Lord Bradshaw
Main Page: Lord Bradshaw (Liberal Democrat - Life peer)Department Debates - View all Lord Bradshaw's debates with the Home Office
(7 years, 10 months ago)
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Earl Attlee (Con)
My Lords, the noble Lord, Lord Bradley, asked my noble friend whether he is confident that the Bill will pass. I hope that my noble friend can be rather more definitive than I can, but I see no reason why it will not pass, although obviously we will want to look at it closely.
The noble Baroness, Lady Randerson, talked about impact assessments. I find it a little odd in government—I am talking generally here—that one has a gem of a policy idea, one consults internally within government, publishes a Bill, puts it before Parliament and then publishes the impact assessment. Surely you should have a gem of an idea, then make an impact assessment and use that to inform discussion internally in government. Of course, as the policy develops, the impact assessment may need to be revised, but having it turn up at the last moment devalues having one at all. That is very much a general point, not a criticism of my noble friend.
Lord Bradshaw (LD)
My Lords, on reflection, I think that this Bill—and I have now studied it a lot—is really nothing to do with the quality of bus services generally. It is a device which has been drawn up by officials because the Chancellor promised to devolve the operation of bus services in certain areas which elect a mayor so that they can go for franchising. If you read the Bill carefully, I think you will find that it will be very difficult for them to achieve that, because there are a lot of obstacles in the way of any franchised service.
My main concern is for areas outside metropolitan areas. The bus service is in a terrible state. All sectors are now recording declines in services. They will get worse, because cuts are being made all the time. When I spoke at Second Reading, I said that more money must be found from somewhere. I realise that the Government are not willing to spend any money and that therefore this is about redirecting the money which is spent. At Second Reading, the Minister drew my attention to the fact that bus service operators grant was to be devolved to local operators. This is a very particular question: is bus services operators grant to be devolved only to the areas that get franchising? Will rural areas get any share of that money? Will it be ring-fenced if it is devolved? Because if not, if it is added to various block grants, it will be absorbed in meeting the Government’s underfunding of all sorts of other services for which local authorities are responsible.
I, too, received the rural proofing in the impact assessment. It is absolutely pathetic. The document is huge, but the intellectual input into it is minuscule. All it says about rural proofing is, to summarise, that local authorities have to decide for themselves how the resources allocated to them are spent. If they want to spend them on bus services, they have to take that away from another cause.
I suggest that the Minister carefully considers the effects of isolation and loneliness on people living in remote rural areas—and there are a lot of them. I use buses every day. I travel on one some days, and there are a dozen old rural dwellers who I know are lonely. The only time they get out is when they go on a bus. I am sure they all voted for Brexit because they are of that generation, but that rather does not cover the point—I am not sure they would be grateful and would suddenly support the other side if they restored their service. Their service is vital; I honestly believe their lives would be hugely diminished without it.
Lord Kennedy of Southwark
This Bill has a lot of support from around the House, and the Government are making life more difficult for themselves by not getting these things out in advance. We have been waiting for this Bill for well over a year. Why has this stuff arrived literally this morning when the department has had a very long time to get it all ready? The situation is of the Government’s own making. A bit more planning would make things much easier. Although this is not the worst example, it is incumbent on the Government to get things out to Members and to the wider public who are interested.
Lord Bradshaw
To add to what the noble Lord has just said, the Bill is full of econometric analysis, which is extraordinarily time consuming and also almost incomprehensible to anybody who has not had training in it.
Lord Ahmad of Wimbledon
I will take the noble Lord’s intervention—it sounds like a bit of a school report: “Has improved, but needs improvement”. I take that on board. As I have said, I am very cognisant of the need to ensure effective analysis of the Bill. We may not agree on every element of it but it is important that information is provided. I have certainly sought in the early discussions that we have had with noble Lords to stress—it is something that I will stress again—that it is a priority for me to ensure that we not only share relevant information but do so in a timely fashion. If I were sitting on the other Benches—long may that not happen—I would be making an equally valid case, as noble Lords have.
New Section 113C in Clause 1 stipulates that the local transport authority cannot make an advanced quality partnership scheme unless it is satisfied that the scheme is likely to achieve one or more of the following: improve the quality of local services; reduce or limit traffic congestion, noise or air pollution; increase the use of local services or indeed end or reduce the decline in the use of local services. Amendment 1 in the name of the noble Baroness, Lady Randerson, would require the local authority to be absolutely sure that any proposed quality partnership would have the anticipated effect. I believe that, in terms of its practicality, this amendment would make it almost impossible for local authorities to say in totality or with absolute certainty what impact a particular scheme would have before it is introduced. I believe that this more stringent requirement would make the local transport authorities more risk-averse when introducing advanced quality partnership schemes. As a result, authorities may well choose to introduce schemes that fall short of fulfilling their full potential or not bring them forward at all.
Amendments 2, 3, 4, 5 and 5A deal with the content of the tests that I have mentioned. Under the Bill, local authorities may not make an advanced quality partnership unless they are likely to achieve an improvement in the quality of local services, a reduction or limitation of traffic congestion, noise or air pollution, or an increase in the use of local services. It is then for local authorities to decide what package of standards to introduce under an advanced quality partnership scheme to achieve one or more of these outcomes. These standards will depend on local need and may or may not include requirements relating to ticketing, rural bus services and pollution. The circumstances of individual areas vary and I think that it is right that the advanced quality partnership schemes should be able to reflect this.
I agree, however, with several noble Lords who have spoken this afternoon that these are important issues. Local authorities need to think very carefully about whether they should include standards in each of these areas in the advanced quality partnership scheme. We intend to recognise this in statutory guidance on these new partnership schemes, which will be issued under new Section 113O of the Transport Act 2000.
Lord Kennedy of Southwark
I return to my previous intervention and that of the noble Lord, Lord Bradshaw. The Minister expressed concern and disappointment, and hoped to do better, but he did not answer the question that either of us raised. I have seen no notes coming over from the Box, and perhaps he cannot answer today, which I would fully understand. However, I hope that he wants to answer the points that we raised and will agree to write to us.
Lord Bradshaw
I want it to be absolutely clear that when the bus service operators grant is devolved to the metropolitan authorities, no more money will be available anywhere, other than that which is devolved, and that the bus service operators grant will remain to be paid to operators outside the franchised area. The balance of that money needs to be looked at, because a smaller subsidy within an urban area as a result of a cut in the bus operators grant may make the service vary in quality and run less frequently, but the same amount of money in a rural area is the difference between having a bus service and none at all. The Minister should reflect on this. I would also like to know when the working party set up in April is expected to report and whether it will take any independent advice or whether there will be some internal arrangement to which no one will have access.
Lord Ahmad of Wimbledon
The noble Lord is correct in his understanding of BSOG, and I note the issue that he raised about rural services. He made a valid point about the impact that the proposal will have. I am conscious of that and will reflect further on it. I am always willing to take the advice and suggestions of the noble Lord, Lord Kennedy, and I will come back to him on any question that I have been unable to answer to noble Lords’ satisfaction.
Lord Bradshaw
“(6A) n operator of local services may only provide local services if the scheme under which it provides services—(a) is an advanced quality partnership; or(b) is not an advanced quality partnership, but meets the outcomes in subsection (6).”
Lord Bradshaw
Subsection (6) of new Section 113C refers to:
“The outcomes mentioned in subsection (5)”.
I am concerned about two or three things. It refers to,
“an improvement in the quality of local services that benefits persons using those services”,
and begs the question, in rural areas, of whether there are any services for them to use. It also refers to,
“a reduction or limitation of traffic congestion, noise or air pollution”.
Traffic congestion is almost killing the bus industry in many areas. As congestion occurs, more buses are used to maintain a service, more staff are needed, the service gets slower and slower and becomes less attractive, and you enter a spiral of decline. The Minister needs to address this issue because we are at the top of a spiral and I confidently predict that if nothing is done it will continue and get worse. Many people are now looking to what the Government intend to do to tackle congestion.
I have a number of suggestions. In his letter to me following Second Reading, the Minister pointedly said that Part 6 of the Traffic Management Act 2004 gave sufficient powers. Part 6 of that Act deals with moving traffic offences. Buses become clogged down by congestion and by people abusing traffic regulations. There are virtually no police looking at this. If people park in bus stops or anywhere else, the bus cannot get through, and nobody does anything about it. This cycle of decline is getting worse. I am also concerned about air quality, even in small market towns like the one in which I live. Air pollution is now well in excess of the limits, and that is a serious problem.
I have moved the amendment for the following reason. When there is an advanced quality partnership and an operator of those services agrees to meet the standards, will it be possible for another operator which does not meet those standards to undermine the standards in any way? In many places people using old buses have tried to benefit from a respectable operator investing a lot of money, with the respectable operator being subject almost to attack by the low-quality operator whose standards barely meet the minimum required or, throughout most of the year, do not meet it at all. I beg to move.
Lord Ahmad of Wimbledon
I will of course do so and will write to other noble Lords in that respect.
Lord Bradshaw
The Minister made reference to the quality partnership schemes. Any operator not in the partnership would not be able to use the facilities of the quality partnership—the bus lanes and any other traffic management measures that were put in. What about the vehicles? Does what he said apply also to the fact that vehicles must comply with the standards set down in the quality partnership, so if your vehicles do not comply, you cannot come into a quality partnership area?
Lord Ahmad of Wimbledon
Again, that is my understanding, but I will clarify that for the noble Lord.
The noble Lord, Lord Kennedy, among other noble Lords, raised the issue of standards in the deregulated market. I can give further clarification on partnerships operated in the deregulated market: that operators will plan routes, set prices and determine, as they do, the standard of services. They also take the commercial risk, so it is our view it would not be appropriate for authorities to set standards in the deregulated market without operators having a buy-in. For example, if a council wanted to set standards, it would have to take the commercial risk and go down the franchising route. On the other issues, about “incidental” and what lies within it, I shall of course write to the noble Lord. I hope he will withdraw his amendment.
Lord Bradshaw
Lord Bradshaw
My Lords, we have touched on this matter before, but I will be most interested to know what measures the Government propose to take to deal with traffic congestion. So much of the power lies in the hands of Ministers. The Minister referred on Second Reading to the fact that local authorities have certain powers, but he knows as well as I do that many local authorities want more effective powers to deal with congestion. Certainly, if those steps are not taken, with traffic levels rising as more people have cars and with more vans in particular delivering parcels all over the place and obstructing the high streets in towns with narrow roads, we need effective measures to deal with this problem. I beg to move.
Lord Snape
Before the Minister replies, I hate to prejudge and pre-empt his reply, but I fear that he will say what Ministers in successive Governments have said over the years—that these are purely a matter for the local authority, which is of course free to introduce measures to control the increase in traffic.
Interestingly, as I am sure the noble Lord who moved the amendment will agree, it has just been revealed in published statistics that far from there being a war on motorists—a phrase that the Conservative Party and Ministers in Conservative Governments have used frequently—the cost of motoring in real terms has been getting cheaper over the past 30 years. Is it any surprise that congestion has got worse in those circumstances? I hope the Minister will say that the Government are prepared to take some powers themselves rather than saying, “It’s not a matter for us, it is a matter for elected mayors or anyone else who is a local authority to do something about congestion”.
All of us who take part in these debates know full well that, faced with the problem of sitting in a traffic jam in one’s own car or on a bus, the bus is very much the second choice. Only proper enforced bus priority and a proper congestion charge will make public transport more attractive, and not just in major cities; understandably, some of the Liberal amendments have been about rural transport. Again, if it were possible to travel as quickly and as cheaply—or more cheaply—on public transport than in one’s own car, the bus would become a more attractive proposition in rural as well as urban areas. The fact is that in current circumstances it is not. I hope that the Minister will be able to give us some reassurance that in future, in pursuit of the very noble cause of introducing or increasing bus travel, the Government will be prepared to introduce some powers to bring that happy situation about.
Baroness Randerson
My Lords, my general point is that reducing congestion is a win-win measure. First, it reduces your journey times, and we need that reduction in journey times because they are lengthening at an alarming rate. I will give noble Lords one or two examples of recent research.
Research by London Travelwatch shows there is an “alarming” decline in average bus speeds, which are down to nine miles per hour. That deters people from getting on buses, even in London, which we hold up as a wonderful example of success. In the rest of the country, the situation is also very severe. Greener Journeys research shows a decline in bus speeds in Manchester. Why? In the west of England, between 2012 and 2015, there was an 18% increase in the number of vehicles registered. You cannot have that level of increase in the number of vehicles on the roads without a serious congestion problem, and I make the obvious point that the west of England is not perhaps an area that we think of as congested.
Not only will you reduce your journey times if you deal with congestion, you will also increase bus reliability. Research by bus user groups shows strongly that bus users rate reliability very highly indeed. In other words, they probably do not mind that much whether a journey takes 25 minutes or half an hour, but they need to rely on it being half an hour and not 40 minutes. We need to encourage new users, and they want reliability. At the same time, reducing congestion obviously reduces air and noise pollution. I say to the Minister that you may not have very high levels of air pollution in the countryside, but it is still air pollution and it adds to global warming; it matters to us all. It is important that we do not dismiss air pollution issues in rural areas either.
It is entirely sensible to specify reduction in congestion as one aim of any scheme. It is important that we bear in mind that these things fit together like pieces of a jigsaw, and the Bill will not be a success unless those pieces fit together.
Lord Bradshaw
My Lords, since we are talking about the west of England, I should say that I met the person responsible for providing bus services in the city of Bristol, and a rather ridiculous situation has arisen there. The Bristol omnibus company, whatever it is called now, has introduced lots of new buses. It has been summoned by the traffic commissioner because its services are unreliable. Bristol City Council has agreed to appear on behalf of the bus company against the traffic commissioner, because it has concluded that it is impossible to run a reliable service. It puts that down not only to congestion, but to the near free-for-all which has been allowed by the utilities to dig up the roads for roadworks. This is not because there is a gas leak or a burst water main, but because somebody needs their telephone connected. Perhaps the Minister would address the whole problem.
Lord Berkeley
My Lords, if the Minister does not accept the amendment to include the need to reduce congestion—bearing in mind what colleagues on these Benches have been saying—it may be that he wants to use it as an excuse not to do anything about congestion. I am sure that is not the case, but we would understand, because congestion in London, as we have heard, is so bad that the buses go slower and slower. The motorist will say this it is because there are too many buses; the bus passengers do not like it, because they could probably walk quicker. But what we really need are measures to allow buses to operate more on time, whether it is bus lanes, traffic lights that give them priority or many other measures that can be used. These all cost a little bit of money, but they are essential. It will be slightly odd if the Minister does not accept the amendment on the basis that it might cost local authorities money to provide the bus lanes that they should have provided anyway. This is terribly important; it applies to London, to other cities and to some places in the countryside. It is quite a serious problem and I think “congestion” needs to appear in this clause somewhere.
Lord Ahmad of Wimbledon
Those reports certainly advise decisions. No Government could claim that, with every report they have ever commissioned, chapter and verse is subsequently implemented. Perhaps the noble Lord could correct me, but I think I am on reasonably stable ground in saying what I have said.
I come back to the amendment. The Bill does not define what these measures are. For example, they could be measures that do not directly affect local bus services themselves, but instead make using buses more attractive. One way of using this power might be a measure to reduce the number of car parking spaces in the scheme area or to increase the cost of using them. While not directly improving bus services, this would make using cars less attractive and therefore encourage car drivers to use the bus instead. It could also have the knock-on effect of reducing congestion.
The current wording in the Bill leaves it to local authorities to decide the intention of the measures they include in the scheme. New Section 113E(2) requires only that they should, in some way, make buses better, either by improving their quality or by encouraging more passengers to use them. The amendment suggests that the “measures” introduced by a local authority must also reduce congestion on the bus routes included in the scheme. I say to all noble Lords that I sympathise with the objectives of the amendment but, on balance, it puts a restriction on the use of measures by a local authority. The general aim of the amendment is also already covered by new Section 113C(6)(b). This introduces a general requirement that advanced quality partnership schemes should, among other things, look to reduce congestion. It allows local authorities to decide how their schemes should meet this requirement, without it being imposed on particular elements of the scheme.
I have been listening very carefully to what noble Lords have said and there is one area that I will certainly take back. I am conscious that we will be revising existing guidance, which will also support the provisions on advanced quality partnerships in the Transport Act 2000, to take into account the AQP scheme. I will certainly consider including within the guidance specific content to deal with traffic congestion and address air pollution. I hope that I have provided a degree of reassurance in that respect and that, with the explanation I have given, the noble Lord will feel minded to withdraw his amendment.
Lord Bradshaw
I think that local authorities would be greatly encouraged if they could have access to the power to deal with moving traffic offences. The benefit that was in the Transport Act but has not been implemented was that local authorities could self-finance the scheme. They could provide traffic wardens, or whoever might be used to enforce the scheme, and of course they could pay for them out of the fines—the money would not go to the Treasury. I see the noble Lord, Lord Whitty, shaking his head because I think that he introduced the legislation when he was responsible, but I do not hold him responsible for it never having been implemented. I urge the Minister to look at this very closely because it is probably one of the most important things that we have talked about today. I beg leave to withdraw the amendment.
Lord Berkeley
My Lords, one thing that my noble friend has forgotten is that these Oyster cards should possibly be called Whitty cards, rather like the bicycles that are called Boris bikes. I am sure he would not want to be related to Boris in that way, but they are a great success.
I am pleased to be able to tell your Lordships that the local authority in Cornwall is going to implement a similar thing. It is very long and based on customer focus, but I will summarise it. The big double-decker buses will have wi-fi and tables so that you can put your laptop on them. They are going to run very frequently on the main routes. Smaller buses will go into the smaller areas. They will link in with the railway timetable, and I think that the operators’ ability to talk to each other will be unique. They are proposing a single ticket structure—one standard, one band. I hope my noble friend will appreciate this. It is going to happen within the next year or two.
This is a real example of a local authority taking an initiative. It sees that where you have several different operators, as there are at the moment, they never fit with the train timetable. They are going to. Nor do they fit with the ferries to the Isles of Scilly, but I am not going to go on about that now.
Amendment 54A in my name and some other amendments propose something on the quality of standards and on frequencies. We should probably also include interchange points, but we have not done so yet. Maybe we should also add something about a percentage of the population not having to walk further than X miles to a bus stop and an hourly or better bus service. There are what you might call faster services between the major centres of population—plus ones that you might say wiggle between villages and take a lot longer, although they do get there for people who do not have access to public transport. I believe that TfL has a bus services plan, involving the public transport accessibility level, which takes this into account, as does Transport for Greater Manchester.
Not all these things need to be in the Bill; the amendments here are perfectly adequate. However, they and the initiative that Cornwall County Council has shown would mean that neither partnerships nor franchises would provide a much better quality of service for all types of people who want to use it. The irony is that although it has been suggested that Cornwall will be able to have franchises in the same way as authorities with mayors—we will come on to that later—it is confident that all this will happen without the need for a franchise.
It is encouraging that the Government have produced a structure. I am sure that we can improve it, but at least it is there, and it should enable the volume of bus passenger traffic to go up, which is what we all want, with a much better quality of service. I commend what Cornwall is doing, but I hope that the Government will seriously consider adding something about the standards and the frequency of service, as well as the quality, and perhaps come back with their own suggestions on Report.
Lord Bradshaw
My Lords, perhaps I may add a point to what the noble Lord, Lord Whitty, said. Any move towards smart ticketing or reduced fares for young people is revenue-generative. It is not a dead-weight cost. In fact, some bus operators are voluntarily introducing reduced fares for young people and they are finding that they can be almost self-financing. Young people have a very high propensity to travel. They will travel at the weekends and in the evening, provided that the cost does not build up.
Baroness Jones of Whitchurch (Lab)
My Lords, I am grateful to the noble Baroness for the amendments and for explaining their intent so clearly. As she said, Amendments 8, 17B and 54A would all help add clarity and certainty to the standards of provision to be expected from advanced quality partnership and franchise schemes and are therefore to be welcomed. The noble Baroness spoke about there being too many “may”s in one clause. They do rather render the clause ineffective, so we support the proposed changes.
Amendment 15 raises important issues about the elements of a quality bus service that we should expect following the introduction of the Bill, including controlling emissions levels and making travel easier through advanced ticketing schemes. Until I sat here today, I did not know about my noble friend Lord Whitty’s great victory. I congratulate him; it is nice to have a legacy like that. In all the doom and gloom around us, at least he can lay claim to something that we have all appreciated. As we have heard from a number of noble Lords, such travel passes transform the way people use bus services and it is the way that we want to go.
We will explore these issues in more detail in later amendments, but we nevertheless support the amendments in this group. I look forward to hearing what the Minister has to say in response. We have got into a pattern of response from the Minister that is slightly disappointing. The first line of defence is, “Don’t be too ambitious, because, if you are, you’ll put the bus operators off and they will aim low if you expect too much of them”. The second is, “Don’t worry, we’re going to put in statutory guidance”. If those are the two responses we hear as we progress through the Bill, we will not get very far, because many of our amendments are about improving quality and people’s expectations. I hope the Minister will meet us half way a little more often on some of these issues than has been the case so far.
We have great sympathy also for the case made by the noble Baroness for Amendment 13A. We all want to encourage more young people to be regular bus users and to make it affordable for them. We would like to take time to consider the cost implications—she acknowledged that there were issues in that regard, particularly for local authorities. If the measure is not fully costed for local authorities, what would be the knock-on effect? However, it is an important debate that we need to follow through. I was interested to hear from the Minister that a review of the concessionary fare scheme is taking place. Perhaps he could clarify whether young people’s fares are included in it. I am not sure what the scope of the review is, but it is one place where we could have that wider and highly relevant debate.