Planning and Infrastructure Bill

Debate between Baroness Pinnock and Lord Hendy of Richmond Hill

Report stage
Wednesday 22nd October 2025 Lords Chamber

[Baroness Pinnock (LD)]

Excellent. I am pleased that he has, though I wonder whether he has, therefore, understood it. It is surprising that he has chosen to create legal uncertainty, which is what would happen with his amendment. Its consequence appears to be that developers needing a temporary use of land have in the past had to use compulsory acquisition powers if the landowner was not prepared to provide a temporary use. The Bill provides more assurance for both landowners and those improving or constructing new roads. For us on these Benches, the amendment makes no sense except as a tool to frustrate road improvements, and we will not support it.

[The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)]

My Lords, I thank the noble Lord, Lord Moylan, for the amendment, which seeks to remove the Secretary of State’s ability to grant powers to an acquiring authority to compulsorily possess land necessary to facilitate delivery of highway schemes. The purpose of the measure is to allow acquiring authorities to temporarily possess land when needed for highway works to the exclusion of others without resorting to permanent acquisition.

Permanent acquisition of land or acquiring the freehold or long leasehold title of the land would mean that the acquiring authority would own the land outright and permanently. This is unnecessary and disproportionate when the land is needed only temporarily. In the event that agreement cannot be reached, this clause would enable an acquiring authority to compulsorily acquire the right to temporarily possess and occupy the land needed to facilitate the delivery of a highway scheme.

The rights of an applicant to temporarily possess or occupy land are routinely granted in development consent orders and Transport and Works Act orders. Furthermore, the power would use the same land compensation provisions as apply to compulsory purchase, adapting them as necessary to effect the temporary nature of the interest being acquired.

The noble Lord, Lord Moylan, quoted the National Farmers’ Union. It is not a new power; it is an implied right to take land temporarily that already exists and is already used, but the Government’s Bill makes it explicit.

Temporary possession is a well-established legal concept. It provides certainty and practical powers essential for the safe, efficient delivery of infrastructure works. Temporary possession would offer an acquiring authority—being a local highway authority or National Highways—a safe and proportionate route to exclude others from the land temporarily. This is critical when the land is needed for highways works. It could involve storing equipment and construction materials or manoeuvring large construction vehicles, as well as creating temporary routes to keep works traffic off the highway.

Temporary occupation, on the other hand, as the sole remaining power under the amended clause, would not confer the right to exclude others. This would pose serious safety risks and could undermine project delivery. Without clear powers, authorities would be unlikely to use the amended provision. It would risk introducing legal uncertainty, prolonging negotiations, leading to an increase in objections and public inquiries, all of which would increase costs and could delay delivery.

The Highways Act 1980 already contains powers covering the compulsory acquisition of land and rights in and over land. Clause 33, as I have said, would make it explicit that those powers can also authorise temporary possession. Clause 33, as currently drafted, provides the legal certainty, operational clarity and safeguards necessary for the safe and timely delivery of infrastructure projects. It does not create a new power; it is about ensuring that highways infrastructure can be delivered safely and proportionately.

Having, I hope, clearly defined the difference between possession and occupation, I also say to the noble Lord, Lord Moylan, that this is not an attempt to own the land. In fact, it is clearly designed not to own the land, so that the title to the land would not change; it would be a right to occupy the land.

Finally, the noble Lord raised the question of how long it would be after works finish that the land can be possessed and whether there would be a need for guidance. That clearly is a subsidiary matter; I will take that subject away and write to him on it afterwards. I therefore kindly ask the noble Lord to withdraw his amendment.

Planning and Infrastructure Bill

Debate between Baroness Pinnock and Lord Hendy of Richmond Hill

Committee stage
Thursday 24th July 2025 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

My Lords, the Bill seeks to deliver a faster and more certain consenting process for infrastructure. It is quite clear that there are a whole range of measures within the Bill that seek to do that, and I think the general clarity of the intention of the Bill is absolutely there.

But I am going to save your Lordships quite a lot of time because, having said that and having listened very carefully to the contributions made by a series of noble Lords just now, I can say that the Government are not looking to reduce heritage protections through this clause. We are seeking to streamline the process of decision-making by creating a one-stop shop; it would sometimes be the case in the current regime that separate government departments would still need to issue separate consents.

In the light of what noble Lords have seriously said—with some passion, conviction and a great deal of clarity—I commit to go away and reflect on the arguments raised. I cannot say what happened following the discussion in the other place, but I can commit to considering all the arguments raised. We will return to this subject, bearing in mind what I have heard this afternoon. In the meantime, I kindly ask the noble Baroness to withdraw her amendment.

[Baroness Pinnock (LD)]

This may be a first for me in this House to have a Minister listening to the arguments and thinking, “Maybe this needs further thought and consideration”. I congratulate the Minister on achieving that today, because that is what Committee should be about: we make the arguments and question what the Government are proposing, and the Minister listens carefully and, instead of defending the indefensible, says, “Good points have been made, and I am going to go away and seriously think about them”. I thank him most heartily for doing so. It has been a really thoughtful, considered and expert debate from people who have had experience in government on the same issues and have raised—more eloquently than me—the issues that are pertinent to this clause.

None of us here wants to stand in the way of the development of important infrastructure. That is not what this is about. It is not about preserving our heritage in aspic—as the noble Lord, Lord Parkinson, said—but finding new life for our heritage assets and respecting them. It is about having that balance between the heritage that people in this country really value, on the one hand, and the importance of having a growth in infrastructure on the other. At the minute, I think the Government have that balance wrong. I very much thank everybody who has taken part in this debate. I really look forward to the Minister coming back and helping us with this. I beg leave to withdraw my amendment.

Bus Services (No. 2) Bill [HL]

Debate between Baroness Pinnock and Lord Hendy of Richmond Hill

Report stage
Wednesday 26th March 2025 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

The noble Lord quotes a subsidy figure for London, which is a world city of 10 million people. A choice is made by the Mayor of London in respect of the balance between fares and subsidy, amounting to the balance of subsidy that needs to be put into the network. The subsidy in Manchester will be nowhere near what the Mayor of Greater Manchester thought it would be, because of the relative growth in patronage after a long period of decline. I cannot promise any particular numbers, as the noble Lord, Lord Moylan, well knows, because that is a matter for the Chancellor, for future years and for a spending review. But I will say that that funding, and the fact that it was universally awarded to every local transport authority, is a clear indication of the Government’s commitment to devolution and local bus services in a way that was not apparent with the previous Government.

[Baroness Pinnock (LD)]

My Lords, I thank the Minister for his response and the positive way that he always responds to our queries and concerns. My concerns are based on the fact that effective, reliable and regular bus services are essential for people to access employment and the growth agenda that the Government are rightly pursuing. They are also essential to help reduce the number of cars on the road and move people to using public transport more often to help our environmental agenda. That is the backdrop to my concerns. I live in West Yorkshire, and we are desperate for a bit of extra funding to support schemes for franchising there. With those remarks, I beg leave to withdraw my amendment.

Bus Services (No. 2) Bill [HL]

Debate between Baroness Pinnock and Lord Hendy of Richmond Hill

Committee stage
Tuesday 28th January 2025 Grand Committee

[Lord Hendy of Richmond Hill (Lab)]

I thank my noble friend for his intervention. The real security in this—at least for passengers, and indeed for local transport authorities—is actually with the traffic commissioners. We will no doubt come to this later on in another of the amendments from the noble Lord, Lord Moylan. In fact, the process that my noble friend referred to is an elegant example of where the activities of the Driver and Vehicle Standards Agency, if followed up with the traffic commissioners, place a burden on operators to behave properly—to treat their staff properly and offer an adequate and safe service to the public. That mechanism of inspection by the DVSA and subsequent action by the traffic commissioners, should it be necessary, is a very elegant method of regulation. It is, incidentally, also strongly supported by the industry at large.

Amendment 34, tabled by the noble Baroness, Lady Pinnock, would require local transport authorities to publish a review when proposing to create new by-laws under the provisions in Clause 21. The purpose of this clause is to address a current inconsistency that means only some authorities have powers to make bus by-laws. The requirement for a review before exercising these powers would place additional burdens on local transport authorities, increasing costs and slowing down the implementation of by-laws, and that is not desirable. The inclusion of this clause comes from the Government’s engagement with local authorities and an understanding of the tools that they need to best operate safe and inclusive bus networks for their local communities. It is also not necessary because similar powers to those proposed by the Bill are available to some local transport authorities and railway operators in operating their rail and light rail networks, so there is some experience of this.

I draw the noble Baroness’s attention to the engagement with local authorities and existing by-laws in answering her question about whether these by-laws would work. The procedure in Clause 21 draws on and is analogous to that found in existing legislation, including the Railways Act 2005 and the Local Government Act 1972. Neither Act imposes requirements on local transport authorities or operators to undertake a similar review. I undertake to go away and consider with colleagues whether there are, or should be, model by-laws available. I therefore ask the noble Baroness not to press Amendment 34.

On Amendment 50, it is a real pleasure to see the noble Lord, Lord Bradshaw, in his place this afternoon. I understand the point that he is making about his proposal to place a statutory duty on local highway authorities or other authorities to take, create, implement and report on a traffic reduction strategy with the aim of improving bus journey times—I should have said that he is supported by the noble Lord, Lord Goddard. Improving the reliability and frequency of local bus services is a key part of the Government’s plans for buses, and the Bill helps give local transport authorities the right tools and levers to do that.

However, I do not believe that this amendment is the right way to do that. For example, local transport authorities are already obliged under the network management duty, established by Section 16 of the Traffic Management Act 2004, to consider the reduction of congestion and improving traffic flow in how they manage their roads, so this new duty would in effect replicate that. It would also go against the principles of devolution—giving more freedom and fewer obligations —that we have committed to with the Bill. Local transport authorities are already able to effect positive changes in bus reliability through enhanced partnerships with operators of bus services in their areas.

The recent experience in Manchester of franchising has served to illustrate, at least to me, that the power of franchising has very quickly drawn to the attention of the authority—in that case, Transport for Greater Manchester—those elements of the management of the local road network that need to be improved in order to drive a safe and reliable service.

The noble Lord’s amendment links the production of this traffic reduction strategy to any financial support issued by the Government,

“for the provision of bus services”.

This brings a range of funding streams into scope beyond just grants that are intended either to support bus services themselves, such as the bus service operators grant, or to improve infrastructure, such as bus priority schemes that could improve bus journey times through the bus service improvement plans. Some government funding—for example, grants to make buses more accessible—may be caught under the broad wording of this new measure. There is, of course, no obvious link between this kind of grant and traffic reduction, and it would be inappropriate in such cases to produce a corresponding traffic reduction plan. However, I understand the noble Lord’s point, and I will consider further how and in what way we might address the very valuable point that he is making. On that basis, I ask him not to press his amendment.

The noble Baroness, Lady Pidgeon, has brought forward Amendment 52 to place a duty on authorities to promote bus services and publish regular reports detailing progress towards achieving that objective. I firmly believe that all authorities and operators are interested in promoting their bus services in their local areas and that it is not necessary to bring forward an amendment that places a direct requirement on authorities to do so and to report on how they have met their objectives.

The Transport Act 2000 already places a duty on the local transport authority to develop and implement policies which promote and encourage safe, integrated, efficient and economic transport in their area. Buses form part of that duty, and we know through bus service improvement plans that local transport authorities are already doing this. A local transport authority also needs to have wider monitoring and evaluation plans in place to assess the outcome of its policies. It also has to answer to its communities.

The Bill is all about providing choices to local transport authorities and ensuring that decisions are made at the right level ultimately to improve the bus network for their communities. It should therefore be for the local transport authority to decide how it will measure its successes. On that basis, I ask the noble Baroness not to press her amendment.

I turn lastly to Amendment 69, which I thank the noble Lord, Lord Moylan, and the noble Earl, Lord Effingham, for bringing forward. The amendment would require local authorities to promote the adoption of customer-facing technology. The Government remain committed to ensuring services are continuously improved for passengers. I agree with noble Lords that it is important that passengers experience good access to technology, such as free wi-fi and charging facilities. As noble Lords have noted, many operators already seize these opportunities. We would be keen to encourage further adoption, albeit that we can have little control, given that operators would need to assess its cost impacts.

From a passenger-information perspective, the Government are committed to delivering better bus services, and part of this work is working closely with bus operators and local transport authorities to improve the information available to passengers about their bus services. The Bus Open Data Service was launched in 2020 and requires all bus operators of local services in England to provide passengers with high-quality, accurate and up-to-date passenger information including timetables, fares, tickets and vehicle location information. As part of this work, the Government understand the importance of having real-time information widely accessible in a range of spaces that passengers use and are conscious of the need to continually consider new ways to improve access to real-time information, while staying in line with wider government digital and data strategies. I note what the noble Baroness, Lady Pidgeon, says about the continuing progress of technology and the difficulty of specifying now what it might deliver in the future.

I hope that the noble Lord, Lord Moylan, and the noble Earl, Lord Effingham, will understand that I do not wish to cut across the work which is currently underway. On that basis, I would ask them not to press Amendment 69.

[Baroness Pinnock (LD)]

My Lords, I thank the Minister for his detailed reply and the clarity of his answers to all our amendments. I remind the Committee that my Amendment 4 seeks to encourage the Government to respond positively to the need for funding, such as TfL has enjoyed. I note that Amendment 30 from the noble Lord, Lord Moylan, is using funding to discourage enfranchising. There is quite a world of difference between us.

Bus Funding

Debate between Baroness Pinnock and Lord Hendy of Richmond Hill

Tuesday 19th November 2024 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

The noble Lord might know that, for some years I was responsible for the London bus service. I am not any longer; the Mayor of London is. I would question some of the things the noble Lord has asserted, simply because I know through prior knowledge that we spent an awful lot of time and money providing far more toilet facilities for bus drivers in London than anybody had done before. I would question whether any responsible operator licensed by the traffic commissioners would commission schedules which expected buses to exceed the speed limit.

What I would say to the noble Lord is that it is very important that bus drivers are paid properly and looked after properly, and that their scheduled and actual hours comply with the law. To that end, the Driver and Vehicle Standards Agency will inspect those operations, whether in London or elsewhere. The traffic commissioners will take action against operators that do not comply with the legislation in respect of the operation of urban bus services.

[Baroness Pinnock (LD)]

My Lords, reliability of services is as important as fare levels to bus users. Many folk in my patch in west Yorkshire tell me that they were at risk of losing their jobs because they could not get to work on time because the bus failed to turn up. I can confirm that. I had decided to travel from my hometown to Leeds on the bus, and the first two buses were cancelled going, and, on the way back, three were cancelled. This was in the middle of a Friday afternoon. Reliability is absolutely key to encouraging people to use buses. What will this new funding formula do to penalise the providers of bus services if they cannot provide a reliable service?

[Lord Hendy of Richmond Hill (Lab)]

The reliability of bus services is terribly important to the people who use them and to the local economies of the places where they operate. This funding formula of itself will not affect the reliability of services, other than to give local authorities more resources for the officers and skills to be able to manage local bus services that they procure. The real penalty for unreliable operation of bus services outside London lies, currently at least, with the Driver and Vehicle Standards Agency and the traffic commissioners, which can bring operators in front of them when they fail to operate the services that they have registered.

One reason why conurbations, led by the Mayor of Greater Manchester, are looking at franchising bus services is so that they can have greater control. In those cases where operations are franchised, there is a different way in which to penalise operators. In fact, one of the successes in Manchester has been a much higher level of reliability, not only because there is more direct control over the provision of the bus service but because the Mayor of Greater Manchester is taking a much stronger interest than previously in the ability of the road network to enable reliable bus operation. I would expect that to be replicated in other combined authority areas that choose to go down the route of bus franchising.