Bus Services (No. 2) Bill [HL] Debate

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Department: Department for Transport
Moved by
35A: Clause 25, page 24, line 37, at end insert “, or—
(c) enabling persons with disabilities (within that meaning) to travel on local services independently, and in safety and reasonable comfort.”Member’s explanatory statement
This amendment enables guidance about safety and accessibility of stopping places to include guidance for the purpose of enabling persons with disabilities to travel on local services independently and in safety and reasonable comfort.
Lord Blunkett Portrait Lord Blunkett (Lab)
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My Lords, in moving Amendment 35A I will speak also to consequential amendments on the Order Paper in my name. Before I do so, I pay tribute to all those who have been campaigning, as organisations and individuals, over a substantial time on this critical issue, long before I became engaged with it.

I congratulate the noble Lord, Lord Holmes, on his part and his commitment and dedication. One of the reasons I signed his original Amendments 36 and 38 was to ensure that pressure was brought to bear on the Government, and the Government have responded. I pay tribute to other Members who have signed his amendments, and those who have campaigned, present and past, such as the noble Baroness, Lady Pidgeon, the late Baroness Randerson, who did an enormous amount on this issue, and my noble friend Lady Hughes, who got the attention of the House back in the autumn by moving a Motion to which she spoke which focused attention on this critical issue, as did the Transport Select Committee in the House of Commons, just a few weeks ago.

I thank my noble friend on the Front Bench, who has been prepared to listen and to respond. It is a tribute to him that he has worked diligently to ensure that we could make some progress. I appeal to the noble Lord, Lord Holmes, with whom I have had considerable negotiations, to not allow us to make the perfect the enemy of the good. With the amendments I am laying today, with the support of the Government, we are making genuine and real progress. I understand why the noble Lord, Lord Holmes, tabled his original amendment. How could I not, as I signed it? Having signed it, I wanted to ensure that the Government were prepared to move. It is in that spirit that I am moving Amendment 35A and speaking to its consequential amendments this afternoon.

I ought to make it clear that, if the noble Lord, Lord Holmes, were to push his amendments to the vote and they were carried, my Amendments 39A and 61A would automatically fall. Those amendments are about the consultation arrangements and the immediate progression that is consequent on Royal Assent to the Bill. That would be deeply regrettable, because all of us are aligned in wanting to make genuine and rapid progress in getting to grips with something that is dangerous for people with a range of disabilities and particularly for those with little or no sight. That is why I ask my noble friend on the Front Bench to make it absolutely clear from the Dispatch Box that those organisations working with and for, and speaking on behalf of, people who are blind or partially sighted will be front and centre in that consultation.

This also affects cyclists. My attention was drawn earlier this week to a cyclist who came across one of these floating bus stops opposite the British Library. Its colour coding was so bad that, although he does not have poor or no sight, he did not see it and his bike was wrecked. Fortunately, he was not hurt. My attention has been drawn again and again to the appalling example of what we are talking about just across Westminster Bridge. We really need to understand that this is an issue for everyone, not just for those with sight or motor difficulties, and that we need to get it right.

It is in that spirit that I move this amendment today. Crucial to the nature of what we do when we vote, Amendment 35A refers to how we approach ensuring the safety of individuals. It talks about the right

“to travel on local services independently, and in safety and reasonable comfort”.

The commitment in the Bill to travel in safety requires a complete change to these floating bus stops. Emphasis is being put in the amendments of the noble Lord, Lord Holmes, on retrofitting. I am entirely in favour of that, although the timing of how it can be achieved and the practicalities that need to be put in place should be explored, which is why I have been prepared to compromise. We need to make sure that we make progress quickly and effectively, rather than thinking that we will make progress only to find that we do not.

There are alternatives to completely scrapping the floating bus stops, in places where it is possible to ensure safety for all concerned. Some years ago, I did a project on the yellow school bus network in the United States—Donald Trump has not yet decided to do away with it. It has a facility which stops traffic once the bus itself has pulled in. I believe that creative and imaginative technology could do that, in circumstances where it is extremely difficult to reconfigure what exists in relation to how people reach the bus or alight from it. There are ideas which we can make work, with a little thought and innovation.

In that spirit, I hope to have the reassurances of my own Front Bench—both on the nature of consultation and on the speed with which we will operate in giving the guidance and ensuring that the information is then collected, collated and published, and that authorities are therefore held to account, not least around what I describe in Amendment 35A if it is passed and added to the Bill, and therefore becomes applicable and enforceable—and that we actually can make progress this afternoon. Again, I thank everyone who was on to this long before I was. With some temerity, I commend this set of amendments in my name.

Lord Holmes of Richmond Portrait Lord Holmes of Richmond (Con)
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My Lords, it may be convenient if I inform the House that we have a number of sight-impaired visitors with us in the Gallery. To increase the inclusivity of their experience, it may be convenient for noble Lords to identify themselves when they speak. To that end, I am Lord Holmes, a Conservative. As with all moves of an inclusive nature, everybody benefits. I am sure that a number of Members are now going, “Ah, so that’s Lord Holmes”.

It is a pleasure to follow my friend the noble Lord, Lord Blunkett, who has been and continues to be a role model for millions, not just in the UK but around the world. He was a first-class Secretary of State and a man who has transport in his bones, right back to the excellent bus subsidy scheme that he introduced when he was running Sheffield.

I want to speak to Amendments 36 and 38, which are in my name. I thank the noble Baronesses, Lady Jones of Moulsecoomb and Lady Grey-Thompson, and the noble Lord, Lord Blunkett, for co-signing them. The noble Baroness, Lady Grey-Thompson, regrets not being able to be with us for these discussions, but she was insistent that I made her support clear. She gave me a lot of evidence from her personal experience and what others had relayed to her about floating bus stops. I also thank all the organisations which have been campaigning on this matter since the inception of floating bus stops.

Perhaps it would also be to the convenience of your Lordships if I gave a brief description of what floating bus stops are. In essence, you take a bus stop and move it some way into the carriageway, at a distance from the pavement and with a cycle lane running behind it. Similarly, there are bus stop bypasses—another design. In many ways, it is the name “bus stop bypass” which gives us the greatest clue as to how these parts of our public realm came into being. For most of us, we are not bypassing the bus stop at all; we are simply barred from accessing the bus stop.

I have described floating bus stops and bus stop bypasses, but what are they in reality for blind people, wheelchair users or parents with pushchairs—any of us who do not want to take our life in our hands crossing a live cycle lane? So-called floating bus stops are dangerous, discriminatory and a disaster for inclusive design. They are dangerous by design, prima facie discriminatory by design and disastrous for inclusion by design. They are built to fail and bound to fail. Why? They are an overly simplistic solution to a relatively—I emphasise relatively—complex issue. They could have never solved the issues because they were not predicated on being inclusive by design and ignored the concept of “nothing about us without us”. They say nothing about accessibility.

On my Amendments 36 and 38, perhaps I should first say what these amendments are not. They are not anti-cycling. I am pro-cycling—pro-cycling for all those who can. But I am no more pro-cycling than I am pro-pedestrian, pro-bus passenger or pro-parent with pushchair—in short, I am pro-inclusion.

If we have a continuation of these so-called floating bus stops, we will have a continuation of a lack of public transport in this country. We will have transport for some of the people some of the time. Much more concerningly, we will have transport for some of the public none of the time.

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I hope noble Lords will support my noble friend Lord Blunkett’s amendments. I make it clear that the Government are fully behind them. We will move at pace in the guidance and press local transport authorities for the reviews that it will stimulate. I hope that I have thus persuaded the noble Lord, Lord Holmes of Richmond, and the noble Baroness, Lady Pidgeon, not to press their amendments.
Lord Blunkett Portrait Lord Blunkett (Lab)
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My Lords, I thank everyone who has taken part in this debate. I appreciate that we are not at loggerheads; we are talking about the way in which we can move as quickly as possible, in a practical fashion, to achieve a common goal. If noble Lords will forgive me for one minute, I had a vision of the noble Lord, Lord Holmes, and I on a tandem, with him on the front and me clinging on as hard as I can to ensure that both of us do not end up in danger of hitting one of these floating bus stops.

The noble Lord, Lord Hampton, mentioned speed. I hope the Government will come back to that at some point, because it is a disgrace that there is no appropriate and proper speed limit for cyclists. I thank the noble Lord, Lord Burns, for clearly spelling out why my amendments go a long way, in a practical fashion, to meeting what the whole House wishes to achieve this afternoon. I thank other noble Lords for their kind words.

I say to the noble Lord, Lord Moylan, from the Conservative Front Bench that I am sorry if we are going to divide on Amendments 36 and 38 because he will remember that the night before Rishi Sunak called the general election, we collectively reached a compromise on the Victims and Prisoners Bill with the Government. Had we not done so, the changes on IPP that have come in would not have happened. We did so—if I might use this expression—with our eyes wide open to the fact that we were marginally compromising with the noble and learned Lord, Lord Bellamy, and his Secretary of State, Alex Chalk, but we were doing so in order to make progress. It is in that spirit that I will move this amendment and associated amendments this afternoon.

Amendment 35A agreed.
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Moved by
36A: Clause 25, page 25, line 19, at end insert—
“(aa) Transport for London;”Member's explanatory statement
This amendment applies clause 25 to Transport for London.
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Moved by
39A: After Clause 25, insert the following new Clause—
“Provision and design of floating bus stops(1) The Secretary of State must give guidance about the provision and design of floating bus stops.(2) The guidance may, in particular, include guidance about—(a) matters to be taken into account, and the consultation that should be carried out, when deciding whether it is appropriate to construct or remove a floating bus stop;(b) the circumstances in which it is appropriate to construct or remove particular types of floating bus stops;(c) other considerations to be taken into account when designing floating bus stops.(3) The Secretary of State may at any time vary or revoke guidance given under this section.(4) The Secretary of State must publish guidance given under this section and any variation or revocation of the guidance.(5) The first guidance given under this section must be published before the end of the period of three months beginning with the day on which this Act is passed. (6) The Secretary of State must consult the Disabled Persons Transport Advisory Committee, and any other persons who in the opinion of the Secretary of State it is appropriate to consult—(a) before giving or revoking guidance under this section, or(b) before varying guidance under this section in a way which, in the opinion of the Secretary of State, results in a substantial change to the guidance.(7) The following must have regard to the guidance—(a) a local transport authority (within the meaning given by Part 2 of the Transport Act 2000) whose area is in England;(b) Transport for London;(c) a local traffic authority (within the meaning given by section 121A of the Road Traffic Regulation Act 1984), in relation to stopping places on roads in England;(d) a local highway authority (within the meaning of the Highways Act 1980), in relation to stopping places on highways in England;(e) a strategic highways company (within the meaning given by section 1 of the Infrastructure Act 2015), in relation to stopping places on highways in England.(8) In this section—“floating bus stop” means an area in the immediate vicinity of a stopping place for local services, which is designed—(a) for use by people accessing the stopping place, and(b) so as to incorporate a cycle track (within the meaning of the Highways Act 1980 (see section 329 of that Act));“local service” and “stopping place” have the same meanings as in the Transport Act 1985 (see sections 2 and 137 of that Act).”Member's explanatory statement
This amendment requires the Secretary of State to give guidance to certain authorities about the provision and design of floating bus stops.
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Lord Blunkett Portrait Lord Blunkett (Lab)
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I am moving these amendments formally, but I just want to make it absolutely clear to the House and beyond that that vote does not defeat the progress that has been agreed by this House in terms of ridding us of the worst of the floating bus stops.

Amendments 39A and 39B agreed.
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Moved by
61A: Clause 33, page 32, line 8, at end insert—
“(1A) Section (Provision and design of floating bus stops) comes into force at the end of the period of two months beginning with the day on which this Act is passed.”Member’s explanatory statement
This amendment provides for the clause about guidance on the provision and design of floating bus stops to come into force two months after Royal Assent.