Bus Services Bill [Lords]

Ian Mearns Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Monday 27th March 2017 Commons Chamber

[Andrew Jones]

I am not saying that Whitehall knows best; I am saying that the grant is best delivered to bus operators that are running cross-border services, and then to take it from there. It is not a question of Whitehall knows best. We are not determining the routes that operators should be operating. We are keen to see more support for buses and more routes available, but the way to achieve long-term sustainable bus growth is to have more passengers on the buses.

My right hon. Friend the Member for Basingstoke (Mrs Miller) mentioned the Paulley case, which took five years to go through our legal system and reached the High Court. Specifically, we will be inviting the Equality and Human Rights Commission to attend the meetings of our working group, on which progress has been made. We seek to have a small working group that will look at the practical implications of the Paulley case. Among the members invited so far is the Disabled Persons Transport Advisory Committee, because we want the voice of disabled groups. We also want the voice of the bus operators, so we have invited the Confederation of Passenger Transport and the Association of Local Bus Company Managers. We also want the voice of passengers, so Transport Focus has been invited. I hope we will see the Equality and Human Rights Commission, which has been invited to attend but not as a formal member. I hope to get things under way with our first meeting next month.

[Ian Mearns (Gateshead) (Lab)]

I apologise to the Minister, but may I take him back to the cross-border issue? Even in areas that do not have a landscape drawn out for elected mayors, local authorities have for the past three decades worked in partnership with one another where bus routes go across their local authority boundaries. I do not understand his point about devolving the grant to the bus company and not to groups of local authorities in travel-to-work areas.

[Andrew Jones]

The devolution of the funding goes straight to local bus companies. We are looking at how we can reform BSOG and I will take the hon. Gentleman’s points as a contributory suggestion. I do not want to change the system unless we are clear that it will keep more routes operational. We would have no guarantee, unless we ring-fenced the funding, that if we granted the devolution of BSOG to a local authority it would be used to support buses. It could go towards other forms of local transport. I want to keep it focused on buses. That is why it is with operators. However, I will take his point on board as we think about how to take this matter forward.

To answer my right hon. Friend the Member for Basingstoke a little more fully, the working group needs to be very action-oriented. The High Court encountered practical challenges in dealing with the issue of disabled access. We need to get the balance right. The space that is used for wheelchairs may also be used for parents with disabled children, the owners of assistance dogs and people who use walking frames. I want to protect everyone’s needs.

Disabled transport plans such as DPPPs are important in providing confidence and consistency for disabled people when using transport. I have much sympathy with the reason underlying my right hon. Friend’s suggestion. We will take forward a recommendation in the guidance supporting the Bill that authorities ensure that information is made available to passengers. That might be in a form that is provided by the authority or by individual operators. Again, we have been working on this issue with DPTAC, which has developed a template. I am keen to publish that with the guidance and encourage bus companies to use it. I therefore expect us to make progress in this area, which I hope will assist my right hon. Friend.

--- Later in debate ---

Brought up, and read the First time.

[Ian Mearns]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Natascha Engel)]

With this it will be convenient to discuss amendment 14, in clause 4, page 14, line 13, at end insert—

“(2A) A franchising scheme may not be made unless the franchising authority can demonstrate that the benefits for passengers could not be provided by a quality partnership scheme, an advanced quality partnership scheme or an enhanced partnership scheme.”

This amendment would ensure that a Local Transport Authority cannot make a franchise scheme if the passenger benefits can be provided by a quality partnership scheme, an advanced quality partnership scheme or an enhanced partnership scheme.

Amendment 16, page 15, leave out line 36 and insert—

“(3) A franchising authority or authorities shall consider an assessment and shall not proceed with the proposed scheme unless it is satisfied that—”

This amendment and amendments 17 to 23 would tighten the criteria against which an authority must consider a franchise proposal.

Amendment 17, page 15, line 37, leave out “whether”.

This amendment is consequential on amendment 16.

Amendment 18, page 15, line 43, leave out “whether”.

This amendment is consequential on amendment 16.

Amendment 19, page 16, line 1, at beginning insert “they know”.

This amendment is consequential on amendment 16.

Amendment 20, page 16, line 3, leave out “whether”.

This amendment is consequential on amendment 16.

Amendment 21, page 16, line 5, leave out “whether”.

This amendment is consequential on amendment 16.

Amendment 22, page 16, line 7, leave out “the extent to which”.

This amendment is consequential on amendment 16.

Amendment 23, page 16, line 7, leave out “are likely to” and insert “will”.

This amendment is related to amendment 16.

Amendment 15, page 16, line 9, at end insert—

“(g) the specific passenger benefits that would result from a franchise scheme, with an explanation of why those benefits could not be delivered by a quality partnership scheme, an advanced quality partnership scheme or an enhanced partnership scheme.”

This amendment would require a franchise assessment to specify the benefits of the proposed scheme for passengers and to explain why these benefits cannot be delivered by a quality partnership scheme, an advanced quality partnership scheme, or an enhanced partnership scheme.

Amendment 24, page 16, line 9, at end insert—

“(g) whether the proposed scheme would be more efficient, effective and economic than any other option, taking into account any compensation payable to bus operators whose businesses would be wholly or partially expropriated by the scheme.”

This amendment would ensure that the value for money test of a franchise scheme must factor in the cost of compensation to bus operators who lose part or all of their business as a result of a franchise.

Government amendments 2 to 4.

Amendment 25, page 17, line 7, at end insert—

“(3A) A person may not act as an auditor under this section if the person or company for whom the person is employed has been an auditor for the franchising authority at any time in the previous five years or has had any other commercial relationship with the franchising authority at any time in the previous five years.”

This amendment would ensure that any auditor appointed by the franchising authority had no commercial interest or association with the franchising authority which might create, or might be perceived to create, a conflict of interest.

Government amendment 5.

Amendment 6, page 19, line 37, at end insert—

“(4A) An award of any new franchise or contract shall not be made on the basis of labour costs estimated by the potential franchisee or contractor assuming labour costs for new employees at less than the labour cost of workers who are covered by TUPE protections in accordance with section 123X transferring to the new franchisee or contractor.”

This amendment would ensure that any new franchise or contract will not be awarded on the basis of estimated labour costs being lower for new employees than the labour cost of workers covered by TUPE protections.

Amendment 26, page 20, line 24, after “(or further postponed)” insert “or cancelled”.

Amendment 27, page 20, line 24, at end insert—

‘(1A) If an authority or authorities decide to cancel a proposed franchising scheme under subsection (1) they may not initiate a revised or alternative franchising scheme until the end of the period of five years beginning with the date on which the decision to postpone the original scheme was taken.”

This amendment would provide greater certainty for bus operators and passengers by specifying that, if a franchising authority fails to make a case for a franchise scheme or decides not to progress its proposals, it should not be permitted to bring forward fresh proposals for five years.

Amendment 7, page 30, line 2, leave out “at the same time,”.

Amendment 8, page 30, line 14, leave out “at the same time”.

Amendment 9, page 32, line 27, at end insert—

“123Y Employees not covered by TUPE protections

Employees of local bus service providers who are not covered by TUPE protections may not be employed on terms and conditions less favourable than those provided by TUPE.”

This amendment would ensure that employees working under local service contracts not covered by TUPE protections may not be employed on terms and conditions less favourable than those provided by TUPE.

Amendment 10, page 32, line 27, at end insert—

“123Z Effect on employees of introduction of local service contract

(1) Where, either before or after the introduction of a local service contract following an assessment under section 123B, any employee of an operator in the area to which the scheme relates is dismissed, that employee is to be treated for the purposes of Part 10 of the Employment Rights Act 1996 as unfairly dismissed if the sole or principal reason for the dismissal is the introduction of the relevant local service contract.

(2) Paragraph (1) applies whether or not the employee in question was part of an organised grouping of employees principally connected with the provision of local services, under section 123X(4).

(3) Where section 123X(4) applies, a new operator may not engage employees or workers on terms and conditions less favourable than those of the employees whose employment transferred from the former operator.”

This amendment would make dismissal of an employee for the sole or principal reason of the introduction of a franchising scheme automatically unfair dismissal.

Amendment 28, in clause 9, page 41, line 17, at end insert—

“(6A) The requirements that may be specified under subsections (4)(b), (4)(e) and (4)(h) in relation to fares and the prices of multi-operator tickets may only be specified if all operators party to the enhanced partnership scheme are in agreement with those requirements.”

This amendment would specify that fares structures could only be specified as part of an enhanced partnership scheme if the operators involved agree.

Amendment 11, page 57, line 3, leave out “at the same time,”.

Amendment 12, page 57, line 14, leave out “at the same time,”.

Amendment 13, page 59, line 42, at end insert—

“138T Effect on employees of introduction of enhanced partnership scheme or plan

(1) Where, either before or after the coming into force of an awarded contract in an area to which the relevant enhanced partnership scheme relates, any employee of an operator in the area to which the contract relates is dismissed, that employee is to be treated for the purposes of Part 10 of the Employment Rights Act 1996 as unfairly dismissed if the sole or principal reason for the dismissal is the introduction of the awarded contract.

(2) Paragraph (1) applies whether or not the employee in question was part of an organised grouping of employees principally connected with the provision of local services, under section 138S(4).

(3) Where section 138S applies, a new operator may not engage employees or workers on terms and conditions less favourable than those of the employees whose employment transferred from the former operator.”

This amendment would make dismissal of an employee for the sole or principal reason of the award of a contract under an enhanced partnership scheme automatically unfair dismissal.

[Ian Mearns]

I declare an interest inasmuch as I am chair of the RMT parliamentary group and vice-chair of the Unite parliamentary group, both of which unions have members in the bus industry.

The transport sector is a safety-critical environment. This is not a loose use of language. The sector involves carriages travelling at speed, individuals working long hours on repetitive tasks on repetitive routes, and people maintaining equipment at all hours of night and day. Hard lessons have been learned following a series of fatal road and rail crashes in the 1980s and 1990s. However, continuing financial pressures, declining support from Government through the bus service operators grant, and commercially oriented initiatives towards potentially reducing staff could threaten safe working practices.

Bus drivers are aware of where corners are being cut. In theory, they may be empowered to use their employers’ whistleblowing policies to speak out. In practice, however, workers who do so are frequently subject to all sorts of pressure and have been known to be dismissed for whistleblowing. This invariably leads to serious safety failings being increasingly ignored and not adequately investigated, or the results of an investigation not being acted on by bus companies.

To counter the dysfunction, a confidential reporting service known as CIRAS was introduced. This system, initially only for rail, has been successful in enabling workers properly to ventilate their concerns, resulting in lessons being learned and an accumulation of failings being halted, with serious harm prevented. All the major rail companies, many of which also own bus companies, such as FirstGroup, Go-Ahead Group and Stagecoach, have signed up to CIRAS.

I should declare another interest inasmuch as I am a frequent user of my local bus services in Gateshead, as I do not own a car. A very good bus service is provided by Go-Ahead Group in my locality, but unfortunately not all my constituents can benefit from such great services. The bus company tries its best and provides excellent bus services during the peak hours, but as the evening goes on, unfortunately, their frequency dwindles.

Bus workers outside London should also be able to access CIRAS. That would be the effect of the new clause, which would reproduce CIRAS in franchises or quality partnerships. In response to a spate of deaths and serious injuries involving buses on London’s roads, Transport for London successfully extended the CIRAS scheme to London buses. London has one of the best resourced bus networks and some of the newest buses anywhere in the country. CIRAS itself supports the extension of the scheme to bus operators nationwide. In line with other aspects of the Bill—including matters unconnected to franchising and partnerships, such as audio and visual announcements—a nationally mandated approach is warranted and would be greatly desirable.

--- Later in debate ---

[Sir Henry Bellingham]

I was under the impression that authorities had those powers anyway, but the Minister will obviously have heard what the hon. Lady has said. It is up to the Minister to listen to what we have said, and then to make a decision.

I now want to say something about amendment 28. I will be brief, because I have already taken up a fair amount of the House’s time. The amendment would allow fares structures to be specified as part of an enhanced partnership scheme only if all the operators involved agreed. The key issue is the ability of commercial bus operators to set their own fares, which is an important feature of a deregulated market. Of course fares structures are set competitively. In the same way, a commercial enterprise looks at what its competitors are charging, and structures its own charges accordingly. The competition authorities have introduced important safeguards to ensure that bus companies do not collude to stitch up the market and set fares at levels that disadvantage passengers. There are checks and balances, and that is extremely important.

[Ian Mearns]

What the hon. Gentleman is saying seems to suggest that the powers of a local authority, or collection of local authorities, in the areas that he represents would be less than those currently enjoyed by the voters of London when it comes to oversight of the running of an integrated transport system. Why should electors in all the other parts of England have an inferior set of arrangements?

--- Later in debate ---

[Ian Mearns]

I could not agree more with my hon. Friend about the impact on the small bus service providers. When bus services franchising was introduced, I remember visiting Merthyr Tydfil to see Gateshead football club play Merthyr in a Conference fixture, and—lo and behold—there in Merthyr Tydfil were Go-Ahead Gateshead buses being used in a local bus war to destabilise a local small bus company. So in terms of the impact on small and medium-sized bus companies, that particular horse bolted long ago.

[Graham Stringer]

My hon. Friend is right: the deregulation of bus services has not led to greater competition and has not benefited SME companies. They have been literally driven off the roads, because on the odd occasions when there has been on-the-road competition, it has led to congestion and eventually a large monopoly operator taking over. FirstGroup, Stagecoach, Arriva, Go-Ahead and one or two other companies have taken control and have therefore been able to exploit the situation through introducing high bus fares and sometimes withdrawing services for other areas.

--- Later in debate ---

The hon. Member for Gateshead also proposes in new clause 4 to require bus operators to subscribe to a confidential reporting system in order to participate in any bus scheme provided under the Bill. The new clause would require operators to collect and monitor bus casualty data and make them available for publication. I assure the House that I take road safety very seriously. Although the number of pedestrians killed or seriously injured outside London in incidents involving a bus or coach is falling, we cannot be in any way complacent. There have been a number of debates on that matter, both in Committee and in the other place. Although I can agree with the objective of this new clause, it is not appropriate to mandate it in primary legislation.

[Ian Mearns]

Does the Minister accept that injuries can also occur to passengers? As a regular bus user, I have witnessed such injuries on a number of occasions. This is not only about pedestrians and other road users. Bus passengers, often without the vehicle being involved in any sort of collision, can be injured when, for instance, the bus brakes abruptly. Surely the travelling public on buses—the customers of the bus operators—have a right to some Government protection.

[Andrew Jones]

I recognise the hon. Gentleman’s point. There is no doubt that passengers can be injured on a bus. I am also a regular bus user—not that that is particularly relevant—and all of us who travel on buses will have seen such injuries. He makes a reasonable point, but it does not necessarily mean that we need to mandate a reporting system in primary legislation.

Transport for London is the main example of confidential reporting by a bus operator, and it has featured in our debates in Committee. I understand that TfL pays the CIRAS subscription. When the London Underground and rail contract came up for renewal, the CIRAS contract was extended to cover buses at no extra cost to TfL. That prospect is different from mandating that every bus operator subscribes to such a system.

As I mentioned in response to an intervention by my right hon. Friend the Member for Basingstoke (Mrs Miller), there are 30 rail companies and 1,000-plus bus companies in this country. We also need to consider the evidence. I have not been made aware of any robust evidence to suggest that arrangements introduced in London have had a significant impact on safety. If a franchising authority wishes to stipulate a system such as CIRAS as part of its conditions of contract, it is of course free to do so—that is what TfL has done here in London. Authorities that negotiate partnerships could also include bus safety measures as part of such an arrangement, so I will explore through guidance how we could encourage operators and local transport authorities to consider the benefits of an independent confidential reporting system, but we will probably limit that only to a franchising or partnership scheme to start with.

I hope that, in the light of my comments, the hon. Member for Gateshead will feel able not to press amendments 6 to 13 and new clause 4.

I have been speaking for far too long, Mr Deputy Speaker. I am sure that you and Members on both sides of the House will be pleased to hear that I am coming to the end of my remarks.

Amendment 28, tabled by my hon. Friend the Member for North West Norfolk, addresses decision making in enhanced partnership schemes. It would prevent requirements on how tickets are purchased or fares paid, on how fares or ticketing arrangements are publicised and on the price of multi-operator tickets from being specified in such a scheme unless all parties agree. Ticketing is a key element of the Bill’s partnership proposals, and one of the key principles of the enhanced partnership regime is that it does not require consensus by all operators.

Instead, affected operators may object to the enhanced partnership proposals at key points in the process, and the authority cannot proceed with its proposals if more than a sufficient number of operators object. Details of what amounts to that sufficient number will be set out in the draft regulations, on which we have recently finished consulting.

Leaving aside the objection mechanism, there are further safeguards to ensure that individual operators are treated fairly when ticketing requirements are included in an enhanced partnership scheme. A key safeguard is the ability for any proposals relating to ticketing, or any other element of an enhanced partnership scheme, to be subject to scrutiny by the Competition and Markets Authority, which will be a statutory consultee on the proposals. Our draft guidance on enhanced partnerships also makes it clear that all documents should include a section on competition, and it provides clear advice on how individual operators can raise concerns with the CMA at any point during the development or implementation of a scheme.

Perhaps most importantly, I can reassure my hon. Friend that an authority making a scheme has to be satisfied that any restrictions on competition introduced by an enhanced partnership, such as setting the price of a multi-operator ticket, are balanced by the benefit to passengers. The effect on small and medium-sized bus operators should also be taken into account as part of that process, and we have built protection for small and medium-sized operators into the Bill by requiring them to be considered, whichever regulatory model is chosen locally.

I make it clear that the provisions are about fairness, and not about protecting the commercial interests of operators. Bus operators may well prefer their passengers to buy a ticket for use only on their buses, rather than one that can be used on any bus service. That is of course in a bus operator’s commercial interest, but it might not necessarily be in the interest of a bus passenger.

If my hon. Friend’s amendment were to be accepted, only one operator would need to put its commercial interests first to block an improvement to ticketing for passengers that might grow the entire market in its area. Overall, the safeguards I have outlined are enough to ensure that proposals relating to ticketing are fair and reasonable to bus operators while delivering improvements that benefit passengers. I hope he finds my explanation reassuring and will therefore not press his amendment.

I believe the Bill already has decision making right and is in the right place to get the best outcome for passengers. In doing so, it will deliver on our devolution commitments, and I trust the House will agree.

[Ian Mearns]

I would like to think that the Minister will provide within the guidance to the Bill, once it is enacted, a reference to the Confidential Incident Reporting and Analysis System as best practice in the industry. Notwithstanding that, I do not seek to press the new clause or amendments 6 to 13. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.



Clause 4

Franchising schemes

Amendments made: 2, page 16, line 38, after “an” insert “independent”.

This amendment and amendment 4 make plain the status of the persons who may audit an assessment under section 123B produced by a franchising authority or authorities.

Amendment 3, page 17, line 2, at end insert—

“( ) The Secretary of State must issue guidance as to the matters to be taken into account by a franchising authority when selecting a person to act as an auditor.

( ) Franchising authorities must have regard to any such guidance.

( ) The Secretary of State must issue guidance concerning the matters to be taken into account by an auditor when forming an opinion as to whether the information relied on, and the analysis of that information, by an authority is of sufficient quality for the purposes of subsection (2).

( ) Auditors must have regard to any such guidance.”

This amendment imposes duties on the Secretary of State to issue guidance on the matters to be taken into account by a franchising authority when selecting a person to act as an auditor and to issue guidance on whether the information relied on, and the analysis of that information, by an authority is of sufficient quality. It also imposes duties on franchising authorities and auditors to have regard to any such guidance.

Amendment 4, page 17, leave out line 3 and insert

“For the purposes of this section an auditor is independent, in relation to an assessment of a proposed franchising scheme, if the person would not”.

See explanatory statement for amendment 2.

Amendment 5, page 17, line 8, leave out from “person” to end of line 9 and insert

“eligible for appointment as a local auditor by virtue of Chapter 2 of”.—(Andrew Jones.)

This amendment alters the definition of “auditor” so that it means an individual or firm eligible for appointment as a local auditor by virtue of Chapter 2 of Part 42 of the Companies Act 2006 as modified by the Local Audit and Accountability Act 2014.

Clause 22

Bus companies: limitation of powers of authorities in England

[Daniel Zeichner]

I beg to move amendment 1,  page 78, line 4, leave out clause 22.

This amendment would remove Clause 22.

Amendment 1, which appears in my name and those of my hon. Friends the Members for Middlesbrough (Andy McDonald), for Birmingham, Northfield (Richard Burden) and for North West Durham (Pat Glass), would remove the clause that bans county and district councils in England, combined and integrated authorities in England and passenger transport executives in England from setting up companies to provide local services. In short, we seek to overturn the Government’s ban on municipal bus companies.

This clause is a piece of ideological dogma that has no place in an otherwise agreeable piece of legislation. We visited this issue in Committee and I fear that the Government are not minded to budge, but I and many others found the Government’s arguments there extremely unconvincing. In Committee, the Minister said:

“Our view is that passengers will see the most benefit where the commissioning and provision of bus services are kept separate…as such we do not think authorities should be able to set up new bus companies.”––[Official Report, Bus Services Public Bill Committee, 14 March 2017; c. 57.]

The Opposition also want passengers to see benefits; we simply do not agree that municipal bus companies cannot be a part of achieving those benefits.

The latest annual Transport Focus bus passenger survey, which was published just last week, demonstrates once again that municipal bus companies provide some of the best services in the country. Nottingham City Transport and Reading Buses—municipal bus companies —had higher overall satisfaction results than the big five private national bus operators. The Government’s attempted ban on new municipals therefore flies in the face of all the evidence.

The ban also flies in the face of the Government’s purported commitment to the spirit of localism and devolution, which they claim the Bill encapsulates. Although they say that the Bill will provide local authorities with a range of options and tools, and that local authorities are best placed to make a decision about how local bus services are organised and run, they are imposing an arbitrary ban on one of those options—and not just any option, but one that has been shown to work very well for passengers.

Of course, many of us suspect that the clause is about pacifying some private bus operators, which the Minister once said

“are already on a journey here”.

Without wishing to rehash every fine point from the Committee, we do not see municipalisation and competition as necessarily antithetical. In fact, it is the Government who are undermining their long-held admiration for competition by imposing barriers to the market to stop municipal bus companies competing with private bus companies. Are the Government really afraid that local authority-run bus companies might just be better? The Competition Commission has reported that it has seen no evidence that municipal operators distort competition in the bus market.

[Ian Mearns]

Ministers have short memories about how an awful lot of the big bus franchise companies came about in the first place. Some of them were based on old municipal bus companies, which were sold off at a pittance with their entire estates of bus depots, bus parks and vehicles, only to be floated on the market a matter of months later for 10, 15 or 20 times the price at which they were bought in the first place.

--- Later in debate ---

[Andrew Jones]

This amendment, tabled by the hon. Members for Cambridge (Daniel Zeichner) and for Middlesbrough (Andy McDonald), proposes to remove clause 22. We debated this at length in Committee and I wish to reiterate that the several existing municipal bus companies, including Nottingham City Transport and Blackpool Transport, which serves the area of the rail Minister—my hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard)—deliver a high standard of service, and I will expect that to continue. Their ability to provide that is not affected in any way by this clause. The franchising and enhanced partnership tools in the Bill will provide authorities with more influence over bus services than they have now, and striking that right balance between local authority influence and the role that the private sector bus operator can play is important. Our view is that passengers will see the most benefit where the commissioning and provision of bus services is kept separate. As such, we do not think that authorities should be able to set up new bus companies.

We have seen encouraging innovations from the private sector—although not exclusively within that sector—such as the introduction of smartcards, the installation of wi-fi and increased accessibility in our bus network. Those improvements have all been delivered through private sector investment and they show overall that the industry is always innovating and delivering a good deal for its passengers.

[Ian Mearns]

The Minister will be aware that over the past six and a half years local authorities up and down the country have seen significant and ongoing reductions in their revenue support grant. Ministers from the Department for Communities and Local Government have always been encouraging local authorities to be entrepreneurial and enterprising, and to go out there and earn money to backfill where the RSG once existed. By this measure, the Minister is precluding local authorities from doing just that.

[Andrew Jones]

I recognise what the hon. Gentleman says, but it is also fair to say that no local authority has either set up a municipal bus company or approached me with a view to doing so. Therefore, this is in some ways a slightly notional or theoretical debate—[Interruption.] Making sure we get clarity is the entire point here.

This Bill seeks a balance between local authority influence—we are providing local authorities with a variety of tools to address local issues—and the role that private sector bus operators can play, in order to ensure that both are incentivised to deliver the very best services for passengers. This Bill is about local authorities and commercial bus operators working together to improve local bus services. It is about co-operation, all designed to improve the benefits for bus passengers. I hope that this has made the Government’s position clear and that the hon. Member for Cambridge will not press this amendment to a vote.

--- Later in debate ---

[Andy Burnham]

Bus services are the mainstay of the public transport system, yet, historically, the House has given them comparatively little attention, and I am pleased that the Bill begins to correct that.

I congratulate the Secretary of State, the Minister and, indeed, the Government on the way they have stuck to the terms of the devolution deal and delivered a Bill that will bring real benefits to the travelling public in Greater Manchester and beyond. I also congratulate those on the Labour Front Bench on the constructive way in which they have engaged in this debate.

It is also appropriate to congratulate council leaders in Greater Manchester. The Bill was a clear demand of Labour leaders in Greater Manchester as part of the devolution deal struck with the former Chancellor of the Exchequer, so it is, in effect, as I think the right hon. Member for Chipping Barnet (Mrs Villiers) was hinting a moment ago, a Labour Bill and, I am proud to say, a Greater Manchester Bill. In that sense, the Opposition take great pride in it clearing its Third Reading tonight.

[Ian Mearns]

My right hon. Friend is making a very interesting speech, but he should not put bad ideas into the Government’s mind—they might change their mind and vote against the Bill.

[Andy Burnham]

Well, I will call it a partnership Bill, if that makes my hon. Friend feel a bit more at ease. It is certainly a rare example of common sense breaking out on both sides of the House.

I want to pay particular tribute to my hon. Friend the Member for Liverpool, Riverside (Mrs Ellman). As she said a moment ago, she has consistently spoken of the damaging effects of bus deregulation—the free-for-all, the decline in the quality of services and the increase in fares. She has been consistent, and she is vindicated tonight as the Bill finally goes through the House. So, too, is my hon. Friend the Member for Blackley and Broughton (Graham Stringer), who made the same argument throughout the years, including under the Labour Government, and who has waited a long time to see this Bill come to pass.

To be successful in the new role that I seek, I will seek to use the powers in the Bill for the benefit of the travelling public in Greater Manchester. For 32 years, we have had a bus service that has been run for private vested interests rather than in the public interest. Only last week, a whole new series of service alterations were announced that will decrease the quality and coverage of services across Greater Manchester, with no real ability for communities to challenge those decisions. Well, that way of running bus services is coming to an end.

--- Later in debate ---

[Ian Mearns]

Will my right hon. Friend muse for a moment on why companies are making twice as much profit on routes that they operate in places like Tyne and Wear and Greater Manchester than on routes that they operate in London? They are the same companies, but the operating profit on the routes that they run in those two places is twice as much as it is in London.

[Andy Burnham]

It is simple, is it not? We have, in effect, an unregulated system, and because of that companies are able to increase fares outside London faster than they have been increasing in London. That is how they make those profits. There are good bus operators out there, and I would not want to punish them. I have a smaller operator, Jim Stones Coaches, in my constituency —a brilliant bus operator. We would want those good operators to be part of the new regime. It is time to call time on the profiteering off the backs of the travelling public in places like Greater Manchester.

The decline in quality and the rise in the cost of bus travel in places like Greater Manchester has, over the 32 years since buses were deregulated, put more and more cars on the roads, to the point where conurbations like Greater Manchester are becoming increasingly congested. As I said earlier, it is cheaper for young people in some parts of Greater Manchester to get a taxi than to use a bus service. That cannot possibly make sense. It tells us that something is seriously wrong with the way that the system is operating. I say to the right hon. Member for Chipping Barnet that the people of Greater Manchester deserve a bus system as good as London’s, if not better. That is what, using this Bill, we will now seek to deliver.

Question put and agreed to.

Bill accordingly read the Third time and passed, with amendments.

Tyne Marine Office

Ian Mearns Excerpts

Monday 27th March 2017 Commons Chamber

[Ian Mearns (Gateshead) (Lab)]

I will not detain the House for long, but I want to put on record the fact that I agree with every word that my hon. Friend the Member for South Shields (Mrs Lewell-Buck) has just said. The UK maritime workforce continues to diminish, and important skills are being lost to the industry. We must never forget that we are a maritime nation. We seek to increase our trade significantly beyond the confines of the European Union, but we are reducing our protective infrastructure for looking after the interests of UK-based seafarers in a growing international market.

The offshore oil and gas industry along the North sea coast has been in the doldrums, and many ships and vessels are tied up in ports along the north-east. Yet we are losing our regulatory capacity to make sure that the people who work on those vessels are the right people and of the right nationality, and that they have the requisite skills and work permits to do so. I find it beyond belief that the Government are taking the measures that my hon. Friend has talked about in this important Adjournment debate. We need to reverse this retrograde step for an industry that needs the Government to act on its behalf rather than abandoning it.

Regional Airports

Ian Mearns Excerpts

Tuesday 2nd February 2016 Westminster Hall

[Catherine McKinnell]

I thank my right hon Friend, who makes my argument for me. Hon. Members will remember the Chancellor’s claim in 2011 of a march of the makers, which he has since forgotten, and his more recent talk of a northern powerhouse. How does he expect the makers to march or the north to become a powerhouse if they cannot export or do business with the rest of the world? That is what is at risk thanks to the Government’s dither and delay.

[Ian Mearns (Gateshead) (Lab)]

It is fantastic that my hon. Friend has this debate this morning. The problem with provincial airport capacity using Heathrow as a hub is that we unfortunately rely on flights in and out of Heathrow and those are the very flights that will be squeezed due to the lack of capacity at Heathrow. When they are in competition with increased demand from overseas flights, those provincial flights, which are important for the regional economies, will lose out.

[Catherine McKinnell]

My hon. Friend excellently makes my argument for me. I want to talk about the most important decision on the desk of the Secretary of State for Transport at the moment: airport capacity and expansion. Having pledged to cancel the Labour Government’s plans for a third runway at Heathrow, the coalition Government set up the independent Airports Commission in 2012, chaired by Sir Howard Davies, to assess and to report on long-term aviation capacity options by summer 2015. The commission did exactly what it was asked. Having considered a plethora of options, it decided in its interim report in 2013 to narrow these down to just three, all of which were in the south-east. In July 2015, it produced a thorough and comprehensive report assessing each of these in turn.

[Catherine McKinnell]

Indeed. The commission looked at that issue and its decision was unequivocal: a third runway at Heathrow presents the clearest case and the greatest strategic and economic benefits to the UK. That view was shared unanimously by its members. For the benefit of hon. Members, it is worth revisiting what some of those benefits are.

The commission estimates that by 2050, GDP would be boosted by £129 billion; 78,000 new jobs would be created; productivity would be boosted by £69 billion; and 12 new long-haul routes would be available to UK passengers with 16 million extra long-haul seats. Those benefits far outweigh those that would be provided by an expanded Gatwick. Perhaps most important, the commission said that an expanded Heathrow would

“provide a stimulus to economic growth throughout the UK.”

It estimates that £70 billion to £80 billion of economic benefits would spread across the regions of the UK by 2050.

I recognise the many concerns, both local and national, about an expanded Heathrow, particularly local air quality, noise and other community impacts, not to mention whether an expanded Heathrow is even possible in line with our climate change commitments. The Airports Commission also recognised those challenges and set out a package of measures to meet them. Let us remember that the commission did not simply give an unlimited green light to expanding Heathrow. It recommended that any new runway must be accompanied by a ban on night flights, which is possible only with expansion anyway; a legally binding noise envelope so that noise levels do not exceed current limits; a new aviation noise levy on airport users to fund a mitigation package for local residents; a £1 billion commitment from Heathrow for community compensation; a legal commitment that expansion will happen only if it does not delay local surrounding areas complying with EU limits on air quality; and compensation for homes lost at full market value plus 25% available immediately. That would provide the framework within which to approach the challenges posed by an enlarged Heathrow.

Why is airport expansion in the south-east so important to other regions such as the north-east? The trend in recent years has been towards a hub-and-spoke model of aviation, whereby airlines have routed all operations through a hub airport and joined with other airlines, creating alliances, to provide customers with hundreds of destinations, all accessible through a single hub. We can look all over the world and see that the hub-and-spoke model is key, from the likes of Schiphol, Charles de Gaulle and Frankfurt in Europe to the rise of the increasingly dominant middle eastern hubs in Dubai, Qatar and Abu Dhabi, not to mention the well-established far eastern hubs such as Singapore and Hong Kong. Of course, Heathrow stands alongside those, accounting for 70% of the UK’s scheduled long-haul flights and serving 75 unique destinations.

That is not to say that long-haul routes are neither valuable nor viable from regional airports. As I mentioned, the daily Emirates service from Newcastle to Dubai has been transformational, facilitating millions of pounds in exports from the north-east to the middle east, but it has been so successful because it is operating to another hub airport, from which those goods and passengers can travel on, throughout the middle east, to Australasia and beyond. I hope that we will see more of those links developing in the future. Regional airports play a significant role in providing their own direct connections worldwide, in conjunction with connections through a hub such as Heathrow.

[Ian Mearns]

My hon. Friend is making an excellent point about the fact that the delay in relation to Heathrow could cost the UK economy significant amounts of money. If I am flying from Newcastle, I do not mind which hub I use, as long as I can get where I want to go, so if Heathrow is not developed and the capacity is not there for inbound flights from Newcastle in order for me to change to an international flight, I will happily use Schiphol, Brussels, Paris or even Dublin if I am going to the United States of America. Therefore, it is vital for all the UK’s provincial airports that that capacity is provided as soon as possible.

[Catherine McKinnell]

My hon. Friend makes a very important point, but we must always look at this in both directions. It is not about where we would be happy to go via if we want to go somewhere, but where people are happy to come via if they want to come and do business where we are. That is increasingly important.

--- Later in debate ---

[Ian Mearns]

I am grateful to my hon. Friend for giving way again; she is making a very powerful speech. The situation is similar for those of us in the north-east, with our regional airport at Newcastle. It is 104 miles from Newcastle airport to Edinburgh. If the Scottish Government were to reduce APD by half or possibly do away with it altogether—there would be a real economic disbenefit for Newcastle airport. However, we are already suffering a major disbenefit because people travelling from provincial airports into a hub such as Heathrow get charged APD twice. There is a charge at Heathrow for being inbound and there is a charge from Newcastle for being outbound, so people are charged twice for flying between a provincial airport and a hub such as Heathrow.

[Catherine McKinnell]

My hon. Friend makes a very important point, and I can see that the Minister is interested. He should give some consideration to the impact that that practice has on domestic passengers and regional economies.

--- Later in debate ---

[Ian Paisley (North Antrim) (DUP)]

It is an honour to serve under your chairmanship, Ms Vaz.

This has been a very agreeable debate. I do not think I have ever attended a debate in which I have agreed with absolutely everything that has been said by every Member—with the exception of the hon. Member for Gateshead (Ian Mearns), who does not care if he flies from Dublin. I think that Northern Ireland Members can say, with unity for once, that in future we want him to fly from everywhere but Dublin. We will encourage him to do so and get him a timetable to make sure that that happens.

I watched the Minister of State’s reaction to the debate and I noticed that he agreed with a number of points. That is probably because he hails from and represents Scarborough, so he knows the needs of people who come from the north. Of course, whenever he comes to Northern Ireland he does not have to fly north; he just flies west to visit Northern Ireland. So I think he gets this issue, which is important. Members recognise that there is a very distinctive north-south divide here and we must address it very quickly.

A lot of this debate has focused on airport passenger duty, and I agree that it is important. I described it earlier as a pernicious, dirty and nasty little tax, and it is a tax on competitiveness, so it has to go. Frankly, however, it is not up to Scotland or Northern Ireland to do their own side deals on this issue. Addressing APD is an issue that the Chancellor must grasp and deal with centrally. He must recognise that if he does not grasp the issue, unfairness will be created across vast parts of the United Kingdom, which will probably disadvantage the north of England more than anywhere else; other parts of the UK will also be disadvantaged.

What has been absent is a proper aviation strategy that pulls together the tourism need, the business need, the capacity need and all those types of issues. When the Minister looks at this proposal, I am sure that he will bring to the debate a recognition that we need a proper aviation strategy that addresses the needs of other airports in Northern Ireland.

There has been an awful lot of discussion—not just in Parliament but outside it—about sorting out the Gatwick versus Heathrow debate. Yes, that debate needs to be sorted out, and expeditiously, but we also need to address the capacity at London City Airport very quickly.

[Ian Mearns]

I agree that we need an aviation strategy, but we also need a much more integrated transport strategy. As my hon. Friend the Member for Wythenshawe and Sale East (Mike Kane) pointed out about the expansion of Manchester airport, the problem for the north-east of England is that it takes more than two hours by rail to get to Manchester. The connectivity is simply shocking, and I honestly assure the hon. Gentleman that if I was going to Dublin, I would not start from here.

[Ian Paisley]

The hon. Gentleman is absolutely right about the importance of ensuring that such a strategy also includes other transport. For example, my colleague the hon. Member for Belfast East (Gavin Robinson) has a railway that goes almost to the airport. I have a motorway that gets almost to the airport at South Antrim. We need that entire process joined up, so that passengers, commuters, businesspeople and tourists coming in and out of the airport have an easier time of it getting to and from the airport.

In that strategy, we should also ensure that Gatwick, Heathrow and the other centralised airports have slots for the regional airplanes to reach them. That is important, as it will address the issue of ensuring that the C series, whenever it comes on stream, will be available for the other airports, as well as the Airbus equivalent.

Finally, I will point out that when Holland had APD its airports were devastated by competition from its neighbours in Germany. The Dutch scrapped APD and we need to learn the lesson of history.

Transport for London Bill [Lords]: Revival

Ian Mearns Excerpts

Monday 16th November 2015 Commons Chamber

[Claire Perry]

I did not see that report—[Interruption.] Well, I do not read the Standard every day; I apologise. The hon. Lady says that in some stations in central London people are queueing for up to an hour to buy a ticket because they do not have an Oyster card or a contactless card. I find that absolutely astonishing. Frankly, I might have to question the veracity of the reporting.

[Ian Mearns (Gateshead) (Lab)]

Will the Minister give way?

[Claire Perry]

May I just finish what I am saying? I will be delighted to hear more speeches after that.

Taking into account the fact that the Bill will deliver real savings and efficiency for council tax payers and fare payers, that it will allow TFL to do what it was set up to do—namely, to take responsibility for the world’s greatest transport system—and that with the Bill we are effectively supporting the role of the devolved Mayor and the crucial scrutiny role of the London Assembly, I can only think that anyone who votes against us tonight does not believe in devolved mayoral accountability, does not have confidence in the scrutiny role that the London Assembly plays and does not give a stuff about their constituents, who will benefit from lower fares and the opportunity to get on the housing ladder through the housing development that the Bill could provide.

--- Later in debate ---

[Ian Lavery]

That is interesting. It shows that Labour Members are open to the potential development of land, as long as assurances are given by Transport for London that guarantee the split of the asset. I am not sure whether I would accept such guarantees, but it is important that people recognise that if guarantees were given, there would be room at the table for much more consultation and discussion.

[Ian Mearns]

A question has to be posed if there is no guarantee from Transport for London. There is no doubt that London has a housing crisis, particularly in the affordable housing sector. If not Transport for London with its property portfolio, who will provide the land for the much needed affordable housing that must be provided for the workers of London?

[Ian Lavery]

That raises a whole new question that has not been discussed by anyone on either side of the House. It is a valid question that needs answers.

--- Later in debate ---

[Rachael Maskell]

I have grasped the point of my hon. Friend’s intervention. House prices have escalated out of control since the Bill was originated. The reality is that we are dealing with a different situation and a different world from when the Bill was put together. I therefore believe that we should not proceed with the motion today, but call a halt and go back to the drawing board to address the real problems we have heard so much about.

I want to touch on some of the issues that have not been addressed today about the consequences of the Bill. The reality is that there will be so many unintended consequences. I asked questions earlier, which were not answered, about the financial modelling and the financial risks that may arise.

[Ian Mearns]

It is not just about consequences, but about responsibility. In the context of London, particularly when it has land assets to dispose of, Transport for London has a social responsibility to make sure that the land at its disposal can be used to help to rebalance the housing market and give Londoners a chance to live in London.

[Rachael Maskell]

My hon. Friend is absolutely right that responsibility has to be at the core not just of this Bill, but of government. I have the same concerns as my hon. Friend. The Bill is full of risk, and we have heard about many of those risks today.

Tyne and Wear Metro

Ian Mearns Excerpts

Wednesday 1st July 2015 Westminster Hall

[Mrs Lewell-Buck]

My hon. Friend makes an excellent point, which I will come to later. When the investment is there and our Metro is working properly, it is brilliant and it serves our area well. At the moment, however, the lack of investment really shows, and it has an impact on all our constituents.

[Ian Mearns (Gateshead) (Lab)]

I congratulate my hon. Friend on securing this timely debate. No doubt the Minister, in responding to the debate, will point to the current significant investment programme in the Metro, but that investment is in infrastructure, ticketing and barriers, not in the rail cars, which are the most vital component. They are 40 years old and deeply in need of replacement to alleviate problems such as the regular electricity fires on the service.

[Mrs Lewell-Buck]

That is a point that I will make later in my speech. The Metro cars are grossly outdated, and they cause the bulk of the delays in the system. The constituent I mentioned is not the only person who feels that they have to organise their family’s life around the unreliable service. One young man wrote to me to say that he actively avoided taking the Metro to college, even though it was theoretically the most convenient route, because he simply could not rely on the service. He said that some days he found it easier to stay with his grandparents in another area, because they live closer to his college, rather than relying on the Metro to get him to class on time.

We need to think about the economic impact of an unreliable service. A single person being half an hour late for work may have a relatively small impact, but we should remember that when a fault occurs during peak time, hundreds of journeys are disrupted. Metro figures show that more than 50,000 minutes of delays occurred last year, which is more than 800 hours. That is a lot of working time wasted. When companies look for a place to locate their business, one of the top items on their checklist is the transport infrastructure. They want to know that there is a reliable transport network that will allow them to attract employees from as wide an area as possible. If we want our regional economy to do well, we need a transport system that is up to the job.

It is clear that the Metro is simply not coping at the moment, and most of the problems that commuters experience come from the fact that the network’s trains and infrastructure are on their last legs. The Metro is long overdue for an upgrade, and trains that were expected to retire from service in 2010 have been patched up and are now expected to carry passengers until 2025. Commuters and my hon. Friends know that that is not a real solution. Our oldest train cars have been in service for 40 years, and no amount of refurbishment or repair can disguise the fact that they are falling apart. Our fleet has been refurbished at a cost of £30 million, but that does not appear to have helped things. Power failures and door failures, which are the two biggest culprits in delays, are happening more frequently than they did only a year ago. The number of power failures has increased by 49% and the number of door failures by 29%. The number of passenger complaints is on the rise, and of 502 complaints reported in April, more than 300 related to train performance.

The trains are not the only problem for our passengers. Brand new ticket machines and barriers malfunction far too often, and the departure boards on station platforms often display incorrect information. That can be particularly irritating for my constituents because South Shields is at the end of the Metro line, so boards that display incorrect destinations can mislead passengers. Support for passengers whose trains are delayed is not good enough, and passengers whose journeys are disrupted are given little time to find alternative routes to their destinations. The “Sort out the Metro” group believes that as many as half of the disruptions are not reported on social media, which means that passengers who rely on such sources of information are left in the dark about delays.

[Mrs Lewell-Buck]

I do not think that that is an acceptable amount at all. In fact, I think it is an insult to the people of the north-east that so little is spent on us per head, when it comes to transport.

Some of the problems are a matter for Metro’s management, and I have taken them up with Nexus and the North East combined authority. Nexus has, to its credit, made some changes to improve customer service, and earlier this month it announced £40 million of investment, which will include a new rail traffic management system. The North East combined authority has also taken the issue up, and it is clear that there is a willingness locally to improve the service. Fines have been imposed on the operator, DB Regio Tyne and Wear. It is important that the operator is continually held to account for poor service.

Many of the problems also stem from a lack of investment, so the Government have to answer questions. More than half of the problems result from mechanical failures, and it is an unavoidable fact that our trains are far too old and need to be replaced. They should have been replaced years ago, but now it looks as if passengers will be waiting another decade before that happens. Instead, tens of millions of pounds have been spent on trying to patch up the existing rolling stock—money that would have been better spent on a more permanent solution. In 2010, the previous Labour Government made an important commitment to invest nearly £400 million in our Metro. The incoming coalition considered scrapping that commitment, and our local authorities fought tooth and nail to protect it. The investment was essential, not least because the Metro continues, despite all the faults, to have growing passenger numbers each year. Last year, passenger growth was the fastest outside London.

If the Metro is to meet demand, it needs clarity about its future funding. Nexus is waiting for confirmation on £46 million of funding for the Metro service from 2016 onwards. Can the Minister give us any further information about the status of that funding? It is important that the money be smartly invested. Recent projects have shown that well targeted upgrades can have an impact. New technology for cleaning rails has reduced the number of incidents resulting from low rail adhesion. The announcement that the new traffic management system will be in place sooner than originally planned is also welcome news. However, as long as the issue of our trains goes unresolved, we will not see the dramatic service improvements that our passengers expect.

[Ian Mearns]

My hon. Friend makes an excellent point about the Metro system. In case the Minister thinks this is just a number of north-east MPs complaining about historical issues, I checked the Twitter feed before I came to this debate. Today we have had:

“No trains South Gosforth - Monkseaton due to signalling problems.”

Another Twitter message stated:

“Most Metro ticket machines are back up and running.”

That implies that the ticket machines had not been up and running. A third message said:

“Disruption cleared at 12:25.”

Another message said that a train had been withdrawn from stations between St James and South Gosforth. These ongoing problems occur daily.

[Mrs Lewell-Buck]

I thank my observant hon. Friend. He is, of course, correct. Since I started this campaign and made it public that I had secured this debate, my office has received an influx of complaints from across our region about the poor performance of the Metro.

Our local councils and Nexus have shown a willingness to invest in our local transport. There is clearly local demand, but we need a similar commitment from central Government. Today I want to hear what plans the Minister has to support the purchase of new rolling stock for the Metro as quickly as possible. In a written answer to my hon. Friend the Member for Houghton and Sunderland South (Bridget Phillipson), the Department for Transport said that it has

“engaged in preliminary discussions…for the replacement of rolling stock”.

Can the Minister give us any more detail about those discussions? Bearing in mind the concerns that have been raised, will he look favourably on a request for funding for new Metro cars?

This debate is a chance for the Government to demonstrate that they are truly committed to investing in the north-east, and to delivering their promises to our region. Many of my constituents remain cynical about the Chancellor’s sudden conversion to the cause of investing in northern cities just a few months before the last general election. It is notable that a number of the transport infrastructure projects announced for our region in the pre-election Budget were in fact re-announcements, not new money. In any case, it remains unclear where the north-east fits into his northern powerhouse, if it fits at all.

As my hon. Friend the Member for Washington and Sunderland West (Mrs Hodgson) has said, it remains the case that the Government spend £5,426 a year on transport for every person living in London, but for the north-east they spend just £223 per head a year. If the Government are serious about rebalancing the economy, investing in new trains for our Metro would be a good start.