All 4 Debates between Lord Ahmad of Wimbledon and Lord Woolmer of Leeds

Tue 15th Nov 2016
Wed 12th Oct 2016
Bus Services Bill [HL]
Lords Chamber

Report: 1st sitting: House of Lords

HS2 Update

Debate between Lord Ahmad of Wimbledon and Lord Woolmer of Leeds
Tuesday 15th November 2016

(7 years, 5 months ago)

Lords Chamber
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Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
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I will certainly come back to the noble Lord on his point about the east coast main line, but on his earlier point about Sheffield, I reiterate that the Government are minded to accept David Higgins’s recommendation that HS2 should serve Sheffield city centre. We have also had several meetings about this with the noble Lord, Lord Kerslake, who I do not think is in his place, and we share the noble Lord’s opinion about the importance of providing that city link; the Government are certainly minded to do so.

Lord Woolmer of Leeds Portrait Lord Woolmer of Leeds (Lab)
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My Lords, does the Minister recognise that in Leeds and West Yorkshire, today’s announcements will be very warmly welcomed? I look wryly at the comparison of spending on the NHS in a year with a project that will take 17 years before it is completed. Seventeen years is an awful long time, so while I welcome the strategic decision—many of the underlying details will be very beneficial in Leeds—can the Minister give the House two assurances? First, is funding of HS2 to Leeds robust and clearly thought through, and will it support the delivery of the strategy? Secondly, will the east-west connection, which we called HS3 at one time, not be held up until HS2 is completed, which is in 2033? Heaven forbid that there is no major improvement across the Pennines before 17 years is up.

Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
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First, on the noble Lord’s second point, let me assure him that discussions are already under way with Transport for the North and the appropriate councils on HS3. The importance of today’s decision is that it accommodates the fact that HS3 will be built. It is not an option, it is a question of ensuring that as HS2 is built, it makes appropriate accommodations. The cost remains at £55 billion for HS2 as a project as a whole, which the Government are keeping under close guard and watch to ensure delivery of the programme according not just to budget but to the timelines that have been established.

Bus Services Bill [HL]

Debate between Lord Ahmad of Wimbledon and Lord Woolmer of Leeds
Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
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My Lords, I must admit that we are getting to this juncture slightly later than I anticipated. Nevertheless, we have again had a robust discussion—and this is one of those areas of the Bill that has caused a great deal of discussion. The noble Lord, Lord Kennedy, has proposed a series of amendments, which would enable all authorities listed at Section 123A(4), rather than just mayoral combined authorities, to access franchising powers without the need for regulations to be made or for the Secretary of State’s consent to be given. I want to focus on that first element—on regulations to be made. There would be a further opportunity for Parliament to discuss other authorities that fall within and wish to embark on a franchising route. That is a positive, because it allows Parliament to debate this important issue of franchising further; that should not be forgotten. The amendment in the name of the noble Baroness, Lady Randerson, also seeks to remove the Secretary of State’s consent from the process of accessing franchising powers.

I have had time to reflect on the various contributions and have met with various noble Lords outside the Chamber post-Committee, but it remains the Government’s position that the decision and model we are pursuing is the right one. The noble Lord, Lord Snape, mentioned passengers; we believe that it is the right one for passengers, British businesses and employees in this important sector. Bus companies invest in their staff, buses, new services and improvements for passengers because they expect to achieve long-term benefits. If a local transport authority automatically has the power to pursue bus franchising at any point, the period of investment certainty is reduced. Operators in that area will think twice about these investment decisions. Let us be clear that we are not excluding anyone; we believe that the mayoral authorities have the key differential of having strategic transport as part of their direct responsibilities. When other local authorities see benefits for passengers in bus franchising, the risk of seeking access to franchising will have to be weighed up by the local authority, and their decision may be that the risk is worth taking. Similarly, where a mayoral combined authority has automatic access to franchising powers, there will be a single, elected individual with a fixed term of office with whom the decision on whether to pursue franchising rests. I would be surprised if most mayoral candidates did not set out their position on this issue at hustings or in their electoral manifestos. That remains to be seen.

For the risks that I have outlined to be present in relation to every local transport authority area, whether the authority is interested in franchising or not, is, however, another thing altogether. That is particularly true for investment in buses, where the ability of larger operators to assume they could get a return on their investment by moving a vehicle from one part of the country to another could be compromised. My issue with the amendments is not to do with protecting bus companies or anything to do with a principle of giving franchising powers automatically only to elected mayors. Rather, it is about the period of uncertainty there would be for operators, as my noble friend Lord Attlee said, if all local transport authorities had access to franchising powers as a matter of course. This would have real impacts on bus passengers, British bus manufacturing jobs and employees in the sector.

During our previous debates, noble Lords wanted to understand the kind of criteria that the Secretary of State would be considering as part of giving his consent to franchising. I am sure that noble Lords have received them; we provided them in the draft guidance and policy statement document that was issued to Peers last week—but it is important to summarise those criteria at this juncture. Noble Lords have referred to the issue of the Secretary of State and the powers that the Secretary of State would have. Let me be clear how that decision on franchising would be made.

First, an authority would need to articulate why and how franchising would deliver better bus services and improve the day-to-day experience of passengers. That puts passengers at the heart of that decision. It should also explain why the same outcomes could not be achieved in other ways.

Secondly, a local authority should have the powers to make franchising a success. Controlling local roads and parking policy, as well as having planning responsibilities, are key to being able to manage many of the factors that affect bus usage. If an authority does not have all those levers, it should explain how it will work with other authorities to do so.

That brings me to the third aspect: any decision to implement bus franchising needs to be transparent and accountable. An authority seeking to take up franchising powers should demonstrate clearly how this will be achieved. A named individual, such as a council leader, might be an appropriate approach.

Fourthly, an authority would need to illustrate why the geographical area that it proposes is appropriate. This should take into account travel patterns and consider the potential impact on other local authority areas.

Finally, it is vital that the authority has the capability and resources to deliver franchising. Those that can demonstrate a successful track record in delivering complex projects, a real commitment to improving public transport and explain how they will resource a franchising system would be best placed to apply for consent.

Those are the criteria that the Secretary of State will apply in any decision. I do not think that anyone in this Chamber or beyond would challenge them, because they are the right checks and balances to have in place to make an important long-term investment decision on the provision of local bus services.

We have talked about the differentiation with mayoral combined authorities. I am sure that many noble Lords would acknowledge that they already meet the vast majority of these criteria and have a genuine interest in bus franchising. So it is pragmatic to give them those powers in the Bill. It has been suggested that we are denying other local authorities the model, but that is not the case. We heard from the noble Lord, Lord Berkeley, about Cornwall. As part of devolution discussions, when those criteria can be met, clearly there is a case for other authority structures to be given exactly those powers—but there is a process to be followed. There will be secondary legislation and an affirmative instrument introduced on the type of authority; then it is right that a local authority on a case-by-case basis should show to the Secretary of State that the criteria that I have just illustrated, which are important criteria in making franchising decisions, can be fully met. That is why the Bill requires the Secretary of State’s consent to be sought, following regulations that make the class of authority a franchising authority.

These are important issues that can be considered on a case-by-case basis. It is about long-term investment in the passengers’ interests. Under the criteria that I have outlined, franchising will be an option when it makes sense for passengers, it is clear that the authority can deliver on its promises and the authority concerned is clear how it will reach transparent and accountable decisions.

The prior requirement for regulations to enable other categories of authorities to become franchising authorities also serves an important purpose. It ensures that all of us here and in the other place—all of us in Parliament—are able to scrutinise the appropriateness of such a category of authorities before becoming a franchising authority. The existence of this step on the route to accessing franchising powers provides for that clarity and certainty of investment for bus operators serving types of authority that do not have automatic access to franchising powers.

The removal of such a parliamentary process, and the removal of the need for the Secretary of State’s consent, would reduce the period of certainty in the bus market with the potential for reduced investment and less—

Lord Woolmer of Leeds Portrait Lord Woolmer of Leeds (Lab)
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The Minister spoke of categories of authorities, which are referred to in the Bill. In the case of non-mayoral combined authorities, for example, would an individual non-mayoral combined authority be able to apply under these regulations separately from the others or would the Minister seek to judge whether any such non-mayoral combined authority would qualify? If it were the latter, an individual non-mayoral combined authority could very well be placed under the criteria that the Minister has set out, but other non-mayoral authorities may not be. Can the Minister explain whether these regulations in the first part of the Bill relate to categories of authorities or individual authorities?

Bus Services Bill [HL]

Debate between Lord Ahmad of Wimbledon and Lord Woolmer of Leeds
Monday 4th July 2016

(7 years, 9 months ago)

Lords Chamber
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Lord Woolmer of Leeds Portrait Lord Woolmer of Leeds
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Let me give a specific example. If West Yorkshire Combined Authority agreed tomorrow to have a mayoral structure, presumably that would immediately parachute it from one part of this Bill into another. I agree with the noble Lord in his remarks that that is bizarre. It would be very welcome, but as I say it is bizarre. That is not transport policy, it is a political policy on mayoral authorities.

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

Bus Services Bill [HL]

Debate between Lord Ahmad of Wimbledon and Lord Woolmer of Leeds
Wednesday 29th June 2016

(7 years, 10 months ago)

Lords Chamber
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Lord Woolmer of Leeds Portrait Lord Woolmer of Leeds (Lab)
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Before the Minister responds, may I take up the point raised by my noble friend Lord Snape? It is true that some small bus operators may have run services that were not desirable or sustainable but, as the impact assessment makes clear, it is also true that there is often little real competition between the large bus operators. They operate, and have operated—certainly in West Yorkshire—in a predatory manner, to reduce competition and squeeze out smaller and new operators. That side of the reality needs to be included in the balance. That is one of the reasons why I support the Bill, why I commend the Government for their frankness in assessing all this, and why, later, I shall speak strongly in favour of franchising.

Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
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My Lords, I again thank all noble Lords for their contributions. The noble Lord, Lord Berkeley, clarified the point. I think the noble Lord, Lord Bradshaw, spoke primarily to the next amendment that we shall discuss. We shall come to that, so I will cover the issues of congestion and so on in the next debate. Now, I shall deal with the amendments before us.

In relation to Amendment 6, the aim of the quality partnership under the Transport Act 2000 and the new proposals for the advanced quality partnerships in the Bill is to define a range of measures that are jointly provided by bus operators and the local authority in a defined area. For bus operators, these requirements are binding. To use any facilities, such as new bus stops or shelters, or to take advantage of any other measures introduced by the local authority to make buses more attractive to passengers, those operators must meet the standards of service specified in the scheme. That provides clarity for both sides.

The amendment suggested by the noble Lord seeks to impose outcomes on bus operators outside an advanced quality partnership regime. This would have the effect of mandating that every local bus service in England be governed by some sort of scheme that imposed the requirements of subsection (6). I must remind noble Lords that most bus services in England, outside London, are currently deregulated, in the sense that it is for commercial bus operators to decide how and where those services are provided. The quality partnerships regime is intended for use where a local authority believes, or authorities acting together believe, that particular requirements need to be imposed on operators to improve bus services in particular ways in a defined area. Failure to meet those requirements can result in a traffic commissioner taking enforcement action.

While it may be generally desirable for the outcomes of subsection (6) to apply to all bus services, it is for individual bus operators running services on a commercial basis in a deregulated market to decide to what extent those objectives are achieved or achievable.