Bus Services Bill [HL]

Baroness Scott of Needham Market Excerpts

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

[Lord Judd (Lab)]

My Lords, I did not participate when this group was debated last week. I put forward this amendment because I wanted the opportunity to debate it properly today.

I very much welcome the amendments that the Minister made to Clauses 1, 4 and 9, that will require local transport authorities to consult neighbouring national park authorities when preparing franchising or partnership schemes. I thank him and his officials for so readily listening to the concerns and taking on board the points raised about the importance of national parks authorities being listed as statutory consultees, and putting that in the Bill.

I also very much welcome the amendment the Government tabled to Clause 7, which adds national parks authorities as statutory consultees for advanced ticketing schemes. This should ensure that there is more opportunity to include routes serving national parks in Travelcard and other joint ticketing arrangements. Providing a national parks authority with more opportunity to influence all these schemes will help ensure that the needs of both residents of and visitors to these areas are taken into account, and will contribute to ensuring that these beautiful areas are accessible to everybody and not just those with a private car. They also have the potential to contribute towards combating traffic congestion which threatens to spoil the parks and to undermine their purposes. This is particularly important in light of the Government’s aspirations, as set out in the eight-point plan for national parks, to see more people gain from the health and well-being benefits offered by these inspiring areas.

Overall, it is good to see the progress made to this part of the Bill. However, I still have this further amendment, which relates to ensuring that LTAs consider the impact on NPA policies when assessing proposed franchising schemes. We all know that NPAs are, obviously, not local transport authorities but they have played a key role in delivering bus services in recent years and their core strategies contain relevant policies relating to transport and access which should be taken into account when preparing franchising schemes. For example, the New Forest National Park Authority’s core strategy includes policy on access to promote safer access and more sustainable forms of transport to, from and within the national park, and specifically refers to support for the New Forest Tour bus services.

It is essential that the impact on such policies is considered when assessing proposed franchising schemes. The amendment I propose to Clause 4 should ensure that this happens. I hope that, even at this late stage, the Minister could give this further consideration before we come back to the final stage of the Bill. I am very willing to come and see him if he would like me to do that to discuss it in more depth. I hope he will feel able to meet this point as he has so commendably and readily done on the other points raised previously. I beg to move.

[Baroness Scott of Needham Market (LD)]

My Lords, I wish to support the noble Lord, as I did in Committee. I echo his comments about the Minister’s willingness to meet the concerns that we have raised here. However, there is a big difference between consulting—which could frankly just mean writing to the national park authorities and ignoring what they say—and a genuine process of taking into account the work that they have been doing in their areas, particularly in public transport. I hope that in the spirit of the way the Minister has behaved so far, he will take this extra step.

[Lord Ahmad of Wimbledon]

My Lords, I thank the noble Lord for his amendment and the noble Baroness for her contribution. The amendment would make national park authorities relevant authorities as far as new Section 123B is concerned. As the noble Lord pointed out, this section deals with the business case and primarily concerns the authorities that will be making a franchising scheme with transport powers.

I would like to clarify where we stand on this point and on the question that the noble Lord raised. To be clear—I hope this gives a level of reassurance to the noble Lord—the Bill requires the franchising authority to think about the impacts of bus franchising on neighbouring local transport authorities, and this should ensure that cross-boundary services are carefully considered. Regarding his point and that of the noble Baroness on the business case, the provisions we have already made in the Bill will ensure that any authority looking to proceed down this line will pay due consideration because it is now a statutory requirement. I therefore feel that the Bill has been strengthened to reflect the noble Lord’s concerns.

I am always happy to meet with the noble Lord to further understand elements that he wishes to raise. I think the guidance is playing an important part in this and while we have included national parks specifically when it comes to franchising in terms of the actual statutory consultee, we will also bring notice to appropriate authorities when they are considering the overall proposal in the first place. I hope that with this assurance—and I always welcome meeting with the noble Lord—he will at this juncture be minded to withdraw his amendment.

--- Later in debate ---

Moved by

[Baroness Scott of Needham Market]

28: Clause 4, page 16, line 26, after “an” insert “independent”

[Baroness Scott of Needham Market]

My Lords, Amendment 28 returns to the question of an independent audit of proposals for new franchising schemes. I thank the Minister for meeting me in September to discuss this matter and for his subsequent letter. The purpose of the amendment is to provide the House with an opportunity to look again at the question of an independent audit and for the Minister to elaborate and build on the letter that he sent me.

The issue here is protecting the public against the careless use of local taxpayers’ money. I have always believed in devolution; indeed, I have long thought it was a scandal that our major cities constantly have to go cap-in-hand to government whenever they want to undertake a capital programme. But I am also a great believer in democratic accountability, and there is a real problem in mayoral models in that the very concentration of power in the hands of one individual that makes it such an attractive option to government also runs a significant risk of poor decision-making because it is untested by debates in traditional committees or through effective scrutiny.

The Public Accounts Committee published a report in July in which it said:

“There has been insufficient consideration by central government of local scrutiny arrangements, of accountability to the taxpayer and of the capacity and capability needs of local and central government as a result of devolution”.

The committee went on to talk more about its concerns about capacity issues, particularly financial and technical skills, which have been exacerbated by budget cuts. Providing a requirement for a mayor to give information that proposed new schemes, potentially worth millions of pounds, have been independently audited is an important safeguard. The auditor usually engaged by a local authority may very well have their independence compromised by their wish to hold on to the contract.

Equally importantly in terms of public confidence is that the audit should be seen to be independent. The Public Accounts Committee had this to say:

“Robust and independent scrutiny of the value for money of devolved activities is essential to safeguarding taxpayers’ money, particularly given the abolition of the Audit Commission … Currently, local auditors focus on individual bodies’ financial statements and arrangements for securing value for money, rather than assessing value for money itself”.

In his letter to me, the Minister referred to the guidance on the matter that he had agreed to develop, and I would be grateful to hear more about that today. He referred to the availability of freedom of information as a means of achieving transparency. I wonder whether he can confirm today that such freedom of information requests will not be met with commerciality exemptions. I beg to move.

[Lord Shipley (LD)]

My Lords, I support this amendment, to which my name is attached. My noble friend Lady Scott of Needham Market said that it related to the protection of the public, and I agree entirely with all that she said. I draw the Minister’s attention to the fact that the context is not the same as it was when we debated this matter in Committee, because an amendment was agreed on day one of Report extending franchising powers to all relevant councils and local transport authorities. I supported that in the Lobbies but I have always believed that it must be accompanied by a robust and thorough audit and full scrutiny of any proposal for franchising.

Detailed audit and scrutiny processes exist within mayoral combined authorities because this House wrote into the Cities and Local Government Devolution Act much more comprehensive arrangements for audit and scrutiny than had originally been planned. As my noble friend Lady Scott of Needham Market made clear, it is not as much as we wanted, and many feel that it is not enough—but it is, nevertheless, more than is proposed in the Bill for non-mayoral combined authorities.

I hope that the Minister will give much further consideration to the proposal that there should be full scrutiny and audit of any franchising plan proposed by a council or local transport body which is not a mayoral combined authority. My noble friend Lady Scott received a letter from the Minister dated 5 October which expresses much agreement on the need for the audit process to be credible and open to public scrutiny, and accepts that there must be robust evidence and analysis. Indeed, on page 2 the letter accepts that the process should be independent, and one in which other people will have the right to challenge the report. Clearly the process must be seen to be transparent.

We need an auditor with appropriate professional standing who is clearly independent of the contractor and also has professional knowledge of audit, finance and, crucially, transport. I suggest to the Minister that it will be a rare person indeed who, as auditor to a council or a local transport body, has all those skills. It is my view that a specific appointment should be made.

I accept that this matter could be subject to further discussion during the passage of the Bill and then in the production of guidance—but, now that the House has extended franchising powers to non-mayoral combined authorities, having a robust and independent audit system has become increasingly important.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

Again, I do not think I can give a blanket assurance. The auditor is there to see that due process has been followed, and that decision will be subject to public scrutiny. Any auditor is there to do a job and will do it to professional standards. I hope that, based on the assurances I have given, the noble Baroness is minded to withdraw her amendment.

[Baroness Scott of Needham Market]

I thank noble Lords who have spoken in the debate. Their response suggests that I was right to return to this question, and indeed the Minister’s response would also suggest that I was right to do so. There is widespread agreement that this is a difficult issue. Of course, it is not just about a potential loss of taxpayers’ money if the scheme goes forward. These schemes are extremely expensive even to start developing, so it is essential that local authorities have sound financial advice all the way through about the financial viability—and, given the relationship with the Competition and Markets Authority, about the legal liabilities—before they embark down this route.

On the question of freedom of information, although I understand that each application has to be treated separately, there are exemptions in the legislation for commercial agreements. My nervousness is simply caused by the fact that every time someone asks questions about a potential franchising scheme, they receive a blanket, “No, we can’t talk about that because it is commercially sensitive”. I am not sure that I would put the same reliance on freedom of information as a transparency tool in this case as the Minister does. Nevertheless, I am confident that he has taken the issue seriously and that his officials are working on the guidance and with local authorities and auditors—so I thank him and other noble Lords for that and I beg leave to withdraw the amendment.

Amendment 28 withdrawn.

--- Later in debate ---

[Baroness Jones of Whitchurch]

My Lords, in moving Amendment 39, I shall speak also to Amendment 73. These amendments would require those opting for a bus service under franchise, and those developing enhanced partnership schemes, to apply the principles of the Public Services (Social Value) Act 2012 when determining the type of service to be commissioned.

As we discussed in Committee, the social value Act recognises that public services can play a transformative role in communities. Rather than simply opting for a narrow definition of value, it requires those procuring services to consider the economic, social and environmental benefits of each bid. It allows local authorities to think about public services in a more coherent way, particularly on a combined-service basis, and encourages those bidding for contracts to be more imaginative about the community benefits their service could bring.

Often this can result in better-designed services, with other benefits and efficiencies. In the case of bus services, it could include, for example, a commitment to train and employ a number of long-term unemployed people to work on a contract; or it could include a number of apprenticeships and work experience places for young people; or it could include a commitment to support an existing community bus service, perhaps with some shared facilities; or it could include an environmental plan with targets for green energy and reduced CO₂. Of course these are just examples, but the point of social value in this context would be to encourage bus operators to commit to their own added-value measures without costing any more money.

In a letter on this issue to the noble Baroness, Lady Scott, and in our discussion in Committee, the Minister expressed some sympathy with these aims but argued that it would be better covered in the guidance that accompanies the Bill. However, we were disappointed with this response, because the fact is that the social value Act is simply not being embraced in the way that was intended. We believe that it would benefit from being on the face of the Bill to underline the importance of this approach.

As we mentioned in Committee, the operation of the social value Act was reviewed last year by the noble Lord, Lord Young. He concluded that, where it was used effectively, it resulted in commissioners being much more innovative and delivering much more responsive public services. This is great news. However, the noble Lord, Lord Young, then went on to conclude that the opportunities and advantages were simply not widely enough understood and take-up of the concept was therefore low. This is our opportunity to put this matter right by embedding this approach in the provision of local bus services in the future. However, that will only happen if it sits in the core of the Bill; if it is buried away in guidance notes, as the Government are proposing, it runs the risk of being ignored and misunderstood again in future.

I hope that the Minister will reconsider his position on this and that noble Lords will feel able to support the amendment. I beg to move.

[Baroness Scott of Needham Market]

My Lords, I offer the support of these Benches for the amendment. It would be rather strange if we did not, because the social value Act 2012 was a Private Member’s Bill taken through this House by my noble friend Lord Newby. I raised the question of the use of this Act in Committee, so I am grateful to the Labour Benches for picking this up and transferring it into an amendment.

As we have heard, the social value Act allows public bodies to take a much broader range of issues into account than conventional procurement practices do, so they can think about the environment, community well-being and the local economy. It actually goes one stage further, because the Act makes people think about the considerable financial power of public procurement in an area and is a way of local authorities and local health authorities harnessing their own commissioning power for the benefit of their communities.

As we have heard, the evaluation last year by the noble Lord, Lord Young, was that, while there had been some real success stories, the social value Act was not being used enough and was not sufficiently understood. I have a lot of sympathy with an amendment which puts this on the face of the Bill because it forces commissioning authorities to really think about whether they have given sufficient consideration to this. Overall, it is a way of ensuring that compliance improves.

I was very taken with the conversations I had on this matter with HCT, formerly Hackney Community Transport, which is a social enterprise that provides bus services in a range of areas as diverse as London boroughs and Jersey. It feels very strongly—and made the point to me—that current procurement practices often freeze out smaller businesses. That is a great pity because some of the best bus operators in the country are the small, local ones. It is important to find ways to strengthen this aspect of the Bill and really help local authorities, in their various forms, to make the most of this considerable new power.

[Baroness Randerson]

My Lords, I am very pleased indeed that this duo of amendments has been put down. They link well with Amendment 97, which provides a mechanism for expressing and recognising community value.

I simply add to what has been said already that it is essential that the Government recognise that bus services fulfil a vital social service, especially in rural areas. The knock-on effect of social isolation is far more costly than any subsidy put into bus services. That is why concessionary fares for older people have been so effective. I know that the Government recognise that effectiveness. We should add to that social impact the huge potential contribution of bus services in reducing air pollution, particularly in urban areas. Therefore, it is important that the Minister uses every opportunity in the Bill to emphasise the importance of the social value of bus services in general.

Bus Services Bill [HL]

Baroness Scott of Needham Market Excerpts

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

[Lord Ahmad of Wimbledon]

My Lords, I certainly agree with the noble Baroness that local bus services act as a lifeline to many and have a real community worth, as we have said previously.

The amendment would, in effect, require operators who are planning to cancel a service to continue to operate that service for a period of six months. As I have said previously, this is likely to be to the financial detriment of the operator or the local transport authority. It would also require a traffic commissioner, whose primary role concerns road safety, to take a decision on the value of a service to the local community. A six-month moratorium on cancelling a service would apply only where a service is stopped rather than varied. An operator who wished to avoid the moratorium could reduce a regular bus service to one that operated very infrequently. Operators of registered bus services are already obliged to give at least 56 days’ notice of their intention to cancel or vary a bus service to a traffic commissioner.

Clause 18 gives the Secretary of State the power to make regulations which will enable local transport authorities to require certain information about a service from an operator who intends to vary or cancel the service. It is designed to enable local transport authorities to obtain information which they require and which will allow them to respond more effectively to the needs of bus passengers. The information they will be able to obtain can be used, for example, to inform the procurement of a replacement service by the authority or to assist community transport operators in designing new alternative services.

It is the responsibility of a local transport authority—not a traffic commissioner—to determine what bus services a local community needs. That is why the Government cannot support the amendment.

I appreciate that many local authorities are facing funding issues and have difficult decisions to make about the services they may be able to subsidise. However, there is more than one option open to them. The community transport sector already plays a vital role, as we have all recognised previously, in the provision of local bus services, often with little or no government funding. Community transport operators will be well placed to serve more isolated communities and my department continues to be extremely supportive of that sector.

As noble Lords may be aware, we recently launched a second round of the community minibus fund to provide new vehicles for community groups. The first round of this initiative is providing new minibuses now to more than 300 local groups across England. I also remind noble Lords of the Total Transport initiative, which supports the integration of services commissioned by different agencies, allowing funding to be used more efficiently and better services to be provided to passengers.

I hope it is clear from the case I have outlined that the Government believe in and understand the importance and value of community local bus services and are keen to find ways to ensure that vital bus links continue to be provided. Given the practical examples I have illustrated and the reassurance I have provided, I hope the noble Baroness will feel able to withdraw her amendment.

[Baroness Scott of Needham Market (LD)]

The Minister referred to the new community transport schemes and the investment in new vehicles. Can he give an assurance that they will be of a size that is legally encompassed within the concessionary fares scheme? This would avoid the problem that we have in Mid Suffolk where the new community transport scheme is using vehicles that are too small to come within the concessionary fares scheme. We have many elderly people with concessionary fares passes but no vehicles on which to use them.

[Lord Ahmad of Wimbledon]

If the noble Baroness will write to me about that case, with which I am not familiar, I will respond in writing to both the specifics and the general point.

Bus Services Bill [HL]

Baroness Scott of Needham Market Excerpts

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

[The Deputy Speaker (Lord Faulkner of Worcester) (Lab)]

It may be for the convenience of noble Lords if I remind the House that we are debating government Amendment 1, and the noble Lord, Lord Bradshaw, has been speaking to Amendments 4 and 5, which are grouped with that amendment.

[Baroness Scott of Needham Market (LD)]

My Lords, I thank the Minister for introducing his amendment, which closely mirrors one that I brought forward in Committee what seems like quite a long time ago. The success of the Bill will to a very large extent be determined by the attitude of the Competition and Markets Authority. In its advice to government, it has made it clear that it sees this form of franchising very much as an inferior form of competition compared to on-road competition. That is an attitude I find extraordinary. After all, we do not have on-road bin collection competition, with companies whizzing around fighting over who collects the bins. We accept that, under those circumstances, it is a perfectly rational thing to do—and there is absolutely a case to be made with buses. The problem is with the insistence that it must be the only way, which is likely to prove a hurdle that most local authorities will simply not be able to reach. I am very keen that this amendment should go through, not because it can do anything to halt the CMA but because if it is cited at an early stage and then has a problem, at least it will become clear to the franchising authority very quickly. That authority would not spend a huge amount of money on developing a scheme that is likely to fall foul of the CMA later.

--- Later in debate ---

[Lord Deben (Con)]

My Lords, would it be better not to agree this amendment because of the reasons adduced by my noble friend? At the same time, taking up what the noble Baroness said, there is a growing understanding in society that we have to provide people with the opportunity to report things that worry them in a way that does not endanger their position as, for example, drivers. I do not think that this issue is about buses; it is about the society in which we live. We need to enable people in a complex society to issue warnings so as to increase levels of safety. Therefore, I hope that my noble friend will refuse to accept the amendment, which I think would be otiose and rather heavy-handed in this excellent Bill.

I also hope that he will take on board the principle that we should offer people the opportunity to issue warnings whenever we can. If we do not do that, all sorts of things that could be avoided are not avoided. It is becoming less easy to draw a distinction between buses and trains. What do we do with guided bus routes, for example? Are the vehicles classified as trains or buses? We have talked about trams, but the noble Baroness could not tell us whether the same rules operate on trams as operate on buses. We have to recognise that this issue is more complicated than we think, but it is most important that we give people the opportunity to warn in a way that does not imperil their jobs.

[Baroness Scott of Needham Market]

My Lords, I support the approach taken by my noble friend Lady Randerson and I echo the points that have just been made by the noble Lord, Lord Deben. Right across society we are gaining a better understanding that the first indication that something is wrong in an organisation usually comes from the people who work in it. The importance of a whistleblowing policy is well understood. Surely the purpose of this proposal is not necessarily to look back following an accident but to prevent accidents happening in the first place.

[Lord Kennedy of Southwark]

My Lords, the amendment in the name of the noble Baroness, Lady Jones of Moulsecoomb, would insert a new clause into the Bill. We discussed this on Report and I am very pleased that it is back here today to be considered further at Third Reading.

As we have heard, the amendment is about safety. A scheme similar to what is proposed here operates in London and in the rail and aviation industries. Schemes for the confidential reporting of incidents are already up and running, contributing to the safety of everyone in those industries and the passengers who make use of those transport services. Therefore, in principle the noble Lord, Lord Ahmad of Wimbledon, and his department should have no reason not to accept the amendment.

We have heard about the number of fatalities and serious injuries that have taken place in the past year in the bus industry, and anything that contributes to a reduction in those figures should be welcomed by everyone. Publishing the information and identifying bad or sloppy practices, or something that is an unintended consequence, means issues can be highlighted and action taken to deal with them, if we have the data necessary to identify the problem.

It is also a well-known fact that just having a system of confidential reporting can do much to improve the safety culture. Amendment 2 is a very positive amendment and I congratulate the noble Baroness for bringing it back again today. I very much hope that she will get a positive response from the noble Lord, Lord Ahmad of Wimbledon, as she is seeking to bring forward a sensible and proportionate measure that is already operating in other transport industries and in the bus industry in London—and all the large bus operators that operate outside the capital also operate in the capital.

Doing everything we can to avoid death and serious injury in an industry that transports millions of people around every day, often on short local journeys, is something we should all want to support. The costs are not great for operators and, as we have seen in London, the system clearly can operate without any great burden to the industry.

In conclusion, the amendment as worded may not be what is needed, but, as the noble Baroness, Lady Randerson, said, the Government can accept the principle and work with noble Lords in this House and with campaigners to get it right. As the noble Lord, Lord Deben, said, we need to enable people to have the ability and opportunity to warn of potential problems. I think that that is very important and I hope the noble Lord, Lord Ahmad, will move forward on that basis.

--- Later in debate ---

[Baroness Jones of Moulsecoomb]

I do apologise. I have no idea about that. Perhaps you would like to give me a seminar afterwards.

The noble Earl, Lord Attlee, questioned whether or not he was consistent between my bringing the amendment last time and now, I can assure the noble Lord that he was completely consistent. He did not like it then and he does not like it now.

I thank the Minister for the productive meeting and it was good to hear that he was sympathetic to the issues. This is a relatively minor change. Other people have called it heavy-handed but it is a minor change. It saves lives. I cannot think of a higher, nobler cause than saving lives—especially those of the people we purport to govern. We are saving lives and preventing injuries and devastation to families—and the numbers we are talking about are not inconsequential. This is a relatively light touch for something that has such heavy consequences. I am of course disappointed that the Government have not snapped up the amendment but I look forward to it being picked up later.

Its impact on society and on the taxpayer is much heavier than we realise. Every crash has a cost—whether it is in delays to business, to the service or to commuters—that we do not assess. When we talk about the cost to industry, we should also think about the cost to the life of the towns, cities and roads where it happens.

[Baroness Scott of Needham Market]

I appreciate the noble Baroness giving way. Does she agree that one of the key duties on any board of directors is the management of health and safety? It is a legal requirement, so it is inconceivable that bus operating companies do not already collect this information. What we are talking about here are two things. The first is the matter of transparency in reporting and the second is the further step that the noble Baroness wants to take in terms of it being a barrier to granting a franchise. But the point about collecting data is that companies will be doing that already because they are legally obliged to do so.

[Baroness Jones of Moulsecoomb]

I thank the noble Baroness, Lady Scott, for that comment. I actually do not know the answer to that and I will find out.

I hope that the economic impact of deaths and injuries will be taken into account by the Government when they assess the importance of this amendment. Having said all that and feeling only slightly better—I mean bitter—I beg leave to withdraw the amendment.

Bus Services Bill [HL]

Baroness Scott of Needham Market Excerpts

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

[Baroness Scott of Needham Market (LD)]

My Lords, I thank the Minister for listening to and taking away the concerns I raised with my noble friend Lord Shipley on independent audit. It is an important point. These schemes, however welcome, are potentially extremely expensive. The risk, as always, will fall on local council tax payers and therefore robust independent audit is key. We look forward to seeing the regulations and guidance as they emerge.

[Lord Whitty (Lab)]

My Lords, I remain generally supportive of the thrust of the Bill, but I have been dismayed by some of the measures taken by the Government in the Commons with some of the amendments in this group and others. It is regrettable because during the process of the Bill in this House there has been a high degree of consensus and the Minister has been very helpful in a number of respects. However, in some areas he has been chopped off at the knees by his colleagues steamrolling it through the House of Commons.

I echo what the noble Baroness, Lady Randerson, said on the low emissions provisions. If the Government were concerned about the timescale and the economics, they could have amended the timescale and put in a few qualifications. Instead, they have deleted the requirements in Amendments 2 and 6 that new vehicles should meet new low emissions standards. This is a very poor signal. As the noble Baroness said, it comes a day or two after the Government’s attempt to use the election to defy the previous court injunction that a new air quality strategy should be produced because of the inadequacy of their earlier air quality strategy produced by Defra.

The Government’s record on this is shaky and they are extremely vulnerable. Buses are one of the main diesel-based pollutant vehicles in many of our towns and villages. There was an opportunity to put in the Bill that we would do what a number of local authorities in London and elsewhere are already doing and replace those buses immediately when a new vehicle is brought on with one with high-quality emissions standards. As I said, we could have put in slightly different dates and slightly greater qualifications, but nevertheless that needed to be in the Bill. It undermines the Government’s commitment to do something about air quality on which they have been and will continue to be widely criticised. I regret that and I think the Government will come to regret it too. As was said in this House yesterday by my noble friend Lady Nye, it is a major public health issue. There are provisions for avoiding the purdah prohibitions concerning air quality that were already in the Bill when it reached the Commons. The Government chose, wrongly, to delete those provisions, and I regret that profoundly.

I also regret the deletion or dilution by Amendments 3, 4 and 13 of the provisions we inserted in this House that worker representatives in the bus industry should be clearly consulted on any changes, whether an advanced quality partnership or the new franchising operations. The Minister has continued to make positive noises in that respect, and I appreciated his acceptance of the principle in our earlier proceedings. However, his colleagues seemed to have deleted most of that, which is a mistake. We are talking here, whether the Government like it or not, of a pretty highly unionised sector where by and large there are good relations between the bus companies and their employees. Anything which deletes a continued commitment to those outcomes makes some of these provisions more problematic when they never needed to be. Again, the Government may live to regret that; I hope not. I know that the unions intend to be constructive and by and large welcome the objectives of the Bill, but from a long list of those who are required to be consulted about these changes, the people who are omitted are the ones who actually drive and operate the buses. That seems to me a triumph of ideology over common sense and the Government should not have done it.

The Minister will no doubt be relieved to hear that I intend to intervene only once on this Bill. I have some concerns about the third group of amendments in relation to the reinstatement of the clause which prohibits local authorities from setting up their own companies. That is a restriction on local authority strategic decision-making. I do not intend to belabour that point because we will come on to it in a moment.

I hope that the outcome of the Bill is positive. It is regrettable that these changes have been made by the Government at this relatively late stage because they make it more difficult to achieve what the Minister himself set out as the objectives when he introduced the amendments. Taking the changes together, I hope that in the coming weeks the population will recognise that even in this relatively minor area of legislation the Government have decided, contrary to what was a pretty consensual view in this House, to delete commitments on environmental standards, commitments on the rights to representation of workers, and commitments on flexibility and devolution of powers to local authorities. All of that amounts to an unnecessary and significant reduction in my enthusiasm for what in general is a positive Bill.