Transport for London Bill [HL]

Lord Ahmad of Wimbledon Excerpts

Monday 8th February 2016 Grand Committee

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

My Lords, first, I join other noble Lords in congratulating the noble Lord, Lord Dubs, on securing this important debate. I have listened with interest to the contributions that have been made by noble Lords.

As we have already heard, the Bill will enable Transport for London to use financial practices and mechanisms which will allow it to release greater value from its assets and financing arrangements.

Before I come to that, the noble Lord, Lord Dubs, and others raised the issue of the time it has taken for the Bill to reach this stage. It is not often during my five years or so in your Lordships’ House that I have taken up a Bill which was commenced prior to my joining, but this is one such.

If we look into the history of the Bill for the record, it is appropriate to note that it was read for the first time in the House of Lords on 24 January 2011, and received its Second Reading on 13 December 2011, when it was debated. As noble Lords may recall, the Bill was petitioned against by the West London Line Group. This petition was withdrawn when TfL agreed to delete a clause, and an Unopposed Bill Committee took place on 28 January 2014. The Bill was then read for a third time on 4 March 2014, and transferred to the House of Commons, where it had its First Reading that day. The Bill’s Second Reading took place on 9 September 2014, and the Opposed Bill Committee eventually took place on 13 January 2015. However, the Bill was blocked when it came up for consideration on 12 February 2015; that necessitated a debate, which was held on 16 March 2015. Time then ran out to debate all the amendments tabled by opposition MPs, which included the honourable John McDonnell and the right honourable Jeremy Corbyn.

We are back, however, in this Committee today to debate the use of financial practices and mechanisms which will allow TfL to release greater value from assets for financing. This is a principle that I welcome, especially given the Government’s continuing commitment to finding significant efficiencies in public spending, in the interests of both the taxpayer and the travelling public.

The noble Lord, Lord Dubs, raised the issue of the settlement. As the Minister responsible for London at the Department for Transport, I am acutely aware of the challenging budget discussions that we have had with Transport for London, but they have been held in a very co-operative climate, including those meetings we have held with the Mayor of London.

For information, as noble Lords may well be aware, TfL will receive about £11 billion of government support for the next control period, which runs from 2015-16 to 2020-21. This is a good settlement for London, and will enable TfL to continue to deliver the biggest ever investment across London’s roads and streets. TfL has confirmed that the settlement will ensure that it can continue the modernisation of the capital’s networks across transport, support thousands of jobs and the creation of new homes and promote economic growth across the UK.

I concur with noble Lords that London is an important city—indeed, it is the capital city of our great country—and therefore requires support and investment. The Government have underlined their commitment. I continue with other colleagues to work very closely with TfL to ensure the delivery of the infrastructure required so that London not only sustains its position on the global stage but strengthens it.

I understand from TfL that the Bill could realise in excess of £50 million in immediate benefits by improving its hedging power, enabling it to borrow money in a more cost-effective way and allowing it to make the most of its assets.

The department supports TfL’s commercial programme, and we want it to maximise its unique commercial position to ensure its assets are generating revenues to their greatest potential. We believe absolutely that giving TfL greater financial flexibility will provide it with the opportunity to run its business in a more efficient way.

I know that we will be hearing from the noble Baroness, Lady Grey-Thompson, shortly on some of the matters relating to revised amendments to the Bill but, in principle, for all of the reasons I have given, the Government continue to support this Bill and hope that, after the long delays it has suffered in its passage through Parliament, it can soon be enacted.

--- Later in debate ---

[Lord Dubs]

My Lords, I am extremely grateful to all noble Lords who took part in this debate. I repeat my thanks to all those who provided me with help in preparing for the debate today. I also thank my friend in the House of Commons, Andy Slaughter MP, who was very useful in giving me helpful advice in preparing for today’s discussions.

One or two things puzzle me a little. I have heard words such as “hedging power”. I am not an expert in finance, and am grateful to the noble Baroness, Lady Grey-Thompson, for the detailed exposition she gave us, but I do not know what hedging powers are, frankly. I do not have a clue what that means. I am suspicious of it, as it seems to be some sort of financial services device.

[Lord Ahmad of Wimbledon]

I am a former financial services professional. In essence, it is about mitigation of risk—lowering risks and ensuring that you can use the markets to minimise your risks in any investment decisions taken.

[Lord Dubs]

I am most grateful. I have learned something that is going to stand me in good stead in the future. In giving the TfL position, the noble Baroness said that revenue had been cut faster than anticipated. That is really the clue. Transport for London has taken a bigger hit in its finances that it had expected. We all want more housing in London but we also want housing that people can afford, not in the Government’s definition of affordable housing but in the common-sense definition: housing that ordinary people can manage to buy or afford to rent. The temptation in a debate like this is to range widely over housing policy. Clearly that is a temptation I have to resist because it would not be proper to do so. However, the temptation is very strong indeed.

I hope that when the Bill is revised and goes to the Commons, the Commons will have another good look at it and deal with some of the other concerns that have been alluded to. I also hope that TfL will reflect on the concerns expressed in both Houses of Parliament about the possible danger in its proposals of reducing the possibility of developing social housing for ordinary Londoners. That is the real risk. I hope Transport for London will take that on board. Of course, it is in difficulty. It is caught between two opposing forces and has been put in an almost impossible position, for which I have much sympathy. I hope, nevertheless, that Transport for London will do its best and maybe a new Labour Mayor of London will move things on in a better way. I beg to move.

Airports: Expansion

Lord Ahmad of Wimbledon Excerpts

Thursday 4th February 2016 Lords Chamber

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

My Lords, on 14 December 2015, the Government formally announced that they accepted the Airports Commission’s case for new runway capacity in the south-east, as well as the commission’s three shortlisted schemes; namely, additional runways at Gatwick or Heathrow, or an extension to the existing northern runway at Heathrow. The Government will not be considering any other options.

[The Earl of Glasgow (LD)]

My Lords, I thank the Minister for that Answer. Unfortunately I am disappointed by it. There is some confusion in my mind, and perhaps in that of the Government as well, as to whether this airport expansion is primarily to provide extra capacity for the crowded south-east or whether it is to establish an up-to-date hub airport to rival those in Europe. If it is to establish a first-class, international hub airport, surely it is better located outside the south-east. Will the Government not consider Birmingham, linked of course to HS2? That option presents far fewer problems than those facing Heathrow and Gatwick; it is much closer to Britain’s centre of gravity and is half way to the aspirational northern powerhouse.

[Lord Ahmad of Wimbledon]

As far as the expansion of south-east capacity is concerned, the Government are committed to the findings of the Airports Commission. That is in no sense to take away from the importance of our regional airports. Indeed, all regional airports, including Birmingham, mentioned by the noble Earl, are already benefiting from increased investment and are an important part of UK plc’s competitive global offering across the world.

[Lord Skelmersdale (Con)]

My Lords, given that this state of affairs has been arrived at after something like 20 years, is it now considered fairly urgent that we should think about a completely new airport?

[Lord Ahmad of Wimbledon]

I think that I have made the Government’s position quite clear. The commission was set up by the previous Government under the guidance of the current Prime Minister in 2012. It reported its findings. It was a comprehensive review. As I said in my earlier Answer, the Government are committed to its conclusions and the three options it presented, all being viable options. We will proceed on those. The commission also said that the decision needed to be made and the airport needed to be operating by 2030. That is certainly the timetable that the Government are committed to.

[Lord Harris of Haringey (Lab)]

My Lords, is it not the case that the Airports Commission was set up by the previous Government as a means of keeping this particular ball in the air because the Government were not prepared to make a decision? That was at a direct cost of at least £20 million. The ball has now been kicked firmly into the long grass and every so often the Transport Secretary kicks it further away from a decision. If the Government really believe that the decision to increase airport capacity is urgent and important, how much longer will they dither over this issue because they do not want to make a political decision?

[Lord Ahmad of Wimbledon]

The Government have been quite clear: the reasons for further consideration included environmental issues such as air pollution—a subject close to the noble Lord’s heart. This is not about keeping things up in the air. On the contrary, it is about getting those things in the air down on the ground.

[Baroness Tonge (Ind LD)]

My Lords—

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[Lord Tebbit]

My Lords, should we not recollect that major international airlines cannot be compelled to fly into airports they do not wish to go to? Should we not all agree now that the alternatives to Heathrow are not Birmingham or Stansted, but Schiphol, Paris and Frankfurt? Either we can have the business in this country, in London, or it will go to the continent.

[Lord Ahmad of Wimbledon]

My noble friend raises an important point. On the first element, the commercial decisions on air slots are very much for the airlines to make. As for the competitiveness of London vis-à-vis competitors in Europe, that is one reason why the Government are committed to further expansion of air capacity in the south-east.

[Baroness Randerson (LD)]

My Lords, has anyone actually asked passengers what they want? Has there been a recent independent survey of the views of passengers in the north and the Midlands? There is considerable resentment among both business and leisure passengers about the problems they face in travelling so far to reach a hub airport in the south of England.

[Lord Ahmad of Wimbledon]

On the subject of specific surveys, I will write to the noble Baroness about those two areas. However, as she is no doubt aware, Manchester, for example, will also benefit from £1 billion of investment over the next 10 years—and there are other regional airports. Indeed, I was looking forward to a question from the noble Lord, Lord McKenzie of Luton—but I may pre-empt that if I add that Luton, too, has benefited. Further to the noble Lord’s previous question, I am glad to say that my right honourable friend the Secretary of State recently visited Luton and saw the excellent facilities there.

[Lord Rosser (Lab)]

My Lords, will the Government clarify the questions that they are now asking about extra runway capacity, and the options that they do not believe were fully addressed or answered in the Airports Commission report? Which bodies and organisations are they now asking to provide views and information on the questions that they are still asking?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

As I have already said, some of the criticisms of the commission’s report were about environmental issues, particularly noise and air pollution—and those are part and parcel of the Government’s further considerations. All relevant bodies making representations will be part of that consultation process.

[Baroness Tonge]

My Lords, can the Minister promise us faithfully that we will have a decision on expansion at Heathrow Airport after the elections for London Mayor?

[Lord Ahmad of Wimbledon]

I can assure the noble Baroness—I speak for all my noble friends on the Front Bench and beyond—that we always seek to give answers faithfully from this Dispatch Box.

[Lord Foulkes of Cumnock (Lab)]

Will the Minister confirm that airports policy is now being co-ordinated by Sir John Chilcot?

[Lord Ahmad of Wimbledon]

That may be the noble Lord’s view; it is certainly not mine.

Islam: Extremism

Lord Ahmad of Wimbledon Excerpts

Wednesday 3rd February 2016 Lords Chamber

[Lord Wallace of Saltaire]

To ask Her Majesty’s Government what progress has been made by the review into funding for extremist interpretations of Islam within the United Kingdom, including from overseas sources, announced by the Prime Minister on 2 December 2015 with the declared intention that it would report by the spring of 2016.

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

My Lords, the review into the funding of extremist interpretations of Islamic ideology, including funds that come from overseas, has made good progress. Analysts from across government are working on the review, led by the extremism analysis unit. It will report to the Prime Minister and the Home Secretary in the spring of this year.

[Lord Wallace of Saltaire (LD)]

My Lords, we understand that the Charities Commission has been doing some work on domestic sources, looking particularly at the role of Muslim charities. Foreign funding is entirely legitimate but it should be transparent, whether it comes from government or private sources. We have indications that some Governments have been supporting Muslim education in this country, but of course it should be directed to legitimate ends and not to the support of extremist versions of Islam.

[Lord Ahmad of Wimbledon]

I totally agree with the noble Lord that any source of funding that seeks to divide or disrupt what we have here in the United Kingdom should be looked upon, and the full force of the law for anyone seeking to create such divisions will be imposed. The noble Lord mentioned the review by the Charities Commission. That is very much factored into the review that is currently being carried out and I am speaking to colleagues in the Cabinet Office very closely on this subject.

[Lord Marlesford (Con)]

My Lords, what are the Government proposing to do about the Muslim Brotherhood, considering that the report that the Government commissioned, which was published in December, concludes with the words:

“Muslim Brotherhood ideology and tactics, in this country and overseas, are contrary to our values and have been contrary to our national interests and our national security”?

Will the Government at least arrange for a debate in your Lordships’ House on the matter?

[Lord Ahmad of Wimbledon]

The issue of a debate is very much for the usual channels. If my noble friend wishes to table such a debate, it will of course be taken forward in the normal way. On the issue of the Muslim Brotherhood, he is of course quite right: the Government published their findings in the review. The whole issue around the Muslim Brotherhood is something that the Government are watching very closely.

[Lord Singh of Wimbledon (CB)]

My Lords, when we talk about Islamic extremism, should we not attempt to be more precise in what we are talking about? There are passages in the Koran that might have been relevant to the time when the infant Muslim community was under siege from all sides but may not be so relevant today. It is important that those passages be put in the context of today. Should the Government not be working with Muslim leaders to that end?

[Lord Ahmad of Wimbledon]

It is not the Government’s role to decide on which interpretation of Islam is correct, but I assure the noble Lord that we work with all Muslim organisations, and indeed all faith institutions across the board, to ensure that we not only sustain what we have in our country today but build the resilience, strength and indeed the harmony and diversity of faith across our country that is a source of great strength for this nation.

[The Archbishop of Canterbury]

My Lords, it is widely agreed that all statements that tend towards causing hatred, contempt and violence towards other faiths should not be permitted, but does the Minister nevertheless agree that it is not extremist in any way, and should in fact be encouraged, for there to be statements that are frank and categorical assertions of faith or no faith, and that there is no right not to be offended or hurt by such statements?

[Lord Ahmad of Wimbledon]

I agree on the whole issue of interpretations and the right not to be offended, because after all that is what we are protecting here in our country. I think that there is a distinct line to be drawn when it comes to any conservative practice of a particular religion. Indeed, my right honourable friend the Prime Minister is on record, when referring to Islam in particular, as saying that anyone who is devout of faith can be anything but an extremist. The right to offend someone and not to be offended remains a value that we wish to protect, but we need to stand up to those who seek to divide us and to create division between society and faiths. That is certainly what our counterextremism strategy is all about.

[Lord Lester of Herne Hill (LD)]

My Lords, is the Minister aware that I have tried four times to get a straight answer to a Parliamentary Question about whether, in countering extremist ideology, the Government are concerned about the preaching and teaching of Wahhabism in mosques and Muslim education bodies in Britain that are funded from overseas? Could he please answer that question with a yes or no?

[Lord Ahmad of Wimbledon]

We are concerned as a Government—as we all are—about any kind of funding which seeks to harm and disturb the nature of our society. The noble Lord referred to a particular issue; the review that has been set up was set up with that very intention: to look at all forms of extremism that seek to influence or distort Islam in a way which is not conducive to the fundamental shared values we enjoy in Britain today.

[Lord Pearson of Rannoch (UKIP)]

My Lords, does the Government’s analysis of extremist interpretations of Islam include what is preached in our mosques, madrassahs and prisons by imams and extremists speaking in Arabic and other languages? How many reliable interpreters do we have, and should we not fund quite a few more from our own resources?

[Lord Ahmad of Wimbledon]

It is not the Government’s role, as I said earlier, to start adjudicating on different interpretations of Islam. The Government’s role—and this is exactly what they are doing—is to protect and secure all our citizens and protect the fundamental values we enjoy, which include the ability to profess, propagate and practise your faith with the basic and fundamental value of respect for all faiths and none in our country. That is what the Government seek to do, and I believe that we all subscribe to that principle.

[Lord Harries of Pentregarth (CB)]

Has it been possible to engage mainstream Muslim communities in this review so that any definition of extremism which is used will have widespread agreement—or as widespread as possible?

[Lord Ahmad of Wimbledon]

That is not only the Government’s intention but what we are doing, including myself as the Minister responsible. My right honourable friends the Prime Minister and the Home Secretary, as well as other members of the Cabinet, are directly engaged. Indeed, the engagement forum, which the Prime Minister has himself led on a couple of occasions, alongside the Education Secretary Nicky Morgan, has been about engaging with all denominations across the wide spectrum of Islam in Britain today.

Railways: South East Flexible Ticketing Scheme

Lord Ahmad of Wimbledon Excerpts

Tuesday 2nd February 2016 Lords Chamber

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

My Lords, we are completely committed to the introduction of smart ticketing as set out in our manifesto. The South East Flexible Ticketing programme is proceeding with its existing contractual obligations and I fully expect these to be delivered by the end of 2016. We want to accelerate progress, support programmes where necessary and challenge operators to do more.

[Baroness Randerson (LD)]

My Lords, £37 million has been spent on the scheme so far but now it appears that the Government have abandoned completing it. Last November they were blaming train operating companies for delays, but now they say that they will leave the rest of the scheme to those same companies to complete as part of their franchise requirements. This will slow down implementation, affecting all passengers but particularly part-time workers, 75% of whom are women. When do the Government think smart ticketing will now be fully introduced across all lines? Will future franchises require full integration of ticketing with other train operators, not simply a paperless system?

[Lord Ahmad of Wimbledon]

I remind the noble Baroness of the Answer I just gave: we are looking to complete that by 2016. The five operators that have already signed cover 73% of the network. With regard to part-time season tickets, through the franchise competitions we are ensuring that operators develop appropriate proposals for pricings within that.

[Lord Bradshaw (LD)]

My Lords, might the Minister consider the fact that, I believe, smart ticketing now depends on contactless cards? These require an enormous back-office facility to adjust the money between operators. The operators cannot agree to share the information with one another. Would it not be better if ATOC, the independent association of train operators, which deals with revenue matters now, addressed this?

[Lord Ahmad of Wimbledon]

We are seeing increased co-operation across train operators and we are working closely with the industry to ensure just that. As I have already indicated, there is 73% coverage with the existing operators. In one case, for season ticket holders we already have 22% of the market covered through smart ticketing.

[Lord Rosser (Lab)]

The Rail Delivery Group has recently had discussions with the Rail Minister, Claire Perry. She was going to send a formal letter to the group setting out the Government’s expectations on ticketing. In order to clear up any doubts about the current situation and the position with the South East Flexible Ticketing smartcard scheme, and indeed with other schemes, can I ask whether that letter has been sent? If so, will the Minister place a copy in the Library?

[Lord Ahmad of Wimbledon]

I have just enjoyed a sandwich lunch with my honourable friend the Rail Minister, and I asked her that question. That letter will be sent shortly, and as soon as it is issued I will ensure that a copy is put in the Library. The noble Lord pointed to wider arrangements. Through the Smart Cities Partnership, nine additional regions are looking at smart ticketing.

[Lord Geddes (Con)]

Does my noble friend agree with the leader of Her Majesty’s Opposition in another place that the railways should be renationalised?

[Lord Ahmad of Wimbledon]

I do not think I agree with anything the leader of the Opposition in the other place says.

[Lord Christopher (Lab)]

My Lords, will the noble Lord confirm or deny the very strong rumours reaching me—I declare an interest in that I travel on Southern trains—that there are plans to transfer Southern to Transport for London? Can he also confirm that, if that is true, it would be quite legal for Transport for London to exceed the boundaries of London?

[Lord Ahmad of Wimbledon]

I will write specifically on that issue to the noble Lord. I believe that the noble Lord was referring to the awards of franchises; it is true that we are working very closely to ensure that there is an open competition. However, I will write to him on his specific question.

[Lord Tomlinson (Lab)]

The Minister has declared to the House that he does not think that he would agree with anything said by the leader of the Opposition in the other place. Is he really saying that as a Minister in the Government he is declaring himself opposed to the referendum that will take place on our membership of the European Union?

[Lord Ahmad of Wimbledon]

My right honourable friends have made clear their position on the EU referendum; we are negotiating. I am a member of my right honourable friend the Prime Minister’s Government and stand with him. He is ably leading negotiations and it is in the interest of everyone, both in the other place and this House, to show full support for our Prime Minister of Great Britain.

Anti-social Behaviour, Crime and Policing Act 2014

Lord Ahmad of Wimbledon Excerpts

Monday 1st February 2016 Lords Chamber

[Lord Clement-Jones]

To ask Her Majesty’s Government what assessment they have made of the impact on informal and spontaneous busking and on homeless people of the Anti-social Behaviour, Crime and Policing Act 2014 and guidelines made under that Act.

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

My Lords, the Government have not carried out any such assessment. However, we have made it clear in the statutory guidance that anti-social behaviour powers should not be used against reasonable activities such as busking, where this does not cross the line into anti-social behaviour.

[Lord Clement-Jones (LD)]

My Lords, that is not particularly reassuring. There is a real problem: scores of public space protection orders, thousands of community protection notices and tens of thousands of dispersal notices have already been issued routinely on an arbitrary basis against street entertainers, young people and the homeless for many legitimate, non-harmful activities such as busking, skateboarding and even carrying a golf bag. This is chilling. Is it not high time that we took stock of these powers and amended the guidance—and, if necessary, the primary legislation—before our freedoms are eroded any further?

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[Lord Ahmad of Wimbledon]

I think that the position of the Government is very clear on this. Buskers are not criminalised. Indeed, we have seen some very good initiatives being taken at a local level. The noble Lord will be aware of the Busk in London initiative right here in London. What we need to see is more voluntary arrangements in place at a local level. I believe that about seven or eight councils have thus far signed up to the London voluntary code. We need to encourage the remaining boroughs out of the 32 to do so as well.

[Lord Paddick (LD)]

My Lords, in December last year the Metropolitan Police justified the use of the Anti-social Behaviour, Crime and Policing Act to prevent a busker performing in Romford on the grounds that,

“street performing attracts thieves as large crowds gather”.

Yet they do not seem to take any action when even larger crowds gather to watch street performing in Covent Garden. Will the Minister accept that better statutory guidance is needed to avoid heavy-handed policing?

[Lord Ahmad of Wimbledon]

What is required is for local councils to learn and look towards good practice. We have seen examples of good practice in place and have also seen how the Act has been used effectively—the transition from having 19 elements within the anti-social behaviour orders to having six has helped. But this is very much a matter for local authorities. We have seen good practice around the country, which needs to be replicated in those areas where we have seen such acts as the noble Lord just described.

[Lord Brooke of Alverthorpe (Lab)]

My Lords, can the Minister give a stronger assurance to the Lib Dems that they will not be prosecuted for skateboarding?

[Lord Ahmad of Wimbledon]

I assure the Lib Dems that if they were to break into song, they would not be prosecuted.

[Lord Spicer (Con)]

If the noble Lord, Lord Clement-Jones, is suggesting that police powers are forcing people to sleep rough on the streets, perhaps it is relevant to ask whether it is not true that there are now 20 times as many hostel places appropriate for people sleeping on the street as there are people sleeping on the street?

[Lord Ahmad of Wimbledon]

My noble friend raises an important issue in relation to housing and the need for more effective social housing. The challenge for all of us across the country, not just for central government but for local government as well, is to ensure good-quality, affordable housing for all. We all want to see the eradication of street sleeping.

[Baroness Armstrong of Hill Top (Lab)]

My Lords, does the Minister understand that one of the big problems out there is the very steep rise in rough sleeping? There are not enough beds, either hostel beds or other sorts of beds such as detox beds, for them to go into. There has been an unprecedented rise since before 1997 in the number of people sleeping rough on our streets, which is giving local authorities and others massive problems. What will the Government do about it?

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[Lord Ahmad of Wimbledon]

The noble Baroness’s question goes wider than busking, but I can tell her that of course the Government have taken action; they have undertaken the biggest housebuilding programme that we have seen for decades. It is important that we work with local authorities to identify where the housing challenges are, face up to that crisis and address the housing issue. As I have already said, the issue of housing is a challenge not just for us in central government but across the country for local government as well.

[Lord Rosser (Lab)]

I remind the Minister that the Question refers to homeless people—it is not exclusive to busking—and therefore the question from my noble friend was entirely legitimate. The reality is that the number of households accepted as homeless has risen by over a third since 2010, while the number of people who sleep rough has increased by over 50%. The Minister seeks to tell us about all the measures the Government are going to take, but could he tell us why they allowed this situation—the increase since 2010 in the number of homeless people and the number of people sleeping rough—to arise in the first place?

[Lord Ahmad of Wimbledon]

The noble Lord should also look at the record prior to 2010 and what his own party did. We have taken forward the biggest housebuilding project that we have seen for decades. There is an acute problem as regards the housing crisis and people sleeping rough on our streets; we are seeking to address it, but we must work hand in glove with local authorities.

[Baroness Farrington of Ribbleton (Lab)]

My Lords, will the Minister care to comment on the availability—and on government policy on the availability—of housing for homeless people? In my experience, few of the people I have met who are homeless and sleeping on the streets will benefit from the Government’s housing policy, which is to build lots of houses, including those at £400,000. How much do the Government believe should be spent specifically on the homeless?

[Lord Ahmad of Wimbledon]

The Government have taken a raft of different initiatives on building affordable houses and a raft of different initiatives to encourage home ownership. The Rent to Buy scheme is another good example of what the Government have looked towards—ensuring innovative solutions to the housing challenges people face, including those who are looking to buy a home for the first time.

Road Traffic Act 1988 (Alcohol Limits) (Amendment) Bill [HL]

Lord Ahmad of Wimbledon Excerpts

Friday 29th January 2016 Lords Chamber

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

My Lords, first, I thank all noble Lords who have contributed to this debate. In particular, I thank the noble Lord, Lord Brooke, for bringing forward the Bill. I listened carefully to all the contributions and I thank him for his comprehensive, thoughtful and compelling contribution. He asked for my views on the BAC in 1967. I declare a personal interest: I was not even a twinkle in my parents’ eyes at that time—maybe I was. The Government consider it very important to monitor all the elements that contribute to the number of deaths on our roads.

My noble friend Lord Attlee talked about the lower number of deaths that occur in the United Kingdom. The noble Baroness, Lady Hayter, made a very personal contribution about her experience. I remember as a young child the experience of drink-driving was not on a personal level—I suppose I should declare an interest as someone who, on faith and on principle, does not touch a drop, which will perhaps give an inkling of my views in this respect. It is important to underline as a general point that it is not a case of doubt: if you are drinking, you should not drive. That is a message that successive Governments have sought to give and it is right on a point of principle that that is where the doubt first arises.

Although I do not drink, I have been to wine bars and pubs and I am sure there are notices to that effect but they do not go into detail about 50 milligrams or 80 milligrams. They have a simple, concise message, understood by people of all ages: if you are drinking you should not drive. In my student days, I did not drink but had to drive others who had drunk. It was not a pleasant experience, I can assure your Lordships—not least if we were pulled over to the side with a whole bunch of people who were perhaps more merry than I was. To say I was not merry would be an understatement.

Turning to the matters before us today, the noble Baroness, Lady Hayter, in a very poignant contribution, talked about how drink-driving leaves families shattered, hurt and bereaved. I remember giving evidence in court after someone smashed into the back of our car, quite late on a Saturday evening, clearly drunk, but he got away with it because he drove off. Thankfully, it was late at night and there were no passengers in the car but it formulates the challenge that we have to face. The Government have taken this issue very seriously and I will come on to those points in a moment.

On 21 December last year the Government set out their plans for road safety in Working Together to Build a Safer Road System. Our priorities and plans are quite clear. We will consult on ways to tackle dangerous in-car mobile phone use, reported by the RAC as being one of motorists’ top concerns, with a view to increasing penalties for drivers using handheld mobile phones. I start on that point because it is important to set out what the Government are doing to reduce the number of all forms of road casualties. In addition, we have set up a £750,000 grant for police forces in England and Wales to build on drug-driving enforcement capability. We are consulting on legislative changes to improve cycle safety by ensuring that sideguards and rear under-run devices are not removed from HGVs, and consulting on proposals to support safety for motorcyclists, who account for 19% of all road deaths. We are consulting on ways to incentivise and reward the uptake of more pre-test practice and a broader range of real-world driving experiences for those who are starting to learn to drive, and undertaking a £2 million research programme to identify the best possible interventions for learner and novice drivers. We believe that these are all important steps that will help to reduce casualties further. As the Minister at the DfT responsible for our agencies, including the DVLA and DVSA, these are areas that I have already looked upon as priority issues to take forward.

But let me come back specifically to drink-driving. As we have already heard, it is estimated that 240 people were killed in collisions involving illegal levels of alcohol in 2013. Drink-drive deaths in 2013 were among the lowest since detailed recording began in 1979, when 1,640 people were killed, and accounted for around 14% of all road deaths. However, these are 240 too many. While police continue to robustly enforce against this reckless behaviour, the numbers of those testing positive or refusing a breath test—and, alongside this, prosecutions and convictions—have been falling continuously. This is good news.

However, drink-driving is still responsible for too many deaths and injuries. In order to prevent this, the Government will continue to take tough action against the small number of drivers who ignore the drink-drive limit. Many drivers killed in drink-drive collisions, or prosecuted for drinking and driving, are significantly over the current drink-drive limit. We have prioritised enforcement efforts to identify and deal with these dangerous individuals. We have a robust approach to deal with these high-risk offenders. As I am sure noble Lords will be aware, last year we made it a requirement for them to undertake medical tests to ensure that they are not still dependent on alcohol before they are allowed to drive again.

The same legislation, the Deregulation Act 2015, also made an important change to drink-driving laws by removing the so-called statutory option that allowed those drivers who provided a breath test that was slightly in excess of the prescribed limit to demand a blood or urine test. By removing this provision, individuals have been denied the chance to sober up and so drop below the prescribed limit while waiting for a blood or urine sample to be taken. There is also no longer a requirement for the police to do a preliminary test by the roadside if they use a mobile evidential breath-testing device. This has paved the way for the introduction next year of mobile evidential breath-testing instruments, which will enable taking evidential samples at the roadside quickly and efficiently and before a suspect has the chance to sober up and fall below the limit. This has the potential to make the enforcement process more efficient, giving officers more time being visible on the road while they deal with drink-driving offenders. This will in turn help bring the message home to other motorists that if they drink and drive they risk getting caught—with serious consequences.

My noble friend Lord Attlee spoke about the North review. I assure him that we have implemented most of the recommendations, including, as I have already said, that relating to the statutory option for drink- drivers. We have also implemented the drug-driving recommendations. We do not tolerate any form of impaired driving. That is why we introduced the new drug-driving offence in March 2015, setting specified limits for 17 drugs. The police are being successful in taking these dangerous drivers off our roads: more than 4,500 drug drivers have been convicted since the new offence came into force, compared to fewer than 900 in 2014. Moreover, 20% of drug-drivers have a previous drink-driving conviction. By clamping down on drug-driving we are therefore removing a significant number of dangerous drivers from our roads.

With regard to the lower drink-drive limit, I accept that apart from Malta, all other European countries have a lower alcohol limit than England and Wales but, as my noble friend Lord Attlee pointed out, they do not have a better record on reducing drink-drive casualties. In England and Wales, the penalties for drink-driving are more severe than in other countries, including those with lower limits. I am sure all noble Lords will therefore agree that lowering the limit in itself is not going to change people’s behaviour. Neither would it be the best use of our resources in improving safety on our roads at this time. That said, with regards to Scotland, which the noble Lord, Lord Brooke, and others referred to, we will of course be very interested to see the full impact across casualties and the rates of drink-drive offences.

The noble Lord, Lord Brooke, and others mentioned waiting for the evidence base. One thing that I will take back from this debate is, certainly, to take up directly with the appropriate Scottish Minister when we are likely to see that substantial evidence base, with a view to holding a meeting. It is important to base our decisions on evidence and the Scottish experience will be crucial to that.

We have had strong successes in tackling drink-driving through rigorous enforcement, tough penalties and changing the social acceptability of drink-driving, including through our award-winning campaigns. This is how we will continue to tackle those people reckless enough to consider getting in their car after drinking. As noble Lords will know, our award-winning THINK! road safety campaigns remain an important tool to educate people about changes in our motoring laws and safer behaviour choices.

The noble Lord, Lord Rosser, talked about education—in part, about looking at the DVSA and graduate driving. For the first time since 2007, we are running a drink-driving campaign on television, ensuring a very wide reach. It tackles those drivers who we know drink before getting in a car. A staggering one in five men between 18 and 34 declare that they would consider having two or more drinks before driving, so our campaign aims to persuade them to change their behaviour in a way that we believe will work. We will of course evaluate this campaign, as we always do. The noble Baroness, Lady Randerson, pointed out the importance of having independent reviews and analysis. I will certainly take that back to the department and look at what work has been done in that respect.

In thanking all noble Lords for their contributions, let me reiterate that the Government regard this issue as a priority. I have highlighted some of the initiatives that we are taking in this respect. Clearly, more can and needs to be done but in changing any limits we must consider the evidence base, as I am sure the noble Lord, Lord Brooke, and others would acknowledge. However, I give my personal assurance that I will take back to the department the details and learning from what has been a very well-informed and, at times, personal debate. I would very much welcome a meeting with the noble Lord, Lord Brooke, to see how we can progress this matter because I believe, as do all noble Lords, that any life lost because of the reckless act of a particular individual wrecks lives and homes. We need to take action to ensure that we can eradicate this from our society.

Railways: South-West Network

Lord Ahmad of Wimbledon Excerpts

Thursday 28th January 2016 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government what action they are taking to improve the resilience of the rail network in the south-west.

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

My Lords, the Government are fully supportive of the initiatives which the rail industry is taking, led by Network Rail, to improve the resilience of the rail network in the south-west. The initiatives include implementation of the weather resilience and climate change adaptation plan for the western route over the period 2014 to 2019. Measures also include improvements to drainage systems, strengthening vulnerable structures, the greater use of specialist forecasting tools and improving flood resilience at key risk sites.

[Lord Berkeley (Lab)]

I am grateful to the Minister for that Answer. Those are very fine words, but the House will remember the Dawlish scenario two years ago, when a whole sea wall collapsed and access to much of Devon, Cornwall and Plymouth by rail was effectively cut off for several months. As the Minister said, Network Rail responded well but, as he will know, the problem is that the work is not yet finished. I quote David Cameron on one of his many welcome visits to the south-west. He said that cost would not “put him off” delivering what the region needed. George Osborne was there, too, and he said—and I quote—the Government would commit £7 billion of investment into transport. Can the Minister explain why last week the Government cut all funding to Network Rail, even for carrying out studies on the next stage of resilience? After the election, it is all forgotten.

[Lord Ahmad of Wimbledon]

The picture that the noble Lord paints is not factually correct. As he knows, we are putting £38 billion just into the rail sector—the biggest investment since the Victorian age. The fact that my right honourable friends the Prime Minister and the Chancellor have visited the sites, including Dawlish, where we have restored what was damaged with an investment of £40 million, underlines the Government’s commitment. The top people in government are visiting those sites and putting money into ensuring that resilience measures are in place.

[Baroness Randerson (LD)]

My Lords, does the Minister agree that the opening up of the Okehampton-Tavistock-Plymouth line, with the middle bit replaced, would serve north Devon very well? It is an area that suffers from very poor public transport links, exacerbated by planned further cuts to bus services.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

The whole area has been underlined by the Government’s commitment. The noble Baroness will know that, in 2014, we committed over £26 million of greater investment to improve resilience in the area. The particular line she points out has suffered, but improvements are being put in place. Let me underline again the Government’s commitment to ensure that, following the flooding damage that was done, we are looking at how we can improve further resilience measures, including the raising of rail tracks and control boxes.

[Lord Clark of Windermere (Lab)]

My Lords, as the House is aware, for the past two months there has been no direct rail connection from Carlisle in England through to Newcastle, Edinburgh or Glasgow. There is no sign of that ending, as far as we know. Can the Minister tell the House what the position is on opening up Scotland from the west side of England?

[Lord Ahmad of Wimbledon]

The noble Lord raises an important issue about investment across the country and connectivity. I will write to him specifically about that particular route but, again, I repeat the commitments made. The investment we are making in the railway industry, including HS2, underlines the Government’s commitment to improve rail network connectivity across the whole of the United Kingdom.

[Lord Brooke of Alverthorpe (Lab)]

May I revert to my noble friend Lord Berkeley’s Question and the Answer that the Minister gave? Can the Minister say why the money is not going in and there has been a pause on the work to be undertaken by Network Rail? What is the reason for that?

[Lord Ahmad of Wimbledon]

As I said in my original response, the Government have made commitments. The noble Lord, Lord Berkeley, talked about Dawlish, and we have completed the task there. He also referenced the new GRIP study and the issues around governance and finding funding for that. The department is looking at that.

[Lord Rosser (Lab)]

Let me just be clear on what the Minister is saying. He said that my noble friend Lord Berkeley was factually incorrect. It is not factually incorrect that the Department for Transport and Network Rail have confirmed to the Peninsula Rail Task Force that there will be no further funding for development in the south-west prior to 2019 and no funding for the two key Network Rail studies on journey time reduction and electrification, which are integral to a Peninsula Rail Task Force report commissioned by the Department for Transport and the Prime Minister and due for publication this summer. The issue was raised in the Commons yesterday with the Prime Minister, who was unable to give a commitment over the funding. Can the Minister say whether the government climb-down on this issue will come this week or next week?

[Lord Ahmad of Wimbledon]

This is about investment in the future of our railways. I recognise the Peninsula Rail Task Force’s concern to push forward on the detailed studies on the opportunities for line enhancements. I, too, want to see this work happen, and the Government want to see it happen, in a way that is appropriate to the changes that will, as I am sure the noble Lord knows, come from the Bowe review. We will also work with Network Rail to ensure that whatever future development is required for the next rail investment period, CP6, it is made. The strategy is planned for publication in July 2017.

[Baroness Fookes (Con)]

My Lords, is there any long-term plan to look at altering the line, where it now goes through Dawlish, back inland? I am not so sanguine as perhaps the Minister is about the long-term resilience of that Dawlish section.

[Lord Ahmad of Wimbledon]

I will certainly write to my noble friend in that respect.

[Lord Harrison (Lab)]

My Lords, parroting the global amount being spent does not answer the specific Question that has been repeatedly put to the Minister about the studies that are preparatory to the work. Why have they dried up?

[Lord Ahmad of Wimbledon]

Let me be even more clear: the studies are being looked at. We have taken on board what the Peninsula Rail Task Force has said. My honourable friend the Rail Minister, Claire Perry, even this morning reiterated the Government’s stance that we are working with officials and looking at the studies to ensure that those improvement studies can be properly funded.

[Lord Harris of Haringey (Lab)]

My Lords, the Minister accused my noble friend Lord Berkeley of being factually incorrect. He did not do the same to my noble friend Lord Rosser. Presumably, the Minister is confirming that it is correct that the rail enterprises concerned have been informed that there is no more money. What exactly is the situation? Are the Government looking at something that has already happened but, at the same time, telling somebody that there is no money to go any further?

[Lord Ahmad of Wimbledon]

I have already given the Government’s position: we are investing in our rail network. I have been clear about that to the noble Lord, Lord Berkeley. If the noble Lord, Lord Harris, wants me to say that the noble Lord, Lord Rosser, was also incorrect that the Government are not making money available for investment in rail—we are. On the specific study on governance, as I have already said, my honourable friend in the other place made clear that she is looking at this issue very closely with officials to ensure that the appropriate money required for the governance studies will be found.

Religious Hate Crime

Lord Ahmad of Wimbledon Excerpts

Wednesday 27th January 2016 Lords Chamber

[Lord Pearson of Rannoch]

To ask Her Majesty’s Government what assessment they have made of the risk that Christians could be recorded as having committed an anti-Muslim hate crime from April 2016 by preaching the divinity of Christ or by reading aloud sections of the Bible in public, such as 1 John, Chapter 4, verses 1 to 3.

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

My Lords, reading texts from the holy Bible in public or preaching the divinity of Christ is not a crime, and never will be in this country. The Government’s counterextremism strategy makes it clear that we will protect free speech and the right to profess, practise and propagate any religion, or indeed none.

[Lord Pearson of Rannoch (UKIP)]

My Lords, I am grateful to the noble Lord for that reply. I must say that I thought it was brave of the Prime Minister to say in his Christmas message that Jesus is the only son of God, because that will not have gone down all that well with the Islamists. Will a Christian preacher be committing this new hate crime if he goes a little further and denies the supremacy of the Koran, and thus the divinity of Allah? Secondly, I assume that the Minister agrees that the serious hatred is coming from the jihadists, against non-Muslims and against those brave Muslims who oppose the jihadists’ evil creed and form the large majority of the thousands whom they have slaughtered. So how can anyone be guilty of hate if they preach their own religion, even outside a mosque, and take part in much-needed debate about Islam?

[Lord Ahmad of Wimbledon]

My Lords, the Government are clear that anyone who preaches any kind of hate has no place here, and I believe that all of us across this House unite on that. Bigotry has no place and any kind of hate, be it based on race, sexual orientation or religion, has no place in British society. The Government, our legal system and our police will stand against that. The noble Lord made brief reference to the Prime Minister’s message. My right honourable friend mentioned the holy personage of Jesus Christ, whom Muslims celebrate because, as the noble Lord well knows, Muslims also regard and revere the Prophet Jesus as a prophet of God.

[Lord Polak (Con)]

My Lords, today is Holocaust Memorial Day—a day to remember those who perished and the brave soldiers who helped to liberate the camps, and to remember and pay tribute to the depleting band of survivors who spend their days educating young people. I also commend the Prime Minister for his announcement today that a fitting memorial will be erected adjacent to this House, in Victoria Tower Gardens. Does the Minister agree that, today of all days, we should acknowledge where hate crime can lead? Does he further agree that the vital task of the Prime Minister’s Holocaust foundation should be to concentrate on educating young people as, sadly, there will soon be no survivors to tell the story?

[Lord Ahmad of Wimbledon]

I join my noble friend in the sentiments he expressed. Indeed, I believe I speak for every Member of this House as we come together on this poignant day, when we remember those who passed away in the Holocaust—the victims of the biggest crime of genocide against humanity that we have seen in the world. We must work together, including on education. I am therefore proud that on entering my office in the Home Office, if you look to the right, the first certificate you will see is for the Anne Frank Trust UK, which does an incredible job in promoting Holocaust education. I praise the efforts of all organisations and the work of my noble friend in this respect.

[The Lord Bishop of Worcester]

My Lords, does the Minister agree with me that Questions phrased in this manner are not conducive to building positive relations between faith communities, in particular with Muslim communities, as we are endeavouring to do in the church at a time when Muslims are feeling unfairly stigmatised? Does he further accept that Muslims, and people of all faiths, greatly enrich our society and make a significant contribution to the common good?

[Lord Ahmad of Wimbledon]

I agree with the right reverend Prelate, but I also believe very strongly that adversity is an opportunity and that Questions such as this present an opportunity to all of us in this House, across the political spectrum, to speak with one voice and unite against bigotry in all its ugly guises.

[Lord McConnell of Glenscorrodale (Lab)]

My Lords, will the Minister agree with me—

--- Later in debate ---

[Lord McConnell of Glenscorrodale]

I think it is this side. Will the Minister agree with me that the idea that bigotry and hatred are confined only to the extreme elements in the Islamic religion in this country is absolute nonsense? Historically, bigotry and hatred have been inflicted on both Catholic and Protestant communities right across the United Kingdom by alternative Christian religions. Will he join me in consistently condemning all forms of religious sectarianism and bigotry? If we do that in this House, we will perhaps have a stronger message to tell the country.

[Lord Ahmad of Wimbledon]

I totally agree with the noble Lord. One other point I would add is that whenever we face such bigotry, the resilience of our country and our historic legacy shows that when we face those challenges, we come together as a more united nation going forward.

[Lord Singh of Wimbledon]

My Lords, when religions claim competing exclusive truths, the end result is conflict. Is it not better to go along with the proposition that the one God of us all is not in the least bit interested in our different religious labels but in what we do to make life better for those around us?

[Lord Ahmad of Wimbledon]

I totally agree with the noble Lord, who speaks with great poignancy and expertise in this area. I regard religion very much as a route: we all have the same beginning and the same end, and the religion we follow is but a different path towards that end.

[Lord Paddick (LD)]

My Lords, can the Minister tell the House what research the Government are doing into the causes of the genuine and alarming increase in both anti-Muslim and anti-Semitic hate crime and whether the increasing anti-Muslim rhetoric in some British media—and elsewhere—might be the case?

[Lord Ahmad of Wimbledon]

The noble Lord is quite right to point out what is being done. He will be aware from his own previous profession that the Government are working with the police and with communities to ensure that any kind of religious hate is formally recorded and that people are educated that they should report hate crime. From April this year, as the noble Lord will be aware, the Government will ensure that anti-Muslim hatred, along with other religious hate crime, is formally recorded by every police force across England and Wales.

[Lord Maginnis of Drumglass (Ind UU)]

My Lords, is the Minister aware that we have already had a case in Northern Ireland, where a Christian Minister was literally persecuted for months before eventually being brought before our courts, tried and acquitted? Do we still have British law in Northern Ireland, or is that now being adjusted to suit sectarian interests in my part of the United Kingdom?

[Lord Ahmad of Wimbledon]

I, for one, am very proud of our justice system across the United Kingdom. Despite every challenge and diversity, there is great faith in our justice system. As we have seen previously, our justice system even stands up for those who seek to divide us or promote hate in our society.

Bus Services: Local Government Funding

Lord Ahmad of Wimbledon Excerpts

Wednesday 13th January 2016 Lords Chamber

[Lord Greaves]

To ask Her Majesty’s Government what assessment they have made of the effect of reductions in local government spending on local bus services in 2016–17.

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

My Lords, decisions about the provision of bus services requiring local government subsidy are a matter for individual English local authorities in the light of their other spending priorities. The majority of public funding for local bus services is via the block grant provided to local authorities in England from DCLG. The Department for Transport also provides £40 million in bus service operators grant funding directly to English local authorities to help deliver local bus services.

[Lord Greaves (LD)]

My Lords, that is a factually correct account. However, all over the country there are horrific stories about local bus services being cut as a result of cuts in council subsidies which are as a result of cuts in the funding of local authorities. In my own county of Lancashire, the proposal that will go before the county council is to abolish bus subsidies for services to villages, services in rural areas, and the little buses that go around the towns, which are so important. Is this really the legacy that this Government want to leave?

[Lord Ahmad of Wimbledon]

It is not. I mentioned the bus service operators grant. In Lancashire, last year, we provided £1.86 million directly for the purposes of retaining services. The Government are looking at the overall offering of bus services, particularly in rural areas, to ensure both connectivity and the sustainability of essential transport links.

[Lord Snape (Lab)]

My Lords, did the Minister happen to see the BBC “Countryfile” programme last Sunday, which set out starkly the decline in bus services throughout this country, particularly in rural areas? Does he agree with the conclusions of that programme that this decline is largely due to the reduction in government payments to local authorities and direct grants for bus services? Can he assure the House that the much-vaunted devolution of these services will be accompanied by proper finance? Otherwise, some of us might suspect, that decline will continue, with the blame moving from Whitehall to the town hall.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

I did not see the programme. Part of my Sundays are taken up with my own “countryfile” responsibilities of helping my children build their country projects—in this case, however, it was a chocolate cake.

To get back to the question, the noble Lord is quite right to point out that there are challenges in funding. However, this is not about apportioning blame to one over the other; it is about ensuring that essential services are sustained, and the Government are moving forward on this. Indeed, yesterday, during the debate on the devolution Bill, I talked about the creation of STBs, which I intend will ensure that local decisions on transport are made by the people who know best.

[Lord Rosser (Lab)]

My Lords, given the drop in fuel prices, what action have the Government taken to ensure that there is now a reduction in bus fares to reflect the reduced cost arising from that?

[Lord Ahmad of Wimbledon]

As the noble Lord will be aware, one of the legislative proposals coming forward is the buses Bill, which will ensure again that local authorities are empowered—through the purposes of franchising, for example—to ensure better, sustainable fares and the sustaining of essential bus services. That will form part and parcel of the Bill.

[Baroness Randerson (LD)]

My Lords, Conservative councillors in Wiltshire, Dorset and Somerset are all among those proposing swingeing cuts to bus services across the country. Indeed, Somerset plans to cut community transport schemes which are usually the last refuge for rural services. The Government proposed after the election the reform of the bus service operators grant. That is clearly now delayed. Can the Minister tell the House when announcements will be made on this? Can he assure us that any reform of this grant will include an element for mileage which would protect rural bus services?

[Lord Ahmad of Wimbledon]

I am sure the noble Baroness is aware that the grant she talks about is being protected. Indeed, in the last spending round that is exactly the commitment given by my right honourable friend. The announcements are imminent and will be made quite shortly. I also draw the noble Baroness’s attention to the total transport pilot fund we are currently allocating to 37 local authorities which are looking at an integrated form and retention of transport funding, which includes the bus services operators grant, local bus services support through DCLG, home-to-school transport provided through DfE and DCLG, and non-emergency patient transport. We need an integrated approach to long-term solutions and sustainability at a local level.

[Baroness Perry of Southwark (Con)]

My Lords, does my noble friend agree that it is unfortunate that some local authorities are making cuts in services when they are sitting on substantial reserves?

[Lord Ahmad of Wimbledon]

I agree with my noble friend but, as I have said already, it is very much a decision-making matter for local authorities. We are, through various legislative measures that we have taken in the previous Government and in this Government—only yesterday through the devolution Bill—underlining the importance this Government attaches to local decision-making, including on transport.

[Baroness Royall of Blaisdon (Lab)]

My Lords, local decision-making is extremely important but it requires funds to underpin it. However, much has been made about the need for good rural bus services. At the moment the cuts in rural bus services are hitting students particularly harshly. Will the Minister have a discussion with his colleagues in the Department for Education so that we can ensure that students choose their post-education studies on the basis of what is best for their future and not on the availability of buses to get them to and from their courses?

[Lord Ahmad of Wimbledon]

I assure the noble Baroness that I have regular discussions and conversations with colleagues across a vast range of areas and across different ministries. The total transport pilot fund I have highlighted again underlines the Government’s commitment to look at how funding works and how government funding is sourced and provided at a local level across a range of different departments. We are half-way through the pilot and I shall report back once we have completed it.

[Lord Lea of Crondall (Lab)]

My Lords, do the Government agree that public services are part of our living standards and that when measuring the cost of living it is not only the retail prices index that is not moved by these affairs? People have to go to a supermarket a long way away and pay for a taxi or make some other arrangement. Is there not a case for an inquiry into how we measure the cost of living when it does not include these major elements?

[Lord Ahmad of Wimbledon]

As a public servant I agree with the opening statement of the noble Lord: the public sector is an important part of this. I do not agree with the premise that an inquiry is required. When it comes to transport, we need to ensure that we have schemes in place that work for ensuring sustainable transport at a local level. That is the Government’s priority.

Cities and Local Government Devolution Bill [HL]

Lord Ahmad of Wimbledon Excerpts

Tuesday 12th January 2016 Lords Chamber

Moved by

[Lord Ahmad of Wimbledon]

That this House do agree with the Commons in their Amendment 53.

53: After Clause 21, insert the following new Clause—
“Sub-national transport bodies
After Part 5 of the Local Transport Act 2008 insert—
“PART 5A
SUB-NATIONAL TRANSPORT BODIES
Establishment and constitution of STBs
102E Power to establish STBs
(1) The Secretary of State may by regulations establish a sub-national transport body for any area in England outside Greater London.
(2) In this Part—
(a) “STB” means a sub-national transport body established under this section, and
(b) references to the area of an STB are to the area in England for which the STB is established.
(3) Regulations under this section must specify—
(a) the name by which the STB is to be known, and
(b) the area of the STB.
(4) The area of an STB must consist of the whole of the area of two or more relevant authorities (whether or not of the same kind).
(5) Each of the following is a “relevant authority” for the purposes of this Part—
(a) a combined authority;
(b) an ITA;
(c) a county council that comes within subsection (6);
(d) a unitary district council that comes within that subsection;
(e) the Council of the Isles of Scilly.
(6) A council comes within this subsection if no part of its area forms part of—
(a) the area of a combined authority, or
(b) an integrated transport area.
(7) An STB is to be established as a body corporate.
102F Requirements in connection with regulations under section 102E
(1) Regulations under section 102E may be made establishing an STB for an area only if the Secretary of State considers that—
(a) its establishment would facilitate the development and implementation of transport strategies for the area, and
(b) the objective of economic growth in the area would be furthered by the development and implementation of such strategies.
(2) The reference in subsection (1)(a) to “transport strategies”, in relation to the area of an STB, is a reference to strategies for improving—
(a) the exercise of transport functions in the area (whether or not exercisable by the STB), and
(b) the effectiveness and efficiency of transport to, from or within the area.
(3) Regulations under section 102E establishing an STB for an area may be made only if—
(a) the constituent authorities have together made a proposal to the Secretary of State for there to be an STB for the area, and
(b) those authorities consent to the making of the regulations.
(4) For the purposes of this Part, the constituent authorities of an STB are every relevant authority whose area is within the area, or proposed area, of the STB.
(5) Before making a proposal under this section the constituent authorities must consult—
(a) each appropriate authority (if it is not a constituent authority), and
(b) any other persons whom the constituent authorities consider it is appropriate to consult.
(6) The Secretary of State may require the constituent authorities to consult any other persons (not already consulted under subsection
(5)(b)) whom the Secretary of State considers should be consulted in connection with a proposal under this section.
(7) For the purposes of subsection (5), each of the following is an “appropriate authority” if any part of the authority’s area adjoins the area of the proposed STB—
(a) a combined authority;
(b) an ITA;
(c) Transport for London;
(d) a county council;
(e) a unitary district council;
(f) a London borough council.
102G Constitution of STBs
(1) The Secretary of State may by regulations make provision about the constitutional arrangements in relation to an STB.
(2) “Constitutional arrangements”, in relation to an STB, include arrangements in respect of—
(a) the membership of the STB (including the number and appointment of members of the STB),
(b) the voting powers of members of the STB (including provision for different weight to be given to the vote of different descriptions of member),
(c) the executive arrangements of the STB, and
(d) the functions of any executive body of the STB.
(3) Regulations made by virtue of subsection (2)(a) which include provision about the number and appointment of members of the STB must provide—
(a) for the members of the STB to be appointed by the STB’s constituent authorities, and
(b) for those members to be appointed from among the elected members of the constituent authorities.
(4) Regulations made by virtue of subsection (2)(a) may provide for persons, who are not elected members of the constituent authorities, to be appointed as co-opted members of an STB; but such regulations must provide (by virtue of subsection (2)(b)) for those co-opted members to be non-voting members of the STB.
(5) The voting members of an STB may resolve that provision made in accordance with subsection (4) is not to apply (generally or in relation to particular matters) in the case of the STB.
(6) In subsection (2)(c) “executive arrangements” means—
(a) the appointment of an executive;
(b) the functions of the STB which are the responsibility of an executive;
(c) the functions of the STB which are the responsibility of an executive and which may be discharged by a committee of the STB, by an officer of the STB or by a body other than the STB;
(d) arrangements relating to the review and scrutiny of the discharge of functions;
(e) access to information on the proceedings of an executive of the STB;
(f) the keeping of a record of any arrangements relating to the STB and falling within any of paragraphs (a) to (e).
(7) The provision which may be made by regulations by virtue of subsection (2)(d) includes—
(a) provision setting up or dissolving an executive body of an STB, or merging two or more executive bodies of an STB;
(b) provision conferring functions on, or removing functions from, an executive body of an STB;
(c) provision transferring functions of an STB to an executive body of the STB, and transferring functions of an executive body of an STB to the STB.
(8) Regulations under this section may authorise an STB to delegate any of its functions to one or more of its constituent authorities (and any such delegation may be made subject to conditions or limitations).
(9) Regulations under this section may not provide for the budget of an STB to be agreed otherwise than by the STB.
(10) For the purposes of subsections (3) and (4), the “elected members” of a constituent authority—
(a) in the case of a combined authority, are the mayor for the area of the combined authority (if there is one) and those members of the authority who are appointed from among the elected members of the authority’s constituent councils (see section 85(1)(b) above as applied by section 104(2) of the Local Democracy, Economic Development and Construction Act 2009);
(b) in the case of an ITA, are those members of the ITA who are appointed from among the elected members of the ITA’s constituent councils (see section 85(1)(b) above);
(c) in the case of a county council, a unitary district council or the Council of the Isles of Scilly, are the elected members of the council.
Functions
102H General functions
(1) The Secretary of State may by regulations provide for an STB to have any of the following functions in relation to its area—
(a) to prepare a transport strategy for the area (see section 102I);
(b) to provide advice to the Secretary of State about the exercise of transport functions in relation to the area (whether exercisable by the Secretary of State or others);
(c) to co-ordinate the carrying out of transport functions in relation to the area that are exercisable by different constituent authorities, with a view to improving the effectiveness and efficiency in the carrying out of those functions;
(d) if the STB considers that a transport function in relation to the area would more effectively and efficiently be carried out by the STB, to make proposals to the Secretary of State for the transfer of that function to the STB;
(e) to make other proposals to the Secretary of State about the role and functions of the STB.
(2) The Secretary of State may by regulations provide for an STB to have other functions of a description set out in the regulations.
(3) Regulations under subsection (2) may be made only for functions to be exercisable in relation to the area of the STB that—
(a) relate to transport,
(b) the Secretary of State considers can appropriately be exercised by the STB, and
(c) are not already exercisable in relation to that area by a local authority or a public authority (see instead sections 102J and 102K respectively for a power to transfer such functions to an STB).
(4) The Secretary of State may by regulations make further provision about how an STB is to carry out functions that it has under or by virtue of this Part.
(5) Regulations under this section in relation to an existing STB may be made only with the consent of the STB.
(6) Nothing in this section limits the power of the Secretary of State to confer other functions on an STB under this Part.
102I Transport strategy of an STB
(1) The transport strategy of an STB is a document containing the STB’s proposals for the promotion and encouragement of sustainable, safe, integrated, efficient and economic transport facilities and services to, from and within the area of the STB.
(2) The transport facilities and services mentioned in subsection (1) are—
(a) those required to meet the needs of persons (including pedestrians) living or working in, or visiting, the area of the STB, and
(b) those required for the transportation of freight.
(3) An STB may include in its transport strategy any other proposals it considers appropriate that relate to transport to, from or within its area.
(4) An STB must publish its transport strategy.
(5) If an STB revises its transport strategy, the STB must publish the strategy as revised.
(6) In preparing or revising its transport strategy an STB must carry out a public consultation.
(7) In carrying out a public consultation under subsection (6), the STB must ensure that such of the following persons as the STB considers appropriate (taking into account the proposals to be contained in the strategy) have a reasonable opportunity to respond to the consultation—
(a) the Secretary of State;
(b) a combined authority;
(c) another STB;
(d) an ITA;
(e) a Passenger Transport Executive;
(f) Transport for London;
(g) a person to whom a licence is granted under section 8 of the Railways Act 1993 (licences authorising persons to be operator of railway assets);
(h) Highways England Company Limited;
(i) a local highway authority (within the meaning of the
Highways Act 1980);
(j) a county council in England;
(k) a unitary district council;
(l) a London borough council.
(8) In preparing or revising its transport strategy an STB must (among other matters) have regard to—
(a) the promotion of economic growth in its area,
(b) the social and environmental impacts in connection with the implementation of the proposals contained in the strategy,
(c) any current national policy relating to transport that has been published by or on behalf of Her Majesty’s Government, and
(d) the results of the public consultation mentioned in subsection (6).
(9) The Secretary of State must have regard to proposals contained in the transport strategy of an STB that appear to the Secretary of State to further the objective of economic growth in the area of the STB in determining—
(a) national policies relating to transport (so far as relevant in relation to such proposals), and
(b) how such policies are to be implemented in relation to the area of the STB.
(10) The constituent authorities of an STB must exercise transport functions with a view to securing the implementation of the proposals contained in the STB’s transport strategy.
(11) In this Part “transport strategy”, in relation to an STB, means the transport strategy prepared or revised by an STB under this section by virtue of the function in section 102H(1)(a).
102J Exercise of local transport functions
(1) The Secretary of State may by regulations provide for functions that are exercisable by a local authority in an area that is, or is to become, the area of an STB to be exercisable by the STB.
(2) Regulations under this section may be made—
(a) only in relation to functions that relate to transport, and
(b) only if the Secretary of State considers that the function can appropriately be exercised by the STB.
(3) For the purposes of subsection (2)(a), regulations under this section may be made in respect of a function that relates both to transport and to other matters only so far as the function is exercisable in relation to transport.
(4) Regulations under this section may make provision for a function to be exercisable by the STB either generally or subject to such conditions or limitations as may be specified in the regulations.
(5) Regulations under this section may make provision—
(a) for a function to be exercisable by the STB instead of by the local authority, or
(b) for a function to be exercisable by the STB concurrently with the local authority.
(6) Regulations under this section may be made only with the consent of—
(a) the local authority concerned, and
(b) in the case of regulations made in relation to an existing STB, the STB.
(7) In this section “local authority” means—
(a) a combined authority;
(b) an ITA;
(c) a Passenger Transport Executive;
(d) a county council in England;
(e) a unitary district council;
(f) the Council of the Isles of Scilly.
102K Other public authority functions
(1) The Secretary of State may by regulations provide for functions that are exercisable by a public authority in relation to an area that is, or is to become, the area of an STB to be exercisable by the STB.
(2) Regulations under this section may be made—
(a) only in relation to functions that relate to transport, and
(b) only if the Secretary of State considers that the function can appropriately be exercised by the STB.
(3) For the purposes of subsection (2)(a), regulations under this section may be made in respect of a function that relates both to transport and to other matters only so far as the function is exercisable in relation to transport.
(4) Regulations under this section may make provision for a function to be exercisable by the STB either generally or subject to such conditions or limitations as may be specified in the regulations.
(5) Regulations under this section may make provision—
(a) for a function to be exercisable by the STB instead of by the public authority, or
(b) for a function to be exercisable by the STB jointly with the public authority.
(6) Regulations under this section in relation to an existing STB may be made only with the consent of the STB.
(7) In this section—
“function” does not include a power to make regulations or other instruments of a legislative character;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
“public authority”—
(a) includes a Minister of the Crown or a government department;
(b) does not include a local authority as defined by section 102J.
102L Funding
(1) The Secretary of State may pay grants to STBs to cover expenditure incurred in the carrying out of their functions.
(2) Grants may be paid under this section subject to any conditions the Secretary of State thinks appropriate (including conditions as to repayment).
(3) The Secretary of State may by regulations make provision—
(a) for the constituent authorities of an STB to contribute to its costs, and
(b) about the basis on which the amount payable by each constituent authority is to be determined.
General powers etc
102M General powers
(1) An STB may do—
(a) anything it considers appropriate for the purposes of the carrying out of any of its functions (its “functional purposes”),
(b) anything it considers appropriate for purposes incidental (whether directly or indirectly) to its functional purposes,
(c) anything it considers to be connected with—
(i) any of its functions, or
(ii) anything it may do under paragraph (a) or (b), and
(d) for a commercial purpose, anything which it may do under any of paragraphs (a) to (c) otherwise than for a commercial purpose.
(2) Where subsection (1) confers power on an STB to do something, it confers power (subject to section 102N) to do it anywhere in the United Kingdom or elsewhere.
(3) Power conferred on an STB by subsection (1) is in addition to, and is not limited by, the other powers of the STB.
(4) Where an STB has an executive body established by virtue of section 102G, the STB may delegate to that body its function of taking action under subsection (1) (but not the function of determining what action to take).
102N Boundaries of power under section 102M
(1) Section 102M(1) does not enable an STB to do anything which it is unable to do by virtue of a post-commencement limitation which is expressed to apply—
(a) to its power under section 102M(1),
(b) to all of its powers, or
(c) to all of its powers but with exceptions that do not include its power under section 102M(1).
(2) Section 102M(1) does not authorise an STB to borrow money.
(3) Section 102M(1)(a) to (c) do not authorise an STB to charge a person for anything it does otherwise than for a commercial purpose (but see section 93 of the Local Government Act 2003 (power of STBs and other best value authorities to charge for discretionary services)).
(4) Section 102M(1)(d) does not authorise an STB to do things for a commercial purpose in relation to a person if a statutory provision requires the STB to do those things in relation to the person.
(5) Where under section 102M(1)(d) an STB does things for a commercial purpose, it must do them through—
(a) a company within the meaning given by section 1(1) of the Companies Act 2006, or
(b) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014.
(6) In this section—
“post-commencement limitation” means a prohibition, restriction or other limitation imposed by a statutory provision that—
(a) is contained in an Act passed after the end of the Session in which the Cities and Local Government Devolution Act 2015 is passed, or
(b) is contained in an instrument made under an Act and comes into force on or after the commencement of section (Sub-national transport bodies) of that Act;
“statutory provision” means a provision of an Act or of an instrument made under an Act.
102O Power to make provision supplemental to section 102M
(1) The Secretary of State may by regulations make provision preventing an STB from doing under section 102M(1) anything which is specified, or is of a description specified, in the regulations.
(2) The Secretary of State may by regulations provide for the exercise by STBs of the power conferred by section 102M(1) to be subject to conditions, whether generally or in relation to doing anything specified, or of a description specified, in the regulations.
(3) Before making regulations under subsection (1) or (2) the Secretary of State must consult—
(a) such representatives of STBs,
(b) such representatives of local government, and
(c) such other persons (if any), as the Secretary of State considers appropriate.
(4) Subsection (3) does not apply to regulations under subsection (1) or
(2) which are made only for the purpose of amending earlier such regulations—
(a) so as to extend the earlier regulations, or any provision of the earlier regulations, to a particular STB or to STBs of a particular description, or
(b) so that the earlier regulations, or any provision of the earlier regulations, cease to apply to a particular STB or to STBs of a particular description.
102P Power of direction
(1) The Secretary of State may by regulations confer on an STB a power to give directions to a constituent authority about the exercise of transport functions by the authority in the area of the STB.
(2) The power to give a direction by virtue of subsection (1) about the exercise of a function extends only so far as the exercise of the function is relevant to the implementation of the STB’s transport strategy.
(3) Regulations under this section conferring a power to direct may include provision—
(a) for the power to be given generally or subject to conditions or limitations;
(b) for the power to apply to all transport functions or only to those functions specified or described in the regulations;
(c) about the manner in which directions are to be given;
(d) about the consequences arising if there is a contravention of a direction.
(4) Provision under subsection (3)(d) may include provision enabling the STB—
(a) to take any steps it considers appropriate to reverse or modify the effect of a constituent authority exercising a transport function in contravention of the direction, and
(b) to recover any reasonable expenses incurred in taking those steps as a civil debt from the constituent authority.
Boundary and name changes
102Q Change to boundaries of an STB’s area
(1) The Secretary of State may by regulations change the boundaries of the area of an STB by—
(a) adding the area of a relevant authority to an existing area of an STB, or
(b) removing the area of a constituent authority from an existing area of an STB.
(2) Regulations under this section may be made—
(a) only if the constituent authorities have together made a proposal to the Secretary of State for the boundaries to be changed in the manner that would be provided for in the regulations;
(b) in the case of regulations under subsection (1)(a), only if the relevant authority whose area would be added to the area of the STB joins in the making of the proposal;
(c) in the case of regulations under subsection (1)(b), only if the resulting area of the STB meets the condition in section 102E(4).
(3) Regulations under this section changing the boundaries of the area of an STB may be made only if the Secretary of State considers that paragraphs (a) and (b) of section 102F(1) would apply in relation to the area as varied by the regulations.
(4) Regulations under this section may be made only with the consent of—
(a) the STB, and
(b) in the case of regulations under subsection (1)(a), the relevant authority whose area would be added to the area of the STB.
102R Change of name
(1) An STB may change its name by a resolution in accordance with this section.
(2) The resolution must be considered at a meeting of the STB that is specially convened for the purpose.
(3) Particulars of the resolution must be included in the notice of the meeting.
(4) The resolution must be passed at the meeting by not less than twothirds of the members of the STB who vote on it.
(5) An STB which changes it name under this section must—
(a) send notice of the change to the Secretary of State, and
(b) publish the notice in such manner as the Secretary of State may direct.
(6) A change of name under this section does not affect the rights or obligations of the STB or any other person, or render defective any legal proceedings.
(7) Any legal proceedings may be commenced or continued as if there had been no change of name.
Supplementary
102S Incidental etc provision
(1) The Secretary of State may by regulations make incidental, consequential, transitional or supplementary provision for the purposes of, or in consequence of, regulations under this Part or for giving full effect to such regulations.
(2) Regulations under this Part may make different provision for different STBs or otherwise for different purposes.
(3) The provision which may be included by virtue of this section in regulations includes provision for the transfer under the regulations of property, rights and liabilities.
(4) The provision which may be included by virtue of subsection (3) in regulations includes provision—
(a) for the creation or imposition by the Secretary of State of new rights or liabilities in respect of anything transferred under the regulations;
(b) for the management or custody of transferred property;
(c) for bodies to make agreements with respect to any property, income, rights, liabilities and expenses of, and any financial relations between, the parties to the agreement.
(5) The provision which may be included by virtue of this section in regulations includes provision amending, modifying, repealing or revoking any enactment, whenever passed or made.
(6) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
102T Procedure for regulations under this Part
(1) Regulations under this Part must be made by statutory instrument.
(2) A statutory instrument containing regulations under this Part may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(3) At the same time as laying a draft of a statutory instrument containing regulations under this Part before Parliament, the Secretary of State must lay before Parliament a report explaining the effect of the regulations and why the Secretary of State considers it appropriate to make the regulations.
(4) Subsections (2) and (3) do not apply to a statutory instrument that contains regulations only of the following kinds—
(a) regulations under section 102J that make provision under subsection (4) of that section for a function to be exercisable by an STB for a limited period of time;
(b) regulations under section 102J that make provision under subsection (5)(b) of that section;
(c) regulations under section 102K that make provision under subsection (4) of that section for a function to be exercisable by an STB for a limited period of time;
(d) regulations under section 102K that make provision under subsection (5)(b) of that section;
(e) regulations under section 102O(1) that make provision for the purpose mentioned in section 102O(4)(b);
(f) regulations under section 102O(2) that make provision for that purpose or for imposing conditions on the doing of things for a commercial purpose.
(5) A statutory instrument to which subsections (2) and (3) do not apply is subject to annulment by resolution of either House of Parliament.
(6) If a draft of regulations under this Part would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
102U Interpretation
In this Part—
“combined authority” means a body established as a combined authority under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
“constituent authority”, in relation to an STB, has the meaning given by section 102F(4);
“ITA” means an Integrated Transport Authority for an integrated transport area in England;
“Passenger Transport Executive” means a body which is such an Executive for the purposes of Part 2 of the Transport Act 1968;
“relevant authority” has the meaning given by section 102E(5);
“STB” has the meaning given by section 102E(2);
“transport functions” means any statutory functions relating to transport;
“transport strategy” has the meaning given by section 102I(11);
“unitary district council” means a district council whose area is not part of the area of a county council.””

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

My Lords, in speaking to Commons Amendment 53 I shall also speak to Amendments 77, 85, 86 and 87. In the summer 2015 Budget, my right honourable friend the Chancellor of the Exchequer reaffirmed the Government’s commitment to the northern powerhouse, a fundamental part of our plan to deliver a healthy and balanced economy for working people across this United Kingdom. The provisions on sub-national transport bodies—STBs—we are debating today were introduced in the last Session and passed through the other place without amendment. I thank all Members and in particular my honourable friend Andrew Jones for that.

These provisions on STBs are a continuation of the revolution going on in the way we govern England. The Government are committed to devolve powers and budgets to boost local growth, which can be seen throughout this Bill. While we are investing record sums in transport across the country—in the north this amounts to £13 billion on transport in this Parliament —we have for far too long accepted that decision-making on that funding has to be made in Whitehall. We need greater local input from those who know their economies best if we want to transform growth in the north and throughout the country. Transport will make a significant difference to that transformation by reducing journey time between the great cities of the north, pooling their strengths and making them greater than the sum of their parts—in short, a northern powerhouse.

Transport for the North is already established and is the unified voice of transport in the north of England. We are working with TfN and other transport bodies on road and rail links in the north and on an integrated smart ticketing system akin to the Oyster card we have in London. I also welcome the recent appointments of John Cridland as chair and David Brown as CEO to drive forward progress.

My right honourable friend the Chancellor also announced extra funding for TfN in the summer but if we want to see long-term permanence and stability, TfN—and all other STBs—need to be put on a statutory footing. This new clause on sub-national transport bodies will do just that. It creates the legislative framework to allow the Government to set up the first STB, which will be Transport for the North. This will be done by secondary legislation, but other areas could come forward to propose that they are also created as an STB.

STBs will initially advise the Secretary of State for Transport on strategic transport schemes and investment priorities in their own area. The Secretary of State may grant individual STBs additional responsibilities around the decision-making and delivery of strategic transport schemes and significant cross-regional schemes such as the work TfN is already undertaking on smart ticketing. There is also the potential to assume more strategic transport responsibilities over time.

However, as I have already said, this clause goes further than TfN alone. It provides a way to create STBs across the whole of England, outside London, at the request of local areas. For example, noble Lords will know of the newly strengthened Midlands Connect Partnership, which brings together 26 local authorities and 11 local enterprise partnerships, working with national agencies and government to drive forward improved transport links across the Midlands to power the Midlands engine. Accordingly, it is necessary for TfN, Midlands Connect and all future STBs to be enshrined as statutory bodies with appropriate statutory powers, and I commend the amendment to the House.

--- Later in debate ---

[Lord Smith of Leigh]

My Lords, I also welcome these amendments, and I thank the Minister for the way that he has introduced them. Obviously, this is very important activity, and without statutory backing Transport for the North has already had a major in-fight over agreeing the northern franchises for the rail networks that affect all our northern counties.

In terms of reporting back, I assure the noble Lord, Lord Shipley, that in the process of franchising we in Greater Manchester have had regular reports from our delegates at Transport for the North. There is accountability for what goes on.

I will probably upset the Minister but, while I am on my feet, I will say that one of the great aspects of the deal for devolution in Greater Manchester was the prospect of franchising the buses, which of course account for the vast majority of transport movements in those areas that are involved. I recognise that that will come under separate legislation, a buses Bill, but we still await sight of that Bill and hope that it is not going to be too long.

[Lord Ahmad of Wimbledon]

My Lords, I thank all noble Lords for their contributions.

I want to pick up on the point made by the noble Lord, Lord Smith, in response to the noble Lord, Lord Shipley. There is accountability, and that accountability is very much to the stakeholders that make up the particular STB. As for the limits or extension of these areas, that will very much be dependent on the local authorities themselves and the collaboration that takes place. The key point I emphasise is one of strategic decision-making, which is the intention behind the creation of such bodies, as we are already seeing with the creation of TfN. Indeed, the reason behind putting TfN on a statutory footing is that the very bodies that make it up have also requested this.

I will now pick up some of the questions raised by noble Lords. The noble Lord, Lord Shipley, also asked about annual reporting. The legislation makes it clear that STBs shall produce and publish their strategy and updates to that strategy. That can be seen with TfN, which produced its additional reports in March 2015 and has plans for annual updates, the next being in March 2016.

The noble Lord, Lord Beecham, asked about the extent to which different modes of transport are covered by STBs. The whole essence of sub-national transport bodies will be to cater for all modes of transport within a defined geography, including ports and airports. This can already be seen in the work of TfN, which has set out quite clearly its plans for all modes of transport, including ports and airports. I take on board totally the point the noble Lord made that this is not just about linking up rail and roads; it is about ensuring that, where there are ports and airports, these also form part of the strategic transport strategy for a given geographical region.

The noble Lord, Lord Beecham, also asked about the size of STBs. As I have already said, it is really up to the local areas to come forward with proposals; it is about bringing together local authorities. There may be some traditionally defined areas, but it is about how local authorities can come together and collaborate across traditional borders to ensure the best result for a particular region. In terms of the requirements, there must be two appropriate authorities to form an STB.

[Lord Beecham]

A particular authority or area might want to belong to two such networks. For example, one can see clearly that there is a case for the north-east and Cumbria coming together on the horizontal routes. Equally, Cumbria might want to go south towards my noble friend Lord Smith and vice versa. Is it possible to belong to two such networks?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

It is dependent on how the STB proposals come back. However, in practice, I cannot see a deterrent to that because this is about providing strategic links. I am sure all noble Lords will welcome a linking up between the noble Lords, Lord Beecham and Lord Smith, on strategic transport arrangements. The idea behind this is to empower local authorities to make the right decisions for their particular area.

As to specific local authorities belonging to two networks through legislation, what would happen in the scenario painted by the noble Lord is that if a local authority is already part of an STB, there is nothing stopping that local authority, after the creation of a new STB, being co-opted on to the other to ensure that that strategic link is operational.

The noble Lord, Lord Shipley, referred to placing a limit on the period for regulations. The very nature of the temporary transfer of functions is that there will be a clearly limited interim time for this. If a temporary transfer of functions works well and there is evidence to show that there would be value in effecting a permanent transfer, there would be further regulations to ensure that that could take place.

I hope I have answered the questions that have been raised.

[Lord Smith of Leigh]

Could the Minister comment on the buses Bill and when we are likely to see it?

[Lord Ahmad of Wimbledon]

I raised the issue of the buses Bill when I was being briefed for this Bill. I know that it is being drafted and we are looking for appropriate parliamentary time to ensure that we can introduce it at the earliest opportunity.

I again thank all noble Lords for their support for the amendment.

[Lord Mackay of Clashfern]

I think new Section 102T deals with the point made by the noble Lord, Lord Shipley, about requiring affirmative resolution for the generality of regulations under this provision.

[Lord Ahmad of Wimbledon]

As ever, my noble and learned friend is correct.

Motion agreed.