Bus Services Bill [HL]

Debate between Baroness Jones of Whitchurch and Lord Ahmad of Wimbledon

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.

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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.

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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.

Bus Services Bill [HL]

Debate between Baroness Jones of Whitchurch and Lord Ahmad of Wimbledon

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

[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.

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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.

Bus Services Bill [HL]

Debate between Baroness Jones of Whitchurch and Lord Ahmad of Wimbledon

Wednesday 20th July 2016 Lords Chamber

[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.

Bus Services Bill [HL]

Debate between Baroness Jones of Whitchurch and Lord Ahmad of Wimbledon

Monday 4th July 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

Perhaps I may respond to that. As I am sure the noble Lord appreciates, every devolution deal involves detailed discussions between the Government and those proposing the deal. No doubt if a particular area, wherever it may be, wishes to go down that route, it would be subject to discussions around the devolution deal.

[Baroness Jones of Whitchurch]

I thank the Minister for his response and I thank noble Lords around the Chamber for their support, particularly that of the noble Lords, Lord True and Lord Horam, which I welcome. The noble Lord, Lord True, has done half of my summing up of the debate for me which I would otherwise have done. I want to look carefully at the Hansard report of this debate because I am still not clear about what is so special about mayors. I was really hoping that the Minister would explain what is so unique about that particular model. My noble friend Lord Woolmer made the point that you could have two adjoining authorities with the same geography, the same population and income, but one of them would have a fast track to automatic franchising purely because of the fact that it has a mayoral system rather than another one while the other would have to go through a very convoluted process.

I do not understand what it is about the mayoral model that is so important. It is not just about the geography and economics or even the strategic role, as the Minister has suggested; there is something much more singular about a particular local government structure. The fact is that we trust local authorities with making very serious decisions already. We entrust social services issues to them where they make life-or-death decisions about child protection. We trust them to take serious decisions in the commissioning of all sorts of services. It is not as if they do not already commission services and of course they have the expertise to do so. Running a bus service does not require particularly special skills which authorities do not already have. Some might not choose a franchising model, which is perfectly understandable, while others may want to have it. I do not quite understand what is so special about having a mayor in charge that would qualify them in this way.

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[Baroness Jones of Whitchurch]

My Lords, I will be brief. I have listened carefully to the contribution of my noble friend. As he indicated, he is making these proposals in the context of being against franchising. On that basis, we are not convinced that these amendments are necessary.

As it stands, the Bill requires those considering a franchise scheme to prepare an assessment that considers the merits of franchising weighed against other options. My noble friend is suggesting that they would just steam ahead regardless, but the checks and balances in the Bill make that unlikely and, indeed, impossible. We would expect there to be a detailed, thoughtful piece of work by the local authority that genuinely balances the different options in the context of what is in the best interest of the local community.

As it stands, the Bill requires the assessment to consider affordability, value for money and how it would apply to wider authority policies. We believe that that is the right tone to adopt when making an assessment. My noble friend’s proposals would go further than that and require greater certainty that all the conditions are met at that stage. We believe that that would go too far and discourage authorities from going through that appraisal and assessment process before making any decisions, which is the important point.

Therefore, we believe that the checks and balances in the Bill are the right way to go forward. There are many stages in the assessment process that would allow the proposal to be fully scrutinised, including a full audit, which we are going to talk about later. We want authorities to consider all that in an open and thoughtful way and go through what is in the best interests of the locality, taking into account all the factors and complexities of moving to a franchise situation, which my noble friend has identified—but it must be done in a balanced way. We believe that the provisions in the Bill should be supported.

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord for tabling his amendment. He proposes a series of amendments that would change the nature of the assessment that franchising authorities must prepare for their proposed franchising scheme before determining whether to introduce franchising.

In thanking the noble Lord, let me assure him that we recognise the importance of ensuring that decisions to move to a model of franchising are taken on the back of a robust assessment. In developing the Bill we have been keen to move away from the processes set out in the Transport Act 2000 that must be followed before a quality contract scheme can be established. That legislation required authorities to be satisfied that a number of tests had been met before introducing such a scheme. As was touched on at Second Reading, only one authority ever attempted to use the quality contract scheme legislation to introduce a quality contract scheme. In part I think this was because the “must pass” tests proved to be too restrictive.

I agree entirely with the noble Lord that authorities looking to franchise must consider whether the scheme is affordable, represents value for money and contributes to the implementation of relevant policies. But I think that devolved decision-making must be respected, with the mayor or authority considering the issues listed in Section 123B and any other relevant issues when assessing their scheme, and then taking reasonable decisions with their eyes wide open. I do not want to repeat the failings of the quality contract scheme legislation, and I want to ensure that franchising is a realistic option where it makes sense locally. I am concerned that the amendments as proposed would unnecessarily restrict mayors and authorities by requiring them to be satisfied about a number of issues, rather than requiring them to set out their thinking and rationale. I agree entirely, though, that I would expect authorities to proceed with franchising only where there is a strong case to do so. However, I do not want to rule out, for example, an authority proceeding with franchising where a scheme contributes hugely to its transport policies but not necessarily to its other published policies affecting local services.

The noble Lord raised a specific issue about operators having assets such as bus garages being taken away or awarded to winning bidders. It is important to note that the Bill does not give authorities powers to acquire bus operators’ assets. Authorities could potentially come to agreements with operators or lease new depots or garages to those winning businesses.

I trust that this short debate has helped to assure the noble Lord that the Bill as drafted will ensure that authorities consider a number of specific factors in their assessment of whether to move to a franchising model and allow decisions to be taken in the light of local circumstances. I hope that the noble Lord is reassured to the extent that he feels able to withdraw his amendment.

Bus Services Bill [HL]

Debate between Baroness Jones of Whitchurch and Lord Ahmad of Wimbledon

Monday 4th July 2016 Lords Chamber

[Baroness Jones of Whitchurch]

Without wishing to get into a dialogue, I think that we felt that as long the role was prescribed to be independent, different authorities will have different arrangements for appointing independent auditors. We do not feel that we need to be that prescriptive in this piece of legislation. I would not go any further than that.

[Lord Ahmad of Wimbledon]

My Lords, there are a number of amendments in this group, all related to the audit function required as part of the franchising provisions. The noble Baroness, Lady Scott, proposes an amendment to state explicitly that the auditor, whose role is to issue a report to the franchising authority on certain aspects of the assessment of the proposed franchising scheme, must be independent. The noble Lord, Lord Snape, proposes an amendment that would require the auditor to be appointed by a traffic commissioner. The noble Lord, Lord Bradley, proposes an amendment that would require the auditor to consider matters relating to an authority’s consideration of affordability and value for money. I thank all noble Lords for their amendments, and will turn to each one.

Before I go into those details, the noble Baroness rightly talked about the Public Accounts Committee’s report on local scrutiny, and I thank her for bringing that to the Committee’s deliberations. We are of course ensuring that we consider its recommendations very carefully as the Bill moves through Parliament, and we will respond during the course of the Bill.

Turning to the amendments, I recognise the importance of ensuring that decisions to move to a model of franchising are taken on the back of quality information and robust analysis. As I have explained previously, in developing this Bill we have been keen to move away from the quality contract scheme processes set out in the Transport Act 2000, which, in particular, included the need for independent scrutiny by a “Quality Contract Scheme Board”. While I agree entirely that there is a need for a level of independent assurance, I do not think that devolved decisions should be second-guessed by an independent panel. We introduced the role of the auditor to ensure that an independent third party provides assurance that certain information used in the assessment is of sufficient quality, that the analysis of that information is robust and that relevant guidance has been followed. It is not the auditor’s role to take a view on the decisions taken by the franchising authority. As I am sure that noble Lords agree, its role is to provide a quality check.

The Bill requires any auditor to have a “recognised professional qualification” and to be eligible to act as the local auditor of the authority’s accounts. As such, we would expect any auditor to be suitably qualified and able to provide independent assurance.

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[Baroness Jones of Whitchurch]

My Lords, I will speak to Amendments 48 and 51 in my name. I very much support the amendment tabled by my noble friend Lord Whitty. Amendment 48 takes a similar position—that as part of the consultation process, passenger organisations and trade union and employee organisations must be involved. We believe that proper time should be allocated to make this a meaningful consultation and an effort made to explain the changes in a clear and accessible form to those who may be affected. As my noble friend said, we have debated these issues in relation to previous amendments and received a positive response from the Minister. I hope a similar response will be forthcoming today.

I hope that Amendment 51 is an area where the noble Earl, Lord Attlee, and I are able to agree for once; I am pleased that some commonality is coming out of this debate. One of the problems with bus provision in this country is that the market is dominated by a small number of large bus operators. This makes the procurement process more difficult for local authorities and does not always result in the best passenger experience. It is difficult for new entrants to enter the sector, even though they often provide more responsive, quality services with high customer satisfaction. Reference has previously been made to the social enterprise company HCT, which runs highly successful services in parts of London, Yorkshire and Bristol. It also has the contract for providing bus services in Jersey. Since it took over that service, passenger usage has increased by 32%, the level of subsidy has reduced by £800,000 a year and customer satisfaction has increased by 5%. Somewhat uniquely, the contract also has a profit-sharing element and it is now giving money back to the local authority.

We need opportunities for innovative providers like HCT to enter the market and win new contracts, but the rules are stacked against them and the regulatory burden is far too onerous for the small providers to navigate. There is a danger that the proposals in the Bill will entrench local monopolies, at best replacing an unresponsive private sector monopoly with a publicly commissioned one. When it comes to enhanced partnerships, we need to be clearer about the process for opening up partnership lists to competition to allow new entrants to join. As it stands, the Bill acknowledges this problem in new Section 123F (1)(i). It requires the consultation document for authorities going down the franchising route to include a statement on how they propose to facilitate the involvement of small and medium-sized operators. We obviously welcome that.

Our amendment takes this one step further and requires the consultation document to consider how the franchise could be divided into smaller units. This would help to break down the local monopolies and encourage new entrants into the market. I hope the Minister understands and shares these objectives: I look forward to hearing his response.

[Lord Ahmad of Wimbledon]

My Lords, this group contains a number of amendments to the consultation process that a franchising authority must complete before it can implement a franchising scheme. Before going any further, my noble friend Lord Attlee asked about “small and medium-sized operators” and whether in the context of the Bill that meant small and medium-sized companies. The short answer is yes. It is judged by the size of the company rather than the nature of its operation. In the interests of clarity, which is always important, I will write to him formally in that respect.

Turning to the amendments which relate to the persons or bodies to be consulted and the form the consultation should take, Amendment 44, in the name of the noble Lord, Lord Whitty, would require franchising authorities to consult Transport Focus when consulting on their proposed franchising schemes. Once again, I am delighted to say that I agree with the noble Lord that it is important that organisations that represent passenger needs have an opportunity to respond to a consultation on a proposed franchising scheme. Transport Focus already works closely with local authorities and bus operators with a view to securing improvements to bus services for passengers, and I will consider how best to ensure that the Bill gives Transport Focus an opportunity to express views on franchising scheme proposals. I hope that this provides assurance to the noble Lord, Lord Whitty, in that respect.

Amendment 45, in the name of the noble Baroness, Lady Scott, would require franchising authorities to consult the Competition and Markets Authority on their proposed franchising schemes. As I said at Second Reading, competition does not disappear when franchising is introduced; it merely moves from “on the road”, where bus operators compete at bus stops for passengers, to “off the road”, where bus operators compete for contracts to operate services. Franchising authorities will be able to design a franchising system which suits their local area and local needs, whether that be through gross-cost or net-cost contracts, or with large or small bundles of routes, bearing in mind the need to involve small and medium-sized bus operators.

However, I agree that any fundamental change to the bus market that is being considered by a local area should take account of the potential effects on competition and the benefits or impacts this could have for bus operators and local people. I further agree that it may be helpful for franchising authorities to work with the Competition and Markets Authority as they develop their proposals, and for the authority to be consulted. I hope I have reassured the noble Baroness that I am with her in ensuring that we look at how to fit that into the Bill.

Amendment 48, in the name of the noble Baroness, Lady Jones, would add some additional requirements to the consultation provisions in relation to franchising, including requiring passenger interest groups to be consulted on franchising proposals. I thank the noble Baroness for her amendment, and agree that it is vital that passenger groups and others that may be affected are consulted fully on proposals to improve local bus services. I recognise that many noble Lords spoke about passenger representation and accessibility of bus services at Second Reading and in earlier Committee debates, and I fully understand that there is a wide spectrum of views and needs to be considered when planning local bus services.

The franchising provisions already include requirements for the authority to consult organisations that represent users of local bus services. Therefore, I encourage any authorities thinking of using the new tools in the Bill to engage fully with interested parties as proposals are developed. I hope this goes some way to addressing the noble Baroness’s concerns about the interests of passenger groups and reassures her that the Bill requires authorities to consult fully with those groups on franchising proposals.

Turning to the form that consultations on franchising and enhanced partnership proposals should take, the noble Baroness, Lady Jones, raised an important issue about accessibility and the need for consultations to be conducted in a manner and over a time period that is accessible to all. I agree that any consultation must give local people due time to consider and respond, particularly as proposals about local bus services are likely to have a large impact on local communities. I will therefore give further consideration to how best to ensure that consultation exercises relating to franchising proposals are accessible to all.

Turning to the amendments on the consultation materials that franchising authorities must prepare, Amendment 51, in the name of the noble Lord, Lord Kennedy, would reinforce the need for authorities considering franchising to give due consideration to small and medium-sized operators, given the important role they play in the delivery of local bus services. I sympathise with the aims of the amendment and I think we can all agree that small and medium-sized bus operators across the country deliver vital services to our local communities. Many of these smaller operators deliver tailored and bespoke services to suit local needs, and we want to see these small businesses continue to thrive, regardless of the model of bus service delivery that is employed.

The Bill requires franchising authorities, both as part of their consultation exercise and in issuing their response to that consultation, to set out how, in conducting the procurement process, they intend to facilitate the involvement of small and medium-sized operators in the provision of local bus services once franchising has been introduced. I agree entirely with the principle in the amendment that in reality, this provision will require the authority to consider in practical terms how it intends to facilitate the involvement of small and medium-sized operators, which may well include the division of local service contracts into smaller lots. However, there may be other ways to achieve that aim—for example, through subcontracting—and I do not want to prejudge the procurement strategy that an authority may employ. I hope I have reassured noble Lords that the Government are committed to ensuring that small and medium-sized operators continue to have a place in the market regardless of the model of delivery, and that the provisions in the Bill already address this issue.

Amendment 52, in the name of the noble Baroness, Lady Scott, would require franchising authorities to include in their consultation document their assessment of their proposed franchising scheme, conducted under new Section 123B, rather than a summary of their assessment. I hope I can reassure the noble Baroness that franchising authorities are already required to publish their assessment of their proposed scheme. The Bill also requires that a summary of the assessment of the proposed franchising scheme should be included in the consultation document itself, with the aim of ensuring that the consultation document contains sufficient information for the lay person to consider, without necessarily having to refer to the full assessment. I hope the noble Baroness agrees that these proposals are sensible and that the Bill as drafted already achieves her aims.

Amendment 53 would require franchising authorities to publish all the responses to their consultation on their proposed franchising scheme. I agree that it is important for those reading the response to the consultation to be informed of the views that have been expressed in responses to that consultation. I fully expect any authority to set out in its response to the consultation the views expressed by those consulted, subject to any disclosure issues, and the authority’s response to those views.

However, I do not want to be too prescriptive about how the authority should respond to the consultation and the exact form the response should take. For example, the authority may receive many responses on the same issue and may choose to summarise those responses and list the number of responses received. Again, that is common practice in local government. But I will consider how best to ensure that franchising authorities set out a summary of the responses they receive to their consultation, and hope that I have reassured the noble Baroness in this respect.

Government Amendment 50 removes the requirement for the franchising consultation document to include a description of how it is proposed persons are to be invited to tender for the provision of services. The Government believe that it is proper to remove this reference as the Bill does not make provisions anywhere else as to how the procurement process will work. This will be a decision of the authorities involved, in the context of procurement law, and guidance will be provided on procurement approaches.

Finally, Amendment 49, also in the name of the noble Baroness, Lady Scott, would require franchising authorities to have an auditor reassess their proposed franchising scheme if it is modified following consultation. I sympathise with the aims of this amendment, and agree it is vital that franchising authorities have the assurance of an auditor in relation to certain aspects of their assessment. We have already spoken about the audit function at length today so I do not want to go into further detail. I have agreed to sit down with noble Lords to discuss this further.

The section of the Bill to which the noble Baroness refers ensures that authorities are able to take account of the views expressed in the consultation and modify their franchising scheme appropriately. I also expect authorities to use their good sense and judgment. If the consultation unearths new data or causes the authority to radically rethink its approach, then of course I would expect the authority to take a view on whether it should choose to seek the auditor’s opinion on the new data or the revised analysis, and whether it should consult again on the revised scheme. I do not, however, want to force authorities to go through these processes again when a franchising scheme is modified. It may be that an authority makes a small tweak to its proposed scheme which does not materially affect it, when it would seem unreasonable for the authority to have another assessment by the auditor.

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[Lord Ahmad of Wimbledon]

As I have reflected on before, while we are in the holy month of Ramadan, noble Lords should be thankful that they are not getting emails from me because they would be arriving at about 3 am. If I am writing them, I hope noble Lords are reading them. I will of course confirm when the guidance is due to be published, but I hope I have provided clarity and that the noble Baroness will withdraw her amendment.

[Baroness Jones of Whitchurch]

I think the Minister for his response and I thank all noble Lords who contributed. For a little while there, we had a sense of what is possible in the Bill. If we were not careful, we were going to get bogged down in the technical detail of franchising but, as my noble friend Lord Judd said, it is about building community and using the real advantages that you get with a Bill like this that comes along only once every 20 or 30 years. This is a chance to build in that ambition and to have some excitement about the possibility that bus services can provide in terms of community assets. We have had a glimmer today of some of those opportunities.

My noble friend Lord Berkeley showed not only that you can have some innovation and excitement but that you can actually save money by pooling all those services. It seems foolish that social services pay for one set of transport while education pays for another, and no one ever thinks that they could pull that together into one complicated yet coherent grid.

I am pleased that the Minister spoke positively in response. I am slightly sad that he thinks this should go in guidance. I know we debate this over and over again, but guidance does not have the same weight as legislation. From our perspective, the social value Act is worth specifying in the Bill because it brings very specific requirements. I look forward to receiving the letter, when it eventually comes to us, but we need to explore how much more we can enforce this within the Bill rather than leaving it within the guidance. Perhaps that can be part of the wider discussion for us to have outside. In the meantime, I beg leave to withdraw the amendment.

Bus Services Bill [HL]

Debate between Baroness Jones of Whitchurch and Lord Ahmad of Wimbledon

Monday 4th July 2016 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I will first speak to Amendments 59 and 60 in the name of the noble Earl, Lord Attlee, which specify that any decision to postpone or cancel a franchising scheme cannot be revisited for five years.

There are many legitimate reasons why these decisions are postponed, and we believe that there is a danger that this amendment would have the converse effect of forcing imperfect schemes to proceed, to avoid the five-year moratorium. On the other hand, we believe that there are enough checks and balances in the Bill to allow decision-makers to reflect and rethink their proposals, so a ban for five years on revisiting the option is unnecessary and we would not support it.

Amendment 66 in the name of my noble friend Lord Bradley seems to provide a safety net for franchise providers to ensure that service permits which are issued do not undermine the viability of franchise schemes as a whole. This seems sensible, so we support the amendment.

Finally, we support the concept in Amendment 67 that any franchise service permit issued should first be subject to consultation, not only with the service providers but with the service users. This theme has run through a number of our amendments and we support it in this context. I therefore hope the noble Lord will agree with the sense of that amendment.

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

My Lords, I thank all noble Lords who have taken part in this debate. I will take each amendment in turn, beginning with Amendments 59 and 60.

Amendment 59 would enable franchising authorities to cancel the date on which local service contracts may first be entered into for a franchising area or sub-area. I admit to being unclear as to the purpose of this amendment and would welcome further clarification from my noble friend. The amendment that my noble friend proposes is to the section in the Bill which enables franchising authorities to postpone the date on which local service contracts can first be entered into, for example to deal with a situation in which the procurement exercise takes longer than anticipated.

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[Baroness Jones of Whitchurch]

My Lords, I shall speak to Amendment 70, which requires bus operators to publish data. A number of noble Lords have commented on this already. Data on the environmental impact of operators’ fleets, including the impact on air quality, the level of CO₂ emissions and their safety record, should be available to local authorities and passenger organisations alike. It would be our intention that this information could be independently verified. These amendments build on our earlier debates on the need for buses to play their part in making our towns and cities healthier places to live and work. We believe that the bus operators have an obligation to deliver higher environmental standards and meet the requirements of low-emission buses. To be held to account for these commitments, the data have to be available to those who can best judge operators’ performance. The same arguments apply to safety standards, so that all passengers can be assured that their provider is working towards zero tolerance on safety failures.

I, too, disagree with Amendments 71 and 72 in the name of the noble Earl, Lord Attlee. Amendment 71 aims to restrict the information provided to a franchising authority. We accept that some information needs to be identified as commercially sensitive but we do not accept that most of the information listed falls into that category. We need to be clear what is commercially sensitive and what is not. However, in most other comparable public services, the sorts of information we are talking about would be made public and shared. It would go beyond just giving it on a private basis to the local authority, and would be made more public. That is what we would expect in this instance.

Meanwhile, Amendment 72 requires bus companies to be paid for providing that core service information which, of course, would be crucial to a franchising bid, such as journeys taken, passenger numbers and fares. The point has already been made that operators will already have this information, so there is no additional cost involved. We contend that local authorities should have the right to this information and it would be standard practice to provide this service information in other contract bids.

We also believe that there should be more open sharing of data so that passengers and communities can have a greater input into the types of services they would like, and can have that input on an informed basis. I therefore hope that noble Lords will support the principles of openness set out in our amendment and oppose those attempts to have a more closed and secretive regime.

[Lord Ahmad of Wimbledon]

My Lords, there are a number of amendments in this group—I will take them in turn—which relate to enabling franchising authorities to request information from local bus operators in connection with their franchising functions.

My noble friend Lord Attlee made some important points on Amendment 71 in relation to the purpose for which authorities may use information. The powers given to franchising authorities in this clause are designed to ensure that they can obtain the information they need to take informed decisions about franchising schemes. We want the elected mayors and local transport authorities who take these decisions to have an appropriate understanding of the local bus market and robust information to inform their views of potential benefits, costs and risks.

Franchising authorities are able to request relevant information in connection with their functions only in relation to franchising schemes. They are not able to request the information for any other purpose under this section and would not be able to use this section to require information in the context of developing an enhanced or advanced partnership or an advanced ticketing scheme.

I can see that the industry might have concerns if this power were used regularly by authorities which were repeatedly contemplating high-level options—perhaps even without the agreement of elected members, or if the information, once obtained, was used for a different purpose. I also recognise that there are some potentially significant commercial risks for operators in providing this information.

It may be helpful if I clarify that the Bill ensures that franchising authorities are not obliged to publish information if they could refuse to disclose such information under freedom of information or environmental information legislation. There is nothing to prevent a bus operator informing a franchising authority of any concerns it may have about the impact of releasing certain information on its commercial interests. Let me assure the House that I expect all franchising authorities to consider such concerns before deciding how to use the information provided. I hope that reassures my noble friend that I have sympathy with the spirit of his amendment. I do, however, have some concerns about how the change he proposes would work in practice.

First, the amendment would prevent the use of information in a franchising context after a scheme has been developed or made, such as at the procurement stage, which could have a material impact on the ability to implement a franchising scheme in practice. Secondly, the amendment could prevent appropriate information being included in the published consultation document or provided to third parties, such as the auditor of the scheme, who has an integral role in the process. I would therefore like to reflect on the helpful contribution from my noble friend on this issue and take time to consider how his points could best be addressed.

Amendment 72 in my noble friend’s name would require franchising authorities to pay a fee to local bus service operators from which they have required information in connection with their franchising functions. I know that my noble friend spoke very eloquently on this subject at Second Reading, and I understand that he is concerned about the commercially sensitive nature of the data, and value of those data. I also know that bus operators across the country have put years of hard work into developing their businesses, and have built up strong reputations and good will with customers and local people. I sympathise with the concerns that my noble friend expresses on behalf of the bus industry, but I need to balance those concerns against a desire to see well-informed decisions being made.

Bus Services Bill [HL]

Debate between Baroness Jones of Whitchurch and Lord Ahmad of Wimbledon

Wednesday 29th June 2016 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, I am grateful to the noble Baroness for the amendments and for explaining their intent so clearly. As she said, Amendments 8, 17B and 54A would all help add clarity and certainty to the standards of provision to be expected from advanced quality partnership and franchise schemes and are therefore to be welcomed. The noble Baroness spoke about there being too many “may”s in one clause. They do rather render the clause ineffective, so we support the proposed changes.

Amendment 15 raises important issues about the elements of a quality bus service that we should expect following the introduction of the Bill, including controlling emissions levels and making travel easier through advanced ticketing schemes. Until I sat here today, I did not know about my noble friend Lord Whitty’s great victory. I congratulate him; it is nice to have a legacy like that. In all the doom and gloom around us, at least he can lay claim to something that we have all appreciated. As we have heard from a number of noble Lords, such travel passes transform the way people use bus services and it is the way that we want to go.

We will explore these issues in more detail in later amendments, but we nevertheless support the amendments in this group. I look forward to hearing what the Minister has to say in response. We have got into a pattern of response from the Minister that is slightly disappointing. The first line of defence is, “Don’t be too ambitious, because, if you are, you’ll put the bus operators off and they will aim low if you expect too much of them”. The second is, “Don’t worry, we’re going to put in statutory guidance”. If those are the two responses we hear as we progress through the Bill, we will not get very far, because many of our amendments are about improving quality and people’s expectations. I hope the Minister will meet us half way a little more often on some of these issues than has been the case so far.

We have great sympathy also for the case made by the noble Baroness for Amendment 13A. We all want to encourage more young people to be regular bus users and to make it affordable for them. We would like to take time to consider the cost implications—she acknowledged that there were issues in that regard, particularly for local authorities. If the measure is not fully costed for local authorities, what would be the knock-on effect? However, it is an important debate that we need to follow through. I was interested to hear from the Minister that a review of the concessionary fare scheme is taking place. Perhaps he could clarify whether young people’s fares are included in it. I am not sure what the scope of the review is, but it is one place where we could have that wider and highly relevant debate.

[Lord Ahmad of Wimbledon]

My Lords, once again, I thank all noble Lords who have contributed to this debate. The noble Baroness, Lady Randerson, introduced the amendments by saying that she was finding living with “may”s a little challenging. I for one can say that it may be a good thing if we are living with “may”, but time will tell.

There is an important distinction to be drawn between “may” and “must”. The Bill sets out a range of standards of service that may be included in an advanced quality partnership scheme. However, it is for individual local authorities to decide what standards of service to introduce as part of such a scheme. The intent behind introducing an AQPS is to provide flexibility, because the standards introduced will depend entirely on the local bus market and the needs of existing and potential bus passengers in an area. Amendment 8 would remove this flexibility. Local authorities would be compelled always to impose all the standards of service specified under new Section 113E(5). This is not a desirable approach, as some of the standards may not be appropriate in all circumstances. For example, the provision of information about bus services to passengers may already be perfectly adequate in an area that is proposing to introduce such a scheme. The amendment would also require the imposition of maximum fares even if a local authority considered such a move unnecessary. It is also worth bearing in mind that some requirements, including maximum fares, can be included in the scheme only if there are no admissible objections from any relevant operators. This is provided for in new Section 113E(7). If there were a requirement for a scheme to include maximum fares, each operator in the area would hold an effective veto over the introduction of the whole scheme.

There is another reason to be cautious about the amendment. In a deregulated market, there is no obligation on bus operators to run services that they do not wish to run. Local bus operators may not be prepared or feel able to run on a commercial basis services that comply with those requirements and may simply choose to withdraw them. If accepted, the amendment therefore runs a serious risk of undermining or even removing the viability of many existing and future schemes.

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[Baroness Jones of Whitchurch]

My Lords, Amendments 12, 23 and 88 are in my name. I very much endorse the comments of the noble Baroness, Lady Randerson, and my noble friend Lord Whitty. I think we all accept that buses are part of the solution rather than the problem when it comes to tackling environmental pollution and climate change. More passenger journeys on public transport and less car usage will inevitably have a positive impact on CO₂ emissions. This is one reason we should be concerned by the overall drop in bus usage in metropolitan areas outside London.

Sadly, the truth is that outside the great success story of London, bus patronage is around 36% lower than it was on the eve of deregulation in 1986. At the same time, as my noble friend Lord Whitty has stressed, we are facing a growing crisis in air pollution in urban areas. The Government have already been shown to be in breach of the Clean Air Act and thousands of people are dying each year. This is a public health emergency, which the Government are failing to tackle with significant vigour. At the heart of the problem is the amount of diesel fumes being pumped out by cars, lorries and buses in urban streets.

Increasing bus usage is only part of the environmental solution. Equally importantly, we need to ensure that new buses on the roads meet the highest environmental standards. I take the point made by the noble Baroness that there is also a role for retrofitting. Our Amendments 12, 23 and 88 would require all new vehicles under franchising, advanced quality partnerships or enhanced partnerships to,

“meet the specifications of the low emission bus scheme as set out by the Office for Low Emission Vehicles”,

in its 2015 document. These specifications are part of the government-backed scheme, with a £30 million grant available. They aim to increase the number of low and ultra-low-emission buses, improving air quality, reducing the impact of road transport on climate change, and supporting UK manufacturing. As such, these amendments gel perfectly with the policies being pursued elsewhere by the Government. I therefore very much hope that the Minister will recognise the sense of being consistent and will feel able to support these important amendments.

[Lord Ahmad of Wimbledon]

My Lords, I align myself with much of the sentiment that has been expressed. The noble Lord, Lord Whitty, said that we should be clear in the Bill about reducing emissions and I think that that is a general sentiment we can all share. He referred in a previous discussion to innovation and how we look at technologies and, indeed, the Oyster card. I am sure if it was called the Whitty card we would feel a lot happier travelling on public transport. Perhaps that is a thought for the London mayor to contemplate. He was talked about just now as the next Prime Minister. We are certainly going to have one Prime Minister before that, if not more, from the Conservative side. Let us bear that in mind as the factual reality we have to face.

Coming back to the Bus Services Bill, I understand the aims behind these amendments and I agree totally that buses have a huge part to play in solving some of the country’s air quality problems and, indeed, combating global warming. I further agree that it would be beneficial to local people and our local environments if low-emission technologies were adopted more widely.

Starting with Amendments 9 and 11, the advanced quality partnership scheme allows the local authority to take a judgment on the vehicle specification that is most appropriate on individual corridors. These could be vehicles of no more than a certain age, a type of vehicle that best suits local road conditions or passenger needs, or vehicles that meet certain emissions standards. Provision for local authorities to continue fully to specify the type and standard of vehicle used under the advanced quality partnership scheme is already provided for in new Section 113E(4). This provision would also allow the local authority to specify the emissions standards of the vehicles concerned.

It would not be legally possible for the scheme to set standards for vehicles that are not used on routes covered by the scheme. The environmental performance of vehicles, beyond mandatory requirements, in the deregulated bus market outside partnership or franchising scheme areas or low-emission zones is very much a matter for individual bus operators. In view of this, the amendments submitted by the noble Baroness, Lady Randerson, supported by the noble Lord, Lord Bradshaw, would simply duplicate this existing provision. I hope that with the explanation I have given she will feel able to withdraw and not move her amendments.

Amendments 12, 23 and 88, in the name of the noble Baroness, Lady Jones, would require advanced quality partnership schemes, franchising schemes and enhanced partnership schemes to prescribe the specifications of the low-emission bus scheme. I stress again that the Bill is about devolution—giving local areas a broader suite of tools to enable them to improve local services in a way that suits them. I am concerned that the amendment as drafted may unnecessarily tie the hands of authorities looking to implement franchising, advanced quality partnerships or enhanced partnerships, requiring them to specify higher standards for vehicles than in other parts of the country.

Of course, it is important to note that these higher standards will bring extra costs. In franchising in particular, the authority must, among other things, describe the effects that the proposed scheme is likely to produce and consider whether the scheme is affordable. Requiring a higher standard for vehicles may well bring extra cost to the authority, which may lead it to decide that the scheme is not viable. There would also be a cost implication for operators. Where those standards are necessary, the legislation already allows local authorities to bring them forward. Where they are not necessary, they could end up being provided instead of other benefits for passengers that may be more important to local passengers and politicians.

Amendment 36 would require franchising authorities, as part of their assessment of their proposed franchising scheme, to consider the effects of the proposed scheme on air quality and carbon emissions. I am very sympathetic to the aims of this amendment and hope I can reassure the noble Lord that the Bill as drafted will already require authorities to consider how their proposed franchising scheme will impact on air quality and carbon emissions.

Franchising authorities have to conduct a thorough assessment of their proposed scheme, and then consult. I agree entirely with the sentiment expressed by several noble Lords that air quality and carbon emissions should be two of the areas that are considered by authorities when they are conducting their assessments. I assure noble Lords that we are in the process of developing statutory guidance to complement the provisions in the Bill and to which franchising authorities must have regard, and we will be looking to use that guidance to provide further explanation of how franchising authorities should conduct their assessments of their proposed franchising scheme. That guidance will of course mention the need to assess the impact of the proposed scheme on the air quality of the local area and on the levels of carbon emissions.

There are many ways in which we can encourage authorities and bus operators to utilise lower-emission vehicles. Under the green bus fund, government funding has helped put more than 1,200 low-emission buses on our roads since 2009. Building on that success, the current £30 million low-emission bus scheme should deliver hundreds more such buses over the next three years.

I hope this discussion has persuaded noble Lords that I agree about the importance of encouraging the take-up of low-emission vehicles, but I think there are more effective ways to achieve these aims across the country. On the point that the noble Baroness, Lady Jones, made, I am happy to discuss with her how we could look at drafting amendments—perhaps not to look at things retrospectively but, as we have discussed in meetings outside the Chamber, for future vehicles—to ensure the kinds of standards she asks for. Perhaps we could take some time to discuss how we can move forward on that front. But with those explanations of where we are currently, I hope noble Lords will be minded to withdraw and not move their amendments. I hope my final comment may have at least brought a smile—which it has—to the noble Baroness’s face that we are in listening mode. I agree with the sentiment expressed by many noble Lords that this is an opportunity. We have waited a long time to bring this forward. The legislation is now in front of us and it is up to us to improve it to provide the kinds of services we need around the country.