Bus Services (No. 2) Bill [HL]

Baroness Pidgeon Excerpts

2nd reading
Wednesday 8th January 2025 Lords Chamber

[Baroness Pidgeon (LD)]

As I rise to speak, I first want to acknowledge the great contribution that the noble Baroness, Lady Randerson, made to this House over many years, not least on transport legislation. I thank the Minister for his tribute. She was such a good friend to me and had acted as my mentor ever since I joined this House last year. Although the time I had with her was so much shorter than it should have been, I benefited greatly from her guidance and wisdom over the last few months and I will miss her wise counsel.

Lady Randerson was the transport spokesperson on these Benches from 2015. and established herself as a strong champion for passengers and for improved and accessible public transport. She was a much-respected Minister in Cardiff Bay and Westminster and held many other posts, including the chancellorship of Cardiff University. Her humour, wisdom and intellect will be hugely missed by the Liberal Democrat family, by the wider House and in the political life of Wales and the UK. On these Benches, we are already feeling her absence deeply—not least right now, when she should be sitting next to me and taking part in this Second Reading debate. The House will miss her contribution today; she was working on it only last week. We will do our best to continue that work.

More than 1.6 billion passenger journeys were made by bus across England, outside London, in 2023. As we have already heard, buses are essential for people to get to school, college, work or appointments and to have access to shops and leisure. A good bus service provides wider economic and social benefits for local communities, businesses and public services.

In its independent bus user survey, Transport Focus found that the timeliness of bus services is one of the key factors for a good experience for passengers, as is the quality of the bus driver in providing the service. I hope that this legislation will help deliver the quality bus services that passengers desire and protect lifeline bus services, which serve rural communities in particular.

We on the Liberal Democrat Benches welcome this legislation, which looks to improve bus services across England, grow the number of passengers using buses and ensure a more reliable network connecting people and places. We recognise that bus services in many communities across the country fall far short of the required standard and level of service. In particular, we welcome the aims to empower local leaders to choose the bus operating model that works for their local area and to provide powers to underpin those models. There is no one-size-fits-all approach given that, on the one hand, we have places such as London—although it is excluded from this legislation—working with a franchise model, and, on the other hand, we have urban towns and cities operating a decent bus network in some places and, in others, less so. Then we have rural areas with different needs and costs associated with running even a very basic service. Each area will want to adopt an option that suits its geography and community.

Rural areas remain severely underserved when it comes to bus services, with provision often unreliable and inadequate. In North Shropshire, an estimated 63% of bus miles have been cut since 2015. These reductions are having a significant impact on communities. Too often, elderly people are forced to rely on family members for transport when what they really need is a dependable, accessible bus network that allows them to travel independently. Without this, many struggle to reach vital amenities such as shops, health services and hospitals. An extraordinary example is the local campaign to establish a bus route from Fleet in Hampshire to the local hospital, as no such service currently exists. With a population of 40,000-odd people in Fleet and its neighbouring towns, the hospital car park often experiences a 45-minute queue, yet there is no bus service.

Adding to the challenge of infrequent bus services is the lack of adequate technological infrastructure. In many rural constituencies, real-time bus information is either unavailable or inaccurate. Bus apps, which could help the user experience, are rendered useless by poor mobile signal, and basic bus information at bus stops can be non-existent. This situation must change. Reliable public transport is not a luxury; it is a necessity, especially for those who are most vulnerable. By addressing these issues in this legislation, we can ensure that rural areas are better connected, thus supporting residents and improving their quality of life.

Alongside empowering local leaders, we also welcome the provision to devolve powers to local transport authorities to design and pay grants to bus operators. Yet new Section 154A provides the Secretary of State with a delegated power to issue statutory guidance on the exercise of the payment and design powers that are to be devolved. This seems contradictory. Can the Minister clarify whether this is genuine devolution or local authorities simply implementing what the department requires?

As noble Lords will be aware, current bus funding is complicated, with different funding pots across the country: from bus service improvement plan funding, BSIP+, Network North BSIP, zero-emission bus regional areas, ZEBRA 2, local transport funds, BSOG and so on. There are so many areas. As we have seen, Portsmouth has a strong enhanced partnership: through bidding, it has managed to secure £235.76 per head of population for its bus services. This can be compared to places such as Swindon, which has secured a mere £3.98 per head. The Campaign for Better Transport highlighted these discrepancies in its recent report on bus funding. For greater clarity, can the Minister say whether funding will be provided alongside this devolution, with local transport authorities able to decide how best to support financially their local bus services rather than being directed from Whitehall? Genuine devolution to ensure that local bus services meet the needs of local communities, with funding to make it happen, is absolutely essential. Powers with no funding will not transform our bus services.

An unfortunate area that is missing from this Bill relates to fares. The final-stage impact assessment states:

“There may also be benefits associated with increasing bus usage through lowering fares”.


It also states:

“Increased fares, unreliable services and fewer routes would likely drive more people away from buses, further reducing passenger numbers”.


This is critical as many of the most financially vulnerable people rely on bus services to access key amenities in their community. The increase in the bus fare cap from £2 to £3 creates real issues for passengers, particularly those on low incomes. Many rely on buses for daily essentials and a £1 rise per journey adds up quickly, straining already tight budgets and forcing difficult choices between transport and other essentials. For rural communities where alternatives are few, the impact is even greater. Without addressing this in the Bill, we risk isolating those most in need and deepening existing inequalities.

This must include cheaper bus travel for young people, making education, training and job opportunities more accessible. It would reduce the financial strain on families and encourage independence, helping young people to engage fully in their communities. Affordable transport also promotes greener travel choices, cutting carbon emissions and easing road congestion. I hope that the Minister will be able to advise us how affordable fares will be addressed going forward. As this Bill progresses, we will want assurance that it fully addresses the needs of remote rural areas, assists the transition to net-zero buses, and includes strong and improved accessibility provisions for disabled passengers.

I am pleased to see that the Bill responds to the experience in Manchester, which has re-franchised its bus services. It has taken a considerable time—more than six years—to get there and there were a lot of bureaucratic hoops to jump through, but I am delighted that the Bee Network is now going from strength to strength. Although many of these issues are addressed in this legislation, going forward, there may be room to tighten the wording in some areas to ensure that it is clear. We will pick this up in Committee.

We are also pleased that a safeguarding loophole is being closed where drivers could drive school buses without an enhanced criminal record certificate. That is absolutely essential. It is extraordinary that we have such loopholes today.

Finally, an issue I have been interested in for some time is demand-responsive buses, which have been trialled successfully in places such as Sutton and have the potential to help deliver a good bus service in some areas. Can the Minister clarify that these services can be supported by this legislation and that a local authority could run such a service if it desired?

Overall, we welcome many of the changes proposed in this Bill and look forward to debating it in more detail in Committee.

Bus Services (No. 2) Bill [HL]

Baroness Pidgeon Excerpts

Committee stage
Tuesday 28th January 2025 Grand Committee

[Lord Grayling (Con)]

My Lords, I will speak only briefly, but I want to raise a particular point with the Minister on which I would like his clarification. What I would say to the noble Baroness who has just spoken is that, having just arrived in this place from the House of Commons, I find it noticeable that the depth of scrutiny of Bills seems to be rather deeper here. In many ways, as a former MP, I regret that, as it should not be like that. It is important that legislation is scrutinised carefully and questions are asked. I think that this House plays a very important role in ensuring that legislation is as good as it possibly can be.

The issue I have to raise with the Minister is the reason I support the amendment moved by my noble friend. I worry that ideology may sometimes get in the way of good service. I know that it would not happen in his case—I have the highest respect for the Minister—but I can quote one or two other examples in government, the future of academies, for example, where ideology seems to be treading on the toes of what is best for young people. I would not wish that to happen in the area of transport and buses, and I have misgivings about the Government’s plans to allow the setting-up of municipal bus companies. There is no obvious mechanism to ensure that there is a high-quality case for doing so.

I have also been quite worried about a simple principle. One of the things that has always attracted me to deregulation is the ability of an individual or a group of individuals to decide that the firm they work for is not doing a good job, so they will set one up in competition and do a better job themselves. I see no real reason why a simple clause such as this that places a duty on not just the Minister personally but those who work for him to ensure that the decisions they take, the interactions they have and the things that follow through from this legislation deliver high-quality, better bus services and are not just there for ideological reasons.

My noble friend mentioned London and the concern that certainly exists outside London. What makes London distinctive in bus terms is that it is vastly more subsidised than any other part of the country. I remember as Secretary of State being surprised to discover the level of discrepancy. What we all want is the best possible service. That is why I relaxed the franchising rules five years ago. I cannot see the objection to a simple clause that places a duty on the Minister and the teams who work for him to ensure that every decision taken is the best one for the passenger.

[Baroness Pidgeon (LD)]

As we start our detailed examination of this bus legislation, we should not forget that 1.6 billion passenger journeys were made by bus across England outside London in 2023 and that buses are essential for people to get to school, college, work or appointments and to have access to shops and leisure. A good bus service provides wider economic and social benefits for local communities, businesses and public services. As we start our deliberations today in Committee, we on the Liberal Democrat Benches overall welcome this legislation, which is looking to improve bus services, grow the number of passengers using buses and ensure a more reliable network connecting people and places. Our approach is to make improvements to the Bill to tackle the problem that bus services in many communities across the country fall far short of the required standard and level of service. As I stated at Second Reading, this situation must change. Reliable public transport is not a luxury. It is a necessity, especially for those who are most vulnerable.

Amendment 1 would place a duty on the Secretary of State to have regard to the purpose of the Act, namely, to improve the performance and quality of bus passenger services in Great Britain. It is similar to the amendment tabled by the noble Lord, Lord Gascoigne, to the public ownership of the railways legislation last autumn. At face value, it is impossible to disagree with this statement. It is fundamental to this legislation and the range of areas covered in it that this is about improving bus services across the country, rather like the rail legislation was the Government’s first response to improving our railways. In many parts of the country, our bus services have reached a crisis point and, indeed, are virtually non-existent. Therefore, improved performance and quality of bus passenger services must surely be the clear aim of this legislation. This amendment would make it clear that the primary, but not the only, purpose of the Bill is to improve the performance and quality of services.

My Amendment 52, in the third group, would place a broad duty on authorities to promote bus services in their jurisdiction, with a lot of detail regarding measures to consider. A report every two years covers the point about improvement to services and, in my view, deals with this issue in a more comprehensive and devolved manner, which is much better suited to this legislation.

The comments made by the noble Earl, Lord Effingham, about one size fits all do not reflect the legislation before us today, which provides a range of options for local transport authorities to choose the best option for their area and community. This is not about putting the London bus model across the country; it is about using whichever model suits local areas. I look forward to hearing from the Minister how the Government will respond to this amendment, how they interpret these words and, if they do not support them, whether they have other words that they may bring forward instead.

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[Lord Hampton (CB)]

My Lords, I shall speak to my Amendment 61. I was very pleased to hear the Minister say that the Bill is about safety. All my amendments are about safety, but this is the briefest. It is very simple and builds on Amendment 6 tabled by the noble Baroness, Lady Brinton, to make sure that those who make these decisions are qualified to do so. My amendment would simply ensure that franchising authorities responsible for the design have the appropriate IOSH and NEBOSH certificates so that they can judge what is and is not safe.

[Baroness Pidgeon (LD)]

My Lords, I shall speak first to Amendment 6, which seeks clarification following the debate on changing an “auditor” to an “approved person” in assessing bus franchise schemes. It would ensure that within three months of the Bill becoming an Act, the Government will publish the qualifications required for an approved person under the Act and would also lay a regulation with that information in it prior to the commencement of the clause. This is because Clause 9 amends Section 123D of the Transport Act 2000 to remove “auditor”, a term synonymous with an appropriate level of qualification, registration and probity, with the more generic term “approved person”. An auditor, by contrast, must be a member of the Chartered Institute of Public Finance and Accountancy.

The Minister said in response to my noble friend Lady Brinton’s question at Second Reading:

“The intention is not to deregulate approved persons but to widen the range of them. I completely agree with her that they should have some qualifications. An unqualified person should not be able to make a judgment about whether a franchising scheme is right”.—[Official Report, 8/1/25; col. 790.]


The powers and responsibilities of the approved person are significant. Clause 9(2)(1) states:

“A franchising authority, or two or more franchising authorities acting jointly, may not proceed with a proposed franchising scheme unless they have obtained a report from an independent approved person on the assessment of the proposed scheme (see section 123B)”.


I understand why the Government would like to broaden the scope of those able to provide assurance that an approved person will have, at the very least, a CIPFA qualification or its equivalent. However, one of the problems of loosening very specific language in previous legislation is that without sight of exactly what the new qualifications are some organisations will take advantage of the new scheme. From these Benches, we would want any new franchise proposal to have been assessed and reported on by a qualified person because this is about significant public money and assurance. On that point, I hope that the Minister can clarify today what qualifications the Government would expect for such a person in order to reassure these Benches.

My noble friend Lord Goddard clearly set out Amendments 2 and 12, which aim to ensure that we learn from the Manchester franchising experience and that best practice is shared more widely, making franchising more dynamic and responsive. Clarity is absolutely needed on whether there is a minimum period from which services or changes to services proposed by a franchising authority may be enacted. I hope the Minister can answer this point and provide much-needed clarity today.

Amendment 61 in the name of the noble Lord, Lord Hampton, regarding the qualifications needed for officials working in franchising authorities who will be responsible for designing, negotiating and enforcing any franchising schemes, is welcome, given that it is important that staff have a clear understanding of health and safety issues. The noble Lord, Lord Woodley, raised a number of points linked to employment rights, and I look forward to hearing a response to his specific concerns.

The amendments in this group from the noble Lord, Lord Moylan, are a mixed bag, with many seeming, quite frankly, to be trying to put more obstacles in the way of any local transport authority that wishes to introduce franchising. They feel like an ideological response rather than genuine concern about bus service provision across the country. The noble Lord suddenly does not seem to believe in localism. I am not sure that he would have had the same opinion in his previous life as a local councillor and a deputy mayor of London.

If all local transport authorities want to move towards franchising, so be it. This is about devolution and local authorities deciding what suits their local communities. It is highly unlikely that everywhere will move towards franchising, but they should have that option. To want potential intervention from the Secretary of State feels an unnecessary and bureaucratic top-down approach, whereas this is supposed to be a bottom-up approach to bus services. I look forward to hearing the Minister’s response to the points raised.

[Lord Whitty (Lab)]

My Lords, I will make a couple of brief points. I apologise to the Committee that I am Boxing and Coxing with another meeting this afternoon and that I did not table my amendment for today’s Committee. Formally, I support Amendment 17 tabled by my noble friend Lord Woodley, but I will put it in a broader context.

The amendment deals with the relationship between franchising companies and franchising authorities and the trade unions, which is vital, but, as I said at Second Reading, we need a provision for planning the workforce of bus services across Britain in the same way that we do in other industries. I say to the Minister and his colleagues that the Government are attempting major reorganisations of several industries—energy, railways, buses—yet in the proposed legislation, there is no clear commitment to forward workforce planning. I would have tabled an amendment to that effect, and I hope that the Government will come forward with that in any of the Bills that I refer to, but particularly this one.

The workforce in buses has declined by 25% over recent years. With all due respect, it is a very skilled but elderly workforce. Not many new people are coming into it. We need a new forward system as part of this Bill and the processes it starts to ensure that there is an adequate workforce-planning dimension. Part of that involves the arrangements with the trade unions, which my noble friend Lord Woodley points out in Amendment 17, but it is broader than that and has to be national as well as local. I hope that before the Bill reaches its final stages it will have a clear strategic commitment to workforce planning for bus services.

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Finally, on a similar note, I come to Amendment 69. Again, there is nothing forward-looking in this Bill. I have tried to introduce a couple of forward-looking things. For instance, should you be able to charge your phone on a bus? There are already municipal buses that you can buy for providing those services which have chargers. Should we be encouraging that? What about free wifi on buses? Should we have those things as well? Also, could we use technology better to improve accessibility and real-time information? None of these things, which are at the heart of modern buses, are referred to in the Bill as ambitions or objectives. I very much hope that the Minister will be able to accept this amendment so that we can make this Bill fit for the future and not just reviving an historic past.

[Baroness Pidgeon (LD)]

My Lords, first, I want to speak to Amendment 33. It is one that Jenny Randerson had marked up in her paperwork for this Bill, so we felt that it was really important to table it for her.

Although there are many bus operators across the country—as of last October, there were some 367 in England—the reality is that around three-quarters of bus services are run by a handful of large companies. This amendment would enable local transport authorities to prioritise small transport operators when allocating grants, thereby helping to promote diversity in the sector. Some local, smaller operators may know the area and community far better than a large company; we felt that it was important to acknowledge this when looking at the grants that a transport authority may choose to award.

Such operators are also more likely to provide services in rural and less connected areas, including those that will be deemed socially necessary routes. For example, bus routes in Bishop’s Waltham in Hampshire are particularly poor. Despite it being a sizeable town, it lacks adequate bus connections to Winchester and the surrounding area. A small operator may be able to provide this service in a way in which the larger operators are clearly choosing not to do currently. Additionally, such grants may enable small operators to invest in cleaner, more modern vehicles, contributing to environmental goals and improving the overall quality of service. This amendment is designed to support a competitive and dynamic transport market that ultimately benefits passengers.

Amendment 52 would provide a duty on relevant local authorities to promote bus services in their area. With this new focus on improving bus services, it is right that they are properly supported and that their benefits to the local environment, as well as their wider social and economic benefits, are promoted locally. Promoting bus services will help reduce the number of private vehicles on the road, leading to lower greenhouse gas emissions and improved air quality. Reducing congestion can help improve the local economy and ensure a more reliable bus service, thereby facilitating access to jobs, education and other services. Although this is a probing amendment, its aim is to ensure that there is wider thinking about what happens beyond this legislation if we are to have the step change in bus services across the country that all sides of the Committee, I am sure, would support.

With Amendment 4, my noble friend Lady Pinnock has raised the elephant in the room: the adequacy of central government funding to support local bus services. Although this legislation gives local transport authorities a choice of options in providing services, money is needed for that, and this is not just coming from local and regional government. One of the large operators, Stagecoach, has flagged with me that bus services can be successful only if they are properly funded, irrespective of the delivery model. Securing long-term clarity and certainty around funding for this sector will help enhance the benefits delivered to local communities—exactly the point that my noble friend Lord Bradshaw has just made. The noble Lord, Lord Moylan, also touches on funding allocation in his Amendment 31, on which he spoke in great detail.

The Bill also talks about net cost for contracts that are direct awards, which implies that the revenue risk sits with the operators. It is not clear how that sits with control of fares being within the remit of the local transport authorities. Perhaps the Minister can explain the thinking regarding these contracts and funding from government going forward. My noble friend Lady Pinnock has also touched on the enforceability of by-laws, the need for model by-laws and staff training if by-laws are going to work in practice. Operators are concerned about the requirements for training and whether additional funding will be provided to cover this new requirement. Again, we are back to the elephant in the room: funding.

My noble friend Lord Bradshaw has spoken with his extensive experience and knowledge about the need to improve the reliability of bus services and ways to incentivise this through conditions in any financial support.

A wide range of other amendments in this group pick up improving the passenger experience with what we would expect from a modern bus service, whether that is wifi, charging or accessibility improvements. We do not know what we will need in the future. Things will move along. At the moment, we think about plugging things in to charge them up. Technology moves at such pace. I am not sure whether these are needed in the legislation, but perhaps they should be in the guidance. I look forward to hearing from the Minister on that point.

I would like clarity from the Minister, on the record, about demand-responsive bus services. I raised this at Second Reading, and it was made clear in the Minister’s letter in response that this legislation enables demand-responsive bus services. They may well be the solution in some parts of the country, but I want assurance that this legislation enables that rather than prevents it. I look forward to hearing detailed responses from the Minister to these important points.

[Lord Hendy of Richmond Hill (Lab)]

I will now address the amendments relating to local authorities, specifically the Bill’s grant-making powers, functions and duties. Before I address the amendments tabled by your Lordships, I will talk to the government amendment in my name, Amendment 81. This makes a minor change to Clause 30, providing for the provisions under Clause 21, on local transport authority by-laws, to come into force by regulations. Clause 30 sets out the commencement details for each clause of the Bill. The majority of clauses will come into force on days appointed by the Secretary of State by regulations. The current exceptions are Clause 21, “Local transport authority byelaws”, which is due to come into force two months after Royal Assent, and Clause 23, “Safeguarding duty: drivers of school services”, which comes into force six months after Royal Assent.

Clause 21 empowers local transport authorities to make by-laws addressing anti-social behaviour on their bus networks. It also allows the Secretary of State to issue statutory guidance about the exercise of enforcement functions in relation to local authority by-laws. Bringing Clause 21 into force by regulations, rather than two months after Royal Assent, is imperative to ensure that officials in my department have time to develop meaningful guidance to aid local transport authorities and their officers in undertaking enforcement functions. If the change cannot be made, local transport authorities may make by-laws before the guidance can be issued, or there may be insufficient time to develop comprehensive guidance that will be of the most use to local transport authorities and their enforcement officers. It is therefore an important change to make.

I move next to Amendment 4, tabled by the noble Baroness, Lady Pinnock. I thank her for her recognition that the Government’s recent settlements for local transport authorities are comprehensive for the moment. Her amendment seeks to include further consideration of funding requirements in the scheme assessment that authorities must undertake when developing a franchising scheme. I reassure her that consideration of the affordability of proposed franchising schemes, and therefore funding, is already a central part of the assessment. The existing legislation states that the assessment must include consideration of whether the proposed scheme would be affordable to set up and operate. As for a requirement for a specific analysis of the funding required to maintain or improve services for all communities, I stress that the legislation already requires the proposed franchising scheme to be properly costed and compared to another course of action, such as an enhanced partnership.

Finally, I note that both the franchising assessment and the independent assurance report must be published alongside the consultation. This ensures transparency around the local transport authority’s decision.

The Government have set out their ambitions to consolidate and simplify bus funding streams and to provide the long-term certainty that local transport authorities and bus operators have been calling for. The forthcoming multi-year spending review provides a real opportunity for the department to assess the sector’s funding needs so that bus services are adequately funded to support economic growth and, in particular, to overcome the barriers to the Government’s missions. Of course, any future spending decisions must be subject to the outcome of the spending review process. For all those reasons, and with that statement, I hope that the noble Baroness will feel able to withdraw her amendment.

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[Lord Grayling (Con)]

My Lords, I support my noble friend’s comments. The difficulty with direct awards is that sometimes they are genuinely necessary. We experienced that on the railways—where circumstances change, a business fails or there is simply a need to take greater control for reasons that come along unexpectedly. The danger is—I go back to what I said earlier about ideology —that the requirement for a direct award caused by circumstance is overtaken by direct award driven by ideology.

I am afraid that that is at the heart of the noble Lord’s amendment. I understand the principle he represents, but it would not be right to have a situation in which a local authority was able, unfettered, to set up its own bus company and make a direct award to it, regardless of whether it was any good or not—there have been many occasions in history where the local municipal bus company has not been good at all.

In the world the Government seek to create, where in my view there is a role for direct award, on occasions, when it is necessary, I too would like to understand how the Minister would ensure that that power is used in a way that is right and proper, and, ultimately, as I said earlier, beneficial to the passenger.

[Baroness Pidgeon (LD)]

The amendments from the noble Lords, Lord Woodley and Lord Moylan, show both ends of the spectrum in this area—one wanting to make it easier for a local authority bus company to be directly awarded a service, and the other wanting the Secretary of State to be involved and lots of bureaucracy to make it even harder. But I absolutely agree that these amendments throw up some real questions around direct awards, and I hope the Minister can provide some clarity.

Direct awards can be made to existing operators where the post award services are deemed “substantially similar” in the context of direct awards. What criteria will be used to determine that? What is the precise definition of “substantially similar” services? How will the requirement for operators to take on real operational risk be defined and enforced under a direct award? As the noble Lord, Lord Moylan, has just rightly stated, in situations where multiple operators currently run services, what are the criteria for selecting an operator to receive a direct award? Will all existing operators be awarded a direct award? What guidance is going to be provided to local authorities regarding the structure of direct award contracts? What flexibility will they have in negotiating terms?

The bus industry welcomes this legislation but it will want some certainty. I hope the Minister can provide that in his response to this group of amendments.

[Lord Hendy of Richmond Hill (Lab)]

I will first address Amendments 9 and 10 from my noble friend Lord Woodley. The option of a direct award is designed to support the transition to bus franchising, bringing forward some of the benefits of franchising while delivering service continuity to passengers. Expanding the scope of direct awards to include local authority bus companies under all circumstances would not meet these objectives, which are limited and designed to deliver continuity and would, in the case of his amendments, prevent fair competition with private operators. With respect to my noble friend, these amendments are unnecessary and I would ask him to withdraw Amendment 9 and not press Amendment 10.

I thank the noble Lord, Lord Moylan, and the noble Earl, Lord Effingham, for tabling Amendment 13. It is up to local leaders to determine how to run their bus services best and to assess the effectiveness of the delivery of their franchising contracts. Franchising authorities using direct awards are subject to comprehensive reporting requirements and the Bill does not change this. The additional requirement would create unnecessary additional burdens.

Noble Lords asked whether the clause complies with the Procurement Act 2023. As I said in my letter to all noble Lords, Clause 11 is limited to the direct award of net cost contracts, also called concession contracts, where the operator provides franchise services in return for the fare revenues. These contracts are exempt from the Procurement Act 2023—see paragraphs 21 and 37 of Schedule 2 to that legislation—and instead fall under the Public Service Obligations in Transport Regulations 2023, which the Bill is amending. Therefore, this clause does not impact on the Procurement Act 2023.

On the questions raised about there being more than one operator, this is a transition arrangement in order that the passengers involved, the customers of bus routes, and the operators get more certainty in the transition than might otherwise be the case. Clearly, the provision of direct award can be useful to authorities seeking to move to a franchising model both now and in the future. It also provides flexibility to stagger the full implementation of franchising, for example, tendering competitive franchise contracts at different times. It can be used only for the first franchise contract in an area to support the transition. Direct award contracts will have a maximum duration of five years, and in many cases a shorter duration will be appropriate. Long-term franchising contracts will be competitively tendered in the usual way. For clarity, in areas where there is more than one operator, only the incumbent operator can receive a direct award contract for the same or substantially similar services. It is uniquely placed to provide service continuity to passengers during this transition.

The amendment tabled by the noble Lord, Lord Moylan, and the noble Earl, Lord Effingham, would create unnecessary additional burdens on local and central government to complete the assessment. I therefore ask them not to press their amendment.

Bus Services (No. 2) Bill [HL]

Baroness Pidgeon Excerpts

Committee stage
Tuesday 11th February 2025 Grand Committee

[Lord Berkeley (Lab)]

My Lords, I apologise for not being here at the beginning of the debate. The debate about floating bus stops—I heard the comments from the noble Baroness, Lady Grey-Thompson, and others—all depends on the dimensions and who is around.

The noble Baroness mentioned Westminster Bridge, where the floating bus stop is on the far side of the bridge. The cycle lane there is a complete waste of time because it is full of pedestrians. The pedestrians are going on the road. It is a question of how much space is allocated to cyclists, to pedestrians, to people trying to get on and off buses—often with wheelchairs, which need to be level—and to vehicles. We have something to learn about that.

The opposite example is the other side of Victoria Station, in London, where, probably 20 years ago, a mayor put in a cycle lane but it was so narrow that you had to slow to a dead stop before you could turn a little corner. It is a question of design. A moratorium on these floating bus stops would be a great shame. Many cycle lanes, floating bus stops, and so on need a regular review depending on how many people are using them and how safe they are. Safety has to be balanced between cyclists, people in wheelchairs, able-bodied people and the foreigners who do not understand that we keep left, before we make changes. There are good places for floating bus stops and there are probably some bad ones.

[Baroness Pidgeon (LD)]

My Lords, this one of the most important groups we are debating on this legislation. I will first speak to Amendment 41, which addresses disability training across the sector. Bus services are a lifeline for many people, providing essential access to employment, education, healthcare and social activities. However, for people with disabilities, navigating the bus system can present significant challenges. It is therefore really important when we consider legislation to look to make improvements, to ensure that public transport is accessible and inclusive for everyone. By incorporating comprehensive disability guidance into staff training, we transform the whole passenger experience.

Years ago, I attended bus driver training at one of the bus garages in Camberwell in London. I have to say, to describe it as not fit for purpose would be an understatement. I know significant changes have taken place since then, but we need quality training across the country. For example, training will increase understanding and equip staff with the knowledge and skills to understand the diverse needs of passengers with disabilities, ensuring the right support and assistance. It will also help staff identify and address barriers to accessibility, ensuring that buses and related services are designed and operated in a way that supports all passengers, including those with physical, sensory and cognitive disabilities. When staff are well trained in disability awareness, it leads to a much more positive experience for all passengers, so I will be interested to hear the Minister’s response to that amendment.

We have already heard some powerful case studies as we have discussed these amendments, in particular the detailed one of the noble Baroness, Lady Grey-Thompson. I saw an interesting story in my press cuttings this morning concerning a freedom of information request Transport for All had published in London. It showed that wheelchair users were denied access to London buses 441 times in the last year due to inaccessibility. In some 56 instances, the bus ramp failed, and in 385 the user was refused admission for other reasons. That is why this discussion today is so important: people are being denied access to public transport when they are in a wheelchair or have other disabilities.

Many other amendments in this group have been clearly detailed and powerfully set out by my noble friend Lady Brinton and the noble Lord, Lord Holmes. All of them would strengthen the Bill considerably. All are aimed at tackling accessibility issues, whether that is training, bus stops or bus services, but there is a serious issue we are discussing today, and that is bus stop bypasses. In designing something to keep cyclists safer on our roads, so they are not at the point where buses pull out, and to keep them away from motorised transport, a barrier for blind and visually impaired passengers has been created. While keeping cyclists safe is very important, it is also important that we keep blind and visually impaired bus passengers safe. Design has to be inclusive, as we have heard. I will be really interested to hear how the Government plan to address this serious concern, because consistency of design and design standards is essential.

We must look to create a truly accessible transport network that is for everyone. I look forward to hearing the detailed response from the Minister to the many points raised in this important group of amendments.

[The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)]

My Lords, before I commence my response, I would like to update your Lordships on progress since day one of the Grand Committee. I have met with several noble Lords to discuss the Bill, including exploring matters that were the subject of amendments debated in your Lordships’ House. I am also considering the role of guidance, such as bus franchising guidance, in providing clarity on the department’s expectations. I thank noble Lords for offering their thoughts on these issues and look forward to continuing our discussion. As the noble Baroness, Lady Brinton, did, I welcome the presence of representatives of the National Federation of the Blind UK, to whom I spoke at the end of the last Committee meeting.

I begin by taking government Amendments 44 and 45 together. Amendment 44 makes a minor change to Clause 22 to clarify that where it refers to a public service vehicle, it means a public service vehicle as defined in the Public Passenger Vehicles Act 1981. In practical terms, this is the standard definition of a public service vehicle, referenced in the Transport Act 1985 and used in other legislation, whether relating to accessibility or otherwise. This amendment seeks to ensure consistency of understanding between this and other clauses and existing legislation. It does not change the intention or function of this measure.

Amendment 45 is intended to future-proof Clause 22 by anticipating the use of autonomous vehicles in local bus services. Clause 22 currently requires specified authorities to have regard to guidance on the safety and accessibility of stopping places. Facilities in this context include those that assist a driver of a public service vehicle to enable passengers to board or alight from the vehicle. The feature most commonly used to do this is the painted cage on the roadway, which keeps an area free of obstructions to enable the driver to position their vehicle flush with the kerb, but it is conceivable that, in future, there may be facilities that support the autonomous alignment of the vehicle without the involvement of a driver. As such, this amendment seeks to remove the reference to a driver in the relevant definition of facilities. It is clearly important that we make legislation for not just the services of today but those of tomorrow and, where possible, avoid the need for future amendments to primary legislation.

I thank the noble Lord, Lord Moylan, and the noble Earl, Lord Effingham, for Amendment 11. The intention behind the option directly to award contracts is to support the transition to a franchising model. As part of the direct-award contract, the franchising authority can stipulate the accessibility requirements that it expects the operator to deliver. There is existing guidance in place that supports this. This amendment would be likely to delay the transition to bus franchising and increase the burden and cost on the franchising authority, and for these reasons I believe that it is unnecessary.

I turn now to the amendments that the noble Lord, Lord Holmes of Richmond, has tabled to Clause 22. He is one of the many champions in this House for inclusivity and accessibility in transport, and, of course, I absolutely respect his views, as I do those of the noble Baronesses, Lady Brinton and Lady Grey-Thompson, given the experiences that they have talked about today and elsewhere, and those of the noble Lord, Lord Hampton. I will respond to each of the amendments tabled by the noble Lord, Lord Holmes, in turn.

Amendment 35 seeks to amend Clause 22 by including a power to make guidance to ensure that inclusive design principles are complied with in full. I know that the noble Lord supports the premise of this clause, including our intention to ensure that new and upgraded bus stations and stops are inclusive by design. I am concerned, however, that the amendment as drafted would place unnecessary constraints on how the guidance can be drafted and might make it more challenging for local authorities to implement it effectively. Instead of providing authorities with choice, the guidance would need to encourage the adoption of a single set of principles that might not be relevant in every circumstance. It would also constrain the collaborative development approach that we intend to take. I assure the noble Lord that we have included Clause 22 because we know that stopping-place infrastructure must be more inclusive. However, I am concerned that his amendment would frustrate our ability to achieve this rather than support it.

Amendment 36 seeks to emphasise the importance of independent travel for disabled people. Clause 22 currently allows the Secretary of State to provide guidance for the purpose of facilitating travel by persons with disabilities. This amendment would clarify that it is for the specific purpose of facilitating independent travel. As currently drafted, the clause allows the Secretary of State to provide guidance to facilitate travel by all disabled people, whether travelling independently or otherwise. The amendment could have the undesirable effect of requiring guidance to focus principally on those not travelling with companions. I am sure that the noble Lord would agree that bus stations and stops should be safe and accessible for everyone, and I believe that the current clause draft is more appropriate for achieving this.

Amendment 37 seeks to specify in greater detail what stopping-place features can be covered in statutory guidance. It does this by providing a list of specific stopping-place features that the noble Lord considers to be important to cover. However, Clause 22 already specifies that guidance can cover the location, design, construction and maintenance of stopping places and related facilities. That list is intended to be permissive and overarching. It is important for the decision on what facilities to cover and what advice to provide to be informed by specialist input and stakeholder engagement. We will work closely with the Disabled Persons Transport Advisory Committee, or DPTAC, as we develop the guidance. We will also engage with other organisations representing disabled people and others to ensure that the guidance covers the right subjects and can be effective in supporting provision of safe and accessible infrastructure. It seems likely that the features that the noble Lord identifies, as well as others he has not, would be highlighted to us as important for inclusion, regardless of whether his proposed amendment is accepted.

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Moved by

[Baroness Pidgeon]

21: Clause 12, page 9, line 20, at end insert—
“(iv) health care services, including, but not limited to, hospitals or GP surgeries, or(v) schools, and”Member's explanatory statement
This amendment ensures that primary health care services are considered under the provisions of ‘socially necessary routes’.

[Baroness Pidgeon (LD)]

My Lords, I will also speak about Amendment 23. The new “socially necessary” routes clause is incredibly important in ensuring that bus services across the country provide services that meet the needs of local communities, rather than simply those which are profitable. Sadly, that has been the case outside London for decades since the deregulation of buses in the 1985 Act. We welcome this new clause but want to improve it through these amendments in two clear ways.

Amendment 21 would ensure that access to healthcare services, whether primary, such as GP or community, or acute, such as hospitals, are added to the locations that a local service must enable passengers to access alongside schools. We felt it was really important to pull out and add these specific services, as they are so important. I am really pleased that the noble Lord, Lord Hampton, has added his name to this amendment.

The need for children and teachers to have access to schools is obvious, but it should be a service that gets them to school on time. In Tonbridge in Kent, bus services have been cut so much that school bus services either drop children off far too early, leaving them hanging around the streets before school, or they arrive too late for school. This is unacceptable and impacts on children’s education and safety.

Access to health services is fundamental to keeping communities healthy and fit. When someone is diagnosed with a condition or illness, they may require regular routine appointments at a range of health buildings, not just at the main hospital but right across the community. In rural areas, these can be spread out over some distance. It is therefore crucial that socially necessary services are explicit to ensure that patients can get to appointments at different health locations without having to rely on family or volunteers to drive them there and back. At Second Reading, I highlighted the situation in Fleet in Hampshire where there is no bus route to the local hospital from neighbouring areas, yet the hospital car park often experiences 45-minute queues. Our amendment aims to address these common concerns.

Amendment 23 seeks to clarify that the relevant local authority has a duty to implement a socially necessary service, as far as is reasonably practical, should alternative operators fail to do so, with provisions for financial support, if needed, and the possibility of transferring responsibility to an alternative operator once the service is established. We on these Benches felt that that was important, given that the Bill allows for a clear definition of socially necessary routes but gives no clarity on how these routes will be provided.

If, either through franchising or enhanced partnerships, it is proven impossible to secure a provider for a service, what happens? In many ways, this is a last-resort clause. We felt that it was important to ensure that such crucial services for communities are picked up and provided so, as part of this process, the local authority would establish the service itself and produce a report within six months that would set out details of the operation and whether the authority is unable to meet the financial cost of operating the service. This is where the new burdens doctrine would kick in, and thus the Secretary of State would have a duty to consider appropriate financial support to the local authority to ensure that the socially necessary service can be provided.

From talking to some of the larger operators, they make it clear that socially necessary services will be able to achieve the aim of protecting hard-to-serve areas only if that is underpinned by funding. I am sure that where franchising is used profitable routes will be franchised together with socially necessary services to ensure that a comprehensive bus service is provided overall. However, our amendment picks up those services that are not securing an operator to ensure that communities have access to essential services. I am pleased to note that Green Alliance supports of our amendments around socially necessary local services.

I hope that the Government will respond positively to these amendments, which seek to enhance the Bill. I beg to move.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I shall speak to my Amendment 22, which is a delicate, small nudge that suggests that, if you are trying to replace bus services or create new ones, looking at previous scrapped bus routes might be a way forward because, presumably, they were the last to go. I do not live in a bus desert, but obviously a lot of people do so outside London. It is a sad state of affairs when people are forced to use their cars, as so many are in the countryside. Bringing back bus routes that existed and were clearly used before various cuts would make sense.

The CPRE report, Every Village, Every Hour, nearly four years ago, set out what a comprehensive bus network for England could look like and the scale of investment needed, which, of course, is a bargain in how much it benefits communities, social enterprise and so on. If the Minister has not read that report already, I suggest that he does so. I agreed also with the previous amendments.

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The noble Lord is right, of course, that future funding will be determined through the spending review process, but, as remarked previously, the Government are keen to ensure that local transport authorities have the ability to look forward and, hence, give a more stable funding scenario for local bus services than has applied in recent times.

[Baroness Pidgeon (LD)]

I thank the Minister for his response and for the fact that he said he would look further at the detail in Amendment 21. On that basis, I hope we can meet to tease out some of those details, and I therefore withdraw Amendment 21.

Amendment 21 withdrawn.

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[Lord Moylan (Con)]

My Lords, I move that Clause 18 do not stand part of the Bill. I also wish to move that Clause 19 do not stand part of the Bill and, with your Lordships’ permission, I will speak briefly to both clause stand part notices at the same time and once only.

Clauses 18 and 19 are concerned with information that is to be extracted from local transport authorities but also from bus operating companies. I am perfectly happy with the notion that we should try to have as much information in the public domain as possible, and of course I do not intend—as I think noble Lords will understand—that these clauses should disappear entirely. This is a probing amendment, so to speak, to try to find out exactly what the Government think they are doing in this regard. I will speak very briefly to them.

First, quite a lot of the information being sought here, not least on the costs of particular routes and the revenues per route, would be commercially sensitive and belong to a particular company. The fact that Clause 19 allows that to be published in the name of the company is significant. These companies may well be operating a route for a particular local transport authority and another route in an adjacent area, very close by, in an entirely commercial sense. The information sought of them can have real commercial consequences. Nothing here assures me that the Government are respecting companies’ entitlement to have their commercial information protected in what they propose.

There are some difficulties in requiring this information. Having had a long association with the board of Transport for London, I am trying to think of a bus route in London where TfL could produce its cost and the revenue from it just like that. That is not entirely how bus services operate normally. Perhaps revenues do, but costs come down to a lot of questions about allocations that can be highly contentious.

Quite apart from the difficulty of extracting this information, the main purpose in these two Motions that the clauses do not stand part of the Bill relates to the protection of commercial confidentiality, to which private companies are entitled. There are circumstances in which one can imagine private companies choosing not to bid because their existing business would be threatened by the information they would be required to produce about particular routes. It is important that the Government should be clear about their intentions, what they expect and how they will protect that information, before we proceed with these clauses as drafted.

[Baroness Pidgeon (LD)]

I was rather surprised to see these latest amendments, which seek to remove whole clauses from the Bill.

[Lord Moylan (Con)]

They are probing.

[Baroness Pidgeon (LD)]

If I can continue without being heckled, I am assured that they are probing and that the noble Lord does not want to see these clauses completely removed. He has raised an interesting point about commercially sensitive data. As we know, in running a transport network, data and information are absolutely crucial and transparency is key. All this helps us improve services, so I will be interested to hear the Minister’s response, particularly around commercial sensitivity.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, I will respond to the noble Lord, Lord Moylan, and the noble Baroness, Lady Pidgeon, on Clauses 18 and 19.

On Clause 18, there is currently no one single source of information for passengers about bus service registrations or similar information about services that operate outside traffic commissioner-administered areas. Information on local bus services is fragmented, and this clause seeks to improve this state of affairs. As such, it enables the Secretary of State to make regulations requiring franchising authorities to submit information about services operating in their areas. This information will be similar to that provided on the registration of a service with the traffic commissioner, and it will be provided to the Secretary of State.

Together with Clause 17, Clause 18 lays the groundwork for a new central database of registration information, bus open data and information about services operating outside traffic commissioner-administered areas. This will provide passengers with a single source of information about local services. It is important to clarify that this provision does not reinstate the requirement for franchised services to be registered with a traffic commissioner. Rather, it provides the power to require franchising authorities to provide information to the Secretary of State, thereby enabling its inclusion in the new central database.

In addition, Clause 18 broadens the categories of data that the Secretary of State may collect regarding local services and the vehicles used to operate them. This power extends to gathering information from franchising authorities concerning franchised services and allows the department to collect additional data aimed at improving transparency within the sector. It might be said that the clause would answer the earlier intervention from the noble Baroness, Lady Brinton, about whether all buses actually conform to the PSVAR regulations and, therefore, it would be useful in that respect, too.

Crucially, Clause 18 also empowers the Secretary of State to collect data that will support the monitoring of local service operator performance and assist in the effective exercise of ministerial functions. That might include, for example, information relating to the costs associated with operating a service and the number of staff involved in its operation. I hope that explanation is sufficient to allow the noble Lord, Lord Moylan, to withdraw his opposition to the inclusion of the clause.

On the noble Lord’s opposition to the inclusion of Clause 19, the clause works in tandem with Clause 18 to support greater public transparency, and thus accountability, over local bus services. While Clause 18, in part, provides for greater information collection going forward, Clause 19 ensures that equivalent historical information already held by the department can be published. The clause achieves this by amending the Statistics of Trade Act 1947 to insert two new sections to enable the publication of existing operator-level bus data. It also provides for the Secretary of State to give notice to industry prior to the publication of such data.

Section 9 of the Statistics of Trade Act requires the consent of individual undertakings before information identifying them can be published. The newly inserted Section 9B disapplies Section 9 of the 1947 Act in relation to information about relevant local services that has been collected under Section 1 of that Act from PSV operators’ licence holders, or their representatives. This disapplication applies during a qualifying period, beginning on 1 May 2015 and lasting until the day when this clause of the Bill comes into force. Disapplying the requirements in Section 9 will allow the department to publish operator-level information collected during the qualifying period, even in cases where consent cannot reasonably be obtained from the large number of individual operators concerned. That point is crucial. The requirement to obtain consent from each individual operator would result in inconsistent data provision. This, in turn, would mean some communities not having access to the same level of information about local bus services as others, or indeed equivalent information for all services within a single community.

The newly inserted Section 9C requires the Secretary of State to publish a notice specifying the information intended for publication at least 30 days in advance, and further details the locations where such notices must be published. These provisions will enable the timely and transparent publication of operator-level bus data, improving access to information while maintaining appropriate safeguards.

Although the noble Lord, Lord Moylan, is of course right that in a commercial undertaking, this information might be considered commercially confidential, it is also essential for the local transport authority representing the users of these services to be able to access such information in order correctly to plan bus services in their areas, for the benefit of all the people who live there. That is the justification for this clause, so I hope he will accept it and withdraw his opposition to it.

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[Lord Moylan (Con)]

My Lords, a small number of amendments here in my name relate to zero-emission buses. I am concerned that the requirement for them is being imposed with excessive harshness and cliff-edge characteristics upon the bus industry. Amendment 47A, which I will talk about first, creates a form of exemption—a continuation that local transport authorities can put in place, particularly for rural services and in locations where battery-powered buses would be inappropriate because the distance that the rural service is running might be more than it could sustain. Generally, it might be appropriate in some rural areas to continue running diesel or hybrid buses for a further period beyond the cut-off that the Government envisage. That would be a relaxation of the requirement and would be welcomed in many parts of the country.

Amendment 47 provides a similar consideration on a broader basis—again, I am not being excessively harsh about all this. Amendment 48A requires the Government to justify their policy on public health grounds by publishing data in relation to the sorts of improvements—particularly air-quality and noise-pollution improvements—that they expect to achieve, for the travelling public and local people, with the changes that they envisage in relation to net-zero buses.

It would be helpful if the Government could take an approach that was a little less ideological and more tailored to what might suit particular areas and populations. I beg to move.

[Baroness Pidgeon (LD)]

Amendment 48 is a small but important amendment picking up on a potential anomaly within the Bill. It is something that Baroness Randerson flagged with us before Christmas. The Bill is clear that it wants to see cleaner zero-emission buses providing bus services across the country, and that is something that I would have thought the majority of noble Lords would support. However, this requirement does not seem to cover mayoral combined authorities. This amendment, therefore, seeks clarification from the Government on whether the provisions of new Section 151A on zero-emissions vehicles also apply to mayoral combined authorities. If not, this amendment should be agreed to ensure that every authority is covered.

Transport is a significant contributor to pollution in the UK. In 2021, transport was responsible for producing 26% of the UK’s total greenhouse gas emissions, and the majority of those emissions come from road vehicles, which account for 91% of domestic transport emissions. Getting more cars off the road and more people using quality bus services is essential, as is ensuring that those bus services are as environmentally friendly and zero-emission as possible. I hope that the Minister can provide clarity in this area and put on record today clarification about the subsection at the bottom of page 29, which states:

“The date specified under subsection (2)(b) may not be before 1 January 2030”.


Those I have been talking to in the bus industry are concerned and I think are misunderstanding what is meant by this. Some clarity on the record would be helpful for all concerned.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, these amendments cover zero-emission buses, as the noble Lord, Lord Moylan, and the noble Baroness, Lady Pidgeon, have rightly said. The restriction on the use of new non-zero emission buses will not take effect any earlier than 1 January 2030, but the clause places a restriction on the use only of new buses. The noble Baroness is right to raise this issue; I myself have heard some misapprehension about what this actually means. It is about new vehicles, and the flexibility to determine when to replace diesel buses with new electric buses will remain, because if the date were to be 1 January 2030, all vehicles in service on 31 December 2029 would be able to carry on in service.

I will shorten the speech I have been given because it replicates some arguments about the use of electric vehicles, but it is common ground between all those who have spoken on this issue today that the operation of zero-emission buses is a really good thing. I do not think we need a complete assessment from local transport authorities. The important point that the noble Lord, Lord Moylan, made is that there are circumstances in which there can be some further exemptions. In fact, the Bill already provides for the Secretary of State exempting certain vehicle types or routes from the restriction. That is the proposed amendment to the Transport Act 2000, new Section 151A (3)(c), which states:

“The Secretary of State may by regulations … specify local services or descriptions of local service in relation to which subsection (1) does not apply”.


There is a considerable flexibility here, in particular the recognition that there may still be services where zero-emission buses at the date at which the Secretary of State sets may not for some reason be capable of operation. However, I hope the noble Lord recognises, as I think the noble Baroness, Lady Pidgeon, does, that this is generally seeking to do the right thing in respect of air quality and local bus services.

Amendment 48, tabled by the noble Baroness, Lady Pidgeon, probes the scope of Clause 27. I understand and am sympathetic to the concerns she raises. The clause will apply to mayoral combined authorities but as drafted, it will not apply to franchised bus services within such areas. I offer assurance that the Government are actively looking into potential options to address this. I hope to return on Report with an update and, were I to need to speak to the noble Baroness, I hope she would be happy if I did so.

Bus Services (No. 2) Bill [HL]

Baroness Pidgeon Excerpts

Committee stage
Thursday 13th February 2025 Grand Committee

Moved by

[Baroness Pidgeon]

49: After Clause 27, insert the following new Clause—
“Impact on rural areas(1) Within six months of the day on which this Act is passed, the Secretary of State must lay before Parliament a report detailing the impacts of the provisions of this Act on rural areas.(2) For the purposes of this section “rural” refers to areas so defined by the Rural Urban Classification.(3) The report in subsection (1) must include, but is not limited to—(a) an assessment of the level of bus service provision in rural areas including frequency, coverage, and accessibility;(b) an evaluation of how the provisions of this Act affect access to public transport for residents in rural areas, with a focus on affordability, reliability, and inclusivity;(c) a review of the potential economic, social, and environmental impacts of any changes in transport services or infrastructure in rural areas as a result of this Act;(d) recommendations for any further actions or policies that may be required to ensure that rural areas are not disproportionately impacted by the provisions of this Act.(4) The report must be accompanied by a statement from the Secretary of State on how the findings of the report will be addressed, including any further steps to mitigate negative impacts on rural areas, if applicable.”Member’s explanatory statement
This amendment requires the Secretary of State to publish a report within six months on the impacts of the Act on rural areas.

[Baroness Pidgeon (LD)]

Amendment 49 picks up on a crucial issue that I highlighted at Second Reading and said would be a key theme from these Benches: ensuring that rural areas receive a proper bus service for those often isolated and smaller communities. I thank the noble Lord, Lord Hampton, and the noble Baroness, Lady Grey-Thompson, for signing this amendment.

Rural areas remain severely underserved when it comes to bus services, with provision often unreliable and inadequate. As I have mentioned previously, in areas such as North Shropshire an estimated 63% of bus miles have been cut since 2015. These reductions have had a significant impact on communities.

In general, urban local authorities have above-average levels of bus use per head when compared with rural areas. Department for Transport data shows that, for the year ended March 2024, in Brighton and Hove there were 147 passenger journeys per head of population, alongside Nottingham on 126. This compares with rural areas such as Rutland on three per head, Cheshire East on seven, and Somerset and Shropshire on eight per head of population. That is hardly surprising when these areas have seen significant cuts to their bus services in recent years.

Our amendments on socially necessary bus services, which we debated on Tuesday, would help address this issue, but so would this amendment, which would require the Secretary of State to publish a report within six months of the Act on the impact it is having on rural areas. We hope this focus on our rural communities will help to drive the integration and quality of bus services that our rural and smaller communities and villages deserve. This analysis would be a timely assessment, allowing for a prompt evaluation of the legislation and its impact on rural communities, and would help inform decision-makers, including local transport authorities, and ensure that rural communities’ needs are being met, improving their quality of life and access to services.

I draw attention to the evidence submitted to the Commons Transport Select Committee by the Campaign for National Parks, which flags that visitor travel is an important element of rural transport but that this aspect is often overlooked when considering the role of buses in connecting rural communities with nearby towns and cities. It particularly flagged the access to national parks by public transport. This adds another dimension to our amendment when considering rural bus services.

There are further amendments in this group that also look at rural bus services and villages and cover other important areas, to which I look forward to hearing the Minister’s response. I beg to move.

[Lord Berkeley (Lab)]

My Lords, I rise to speak to my Amendment 62. The amendment from the noble Baroness, Lady Pidgeon, to which she has just spoken, is a very relevant one, and I think I spoke a little bit about it previously.

I suggest that it is important to know what we mean by public transport. This buses Bill is a great development of that, because it is designed to take people who do not have cars, or perhaps do not want to use cars, to shopping, to doctors and hospitals, to visit friends and relatives or whatever—to get around for communication. Of course, as the noble Baroness, Lady Pidgeon, said, it is just as important in the rural areas as in the cities.

One element that I have discussed briefly with my noble friend the Minister is if people cannot get across because there is water in the way. Some of the water has bridges; some does not. Some has big ferries and some has small ferries, and, of course, many of the bridges are tolled. The River Tamar has a tolled ferry and bridge combined. The toll is not very high and you pay it only one way, which is interesting. There are smaller river crossings in Cornwall and many other places where people pay a few pounds to get across. Many people moan at the cost, especially if the tolls are private-sector operated, but they have to cover their costs and most of them are pretty reasonable.

There is a big campaign at the moment about the cost of ferries to the Isle of Wight. There are several of them, as noble Lords know. I do not express an opinion on the campaign or the cost, but people are suffering from an unreliable service, which affects them going to work, college, hospital and so on. For a big population—it is probably more than 100,000—that is quite significant.

On the Isles of Scilly, where I live, there are only 2,500 people but they still have to get to hospital and go shopping when the shops on the islands do not provide what they want. The costs there are pretty mind-boggling. In the summer, you cannot get from the mainland to the Isles of Scilly for less than £100 single. For some people, such as those on the national minimum wage, that is quite significant. If you want to fly, which has the added advantage of being a bit quicker—although it does not like the fog very much and so gets cancelled quite often—the cost sometimes goes up to £150.

This may be a situation where there should be some kind of public service obligation for a ferry, which is probably the cheapest and most reliable form of transport, but the ferry does not go in the winter. You can go on a jet boat, which carries 12 people and takes a couple of hours. If it is not bumpy, it is quite comfortable; if it is bumpy, I leave that to noble Lords’ imagination. Something needs to be done to provide some kind of reasonable public service for the 2,500 people who live on those islands and many others like them.

My Amendment 62 is designed to ask my noble friend to produce a report within six months. I am afraid he will be busy if he accepts all these amendments, but I would very much welcome some response. This is a problem for people who have less access to what is properly proposed in the Bill, which I very much support.

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[Lord Hendy of Richmond Hill (Lab)]

I thank my noble friend for his intervention. First, the ultra-light tram development in Coventry is still a tram—it has steel wheels on steel rails, so it is still a tram. Secondly, all those schemes, even ones that will, I hope, produce a relative reduction in capital cost, have to be considered through the Transport and Works Act orders and other mechanisms for building infrastructure. The consequence of that is that those schemes are generally under the control of public authorities and are almost always in urban areas. One of the consequences of the freedoms that this Bill will give to local transport authorities will be the introduction of franchising, binding together all the public transport services in those conurbations, including both timetables and fares, to give an integrated service to citizens who live in those towns and cities.

[Baroness Pidgeon (LD)]

The Minister has clearly heard the strength of feeling from across the Committee about rural communities and the importance of connectivity and access to bus services. The comments of the noble Lord, Lord Snape, about funding are important, because funding is always the elephant in the room. But what we are discussing are new measures, including franchising, which will be the new tool to help local government and local transport authorities to address some of these socially necessary routes—not profitable routes—as part of bus route packages. Our amendments simply try to improve this legislation; we are very supportive, overall, of its aims. I am reassured to have heard from the Minister about this wider review and ensuring that rural communities and areas are part of that, so I am happy to withdraw my amendment.

Amendment 49 withdrawn.

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Moved by

[Baroness Pidgeon]

51: After Clause 27, insert the following new Clause—
“Review of bus fare impact on patronage(1) Local transport authorities must conduct a comprehensive review of the impact of bus fares on passenger patronage within their jurisdiction.(2) The review may assess—(a) how fare levels influence ridership trends,(b) the social, economic, and environmental outcomes of current fare structures,(c) potential changes to improve accessibility and increase patronage, and(d) potential benefits, if any, of the simplification of ticketing systems for the purposes of increasing bus patronage.(3) The first review must be completed and published no later than six months after the date on which this Act is passed.(4) Subsequent reviews must be conducted at least once every three years, and made publicly available.(5) In conducting the review, local transport authorities must consult relevant stakeholders, including public transport users, service operators, and community representatives, and any other stakeholders deemed relevant by the local transport authority.”

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[Baroness Pidgeon (LD)]

My Lords, Amendment 51 would require local transport authorities to carry out a review of the impact of bus fares on passenger numbers within their area. The review must look at how fare levels are influencing numbers; the social, economic and environmental outcomes of the current fare structure; ways to simplify ticketing systems; and changes to increase bus patronage and improve accessibility. This review should be carried out within six months of the Act passing and every three years, working with all key stakeholders.

We feel that there is a significant gap in the Bill relating to fares. The final-stage impact assessment states:

“Increased fares, unreliable services and fewer routes would likely drive more people away from buses, further reducing passenger numbers”.


Helen Morgan, Member of Parliament for North Shropshire, told me that Shropshire has lost more bus routes than any other county and that the £2 fare cap was not introduced in Shropshire. Fares are significantly higher and a six-mile journey into Shrewsbury can cost as much as £6.20. It is therefore essential that local transport authorities assess the impact that fares are having, alongside other factors, in the provision of local bus services following the implementation of this Bill.

I also have Amendments 74 and 80 in this group, which together place a limit of £2 on single journey bus fares, which can be reviewed every three years and adjusted by statutory instrument. The increase in the bus fare cap from £2 to £3 has created real barriers for passengers, particularly those on low incomes who rely on buses to go about their everyday lives. The £1 rise per journey adds up quickly, straining already tight budgets and forcing difficult choices between transport and other essentials. For rural communities where alternatives are few, the impact is even greater. Without addressing fares in this Bill, we risk deepening existing inequalities and leaving many people isolated. I remind Members that the final stage impact assessment states:

“There may also be benefits associated with increasing bus usage through lowering fares”.


We also strongly believe that affordable public transport promotes greener travel choices. It helps to cut carbon emissions and eases road congestion. In many parts of the country, it remains cheaper to drive than to take the bus. This is a disincentive, and putting a £2 cap on bus fares would go some way to helping to address it. This legislation is about improving bus services and enabling local authorities to have a choice about how local services are provided, but unless there are affordable bus fares, there is a huge hole in this plan. I hope the Minister can address these concerns and respond to our proposal to keep bus fares affordable across the country.

On the previous group we had a discussion about real-time passenger information and open data. Another issue linked to the price of fares is the accessibility of purchasing tickets. There has been a transformation in purchasing rail tickets, despite the fare structure being incredibly complex, through tech innovation and apps. One would want to see, as part of these changes to improve bus services, bus retail being opened up to third-party organisations to allow innovation and the ability for passengers to purchase bus tickets or rail-bus packages. When the Minister comments on our amendments, will he also reflect on improving the Bus Open Data Service and on how opening this area further might transform the passenger experience? I beg to move.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, this group is full of sensible amendments. I will speak to the two in my name, Amendments 77 and 79. Amendment 72 is about the concessionary travel scheme—the £2 fare cap—which has been an immense success. In the village where I live in Dorset, it has changed people’s lives. All sorts of people now do not use their cars, which saves them an awful lot of money that they can spend on things such as heating. They do not need to use their cars, they do not need to pay for parking, and they do not need the maintenance of their cars. It has made a huge difference, and many of those people are not looking forward to it going up at the end of the year to £3. It definitely increases usership. It was interesting to read Amendment 63 from the noble Earl, Lord Effingham, and the noble Lord, Lord Moylan, presumably in support of the £2 fare cap, which I think is wonderful.

Amendment 79 is about a slightly different issue. It is about encouraging children to start using buses. Most children in the area I live in have to use buses to get to school if their parents cannot afford a car or cannot afford to drive them. I think it is very good practice to get children on the buses early and encourage them to understand that it is something that everybody can do. Also, to some extent, it is a little bit of independence for them. As a Green, I struggle slightly with the idea that any travel should be cheaper than walking and cycling. However, in this instance I think it is sensible to make bus travel free for children, simply because there are so many other accumulated costs on their parents. I think this would be a very good move.

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[Lord Hendy of Richmond Hill (Lab)]

I thank the noble Lord for that. I will certainly think about whether, and at what stage, the department would look at that further. I am certainly not going to commit to it today, because we are looking at wide-ranging legislation about bus services in general, but I wanted to inform the Committee that the work on the £2 bus fare cap is now published.

Amendments 74 and 80 from the noble Baroness, Lady Pidgeon, also concern the £2 bus fare cap, which I have just addressed. They are clearly intended to seek its reintroduction. Bearing in mind what the average bus fare is, that the Government are proposing to continue with a £3 cap and that fares between £2 and £3 will go up only by the rate of inflation, I hope she will agree that those amendments are unnecessary. However, the noble Baroness referred to the wider retailing of bus tickets, which is obviously a good idea; from time to time, I find myself agreeing with the noble Lord, Lord Moylan. Access to bus services should be widely available, and not understanding the fare structure or being able to buy a bus ticket are the worst reasons for not using the service.

In my view, and in the Government’s view, the provisions in this Bill that allow local transport authorities a choice of enhanced partnerships or franchising, or even their own bus companies, will enable local transport authorities to look at wider retailing. Of course, the ultimate aim is not to sell bus tickets at all but for people to use credit cards or bank cards directly as means of payment. We want the bus industry and bus services to move towards that, and I believe that this Bill will facilitate it.

Amendment 77 in the name of the noble Baroness, Lady Jones, looks for a review of the English national concessionary travel scheme. The Government want everybody who needs it to have access to public transport and are committed to improving the system. The English national concessionary travel scheme costs about £700 million annually, and any changes to the statutory obligations, such as the hours in which the pass can be used being extended, would need to be carefully considered. As I said to the noble Lord, Lord Moylan, on a previous occasion in the Chamber, the Government are not considering changes to the scheme at the moment.

However, local authorities in England already have the power to offer concessions in addition to their statutory obligations. We see this in London, where individuals aged 60 and over are eligible for the 60+ Oyster card, and similar schemes already exist in other parts of the country, where local authorities have chosen to provide specific support to their communities through offers that go beyond their statutory obligation. That ability for local transport authorities will continue, and no part of this Bill will restrict it. A review into the English national concessionary travel scheme concluded in 2024, and my department is currently considering the next steps.

Amendment 79 in the name of the noble Baroness, Lady Jones, would require the Secretary of State to review the impact of making buses free for children. The Government remain committed to exploring targeted solutions that deliver value for money to taxpayers while ensuring affordable bus travel for those who need it most, particularly young people. Bus operators can choose to offer concessions to children and young people. In fact, youth concessions are currently offered by at least one commercial bus operator in 73 out of the 85 local authority areas in England outside London. Local authorities also have powers to introduce concessions or discounts for young people. Since buses are local and the Government are committed to devolution, that is where we believe that such choices should be made in respect of free and reduced-rate travel for children.

Finally, I note the observations by the noble Lord, Lord Moylan, about demanding or wanting reports following my noble friend Lord Snape’s helpful intervention. This Bill has been carefully thought through. The first requirement when it becomes an Act of Parliament will be that it works for local authorities, communities and bus passengers. No doubt there will be reports in due course but, frankly, I am not looking for any of them to be carried out now or in the immediate future because, as my noble friend observed, our efforts ought to be concentrated on running the bus service better rather than writing reports about why it does not work.

[Baroness Pidgeon (LD)]

I thank the Minister. I am reassured by him saying that the Government ought to continue to monitor the fare impact at a national level and will circulate the link to the review of the £2 cap. That is to be welcomed. I hope that he will drive forward the point about ticketing and modernisation because it is important for passengers.

However, I go back to the comments that I made earlier. The hefty report that I have here, the final-stage impact assessment, says:

“There may also be benefits associated with increasing bus usage through lowering fares”.


We have heard today about Cornwall’s hugely successful pilot but, if you read the trade press, it is clear that there are concerns about it continuing, and this goes back to the funding point that we discussed earlier. Probably for the first time in this Committee, I strongly disagree with the Minister about the £2 bus cap. We think that it is essential. The Minister described my amendment as unnecessary. We do not agree with that, we think that it is very necessary, but, at this stage, I will withdraw it. I am sure that we will come back to it at a future stage. I beg leave to withdraw the amendment.

Amendment 51 withdrawn.

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[Baroness Grey-Thompson (CB)]

My Lords, I will speak to Amendment 55 in my name and that of the noble Baroness, Lady Brinton. I tabled this as a probing amendment to continue the discussion on training to help to improve it and to try to mitigate the failures. I realise this is a rather generic amendment and lacking in much detail, but it is about getting the widest possible number of people to understand the impact on a disabled person of not being able to get on a bus.

I receive a number of emails every month from disabled people who are unable to access a service. It may be due to a broken ramp, although the bus should not leave the depot if the ramp is not working. It is also hard to get any traction on complaints, and a lot of disabled people feel that their issues are simply not understood. The issue with the space between wheelchairs and buggies is ongoing. I have experienced it myself, regardless of the High Court case of FirstGroup plc v Paulley. That does not seem to have moved things on as much as I had hoped. Then there is the issue of visually impaired people who have guide dogs, and understanding the space required for them is really important.

I recognise that a whole pile of training already happens, but I think it needs to be better. The impact of a disabled person not being able to get on a bus leads to isolation. In many cases, it is not possible for them to rely on taxis or other unsustainable modes of transport. You might be okay with taxis in a big city where they are accessible, but in lots of places around the country they are not. I probably receive emails every month from disabled people who have been refused access to taxis or charged more because of their impairment. Fewer disabled people are able to drive. Twenty-eight per cent of disabled adults live in a household without a car and only 61% hold a full driving licence, compared to 80% of non-disabled adults. This is why buses are so important.

I already mentioned how hard it can be to get redress. It is very hard to complain to the driver, especially if they just drive off, having refused access. It is also really hard to complain to the companies. They will often give an apology, but that does not fix the issue of somebody not being able to get on in the first place.

I am really interested in looking at what we can do to improve the quality of training. As an aside, I am chairing the Aviation Accessibility Task and Finish Group for the Department for Transport, and training is the number one thing that we are looking at. We are not at the point of writing up our recommendations just yet, but we are exploring raising the bar on standards and ensuring it is equally delivered across the country.

I realise the vagueness of my amendment is probably not helpful, but I look forward to continuing the discussion about how we can make it more possible for disabled people to have the same experience as everybody else.

[Baroness Pidgeon (LD)]

This group of amendments is really important, because training is an essential part of this new move to different models for providing bus services across the country. I particularly wanted to highlight the important amendment from my noble friend Lady Pinnock, because local transport authorities will be taking on significant new powers. We must not underestimate that, and it will be vital that their staff, stakeholders and members who sit on the authorities have a comprehensive training package, so they understand the legislation, framework and landscape—and accessibility and what that truly means, as the noble Baroness, Lady Grey-Thompson, rightly highlighted. I liken this to thinking about planning and licensing requirements and what has transformed local government over the last couple of decades in terms of training and the quality of decision-making in that space: we need to look at this in a similar way. I really hope the Minister will respond positively to these amendments.

[Lord Moylan (Con)]

My Lords, I am grateful to those who have spoken in this short debate. I have great sympathy with what the noble Baroness, Lady Grey-Thompson, said, as she knows. We will support her in her continuing campaign, and that of the noble Baroness, Lady Brinton, and my noble friend Lord Holmes of Richmond, to put the case on behalf of disabled people for proper consideration in relation to public transport services.

I was mildly tickled by the proposal from the noble Baroness, Lady Pinnock. One of my deep concerns, which I have tried to express in as gentle a way as possible throughout this Committee, has been the adequacy and competence of local councillors to take on the role envisaged for them by this Bill. I had not imagined that a vice-chairman of the LGA should give such ringing endorsement to my concerns, to the point where she actually said that training should be mandated by statute for those who will take part in making those decisions. We are at one on this in our concern.

None the less, I am not entirely sure—here I suspect that I will sound a bit like the Minister, and I speak as a former local councillor—that the idea of a statutory training programme in this area would be appropriate. There is a false analogy with training for the exercise of planning and licensing functions, because those are almost invariably what are referred to as quasi-judicial functions that relate to individuals making applications relating to their property, business, premises or whatever. They need to be taken in an appropriate legal framework, rather than a political framework. It is appropriate that councillors are given training in that legal background where they are called on to make those decisions.

The sort of decisions that will be made here are not in that category, so I wonder whether this approach is necessary. In fact, even it were appropriate to have statutory training, I would not have training on the provisions of this Bill, which is what the amendment calls for but, rather, training of the sort that perhaps the noble Lord, Lord Snape, could provide: training in how to run a bus company and make the hard, crunchy decisions that you will be confronted with about how to manage your resources in a way that maximises your revenue while allowing you to provide as many, but not necessarily all, of the socially important services that you would like to provide. Those are the hard, crunchy things that people will need to be trained in, rather than understanding the legal background provided by this Bill.

In a way, I am delighted to find myself holding hands with the noble Baroness, Lady Pinnock, on this topic, but I am not sure that I can support her on the wording of this amendment.

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[Lord Hampton (CB)]

My Lords, in moving Amendment 58, I will also speak to my Amendments 59 and 60. I thank the noble Baronesses, Lady Jones of Moulsecoomb and Lady Pidgeon, for their help along the way. I degrouped these from the original groupings, as they are more about safety than accessibility and inclusivity. I felt that they were important enough that they might get a bit lost in a larger group.

On 29 January, bus drivers marched from Victoria to Parliament to protest about driver conditions and present a petition, signed by over 29,000 people, calling for the acceptance of a bus drivers’ bill of rights, which is about giving bus drivers the basic rights of employment that they feel are being eroded. It was timed to commemorate the death of Kathleen Finnegan, who was killed by a London bus while crossing at Victoria Station. Driver welfare should be the cornerstone of any legislation. I have had meetings with representatives of bus driver groups who feel that there are some working practices going on that they are unhappy about.

My Amendment 58 would mandate that everyone has access to a confidential incident reporting system. CIRAS is one, but there are several bona fide reporting systems available. TfL has had that in place since February 2016; once again, we go back to the fact that TfL does a very good job, so let us roll that out. In my conversations with the Minister, for which I thank him, he felt that this could be brought in and would help a lot with driver safety concerns. If this were a requirement for every bus company, one would hope it meant that any driver safety issues could be thoroughly investigated. That would be great for transparency, passenger confidence, workers and politicians.

I turn to Amendment 59. On the first day in Committee, the Minister said that this Bill is about safety. The noble Lord, Lord Snape, referred to that as well in talking about passenger surveys. However, except for a section about how to deal with crime on buses, there is very little in the Bill about safety.

My amendment would force bus companies to publish their safety data regularly. I talked about this at length at Second Reading, so I will not repeat myself but, in reply, the Minister said that all the data nationwide is already available on STATS19. I am afraid that I will ask the Committee to buckle in and follow me closely on this, because it will get quite granular. The Minister said in his letter that,

“It should also be noted that STATS19 data is a comprehensive and robust public record of personal injury incidents and includes a wide range of data that can be used to support future improvements to safety. A further set of safety data is collected by the Driver and Vehicle Standards Authority, who also collect data on incidents or collisions involving Public Service Vehicle … licence holders. By law, all PSV operators must report fatalities, serious injuries, allegations of a safety defect, serious damage as a result of the incident, a safety critical component failure or history of the same component failing, and a vehicle catching fire”.


I have to say that I did not find STATS19 to be user-friendly, on quite a brief look, and nor did it seem to regionalise data.

In response, the very excellent Tom Kearney, of LondonBusWatch—if there is anyone you need to granularly look at data, it is Tom Kearney—said this. I will quote him exactly:

“Compared to London’s published data, the DfT’s STATS19 Data is seriously deficient and undercounts the number of people killed and injured in Bus Safety Incidents. Even a casual review of STATS19 Data … reveals that is neither published as frequently or in as much useful granular detail as the Bus Safety Data TfL has published on its website every quarter since 2014 … Because STATS19 data combines incidents involving Bus and Coaches and does not include injury incidents involving Buses that have taken place on private roads or land (entrances/exits to and at bus stations) as far as Bus Casualty Data Reporting is concerned, STATS19 is both inaccurate and misleading. STATS19 also does not include injury incidents (Trips & Falls) onboard buses that might not have been caused by a collision, yet produce a lot of casualties (including fatalities) and are an important indicator of Bus Safety Performance”.


He continues by saying that an analysis of TfL’s published data reveals that, for the period from 1 June 2016 to 31 December 2023,

“Collisions from London Buses at Bus Stations have injured 133”

and sent 87 people to hospital.

In addition, between 1 January 2014 and 31 January 2024,

“6 people have been killed from Collisions from London Buses at Bus Stations. None of these fatal or injury incidents involving Buses are recorded in STATS19 Data; Out of the 120 Preventable Bus Safety Deaths that have occurred over the period Q1 2014-Q2 2024 that TfL’s published, 27 … don’t get reported in STATS19 because they occurred at Bus Stations … or resulted from onboard falls … or ‘other’ preventable safety incidents”.

TfL does not provide any details on those. Tom Kearney concludes:

“We have FOI requests that prove that the DVSA collects but does not publish data and the Traffic Commissioner neither collects nor publishes data”.


If the Committee has followed that, this issue is at best muddy.

Could we, as the users, have this data on a dashboard divided by LTA? STATS19 is neither easy to use nor, as far as I can see, divided across the regions. The Minister said that it might well be possible for franchises but was doubtful whether it would work where there was no franchise in place. These days, we are being told that data is gold. Surely companies should be mining this data anyway to analyse their performance—and if not, why not?

When I spoke to Go-Ahead, it was also concerned that much of the accident data is not the fault of buses but might be used as a headline number to dent passenger confidence. I am sure that it is not beyond the wit of mankind to separate fault from no-fault accident data and learn from it. Again, we are talking of transparency and public confidence.

On my Amendment 60, from my conversations with bus drivers, again, they are really concerned about tiredness and things changing with shift patterns. They feel that they need more time. Again, since my conversation with the Minister, I realise that there are very different patterns in being an HGV driver and a bus driver. This is more of an amendment to push for an idea of the reporting. We really need to look at driver welfare and I beg to move.

[Baroness Pidgeon (LD)]

The amendments from the noble Lord, Lord Hampton, raise some really important points about the safety of bus services and are important for our considerations. Bus safety performance data being shared in a clear, simple and transparent way is important if we are talking about driving up performance. The complexities that we have heard clearly outlined show why this is so.

I am particularly interested in Amendment 58. It is a good suggestion that all bus drivers should have access to the confidential incident reporting and analysis system known as CIRAS. Over my years of working on the London Assembly, we heard evidence time and again from drivers suffering from fatigue and stress and, in some places, of there being a culture which really did not support reporting of concerns and practices. Many drivers feared for their jobs and we heard similar things about the tram network as well.

CIRAS describes its role on its website:

“We listen to the health and safety concerns of people in transport. We protect their identity when we share their concerns with the right people to act. When we listen, we learn. We help our members share good practice and promote an even stronger culture of listening. And our members learn from valuable safety information they might have otherwise missed”.


This is important as we seek to improve bus services across the country. I really look forward to hearing the Minister’s thoughts on this group of amendments, particularly the point around CIRAS.

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All we are asking for is a review of how changes in national insurance contributions might affect the viability of these services. Can we please have an assurance from the Minister that, if the amendment is not accepted, a review or an impact assessment will still be carried out? Will there be any recognition of the challenges faced by SEND pupils and their families in the event of these transport services being disrupted or lost? I beg to move.

[Baroness Pidgeon (LD)]

The noble Earl, Lord Effingham, has raised some serious concerns and this group of amendments picks up a point raised at Second Reading by my noble friend Lady Harris of Richmond. She described the ongoing situation with school bus services and pupils with special educational needs in North Yorkshire, and the terrible impact it is having on families and children. It is vital that bus services support children attending school and college, whether within their local authority area or further away, which is often the case with specialist education provision. This is an area of much concern. I hope the Minister is able to provide some assurance in response to this group of amendments.

[Lord Moylan (Con)]

My Lords, I heartily endorse the comments made by my noble friend Lord Effingham and the support given by the noble Baroness, Lady Pidgeon. To be crystal clear, the fundamental issue is not the increase in national insurance rates as such, but the reduction in the threshold at which national insurance becomes payable.

Many of the people who drive special educational needs buses are part-time semi-volunteers. They may be working a few hours in the morning and a few hours in the afternoon, and their overall salary, as things currently stand, brings them in below the level at which national insurance contributions are payable. That is approximately £10,000 a year; I am using a very rough figure there, as I do not have the actual figures at hand. The Government’s proposal is a reduction to £5,000 a year of the point at which national insurance contributions become payable—again, an approximate figure. It is that reduction which brings these people within scope of national insurance contributions, which is potentially fatal to the operation of many of these services. They will simply not continue. The best that can be hoped for would be a more expensive service, after a lengthy period of retendering and disruption, in which maybe the same or maybe different operators are providing a more expensive service to the local education authority in many cases.

Separately, there is also the question of private schools and putting VAT on the bus services they provide, which would be bizarre because no other form of transport is subject to VAT, as far as I am aware. It is one of the consequences of the Government’s vindictive action against private schools. But the SEND issue is not simply about private schools; it is about the whole range of schools, and it is crucial that it is resolved soon.