Bus Services Bill [HL]

Baroness Campbell of Surbiton Excerpts

Report: 2nd sitting (Hansard - part two): House of Lords
Monday 24th October 2016 Lords Chamber

Moved by

[Baroness Campbell of Surbiton]

67: Clause 9, page 40, line 37, at end insert—
“( ) The requirements that may be specified in an enhanced partnership scheme must include requirements for operators to establish and publish policies to protect the interests of disabled people using its services and to facilitate such use.”

[Baroness Campbell of Surbiton (CB)]

My Lords, in moving Amendment 67 in my name, I add my support for all the other amendments in this group, which will enhance bus accessibility for disabled people.

Amendment 67 would require bus operators,

“to establish and publish policies to protect the interests of disabled people”,

and actively help them to use bus services. Companies that failed to comply would be subject to sanctions. This is intended to mirror the system of disabled people’s protection policies—DPPPs—in the rail sector, where train operators must set up and comply with such a policy as a condition of their licence. The Minister will remember that I proposed a DPPP-like system for the bus sector at Second Reading. I argued that it would aid consistency of service across local authority boundaries, thus encouraging a more coherent transport service for older and disabled people.

The Minister kindly met me recently to discuss my proposal and has since followed up with a very helpful letter, which he hoped would address my concerns. I thank him for his efforts—they were good efforts—to ensure that disability access will be covered in government guidance for local transport authorities. That is a positive step, which I welcome. But—and it is a big but—it will not be enough to ensure that accessibility is delivered by bus companies. Guidance without statutory backing or any enforcement behind it can be ignored with impunity—and, let us face it, we have plenty of experience of public services doing just that. Guidance is fine, but we know that it can be left on the shelf and ignored. People may start with good intentions but, in reality, other priorities invariably get in the way.

The Government set great store by an integrated transport system. That means integration not only across the piece so that buses connect with trains but between bus companies. Passengers should be confident of finding similar standards of service wherever they are. If this is tackled only through local transport authorities, it will leave a gap and quality standards will inevitably be patchy. The bus operators are an absolutely pivotal part of the equation. Bus drivers are the interface with the public. Their attitude makes all the difference to disabled passengers’ experience of a ride on the bus. Bus companies need to know what they have to do and, especially, what happens if they do not do it. Enforcement of the rules must be there as a disincentive to those who would flout them. That is why local transport authorities should impose requirements on bus operators under the schemes. Amendment 67 will make that happen. It will reinforce and complement the actions that local transport authorities take under government guidance. That will create a true partnership.

I understand that the Government are concerned to avoid any increased financial burden on struggling bus companies but I really do not believe that that will happen. In any event, the Government agree that bus operators should be making their services accessible and must factor accessibility into their costs. The Bill creates a raft of new enforcement powers for traffic commissioners. They will have the opportunity to promote good standards of behaviour, such as inclusive policies, and attach conditions to licences which will be enforceable. Why not include the requirement for bus operators to publish their policies for protecting disabled people? It makes sense. Why not use traffic commissioners as the licensing and enforcement body? After all, that is their job.

If these arguments still do not persuade the Minister to change his mind on this amendment, I propose an alternative solution. The Government have tabled Amendment 101 for a regulation-making power under the Equality Act 2010 to require accessible information—notably audio-visual announcements—on buses, backed by statutory guidance. That approach could equally apply to DPPP-like policies. Bus companies would have to comply with the requirements as a condition of their licence. If they failed to do so, a traffic commissioner could impose sanctions. It would also address the Minister’s concerns about the structure of the bus sector being different from that of the rail sector. The regulations would provide flexibility.

Guidance is a step in the right direction, but it is not enough. I urge the Minister to reconsider Amendment 67. By accepting it, the Government will ensure that disabled people will enjoy the same right to travel as their able-bodied peers, and secure a truly inclusive bus network for all their citizens. Guidance simply will not do this. I urge the Minister to reconsider my amendment or to reflect on and contemplate the alternative solution that I have proposed. I beg to move.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I support all the amendments in this group and shall speak to our Amendments 98 and 110. Before I deal with these, I thank the Minister for his welcome comments on these issues in Committee and for the subsequent proposals he has brought forward. There is no doubt that he has made a genuine attempt to improve the provision for disabled passengers. Of course, we would have liked him to go further, but we welcome the progress that has been made so far.

We particularly endorse the amendment and speech of the noble Baroness, Lady Campbell, who has sought to underpin future partnership agreements with a policy commitment to protect the interests of disabled passengers. The Minister’s response in his recent letter suggests that this policy is best set out in guidance. While we welcome this as far as it goes, we remain convinced that it would be a bolder and clearer commitment if it was in the Bill. We also have a great deal of sympathy with the amendment of the noble Baroness, Lady Brinton, on wheelchair access and hope that this issue can be resolved speedily once the current court case is resolved.

Amendment 98 covers disability training and would ensure that disability training is mandatory for all bus drivers and terminal staff from 1 April 2019. This amendment builds on the good practice that already exists among the better bus operators around the country, but which is not universal. Our amendment would address that inconsistency. That policy has wide support. When we debated this in Committee, and in subsequent discussions with the Minister, he stressed that in 2018 mandatory disability awareness training will come into force courtesy of an EU directive to this effect. We are not convinced by this argument. As the Brexit agenda unfolds, we have even less confidence that a directive due to come into force in 2018 will be listed as an existing obligation and written into a great repeal Bill, or whatever it is eventually called. Under the Prime Minister’s timetable, Article 50 will be tabled at the beginning of 2017, and therefore must be concluded by the beginning of 2019. We therefore believe that there is a real chance that this policy will fall through the crack and not be recognised as an existing obligation in the Brexit discussions. There is also a real chance that bus operators will fail to take the obligation seriously if it is rooted in EU legislation when we are due to leave a few months later. Therefore, why leave this to chance? If the Government believe that the disability training should be compulsory, the safest approach is to put it into our domestic legislation now, so that it can apply from 2019, as would have been the case if we had stayed in the EU. This is what our amendment seeks to achieve.

Our second amendment in this group, Amendment 110, would require all buses to have audio-visual communication systems so that everyone travelling on the service is informed of the route being taken, the name of the next stop and any delays or diversions. As the noble Lord knows, these proposals have the support of more than 30 charities as well as several bus operators. However, only 19% of buses nationally are fitted with AV, so, as we argued in Committee, implementing these requirements would make a vital difference to the lives of more than 2 million people with sight or hearing loss as well as many elderly people, all of whom rely disproportionately on public transport for their independence.

Since our debate in Committee, we have had fruitful discussions on this issue with the Minister. Since we tabled our amendment, the Government have issued a policy statement and their own amendments to the Equality Act to deliver the AV programme we are seeking. I am very grateful to the Minister for their understanding and support on this issue. It could genuinely be a transformative policy and make a huge difference to people’s lives.

--- Later in debate ---

[Baroness Campbell of Surbiton]

I thank the Minister for his response to my amendment and for his offer to meet again. I enjoy our meetings—they are indeed very constructive. I am also pleased that he will consider my alternative proposal, and I would like to discuss that further with him. But he will understand that statements and guidance, however good and well intentioned, will never deliver the result that we need—that is, full, guaranteed access for disabled people. I will not divide the House today; alternatively, I will use my influence with the Minister and in the other place to ensure that Members have all they need to continue pushing forward the intention behind my amendment as the Bill continues its legislative passage—in other words, it does not end here. Disabled people should have the right now to travel on public transport in exactly the same way as their able-bodied peers. I hope that the Government will come to see the advantages of going beyond guidance in the next stage of the Bill as it continues its journey. Until then, I beg leave to withdraw my amendment.

Amendment 67 withdrawn.

Bus Services Bill [HL]

Baroness Campbell of Surbiton Excerpts

3rd reading (Hansard): House of Lords
Wednesday 23rd November 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, Clause 17 was inserted on Report and introduces the accessible information requirement. Certain provisions in the clause extend to Scotland whereas the rest of the Bill extends to England and Wales. A further amendment is required to extend the Bill’s general provisions to Scotland; namely, the power to make consequential provision, the power to make transitional, transitory or saving provision, extent, commencement and the Short Title. These general provisions already extend to England and Wales, and this is very much a technical amendment. I beg to move.

[Baroness Campbell of Surbiton (CB)]

My Lords, I thank the Minister for suggesting in a letter today that I should make a momentary intervention on the accessibility of bus services. Noble Lords will remember that I moved an amendment on Report to make bus companies, as a condition of their licence, produce and publish policies to assist disabled people in using their services. The intention of the amendment was to bring buses completely into line with trains. I also offered the Minister an alternative if he rejected my amendment, which was to follow his own model on AVs and introduce a regulation-making power under the Equality Act to require bus companies to make accessibility policies, again enforceable as a condition of their licence. The Minister kindly said that he would reflect on my offer, and true to his word, a week later we had an extremely helpful and constructive meeting to discuss my proposal in more depth. He said that he would revert to me in around a week.

Unfortunately, he was not able to do so until this morning when I received a letter telling me that while he cannot make a firm commitment today, the dialogue will continue. The Minister emphasises in his letter the need for strong guidance as a back-stop that should be developed with the Disabled Persons Transport Advisory Committee to make bus services more accessible for disabled people. Of course I welcome that, although the Minister knows my views on the deep limitations of guidance incredibly well by now.

I want to express my appreciation to the Minister for his openness and willingness to discuss this issue in depth—and I really mean that. Transport is a lifeline for disabled people as it underpins their inclusion in society. An amendment is not on the table today, although I had hoped it would be, but I am grateful for the offer to work with Andrew Jones MP, the Bill Minister in the other place. I am happy to take up that offer and I thank the Minister for his collaborative approach, which reflects my preferred way of working. As I say, I will definitely take him up on his offer and I have already garnered support from MPs, organisations representing disabled people and disabled people themselves for taking this forward. I hope further discussions in the other place will result in an amendment to enable disabled people to use buses with confidence and with the assistance they need to live independently. At the moment that is not the case, but I believe it can be.

[Baroness Randerson]

My Lords, I take this opportunity to thank the Minister for his courtesy in giving us his time in meetings, and I thank his officials for their work. We are grateful for the care with which he has considered our amendments and has responded to them, even when he was rejecting them.

We on these Benches support the principles behind the Bill and we are pleased that the Government are attempting to improve bus services. For some 30 years, since the Thatcher Government introduced deregulation, bus services outside London have been a story of decline. In contrast, buses have thrived in London within a much more regulated system. Although franchising may not be the whole answer—indeed, may not be the answer used in much of the country—we believe that partnerships have a much more active role to play for local authorities as well as for bus companies. They mark an important way forward.

Good bus services are an important part of a thriving economy. They are the most frequently used form of public transport and are essential to the mobility of older people, young people and, in particular, those who are less well-off. They are essential to the sustainability of rural communities and for a healthy environment. Air quality is a major issue of public concern, as the Government are painfully aware at this time, so frequent, reliable and reasonably priced bus services are key to discouraging car use. We hope the Bill will improve bus services and I hope our contributions on the issues of emissions, disabled access, youth fares and so on have helped to focus the Minister’s mind and those of his colleagues on ways the Bill needed to be improved and on ways in which a more ambitious approach might future-proof the Bill and make it more robust for the years ahead. I hope our work here in this House has done enough to make it strong enough to succeed in its aims.