Bus Services Bill [Lords]

Lord Grayling Excerpts

2nd reading: House of Commons
Wednesday 1st March 2017 Commons Chamber

[The Secretary of State for Transport (Chris Grayling)]

I beg to move, That the Bill be now read a Second time.

Buses are England’s most used form of public transport. With over 4.65 billion passenger journeys a year, they account for over 60% of all public transport trips. Buses support our economy, and they connect our communities to the workplace and vital public services, such as healthcare and education. They help to reduce congestion, and cleaner bus technologies also contribute significantly to improving air quality. The Government continue to regard this as a priority, and we are helping to drive it forward through investing in schemes such as the £30 million low emission bus scheme and the £7 million in the clean bus technology fund.

Across England, the bus industry is delivering excellent services for passengers. According to the most recent bus passenger survey by Transport Focus, 86% of passengers were satisfied with their services. Buses today are very different from the buses of 30 years ago: over 90% are accessible; many have free wi-fi, CCTV and USB charging points; and nine out of 10 have smart ticketing equipment. That is all thanks to significant private sector investment in the industry. I am particularly pleased that the five largest operators are continuing to invest in better services and that they will bring contactless payment to every bus outside London during the next five years. We have an industry of large and small firms, with large firms doing a good job and small firms doing a good job.

[Gordon Marsden (Blackpool South) (Lab)]

Will the Secretary of State congratulate our municipal transport company, Blackpool Transport, on not only introducing a new fleet of accessible buses, but making a profit last year of £1.38 million, £1 million of which was returned as a dividend to the council? Does not that make the case for extending rather than stifling municipal bus companies?

[Chris Grayling]

There is no doubt that in a small number of places, municipal bus companies have survived and that, in a place such as Blackpool, they play an important role in the local transport system. However, the Government do not believe that extending the provision of bus services to council after council is the right approach. It will stifle the private sector investment that has made such a significant difference. However, I pay tribute to Blackpool, which has also done excellent work on the tram system. Those of us who look back to the days of taking “The Ship” and the other historic trams up and down the seafront are slightly disappointed that that can now happen only at illumination time.

[Kevin Foster (Torbay) (Con)]

The Secretary of State has talked about the bus service 30 years ago. Of course, the biggest difference is that buses are now genuinely accessible. Does he agree that it is welcome to see provision for audio-visual information, which my constituents have regularly raised with me?

[Chris Grayling]

My hon. Friend is right. It is of paramount importance that we look after people with disabilities on our buses. An important part of that is ensuring that the right information is available and that we have the most accessible possible bus fleet. I am particularly pleased about the number of our newest buses that are manufactured in this country by some excellent firms.

[Sir Greg Knight (East Yorkshire) (Con)]

Will my right hon. Friend confirm my understanding that the Bill is an enabling measure, and that there will be no compulsion on local authorities to change bus services when the arrangements between the council and the bus operators mean that a good service is already provided?

[Chris Grayling]

As I go on to talk about the Government’s approach to the Bill, I absolutely assure my right hon. Friend that it is not about forcing anybody down a route to change. No local areas should countenance asking or pushing for change unless they have a clear plan for delivering improvements for passengers. The Bill is not and should not be simply about moving deckchairs around.

[Andy Burnham (Leigh) (Lab)]

I am listening carefully to the Secretary of State. Bus passengers in many parts of England will think that he is living in a different world from them. In the 30 years since the deregulation of buses, fares have gone up and services have been withdrawn from poorer, often isolated communities. The picture that the Secretary of State paints would not be recognised in Greater Manchester. If the policy has been a success, would not bus patronage have increased? Will he confirm that, in those 30 years, it has gone down, down and down throughout England?

[Chris Grayling]

If people step on to a bus today, it is a wholly different experience from doing so in the past. We have a relatively new fleet and much better buses, and the purpose of the Bill is to ensure that we have the best possible services for passengers in future. I made the point to my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) that any change that arises out of the Bill should happen only if it will benefit passengers. My expectation and belief is that mayoral authorities and others will pursue change only if it will obviously improve things.

[Kate Green (Stretford and Urmston) (Lab)]

I agree with the Secretary of State—change should be made if will improve benefits to passengers. That will certainly be the case for my constituents, as I am sure he will agree. Currently, one company serves the route in one direction, a different company serves the journey back and my constituents have to buy two tickets. Does he agree that that is nonsense?

[Chris Grayling]

Having parties on both sides for several years has led to partnership agreements and now the Bill will ensure that we have the best possible arrangements for passengers. It is indisputable that the investment from the private sector over a long period has led to the improvements that I described in the bus fleet.

[Richard Drax (South Dorset) (Con)]

I have a note from the chief executive of one of the main bus operators in South Dorset. Although, as private bus operator, he welcomes the Bill, believing that working together is a good idea, he thinks that franchising is a slightly perverse route for a Conservative Government to follow. He states:

“If a franchise model was adopted, this could lead to a future layer of bureaucracy being introduced, and the local authority would be designing the bus network and setting prices.”

Will my right hon. Friend comment on that point?

[Chris Grayling]

The essence of the Bill is that franchising will be available to mayoral authorities automatically, but to deliver change, they will still have to demonstrate that it would benefit passengers. They will have a legal duty to do that, otherwise their decision will be subject to judicial review. Other authorities will have a duty to demonstrate to the Secretary of State that they will transform services to get permission to make a change. Ultimately, the Bill is about the passenger, who has to come first.

Bus networks in England’s six metropolitan areas are estimated to generate £2.5 billion of economic benefits every year. They are a lifeline for many rural communities, which I will talk about shortly.

Let me make it very clear: the Bill does not introduce wholesale re-regulation of the bus market. It is not a return to a pre-1986 world of local councils running bus services. Private operators will continue to dominate the bus market. They will still deliver services, whether through the current arrangements, improved partnerships or franchising. The aim of the Bill is to increase bus passenger numbers and to improve bus services by giving local authorities and operators new options. The Bill builds on existing partnership powers, making them more attractive and easier to use, and introduces new, enhanced partnership scheme powers, which will enable local authorities to work with bus operators and introduce a set of standards for bus services in their areas. They both operate in a deregulated environment where commercial operators can make decisions about where and when buses run.

The Bill also refreshes bus franchising powers, honours our devolution deal commitments and recognises the successes of the franchising model that was introduced for London in 1984. One of those successes is the easy access that London bus passengers have to information about their bus services, with over 500 smartphone apps available. The Bill will make it easier for passengers throughout England to get such information on timetables, fares and routes. That is particularly valuable in rural areas where bus services may be less frequent.

[Mr Clive Betts (Sheffield South East) (Lab)]

In 1986, South Yorkshire had a renowned bus service. It was cheap, frequent and comprehensive and 268 million passenger journeys were made. Since deregulation, that figure has fallen by 62% to 102 million. I welcome the regulatory powers in the Bill, but if the Secretary of State does not extend them beyond mayoral combined authorities, what criteria will he use to judge other requests for franchising from areas that do not automatically get it under the Bill?

[Chris Grayling]

As I said earlier, there has to be a point of accountability. That is the mayor in a mayoral authority and the Secretary of State in other areas. Any change must deliver benefits to passengers. Since 1986, this country is more prosperous, with broader car use. We want improved public transport, particularly in cities, where there is congestion and better bus services can make a real difference. We will offer those cities the opportunities to develop schemes that they believe will work for them locally, but we are clear that any change should deliver benefits to the public.

[Mary Creagh (Wakefield) (Lab)]

On data, in London, Transport for London owns the data and was able to make them freely available to all the creative web developers out there who wanted to make interesting apps. The problem outside London is that the data are owned by private sector companies, which hoard them in the hope of monetising them in some way. The powers in the Bill to force those companies to make the data open source and stimulate innovation in the app market are important.

[Chris Grayling]

The hon. Lady is right. There is no reason in today’s world for such information to be anything but widely available to the public. We believe in open data and the best possible passenger information right across our transport system. The Bill will make a significant difference in that respect.

That point is important. The focus of every option in the Bill should be on what delivers for the passenger. I want and expect the industry and local authorities to use the powers in the Bill, whether on franchising or enhanced partnership, to work together to put the travelling public first.

I make it absolutely clear that the Bill in its current form is not the Act that the Government wish or intend to pass. A number of changes were made to the Bill and the proposals we tabled that we believe are not in the interests of passengers, and that we will seek the consent of the House to reverse. The changes are also not in the spirit of the devolution deals we have reached. After I have given way a couple more times, I will describe what the Government intend each of the main parts of the Bill to achieve.

[Dr Julian Lewis (New Forest East) (Con)]

I remember you, Mr Speaker, warning me that making remarks about bus companies is one of the most dangerous things any MP can ever do. Nevertheless, like my hon. and gallant Friend the Member for South Dorset (Richard Drax), I have had representations from my local bus company, Bluestar, which welcomes the provisions of the Bill in so far as they enhance partnership schemes, but which worries about the potential of franchising arrangements to introduce rigidity into the system and lessen the circumstances in which an enterprising bus company will introduce, for example, new routes at its own risk, unlike a cautious local authority that would be unprepared to take that risk. Will the Secretary of State comment on that?

[Chris Grayling]

I absolutely agree with my right hon. Friend. I make it clear again that, while we are extending the kind of franchising powers we see in London to other big cities and mayoral areas, it is not the Government’s intention to offer automatic franchising powers to other areas. Other areas that want to make franchising proposals will have to demonstrate clearly that they can provide an improved service for passengers. When making those decisions, we should bear in mind the flexibility and rapid innovation he describes.

[Scott Mann (North Cornwall) (Con)]

As my right hon. Friend will be aware, the Government signed a devolution deal with Cornwall in 2015 to give Cornwall Council bus franchising powers. Does he agree that, in a county that has historically suffered from poor public transport, that will enable more buses to be on the road and more routes, and make Cornish communities more resilient and connected?

[Chris Grayling]

My hon. Friend is right, but the interesting thing about Cornwall is that it is proceeding without seeking to use those powers, precisely because it has forged a better and stronger partnership with the local bus companies, which are already enhancing those services. That is my point. We are not seeking particular structures in particular places. We are seeking to ensure that we provide the best possible services for passengers around the country. Cornwall is already doing a very good job of that.

[John Pugh (Southport) (LD)]

rose—

[Chris Grayling]

I will give way one more time and then make a good deal of progress, because other hon. Members wish to speak.

[John Pugh]

The Bill will do all sorts of good things, but it conspicuously fails to do anything for young people’s travel or mandate local authorities to consider it. Why not?

[Chris Grayling]

It is somewhat ironic that the hon. Gentleman, whose party has always argued for localism, argues for centralisation of something that I believe should be a local decision. That is a matter for local decision making and local priorities. I have no doubt that Southport Council will take wise decisions about what is best for that town, as will others around the country.

As I said, the franchising powers are not entirely new—they have been available in London for many years—but are being refreshed. Franchising enables local authorities to specify the services that should be provided to local communities, with bus companies competing for contracts to provide those services. Local authorities that implement franchising will have more influence on where and when services run, but they will remain commercial operations, with the private sector providing those services.

That is what happens in London. The deregulation of the London bus market took place in the 1980s, but took a path different from the market outside London. Competitive tendering in London was introduced in 1985, and privatisation of the bus companies took place in the mid-1990s. That has evolved into a network with almost 2.3 billion passenger journeys a year. Those powers are being extended to other Mayors in other parts of the country, to give them the opportunity to operate in the same way as London. The Bill therefore provides for the Government’s intention for all combined authorities with elected Mayors to have automatic access to franchising powers.

[Andy Burnham]

I am listening carefully to the Secretary of State. He praises the London model. Is he therefore saying that the model and experiment inflicted on the rest of the country has, as Labour Members believe, been a total disaster? Is he saying that deregulation as introduced in 1985 was, in hindsight, a major mistake?

[Chris Grayling]

I do not believe it was a major mistake, because we have seen substantial investment from the private sector that would not otherwise have happened. The interesting test for the right hon. Gentleman if he is successful in his mayoral bid in Greater Manchester—I say “if” because he has issues to deal with, such as the reputation of his party leader and the strength of other candidates—is whether he manages to use those powers to deliver the better bus services for which he argues. I will watch with interest if he is successful.

[Graham Stringer (Blackley and Broughton) (Lab)]

I welcome the Bill, but the Secretary of State is on a very thin point when he justifies what has happened over the past 31 years with investment in new buses. Does he realise that that investment has come from the extreme exploitation of bus passengers, particularly in metropolitan areas, where bus companies exploiting monopoly positions have been able to get a rate of return on capital that is much higher than they would get from real competition, and much higher than companies get in the franchised London area?

[Chris Grayling]

In a sense, the hon. Gentleman argues against himself. He complains about competition in those areas, but at the same time says that bus companies have been able to exploit monopoly positions. That is inconsistent. We will see whether the next Mayor of Manchester manages to demonstrate that he or she can do a better job than the private sector. That is the test. Let us see whether they can deliver that. If the right hon. Member for Leigh (Andy Burnham) is successful in his campaign, we will watch with interest.

This is not just about mayoral authorities but about authorities elsewhere. I want to be clear that, while we are open to plans from other authorities to take franchising powers, we will give them only if they can demonstrate that they can do a better job than the current one. A compelling case needs to be made before any other authority receives consent. The key point is that we have the point of accountability with the Mayor, who will have a legal duty to demonstrate an enhanced service, or a point of accountability in the Government, who likewise will judge whether a proposal will deliver that enhanced service.

[Ben Howlett (Bath) (Con)]

One of the great successes in London was the introduction of smartcard ticketing, which increased the number of passengers on public transport. Will our excellent Conservative candidate for the West of England Mayor, Tim Bowles, be able to introduce smartcard ticketing using the Bill?

[Chris Grayling]

Smartcard ticketing is important, and the Bill should give the powers and flexibility to introduce it. I want not smartcard ticketing that links simply to one mode of transport, but integrated ticketing on a common platform, so people do not have to have a different card for every city. One of the good things we see is bus companies almost entirely using ITSO technology. The same technology is now used for smartcards on most of our railways, so we have the potential for interoperability and to make our transport system properly integrated.

Ninety per cent. of buses operating local services in England are fitted with smart ticketing. Major operators have committed to introducing contactless payment on all their buses by 2022, but the vast majority of bus fares are still payed in cash. Some operators even require exactly the right change. In response to my hon. Friend’s point, we are updating in the Bill the existing powers to establish multi-operator ticketing schemes to recognise that latest technology. The Bill will allow a local authority to require all operators within its area to sell and accept a particular multi-operator smartcard. Under the powers, local authorities will not be able to set the price of the products—they cannot fix the fares, but will be able to determine the technology, which is important in ensuring that we get integration locally.

That might be enough to improve services for passengers in some areas, but if not, the Bill offers further options. For example, new enhanced partnership schemes enable greater integration of ticketing. They allow authorities and operators not only to agree the price of multi-operator tickets, but to set common ticket zones or concessions and to join other modes, with their agreement, to offer an integrated ticket.

I will pick up briefly on the open data point made by the hon. Member for Wakefield (Mary Creagh). I want to make it simpler for passengers to plan their journey and to know when their bus will arrive and how much it will cost. She is absolutely right that there is enormous variability across England, and it is essential that that changes. Where the service is good, passengers have access to real-time information, but where it is not good, they do not, and it is important that the former becomes universal. The open data provisions in the Bill are designed to allow public transport app providers, such as Citymapper and Traveline, among others, to develop a new generation of products that will do precisely that.

The Bill will also introduce new arrangements for local authorities and bus operators to work together in partnership. Partnerships between bus operators and local authorities appear to be working well in some areas and passengers are happy. Liverpool, for example, the city of origin of the right hon. Member for Leigh, the Labour mayoral candidate in Manchester—an unusual achievement, if I might say so—has developed strong partnerships with the private sector. It might be something that the next Mayor of Manchester, Conservative Councillor—[Interruption]—Sean Anstee, will decide to introduce when he beats the right hon. Gentleman to the post. [Hon. Members: “He didn’t know his name!”] The note is about something completely different.

[Mike Kane (Wythenshawe and Sale East) (Lab)]

Now that the Secretary of State has found out the name of the Conservative mayoral candidate for Greater Manchester, and given that the Labour candidate has said what his policies are, can he name one policy on transport from the Conservative candidate in Greater Manchester?

[Chris Grayling]

The note is actually about my right hon. Friend the Member for New Forest East (Dr Lewis).

I will tell the House what my colleague in Manchester will do. He will deliver an efficient system, end some of the failures of Labour administrations of Greater Manchester and build on the excellent work done by Conservatives in councils such as Trafford. We will work together to deliver improvements on the Northern rail franchise that will benefit Greater Manchester and the rest of the north and we will discuss ways to improve further the Metrolink, in which the Government have invested. I am proud of the work the Government are doing in Greater Manchester. The Ordsall Chord, the construction of which, funded by the Government, has already begun, will deliver trains between Manchester Piccadilly and Manchester Victoria for the first time, creating a wholly different experience from the days when I commuted into Manchester city centre by bus from the other side of Salford.

[Kate Green]

I had not wanted to divert the House from buses to trains, but happily the Secretary of State has already done it. He is right that the Ordsall Chord is incredibly important for transport links in Greater Manchester. Will he confirm that the Government will also ensure investment in platforms 15 and 16 at Piccadilly station, because without it the investment in the Ordsall Chord will be wasted?

[Chris Grayling]

I am committed to ensuring that we enhance Manchester suburban rail networks and have the capacity we need to deliver it. Going back to buses, I remember what the buses in Manchester were like back in the early 1980s. I used to commute from Worsley into the centre of Manchester on a bus through Salford, and believe me the quality of bus today is better than it was then.

[Julian Knight (Solihull) (Con)]

In reflecting upon regional mayors, will the Secretary of State join me in welcoming the policy focus from Andy Street, the West Midlands Mayor, on east-to-west connectivity across rail and bus networks? Is this not in the sharp contrast to Sion Simon, the Labour Mayor—

[Mike Kane]

Who is the Lib Dem candidate?

[Chris Grayling]

I suspect that none of us knows the name of any Lib Dem mayoral candidate in any part of the country. That certainly unites us today. On Andy Street and Birmingham, I would say that Birmingham is a great city that would really benefit from the wisdom and expertise of an experienced business leader, rather than a failed Labour MP.

[Richard Drax]

I thank the Secretary of State for giving way to me one more time, and I hope he will forgive me for butting in on his eloquent address, but I have to go to a Committee in 10 minutes. My bus operator is concerned that, if in the franchise modelling the revenue is reduced, there is a risk that the shortfall will be made up from other means that will affect the local taxpayer and business rates payer.

[Chris Grayling]

This is the essential point. We have to ensure both public and private funding for buses. Those who seek to make a change need to understand the impact and be certain that they will bring improvements to passengers. There is sometimes a dogma and ideology that assumes that greater state control means a better service, but often a lack of private sector investment means nothing happens at all—so it is the other way around.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

I wonder whether the Secretary of State is as familiar with the bus services in Newcastle as he is with those in other parts of the country. In Newcastle in the ’80s, we had a bus service where someone could travel across the region, on Nexus, and use the metro and the buses on one ticket using a transfer. He says that it is not likely that the state will be as innovative as the private sector. Will he acknowledge that in Newcastle we have been innovative, and hope to be again when we have proper control of our buses?

[Chris Grayling]

We have never argued, and I do not seek to argue, that the state has no role to play. Indeed, one of my Department’s priorities is to drive forward with smart ticketing across the country on our rail networks in a way that integrates with our bus networks, given the widespread use of the ITSO system on our buses. I do not disagree with the hon. Lady about the desirability of integration, although we might differ over the role of the private sector, which I think adds value that the public sector cannot add.

[James Heappey (Wells) (Con)]

It is interesting to hear colleagues representing metropolitan areas talk about the hundreds of routes they have available. Will the Secretary of State comment on the effect of the Bill in rural areas where there are no routes? I welcome the flexibility and focus on community transport it will bring, but will he say how it might lead to a greater provision of bus services in rural areas?

[Chris Grayling]

I was about to come to that. The essence of the Bill is partnership. In the public transport arena, partnership between the state and private sector is really important. Through the provision of greater flexibility, the Bill will allow for enhanced partnerships that take forward existing partnership arrangements. In a rural area—where it is not always about building bus lanes, for example, but about other ways of improving services—the Bill will give local authorities greater flexibility to work with a private operator in a new and enhanced partnership that delivers improvements without some of the straitjackets in the previous arrangements. And of course we will continue to fund community transport, which plays an important role in many parts of the country, particularly rural areas. The Under-Secretary of State for Transport, my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones), who will speak later, plays an active role in making sure we do the right thing by community transport.

I will wrap up now to give others time to speak. I want to make clear what the Government do not want the Bill to do. As I said, this is not the Bill the Government originally introduced or the Bill we intend to deliver on to the statute book, subject to the consent of the House. The amendments in the other place on opening up the automatic access to franchising powers to all local authorities would reduce certainty in the bus market and reduce investment and the attractiveness of bus services being offered. It would not be good news for bus passengers and certainly not for bus manufacturers and the people who work in those factories right across the UK, from Ballymena to Stirling and Yorkshire. We will therefore bring forward an amendment to reinstate the two-step process for non-mayoral combined authorities wishing to access franchising powers.

We shall also seek to reinstate the ban on local authorities setting up new municipal bus companies. My view is that local authorities have other priorities today, and this is about partnership between the private sector and the public sector. That is the big difference between the Government and the Opposition. They do not want the private sector investment that comes in and delivers better and newer buses, providing jobs in Ballymena. They want to go back to the days of the past, but we are not going there as well.

[Lilian Greenwood (Nottingham South) (Lab)]

Will the Secretary of State give way?

[Chris Grayling]

No, I am going to conclude, I am afraid. I have given way extensively already.

The Government strongly believe that striking a balance between local authority influence and the role that private sector bus operators can play will help to ensure that both are incentivised to deliver the best services for passengers. We are not going back to the 1970s world of local authority-planned and delivered bus services. That was not a golden era, but one of indifferent services that cost the taxpayer. As far as possible, we want the commissioning and provision of bus services to be kept separate, and to ensure that we retain the strengths of the private sector.

We will therefore seek to return this Bill to what was tabled in the first place. We welcome and accept the thoughts of the other place on some amendments—on accessibility, for example—but not the broad principles of change that were written in the House of Lords.

[Lilian Greenwood]

rose—

[Richard Fuller (Bedford) (Con)]

rose—

[Chris Grayling]

I will give way one last time to both sides of the House, but then finish.

[Lilian Greenwood]

I shall take up that opportunity. I was seeking to understand the Secretary of State’s approach to municipal bus operators. If we look at the UK bus awards, we find that they have been won by a municipal bus operator in four out of the last five years. I do not believe that municipals are the answer to everything, and I certainly would not expect every local authority to want to set one up. Why will the right hon. Gentleman not let local authorities decide what is best for them?

[Chris Grayling]

That is the point of difference between us. We do not want to go back to the situation in which every Labour council is trying to set up its own bus company. We think that will absorb public sector capital that could be more wisely used elsewhere, take up essential time that should be devoted to other services and not deliver a good deal for passengers.

[Richard Fuller]

I do not want my right hon. Friend to look backwards; I want him to look forwards in this Bill, particularly with respect to the provisions on accessibility, which are most welcome. Could he ask his excellent ministerial colleague, the Under-Secretary of State for Transport, my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones), who will be winding up the debate later—I know that my right hon. Friend is wrapping up his contribution now—to respond on the issue of the sense of timing for when the regulations will require operators to provide the bus services? If that could be clarified to a certain extent today, it would be very helpful.

[Chris Grayling]

The simple answer is that once the Bill is passed, we shall seek to move ahead as quickly as possible. It cannot be done overnight. We cannot simply wave a wand and bring in new systems immediately. As the Opposition Front-Bench spokesman rightly said, shortly.

The Bill seeks to do one thing; our goal is to do one thing; my Department’s work is all about one thing—to improve services for passengers. The Bill offers a balanced set of tools for local authorities and operators to use to make bus services even better than they are today. The Bill as originally drafted—I stress that proviso—provides an opportunity to make a real difference to passengers in all parts of the country. Through franchising and enhanced partnerships, this Bill provides councils with new ways to co-operate with bus operators to improve journeys for passengers. Open data provisions will allow passengers to plan their journeys better, while on-board information will help all passengers to get where they need to be and will reinforce the message of accessibility that is so important to all Members. Together, all these measures will put passengers at the heart of improvements to bus services. That is the simple and only goal of this Bill, which I commend to the House.