Bus Services Bill [HL]

Lord Judd Excerpts

Wednesday 20th July 2016 Lords Chamber

[Lord Snape]

I well understand that; I just wonder how we can resolve it by legislation. It is easy for us in this Chamber to look at these matters dispassionately and say, “The driver is in the right” or “The passenger should know who should occupy a particular place on the bus”. I respectfully think that what the noble Baroness suggests is easier said than done on a crowded rush-hour vehicle with a driver in a cab, sealed off as most of them are these days. I understand her need for clarification, but I very much doubt that it would resolve the situation. I hope that the Minister will be able to tell us; after all, that is what he is paid for.

[Lord Judd (Lab)]

My Lords, these are helpful and constructive amendments but, as with all amendments of this kind, they raise new issues. I am one of those who believes that you cannot get these issues right simply by rules and regulations; you have to win the battle of public commitment. It will not be easy for the driver to be as effective as he should be with the authority at his disposal unless the majority of people on the bus have a supportive attitude to what he does. If enough people are hostile, it could make it difficult for him on his own. Similarly, the bus operators need to take seriously the information displays in the bus about what the rules are. For example, in London there are arrangements for preference for disabled, elderly and frail people, but they are of course voluntary. It often strikes me that those notices are in very small print and not obvious to everyone who is travelling, particularly when the travellers may be an international group of people with language issues and so on. When the Minister responds, it will be important that he says what part the Government intend to play in ensuring the promotion of a public culture of understanding and support for those who have the front-line responsibility of making the practical arrangements work.

[Baroness Randerson (LD)]

My Lords, I support the amendments in the names of the noble Baronesses, Lady Brinton and Lady Campbell, and will speak to my own Amendment 126, which is about audio-visual display. I disagree fundamentally with the noble Lord, Lord Snape. I was on a train yesterday and, between stations, my travelling companion cast doubt on whether we were really going to the destination to which we thought we were. When you are sitting and watching the display, it cannot come round soon enough. It may seem like an overprovision at some points. I understand that having the announcement again and again might seem repetitive to people on the bus for 20 stops, but the person on the bus for one stop has only one opportunity. It is often difficult to grasp that opportunity because of the noise on a crowded bus.

As someone with severe hearing loss, my interest is in the need for the announcements to be both visual and audio. I recently took a number of buses to new destinations in London on a weekend of childminding, which made me reflect on how important the visual display is—and not just for people who cannot hear the audio announcements. It is important for everyone who sits in the front third of the bus because, in London, the visual display is about a third of the way down the bus. If you are in the front seats, you cannot see that visual display so you rely on the audio announcement. That is important for everyone.

It is also worth noting that London buses are often very full, as they are in other parts of the country, and you cannot see the display for the people standing. Therefore, the system that we praise in London has proved the need for it to be spread throughout the country. Only 19% of buses in England have audio-visual displays, and 97% of that 19% are in London. That means very few buses anywhere outside London have displays and announcements. There is absolutely no reason why they should not be spread everywhere. This is not cutting-edge technology; it is not trying to develop the best and newest way of providing, let us say, electric buses; this is tried and tested. Asking the driver or other passengers is difficult, sometimes counterproductive and can be unreliable.

There seems to be a comfortable view in the industry that only regular passengers ever travel. That is so wrong. In the modern world, people travel to new parts of the country where they do not have a clue what places they are travelling through. Research shows time and again that uncertainty about the route and where to alight is one of the major factors deterring new passengers. I return to the principle behind the Bill: we should be attracting new people to the buses in order to have a flourishing industry.

I briefly refer to another issue raised in previous debate on the Bill: driver training. My noble friend Lady Brinton talked about the importance of training drivers so that they understand the nature of the disabilities they are dealing with and are empowered by their training. The Minister suggested in the kindest terms that I might be incorrect in saying that drivers do not have to achieve specific standards. I have had clarification of that now.

The periodic training to keep drivers’ qualifications up to date is the problem. All CQC periodic training providers have to register with the Joint Approvals Unit for Periodic Training, which was set up in 2007. It offers a quality mark to employers and driver training courses to maintain their licence. The advice for those running periodic training courses specifically states that you cannot have formal exams or tests within periodic training, and as a trainer you cannot issue a pass or fail for the evaluation session. Not only does government guidance not require the testing of trainees, it specifically excludes it.

As I have said before, being a bus driver is a very difficult job. I have huge admiration for bus drivers. They deal with passengers and very difficult traffic conditions and need to be empowered by the highest quality training. I urge the Minister to look again at the regulations so that we treat drivers fairly by ensuring that they are given the best quality training.

[Lord Low of Dalston (CB)]

My Lords, I take the point of the noble Lord, Lord Judd, that measures to benefit disabled people will never be fully effective until there is full public commitment to them, but I put it to him—and I am sure that he would agree—that getting the law right is all-important in getting the framework in which public opinion is shaped.

[Lord Judd]

I totally agree.

[Lord Low of Dalston]

I am most grateful for that—we are in complete accord.

I put my name to Amendment 126 in the name of the noble Baroness, Lady Jones of Whitchurch, so I shall devote my remarks to that. It would amend the Public Service Vehicles Accessibility Regulations to require all new buses to have audio-visual information. These regulations already contain standards for wheelchair access, but AV is essential if the access needs of those with visual impairments and hearing loss are to be met. As someone with a visual impairment myself, I have an obvious interest in this, which I readily declare. The rail vehicle accessibility regulations require audio-visual information in respect of new trains and light rail systems. This amendment would bring the requirement for buses into line with that for trains and so create a level playing field between the two.

The need for audio-visual information does not just concern a tiny minority. An ageing population and the increasing incidence of diabetes mean that the number of people with sight loss is predicted to reach 4 million in this country by 2050. A voluntary approach to this is not working. Due to the lack of a requirement, as the noble Baroness, Lady Randerson, has told us, only 19% of buses have AV, and the majority of those are in London. According to a 2011 Department for Transport study, 97% of buses with AV are in London. But AV is increasingly affordable; the department has found that it could cost as little as £5.75 million a year to fit all new buses in the UK with audio-visual information. The Government acknowledge that the technology is increasingly affordable. In a Written Answer to Dawn Butler MP on 21 June, the Minister responsible for buses, Andrew Jones, said:

“Previously, the systems to provide such information have been expensive to fit and maintain, but I understand that new technology may make it more affordable … We are currently considering the most appropriate next steps, but in the meantime I encourage bus operators to consider the benefits of better, more accessible information for all their customers”.

Audio-visual information is useful not only to disabled people. Tourists and anyone travelling in an unfamiliar location can find it helpful. AV also brings financial benefits to bus operators. Trentbarton bus company, which has AV on its buses, found that 85% of all passengers found the announcements useful. Oxford Bus Company has estimated that, with advertising, its AV systems will pay for themselves within two years of installation and result in a profit.

The Minister said at Second Reading that the Bill will allow new accessibility standards, such as talking buses, to be set locally, in response to the needs of local communities. The requirements that people with disabilities have to access transport do not vary from region to region; therefore, the standards that operators need to meet should be national ones to enable people to use buses with confidence wherever they are in the country.

Bus operators have largely failed to improve accessibility. The big five operators, which operate 70% of bus services in the UK, have demonstrated little willingness to make AV standard across their fleets. This Bill is an acknowledgement of the limitations of an entirely deregulated bus market. The lack of action by the larger bus operators to improve the accessibility of buses for people with sight loss makes it clear that this is also an area where regulation is required. This House’s Select Committee on the Equality Act 2010 and Disability, which reported last March, recommended that no new vehicles should be put into service which do not have AV annunciators and that the Public Service Vehicle Accessibility Regulations 2000 should be amended accordingly. Amendment 126 would give effect to that recommendation, and I support it strongly.

--- Later in debate ---

[Baroness Jones of Whitchurch (Lab)]

My Lords, I support the amendment tabled by the noble Baronesses, Lady Campbell and Lady Brinton. I shall speak also to Amendments 122 and 126 in my name. I am very grateful for the support of noble Lords who have spoken on them.

These amendments build on the requirements in the Equality Act 2010 for businesses to make reasonable adjustments to ensure that people with disabilities can access goods and services. Action on these issues is vital as the Department for Work and Pensions survey shows that 37% of disabled respondents found transport accessibility a significant barrier to work. We clearly have a long way to go to create a service to which all potential users have access.

Amendment 122 is, I hope, straightforward. It builds on the good practice that exists among enlightened bus operators around the country. It requires all bus operators to provide compulsory, approved equality and disability awareness training by 1 April 2019. It makes the important point that disability is not always obvious and can include mental and other hidden disabilities. We believe that all bus drivers need the skills to identify these potential disabilities, understand the legal framework that applies and have the confidence to intervene effectively when problems arise. I take the point made by my noble friend Lord Judd about the need for public awareness training, but it has to be underpinned by clear legislation and training. In my experience, the public are much more aware of and sympathetic to these issues than we give them credit for. Quite often it is members of the public who come to the rescue of people who are trying to get on to transport; they want to help but do not feel they are getting the support they need to intervene.

We contend that it is not good enough to provide this training on a voluntary or ad hoc basis. With all equality training, the experience is that those who acknowledge that they need the training the most do not really need it: it is those who have to be forced to go on the training who need it the most. It has to be a universal and regular provision.

I ask the Minister for clarification on the Brexit implications of the proposals. As I understand it, Britain currently has a five-year exemption from the EU directive requiring bus drivers and terminal staff to undergo disability awareness training. The exemption runs out in 2018, and we would have expected the requirement to have been put in UK law by then. Will the Minister clarify the status of that obligation now? Is the department on course to implement it, or is this something that can now be achieved more quickly, perhaps through the vehicle of the Bill by adopting our amendment or something similar?

Our Amendment 126 addresses the need for all buses to have audio-visual communication systems to advise passengers of the next stop, any delays and any diversions from the published timetable. The amendment has the support of over 30 charities and bus providers. It would make a vital difference to the lives of almost 2 million people with sight loss, as well as many elderly people who rely on public transport for their independence. As the noble Baroness, Lady Randerson, said, currently only 19% of buses are fitted with AV. Those of us who travel regularly by bus in London realise how liberating and reassuring the service can be, and indeed it frees the driver to concentrate on the roads. I say to my noble friend Lord Snape that I travel on London buses a lot and I have never been irritated by the voice of the AV system; I always find it soothing and reassuring.

It is not like that in the rest of the country, though; a recent Guide Dogs report showed that seven in 10 passengers with sight loss have missed a stop because the driver has forgotten to tell them where to get off. Understandably, this is both distressing and potentially dangerous. AV provision already applies to all new trains. It makes sense to replicate that provision for buses so that we can have a properly integrated public transport system with equal rights and facilities across the piece.

As we have heard, some bus operators have argued that the cost could be prohibitive, but we do not accept that. The latest estimates are that it could be installed for around £2,000 per bus. At the noble Lord, Lord Low, said, a recent study in Oxford showed that if the messenger system was also allowed to include adverts, it could pay for itself in two years. When we met the Minister, Andrew Jones, at the start of the process, he seemed sympathetic to the arguments that have been put on this issue. I understand that he has since said he accepts that the costs have come down, and is therefore reflecting on the next steps. I am also grateful to the Minister here for our earlier meeting on the issues that are covered in the amendments, and I know that more discussions are being planned. I hope the Minister will be able to give us some good news today, and will feel able to confirm that he is prepared to support the amendments.

[Lord Judd]

I would like to pick up something that my noble friend has said. I hope that in her concern to bring home—and I applaud this—just how concerned and helpful so many people are about the plight of the disabled, we do not play down the importance of public education. I travel on London buses a good deal as well, and it is sometimes extremely exasperating to see able-bodied people sitting firmly and almost defiantly in the seats that are supposed to be available, and not giving way. Therefore it is important that there is a culture of support within the bus. I do not advocate a sort of indoctrination programme but suggest that if we have an effective public awareness programme with the maximum possible amount of helpful information about what is expected of people on the bus itself, that will support the majority of people, who are concerned and want to help. As so often in life, a small number of people cause the problems, so you want an atmosphere in which those who are concerned about this are actively supportive of the bus driver.

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

My Lords, I thank all noble Lords who have taken part in this extremely important debate on a particularly important Bill. If one reflects just on the events of recent weeks, perhaps much can be made of the progress of the Bus Services Bill, in sometimes turbulent waters. Certainly the Bill is progressing on time—albeit that there has been a small delay because of discussions about our position on our exit from the European Union, which is understandable.

At this juncture I also thank the noble Lord, Lord Snape, in particular, for welcoming me back to the Dispatch Box. Confucius said, “We live in interesting times”—and sometimes, when reshuffles occur, in uncertain times. However, on this occasion I return to the Department for Transport as a full-time Minister. I do so as the Minister for Aviation, among other things, so I am sure that I will enjoy some interesting debates in your Lordships’ House as the Minister responsible for that portfolio.