Franchising Schemes (Franchising Authorities) (England) Regulations 2024

Lord Moylan Excerpts

Tuesday 5th November 2024 Grand Committee

I believe the Minister referred to the fact that the forthcoming buses Bill will contain measures that allow local authorities once again to run their own buses. The noble Lord, Lord Grayling, asked some very important questions about demand-responsive bus services. The strength that the local authorities buying and running their own buses could provide would be in those areas where socially necessary bus services—for example, to hospitals and so on—cannot be provided effectively on a commercial basis. So is it possible for the Minister to give us some indication at this early stage of whether the scope of the new buses Bill will include issues such as those raised by the noble Lord, Lord Grayling, and me?

[Lord Moylan (Con)]

My Lords, we recently had a Statement in the other place given by the Secretary of State on bus franchising. My understanding is that this instrument gives effect to that Statement—at least its initial parts. I recall that, when we debated that Statement in your Lordships’ House, I had the temerity to describe it as being essentially a bogus offer.

I gave two reasons for that, but I have now found a third, which is that the instrument does not actually allow local authorities to go in for bus franchising at all. All it does is allow them to apply to the Secretary of State for permission to prepare a plan for doing so, but nothing is said, and nothing has been said by the Minister, about what criteria will be applied when such plans are submitted. In order to understand the implications of this instrument, we need to understand that. The Minister has said nothing about how many applications he or his department expect to receive, or about what proportion of such applications he considers it likely that the department will grant. It is perfectly possible that the answers to all these questions is “zero” under this instrument, and that bus franchising will be no further forward as a result of this very grand announcement, which was made with great hoopla in the other place, and of this instrument than it is today. We really would like to know some of the answers to some of these questions in practical and not simply theoretical and legislative terms.

I return to the two reasons I gave when we debated the Statement in your Lordships’ House. The first is that the policy comes with no money attached to it. At the time, the Chancellor had not made her Budget Statement. She since has, so it should be open to the Minister to say how much money has been allocated to supporting local authorities to undertake franchising, because the whole purpose of franchising is to generate services which the market will not bear. Nobody denies that there is a cost to local authorities in undertaking franchising—a cost that they are most unlikely to be able to support from their own resources—so what money is the department, or are the Government in general, putting behind this greatly trumpeted policy?

My second cause for complaint in that earlier debate has already been referred to by the noble Baroness, Lady Randerson: the complete lack of capacity of local authorities, certainly outside the metropolitan areas, to put together and run a bus service as an integrated operation. There is more to this than simply saying “We’d like the buses to run here”. Route planning involves thinking about demand, the locations of passengers and their relationship to places of work, hospitals and other destinations, and so forth. That is a skill; it does not just come to a committee of local councillors sitting around a table. Even if you have experience of route planning, as we have seen in Manchester, you have to think about branding, fares and ticketing, and what you will accept by way of tender. Are you accepting cash or is it cashless only? You have to know what sorts of discounts, season tickets and so forth you are willing to offer. As the noble Lord knows, and as I have had the privilege of observing in the past, in the various positions that he and I have occupied, real skill is required to do this well.

The answer that we have had from the noble Lord so far is a mildly amusing one: the Department for Transport is going to set itself up as a centre of expertise in how to plan routes, and do branding, fares and ticketing, for bus companies and services throughout the country. Now, I fully acknowledge that there is at least one person in the Department for Transport who has the skill to do that, and that is the noble Lord the Minister. But he is going to be jolly busy doing all these jobs, being both a Minister and planning routes for modest settlements and hamlets in the remoter counties of England.

However, if it is not going to be the Minister, who will be recruited to do this skilled work in the Department for Transport? Will they be recruited on a sort of ad hoc consultancy basis? Is this department waiting speculatively for applications to arrive, which may or may not meet criteria that have not been vouchsafed to us so far, and which may then be rejected or accepted by the Secretary of State? How will this wonderful offer of skill and expertise inside the Department for Transport be achieved in practice? The noble Lord should not be allowed to leave this Grand Committee without explaining those things to us in some detail.

I come finally to a point that is new to me, because it struck me only yesterday evening when I went to a reception given by the Accessible Transport Policy Commission and found myself speaking to the chief executive of a private bus company—a commercial operation in a large provincial city; I will not say which. He described to me all the good work it was doing to make its fleet more accessible to people with disabilities. We even talked about something that was new to me, which I am interested to explore—dementia-friendly flooring.

He described to me the close relationship he had, working with the local authority, then he looked me straight in the eye and said, “You’re going to confiscate my business”. That took me aback, because I had not thought about it in those terms—but in practice that is what franchising will do. It is, in effect, the confiscation of a business. Of course, he may still secure the franchise, but then he would simply be operating services for somebody else, for a fee. He would no longer be running a business; he would simply be somebody else’s agent in doing that.

This is confiscation, like the nationalisation of the train operating companies, which is happening. I have to say to the Minister that there is an increasing whiff of Bolshevism about this Government’s transport policy—and we know that that did not end well.

[Lord Hendy of Richmond Hill (Lab)]

I thank noble Lords and the noble Baroness for their extensive comments. I turn first to the noble Lord, Lord Grayling, and his remarks about where this might apply and the circumstances in which it would be appropriate.

The primary thing to say about this is that it is a matter of choice. This statutory instrument extends choice to all local transport authorities, which might choose various solutions around the scale of public bus services in their areas.

I did not need to search for examples outside London because the noble Baroness, Lady Randerson, gave me some, including the very rural county of Cornwall, where the public transport network is now a model. It includes demand-responsive transport, to a limited extent, but it has also reintroduced bus services in places where they have not been seen for a very long time.

The noble Baroness’s example of Bournemouth, Christchurch and Poole is one of a combined conurbation where the bus services are, in my judgment, of quite a good standard. It may well be that the local transport authorities concerned decided that that service was sufficient, but there are many other places in England where the bus service is not judged to be of a sufficient standard, where it has fallen to a bare minimum and where the reintroduction of some service standards would not only be a good thing but would create revenue which would expand the total service provision.

Regrettably, I can find some examples of places—although I think it would be better not to name them—where sufficient short-term service cuts have been applied that the revenue generated is so low that the whole bus service is in a continual spiral of decline. There are other places where that has not happened. That is the supply side of the choice we are offering local authorities, so that they can do what they think is best.

The noble Lord, Lord Moylan, referred to demand-responsive transport. It is a solution, obviously, but the department is working hard on some experiments to seek to reduce the per-journey cost of DRT, which is very difficult. It is possible to register demand-responsive services, even in a franchised environment.

The noble Baroness, Lady Randerson, made a number of points; indeed, it was she who gave Cornwall as a very practical example of an extremely rural place that has, by experiment, succeeded in franchising and has a very good network. She referred to the criticism of the Secondary Legislation Scrutiny Committee. As I mentioned in my opening speech, the department is revising its bus franchising guidance in order to set out the process accessibly and in detail. I hope that this will satisfy the committee’s demand.

The noble Baroness, Lady Randerson, questioned the capacity of local transport authorities to do this job in rather more balanced terms than the noble Lord, Lord Moylan, did. The department recognises that active support is needed for local authorities that wish to franchise.

I draw both noble Lords’ attention to the Bus Centre of Excellence, which is funded by the Department for Transport and supported by the Chartered Institution of Highways and Transportation. The noble Lord, Lord Moylan, referred to my knowledge of this process as it applies to London. He will probably be very pleased to learn that the Bus Centre of Excellence is chaired by none other than Leon Daniels, who ran surface transport in Transport for London for seven years, I think, and has an intimate knowledge of how franchising works in London. Moreover, since leaving, he has got a very good knowledge of how it might work in the rest of England.

The noble Baroness referred to the impact of legislation and to the local authorities who have successfully continued to run their own in-house bus companies when many were disposed of. She is absolutely right that places such as Reading, Blackpool and Nottingham are good examples of where arm’s-length local authority companies have delivered very successful bus services. The Government intend for that route to be open to local authorities who wish to use it; it will be part of the scope of the buses Bill. It is right to offer local authorities a real choice about how they deliver their local bus services.