Queen’s Speech

Baroness Jones of Whitchurch Excerpts

Monday 26th June 2017 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, it is a great pleasure to follow the Minister’s contribution to the debate on the gracious Speech this afternoon and to welcome him to his new role. He has done the best he can, but it is a shame that the Government’s legislative programme appears to have the same vision and authority as the PM herself—very little. This is not surprising, because it is drawn from a disastrous Conservative manifesto that offered no hope and no change to a British public tired of falling living standards and failing public services. This is why it is widely acknowledged that Labour won the battle of ideas in the election, with policies that can deliver stronger growth, better living standards and greater equality and justice.

Although it is a debate for another day, the huge challenge posed by Brexit stalks through all strands of our lives, and we have heard nothing today that will reassure the public, markets, small businesses and the global community that our economy will be stronger once we exit the EU. The Chancellor’s position may be safe for now, but he still seems incapable of setting out a confident and bold strategic vision following the public’s rejection of his less than impressive economic record and his leader’s plans for a hard and uncompromising Brexit. The wrong mix of monetary and fiscal policy has left the economy weak and unstable—weak because investment and productivity have been so poor, and unstable because growth has been so heavily reliant on debt-driven consumer spending. Meanwhile, under this Government, the national debt is set to hit almost £2 trillion. They have missed every debt and deficit target that they have set themselves and their answer is simply to move the target date even more remotely into the future.

This Queen’s Speech represents a missed opportunity to really get to grips with the root causes of our economic woes and to reassure us over the economic impact of Brexit. Even Mark Carney, in his Mansion House speech last week, recognised the urgent need to escape the low-inflation, low-wage, low-growth trap that has driven down household incomes in the last decade. Confronted by strong evidence that economic policy since 2010 has been a failure, this Government’s response has been to offer more of the same. Yet, as we know, the first May-Hammond Budget quickly fell apart and the subsequent Finance Act failed to address the economic crisis or provide a clear direction to those in the finance and pensions sector who were crying out for clarity on this. Meanwhile, Labour has set out a clear alternative. We will set up a national investment bank that will deliver the finance needed by our small businesses, co-operatives and start-ups, getting the economy moving again by filling the gaps in lending by private banks and by providing dedicated long-term finance to R&D-intensive investments.

The UK also has the worst performance in terms of real wages, which have fallen by an average of 1% per year. To our shame, we have punished the young most of all, with 18 to 21 year-olds facing a fall in real wages of over 15%. Is it any wonder that many young people who I have met have lost faith in the idea that they will succeed in life? It is only by building on the creativity and talent of the next generation that Britain will succeed in the 21st century, yet I see little hope for young people in this Queen’s Speech. I am proud of the fact that it is the Labour Party that is the strongest advocate for young people. We showed that we cared about their finances and their future. Our plan to create a fertile ground for businesses to thrive places young people at its very heart by focusing on skills, including quality apprenticeships, research and development, and infrastructure.

Tackling low pay has to be part of the solution. Despite what the Minister has outlined, nearly 6 million people earn below a living wage. Nearly a million workers are on zero-hours contracts, and there are far too many people without the certainty of employment that they need to live a debt-free life. Meanwhile, boardroom bonuses continue to rise, and the widening gap between the highest and lowest earners creates further injustice. This is why we are committed to introducing a real living wage of £10 an hour, giving all workers full and equal rights from day one, introducing an excessive pay levy and rolling out maximum pay ratios of 20 to 1 in the public sector and public contracts. Perhaps when the Minister responds he can explain what this Government plan to do about tackling excessive boardroom pay, ending low pay and intervening in the gig economy to give workers back some control over their lives.

The upgrade needed to the way our economy works includes an industrial strategy that meets the challenges of our times. Sadly, the Government’s much-heralded Green Paper on their industrial strategy has come in for considerable criticism. As the Lords’ Science and Technology Select Committee said recently:

“The Green Paper … resembles a portfolio of tactics rather than a coherent strategy”.


It went on to emphasise the need for a more coherent approach to tax and regulation for science and industry, combined with greater investment in skills and the availability of patient finance to strengthen,

“the relationship between government, businesses and universities”.

We very much hope that work is going on behind the scenes to provide a more coherent strategy, but this Queen’s Speech gives little clue as to what that thinking might be. The issues that are flagged up—electric cars, space rockets, high-speed rail and smart meters—are all laudable in themselves but do not add up to an industrial strategy. Nor do they address the importance of good industrial relations and how to build on the proven link between employee engagement and productivity growth.

Investing in our future also means investing in our environment. Sadly, on this issue as on so many others, the Queen’s Speech represents a missed opportunity. Of course we welcome the reiteration of support for the Paris agreement, although it would have been good to hear something about a serious plan to bring Donald Trump back into line on this. But apart from the brief note on affordable energy and electric cars, why was this the only mention of anything relating to climate change? Despite dangerous air pollution levels across the UK and crucial environmental laws that need to be translated into British legislation as we leave the EU, the environment was notably missing as a policy priority.

The UK is poorly prepared for the inevitable impacts of global warming in coming decades, including deadly annual heatwaves, water shortages and difficulties producing food, yet it seems that the Government will not address any of these problems over the next two years. By ignoring the biggest problem facing us globally and the urgency of this problem, and by putting their head in the sand, the Government are leaving future generations a legacy of problems, including coastal erosion, flood damage, water shortages and food price shocks. We need to begin the process of future-proofing today—a point emphasised by the Committee on Climate Change’s latest report on its risk assessment of the environment. If the Government are happy to ignore the human costs of climate change, it is staggering that they are also ignoring the Bank of England, which only last month published an investigation into the risks of climate change to financial services. It is often said that money talks. Alas, this Queen’s Speech reveals that no one is listening.

The lack of a coherent plan to tackle climate change is symptomatic of a wider failure to embrace renewable energy. The UK energy system is outdated, expensive and polluting. The Government have failed to harness the huge potential of emerging technologies and renewable energy projects. They have placed a disproportionate emphasis on nuclear energy, yet the latest NAO report on Hinkley Point, published last week, is damning. It reports that costs have already risen from £6 billion to £30 billion and says that the deal has,

“locked consumers into a risky and expensive project with uncertain strategic and economic benefits”.

It raises the spectre that the project will be delayed or cancelled. Could the Minister clarify whether this Government are heeding the NAO’s advice and developing a plan B to fill our energy gap if this project fails?

Nothing has worried environmentalists more, recently, than the news that Michael Gove has been appointed Defra Secretary of State. His track record speaks for itself and has a depressing constancy. Time and again, he has voted against measures to reduce carbon emissions and to increase energy from renewable resources. In the leave campaign he spoke with some enthusiasm about the prospects of scrapping environmental regulations, and he has subsequently suggested to the CBI that it should start drawing up a list of social and environmental regulations that it would like to see abolished or reformed. It is true that since his unexpected appointment he has made more conciliatory noises, but we should remain quite rightly suspicious of his ultimate motives. Environmentalists most want the certainty that the existing EU environmental protections will be safeguarded in full and for a long time.

When Mr Gove looks at his in-tray, he could also finalise the publication of both the environment and the food and farming 25-year plans, which were meant to set out a long-term strategy for these sectors but which have been embarrassingly delayed for some time. Can the Minister shed some light on their latest publication date, or confirm rumours that they have both been shredded?

We look forward to debating the agriculture and fisheries Bills, which were included in the Queen’s Speech. Both these sectors need urgent reassurance that jobs, livelihoods and markets will be protected. Their continuing success is fundamental to our country’s economic resilience in the future. We will continue to work closely with all those who work and live in these communities to safeguard jobs and deliver a sustainable long-term future for our farming, fishing and food industries.

Finally, we welcome many of the Government’s transport proposals, looking forward to the future with new rail infrastructure and embracing automated and electric vehicles. We will continue to push for a greater role for the Office for Low Emission Vehicles in driving the uptake of ultra-low emission vehicles. We also applaud the attempt to secure growth in the UK space sector, although since the Government cannot currently manage our rail franchises I have huge concerns about the implementation of any spaceflight Bill, and fear that it might be more of a flight of fancy than reality. My own rail network is run by Southern, so I understand at first hand the chaos, disruption and impact on family life that this has been inflicting on commuters and travellers over the last two years and that seems set to continue. So while spaceflight and high-speed rail are exciting prospects, I hope the Minister will hear our pleas that the Government will tackle the deep flaws in our current rail network as a priority.

I look forward to hearing the remaining debate today, in particular the maiden speeches of several noble Lords who I am sure will add greatly to the quality of the discussion.

This is a wounded Government and a threadbare set of proposals. For as long as the Government remain in office, we will play our full role in scrutinising the Bills in detail. But should this Government fall, as many predict they will, rest assured that Labour will bring forward a Queen’s Speech that truly addresses the challenges facing Britain, offers hope and represents the real centre ground of British politics.

Bus Services Bill [HL]

Baroness Jones of Whitchurch Excerpts

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

[The Parliamentary Under-Secretary of State, Department for Transport (Lord Ahmad of Wimbledon) (Con)]

My Lords, the Government have tabled technical amendments which tidy up the Bill and correct drafting references. I will go through them briefly in turn. More information about the purpose of the amendments is provided in the letter I sent when they were first tabled.

Amendment 18 makes it clear that the Bill does not prohibit, for example, an executive from exercising franchising functions on behalf of a mayoral combined authority. It does not enable decisions that the Bill stipulates are mayoral decisions—such as the decision to move to franchising—to be taken by anyone other than the mayor.

Amendments 43 to 46 and 83 to 86 are identical amendments ensuring that certain references in the Bill are to all authorities that are part of a scheme rather than only the authorities that initially made the scheme.

Amendments 75 and 76 ensure consistency by amending the Bill so that certain enhanced partnership provisions refer to both facilities and measures. Amendments 79 and 80 ensure that regulations can be made regarding aspects of appeals that are needed in the context of a transition to an enhanced partnership scheme.

The Government have also tabled amendments correcting references and straightforward drafting errors. These are Amendments 20, 50, 52 to 56, 61, 62, 65, 74, 77, 78, 94 and 96. I beg to move.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I will not detain the House by commenting on the amendments in detail. As the Minister has said, they are largely technical and intended to tidy up the legislation. We accept that they reflect the spirit of the Bill and the terms in which we have been debating the issues so far. I will not rehearse the argument we have already had about why tidying up is still taking place because we have explored that in some detail. At this point in the Bill’s progress, I do not think that that would be helpful and we are therefore content to support the amendments.

Amendment 18 agreed.

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Moved by

[Baroness Jones of Whitchurch]

39: Clause 4, page 19, line 31, at end insert—
“(7A) The scheme must specify whether consideration has been given to the wider social, economic and environmental benefits of the scheme, in accordance with the Public Services (Social Value) Act 2012.”

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[Baroness Jones of Whitchurch]

My Lords, in moving Amendment 39, I shall speak also to Amendment 73. These amendments would require those opting for a bus service under franchise, and those developing enhanced partnership schemes, to apply the principles of the Public Services (Social Value) Act 2012 when determining the type of service to be commissioned.

As we discussed in Committee, the social value Act recognises that public services can play a transformative role in communities. Rather than simply opting for a narrow definition of value, it requires those procuring services to consider the economic, social and environmental benefits of each bid. It allows local authorities to think about public services in a more coherent way, particularly on a combined-service basis, and encourages those bidding for contracts to be more imaginative about the community benefits their service could bring.

Often this can result in better-designed services, with other benefits and efficiencies. In the case of bus services, it could include, for example, a commitment to train and employ a number of long-term unemployed people to work on a contract; or it could include a number of apprenticeships and work experience places for young people; or it could include a commitment to support an existing community bus service, perhaps with some shared facilities; or it could include an environmental plan with targets for green energy and reduced CO₂. Of course these are just examples, but the point of social value in this context would be to encourage bus operators to commit to their own added-value measures without costing any more money.

In a letter on this issue to the noble Baroness, Lady Scott, and in our discussion in Committee, the Minister expressed some sympathy with these aims but argued that it would be better covered in the guidance that accompanies the Bill. However, we were disappointed with this response, because the fact is that the social value Act is simply not being embraced in the way that was intended. We believe that it would benefit from being on the face of the Bill to underline the importance of this approach.

As we mentioned in Committee, the operation of the social value Act was reviewed last year by the noble Lord, Lord Young. He concluded that, where it was used effectively, it resulted in commissioners being much more innovative and delivering much more responsive public services. This is great news. However, the noble Lord, Lord Young, then went on to conclude that the opportunities and advantages were simply not widely enough understood and take-up of the concept was therefore low. This is our opportunity to put this matter right by embedding this approach in the provision of local bus services in the future. However, that will only happen if it sits in the core of the Bill; if it is buried away in guidance notes, as the Government are proposing, it runs the risk of being ignored and misunderstood again in future.

I hope that the Minister will reconsider his position on this and that noble Lords will feel able to support the amendment. I beg to move.

[Baroness Scott of Needham Market]

My Lords, I offer the support of these Benches for the amendment. It would be rather strange if we did not, because the social value Act 2012 was a Private Member’s Bill taken through this House by my noble friend Lord Newby. I raised the question of the use of this Act in Committee, so I am grateful to the Labour Benches for picking this up and transferring it into an amendment.

As we have heard, the social value Act allows public bodies to take a much broader range of issues into account than conventional procurement practices do, so they can think about the environment, community well-being and the local economy. It actually goes one stage further, because the Act makes people think about the considerable financial power of public procurement in an area and is a way of local authorities and local health authorities harnessing their own commissioning power for the benefit of their communities.

As we have heard, the evaluation last year by the noble Lord, Lord Young, was that, while there had been some real success stories, the social value Act was not being used enough and was not sufficiently understood. I have a lot of sympathy with an amendment which puts this on the face of the Bill because it forces commissioning authorities to really think about whether they have given sufficient consideration to this. Overall, it is a way of ensuring that compliance improves.

I was very taken with the conversations I had on this matter with HCT, formerly Hackney Community Transport, which is a social enterprise that provides bus services in a range of areas as diverse as London boroughs and Jersey. It feels very strongly—and made the point to me—that current procurement practices often freeze out smaller businesses. That is a great pity because some of the best bus operators in the country are the small, local ones. It is important to find ways to strengthen this aspect of the Bill and really help local authorities, in their various forms, to make the most of this considerable new power.

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[Lord Ahmad of Wimbledon]

My Lords, I thank all noble Lords who have taken part in this debate. On that final point from the noble Lord, Lord Berkeley, I am sure he will not be surprised to hear that I will look into those comments. However, the Government’s position has been made clear during the course of the Bill. Certainly, on the franchising issue and specifically on mayoral authorities, we believe that they are the preferred model because of their governance issues. On the other issues he raised, I have not seen those comments so it would be inappropriate for me to say any more at this juncture. However, I will read his contribution and come back to him.

The amendments before us concern the Public Services (Social Value) Act 2012. As we all agree, and as I have said repeatedly, we accept the principle that it encourages those who commission public services to talk to their local providers and communities to design better services. The noble Baroness, Lady Scott, first raised this issue at Second Reading and it has been a constant theme throughout the passage of the Bill.

As I have said before, and as noble Lords have acknowledged previously, the 2012 Act already applies to certain procurements by local authorities. In addition, based on our discussions both at Second Reading and in Committee—I hope noble Lords have seen the draft guidance that my department issued recently—we have taken on board the comments and contributions made in the debates on the Bill to ensure that that is reflected appropriately in the guidance. As I am sure noble Lords have seen, it sets out that where the provisions of the Act do not apply because the procurement value falls below relevant thresholds, there is still a need for local authorities to apply the core principles of the Act when procuring services. So not only have we listened but we have acted to strengthen the guidance beyond the original provisions of the Act.

As I said in Committee, we do not believe that we need reference in the Bill to an existing piece of legislation that applies in its own right. However, we accept the principle, and that is why we have strengthened it in the guidance that will accompany the Bill. More broadly, I think that noble Lords are keen to ensure that authorities think about the social, economic and environmental benefits and impacts of schemes. I agree entirely but point out that the Bill already requires authorities to think about these benefits through the franchising and enhanced partnership provisions.

As noble Lords will no doubt recall, as part of their assessment of their proposed franchising schemes, authorities will need to consider value for money, which will include detailed analysis of the social, economic and environmental impacts. Likewise, for enhanced partnerships, the Bill specifies that a scheme can be introduced only where it brings benefits to people using buses or where it reduces congestion, noise or air pollution. Therefore, the Government have listened and, as can be seen from the way we have strengthened the guidance accompanying the Bill, as well as the provisions of the Act relating to the procurement of services, we have specifically considered the social, economic and environmental costs of schemes, and that is well embedded in the Bill.

I hope that noble Lords will be assured by the action we have taken to strengthen and enhance the guidance accompanying the Bill. The existing legislation will be brought to the attention of local authorities and will be referenced in that guidance. We feel that using the guidance is the appropriate way to address this important topic. Again, I thank noble Lords, particularly the noble Baroness, for raising this issue at an early stage in the Bill. I feel that we have made progress and I hope she will feel minded to withdraw the amendment.

[Baroness Jones of Whitchurch]

My Lords, I thank noble Lords who spoke in support of our amendment. I agree very much with the noble Baroness, Lady Scott, about the creative role that smaller companies such as HCT can play. I also very much welcome the comments of the noble Lord, Lord Cameron, about the need to rural-proof and about how amendments of this kind can help that process. I assure him that the particular needs of rural communities have been a common theme throughout our debates, and indeed further amendments have been tabled picking up that theme.

I thank the Minister for recognising in the debate and in the draft guidance the validity of some of the issues that we have been raising. I think that our differences always related to the profile that the social value Act would get if it was buried away in the guidance notes. We still have concerns about that and would still like to look at other ways of raising the profile of the Act within the Bill. In the meantime, there is obviously scope for us to look again at the draft guidance and whether there is anything more we can do around that. However, on the basis that the Minister has gone some way to meet our expectations, I do not intend to push the amendment to a vote.

Amendment 39 withdrawn.

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[Lord Ahmad of Wimbledon]

My Lords, in Committee, a number of noble Lords tabled amendments concerning the information that authorities can require of bus operators in association with either franchising or enhanced partnership proposals. I thank all noble Lords for their discussions on this, both inside and outside the Chamber. My noble friend Lord Attlee made some important points about the purpose for which authorities may use the information they receive. I agree that authorities should be able to use information acquired in connection with a franchising proposal only for that specific purpose and should not be able to use it, for example, to develop or negotiate an enhanced partnership. I am therefore tabling a number of amendments to ensure that any information received by an authority from a local bus operator can be used only in connection with the purpose for which it was requested.

The amendments also make it clear that an authority may disclose the information it receives from operators to any persons carrying out activities on behalf of the authority; for example, an auditor—a subject we covered earlier—or a consultant, or, in the case of enhanced partnerships, any other authority that is party to the proposals. The authority will, of course, need to ensure that any third party acting on its behalf treats the information with due care, and I would expect that to form part of any contract that the authority enters into with a consultant. This will also be made clear in the Bill’s statutory guidance.

In Committee, the noble Lord, Lord Berkeley, made an important point about the need for operators to respond to information requests from local authorities within a reasonable time period. I agree with him and am bringing forward a number of amendments to that effect. In turn, I expect local authorities to work with their local bus operators to determine what is reasonable, and to adjust the time period based on the breadth and depth of the information request.

I know it will please the noble Lord, Lord Kennedy, and the noble Baroness, Lady Jones, when I say that there are a few technical government amendments in this group which tidy up the drafting of the Bill. Amendments 88 and 93 make it clear that a local authority can require information to determine whether to vary or revoke an enhanced partnership plan or scheme, and that a joining authority can also require such information. Amendments 91 and 92 make the drafting more precise. I beg to move.

[Baroness Jones of Whitchurch]

My Lords, again, we do not feel the need to make much comment on these amendments. Apart from the now-routine technical amendments, the remainder are very much in the spirit of requiring bus operators to supply the relevant information to local transport authorities within a specific timeframe. We welcome the improved wording and the explanation given by the Minister today. We are happy to support the amendments.

Amendment 49 agreed.

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.

Bus Services Bill [HL]

Baroness Jones of Whitchurch Excerpts

Report: 1st sitting: House of Lords
Wednesday 12th October 2016 Lords Chamber

[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.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I wish to speak to Amendments 6, 19 and 66 in this group, which will require all new buses commissioned under franchising advanced partnerships or enhanced partnerships to meet the low-emission requirements set out by the government-sponsored Office for Low Emission Vehicles. As has been acknowledged, they go further than the amendments proposed by the Minister and the noble Baroness, Lady Randerson, whose amendments are permissive and simply allow local authorities to specify reduced emissions in their scheme rather than requiring them to do so.

Although we welcome those amendments as far as they go, with the greatest respect, we do not feel that they go far enough. We face huge challenges in tackling climate change and moving to a low-carbon economy. We need to play our part in contributing to the global strategy agreed at the Paris declaration. However, to be successful, government departments right across the board, including transport, have to be prepared to set clear, achievable objectives at national and local level. There is some urgency to this. The UK Committee on Climate Change in its recent report to Parliament raised concerns about the lack of progress in tackling carbon emissions in the transport sector—for example, with increased car use and the demand for travel offsetting improved vehicle efficiency.

There is so much more that the department could do to promote green technology in transport. As part of this approach, public transport has an important role to play. We need to encourage people out of private-use vehicles and into low-carbon trains and buses. We believe that low-carbon buses have a crucial role to play in meeting our 2% reduction in carbon as well as boosting public health and improving air quality in urban areas.

The low-emission bus scheme created by the Government’s Office for Low Emission Vehicles provides a blueprint for a transition to low-carbon vehicles, so we feel that this is the right way forward. It has been working with manufacturers and there are already 3,500 low-carbon buses on our roads. As the Government’s draft guidance note acknowledges, these represent only 9% of buses in service in England. Of course we welcome the Government’s grant of £30 million to help local authorities and bus operators purchase more low and ultra-low emission buses, so at least we are on the same page on that.

However, we need to go further by making low-emission standards a requirement for all buses purchased by transport operators and local authorities in the future. This is why we propose that all new buses purchased after 1 April 2019 should meet these new environmental standards. That deadline gives people time to prepare and time for manufacturers to create low-emission buses as a standard offer. There is no reason why we should not do this; the technology already exists to make this a reality, and it presents a real opportunity for UK bus manufacturers to become market leaders in this sector.

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Moved by

[Baroness Jones of Whitchurch]

6: Clause 1, page 4, line 26, at end insert—
“(10) Each advanced quality partnership scheme must, as a standard of service, require that new vehicles delivering local services meet the specifications of the low emission bus scheme as set out by the Office for Low Emission Vehicles in its 2015 document “Low Emission Bus Scheme: Guidance for participants” if the vehicle comes into service after 1st April 2019.”

[Baroness Jones of Whitchurch]

My Lords, I just respond very briefly regarding the olive branch that the Minister has just referred to. I have to say that it would require quite a substantial rewriting of the guidance, because the whole emphasis of that guidance is based on a devolutionary approach, which, as I have made clear, I do not feel is appropriate on this occasion.

On the issue about whether it should be targeted in particular areas where there is a problem of air quality, all I will say is that our Paris commitment is a 2% reduction in carbon emissions overall, not just in urban areas. It is a national and international issue. The challenge for us is not just to pinpoint particular areas where there is particular pollution, it is to move overall and UK-wide to a low-carbon economy. This is where we have a difference in approach on this matter. Without wishing to take up any more time, I wish to test the opinion of the House on this matter.

Bus Services Bill [HL]

Baroness Jones of Whitchurch Excerpts

Wednesday 20th July 2016 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I support most of the speeches made in support of this amendment. I am not sure that I agree with my noble friend Lord Snape about too many announcements. It is better to have too many than too few. Coincidentally, today I got news from the Oxford Mail that Oxfordshire County Council is stopping all subsidies to buses. It made the decision this afternoon. The noble Lord, Lord Low, spoke about the Oxford Bus Company, which is very good, but 117 routes will be cancelled, mainly to small towns and villages. If we think about the effect on people who cannot see or who have reduced mobility, they cannot drive. The article does not say how many people will be affected by it, but it is obviously going to have a serious effect on people’s lives in just one county. Of course, it is blaming government cuts, rightly or wrongly, and we can debate that. But if the council had waited a year or two until some of this legislation had gone through, the Minister might say that it could easily keep those services because they will be so much better and operators will not need a subsidy anymore because there will be so many more people, presumably under the age of 16, paying for their fares. It is a serious warning. Just one county, which is probably not the poorest county in the country, has said, “Damn the buses. We don’t really care. They’re old, infirm, poor and probably don’t vote Tory. We’ll dump them”. It is a very sad coincidence that it has happened today.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I support the amendment tabled by the noble Baronesses, Lady Campbell and Lady Brinton. I shall speak also to Amendments 122 and 126 in my name. I am very grateful for the support of noble Lords who have spoken on them.

These amendments build on the requirements in the Equality Act 2010 for businesses to make reasonable adjustments to ensure that people with disabilities can access goods and services. Action on these issues is vital as the Department for Work and Pensions survey shows that 37% of disabled respondents found transport accessibility a significant barrier to work. We clearly have a long way to go to create a service to which all potential users have access.

Amendment 122 is, I hope, straightforward. It builds on the good practice that exists among enlightened bus operators around the country. It requires all bus operators to provide compulsory, approved equality and disability awareness training by 1 April 2019. It makes the important point that disability is not always obvious and can include mental and other hidden disabilities. We believe that all bus drivers need the skills to identify these potential disabilities, understand the legal framework that applies and have the confidence to intervene effectively when problems arise. I take the point made by my noble friend Lord Judd about the need for public awareness training, but it has to be underpinned by clear legislation and training. In my experience, the public are much more aware of and sympathetic to these issues than we give them credit for. Quite often it is members of the public who come to the rescue of people who are trying to get on to transport; they want to help but do not feel they are getting the support they need to intervene.

We contend that it is not good enough to provide this training on a voluntary or ad hoc basis. With all equality training, the experience is that those who acknowledge that they need the training the most do not really need it: it is those who have to be forced to go on the training who need it the most. It has to be a universal and regular provision.

I ask the Minister for clarification on the Brexit implications of the proposals. As I understand it, Britain currently has a five-year exemption from the EU directive requiring bus drivers and terminal staff to undergo disability awareness training. The exemption runs out in 2018, and we would have expected the requirement to have been put in UK law by then. Will the Minister clarify the status of that obligation now? Is the department on course to implement it, or is this something that can now be achieved more quickly, perhaps through the vehicle of the Bill by adopting our amendment or something similar?

Our Amendment 126 addresses the need for all buses to have audio-visual communication systems to advise passengers of the next stop, any delays and any diversions from the published timetable. The amendment has the support of over 30 charities and bus providers. It would make a vital difference to the lives of almost 2 million people with sight loss, as well as many elderly people who rely on public transport for their independence. As the noble Baroness, Lady Randerson, said, currently only 19% of buses are fitted with AV. Those of us who travel regularly by bus in London realise how liberating and reassuring the service can be, and indeed it frees the driver to concentrate on the roads. I say to my noble friend Lord Snape that I travel on London buses a lot and I have never been irritated by the voice of the AV system; I always find it soothing and reassuring.

It is not like that in the rest of the country, though; a recent Guide Dogs report showed that seven in 10 passengers with sight loss have missed a stop because the driver has forgotten to tell them where to get off. Understandably, this is both distressing and potentially dangerous. AV provision already applies to all new trains. It makes sense to replicate that provision for buses so that we can have a properly integrated public transport system with equal rights and facilities across the piece.

As we have heard, some bus operators have argued that the cost could be prohibitive, but we do not accept that. The latest estimates are that it could be installed for around £2,000 per bus. At the noble Lord, Lord Low, said, a recent study in Oxford showed that if the messenger system was also allowed to include adverts, it could pay for itself in two years. When we met the Minister, Andrew Jones, at the start of the process, he seemed sympathetic to the arguments that have been put on this issue. I understand that he has since said he accepts that the costs have come down, and is therefore reflecting on the next steps. I am also grateful to the Minister here for our earlier meeting on the issues that are covered in the amendments, and I know that more discussions are being planned. I hope the Minister will be able to give us some good news today, and will feel able to confirm that he is prepared to support the amendments.

[Lord Judd]

I would like to pick up something that my noble friend has said. I hope that in her concern to bring home—and I applaud this—just how concerned and helpful so many people are about the plight of the disabled, we do not play down the importance of public education. I travel on London buses a good deal as well, and it is sometimes extremely exasperating to see able-bodied people sitting firmly and almost defiantly in the seats that are supposed to be available, and not giving way. Therefore it is important that there is a culture of support within the bus. I do not advocate a sort of indoctrination programme but suggest that if we have an effective public awareness programme with the maximum possible amount of helpful information about what is expected of people on the bus itself, that will support the majority of people, who are concerned and want to help. As so often in life, a small number of people cause the problems, so you want an atmosphere in which those who are concerned about this are actively supportive of the bus driver.

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[Lord Ahmad of Wimbledon]

I will come to that point in a moment and I thank the noble Baroness for her intervention. I agree with the noble Baroness, Lady Jones, who raised the importance of helping drivers to understand the potential needs of people with a range of impairments and to respond to them directly and positively. The Department for Transport is currently working with Mott MacDonald, representatives of disabled people and the bus industry to review examples of disability awareness training from across the transport sector. Our intention is to publish best-practice guidance well ahead of the introduction of the mandatory requirement. I hope that, by working with the industry to embed this framework, we will help to improve bus drivers’ understanding of their role and that this, in turn, will enable disabled people to travel by bus with greater confidence.

I turn to Amendment 126. For many of us, missing our stop is an inconvenience—by golly, I think we have all been there, and sometimes it is our own fault—but for many visually impaired people the risk of alighting at the wrong location and of being stranded and unable to get back is enough to prevent them travelling at all. Noble Lords will know that the charity Guide Dogs has already campaigned hard on this matter, and it is one on which noble Lords have expressed clear views. The Bill already enables enhanced partnership schemes to specify requirements about providing information to passengers by placing electronic equipment within vehicles. Franchising authorities may choose to require the provision of accessible information in their local service contracts.

The noble Baroness’s amendment goes a step further and proposes amending the Public Service Vehicles Accessibility Regulations—the PSVAR—to require information to be provided that is accessible to blind and partially sighted people. I am grateful to her for proposing such a pragmatic solution, particularly in specifying the information that should be provided, not the means of delivering it. I assure noble Lords that I therefore intend to consider the noble Baroness’s amendment and, in doing so, I will reflect on a number of potential concerns around the proposal as it is currently drafted. For example, within the current drafting, it is not entirely clear whether the PSVAR is the right vehicle to use to introduce any such requirements, given that present provisions in those regulations relate to the physical presence of equipment on buses rather than the provision of service or the level of information.

There is also a question of timing. The PSVAR were originally made in 2000 and operators have had over a decade to prepare for the requirements becoming mandatory, including planning to deal with the resulting costs. I am sure that noble Lords will agree that, in making vehicles more accessible to disabled passengers, we would not wish to put at risk the services that many rely on. Yet I fear that smaller operators may struggle to comply with such new requirements and that the provision of some services may become untenable. This is an issue that I have discussed with the noble Baroness outside the Chamber as well. Given this, I hope that noble Lords will understand why I cannot accept the amendment as it is currently presented. However, I understand the very real concerns expressed at Second Reading, which the amendment of the noble Baroness, Lady Jones, seeks to address, and I therefore intend to give it further consideration.

Issues have been raised about consultation and working with the industry—and working with those who know best. Noble Lords will know that the Disabled Persons Transport Advisory Committee—DPTAC—has a statutory role in advising the Government on the transport needs of disabled people. Last month, its current chairman, Keith Richards, addressed the DfT board, where I was present. I know that the committee sees the improvement of on-board information as an important priority. I remember sitting at that board meeting and listening to the presentation. I immediately put forward to both my team and that of the Minister responsible for buses, Andrew Jones, that we need to consider their engagement and involvement. As I said during that very meeting, the Bus Services Bill is an opportunity to ensure that we can address the concerns. I intend to consider further the amendments of both the noble Baroness, Lady Jones, and the noble Baroness, Lady Campbell. In doing so, I assure noble Lords that the DPTAC will be involved fully. This Bill provides an important opportunity—as I have said throughout the passage of the Bill thus far—to ensure that the rights of disabled people are at the heart of the planning and operation of bus services. It is vital that any additional provisions address these important issues in the round.

There was an additional question by the noble Lord, Lord Berkeley, about Oxfordshire bus cuts. It is certainly our understanding that the situation in Oxford is not perhaps as stark as he suggested. My understanding is that the council has been working with local bus operators to minimise the impact of the changes, with a relatively large number of services being taken up commercially and new types of community transport also being put in place. I am sure that this is something that we can look at specifically outside the Chamber, if there are other details that the noble Lord wishes to provide.

I hope that I have underlined that the Government are serious about this issue. I welcome the engagement that we have had both within and outside this Chamber, which will continue—I can say that with a degree more certainty today than perhaps I could a week or so ago, certainly as far as I am concerned—although we should never count on these things.

On a more serious note, it is important that we continue to work to see how we can improve the Bill and address this important issue. I look forward to further discussions on this matter and trust that, with the reassurance that I have given to noble Lords at this juncture of the seriousness with which the Government intend to consider the amendments before us and proceed with these proposals, the noble Baroness will be minded to withdraw her amendment.

[Baroness Jones of Whitchurch]

My Lords, I am grateful for the response from the Minister and I am sure we would all appreciate the chance for further discussion. I am certainly not one to say that we have got the wording exactly right in our amendments. However, I want to clarify something about the disability awareness training that the Minister responded to. To paraphrase him, he said: “Don’t worry because it’s a mandatory requirement, or will be in 2018, arising from the EU legislation”. He then went on to say, “We are already reviewing our EU obligations”. That seems to be a contradiction. Will it happen? Is it mandatory, or will it be in the melting pot of a Brexit review that may do away with it as unnecessary red tape in some sort of bonfire?

[Lord Ahmad of Wimbledon]

This is important, so I will put my words into a letter for all noble Lords’ consideration. However, I reassure noble Lords and the noble Baroness in particular that we were mandated and signed up to the EU provision. Certainly, the intent behind the Government’s consideration of this is that whatever provisions were within that regulation are reflected in the obligations that the Government proceed with. I cannot present the noble Baroness with the exact chapter and verse about how that may be mandated, but because of the importance of the issue, I will write to her in that respect.

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Moved by

[Baroness Jones of Whitchurch]

121: Clause 14, page 66, line 5, 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, this amendment builds on the concept of a community asset, as identified in the Localism Act 2011. Some bus routes, particularly in isolated rural areas, are simply a lifeline for the local community. At the moment these communities feel impotent to defend or potentially take over these routes, particularly where they are provided by a private operator whose only concern is the route’s profitability.

At the moment, other community provisions such as pubs and shops can be designated an asset of community value. Indeed, in some areas bus stops have been similarly designated. Our amendment takes that concept one step further, building on the process set out in the Localism Act. It would allow for a community grouping to apply to the traffic commissioner stating why a bus route should be listed as having specific community value. They would have to make the case for how it furthered the social well-being or social interests of the local community and, if successful, this would give the community some protection from the service being cut or closed without notice.

At a minimum, this would give the community six months’ notice of closure. More importantly, it would allow space for alternative owners or providers to emerge. That could include a community-run provision or not-for-profit partnership. It would also provide space for additional funding to be sought from government or elsewhere, and might encourage some imaginative thinking about the kind of service that would really be valued by the community in future.

We believe that a new right for communities based on this principle would build on the essence of the Localism Act. It is a natural extension of that policy and would provide considerable reassurance to our most isolated rural communities. I hope noble Lords and the Minister see the sense in what we are proposing, and I look forward to support for this amendment.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I support Amendment 121 in the names of the noble Lord, Lord Kennedy, and the noble Baroness, Lady Jones, to which I have added my name. I must apologise for not being able to take part in previous Committee days on this important Bill; the scheduling of children and social work in Grand Committee at the same time as the buses Bill was in Committee in the main Chamber meant that I was unable to be in two places at the same time. I also declare my interest as a vice-president of the LGA and a councillor on South Somerset District Council.

I am concerned, as are other Members of the House, about the declining bus service in rural areas and market towns. When I was a young mother I caught the bus on a Friday from the bottom of the road and went into town with my toddler and pushchair to do my shopping, run some errands and come back again. A Friday suited me, but I could have done that journey four times in the morning and three times in the afternoon, on every day of the week, including Saturdays, and at limited times on Sundays. Now that service is vastly reduced to twice every weekday, once on Saturday and nothing at all on Sunday. The service also ran once each way in the evening so that young people could get to youth activities or go to the cinema.

I will briefly comment on the plight of many young people in rural Britain. Young people should be able to access training, go to FE colleges and engage in apprenticeships. They should be able to socialise, as it is part of their development to hang out with their friends. As they move from the security of the home to taking more and more decisions for themselves, the ability to have free movement within their communities is vital to their gaining independence. They are mostly fit and can walk, but will their parents or guardians be happy for them to hike miles each way in the winter in order to go to the cinema? No buses run after 6 pm, after all.

Currently in Devon, the county council is forcing young people to prove that they need help with transport. This means that young people will be penalised, and it is mainly rural families who will be hit by this new policy. The Government require young people to stay in education or training until they are 18 but will not give any more money towards transport costs. While colleges have an allocation to help with education costs for poorer families, FE colleges are worried that the demand will be greater than the funds available and a whole new set of red tape will be needed for young people who need help getting to college.

The village I lived in was typical of hundreds of villages around the country. The GP surgery is in the next village, but will the bus times fit with the timings of appointments or will people who are already feeling unwell have to hang around waiting as the bus comes only once a day—or, worse, simply be unable to get there at all when there is an appointment?

The view of the All-Party Parliamentary Group on County Matters is:

“Buses are a lifeline to rural communities—efficient public transport is of particular importance in county areas where large, sparse and rural geographies mean that there is an increased risk of isolation. Local bus services are a lifeline for many residents and we must ensure we find ways of making services sustainable for the future. A well designed system can support health and social care—keeping people connected to their communities and providing consistent access to public services can reduce the human and monetary costs of escalating need. This is particularly important in counties which represent the largest older populations, and face particular pressures in health and care services. The bus system is crucial to county economies—half of all commutes outside of London are by bus, and businesses say that well designed services in rural areas are crucial to supporting local economies. This is of particular importance given the substantial number of small businesses in counties”.

I fully support the amendment. In my area I have supported the community right to bid, which has safeguarded many assets that the community holds dear: the local pub, village shops and post offices, and many other facilities. Local communities are capable of innovative and far-reaching plans for their assets, which will now provide facilities that have gradually been eroded over time. Everyone valued them but felt powerless to prevent their demise. Communities run community libraries in pubs, plus shops, cafes and drop-in centres, as well as serving beer. They run lunch clubs for the elderly and isolated, and there is often quite a queue forming in order to ensure that they get a seat next to their friends so they can chat happily while enjoying a cooked meal.

Bus services are also part of community assets. Those in a hurry often bemoan the fact that some rural services meander around villages, picking up people on the way. However, this “meandering around” is vital to ensuring that those on low incomes, those who are frail and can no longer walk long or even short distances, and those who have given up driving their cars, are not left lonely and isolated—prisoners in their own homes. Often those on the bus will notice that a resident who usually joins them is not there. They raise their concern and alert neighbours to this fact, ensuring that a visit is made and their welfare taken care of.

Amendment 121 is clear and speaks for itself; the noble Baroness, Lady Jones, eloquently laid out the case for it. As a country we have come to believe that profit is a good thing and must come before all other considerations. But profit must not be allowed to thwart community enterprise. Communities deserve better and all possible efforts must be made to ensure that operators are found to run bus services that do not run at a tremendous profit or are in danger of being axed. If this cannot be done, communities should be given the opportunity to see if they can find a solution. Nine times out of 10 they will manage it. We are a very innovative nation. I look forward to the Minister’s response.

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[Baroness Jones of Whitchurch]

My Lords, I thank the Minister for his response and those noble Lords who have supported my amendment. I have to say at the outset that it was of course a probing amendment. I am not for one second saying that we have worked through the precise wording; we were simply trying to get the concept of a different form of community transport on the agenda.

As I said in my introduction, this is not so unusual. Under the Localism Act, similar provisions are already in place for pubs, shops, and other community assets. You could quite easily see how that read-across would work—on the same basis that the pubs and shops had previously been commercial outfits but were no longer proving to be profitable, so the community ought to have some say before the services finally close. I was grateful to my noble friend Lord Berkeley for making it clear that it is not a binary choice; it is not commercial or nothing. There are already other services that operate on a non-profit-making basis and we need to learn the lessons from those to see whether those principles can be extended.

It was never our intention that this should be a blanket provision, which is why we put in a number of steps that had to take place via the traffic commissioner and so on. I am grateful for the contributions that noble Lords have made. I would be interested in having further discussions with the Minister about, if not our model, another model to give isolated, rural communities, in particular, some sort of lifeline in terms of transport provision. But with that kind offer from the Minister, I beg leave to withdraw the amendment.

Amendment 121 withdrawn.