Bus Services Bill [ Lords ] (Third sitting)

Debate between Bridget Phillipson and Lilian Greenwood

Thursday 16th March 2017 Public Bill Committees

[Lilian Greenwood]

I rise to support new clauses 3 and 4 and to speak to new clauses 7 and 9. Let me begin with new clause 7. My hon. Friend mentioned the Supreme Court decision in the case of FirstGroup Plc v. Paulley, which attracted a great deal of interest and led to the need for further clarification, which new clause 7 seeks to provide. Perhaps it would be helpful to remind the Committee of the Paulley case, which gave rise to the need for a change.

What happened to Mr Paulley was typical of the experience of many wheelchair users who attempt to board buses. He was told that he could not get on a bus because the women whose pushchair was occupying the wheelchair space refused to move. Mr Paulley was successful in winning his case through the Supreme Court, which held that FirstGroup’s policy did not go far enough, and that the driver should have done more to assist in securing the space for Mr Paulley. FirstGroup was not under an obligation to have a priority policy for wheelchair users requiring that someone who unreasonably refused to vacate the wheelchair space had to leave the bus. Effectively, that means that a priority policy for wheelchair users lacks the teeth of enforcement. That is despite the fact that, under conduct regulations, someone who is eating smelly food or otherwise causing a nuisance and refuses to stop can be asked to leave the vehicle. That seems out of kilter.

The new clause addresses the issue of an enforceable priority for wheelchair users by enabling the Secretary of State to make regulations so that priority for wheelchair users means just that: if a person unreasonably refuses to vacate space, they may be required to leave the vehicle. They would be required to vacate the space only if it was reasonable. If, for example, they had a disability—for example, if they had a guide dog or a walking frame—and therefore required the wheelchair space, they would not be acting unreasonably by refusing to vacate the space. As a last resort, the new clause provides the power to require an individual who unreasonably refuses to leave the space to leave the vehicle. Other options could be considered before such action is taken, such as stopping the bus, which might be done when people refuse to make payment.

In considering that, Lady Hale, the Deputy President of the Supreme Court, recognised that the duty to make reasonable adjustment is a duty owed only to disabled people. She said that

“service providers owe positive duties towards disabled people, including wheelchair users, which they do not owe to other members of the travelling public, including parents travelling with small children in baby buggies or other people travelling with bulky luggage...Disabled people are, for very good reasons, a special case.”

That does not mean that I do not recognise the sensitivities and complexities of the issue.

Despite the public awareness brought about by the Paulley case, many disabled passengers still struggle to use the bus regularly because of conflict over the space being occupied by a pram, buggy or bulky luggage. Transport for All has been incredibly effective in advocating change and in highlighting the impact that the lack of clarity has on its members as they try to go about their daily lives.

For example, Jeff Harvey of Camden says:

“I have missed trains, missed events, been late to work meetings and classes when I was a student, and had 3 buses in a row refuse to allow me to board because the space was occupied…Every time I try to board a bus, I feel stressed because I have to be ready for an argument with the driver and/or other passengers, ready to try to raise my voice enough to be heard from the pavement”.

Someone wanting to use a bus simply should not have to feel that way just because they happen to have a disability.

Mark Wilson, a power chair user, says:

“I have been left at bus stops many, many times because there was a parent with a child’s buggy using the wheelchair space and they would not move, and the driver felt unable to ask them, let alone compel them, to move. On average I cannot board a bus due to this buggy effect on one in nine journeys, which is a big number if you consider I might use the bus for four journeys in one day”.

That shows some of the issues that disabled people face.

[Bridget Phillipson]

My hon. Friend raises some important points. We would all hope that common sense would come into those cases. Speaking as a parent who has ridden on buses with a pushchair, I would always give priority to someone using a wheelchair or who had a disability. Given that conflicts can arise and can be stressful for disabled passengers, greater clarity would make things easier for everyone using buses, and enable them to understand what is required of them.

[Lilian Greenwood]

My hon. Friend is right. The amendment is not intended to put drivers into impossible situations. I recognise that they often try to deal with such matters helpfully. I would not want confrontations to arise between drivers and passengers who might be unwilling to move. However, the provision would arm drivers with legal backing, making it easier for them to pave the way for wheelchair users to get access to the space.

I recognise that many drivers in the industry receive disability awareness training and do all they can to help passengers with a range of disabilities to get on the bus, but that should happen everywhere, at all times, and the drivers should have the backing of the law in making sure that wheelchair users’ rights are protected. If guidance came from the Department, that would not be all. The issue is about raising public awareness, and about people understanding the impact. I hope such conflicts would then arise less often.

Bus operators could address the matter through their choice of vehicle design. There is a good argument for two spaces—one for a wheelchair user and a separate one for buggies and luggage. I have seen some buses with a large number of tip-up seats that could be used on routes where it is known that problems tend to arise. Nevertheless, back-up for drivers in dealing with situations could be important.

Under subsection (3) of the new clause, priority wheelchair spaces would mean that a wheelchair user has priority over a space unless it is not reasonable for passengers to move. Passengers must give up the space for the wheelchair user if it is reasonable to do so, and—this gives it the teeth of being required by regulation —a passenger who unreasonably refuses may, if necessary, be required to get off the bus. That has hopefully dealt with new clause 7.

New clause 9 would require operators to publish their accessibility policies. Essentially, it supports the new clause tabled by my hon. Friend the Member for Cambridge requiring bus operators to have accessibility policies. It seems entirely right that, if they have them, they should also be required to publish them. Buses are a particularly important form of travel for disabled people, but standards of accessibility vary greatly among bus companies—some are really excellent and others leave something to be desired. Disabled people using public transport need to know in advance what provision is made, and should not face a postcode lottery.

The Government say they want an integrated transport policy. I am sure we would all agree with that, but we need consistency for that to happen. Without it, disabled people may not have the confidence to travel, especially when they have to cross different local authority areas or use different modes of transport. I have seen the experience of Claire Lindsey from Greenwich, who has talked about travelling on the tube as an autistic person. She says that she needs to have a fixed daily routine and know what is going to happen:

“This routine means always needing to travel the same way to and from places. When there are diversions, journey restrictions or cancellations, it doesn’t just irritate me, it can feel like the end of the world and it can cause an ‘autistic meltdown’—an extreme panic attack which causes me to pass out.”

For someone like Claire, using different modes of transport with different levels of protection and accessibility would be hugely problematic.

The proposal is not unreasonable—precisely the same requirements are made of rail operators. When the Bill was in the Lords, an amendment was tabled to introduce a system requiring bus companies to operate policies like the disabled people’s protection policy, which is used across train operators, and it seems reasonable to apply the same to bus operators. I have already mentioned audio-visual indicators. It is welcome that the Government acted on that, and in many ways this measure would simply extend it to all disabled people and the whole range of different disabilities. That should not be onerous, because it is good business and what any employer should be doing under the Equality Act 2010 in any event. Given that we have DPPPs for train companies, there is no reason why something similar could not be developed for bus companies.

The fact that bus companies are not responsible for bus stations and bus stops should not be a reason for not explaining what their policies are and what they are doing to make bus travel accessible. Government guidance for local authorities will help to bridge the gap and complement the requirements on companies. Finally, I hope the Minister is minded to accept my hon. Friend’s new clause requiring bus companies to put in place policies for making their services accessible. It seems entirely reasonable that where they have such policies, they should also publish them.