Bus Services Bill [HL]

Baroness Randerson Excerpts

Ping Pong (Hansard): House of Lords
Tuesday 25th April 2017 Lords Chamber

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

My Lords, it will also be convenient at this time to speak to Amendments 2 to 4, Amendment 6, Amendments 12 and 13, Amendments 15 to 19 and Amendments 21 to 23. These amendments cover a range of issues demonstrating the variety of important topics debated during the passage of this Bill through both Houses. I know that all noble Lords will agree that bus passengers should be at the heart of this Bill. Its provisions will enable improvements to bus services where they are needed, and help grow passenger numbers. By working together, local authorities and operators can tackle key transport issues such as pollution and congestion. They can support local businesses and help drive the local economy.

I recognise that congestion in particular can have a major impact on local bus services. This brings me on to Amendment 1, which relates to powers to enforce moving traffic offences. The other place debated the changes made to the Bill by this House, which confer powers to enforce moving traffic offences such as those in yellow box junctions on authorities that have established an advance quality partnership scheme. However, it was recognised that Part 6 of the Traffic Management Act 2004 already provides the Secretary of State with the ability to confer powers to enforce moving traffic offences on authorities. It was also further acknowledged that local authorities already had the ability to address issues of congestion, be that through using new infrastructure measures or technological solutions or by enforcing moving traffic offences in bus lanes. Additionally, through franchising and partnership schemes local authorities and bus operators will be able to further work together to address local congestion in a more targeted way.

A key concern remains that such powers could be misused to generate revenue for local authorities rather than for traffic management purposes. Instead, we shall be encouraging local authorities and bus operators to use the powers in the Bill to develop local solutions to local congestion pinch points.

Amendments 2, 6 and 15 respond to what I know were well-intentioned moves by this House to seek the greater use of low-emission buses. We are all in agreement that we should encourage these sorts of behaviours. Following early discussions in this House, the Government set it out explicitly in the Bill that emissions standards may be included as part of both franchising and partnership schemes. However, I believe that the Bill needs to strike the right balance between giving authorities the right tools for the job and being overly prescriptive about how improvements are to be achieved. There is a real danger that requiring all new buses used to deliver services as part of a partnership or franchising scheme that come into service after 1 April 2019 to be low emission would simply mean that bus schemes could become prohibitively expensive, with the real risk of authorities being unlikely to pursue these schemes at all. This could lead to less bus use and, with that, worse environmental outcomes than would have been achieved without these provisions. I hope that my further explanation as to why we have taken the approach that we have to these subjects will mean that noble Lords can support the current Motion.

I turn now to Amendments 16 to 18 on the open data provisions. There has been a positive welcome to Clause 18, which will facilitate the provision to passengers of information about timetables, fares, routes and tickets, and live information. Since the Bill was last in this place, my officials have held workshops to develop further the practical delivery of these provisions. Stakeholders have stressed the importance of two existing datasets that are currently maintained by local authorities which accurately and uniquely describe and locate all bus stops in a common format. These datasets are vital to the production of meaningful journey-planning information for passengers. However, they are currently maintained by local authorities on a voluntary basis. These amendments simply ensure that if it becomes necessary, regulations could be made that require local transport authorities to provide information other than in the context of franchising, and information about stopping places to be provided by local transport authorities or operators.

I turn now to those who work for local bus companies. In this House we quite rightly had a great deal of debate about the importance of consultation in relation to bus partnership and franchising schemes and who must be consulted. The Government accepted and were happy to include Transport Focus and the national park authorities as statutory consultees. Special thanks must go to the noble Lord, Lord Judd, who is not in his place this afternoon, for his passionate advocacy of the latter’s importance.

We also introduced amendments to require authorities to consult employee representatives about proposed franchising schemes. The noble Lord, Lord Whitty, provided helpful input to our thinking on this matter. I completely understand the need for employee representatives to be consulted on franchising schemes, as those proposals could have a direct impact on bus industry employees in such an area. Following a debate in the other place, it was agreed that some of the potential duplications in the Bill relating to the consultation of employee representatives and trade unions on franchising schemes should be clarified. This is reflected in Amendments 12 and 13. It was also felt that authorities should have greater freedom on who to consult in relation to the advanced quality partnership schemes than had been provided for in the Lords text. This is reflected in Amendments 3 and 4. The Bill, therefore, now provides for an authority to be required to consult employee representatives on franchising schemes, and it may choose to do so for partnership schemes should it consider that appropriate.

Finally, this group contains Amendments 19 and 21 to 23, which address housekeeping matters and remove the privilege amendment. The latter is a procedural technicality. I hope noble Lords feel that I have given the variety of topics justice here and will agree to support the Motion to approve these Commons amendments.

[Baroness Randerson (LD)]

My Lords, throughout its passage, the Liberal Democrats have supported the principles behind the Bill and we believe that it is a long overdue response to a fairly chaotic situation with bus services in many parts of the country outside London. Indeed, while we have been debating the Bill, the number of bus services and miles covered by those services throughout England outside London has reduced significantly as the number of local authorities’ subsidised routes has reduced and some bus companies have ceased to function. There is a desperate need to do something and we agree with the general tenor of the Bill.

We would have wished to make the Bill more radical, as I have made clear on a number of occasions. We would have wanted more devolution and powers to local authorities, more action to assist disabled passengers, more measures to protect the environment and the health of our citizens and more consultation. Indeed, some of our amendments were accepted and have remained in the Bill throughout the Commons process, but not all of them. I am disappointed that so many were removed.

However, we are grateful that in this group there are government amendments to clarify the role and independence of auditors. The first amendment in the group was put forward by my noble friend Lord Bradshaw in relation to giving local authorities powers over moving traffic offences. The Minister said just now that the Government feared that local authorities would use that power simply to make money. That is a fairly flimsy excuse for rejecting the idea because it would be so easy for the Government to produce an amendment that restricted local authorities’ ability to do that. That could have been dealt with within the regulations that will flow from the Bill or within the Bill itself.

In relation to the Minister’s comments on emissions and the speed with which we can replace bus fleets, London is of course well under way with the process, as are several other local authorities and cities. The technology is there. The alternative fuels are there. It is the Government’s role to at least push businesses into operating in the most environmentally friendly way. On bus emissions, of course there is the pressing issue of the health of our citizens. The Government are only too aware, despite their failure yesterday to produce a plan to address this issue, of the need for urgent action on this. Not only am I disappointed that the Government failed to meet the legal timetable for producing a response on air quality in general, I am disappointed that they have taken the view on this particular Bill that there does not need to be a stronger government steer on the issue of emissions from bus services.

I support the Government’s changes on the provision of data. That is very important. Evidence shows that many people are deterred from becoming bus passengers because of a lack of knowledge and information about where the bus stops and how they pay for a ticket. How one pays for a ticket can vary from one local authority area to another. That kind of information can be so easily supplied and the Government have rightly emphasised that in the Bill. We support that.

Having said all that, we are grateful for the hearing the Minister gave us and for the way many organisations involved in bus services across Britain engaged in the process of the Bill so we could use and harness their knowledge and expertise, which has helped. My final point is that we shall not seek to oppose the changes made in the Commons, but we accept them with some sadness.

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[Lord Ahmad of Wimbledon]

My Lords, Amendments 14 and 20 reinstate the original provisions of the Bill which prohibit local authorities establishing companies for the purpose of operating local bus services. The role of municipal bus companies has received a good deal of debate in your Lordships’ House and the other place. There are a few fundamental points worth making. First, we all agree that there are some very good municipal bus companies, such as Reading Buses and Nottingham City Transport. They deliver a high standard of service, and I expect they will continue to do so. Let me assure noble Lords that their ability to operate will not be affected by this provision.

However, very few municipal bus companies remain, with many having been sold to some of our more successful private bus companies—for example, in February, Thamesdown Transport in Swindon was bought by the Go-Ahead Group after many years of making a loss—so I do not think this amendment is likely to impact on the plans of many, if any, local authorities. The Bill is all about improving services for passengers, and authorities should now start thinking about utilising the knowledge and skills of existing bus companies to get the best results. This amendment ensures that we get the balance right between local authority influence and private sector delivery in order to ensure both are incentivised to deliver the best services for the benefit of passengers.

I hope that noble Lords will understand that, because of the importance of this balance to the overall Bill, our view remains that passengers will see most benefit where the commissioning and provision of bus services are kept separate, and we do not think that authorities should be able to set up new bus companies. I hope that noble Lords will agree these amendments will enable the important business of the implementation of the measures contained in this Bill, which we all acknowledge to be important, to begin so benefits to bus services and, more importantly, bus passengers can start to be delivered on the ground. I beg to move.

[Baroness Randerson]

My Lords, although it is not the subject of the Bill, as it operates in Wales, I shall say a word about Cardiff Bus. It is a municipal bus company with a good record. I still do not understand how it is so important to the Government to remove this power, which has been in the local authority armoury for decades. As the Minister has just pointed out, it has not been used as a general issue at all.

I am also confused as to why these examples of really good bus companies run by local authorities at arm’s length are not a template for possible future development. It is blindingly clear at the moment that local authority finances in Britain are so poor that authorities are not going to be using this power in the near future in some kind of aggrandisement. There is not going to be a mass use of this power by local authorities wanting to build up vast transport empires. It is simply not on the cards.