South-Eastern Rail Franchise

Debate between Lilian Greenwood and Andrew Jones

Tuesday 23rd April 2019 Commons Chamber

[Andrew Jones]

My right hon. Friend asks about how the bid may finally be judged. I cannot comment on the work in progress, but I can say that an invitation to tender was published in November 2017. It was the result of a significant consultation, to which there were 10,000 or so responses. I am as anxious as my right hon. Friend to get the benefits of that invitation to tender out to the constituents whom he serves so well, and as fast as possible, but I cannot give an answer today on who will win the franchise. That work is carried out separately by officials, away from Ministers, and the information is anonymised because it is so important and market sensitive, but his point will have been heard by all those in the industry.

[Lilian Greenwood (Nottingham South) (Lab)]

The south-eastern franchise was originally due to end in 2014. The failure of the west coast franchise delayed that ending until August 2018, and now the direct award to Govia could be further extended. It is hard to understand why, if the Government still believe in competition for rail services, the Department for Transport seems absolutely unable to run a competition for this franchise. Will the Minister clarify how many compliant bids were received for the south-eastern franchise and how many were received for the east midlands franchise that was awarded two weeks ago?

East Midlands Rail Franchise

Debate between Lilian Greenwood and Andrew Jones

Thursday 11th April 2019 Commons Chamber

[Andrew Jones]

I will of course consider my hon. Friend’s point, but we have produced an interactive map so anybody can log on and see where the benefits will fall right across the franchise area. That map is available at maps.dft.gov.uk and may provide the detail he seeks.

[Lilian Greenwood (Nottingham South) (Lab)]

I hope the Minister recognises that, although East Midlands Trains staff are covered by TUPE thanks to our membership of the EU, this will be a really uncertain time for them—especially those who have worked for Stagecoach for the last 12 years. Will he first join me in thanking them for their hard work, which I know will continue for the rest of this franchise and into the next? Does he also recognise the wider anxiety that this decision has prompted among railway staff about the security of their pensions? At privatisation, his Department promised to provide a long-term guarantee for their pensions. What assurance can he give them today that that has not changed?

[Andrew Jones]

The hon. Lady is quite right. I happily join her in thanking those who have worked in this franchise and, indeed, in all the other franchises to make our railway system work day in, day out. It is a hard job they do, and we should recognise that, not criticise them for it.

I also recognise that, when anything changes like this, there will be a degree of uncertainty. A level of uncertainty can come when there are takeovers in any sector of business, but when franchises change there are TUPE protections, which are positive, and I entirely support that. Pensions are a key part of having a comprehensive offer for workers in every sector, and the Pensions Regulator is working with the trustees of the railways pension scheme to ensure that workers’ benefits are protected. We want that to happen. We want to see people in the sector retire with secure, stable, good pensions.

Oral Answers to Questions

Debate between Lilian Greenwood and Andrew Jones

Thursday 21st March 2019 Commons Chamber

[Andrew Jones]

We have been reviewing Network Rail’s environmental performance, and the consequences of the recently published new environmental strategy should follow through all areas of Network Rail’s work. We obviously need to maintain a safe rail network, but we also want to see the embankments and all the Network Rail land deliver environmental benefits. The two are not incompatible. I do not know about the specific area around my hon. Friend’s constituency, but I am happy to look at it. As regards the overall picture, we have seen some real change and progress in this policy area, and it will be a priority for the future.

[Lilian Greenwood (Nottingham South) (Lab)]

Electrification is clearly the optimal solution for intensively used rail lines, and the Railway Industry Association has shown that it can be delivered at costs that are 33% to 50% lower than those for past projects, if it is part of a rolling programme. Why will the Secretary of State not electrify the midland main line and give Nottingham the cleaner, greener and cheaper services it deserves?

Oral Answers to Questions

Debate between Lilian Greenwood and Andrew Jones

Thursday 14th February 2019 Commons Chamber

[Andrew Jones]

I say to my right hon. Friend that we are doing both. We are replacing the rolling stock in our country and delivering HS2, which is what we need to deliver more capacity in our rail market.

[Lilian Greenwood (Nottingham South) (Lab)]

If we believed Ministers’ promises back in 2012, passengers on the midland main line would be travelling on new electric trains this year. Instead, they are on old British Rail stock, the toilets empty straight onto the track, and they have to lean out of the window to open the door when the train arrives in the station. That is not great for anyone, and it is certainly not disabled friendly. The Government’s inclusive transport strategy, published last year, does not contain any commitment that all rolling stock on the rail network will meet the accessibility deadline of 1 January 2020—a deadline that this industry has known about for 20 years. The strategy does give that commitment for buses and coaches; why not rail?

Rail Infrastructure Investment

Debate between Lilian Greenwood and Andrew Jones

Thursday 17th January 2019 Westminster Hall

[Andrew Jones]

My right hon. Friend makes a powerful point. She gave a powerful speech, which recognised how transport investment, alongside other investments, can drive an economy. The work that she and colleagues have done on producing a business case has been highly effective. She asked whether I would work with her and of course I will, as I will work with all colleagues, to maximise the benefits of the rail investment we are putting in. As to communication, rail companies can do more. We should be looking at all digital and other means of communicating with customers to keep them informed. There are mechanisms through the franchise agreement for keeping the companies accountable. However, I also regularly meet the Rail Delivery Group, and through those and other regular meetings, with individual operating companies, I have already highlighted the issue of communication with their customers. I will continue to do so, but my right hon. Friend is right that there must be improvement on that.

I was saying a few things about how our network has played a role in the increasing economic growth of the past few years, and how that combination of the public and private sectors, working together, has delivered improvement. That includes private sector skills driving investment for passengers and rail freight. However, that success has also resulted in challenges. We have been open about facing such challenges, including in our programme of infrastructure works in the current investment period, and in the rail structures we inherited. That was very clear and it is why we have taken action and changed our approach. The work of the Select Committee has been very helpful in that respect.

In March 2018 we published our new approach to rail enhancements, called the “Rail Network Enhancements Pipeline: A New Approach for Rail Enhancements”. We have a knack of creating very difficult-to-say acronyms. In September the Secretary of State announced that he had appointed Keith Williams, a respected industry figure. He has expertise in driving customer service excellence, and therefore he is incredibly valuable as we seek to reform the rail industry to become more passenger-focused, and to lead a root and branch review of the railway. The Government’s new approach to enhancements has, as Members will be aware, been a key focus for the Transport Committee. The Williams review is a really exciting moment for our industry. The structures that we have had have helped to turn around decades of decline. We have gone from many years of decline to rapid growth. As many people now use the rail network as did in the 1920s—with all the challenges that come with that, which I shall come on to. The structure has helped to achieve the growth, but it is not clear to me that it will help us take things forward for the next stage. That is what Mr Williams has been asked to consider, and it is an interesting prospect.

The approach being taken learns lessons from CP5, responding to the recommendations of the Bowe review. It is quite profound. We are replacing a once-in-five-years plan with a rolling pipeline of investment, which was a key recommendation of the Committee. I can entirely see why both the review and the Committee made that recommendation. We will be able to respond flexibly to changes in circumstances, and emerging priorities. Unlike in CP5 where certainty—I know we have talked about it—often turned out to be frankly illusory, the supply chain can be confident that once we have made a decision we will stick to it. Those concerned will know exactly how far the commitment extends, for funding and delivery. I completely agree with the principle of transparency to help people plan accordingly. We shall be transparent about the progress of individual schemes as they move through the pipeline, and throughout the control period, but the point is that we are not simply making one announcement at the start of a cycle.

The RNEP has five stages, through which enhancement schemes move from concept to delivery, with increasing levels of detail and development required at each stage. We call them “determine”, “develop”, “design”, “deliver” and “deploy”. A theme runs through them, from “determine”, where the opportunity is identified, to “deliver”, where the solution is provided. Not all projects will progress through all the stages. Each stage is preceded by a decision point, where we will decide whether the scheme is ready to advance to the next stage, whether more work is needed, or whether there is a better way of achieving things. We commit to progress only to the next stage—not all the way to completion.

[Lilian Greenwood]

I completely understand the point that just because something enters the enhancements pipeline that does not mean it will reach the end. That depends on its progressing through the gateways. However, I should be grateful if the Minister set out clearly which parts of the enhancements pipeline will be transparent to the House and the wider industry. Will we know what things are in all the stages, or will we know only about the latter stages, once something has been committed to delivery? It would help us if we could be clear on that point.

--- Later in debate ---

[Andrew Jones]

My intention is that we should be as transparent as we can without giving a running commentary on schemes that also present challenges in the managing of expectation. I intend to be transparent about progress as they move through the pipeline—in the phrase I just used—and that suggests each stage of the process.

[Lilian Greenwood]

So is the Minister saying that when something moves from one stage of the pipeline to another, there will be an announcement to let us know?

[Andrew Jones]

Yes, exactly. What form it will take I do not know, but as schemes progress through, from “determine” to “develop” and so on, we will be transparent about it.

The objective is to secure value for the taxpayer by progressing schemes only when we have an appropriate understanding of how much they will cost, how long they will take, and the benefits that will be delivered. That is in great contrast to CP5, where that did not happen.

--- Later in debate ---

[Andrew Jones]

One simple way, of course, is to ask the Minister concerned. I will find out exactly where we are with the Ely junction and respond to the hon. Gentleman. Significant works are planned around Ely, but there are a number of junctions around Ely—I have reviewed a map of them in the past few weeks—and I will need to remind myself specifically which one that might be.

Let me go back to the changes to CP6 from CP5, which create a direct contrast. I think it is fair to say that in CP5 we overcommitted to projects at too early a stage, meaning that later we had to change the scope or cancel altogether, increasing the uncertainty and the impact on the industry’s ability to plan for investment and delivery. The RNEP sets out the Secretary of State’s four priorities for rail enhancements across the country, and we will not progress any enhancement that cannot clearly demonstrate how it meets at least one of them. It is important that those priorities remain applicable to the whole country so that the network can be improved fairly and as a whole.

I welcome the fact that the Transport Committee’s report shared a similar approach to our own in promoting engagement with third-party proposals for rail schemes. On 20 March last year the Department published its guidance for market-led proposals and launched a call for ideas for the same. That call for ideas ran between 31 May and 31 July last year. We received 30 responses. DFT officials have assessed all of them and will now work with promoters to move their schemes forward, although I stress that they will still be market-led. We will be transparent about schemes as and when they progress into the pipeline.

The question was whether this has stalled. No, it has not. We certainly want to see new entrants into the market and ideas being brought forward. I am absolutely clear that not all ideas to drive forward our network will come from SW1—that would be silly.

[Lilian Greenwood]

I thank the Minister for confirming that 30 proposals were received by the Department. I know that he does not want to raise expectations or to give us too much information, but will he at least confirm how many of the proposals are being progressed? Of those 30, how many are the Department taking forward? When might we expect to hear more about which those are, and where in the country they might relate to?

[Andrew Jones]

I cannot remember off the top of my head. I looked at the schemes but cannot remember the answer. I will have to write to the hon. Lady with the details.

We spent a bit of time discussing electrification. The hon. Lady expressed some concern and asked whether we had ruled out electrification. Clearly the answer is no. Our railway infrastructure investment in CP6, however, is about securing positive outcomes, not necessarily specific outputs or inputs. We want to secure benefits for rail users and to do so in the best way possible, rather than simply building more railway for its own sake. Passengers expect high-quality rail services, and we are committed to electrification where it will deliver passenger benefits and value for money.

We will also take advantage of state-of-the-art new technology to improve journeys. The hon. Member for Cambridge (Daniel Zeichner) talked about digital rail. Certainly, technology has a role to play. It is one of the exciting opportunities in the sector. We are already progressing a number of digital rail schemes, using the £450 million secured under the autumn statement 2016 to begin the roll-out of that vital technology. I agree with his points.

Our new approach is designed to provide the maximum possible certainty of investment and a sustainable pipeline for the supply chain. That will provide benefits balanced for the whole country. I met the Railway Industry Association and understand entirely its point about how unwelcome “boom and bust” is. One former Chancellor and Prime Minister talked about putting an end to boom and bust—I am not sure that he would use that phrase again—so I will be cautious in my language and instead say that we will smooth the pipeline of work so that the industry can plan appropriately—skill up and scale up.

However, I suggest that the industry should look at a £48 billion budget pipeline over the next five years and think, “Fantastic!” This Government are buying rail like no other Government in British history. We live in a bumper time for our railways, in terms of rolling stock investment, enhancements, new lines and maintenance. I would imagine—this is what we see—that a lot of people look at this and think, “I want to get some of the great work being done by the UK Government.”

Another aspect of technology to promote is how it can deliver outcomes. That includes the introduction of new bi-modal trains, which reduce disruption to passengers resulting from heavy infrastructure works. The new bi-modal trains are being delivered into service with Great Western, LNER and TransPennine, bringing modern traction technologies on to Britain’s railways.

We continue to promote the use of new technology across rail. Recent franchise competitions have included requirements for bidders to develop innovative solutions around rolling stock technology that will, among other things, reduce emissions on the network. I am keen to take forward the decarbonisation agenda, which the hon. Member for Nottingham South mentioned, and it remains an absolute priority. I will work with the industry and will publish that report—it cannot happen soon enough. I am talking about publication of the decarbon- isation report and about working with different types of traction, such as hydrogen-powered trains, which I have read about. I look at the opportunities that they present to improve air quality radically, and I think, “We want some of that in the UK.” It will certainly be a priority.

[Lilian Greenwood]

The Minister is being characteristically generous in taking interventions. I welcome the news that the decarbonisation report will be published. Will he clarify whether he has received that report from Malcolm Brown, the former CEO of Angel Trains? Will the Minister tell us a little about what is in it, or when he will share that information with us?

[Andrew Jones]

We have received a further draft within the past few days. It is not the absolutely final version of the report, but I understand that we are very near it. I hope to read it, but I think that I should read it when it is finished, rather than in draft form—to be fair to Mr Brown. As soon as we have more information, I will keep the hon. Lady posted.

Regional spend has been a concern in this debate and more broadly. The hon. Member for Kingston upon Hull North (Diana Johnson) kindly said that I was definitely listening—to confirm, I am definitely listening, and definitely Yorkshire. The Government are clear that there should be a balance of rail investment across the whole network, to the benefit of the whole country. The Government and the Select Committee alike agree that capital spending in one part of the network can deliver benefits further afield.

I must stress, however, that the Department for Transport does not allocate funding on the basis of per head of population. Our railway is a network, with spending in a particular area benefiting users up and down the country.

--- Later in debate ---

[Andrew Jones]

I am very keen for that line to be upgraded and will ensure that all the opportunities to progress it are considered. I want to make it absolutely clear that there is no loss of ambition, but at the same time we must be very careful when industry experts tell us that if we do any more we will bring the network to a halt for just about every weekend in five years. That is the advice from senior levels in Network Rail. On getting on with it, that cannot happen soon enough as far as I am concerned.

[Lilian Greenwood]

We still have 42 minutes left, but I do not anticipate that we will take that long. On the transpennine electrification, I accept the Minister’s point that we do not want excessive disruption, but will he accept that it is better to do the right thing, which will lead to cost-effective operations, environmental benefits and reliability benefits in the longer term, even if that sometimes means that delivery of the scheme will take longer? Will he commit to talk to Rail North about how the maximum benefits can be achieved in the long term, rather than a short-term approach that could bake in disbenefits over a very long period?

[Andrew Jones]

I will continue to talk with all the different bodies across the north to maximise the benefits. We are not taking a short-term approach; a short-term approach would be to get on and do it right away. We are taking the approach to deliver it in phases to maximise the benefits. At each stage we are also future-proofing it. That principle is already being implemented.

The hon. Member for Bradford South (Judith Cummins) talked about Northern Powerhouse Rail. I am also very keen for Bradford to be well served by that. Indeed, Transport for the North is developing the proposals for Northern Powerhouse Rail. That is great—it will be from the north, for the north. I went to Transport for the North’s last board meeting, at which I was going to receive the strategic outline business case. Transport for the North had to pull that business case at the last moment, but I will go up to its next board meeting; I do not criticise it in the slightest for that. The hon. Member for Nottingham South just mentioned the principle of getting things right for the longer term, and in pulling the business case, Transport for the North was making sure that it does that.

Northern Powerhouse Rail is a very exciting project. The only point I made when I said I would come back for the next board meeting was that I wanted Transport for the North to get on with the project promptly. Northern Powerhouse Rail and HS2 are linked in lots of ways, and any delays to Northern Powerhouse Rail could compromise other projects, so I urged speedy progress.

Colleagues mentioned HS2. I take the opportunity to confirm that HS2 remains a critical project for the Government.

Train Operating Companies: Yorkshire

Debate between Lilian Greenwood and Andrew Jones

Wednesday 19th December 2018 Westminster Hall

[Andrew Jones]

I am always available for colleagues and am happy to arrange meetings. I know that engineering work is going on around the Christmas period this year, and I shall be going to see it. That is affecting the possibility of running Boxing day trains this year; but let us look to the future. I am happy to meet the hon. Gentleman.

We shall shortly run out of time for debate, and I want to spend a moment looking ahead. I gently remind colleagues who talk about a lack of investment in the north that although I have some sympathy as to investment, a little caution is required in taking snapshots of figures. The figures for London reflect Crossrail, but analysis of the Infrastructure and Projects Authority figures for planned central Government spending on transport infrastructure in the four-year period we are now in—from 2017 to 2020—shows that the northern regions will have a higher spend than the southern ones.

[Lilian Greenwood]

Will the Minister give way?

[Andrew Jones]

I am going to run out of time in a minute.

[Lilian Greenwood]

On that point, please.

[Andrew Jones]

My goodness—go on then.

[Lilian Greenwood]

I thank the Minister for giving way. The point is important, because he talks about the northern regions, but this debate is about Yorkshire. As I said earlier, Yorkshire and Humber is set to receive the lowest level of spending of any region, according to his figures, at £726 per head compared with £1,026 in London and £1,139 in the south-east. It is much less than the spending in the north-west and west midlands, which will alter the figures. Yorkshire and Humber is losing out.

[Andrew Jones]

That was a repetition of the point that the hon. Lady made earlier, so I do not need to address it.

I gently remind hon. Members that we had a zero-growth franchise, which was put in place by the Labour party, and we are playing catch-up on under-investment. Labour Members may say that Labour invested steadily when it was in government, but the evidence is the exact opposite. We had a zero-growth franchise and are catching up from it. Let me consider what that catch-up might look like.

Although 2018 is clearly a year that passengers in the north would wish to forget, we should not overlook the fact that train services in the region will be changing fundamentally. A significant amount of investment will bring passenger benefits. On the infrastructure side, the electrification between Manchester and Preston, which I mentioned earlier, was finally energised last week and the first test trains are now operational. [Interruption.] It will benefit services across the north. That is my point. Electric passenger services will be phased in during the spring. Across the region platform lengthening is under way. Of course I recognise that performance is not good enough, and that is why we have made a change in the control period 6 budgets and priorities. Under CP6 there will be a budget of £48 billion. That covers the period from 2019 to 2024. The priority was moving away from enhancements to catching up on core reliability—the maintenance of the network.

[Andrew Jones]

If I get time I shall come on to the trans-Pennine upgrades, but the core purpose of the CP6 investment, which is a record from any Government in British history, is to increase reliability and punctuality.

The key thing that passengers will notice is new trains. New rolling stock will come in on Northern, TransPennine Express and London North Eastern Railway networks in the coming months, including the removal of Pacers by the end of 2019. By this time next year the vast majority of the 500 brand new carriages committed by Northern and TPE will have been delivered, and the remainder will have been completely refurbished. TPE will have introduced its new Nova trains on the north trans-Pennine route and all the Pacers will be gone from Northern. There will be more services to add to those already delivered, especially at weekends; there will also be later last trains in the evenings and earlier first trains on Sundays. Elsewhere, LNER will begin introducing its new Azuma trains next year.

The trans-Pennine upgrade is a huge Government initiative—a £2.9 billion upgrade covering York to Leeds and Manchester. It is one third of the expected rail upgrade investment in the next control period, so it is a significant point. By the way, freight has been mentioned, and it is of course still under our consideration for northern trans-Pennine.

[Lilian Greenwood]

Will the Minister give way?

[Andrew Jones]

No, because I am running out of time. I have 50 seconds left.

We have a trans-Pennine upgrade that is bigger than anything ever considered or delivered by Labour. We are delivering it for the north in a way that has never been considered before.

Northern Powerhouse Rail, which some have called Crossrail for the north, is a once-in-a-lifetime opportunity. The scheme is being developed for the north by the north—by Transport for the North—and the Government have given a budget to help it to do that. Crossrail in London was mentioned as if money were piling into it. The money that has gone into Crossrail was, of course, a loan. Transport for London needed that loan to help it deliver the project. It was not a grant.

Of course, it is fair to say that rail services across Yorkshire and the north as a whole have not been good enough. That is entirely understood, but I want to leave colleagues in no doubt that we recognise the importance of the Yorkshire rail network and that steps are being taken to improve it. More than that, I hope that in a year’s time passengers will be able to experience the change as investment comes on stream, and the benefits to match our vision for a 21st century railway in Yorkshire.

Bus Services Bill [Lords]

Debate between Lilian Greenwood and Andrew Jones

3rd reading: House of Commons & Report stage: House of Commons
Monday 27th March 2017 Commons Chamber

[Andrew Jones]

Some of the grant is already devolved to bus operators, but the key reason not to devolve it further is that it goes direct to bus operators, which very frequently operate routes that cross council boundaries. Council boundaries and bus routes are not the same thing. Transport to work has nothing to do with a local authority’s geography, so it would potentially be a bureaucratic nightmare to change the system.

Having said that, we are considering how to reform the BSOG operation. The grant pays a flat 34.57p a litre in subsidy, which is why it used to be called the fuel duty rebate. We are considering how to incentivise better practice, rather than just rewarding bus operators for using fuel, which is not good practice.

[Lilian Greenwood]

It feels as if the Minister is trying to devolve all responsibility for the state of our bus services. It was announced in the 2015 local government settlement that core central Government funding to local authorities would fall by 24% in real terms, which is partly why local authority support for buses is falling. Does he not take any responsibility for the impact that is having on bus services and on people’s ability to use the buses?

[Andrew Jones]

Of course I recognise that the pressures on local government finance are quite acute. In fact, I was in charge of my local council’s financial affairs throughout the financial crash in 2008-09, so I am fully aware of that. At the same time, it does not change the requirement to recognise that buses are a local service and should be determined locally.

--- Later in debate ---

[Lilian Greenwood]

I support amendment 1, and we had a long discussion on this issue in Committee. I spoke then and on Second Reading about the success of Nottingham’s municipal operator, and so, much as I love Nottingham City Transport, I will restrain myself and not repeat myself.

I continue to question the Government’s motivation for their determination to ban local transport authorities from establishing new municipal bus companies, as Ministers have simply not made the case for such a ban. The Transport Committee, chaired so ably by my hon. Friend the Member for Liverpool, Riverside (Mrs Ellman), describes it as a “disproportionate response”. Clearly, this measure is anti-localism and it prevents councils from acting in the best interests of their residents. In Committee, the Minister said that there should be a split between the commissioning and the provision of bus services. I do not disagree on that, but this ban goes far beyond that. As was noted in Committee, local authorities with municipal operators have proved themselves very capable of managing just such a split when tendering for supported services.

In Committee, the Minister also suggested that the existence of municipal bus operators

“could easily deter investment from the private sector”.

When I asked him what evidence he was drawing on in making such an assertion, he admitted

“of course we do not have any evidence for it. I am just looking at what the risks may be.”––[Official Report, Bus Services Public Bill Committee, 14 March 2017; c. 67.]

The Minister’s risk aversion is simply unnecessary and can be shown to be such. Nottingham has an excellent municipal operator, but it does not deter private sector investment; as the hon. Member for Newark (Robert Jenrick) mentioned, we have excellent private sector operators in Nottinghamshire, such as trentbarton. I hope that even at this late stage the Government will rethink their commitment to what I can only describe as an ideological obsession, and take this opportunity to end their unreasonable position and accept amendment 1.

[Andrew Jones]

This amendment, tabled by the hon. Members for Cambridge (Daniel Zeichner) and for Middlesbrough (Andy McDonald), proposes to remove clause 22. We debated this at length in Committee and I wish to reiterate that the several existing municipal bus companies, including Nottingham City Transport and Blackpool Transport, which serves the area of the rail Minister—my hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard)—deliver a high standard of service, and I will expect that to continue. Their ability to provide that is not affected in any way by this clause. The franchising and enhanced partnership tools in the Bill will provide authorities with more influence over bus services than they have now, and striking that right balance between local authority influence and the role that the private sector bus operator can play is important. Our view is that passengers will see the most benefit where the commissioning and provision of bus services is kept separate. As such, we do not think that authorities should be able to set up new bus companies.

We have seen encouraging innovations from the private sector—although not exclusively within that sector—such as the introduction of smartcards, the installation of wi-fi and increased accessibility in our bus network. Those improvements have all been delivered through private sector investment and they show overall that the industry is always innovating and delivering a good deal for its passengers.

Bus Services Bill [ Lords ] (Third sitting)

Debate between Lilian Greenwood and Andrew Jones

Thursday 16th March 2017 Public Bill Committees

[Andrew Jones]

I suspect we are going to have a further outburst of Tuesday’s agreeing with each other. Helping passengers with information on how bus services in their areas can meet their transport needs will put more passengers on to buses. That is fundamental to what the Bill is about and why the clause is central to the Bill.

Amendment 12 agreed to.



Amendments made: 13, in clause 18, page 74, line 22, after “routes,” insert “stopping places,”.

This amendment and amendment 14 ensure that information about stopping places is included in the types of information that can be required by regulations under new section 141A of the Transport Act 2000.

Amendment 14, in clause 18, page 74, line 23, at end insert “stopping places,”.—(Andrew Jones.)

See the explanatory statement for amendment 13.

Clause 18, as amended, ordered to stand part of the Bill.

Clause 19

Variation or cancellation of registration: service information

[Lilian Greenwood (Nottingham South) (Lab)]

I beg to move amendment 31, in clause 19, page 76, line 5, leave out “may” and insert “shall”.

This amendment would specify that regulations will require, rather than may require, operators to provide prescribed information.

[Lilian Greenwood]

It is a pleasure to be back in the Bill Committee and serving under your chairmanship, Mr Owen. I hope the Minister will accept the amendments as being helpful and seeking to improve the Bill.

I will begin by explaining the background. The Competition Commission completed an investigation into bus markets in 2011 and recommended that the Government give local transport authorities powers to obtain revenue and patronage information for de-registered services and the right to disclose that information to potential bidders for subsequent tenders. It also recommended a 14-day pre-notification period preceding formal service registrations, variations and withdrawals, which I think was partly aimed at curbing undesirable operator behaviour—bus wars—but was also relevant to its recommendation regarding supported services, specifically in relation to the provision of revenue and patronage information. However, it was not specific in its report about whether those data should be provided by default, or whether the onus should be on local transport authorities to request it. I contend that providing those data should be the default, rather than it having to be requested every time.

Fundamentally, the amendment is about efficiency—the efficient operation of the tendered bus services market and the efficient administration of that market, both of which have clear implications for public funds. It would not be a significant burden on operators to provide the data by default because a competent operator would already have the data to hand, as they would have been vital in informing their decision to withdraw or vary the service.

Nowadays, data are available in electronic form, so it would be fairly straightforward for the local transport authority to agree with operators a standard format for the provision of data. Many have already done so for financially supported services. Service changes where the provision of data is not necessary—for instance, normal frequency increases or minor time changes—can be specified in the regulations, making it clear what data the local transport authority is entitled to.

On the contrary, it would be an administrative burden, both for local transport authorities and operators, for the data to be requested and provided on an ad hoc basis. If the data were provided at the start of the pre-notification period, the local transport authority could make initial preparations for whether and how to replace most effectively the commercial service and, if appropriate, challenge the operator’s intention. That could result in either the operator continuing to provide the service commercially or amending the variation, so that less public sector service support was required.

Provision of the data to all potential bidders would encourage more and better-informed bids, which would result in more competitive prices, a lower risk of successful bidders being unable to sustain the service and, therefore, a lower risk of the need to retender the service, with associated administration costs and potential disruption to passengers. It would, of course, reduce the ability of operators to game the system by withdrawing or reducing a profitable service in the expectation of regaining the service when it was put out to tender.

In summary, having information available as quickly as possible is essential for supporting efficient passenger services and minimising disruption. The amendment seeks to address concerns raised by the Competition Commission and to implement its recommendations most effectively. Making provision of information the default and automatic removes unnecessary bureaucracy. Any draft regulations should align with the provision, making it clear that when an operator applies to vary or cancel a service registered under section 6, the operator should automatically disclose the information to the authority.

[Andrew Jones]

I will speak to amendments 31 and 32, tabled by the hon. Member for Nottingham South. They would require operators to provide the prescribed information automatically, without the local authority having to request it. The purpose of clause 19 is to improve competition in the supported services market by putting all bidders on an even footing, which is clearly positive.

Where an operator chooses to reduce or withdraw a service, the clause should help prevent incumbent operators from having an unfair advantage when preparing a bid, if the local authority decides to tender for a replacement service.

Not all local authorities will want to provide a subsidised service. If the requirement to provide information were automatic, it could present an unnecessary burden on both the operator and the council when there is no intention to proceed. They would simply be required to provide information to the local authority, even if no one intends to make use of it.

There is nothing in the provisions to prevent a local authority whose default position is always to consider tendering for replacement service from reaching an agreement with operators in their area for the information to be provided automatically, but compelling such activities regardless of need seems unnecessary and a bit excessive.

I hope that explanation and the reassurances are helpful to the Committee and that the hon. Lady feels able to—

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[Andrew Jones]

It is addressed by the fact that the local authority can request, at its instigation, data from the bus operator to prevent that from happening. It will have transparency on that. I am aware of such things happening in theory—the case was made by the hon. Member for Nottingham South—but the system is there to prevent that from happening. The question is whether the information is given at the request of the local authority or automatically, regardless of need.

[Lilian Greenwood]

Does the Minister not think that it could reduce bureaucracy if operators knew that they would always have to provide that information, rather than the local authority having a limited period to request the information and the operator then having to go away and find it? If it is readily available, as it must be if the operator has considered withdrawing or amending a service, surely it would be simpler if operators always provided that information.

[Andrew Jones]

The information will clearly be available, because the operator will be making a commercial decision, based on information. However, if the authority has no intention of taking it forward, do we need to go ahead with this proposal, or is it excessive? If sufficient interest in doing so is expressed in the current consultation, I am happy to consider adding a mechanism in the draft regulations under the clause to allow a local authority to notify operators if it wishes always to receive such information, but otherwise I think that it is excessive.

[Lilian Greenwood]

I thank the Minister for that assurance. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Andrew Jones]

I beg to move amendment 15, in clause 19, page 76, line 36, at end insert—

‘( ) In this section “local transport authority” has the meaning given in section 108(4) of the Transport Act 2000.”’

This amendment adds a definition of a term, “local transport authority”, which appears in the clause.

Clause 19 provides powers to the Secretary of State to make regulations that enable local transport authorities to request information on the revenue and patronage of commercial bus services that are being withdrawn or reduced, and to disclose that information to bidders for subsequent tenders. Amendment 15 is a little dry and technical. It basically adds a definition to the term “local transport authority” to clarify that it has the same meaning as in section 108(4) of the Transport Act 2000. It is necessary because otherwise there would be no clarity about the definition of a local transport authority in proposed new section 6C of the Transport Act 1985.

Amendment 15 agreed to.

Clause 19, as amended, ordered to stand part of the Bill.

Clauses 20 and 21 ordered to stand part of the Bill.

New Clause 1

Bus companies: limitation of powers of authorities in England

“(1) A relevant authority may not, in exercise of any of its powers, form a company for the purpose of providing a local service.

(2) Subsection (1) applies whether the relevant authority is acting alone or with any other person.

(3) In this section—

“company” has the same meaning as in the Companies Acts (see sections 1(1) and 2(1) of the Companies Act 2006);

“form a company” is to be construed in accordance with section 7 of the Companies Act 2006;

“local service” has the same meaning as in the Transport Act 1985 (see section 2 of that Act);

“Passenger Transport Executive”, in relation to an integrated transport area in England or a combined authority area, means the body which is the Executive in relation to that area for the purposes of Part 2 of the Transport Act 1968;

“relevant authority” means—

(a) a county council in England;

(b) a district council in England;

(c) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

(d) an Integrated Transport Authority for an integrated transport area in England;

(e) a Passenger Transport Executive for—

(i) an integrated transport area in England, or

(ii) a combined authority area.”—(Andrew Jones.)

This amendment prohibits county and district councils in England, combined and integrated authorities in England and passenger transport executives in England from setting up companies to provide local services.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

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[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.

[Andrew Jones]

We have been very clear throughout the passage of the Bill, both here and in the other place, that bus services must work for the people they serve. We have heard examples from colleagues this morning about how important buses are for people with disabilities. We know that is the case, and that buses and taxis are the two main modes of transport for people with disabilities.

New clause 3, tabled by the hon. Member for Cambridge, seeks to require bus drivers and other staff to complete disability awareness training. I am sure the Committee will be pleased to hear that there is much in the new clause that I agree with—I too have met campaigners and charities. Disability awareness training can help transport staff to provide the assistance that disabled people require, and I agree that we should all expect bus drivers to complete it. That is why we fully support the implementation of article 16 of EU regulation 181/2011, which from 1 March next year—a full year before the hon. Gentleman’s proposal would take effect—will require drivers to do so.

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[Lilian Greenwood]

I want to press the Minister a little further on that. I appreciate that there is already a requirement for bus operators to make reasonable adjustments but, frankly, the Paulley case would not have gone all the way to the Supreme Court if there was not a need for further clarity. If the Minister agrees that the wheelchair space should provide priority to the wheelchair user, rather than others who might wish to use that space, surely such legal clarity would be helpful to drivers who seek to ensure that that right is there for the disabled person. I am not sure I understand why the Minister is reluctant to provide that.

[Andrew Jones]

I will come straight to new clause 7, which the hon. Lady tabled. That new clause seeks to provide the means by which wheelchair users must be given priority use of the wheelchair space on buses. I fully recognise the comments that have been made about how difficult this is for bus drivers. That is clearly a fair and accurate comment. I recognise the challenges that wheelchair users face in accessing bus services. That was set out very clearly and powerfully in the written evidence to the Committee from Mr Paulley.

I have highlighted the work that we are doing to understand the implications of the Supreme Court’s judgment on the provision of reasonable adjustments on buses and to identify what interventions might be required as a consequence. It is my intention that we should hear the advice of disabled people, wider passenger groups and communities, and bus operators themselves before we reach a conclusion on the best course of action.

I can see practical difficulties, as I think did the Supreme Court. We have to recognise that wheelchair users will not be the only passengers with a genuine need to use that space. Interventions should also protect the interests of parents with disabled children, those with walking frames and the owners of assistance dogs. This is a complicated issue and we have to take care to find the most appropriate solution.

We have already contacted people to ask them to join the group that we are pulling together. I recognise that there is a timeliness to this work. I assure the Committee that we will respond proactively to the Supreme Court’s judgment, where a need for Government intervention is identified. Without wishing to prejudge the outcome of our stakeholder discussions, I doubt that any new regulatory powers will be required. A range of existing powers, such as the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990, are available to us, should we need them.

Given that, and with my assurance that this is live work that I will continue to treat with great importance, I hope the hon. Member for Nottingham South will recognise that the new clause is a little premature. We need to work through all the implications, but the good will is clearly there to find a practical way forward for the industry.

[Lilian Greenwood]

I certainly welcome the assurances the Minister has given. I would not wish to prevent that work with stakeholders from being undertaken, but will he give us the likely timescale for that work? I recognise that he is being very helpful, but I think that there will be concern among the wider community, particularly those with disabilities, that this matter has been discussed for some time. Although I am mindful of what he has said, I would like some assurance about when the work will be completed.

[Andrew Jones]

It is right to raise the issue of timing. I think that it took five years for Mr Paulley’s case to go through our legal system. We have already started by making contact with the groups who would like to be involved in that work and we intend it to run during the course of the summer. I entirely recognise the timeliness of this and hope that that provides reassurance.

Finally, new clause 9, which also appears in the name of the hon. Member for Nottingham South, would require bus operators to publish policies similar to the DPPPs produced by train and station operators, in order to protect the interests of disabled passengers. My colleague in the other place, Lord Ahmad, looked into this issue in some detail. I, too, have considerable sympathy with the underlying aims of the proposal. I have met campaigners on the issue, including Baroness Campbell of Surbiton. I know that for many disabled people, a lack of information on the accessibility of bus services may well prevent them from travelling at all.

Confidence among disabled people was highlighted in our debate this morning, and I entirely agree with that point. Lack of information may ultimately mean that they are prevented from accessing work or excluded from their local communities. We have, therefore, committed to recommend in the guidance that authorities ensure that information on the accessibility of bus services is made available to passengers. That might be in a form provided by the authority itself or individual operators, but we hope it will be of significant help to disabled passengers in making more informed travel choices.

We have been working on the issue with the Disabled Persons Transport Advisory Committee, which has developed a template that we could use. I am keen to publish that as part of the guidance and to encourage all bus companies to use it. That will keep it simple and bring the information together in a presentable way. I thank DPTAC for that work.

The hon. Member for Nottingham South talked about the difference between guidance and mandation. We are seeing significant progress in our bus industry. More than 94% of buses in England now meet the accessibility standards. We want to make it 100%, but that is good progress. Mandatory disability awareness training will be introduced next year. Our work so far with the industry suggests that the vast majority of drivers have already had or are going through that training.

A requirement for all buses to be talking buses is in the pipeline, as we have just discussed, and there is a clear commitment to advise authorities of our view that disabled people must have the information they require. I believe that our bus sector is making significant progress in meeting the needs of all who wish to use its services.

There is a slight concern that a proposal of the kind made by the hon. Lady could lead to a cumbersome approach, although I recognise that was not her intention, as she made clear. I want companies to be focused on delivering for all passengers the services that they need. I am aware that DPPPs are in play in the rail sector. However, there are only 30 companies in our rail sector and more than 1,000 in our bus sector, so the read-across is a little difficult.

Given that and my clear and unambiguous commitment to make buses, and public transport in general, increasingly accessible for all passengers, including disabled passengers, I hope that the hon. Members for Cambridge and for Nottingham South will be minded not to press their new clauses.

--- Later in debate ---

[Lilian Greenwood]

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

I will be fairly brief. As the Committee will be aware, bus service operators grant is currently paid as a rebate to bus companies. It is calculated based on the amount of fuel they use. It is therefore a direct disincentive to economising fuel consumption and/or moving to low-emission vehicles. The Department itself acknowledged that under the coalition Government in its “Green Light for Better Buses” document of 2012, which states:

“we were…concerned that a system which pays subsidy according to how much fuel a company uses cannot be right for the twenty-first century.”

They were right about that. Back in 2012, they began to devolve funding in some areas, which were known as better bus areas. The results were encouraging.

The new clause simply seeks to build on that work by terminating the payment of the bus service operators grant directly to bus companies, instead passing the money to local authorities, not least to promote the development of better partnership working, which is part of the thrust of the Bill. Where local authorities set up advanced quality partnerships or enhanced partnerships, it would be incredibly helpful if they could incentivise operators to meet the commitments they make under those partnerships. We could call that the carrot. Conversely, the stick would be to penalise poor compliance by limiting the payment of BSOG to operators, thereby helping them to adhere to the partnership work that had been set up. I am sure we would all recognise that sometimes we agree to do something and really do mean to do it, but we need a bit of a prod to remind us. Giving local authorities control over the bus service operators grant would enable them to do just that. It would be very helpful in enabling partnerships to operate effectively.

In 2012, the coalition Government considered further devolution of BSOG. There was a concern that it might lead to a loss of funding for bus services. That is why, in drafting the new clause, I was very clear that, as the funding passed to local authorities, it would be ring-fenced to be spent on local transport. BSOG needs to be used in such a way that passengers see a maintained or even improved local transport service. We would also like to encourage the bus to be greener and more efficient in the long run.

I hope the Minister will consider this a helpful new clause that follows on from other work he has done.

[Andrew Jones]

Each year nearly £180 million of bus service operators grant is paid to commercial bus operators that run local bus services. A further £40 million is paid to local authorities to subsidise socially necessary local bus services that are not commercially viable. In addition, a further £20 million a year is provided in incentives to bus operators, for example to encourage them to install smart ticketing machines or to use low-emission vehicles.

The new clause would abolish the bus service operators grant that is paid to commercial bus services. The funding would be transferred to be spent on local transport services. I simply do not think that would work effectively in practice. Commercial services often run across local government boundaries. If this approach were implemented, decisions taken by one local authority about funding buses could easily have adverse impacts on adjacent areas. Many of the passengers affected would have no way of making their views known at the local ballot box.

There would be no guarantee under the terms of the new clause that the funding would be used for bus services. It could be used on other means of supporting local transport. Nor does the proposal guarantee additional local authority funding for transport. An authority could simply substitute this funding for existing transport funding and divert that resource elsewhere. The proposal could therefore remove support for local transport entirely.

We are undertaking a review of how BSOG is spent in England and hope to publish details of our proposals later this year. We have already committed to devolve BSOG where franchising is implemented. Overall, I believe that it is right that the grant should generally continue to be paid to commercial bus service operators in a revised form. I hope the hon. Lady feels able to withdraw the new clause.

Bus Services Bill [ Lords ] (Second sitting)

Debate between Lilian Greenwood and Andrew Jones

Committee Debate: 2nd sitting : House of Commons
Tuesday 14th March 2017 Public Bill Committees

[The Parliamentary Under-Secretary of State for Transport (Andrew Jones)]

If we had been paying more attention, at 24 minutes past 11 I would have said that we were done, that we had had a good debate on the issue and should now proceed to a vote. I think I have said all I need or wish to say on the issue. I hope I have answered colleagues’ questions about the principles of franchising and access to franchising, which will be a feature of our bus market. We have built in to the Bill safeguards of accountability and preparedness of local authorities, as well as protection for small and medium-sized companies.

[Lilian Greenwood (Nottingham South) (Lab)]

Will the Minister give way?

[Andrew Jones]

Yes, go on then.

[Lilian Greenwood]

The Minister is characteristically generous. During the break, I reflected on the points made by my hon. Friend the Member for Houghton and Sunderland South. The Minister has been clear that franchising should be one of the options available, particularly to mayoral authorities, in trying to deliver for passengers. He put passengers at the heart of the matter. Will he take this opportunity to condemn the language used by one of the major operators, who described local authority leaders who were trying to improve passenger services as “a bunch of unreconstructed Stalinists”? Does the Minister agree that that is unhelpful language when referring to local authorities that are seeking to do the best for their constituents?

--- Later in debate ---

[Andrew Jones]

I suggest that the answer is no. If an area has a service withdrawn simply because of some kind of principled objection by a bus company to a regulatory model, those would be very unusual circumstances, with the company turning down business. In that case, others would, I suggest, snap it up.

[Lilian Greenwood]

If only the situation were as unlikely as the Minister suggests. I invited him earlier to express a view on the remarks made by the chairman of Stagecoach. I will continue his remarks about “unreconstructed Stalinists”. He went on to say:

“The first contract that they put out on my business I’m out of Tyne & Wear completely, and they can buy 500 buses and find four bus depots.”

Is the Minister not saying precisely that Tyne and Wear could not do that? Therefore, it would be subject to the whim of a large private sector operator that knows that it has local authorities over a barrel when it is the large incoming operator.

[Andrew Jones]

The hon. Lady has been drawing on a very interesting set of quotes. The chairman of Stagecoach was obviously having a very lively day and making some lavish comments. If he wished to withdraw from the marketplace, I am sure there would be plenty of competitors saying, “Thanks very much, Brian, we will snap up that little operation.” I still do not think that changes the position. If people withdraw from a marketplace, I would expect others to pile in. That is what the nature of competition should be about.

--- Later in debate ---

[Andrew Jones]

My hon. Friend makes an interesting point. I anticipate from my conversations with Transport for Greater Manchester that it will be keen to pursue a franchising model. This will be its call, but I would anticipate not a one-size-fits-all model, but different operators providing services in different parts of his area. If one failed, others could come in. I have certainly been contacted by bus companies that see franchising tenders as a way to enter the UK marketplace. It could prove to be a spur to competition. We have powers in the Bill should there be failure, but those should involve private companies under commission, rather than municipal companies.

Amendment 10 relates to new clause 1. It concerns a cross-reference in the Bill and nothing more.

[Lilian Greenwood]

It is a pleasure to serve under your chairmanship, Mr Owen. I oppose new clause 1, as I am sure the Minister anticipated. I thank him for his recognition of the success of some of the existing municipal operators. Mr Owen, I hope you will indulge me if I explain why this is so important. I represent a constituency with a very successful municipal operator. I do not think the Committee will mind if I remind it that Nottingham City Transport, which is one of the most successful municipal operators in the country, is the only operator to win the UK bus operator of the year title four times. It also won the Route One large operator of the year award in 2016 and the award for customer focus at the European Business Awards in 2015; it had the top national bus driver in 2014 and won the Guide Dogs Award for breaking down barriers in 2014. I could go on, Mr Owen—there are many ways in which it is an exemplary bus operator. As I said on Second Reading, these things are not just being stated by me because I am the local MP—they are backed up by evidence.

When we look at the most recent national bus passenger survey, for 2015, we find that Nottingham City Transport is No. 1 one out of 50 operators for overall satisfaction, with 97% satisfaction. When we look at value for money, it is not No. 1, but it is No. 4 out of 50 operators, with 74% satisfied with its value for money, which is pretty good. On satisfaction with punctuality, again it is No. 1 with 85%, and it is joint second on satisfaction with bus journey times. There is no doubt that it is a really good example of what a good operator should be doing, and not just on those issues that are covered in the passenger survey.

I know we are going to discuss accessibility during the passage of the Bill. The percentage of accessible buses run by Nottingham City Transport’s 330 buses—it is quite a large operation—is 100%. In the other place the provision of audio-visual announcements on buses was raised. Many operators have suggested that it is too costly, but 80% of Nottingham City Transport’s buses already have audio announcement. As has been acknowledged, 100% have free wi-fi. On many levels, that shows what a bus company can do. I found it quite difficult to understand the Minister’s submission, as he acknowledged the value of municipals such as Nottingham City Transport and others—Reading Buses has also been a recent winner of bus operator of the year—which is okay, but why not allow that possibility in other areas?

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[Lilian Greenwood]

I am mindful of the point my hon. Friend the Member for Cambridge made about evidence. When the Minister says that the existence of municipal bus services or an intention to set up a municipal bus service would prevent investment from the private sector, what evidence is he drawing on? My city has a very successful municipal operator, but that does not prevent investment in the private sector. In fact, we have an extremely effective local private operator and, if anything, the competition with the high-quality municipal has driven up its investment in its services. I therefore ask the Minister to set out what evidence he is drawing on in making those remarks.

[Andrew Jones]

What I said was that it could deter investment. We are talking about projections into the future, and as the future has not yet happened, of course we do not have any evidence for it. I am just looking at what the risks may be.

What we seek to do in the Bill as a whole is to enable bus companies and authorities to work more constructively together on behalf of passengers to deliver better services. I think we have struck the right balance. There is no doubt at all that the municipal companies are, indeed, successful, but we have chosen to highlight a couple that have perhaps been at the high end of success—the Nottingham and Reading companies have quite reasonably had a lot of mentions today. The last company that I visited was the bus company in Reading, and I thought it a very successful and impressive operation, but within a few days of that visit we saw the Thamesdown service sold after many years of making a loss. The idea that it is only municipals that are successful and innovative is not true. Success has come from having the right balance, and that is exactly what we are achieving in the Bill.

On international comparators, I am not an expert on the bus markets of different countries, but I am aware that the successful transformation of our rail services, which was mentioned earlier, has led to ours being the fastest-growing railway in Europe.

Amendment 10 agreed to.

Bus Services Bill [ Lords ] (First sitting)

Debate between Lilian Greenwood and Andrew Jones

Committee Debate: 1st sitting : House of Commons
Tuesday 14th March 2017 Public Bill Committees

[Andrew Jones]

I am happy to consider the commencement of these powers, but we have to go through a number of safeguards yet. I do not think that we are in a position to go any further. I am quite happy to keep this dialogue going, but the case has not been made in a way that has convinced me or other departmental colleagues. Indeed, I think that there are reservations across the House more broadly.

This is not about restricting powers; it is about granting powers to councils to enforce moving traffic offences. I know that they want them. These powers have been on the statute book for 13 years and not commenced. Our predecessors probably had some of the same reservations that I have had. I do not think that we can go any further than my commitment to keep talking and not to be against this in principle.

[Lilian Greenwood (Nottingham South) (Lab)]

I am sure that the Minister is aware of the report by Professor David Begg for Greener Journeys about the impact of congestion on bus passengers and the fact that bus journeys have been reducing by 10% each year. If that trend continues, will he look again at traffic management? Clearly, congestion hits buses harder than it hits other vehicles. If bus speeds are reducing, that can hit bus patronage. This goes against the very ethos of his Bill, which is to increase bus patronage and encourage the use of the bus as a means of transport.

[Andrew Jones]

The hon. Lady is absolutely right. The heart of the Bill is more powers to get more passengers on to buses. That is what the Bill is for. I am certainly aware of the report by Professor Begg; I have read it and discussed it with him. Indeed, we have spoken at a couple of conferences together and discussed the matter. I have no doubt that congestion is a factor. At the same time, the Government are taking significant action to tackle it. Only last Friday morning we announced a further £110 million of schemes to tackle congestion and particular pinch points on the strategic road network.

We are aware of the impact on congestion and are taking action. I am aware of the concerns in the industry. I support, for example, the introduction of bus priority measures, where it is appropriate and when councils, as local highway authorities, take these actions. That still does not mean that we are in the right place to take this issue forward today.

Amendment 1 agreed to.

--- Later in debate ---

[Andrew Jones]

There are a few questions to deal with. Let me start with the underlying principles. I agree that devolution has not been tidy over the past few years, but it has generally progressed from the ground up. I am a great supporter of devolution; we should trust people to make local decisions wherever possible. The hon. Member for Blackley and Broughton suggested that the principle was a little arbitrary, but actually, it comes down to whether there is governance and some kind of control. If we can ensure that we have governance and control, I am happy to see devolution progress. A further point could be accountability, which we might come on to during our debate on franchising.

I am all in favour of consultation with employee representatives when there are material changes to people’s working conditions. A franchising scheme would mean that, which is why we put employee representatives in that proposed new section in the Bill. That is unlikely to be the case for the simple, more structured partnership arrangements, which are about local authorities and bus companies coming together to agree and put forward a set of consumer offers.

[Lilian Greenwood]

I wonder whether the distinction that the Minister is making is right. Employee representatives clearly have a role and need to be consulted on issues that affect the terms and conditions of their members, but does he not accept the point made by my hon. Friend the Member for Cambridge? The people who deliver those services—the frontline workers in the bus industry—have valuable expertise, so there is value in consulting them and seeking their view on operational aspects and not just the bits that might affect their employee terms and conditions. Does he not accept that there is value in gaining their expertise as part of the process?

[Andrew Jones]

Yes, I do accept that. I worked in business for 25 years before coming to Parliament. If changes are going to be made or if a company seeks to improve, the best thing to do is to talk to people and take them with you. I fully recognise that; doing so is good practice.

I would expect any authority developing partnership schemes to talk very widely. The whole point of partnership schemes is to get people to come together to decide on a set of customer benefits and deliver those benefits to put more people on buses. The authority will be free to consult as widely as it wishes—that is fine, I am all for it doing that—but in areas where terms and conditions change, we need to go further and make it mandatory. That is the difference between us on the Bill; it is not a big difference.

Is consultation a good thing? Of course it is. Are employee representatives at the heart of that? Of course they are, but where terms and conditions are changing, we need to make it mandatory.

Question put, That the amendment be made.

--- Later in debate ---

[Andrew Jones]

It is not a case of one or the other. There will be different models in different places—I am quite relaxed about that. We cannot say that one is better than the other. I can see areas where there is a route to franchising; Manchester certainly feels that that would work for it. There are other areas where we have partnership working already and the decisions are made by bus companies that are seeing passenger growth. I want to continue to have innovative bus companies seeing markets and opening up routes to take advantage of those markets, marketing their services and developing a product that was not there before. I have seen that in my constituency. It is not one or the other, but a mixture of both. I see quite a complex market with different providers doing different things, but at the heart of that I see collaboration and co-operation, which effectively will be built into the partnership powers.

I was explaining the criteria that we will consider for franchising. The final one of the five is that the authority will need to demonstrate that it has effective decision-making and accountability arrangements for its decisions on franchising. That relates to a point that was made by my hon. friend the Member for Solihull. Those arrangements should be transparent to local people and a named individual should take the decisions—it could be the Mayor or a council leader. That is what is likely to demonstrate accountability most clearly.

[Lilian Greenwood]

I completely accept what the Minister says about local elected politicians having to take responsibility for their decisions, particularly if they move into franchising. However, will the Minister explain something that I do not understand? If Nottinghamshire County Council, for example, wanted to provide better bus services, why is that not a decision it could take? It is accountable to the electorate through county council elections and can make many decisions about the local authority services for which it is responsible. Why is the provision of bus services through a franchising model different from every other decision that the local authority might take and for which it is accountable in the normal, democratic way?

[Andrew Jones]

Moving to franchising is a fundamental change that will affect potentially hundreds of thousands of people. It is not something that can be entered into lightly. Any decision to move to franchising can only be reversed in certain circumstances. It is therefore right that people know exactly how the decision to implement franchising was taken and by whom, so that there is clear accountability for such decisions at the ballot box. The policy statement we have put out does not absolutely require a single person to take the decision to implement franchising. Authorities are free to suggest alternative approaches and explain why they believe that they offer sufficiently high levels of transparency to the public. We would, however, be likely to require some persuading that a complex structure would be an appropriate route. I am trying to keep things simple, with a line of accountability, rather than make anything more complex.

I do not want to give the Committee the wrong impression. The hurdles that we are talking about are not designed to be impossible. The Government are not seeking to put barriers in the way of authorities that wish to go down the franchising route. I am quite neutral about the different types of model they will have access to. This debate is about who has automatic access and who has a further set of questions to answer before they get the powers to do so. I have just been detailing the criteria for that.

I can see examples where franchising will work, but I am putting my thoughts into the views of local authorities, which is not exactly in the spirit of what the Bill is trying to do. I can also see areas where it will be inappropriate, which is again putting my views on the matter. That is not what the clause is about. It is about having a suite of powers so that local authorities and bus companies can come together to put more passengers on to buses, so that buses are no longer the Cinderella part of public transport that they have been, as Members have suggested today.

[Lilian Greenwood]

I thank the Minister for giving way; he is being very generous. What is the balance between a local authority choosing to go down the franchising route and a local authority taking completely the opposite view? I looked at the Campaign for Better Transport report yesterday, which shows the impact of some of the decisions that local authorities have taken. Local authorities can choose to remove all subsidy from all supported services, which seems to me a huge decision, but they can do that without asking the Secretary of State whether it is okay, yet if they want to introduce a system to improve bus services, they have to leap over the Minister’s five hurdles. It seems disproportionate that to improve services they have to leap over five hurdles, but to remove all subsidy from local authority provided bus services, no reference to the Secretary of State is required. How is that a fair balance?

[Andrew Jones]

The hon. Lady makes an interesting point. We all know that councils are under financial pressures. I was a councillor for eight years, which included financial responsibility during the financial crisis of 2008 and the years to follow, until I came here. The point is that where councils make investments to subsidise services, those will be targeted interventions, usually to meet a particular need. It could be to do with the village that the hon. Member for Ashfield highlighted, for example. We all know that that happens around the country.

However, if an area moves to franchising, it affects the entire market, not an individual route. It is a significant jump of enormous scale that affects hundreds of thousands of people, so we are looking at having greater controls before councils have access to those powers. That is all this is about. It is not about taking the view that they should not go down that route or putting up impossible hurdles. These are sensible measures that give authorities a realistic chance of effective delivery of a franchising model. They are simply sensible tests.

Amendments 17 and 18 will ensure that two cross-references in schedules 3 and 4 are correct. The relevant regulation-making power will be in new section 123A(4) of the Transport Act 2000. The amendments make that minor change and are technical in nature.

We have had a conversation about the principles of franchising and we have made the case very clearly that the Government support franchising as a model and recognise where automatic access is appropriate. We also recognise that such is the scale of the decision that further tests are required before authorities have access to those powers.

--- Later in debate ---

[Andrew Jones]

The door will most certainly be open. We do not seek to put barriers in the way. The whole point about the Bill is that it is an enabling one. My last conversation with Cornwall suggested that it probably would not go down the route of franchising, so it may not seek to make an application to the Secretary of State. However, it has done something interesting with its bus market, which is why Cornwall gets a lot of attention. A partnership has been established with the primary local provider in Cornwall—FirstGroup, I think—which has changed networks and routes and co-ordinated services. We are seeing the company invest in a new fleet, and patronage on the bus network has grown and the market has become profitable. Cornwall is an interesting example of what can be achieved by working together, which is why the authority is often discussed and held up as a poster area for the marketplace. Interestingly, it is using some of the powers in the Bill before we have got to the Bill, but not necessarily in the franchising area.

[Lilian Greenwood]

Does the Minister not believe that the fact that Cornwall would potentially have the use of franchising powers may have assisted it in the partnership negotiations? The very fact of having access to powers can be enormously important in assisting an authority, perhaps in getting a bus company to listen in ways it would not otherwise do.

[Andrew Jones]

That is a possibility, and it would, of course, be a possibility that would exist absolutely everywhere.

[Lilian Greenwood]

Not if there are no automatic franchising powers.

[Andrew Jones]

Cornwall does not have automatic franchising powers, but it could apply for them in the same way as all other authorities. That goes a bit towards the national versus local capability that the hon. Member for Blackley and Broughton mentioned.

My general view is that we should support localism. We stand a better chance of a good delivery of a service to solve a local problem if the decision is made as near as possible to the point at which the service is delivered. The service would be tailored to the local need. That should be a basic principle, but does it lead us to question the criteria? No, because the criteria for the introduction of franchising are significant—this is a significant step. They are safeguards; it is not about putting barriers in the way but about ensuring that everything is fit for purpose in order to proceed. The key point is that we do not want to stifle investment by the bus industry, and that could well happen if an authority attempted to pursue franchising under automatic powers without delivering it. Once a category of authority has the powers, there is a permanent risk of its deciding to use them, whatever a court may ultimately decide. It is a question of getting the balance right and getting the safeguards in place without making them onerous hurdles.

The hon. Member for Cambridge said that there is hope attached to the Bill. Yes, in some ways there is. People want buses. It is a good thing. I have to say that I have been pleased to see how the industry has received more retention, not just among the big operators but from some of the smaller ones—

Oral Answers to Questions

Debate between Lilian Greenwood and Andrew Jones

Thursday 10th March 2016 Commons Chamber

[Andrew Jones]

Fuel duty might well be something for the Chancellor to consider rather than me, but I can highlight the bus service operators grant, which used to be called the fuel duty rebate and provides a 34.57p subsidy per litre of fuel used. We are supporting bus companies and local authorities through that mechanism.

[Lilian Greenwood (Nottingham South) (Lab)]

Subsidy for all 118 supported bus routes in Oxfordshire is being withdrawn and, earlier this week, I travelled on the popular 215 service along with the excellent Labour and Co-operative councillors for Witney and Chipping Norton, who are campaigning to protect their local bus networks. Will the Minister join me in welcoming the fact that some additional funding has now been secured for local transport on a cross-party basis and does he agree that when the buses Bill is published, it must address the severe challenges facing rural bus services, including in the Prime Minister’s constituency?

[Andrew Jones]

I remind the hon. Lady that she was busy saying that we were going to completely cut and lose BSOG, but it has been protected. I am always pleased to hear that local authorities are supporting their bus services, because I value the role that buses play in local communities. We should be supporting local authorities in deciding their funding priorities.

Driving Instructors (Registration) Bill

Debate between Lilian Greenwood and Andrew Jones

Friday 4th March 2016 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Andrew Jones)]

I congratulate my hon. Friend the Member for Southend West (Sir David Amess) on his remarkable success in getting the Bill this far. He has steered it very well. He mentioned the Committee stage, which managed to last an entire 14 minutes. Approval for the ideas he brings forward is very clear, and I hope to see the Bill making it on to the statute book shortly. The Government support the Bill.

I shall be relatively brief and expeditious. Let me first confirm that, in my view, the provisions of the Driving Instructors (Registration) Bill are compatible with the European convention on human rights. Thanks to the great efforts of my hon. Friend, we are now aware that paid driving instruction in Great Britain has been regulated for many years—in fact, since the 1960s. It is therefore unlawful for a person to carry out paid driving instruction unless they are registered as an “approved driving instructor”, commonly known as an ADI. To become a qualified ADI, an instructor must take and pass a three-stage process. There is a purpose to the legislation, which is to ensure that an instructor is sufficiently qualified to deliver a robust standard of instruction to learner drivers and, through that, help to preserve road safety by making sure they become safe and responsible drivers.

The regime to control the process is proportionate. We need look only at our country’s record on road safety to see the contribution that ADIs have made; indeed, other countries look at our record with some envy and have sought to replicate our system. As my hon. Friend made clear in Committee, however, some of the legislation is out of date and due for a change. That, of course, is why we are here today.

My hon. Friend has identified two quite simple changes that can be made to the legislation to bring it up to date and make it more reflective of current work practices, without compromising instructor standards. As he has pointed out, driving instructors are primarily small businesses, often operating individually or perhaps as part of a smaller franchise arrangement. These simple provisions will provide benefits of a deregulatory nature for a group of small businesses, which is entirely in keeping with the Government’s intention to remove barriers to business.

The two ideas are quite straightforward. The first is to help people back into the industry through the removal of the requirement to redo their full three-part qualification. Last year, 2,500 ADIs allowed their registration to lapse, but only 1%—just 25—applied to requalify. I am sure that, had the requalification process been simpler, more would have tried to re-enter the industry. The requalification process will be reduced from a 34-week process to a six-week one, which is a very significant change.

The second idea relates to voluntary removal from the register and then re-entering via the updated, simplified procedure. Last year, 610 ADIs asked to be removed from the register because they had other commitments. The registrar cannot, however, legally do that because ADIs can be removed only for reasons relating to conduct, competence or discipline. If someone is taking a career break to be a carer or to bring up a family, having one’s competence challenged or being made subject to a disciplinary procedure seems entirely unfair. It does not reflect what is happening in people’s lives or careers, which is why we need to make the change.

As the Minister with responsibility for road safety, I am reassured that the Bill will not lower standards and will not compromise road safety; it will merely simplify access to the profession.

[Lilian Greenwood (Nottingham South) (Lab)]

I did not have the opportunity to ask this question earlier, so I would like to ask the Minister now. Clause 5 enables the Secretary of State to use regulations made by statutory instrument to

“make such provision as the Secretary of State considers appropriate in consequence of this Act.”

That sounds rather broad, so will the Minister clarify the circumstances in which the provision might be used?

[Andrew Jones]

Yes, I think the clause provides consequential amendments to flow through the idea and basic concepts of deregulation and ease of process through other aspects of parliamentary business, as required. It is quite straightforward and does not change things; it simply follows it all through. If I am wrong, I will of course write to the hon. Lady, but that is certainly my reading of the clause.

We have two simple measures in front of us this morning, which will provide flexibility and financial benefits for the industry. I am very pleased to give the Government’s support to the Bill, and I hope that it receives a Third Reading.

Oral Answers to Questions

Debate between Lilian Greenwood and Andrew Jones

Thursday 29th October 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Andrew Jones)]

The toll levels are currently set by the concessionaire, Severn River Crossing, to repay the construction, finance, maintenance and operations costs. We are expecting the costs to have been recovered early in 2018, and at that point the concession will end and the crossings will revert to the UK Government. We are currently working on what the future of tolling might be. I have heard what my hon. Friend has said and I will keep him updated on progress.

[Lilian Greenwood (Nottingham South) (Lab)]

We will shortly hear whether the north-east plans for local oversight of bus services are recommended for approval. We on this side of the House have always supported Labour’s councillors on Tyne and Wear, including when they were subjected to appalling abuse over this issue. I welcome the Minister’s late conversion to the cause of bus tendering, but does he agree that the powers in the buses Bill must be available to all communities that want them, including in rural and isolated areas?

Tyne and Wear Metro

Debate between Lilian Greenwood and Andrew Jones

Wednesday 1st July 2015 Westminster Hall

[Andrew Jones]

That may be so, but you, Mr Gray, will firmly consider it to be the north. I am sure there is no disagreement that we need a better deal for the north, and I am confident that that is exactly what we can get.

[Lilian Greenwood]

Some Opposition Members may be somewhat surprised to hear how the Minister speaks about the northern powerhouse when only last week the Government paused important investment in the north. That is precisely the sort of stop-start approach that he decries.