Bus Services Bill [HL]

Baroness Jones of Whitchurch Excerpts

Report: 2nd sitting (Hansard - part two): House of Lords
Monday 24th October 2016 Lords Chamber

[Baroness Campbell of Surbiton (CB)]

My Lords, in moving Amendment 67 in my name, I add my support for all the other amendments in this group, which will enhance bus accessibility for disabled people.

Amendment 67 would require bus operators,

“to establish and publish policies to protect the interests of disabled people”,

and actively help them to use bus services. Companies that failed to comply would be subject to sanctions. This is intended to mirror the system of disabled people’s protection policies—DPPPs—in the rail sector, where train operators must set up and comply with such a policy as a condition of their licence. The Minister will remember that I proposed a DPPP-like system for the bus sector at Second Reading. I argued that it would aid consistency of service across local authority boundaries, thus encouraging a more coherent transport service for older and disabled people.

The Minister kindly met me recently to discuss my proposal and has since followed up with a very helpful letter, which he hoped would address my concerns. I thank him for his efforts—they were good efforts—to ensure that disability access will be covered in government guidance for local transport authorities. That is a positive step, which I welcome. But—and it is a big but—it will not be enough to ensure that accessibility is delivered by bus companies. Guidance without statutory backing or any enforcement behind it can be ignored with impunity—and, let us face it, we have plenty of experience of public services doing just that. Guidance is fine, but we know that it can be left on the shelf and ignored. People may start with good intentions but, in reality, other priorities invariably get in the way.

The Government set great store by an integrated transport system. That means integration not only across the piece so that buses connect with trains but between bus companies. Passengers should be confident of finding similar standards of service wherever they are. If this is tackled only through local transport authorities, it will leave a gap and quality standards will inevitably be patchy. The bus operators are an absolutely pivotal part of the equation. Bus drivers are the interface with the public. Their attitude makes all the difference to disabled passengers’ experience of a ride on the bus. Bus companies need to know what they have to do and, especially, what happens if they do not do it. Enforcement of the rules must be there as a disincentive to those who would flout them. That is why local transport authorities should impose requirements on bus operators under the schemes. Amendment 67 will make that happen. It will reinforce and complement the actions that local transport authorities take under government guidance. That will create a true partnership.

I understand that the Government are concerned to avoid any increased financial burden on struggling bus companies but I really do not believe that that will happen. In any event, the Government agree that bus operators should be making their services accessible and must factor accessibility into their costs. The Bill creates a raft of new enforcement powers for traffic commissioners. They will have the opportunity to promote good standards of behaviour, such as inclusive policies, and attach conditions to licences which will be enforceable. Why not include the requirement for bus operators to publish their policies for protecting disabled people? It makes sense. Why not use traffic commissioners as the licensing and enforcement body? After all, that is their job.

If these arguments still do not persuade the Minister to change his mind on this amendment, I propose an alternative solution. The Government have tabled Amendment 101 for a regulation-making power under the Equality Act 2010 to require accessible information—notably audio-visual announcements—on buses, backed by statutory guidance. That approach could equally apply to DPPP-like policies. Bus companies would have to comply with the requirements as a condition of their licence. If they failed to do so, a traffic commissioner could impose sanctions. It would also address the Minister’s concerns about the structure of the bus sector being different from that of the rail sector. The regulations would provide flexibility.

Guidance is a step in the right direction, but it is not enough. I urge the Minister to reconsider Amendment 67. By accepting it, the Government will ensure that disabled people will enjoy the same right to travel as their able-bodied peers, and secure a truly inclusive bus network for all their citizens. Guidance simply will not do this. I urge the Minister to reconsider my amendment or to reflect on and contemplate the alternative solution that I have proposed. I beg to move.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I support all the amendments in this group and shall speak to our Amendments 98 and 110. Before I deal with these, I thank the Minister for his welcome comments on these issues in Committee and for the subsequent proposals he has brought forward. There is no doubt that he has made a genuine attempt to improve the provision for disabled passengers. Of course, we would have liked him to go further, but we welcome the progress that has been made so far.

We particularly endorse the amendment and speech of the noble Baroness, Lady Campbell, who has sought to underpin future partnership agreements with a policy commitment to protect the interests of disabled passengers. The Minister’s response in his recent letter suggests that this policy is best set out in guidance. While we welcome this as far as it goes, we remain convinced that it would be a bolder and clearer commitment if it was in the Bill. We also have a great deal of sympathy with the amendment of the noble Baroness, Lady Brinton, on wheelchair access and hope that this issue can be resolved speedily once the current court case is resolved.

Amendment 98 covers disability training and would ensure that disability training is mandatory for all bus drivers and terminal staff from 1 April 2019. This amendment builds on the good practice that already exists among the better bus operators around the country, but which is not universal. Our amendment would address that inconsistency. That policy has wide support. When we debated this in Committee, and in subsequent discussions with the Minister, he stressed that in 2018 mandatory disability awareness training will come into force courtesy of an EU directive to this effect. We are not convinced by this argument. As the Brexit agenda unfolds, we have even less confidence that a directive due to come into force in 2018 will be listed as an existing obligation and written into a great repeal Bill, or whatever it is eventually called. Under the Prime Minister’s timetable, Article 50 will be tabled at the beginning of 2017, and therefore must be concluded by the beginning of 2019. We therefore believe that there is a real chance that this policy will fall through the crack and not be recognised as an existing obligation in the Brexit discussions. There is also a real chance that bus operators will fail to take the obligation seriously if it is rooted in EU legislation when we are due to leave a few months later. Therefore, why leave this to chance? If the Government believe that the disability training should be compulsory, the safest approach is to put it into our domestic legislation now, so that it can apply from 2019, as would have been the case if we had stayed in the EU. This is what our amendment seeks to achieve.

Our second amendment in this group, Amendment 110, would require all buses to have audio-visual communication systems so that everyone travelling on the service is informed of the route being taken, the name of the next stop and any delays or diversions. As the noble Lord knows, these proposals have the support of more than 30 charities as well as several bus operators. However, only 19% of buses nationally are fitted with AV, so, as we argued in Committee, implementing these requirements would make a vital difference to the lives of more than 2 million people with sight or hearing loss as well as many elderly people, all of whom rely disproportionately on public transport for their independence.

Since our debate in Committee, we have had fruitful discussions on this issue with the Minister. Since we tabled our amendment, the Government have issued a policy statement and their own amendments to the Equality Act to deliver the AV programme we are seeking. I am very grateful to the Minister for their understanding and support on this issue. It could genuinely be a transformative policy and make a huge difference to people’s lives.

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Moved by

[Baroness Jones of Whitchurch]

97: Clause 14, page 67, line 4, at end insert—
“(5) After section 6I (inserted by subsection (4)) insert—6J Community bus routes(1) Traffic Commissioners must keep a list of bus routes in their area which are of community value.(2) For the purpose of this section, a bus route of community value is one that has been designated by the traffic commissioner as furthering the social well-being or social interests of the local community.(3) Bus routes may only be designated by a traffic commissioner as being of community value in response to a community nomination.(4) A community nomination must be made by a community group which is based in, or has a strong connection with, an area through which the bus route passes, and on which community the bus route has a direct social impact.(5) A community group may be a local or parish council, a voluntary or community body with a local connection, a bus user group, a group formed for the specific purpose of maintaining the bus route, a church or other religious group, or a parent teacher group associated with a particular school or schools.(6) The traffic commissioner must consider the community nomination, and if—(a) the nomination is successful, the commissioner must notify the relevant parties of this decision in writing; or(b) the nomination is unsuccessful, the commissioner must notify the relevant parties of this decision in writing and give reasons why the decision was made.(7) A six month moratorium must be placed on the closure of any bus route which is designated as being of community value, in order for the community to—(a) work with relevant authorities to find an alternative operator;(b) set up a community transport group in order to run the service; or(c) partner with an existing not-for-profit operator to run the route.(8) The community may apply to the Secretary of State for financial assistance, training or advice during the moratorium in order to achieve any of the aims set out in subsection (7).””

[Baroness Jones of Whitchurch]

My Lords, Amendment 97 designates certain bus routes as assets of community value. As we discussed in Committee, this amendment builds on the concept of a community asset as identified in the Localism Act 2011. It recognises that some specified services should have a special status that gives communities some protection from them being withdrawn without warning. This provision has particular relevance to isolated rural areas. It recognises that there are some areas where the local bus route is a lifeline for the local community, particularly for the elderly and low-paid residents who rely on the bus to transport them to the nearest shop and workplaces.

Our amendment would allow a community group to apply to the traffic commissioner stating why a particular bus route should be listed as having specific community value. It would then have to make the case as to how the community depended on the service and what the wider social damage would be if the service was withdrawn. If successful, this would give the community some protection from the service being cut or closed without notice. At a minimum, it would give them six months’ notice of closure, which would allow space for alternative owners or service providers to emerge. It would also draw the community group to the attention of the council, which may be able to intervene on their behalf.

When we discussed this in Committee, the Minister expressed some sympathy with the aims of our amendment and agreed that there was more that we could do to champion the community transport sector. He also emphasised the need for improved training for community groups so that they could better understand the options available to them.

However, he and several other noble Lords raised concerns about a six-month delay in cutting services while the community consultation takes place. We have considered this again but do not think the timescale unreasonable. It is unlikely that bus operators make snap decisions on route profitability; it is more likely a long-term investment decision. All we ask for is the community to be alerted to a potential decision with enough notice to find an alternative supplier. I hope noble Lords will be sympathetic to our proposals and that the Minister will be able to support our amendment.

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[Lord Ahmad of Wimbledon]

If the noble Baroness will write to me about that case, with which I am not familiar, I will respond in writing to both the specifics and the general point.

[Baroness Jones of Whitchurch]

My Lords, I thank the noble Lord for that response. We will have to agree to disagree on this one. I accept that more work needs to be done on this concept, but our amendment differs from the tone of his response. He said that information should be provided to local transport authorities and that that is the onus and tone of the Bill. Our amendment is more about empowering communities and giving them further rights—a bottom-up rather than a top-down approach.

There is still more work to be done to give local communities more control over their local services and local bus routes. However, given the late hour and the need to debate other issues I shall not pursue this matter further at this stage but I hope it will be a part of an ongoing discussion. I beg leave to withdraw the amendment.

Amendment 97 withdrawn.

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[Lord Ahmad of Wimbledon]

My Lords, in moving government Amendment 102, I shall speak also to government Amendments 103 and 105 to 109, and to Amendment 104, tabled by the noble Baroness, Lady Jones.

An important element of the Bill concerns the availability of journey planning information about bus services. This clause will facilitate the provision to passengers of information about timetables, fares, routes, tickets and live information about bus arrival times. The focus is on the provision of information that will be helpful to passengers in making informed decisions about their journey.

Amendments 102, 103, 106 and 108 seek to address the concerns specifically raised by the Delegated Powers and Regulatory Reform Committee. The committee recommended that the new Section 141A should be amended to specify in the Bill the following: the purpose for which the information can be used; the persons or description of persons to whom the information is to be disclosed; and a duty on the Secretary of State to consult before making regulations. Amendment 102 specifies that the information required is that which the Secretary of State sees as necessary to make information about local bus services available to users or potential users of those services, or in order to facilitate the registration of local bus services. As a consequence, Amendment 103 is necessary to accommodate the new text in this part of the clause. Amendment 106 specifies the persons or description of persons to whom the information is to be disclosed. Amendment 108 requires the Secretary of State to consult persons representing the interests of operators, users of local services and local transport authorities whose areas are in England.

Government Amendments 105, 107 and 109 seek to clarify the intention of the Bill. Amendment 105 clarifies that live information includes information about the location of the vehicle, as well as information about its expected arrival time. This is to reflect recent comments made by some stakeholders that, in some instances, making the raw data on the location of the vehicle available may be a better option than requiring expected arrival times. Amendment 107 clarifies the ability for the regulations to specify that where the information provided in connection with an application for a registration is to be disclosed to a traffic commissioner, it can include applications to vary or cancel a service and not only applications to register a service. Amendment 109 reflects the fact that the Bill provides for bus registration powers to be delegated from the traffic commissioner to the local authority where an enhanced partnership is in place. It clarifies that references to the traffic commissioners are to be read as including references to any local transport authority which has been delegated the registration function under the enhanced partnership provisions.

Finally, I turn to Amendment 104, proposed by the noble Baroness, Lady Jones, which would allow information that may be prescribed to include information about the environmental impact of bus operations and vehicles. I am sympathetic to her desire to ensure that operators and local authorities are aware of the impact of local bus services on the environment. Let me assure noble Lords that other parts of the Bill will give local authorities greater powers to influence the type of vehicles used by operators when providing services, and I have tabled Amendments 4, 15 and 64 to clarify that franchises and enhanced partnerships may include requirements about emissions, fuel and power plant. However, I do not believe that information on the environmental impact of bus operations and vehicles is crucial for journey planning purposes, which is what this clause is concerned with. Indeed, the type of vehicle used can vary from journey to journey, so the environmental performance of a particular journey if different modes and different vehicles are used can vary accordingly. I hope that, with this explanation, the noble Baroness will not wish to press her amendment.

Again, these amendments underline how the Government have sought during the course of the Bill to reflect some of the concerns of the House and indeed those of the Delegated Powers Committee, which have also been incorporated into the government amendments. I beg to move.

[Baroness Jones of Whitchurch]

My Lords, I am grateful to the noble Lord for his explanation, and I should say at the outset that we support the government amendments on this issue.

Amendment 104 in this group builds on our earlier debates on the need for buses to play their part in making towns and cities more healthy places in which to live and to work. On the first day of the Report stage, your Lordships passed an amendment requiring bus operators to deliver higher environmental standards and to meet the requirements for low-emission buses. I am grateful for the support of noble Lords around the Chamber on the issue. Our amendment is a consequence of that decision. We believe that we need to ensure that local transport authorities, bus users and communities have up-to-date information about bus emissions so that they can hold bus operators to account.

When we discussed a similar amendment tabled in Committee, the Minister expressed some sympathy with it but raised concerns about the extra burdens on bus operators. We do not accept that that is the overriding factor in these deliberations. At the moment, some transport authorities collect this information, while others do not. The fact is that we need to have a national picture of our CO₂ emissions in this area of transport policy so that we can make proper national policy decisions. As I mentioned during the earlier Report stage debate, this is in part necessary so that we can measure our response to the Paris agreement on climate change alleviation.

However, I have listened to the comments of the noble Lord and I understand that the Government have gone some way to address the issue in their amendments and in other areas of the Bill, so at this stage I will not press Amendment 104 to a vote.

Amendment 102 agreed.