Bus Services (No. 2) Bill [HL]

Baroness Grey-Thompson Excerpts
Lord Hampton Portrait Lord Hampton (CB)
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My Lords, I will speak briefly to Amendment 49, to which I added my name. I will also speak to Amendment 78 tabled by the noble Baroness, Lady Jones. These are two very similar amendments saying pretty much the same thing. Their timeframe is different, but if we are to have this new Jerusalem of connected bus services that help people—the noble Lord, Lord Berkeley, commented about the outer fringes—we really need to know that this is happening. We need to concentrate it and we need it reported back to us.

Baroness Grey-Thompson Portrait Baroness Grey-Thompson (CB)
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My Lords, I will speak to Amendment 49, to which my name is attached, and remind your Lordships that I am president of the Local Government Association. From 2011 to 2023, England saw a 20% reduction in bus service provision, adjusted to a 28% per capita decrease amid population growth. The withdrawal of essential bus routes has isolated residents, particularly the elderly and vulnerable, from critical services and social opportunities. Despite overall national decline, particular regional disparities have hit areas such as North Yorkshire, Rutland, Shropshire and Slough. The government investment of £3.5 billion since the pandemic into initiatives such as the £2 fare cap and examples of community-led efforts to subsidise services demonstrate awareness of the problem, but this alone cannot create a more comprehensive bus network.

Transport for All believes that the Government’s proposed increase in funding is an opportunity to address the challenges faced by rural areas. However, in rural areas disabled people are more likely to rely on buses than non-disabled people. They are often impacted by inaccessible bus stops and poor connectivity, but buses are essential for accessing employment, healthcare and social inclusion. Rural bus services often exacerbate isolation and inequality, highlighting the urgent need for reforms that prioritise accessibility and inclusivity as an absolute must. In a survey carried out by Transport for All, 48% of respondents cited barriers to access on buses.

The English national concessionary travel scheme—ENCTS—is fantastic, but it cannot be used before 9.30 am, which creates barriers to employment for disabled people in these areas. New funding has been announced for rural and smaller authorities to provide for ENCTS enhancements. This would promote greater accessibility, similar to that in areas such as London and Merseyside, where disabled people can travel for free at any point of the day. It is really important that we look at this in rural areas—otherwise, it is going to exclude lots of people.

On the second day in Committee I covered issues on the accessibility of bus stops, ramps and shelters. This is even more important in rural communities, where there might be several hours between bus services, but we should also recognise that buses are critical to the local economy. Buses are socially necessary in rural areas, and it is vital that these services are maintained and expanded to meet community needs, especially for disabled people.

Lord Snape Portrait Lord Snape (Lab)
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My Lords, it is impossible to disagree with the amendment that the Committee is discussing. We have heard the usual comprehensive proposals from the noble Baroness, Lady Pidgeon. I rise only to ask that if she is not happy—and none of us could be happy about the decline in rural bus services—how can that decline be reversed and who will be responsible for reversing it? Presumably, the Government will be expected to adequately fund the sorts of services that the Liberal Democrats and the right reverend Prelate envisage. We all know that is not going to happen in the short term. No doubt, it will enable the Liberal Democrats to blame somebody else—

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Baroness Pinnock Portrait Baroness Pinnock (LD)
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My Lords, I remind the Grand Committee at this stage that I am a serving councillor.

The changes proposed in the Bill, as we discussed earlier in the amendment on governance, will require councillors serving on local transport authorities to make a range of decisions—the noble Lord, Lord Snape, was able to list some of them—that are currently not within their purview. That is positive. It will mean that democratically elected representatives will make the essential funding decisions that underpin bus services. It enables transparent decision-making and, in turn, that enables local people, as taxpayers, to question those decisions.

Creating an open, transparent and accountable process in the bus franchising system is essential. Local transport authorities are not used to operating in this extensive way. What LTAs do now is to try to support as best they can some socially vital services when bus companies say that they are not profitable. When the measures in this Bill are enacted, the role of the LTAs will change considerably. There will be major decisions to take on the shape of bus services and the balance of provision between running profitable routes and providing a public service option for smaller communities, as well as consideration about services at night, in early mornings and at weekends. Given that none of those serving on local transport authorities is likely to have had extensive experience of the new franchising arrangements, ensuring that a training programme is available for all involved is important.

Now I come to the more radical bit. Amendment 54 in my name seeks to go a step further and require mandatory training for councillors and staff, particularly councillors serving on local transport authorities. Councillors currently serving on planning and licensing committees are making decisions within a legal framework. Exercising that responsibility within that framework while raising the concerns of the people they serve is not straightforward. Many councils, mine included, have a mandatory training requirement for any councillor who serves on a planning or licensing committee. That has helped to raise the standard of discussion, debate and decision-making. Not every council has a similar training requirement for those committees, but doing so helps everyone to focus attention on the choices available, rather than simple opposition, which, when operating in a legal framework, is often unsuccessful.

There will be many difficult and challenging decisions to be made by local transport authorities as they seek to balance routes, rural routes, fare prices, congestion and time-tabling reliability. A lot of that is within a legal framework. Therefore, an extensive training programme would benefit those sitting on those committees and help those making those difficult choices to do so in a way that they can respond to effectively when they are challenged about why they have made a decision. There will be a lot of that, I think: “Why haven’t you got a rural route for me?” or “Why haven’t you cut the fares?”. If there was that training, it would be the background for them effectively to explain the decisions that have been made. Given that, I hope that the Minister will carefully consider the merits of the amendment. I beg to move.

Baroness Grey-Thompson Portrait Baroness Grey-Thompson (CB)
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My Lords, I will speak to Amendment 55 in my name and that of the noble Baroness, Lady Brinton. I tabled this as a probing amendment to continue the discussion on training to help to improve it and to try to mitigate the failures. I realise this is a rather generic amendment and lacking in much detail, but it is about getting the widest possible number of people to understand the impact on a disabled person of not being able to get on a bus.

I receive a number of emails every month from disabled people who are unable to access a service. It may be due to a broken ramp, although the bus should not leave the depot if the ramp is not working. It is also hard to get any traction on complaints, and a lot of disabled people feel that their issues are simply not understood. The issue with the space between wheelchairs and buggies is ongoing. I have experienced it myself, regardless of the High Court case of FirstGroup plc v Paulley. That does not seem to have moved things on as much as I had hoped. Then there is the issue of visually impaired people who have guide dogs, and understanding the space required for them is really important.

I recognise that a whole pile of training already happens, but I think it needs to be better. The impact of a disabled person not being able to get on a bus leads to isolation. In many cases, it is not possible for them to rely on taxis or other unsustainable modes of transport. You might be okay with taxis in a big city where they are accessible, but in lots of places around the country they are not. I probably receive emails every month from disabled people who have been refused access to taxis or charged more because of their impairment. Fewer disabled people are able to drive. Twenty-eight per cent of disabled adults live in a household without a car and only 61% hold a full driving licence, compared to 80% of non-disabled adults. This is why buses are so important.

I already mentioned how hard it can be to get redress. It is very hard to complain to the driver, especially if they just drive off, having refused access. It is also really hard to complain to the companies. They will often give an apology, but that does not fix the issue of somebody not being able to get on in the first place.

I am really interested in looking at what we can do to improve the quality of training. As an aside, I am chairing the Aviation Accessibility Task and Finish Group for the Department for Transport, and training is the number one thing that we are looking at. We are not at the point of writing up our recommendations just yet, but we are exploring raising the bar on standards and ensuring it is equally delivered across the country.

I realise the vagueness of my amendment is probably not helpful, but I look forward to continuing the discussion about how we can make it more possible for disabled people to have the same experience as everybody else.

Baroness Pidgeon Portrait Baroness Pidgeon (LD)
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This group of amendments is really important, because training is an essential part of this new move to different models for providing bus services across the country. I particularly wanted to highlight the important amendment from my noble friend Lady Pinnock, because local transport authorities will be taking on significant new powers. We must not underestimate that, and it will be vital that their staff, stakeholders and members who sit on the authorities have a comprehensive training package, so they understand the legislation, framework and landscape—and accessibility and what that truly means, as the noble Baroness, Lady Grey-Thompson, rightly highlighted. I liken this to thinking about planning and licensing requirements and what has transformed local government over the last couple of decades in terms of training and the quality of decision-making in that space: we need to look at this in a similar way. I really hope the Minister will respond positively to these amendments.

Bus Services (No. 2) Bill [HL]

Baroness Grey-Thompson Excerpts
Lord Grayling Portrait Lord Grayling (Con)
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My Lords, I will pick up on the points my noble friend Lord Moylan made about demand-responsive buses. I acknowledge what the noble Baroness, Lady Brinton, said. The key point of those buses is not that they are for disabled people but that they are a fundamental part of the future of transport in many rural areas. It is enormously important that, as local authorities migrate to a new way of doing things under the terms of the Bill, they encourage the development of demand-responsive buses. The reality is that they are an important way to bridge the gap between many rural communities and local towns, given the absence of public transport. It is important that buses do not develop in a way that excludes those with disabilities. We need to encourage local authorities in this respect.

I agree that currently, demand-responsive buses are significant for the elderly and the disabled, but that is not how it must be in the future. It is important to transition to the new arrangements in a way that does not forget the important role the demand-responsive system will play for disabled people as well. It must be part of local authorities’ responsibilities to be mindful of how that happens. That may involve vehicle standards or other provisions, but demand-responsive buses and disability must go together in the context of a new world where such buses are simply a part of our public transport system.

Baroness Grey-Thompson Portrait Baroness Grey-Thompson (CB)
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I rise to speak strongly in favour of all the amendments of the noble Lord, Lord Holmes, and Amendment 56, to which I have added my name.

We are trying to get to the position where more disabled people can travel by bus. A good bus network has a positive impact on the local community. KPMG and ITS Leeds found that a 10% improvement in local bus service connectivity is associated with a 3.6% reduction in deprivation, leading to measurable improvements in health, skills and income. However, many disabled people have poor experiences of using buses. I have had my own.

On New Year’s Eve, a driver refused to put the ramp down, let everyone else on, and then argued that there was no space for me to get on. We were then left with the potential issue of two people with buggies and I arguing over who was able to use the space. The driver refused to engage with me and tried to split my family up; my daughter is an adult, so, fine. The driver then suggested that we all get off and wait for another bus behind—who knows when? I was having a discussion about all this when an amazing woman with a young child in a buggy who was only going one stop further got off, so that I could get on and take a much longer journey.

A number of people have been in touch with me about problems such as having been refused service, ramps not working or drivers not wanting to pick them up. There is also the issue of where the ramp is positioned when buses stop to enable a safe set-down. London buses seem to be in a much better position than others around the country, with induction loops, audio announcements, LCD display screens and information posts, but people should not have to try to count the number of bus stops in order to get to where they are going. In a survey of blind and visually impaired people using TfL, 65% of blind or partially sighted respondents told the Sight Loss Council that making transport accessible was the most important thing to them.

I am briefly going to cover floating bus stops, because they are a massive issue for all people. They are dangerous at busy times of day. When I get off a bus, once the ramp goes down I have to pull a wheelie so I can control the speed. But often, there is not enough space for my wheelchair to fit at the side of a floating bus stop. On Westminster Bridge, which I cross at least a couple of times a day, on many days I see bikes not stopping and running both sets of red lights, and where the floating bus stop is located. Indeed, this morning I saw a delivery driver riding the wrong way over Westminster Bridge in the bike lane. Those getting off the bus would not even think to look both ways. They were in quite a dangerous position.

I agree, slightly, with noble Baroness, Lady Brinton, about cyclists. The situation is dangerous for them, although I find myself turning into a woman of a certain age, shouting at cyclists who run red lights and cause a lot of problems. We have to take into account that TfL’s own published figures suggest that 60% of cyclists do not obey road rules by giving way to pedestrians at crossings. When you factor this into floating bus stops, you can see why the situation is so dangerous.

Evidence has been collated by the RNIB, which is keen to highlight how dangerous floating bus stops are for blind and partially sighted people. Government research shows that when London’s floating bus stops were designed, blind and partially sighted people were not involved in the street design process. Wheels for Wellbeing is worried about the number of disabled people who, because of that, could be discouraged from using buses. I am going to use a phrase that I normally use for my experiences of travelling by train: I just want the same miserable experience of commuting as everybody else. We are not quite there yet, but making it better for disabled people makes it better for everybody.

Passenger Railway Services (Public Ownership) Bill

Baroness Grey-Thompson Excerpts
Above all, I thank the Minister because, as he knows, disabled people have for far too long been ignored by the train operating companies, with complex and different arrangements leading to chaos and unreliable services. I look forward to hearing more detail from the Minister about what this Government want to change. I beg to move.
Baroness Grey-Thompson Portrait Baroness Grey-Thompson (CB)
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My Lords, I will speak to Amendment 8 in the name of the noble Baroness, Lady Brinton, to which I have added my name. I draw the House’s attention to my interests as listed in the register, including as chair of the Accessible Transport Policy Commission. I thank the Minister and the noble Baroness, Lady Blake, for their time in looking at this issue.

I will briefly offer my support. In speeches both in Committee and today, the noble Baroness, Lady Brinton, has made very clear what we are seeking. In Committee, there was a lot of support, not just for our own personal experiences but for the treatment of disabled people.

I spend much of my time on social media bemoaning some of the negative experiences I have had, but I will highlight one that was very positive. Today, I have already been on a return trip to Milton Keynes, which was absolutely wonderful. The train manager walked through the train and knew that I was on board. I did not use my legal right to turn up and go; I booked assistance. The train manager was there with the ramp ready and waiting, and I was in the amazing position of having three people there to meet me on the platform.

I have often mentioned that I experience way better treatment than any other disabled person I know—that was highlighted today. All we want is for the same treatment I get to be extended to every other disabled person. As the noble Baroness, Lady Brinton, said, the voice of disabled people in moving this forward is incredibly important. We also need to consider how we avoid future derogations, which I expect will be discussed in the next Bill. As a result of such derogations, instead of trains being step free on 1 January 2020, it will now be 100 years before I, the noble Baroness or other wheelchair users can get on a train without the permission or support of a non-disabled person.

I recognise where we are today. I will strongly support the noble Baroness, whatever she chooses to do with the amendment. I very much look forward to the Minister’s response.

Passenger Railway Services (Public Ownership) Bill

Baroness Grey-Thompson Excerpts
Finally, the noble Baroness, Lady Blake, offered a meeting with me and the noble Baroness, Lady Grey-Thompson. I am sure we look forward to that invitation coming shortly, whether it is from her or from the noble Lord, Lord Hendy. Please can we have that meeting prior to commencing Report? I beg to move.
Baroness Grey-Thompson Portrait Baroness Grey-Thompson (CB)
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My Lords, I apologise for not being able to be in the Chamber at the start of proceedings at Second Reading. I had a long-standing commitment in my diary that meant I was not able to be here. I also draw noble Lords’ attention to my entry in the register of interests. I chair the commission for accessible transport and I attend some of the Avanti accessibility panel meetings as an observer.

I thank the noble Lord, Lord Hendy, for meeting me prior to the start of this Bill to discuss some of my frustrations about how disabled people are able to use the railway network. I broadly welcome this Bill, and anything we can do to make it better for disabled people is worth exploring. I have lots of aspirations for the various Bills we will see on the railway industry in this Parliament, but my aspiration for the next phase, when I am asked what I want as a disabled person, is just the same miserable experience of commuting as everyone else. I am not asking for any more than that, but it sometimes feels that the way the network is set up makes it incredibly difficult for disabled people.

As much as I used to hate travelling in the guard’s van, at least when I did that as a wheelchair user I was not left on a train. I would like to thank many in your Lordships’ Chamber who came up to me and expressed their disappointment, anger and all sorts of various emotions when I was left on a train just before I went out to Paris for the Paralympics. It was not the first time that it happened and it was not the last: since returning from Paris I have been left on another two trains, but I did not have the energy to post about it on social media. In both cases, the two people who helped me very quickly to get off the train did not have the authority to do so and could have faced penalties within their jobs or even potentially been fired for not being in the position to do so. What has come out of that experience is that a number of disabled people have written to me to explain the issues they face. My feeling is that the failure rate is way too high, and many disabled people do not even try to travel because of the fear of what they expect. Getting on and off a train should be relatively simple, but it is not.

The noble Baroness, Lady Brinton, talked about the booking apps. It is better that it is down to two hours from six, because when it was six hours disabled people needed to know each train company’s operating procedure, and whether it was six hours during the opening times of the call centre or six hours before the train they wanted to catch. I imagine that some of the failures have dropped. I do not think it is realistic to expect disabled people to know every single train company’s process before they book a train. The promises of not just the best priced ticket but the in-person comms would have made a real difference to disabled people being able to travel. Personally, I use five different apps to buy tickets. Prices are hugely variable and, bizarrely, it is sometimes cheaper to use one train company’s app to buy a ticket when you are travelling with a completely different train company and then book it a different way.

I felt the noble Baroness’s pain when she talked about the wheelchair space. It became clear through Covid that the wheelchair space does not appear to be on the booking system as a seat, so when I tried to travel at the back end of Covid, when we were able to, I was not able to count it as a seat. You would turn up at a train station and, even though you booked the wheelchair space, they would refuse to sell you a ticket. Even now, I feel terribly guilty, when I buy a ticket from various different apps, that I am allocated a seat that I have no intention of ever being able to use. It just does not make sense that this is still the case, especially on busy trains and when we are trying to make it easier for everybody to travel.

I am also really worried that the train operating companies and the Rail Delivery Group are forgetting that people have a legal right to turn up and go. When we see posts online or articles written, they are always about booking. If there is an assistance failure, the first question the disabled person is asked is: “Did you book?” If I am on a train and I am not helped off it, booking is completely irrelevant. It is quite annoying that I am asked the question, because I did not magic my way on to the train without anyone else being involved in the process: somebody helped me on and somebody knew that I was on the train. The failure is communication somewhere along the line: people did not look at the app or nobody picked up the phone. I am really worried about the victim-blaming of disabled people. This, again, discourages people from travelling.

We really do need accurate data on failure and how the app is used needs to be properly recorded. I have been told that people who turn up and go are put into the app and the assumption is made that they booked, so although the booking numbers look like they are going up it is not fair to lump the two sets of people in together. We have to be able to accurately measure the number of people who do not know what time they will be able to travel because of work, or because they just do not know. Not everybody can set out their schedules according to what the rail companies would like to happen; I am sure they would like everybody to book two hours before they travel.

What happens when assistance fails? Disabled people are actually just quite tired of complaining. They are constantly fobbed off and told it will never happen again. The train companies are always very sorry, but nothing really seems to happen to bring about change. The Office of Rail and Road following up a couple of months later, asking whether you had a good journey, does not seem the most accurate way to track some of these issues. Quite frankly, I really dislike having to book, but I cannot face having to turn up at a train station and almost feel like I am begging to be allowed on the train. I also have to feel very apologetic: “Do you mind if I get on? Is it possible?” I never expect to get on a train that is leaving within the next 15 or 20 minutes, although I have had some fantastic experiences at Waterloo—and I have had some not so great experiences there. It comes back to how disabled people are made to feel welcome, or not, when they want to travel.

Too often, failures are described as an inconvenience rather than something that can affect people at quite a devastating level. South Western Railway recently posted that if someone books assistance and did not get it, they might be entitled to their fare back. This is inaccurate for a number of reasons. First of all, it ignores our legal right to turn up and go, but just saying you can get your fare back seems a bit weak when, if somebody successfully sued that company, it would be a minimum of £1,200 on the Vento scale for a single failure. Again, disabled people are meant to feel grateful just because they get a few pounds back for what they experienced. There are a number of disabled people who are not particularly liked by the railway industry because they very successfully sue, but they are able to do that because they constantly experience really appalling treatment.

I have always recognised the huge privilege I have, either of being an athlete or from being in your Lordships’ Chamber. I experience way better treatment than any other disabled person I know. Since the failure I had a couple of weeks ago, I now have two or three people meet me off the train. I feel like a member of the Royal Family; it is absolutely wonderful. People ask me if I am okay. I am now shown the app and that I am on the app. I am given the name of the person who is there to meet me. That is lovely: I can welcome them by name when they come to meet me. But this is not real; this is not the experience that disabled people are having.

There is still too much inaccurate information out there about whether lifts are working. The noble Baroness, Lady Brinton, raised toilets. We are meant to be told whether they are working on trains; we are not, so it is always a mystery, when you get on a train, whether you can use the bathroom. I already control what I drink before I get on a train to make sure I do not have to use it. These are the things that disabled people just do not complain about because it is too confusing.

The accessible transport policy rules are way too confusing. On the impact of derogations, I have a friend who cannot travel on Northern Trains because he has a mobility scooter. They are banned from travelling on trains in the north-east, as the class 158s have no entrance vestibule and they restrict manoeuvrability into the wheelchair area. ScotRail has a different set of policies about what mobility device you can use on trains. This all has to join up, because you could end up going to Scotland as a scooter user and not being able to leave because you use a different way of getting back.

We need reliable data on assistance fails. I am at the point of believing that we now need significant financial operator penalties for failures. The D50 tickets need to be available online, in vending machines and onboard. Actually, we need more training, because people at some stations do not even know what a D50 ticket is. The failure data then needs to be analysed for failure hotspots, which I know has been done at Euston and has had a positive impact.

The staff app needs to be sorted out. At the moment, as I understand it, not all TOCs use it and there still needs to be union agreement involving the technology payment.

There is loads that we need to do to make things better for disabled people, and I look forward to working with the Minister as we progress the Bill.