Transport (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2023

Debate between Lord Tunnicliffe and Lord Offord of Garvel

Tuesday 17th January 2023 Grand Committee

[Lord Offord of Garvel (Con)]

I thank noble Lords very much for those succinct questions. I turn first to the noble Lord, Lord Bruce, and the operation of the low-emission zones. These are appearing in all parts of the UK. They tend to be devolved to local authorities, which are in a position to make up their own minds how they operate. We have them going in London and Oxford; in Scotland, Glasgow is now in its pilot. They are very much a devolved matter to allow the local authority to decide how to operate them in its own area. In fact, this whole order simply implements the devolved settlement.

The noble Lord, Lord Tunnicliffe, asked why it has taken so long, with the 2019 Act now coming here in 2023. I guess it is not the first time that legislation in Scotland has taken a while to come through the system. There is nothing particularly controversial in this; I assume it is just how the wheels have turned. This is very much to allow the Scottish Government to proceed with their traffic Bill, and we are working in co-operation with the Scottish Government. Low-emission zones will therefore be run by the local authorities.

The specific question about the ferries is a good one. The briefing I have here is very much in relation to the buses, because there will be some changes to the bussing arrangements. It is a change from the established system of quality partnerships to a new partnership basis, where the local authority will have a different arrangement with franchise operators. The noble Lord, Lord Bruce, is absolutely right to say that there is very little competition on the ferries, with Western Ferries perhaps being one of the few cases where there is. If the noble Lord does not mind, I will follow up specifically on that because the buses point is well covered but the ferries point is not covered quite so well.

On the other questions that arose, the DVLA remains in Swansea and remains a UK institution. All this does is to allow the transfer of information effectively from the DVLA to the Scottish authorities, so that will remain in place. Similarly, the Joint Air Quality Unit shall remain. The whole point of devolution is to allow the UK institutions to remain in place and the Scottish Government to interact with them.

In terms of the justice impact, there is always an impact assessment done on legislation. That is done by the Scottish Government on their legislation; we do not do a further impact assessment. The Scottish Government have done their impact assessment on this Act and they consider it to be positive for the community and the people of Scotland.

There is a similar issue around the role of the CMA and the Competition Act. We are not changing anything to do with UK law around the Competition Act. It remains absolutely as it was before; all we are doing is making a provision for bespoke competition regimes to apply, and it is part of the devolution settlement that that is the case. This is very much Scotland being allowed to run its own transport system and to make its own decisions locally, but by referencing UK institutions when required.

[Lord Tunnicliffe (Lab)]

Can I help the Minister by defining my question more precisely? In that paragraph there is a balance between two concepts: one is better buses and the other is preserving competition. Somebody has to decide which of those arguments works. I would have thought that could result in the CMA coming into conflict with the Scottish Government or the Scottish local authority that wants to introduce a much better bus service, or have I totally misread that?

[Lord Offord of Garvel (Con)]

The local rules for competition will be set by the Scottish Government within the Scottish jurisdiction. The whole point of this is to allow them to do that; they will set their own rules, hence the reason for changing the arrangements around buses. Under this order, the Scottish Government are able to implement the Act that allows them to change the competition rules for themselves, within their country. That is fully devolved to the Scottish Government.

[Lord Tunnicliffe (Lab)]

Would the Minister be kind enough to review that answer and, if he is not entirely happy with it, write to me?

[Lord Offord of Garvel (Con)]

I would be very happy to clarify that point. We have covered the matters raised, so I will finish by reflecting and agreeing with the noble Lord, Lord Bruce, on how the majority of business done between the two Governments is done by officials, behind the scenes, reasonably competently. We work very hard to do that through the interministerial groups that we now have with the Scottish Government. We have a very difficult situation in the other place today—the first time a Section 35 order has ever been implemented—but, on the whole, we work together closely. On that basis, I beg to move.