short debate.
Lord Ahmad of Wimbledon
My Lords, I thank noble Lords for their contributions in this regard. The noble Lord, Lord Bradshaw, has proposed a number of amendments that aim to restrict the ability of the CMA to investigate franchising schemes for a period of two years unless it has received a complaint or it becomes aware of a significant adverse effect on competition. As noble Lords have already stated and will be aware, the CMA issued a letter on the Bill on 29 June that contained nine recommendations. Our response to those recommendations was issued on 10 October and is on the GOV.UK website. One of the recommendations was for the CMA to be listed as a statutory consultee in relation to consulting on franchising proposals. The Government have accepted that recommendation, so I am pleased to support Amendment 34.
I agreed that it would also be helpful for franchising authorities to work with the CMA as they develop their proposals. I am sure we are agreed that that should help to ensure that the CMA is made aware of the potential effects on competition and the benefits or impacts it could have on bus operators and local people. The CMA is responsible for conducting market studies and investigations in markets where there may be competition and consumer problems, and for investigating instances where there may be anti-competitive agreements or abuses of a dominant position. If an authority has consulted the CMA on its franchising proposals and taken account of any recommendations made by it, I do not believe that the CMA is likely to have further concerns.
I turn to a technical issue. Schedule 10 of the Transport Act 2000 does not give the CMA the power to investigate franchising schemes. If the authority had any concerns about the impact of the introduction of a franchising scheme, it would make its views known as part of the consultation and would have to consider whether it had any powers available to it under general competition law. Any restriction of powers available to the CMA would send the wrong message about the important role that it plays in protecting consumers.
The noble Baroness, Lady Randerson, raised the issue of the Government’s acceptance of the CMA’s recommendations, particularly regarding whether the LTA should assess or test partnerships before moving to franchising. I shall provide further detail at this juncture, if I may. Under the new Clause 123B of the Transport Act 2000 inserted by the Bill, authorities are already required to compare a franchising scheme to other options. These other options are highly likely to include partnerships and a do-nothing scenario, whatever the CMA has recommended. We have been clear in our response to the CMA’s recommendation that there will be circumstances where partnerships or the deregulated market simply cannot achieve the outcomes that elected politicians are working towards. A single fare structure across a wide geographical area and transport modes, as in London, is a good example of such an outcome. So we are not creating an overly high or impossible hurdle for franchising authorities or setting a particularly high bar.
I hope the assurances I have given have persuaded the noble Lord, Lord Bradshaw, that the CMA has an important role to play, as we all accept, and that local authorities should work with it as proposals are developed to ensure that local bus passengers get the best possible service. With those assurances, I hope the noble Lord is minded to withdraw his amendment.
Lord Bradshaw
I am sorry, but those assurances do not satisfy me at all. The fact is that the Competition and Markets Authority defines markets very narrowly. It takes a town—Morpeth, for example—and looks in minute detail at what is going on. Of course you can find anomalies, but that does not mean that they are prejudicing choice or competition.
This whole matter requires much further study. I have not seen the letter of 10 October to which the Minister referred, and I will of course study it. He has not given me the assurances I want. He has not referred to the almost disputatious relationship that the department has with the CMA over the northern franchise.
Lord Ahmad of Wimbledon
I thank the noble Lord for giving way. When he has read the letter, I am very willing to meet him between now and Third Reading to see how we can address his further concerns, if he is not satisfied with the Government’s response. I assure him that our intention in accepting Amendment 34 is that the statutory consultation happens in advance, as we have said in relation to other consultees.
Lord Bradshaw
I thank the Minister for that. It would be sensible for me to accept his suggestion of a meeting, but I have serious reservations about the role of the Competition and Markets Authority, particularly as it affects the transport industry. Perhaps, in preparation for the meeting, he will find out how many inquiries the Competition and Markets Authority has made into the local transport market, as opposed to large-scale industries such as steel or cement. He will find that a totally disproportionate amount of its time has been spent investigating the transport sector, often in minute detail.
With that offer of a meeting, I will beg leave to withdraw the amendment, but reserve the right to return to this matter at Third Reading.
Lord Ahmad of Wimbledon
My Lords, I must admit that we are getting to this juncture slightly later than I anticipated. Nevertheless, we have again had a robust discussion—and this is one of those areas of the Bill that has caused a great deal of discussion. The noble Lord, Lord Kennedy, has proposed a series of amendments, which would enable all authorities listed at Section 123A(4), rather than just mayoral combined authorities, to access franchising powers without the need for regulations to be made or for the Secretary of State’s consent to be given. I want to focus on that first element—on regulations to be made. There would be a further opportunity for Parliament to discuss other authorities that fall within and wish to embark on a franchising route. That is a positive, because it allows Parliament to debate this important issue of franchising further; that should not be forgotten. The amendment in the name of the noble Baroness, Lady Randerson, also seeks to remove the Secretary of State’s consent from the process of accessing franchising powers.
I have had time to reflect on the various contributions and have met with various noble Lords outside the Chamber post-Committee, but it remains the Government’s position that the decision and model we are pursuing is the right one. The noble Lord, Lord Snape, mentioned passengers; we believe that it is the right one for passengers, British businesses and employees in this important sector. Bus companies invest in their staff, buses, new services and improvements for passengers because they expect to achieve long-term benefits. If a local transport authority automatically has the power to pursue bus franchising at any point, the period of investment certainty is reduced. Operators in that area will think twice about these investment decisions. Let us be clear that we are not excluding anyone; we believe that the mayoral authorities have the key differential of having strategic transport as part of their direct responsibilities. When other local authorities see benefits for passengers in bus franchising, the risk of seeking access to franchising will have to be weighed up by the local authority, and their decision may be that the risk is worth taking. Similarly, where a mayoral combined authority has automatic access to franchising powers, there will be a single, elected individual with a fixed term of office with whom the decision on whether to pursue franchising rests. I would be surprised if most mayoral candidates did not set out their position on this issue at hustings or in their electoral manifestos. That remains to be seen.
For the risks that I have outlined to be present in relation to every local transport authority area, whether the authority is interested in franchising or not, is, however, another thing altogether. That is particularly true for investment in buses, where the ability of larger operators to assume they could get a return on their investment by moving a vehicle from one part of the country to another could be compromised. My issue with the amendments is not to do with protecting bus companies or anything to do with a principle of giving franchising powers automatically only to elected mayors. Rather, it is about the period of uncertainty there would be for operators, as my noble friend Lord Attlee said, if all local transport authorities had access to franchising powers as a matter of course. This would have real impacts on bus passengers, British bus manufacturing jobs and employees in the sector.
During our previous debates, noble Lords wanted to understand the kind of criteria that the Secretary of State would be considering as part of giving his consent to franchising. I am sure that noble Lords have received them; we provided them in the draft guidance and policy statement document that was issued to Peers last week—but it is important to summarise those criteria at this juncture. Noble Lords have referred to the issue of the Secretary of State and the powers that the Secretary of State would have. Let me be clear how that decision on franchising would be made.
First, an authority would need to articulate why and how franchising would deliver better bus services and improve the day-to-day experience of passengers. That puts passengers at the heart of that decision. It should also explain why the same outcomes could not be achieved in other ways.
Secondly, a local authority should have the powers to make franchising a success. Controlling local roads and parking policy, as well as having planning responsibilities, are key to being able to manage many of the factors that affect bus usage. If an authority does not have all those levers, it should explain how it will work with other authorities to do so.
That brings me to the third aspect: any decision to implement bus franchising needs to be transparent and accountable. An authority seeking to take up franchising powers should demonstrate clearly how this will be achieved. A named individual, such as a council leader, might be an appropriate approach.
Fourthly, an authority would need to illustrate why the geographical area that it proposes is appropriate. This should take into account travel patterns and consider the potential impact on other local authority areas.
Finally, it is vital that the authority has the capability and resources to deliver franchising. Those that can demonstrate a successful track record in delivering complex projects, a real commitment to improving public transport and explain how they will resource a franchising system would be best placed to apply for consent.
Those are the criteria that the Secretary of State will apply in any decision. I do not think that anyone in this Chamber or beyond would challenge them, because they are the right checks and balances to have in place to make an important long-term investment decision on the provision of local bus services.
We have talked about the differentiation with mayoral combined authorities. I am sure that many noble Lords would acknowledge that they already meet the vast majority of these criteria and have a genuine interest in bus franchising. So it is pragmatic to give them those powers in the Bill. It has been suggested that we are denying other local authorities the model, but that is not the case. We heard from the noble Lord, Lord Berkeley, about Cornwall. As part of devolution discussions, when those criteria can be met, clearly there is a case for other authority structures to be given exactly those powers—but there is a process to be followed. There will be secondary legislation and an affirmative instrument introduced on the type of authority; then it is right that a local authority on a case-by-case basis should show to the Secretary of State that the criteria that I have just illustrated, which are important criteria in making franchising decisions, can be fully met. That is why the Bill requires the Secretary of State’s consent to be sought, following regulations that make the class of authority a franchising authority.
These are important issues that can be considered on a case-by-case basis. It is about long-term investment in the passengers’ interests. Under the criteria that I have outlined, franchising will be an option when it makes sense for passengers, it is clear that the authority can deliver on its promises and the authority concerned is clear how it will reach transparent and accountable decisions.
The prior requirement for regulations to enable other categories of authorities to become franchising authorities also serves an important purpose. It ensures that all of us here and in the other place—all of us in Parliament—are able to scrutinise the appropriateness of such a category of authorities before becoming a franchising authority. The existence of this step on the route to accessing franchising powers provides for that clarity and certainty of investment for bus operators serving types of authority that do not have automatic access to franchising powers.
The removal of such a parliamentary process, and the removal of the need for the Secretary of State’s consent, would reduce the period of certainty in the bus market with the potential for reduced investment and less—
Lord Woolmer of Leeds (Lab)
The Minister spoke of categories of authorities, which are referred to in the Bill. In the case of non-mayoral combined authorities, for example, would an individual non-mayoral combined authority be able to apply under these regulations separately from the others or would the Minister seek to judge whether any such non-mayoral combined authority would qualify? If it were the latter, an individual non-mayoral combined authority could very well be placed under the criteria that the Minister has set out, but other non-mayoral authorities may not be. Can the Minister explain whether these regulations in the first part of the Bill relate to categories of authorities or individual authorities?
Lord Ahmad of Wimbledon
That is an important question. Parliamentary approval would be for the category, then it would subsequently be for the individual authority to apply to the Secretary of State and to ensure that it meets the criteria that I have illustrated. The noble Lord sought an important clarification and I trust that it is now clear.
I hope that in my detailed contribution, I have demonstrated to noble Lords that the Government’s approach to accessing franchising powers is sensible and practical, and that it ensures long-term investment decisions, putting passengers at the heart of those decisions and ensuring that they reflect the needs of passengers locally. It is, I believe, in the best interests of bus passengers, business, and employees in the sector.
I hope that noble Lords, including the noble Lord and noble Baroness who tabled these amendments, have been reassured by what I have outlined. I hope that what I promised in Committee about the criteria upon which the Secretary of State would make that decision and the sharing of that criteria has provided further reassurance.
I raise a final technicality: the noble Baroness, Lady Randerson, talked about grouping and treating these amendments as a package, but that is not how the Government view them. I hope, through the reassurances, clarity and extra information that I have provided between Committee stage and now—I am really pleased that the Bus Services Bill is attracting your Lordships’ interest and attention—that the noble Lord will be minded to withdraw his amendments.
Lord Kennedy of Southwark
My Lords, I thank the noble Lord for his response and all noble Lords who have spoken in this debate, which has gone on for a bit longer than I envisaged as well. I have to say that I am disappointed with the noble Lord’s response. He has been very accommodating through the whole passage of this Bill up to now; he and I have worked very well together, but I am disappointed.
I agree with many of the comments made around the House, particularly those of the noble Lord, Lord Horam. With all the doom and gloom about franchising, you would think that if it were that bad, the Government would be seeking to end it. This is more about an obsession with mayors. I hope that the Government will reflect on that and that some other point will deal with it. It is certainly wise to give powers to a wider group of authorities and I wish to test the opinion of the House.
Lord Ahmad of Wimbledon
“( ) The terms as to standard of service that may be specified include terms about requirements which vehicles being used to provide the service must meet, including requirements about emissions or types of fuel or power.”
Lord Ahmad of Wimbledon
“( ) A franchising scheme must include a description of the franchising authority’s or authorities’ plans for consulting such organisations appearing to the authority or authorities to be representative of users of local services as they think fit in order to seek their views on how well the scheme is working.”