Bus Services (No. 2) Bill [ Lords ] (First sitting)

Rebecca Smith Excerpts

Committee stage
Tuesday 24th June 2025 Public Bill Committees

[Jerome Mayhew]

I do not disagree with anything the hon. Member said. I do not have in my head the financial details associated with rural hubs, but it makes more commercial sense as a matter of principle, although it would probably not be profitable, to have a hub-and-spoke approach rather than an hourly service for every village. I do not know whether the hon. Member has counted the villages in North Norfolk, but there are well over 100 in Broadland and Fakenham, so that would be a challenge for any provider.

The Opposition support the concept of new clause 35 if the finances—the missing link—add up, but we question the need for it, because there is nothing in the Bill to prevent local authorities from doing what it sets out.

[Rebecca Smith (South West Devon) (Con)]

I am conscious that we are finishing in three minutes, so I will limit my comments to give the Minister some time. Like my hon. Friend the Member for Broadland and Fakenham, I query the premise that public is better than private. The hon. Member for Warrington South mentioned the ability to provide a better service than existing franchise services, but I want to put on record that we can still get £2 fares in South West Devon. There is not necessarily a concrete need for a franchise; it is not necessarily a magic wand. I will fit my other comments in somewhere else, because I am conscious of time.

[Simon Lightwood]

I thought the Liberal Democrats were the party of devolution, but they have a strange habit of wanting to tell local areas what to do and how to do it. Rural bus hubs are not yet widespread and the available data on their impact is limited. I have already outlined that there is no one-size-fits-all solution to improving buses. Local transport authorities in rural areas better understand the needs of their local communities, so it is right that they are given the opportunity to determine what is right for their areas.

I have already spoken about the different models for bus franchising, such as the Jersey model. The pilots will explore the models that may suit rural areas over metropolitan areas. In a rural setting, bus franchising could provide the opportunity to integrate demand-responsive transport into the network, ensuring that it links rural areas to key locations and access to onward travel options.

The Government are also supporting local transport authorities to improve the viability and sustainability of demand-responsive transport. That may be the most viable option in rural areas. The Government are gathering insights from the rural mobility fund pilots and are developing best practice guidance—a comprehensive resource for setting up and managing DRT schemes.

Beyond that, the Department’s support programme includes a focus on rural-specific challenges, such as the dedicated Bus Centre of Excellence’s conference on quality bus services in July and our plans for franchising pilots. The Department understands that there are barriers to SMEs accessing franchise networks. That is why we are listening to the sector about ways to ensure that disproportionate paperwork requirements do not hinder SMEs bidding for franchising contracts.

Bus Services (No. 2) Bill [ Lords ] (Fourth sitting)

Rebecca Smith Excerpts

Committee stage
Tuesday 1st July 2025 Public Bill Committees

[Jerome Mayhew]

We are getting to some of the more interesting parts of the Bill now. The clause amends relevant sections of the Transport Act 2000 on enhanced partnerships and plans to help authorities better reflect the needs of disabled users of local bus services and the design of enhanced partnership schemes and plans. Subsection (2) inserts proposed new section 138CA into the Transport Act 2000, which provides that:

“An enhanced partnership scheme may specify…requirements about enabling persons with disabilities to travel on local services”—

and then we get the good phrase—

“independently, and in safety and reasonable comfort”,

including for taxi guarantee schemes. It also states:

“Before making an enhanced partnership scheme, a local transport authority must consider whether the requirements proposed to be specified in the scheme will enable persons with disabilities to travel independently, and in safety and reasonable comfort, on local services”,

and it includes definitions for the purpose of the clause.

Subsection (3) pops proposed new paragraph (ba) into section 138F(6), on consultation. It includes disabled users or prospective users of local services, or organisations representing disabled users, among the list of people or entities that authorities must consult before making an enhanced partnership scheme—so, good progress there.

Subsection (4) inserts proposed new subsections (9) and (10) into section 138K of the Transport Act. It states:

“Before varying an enhanced partnership scheme, a local transport authority must consider whether the requirements proposed to be specified in the scheme as varied will enable persons with disabilities to travel independently, and in safety and reasonable comfort, on local services…to which the scheme as proposed to be varied relates.”

It is important that the schemes are designed to be widely accessible, including to those with disabilities. Consultation with affected groups in the design of services, as anticipated by subsection (3), is the right approach, and the clause makes clear the importance of designing services with the needs of persons with disabilities in mind. I ask the Minister: what consultation with groups representing persons with disabilities was undertaken prior to the drafting of the Bill? Although I welcome the clause, did the consultation include reference to floating bus stops, as anticipated in clause 30? If so, did the Government take account of that input?

[Rebecca Smith (South West Devon) (Con)]

It is great to serve under your chairmanship this morning, Dame Siobhain. I want to follow up on what my hon. Friend the Member for Broadland and Fakenham said and ask a few additional questions, particularly about the provision in clause 18 for persons with disabilities.

I obviously welcome the inclusion of this clause in the Bill—we clearly want to ensure that public transport is as accessible for all as possible—but I am slightly concerned that, in a way, it provides false hope. Subsection (2) states:

“An enhanced partnership scheme may specify”,

so it is a “may”, rather than a “must”. It is nice to have that consultation, but there is an opportunity for the local authority or whoever is providing the bus service not to do it. The clause allows for a consultation, but there are no guarantees that what disabled people want will happen.

I am also slightly concerned about the taxi guarantee scheme. I do not know whether hon. Members have experienced the same thing as me, but my constituency of South West Devon is an interesting mix of urban and rural. It might be thought that large chunks of Plymouth are technically easily accessible, but the Access Plymouth minibus system does not even work across the city, let alone go into the rural parts of the constituency. Out in the South Hams and West Devon, which is a different local authority, the bus services are typical rural bus services: they are not very reliable or frequent.

It is also worth saying that taxis are not reliable either. Just this weekend, a local taxi service that runs out of the village put a post on social media saying, “We’re fully booked this evening.” Even able-bodied people, let alone people with disabilities who are trying to benefit from a taxi guarantee scheme, need to book in advance, so I question the feasibility of delivering on this clause.

We are not only saying that bus services will be reliable for persons with disability; we are offering them a taxi guarantee scheme. Yet we do not know—I assume the Minister will be able to explain this—what assessment has been made of the wider public transport picture or whether the taxis exist to provide the scheme, particularly in our rural communities. I know the Bill seeks to address those places. Ultimately, we need to ensure that we manage the expectations of those we are trying to help with the Bill.

I ask the Minister, what consultation has been held on, and what thought has been given to, the provision of rural services for people with disabilities? The taxi guarantee scheme is a great idea, but is it deliverable? What analysis has been made of that? Secondly, what might stop a local authority from delivering on this, and what assessment has been made of potential obstacles? Apart from the supply of buses and taxis, are there other reasons why a local transport authority might not be able to deliver this?

If it is that important to ensure that persons with disability can access public transport, which is something that I think we all agree we want, then the obvious question is: why does the legislation not say that an enhanced partnership scheme “must” do it? Why does the Bill say just that it “may”? It seems that there is a conflicting ambition here. Perhaps I have answered my own question in saying that there might not be the supply, but if we want to ensure a better world for persons with disability, I am intrigued as to why it does not say that a scheme must do this.

[Mr Kohler]

The clause, added during scrutiny in the Lords, is a welcome and valuable improvement to the Bill, but we would like to know what consultation was held with disabled groups before it was drafted. Although the changes it makes might seem modest on paper, they have the potential to make a significant difference in improving accessibility across our bus network.

Subsection (2) allows enhanced partnership schemes to specify requirements to ensure that disabled people can travel independently, safely, and in reasonable comfort on local bus services. The inclusion to allow the specification of a taxi guarantee scheme is also welcome. Although we share some of the concerns of the hon. Member for South West Devon, such a scheme may prove to be vital in ensuring that disabled and other vulnerable users feel comfortable and confident in using the bus. Subsection (3) strengthens the consultation process and ensures that disabled users or organisations representing them are consulted before any EP scheme is made. That is not just good practice; it is essential if we are to build a transport system that works for everyone.

Subsection (4) mirrors that requirement when enhanced partnership schemes are varied, and guarantees that the accessibility is not forgotten as schemes evolve. Authorities must once again consider whether changes enable disabled people to travel independently, safely, and in comfort. These are considered but welcome changes. Accessibility cannot be an afterthought; it must be embedded from the outset and considered at every stage of decision making. These welcome measures help to support that.

Bus Services (No. 2) Bill [ Lords ] (Fifth sitting)

Rebecca Smith Excerpts

Committee stage
Tuesday 1st July 2025 Public Bill Committees

[Jerome Mayhew (Broadland and Fakenham) (Con)]

It is good to see you back in your rightful place, Dr Allin-Khan. Clause 23 is not a controversial element of the Bill, so I will not detain the Committee for too long. It gives local transport authorities and Transport for London sensible new powers to enforce against fare evasion.

[Rebecca Smith (South West Devon) (Con)]

I think there is some slight confusion among Committee members because my hon. Friend said clause 23 when he meant clause 27.

[Jerome Mayhew]

I am grateful for that intervention; I stand corrected, as I was talking about clause 27. I do not know where clause 23 came from—my subconscious.

Subsection (2) clarifies that regulations can address the powers of an inspector outside of their authority’s area. Subsections (3) and (4) clarify the definition of an inspector. That is all fine.

Clause 28 is the largest clause in the Bill, so although it is not particularly contentious—we are substantially supportive of it—I would not be taking my duty seriously if I totally skipped over it. I will therefore pick and mix and hope that people bear with me while I take a little time to consider how it deals with local transport authority byelaws. It amends the Transport Act 2000, sets out the power of LTAs to make byelaws, and lists the various areas that can be covered.

Proposed new section 144A(1) and (2) of the 2000 Act is relevant to Liberal Democrat amendment 67. The byelaws set out in proposed new subsection (1) relate to travel on services, the maintenance of order and the conduct of persons while using services. Those are the areas of interest about which organisations will have the authority to create byelaws.

Proposed new subsection (2) goes into more detail and states that the byelaws relate to issues including tickets, the evasion of payment of fares, interference with or obstruction of local services, and the prohibition of vaping, smoking and nuisance on local services. I highlight that list, because Liberal Democrat amendment 67 would add “sustained anti-social auditory disturbance” to it.

The two subsections are dealt with differently: proposed new subsection (1) is an exhaustive list setting out the scope for byelaws, but proposed new subsection (2) is a non-exhaustive list of provisions that may be considered. Therefore, proposed new subsection (1) does not allow the consideration of issues relating to noise disturbance and would need to be amended to include that. In my submission, however, proposed new subsection (2) would not need to be amended because it is a non-exhaustive list, so we could go on forever adding things that annoy us on public transport—I would quite like to settle down and consider that. Although I share the Liberal Democrats’ fury and annoyance at antisocial auditory disturbance, I do not think it is necessary to add it to the non-exhaustive list in proposed new subsection (2).

--- Later in debate ---

[Simon Lightwood]

After the Liberal Democrat contribution, I was missing my headphones—[Interruption.] I say that with love. I thank Committee members for their further comments on the powers to make byelaws contained in the Bill.

The Government are focused on tackling antisocial behaviour. Improving the safety of our bus network is one of the Government’s aims in reforming buses, because that is critical to giving passengers, particularly women and girls, the confidence they need to take the bus. Different powers are currently available for different transport modes, and the powers that certain local transport authorities hold for light or heavy rail are not in place for buses. That has created a situation where local transport authorities rely on a patchwork of powers to enforce against poor behaviour, and some authorities are unable to act at all against those committing antisocial behaviour. The Bill remedies that situation by providing powers to create and enforce bus byelaws.

On the question of what constitutes antisocial behaviour, the Bill lists specific behaviours that byelaws can cover, such as vaping, smoking and interfering with or obstructing services and vehicles. My Department plans to issue non-statutory guidance about the content of byelaws that will take the existing railway byelaws as a starting point, which should help to ensure consistency across different transport modes.

[Rebecca Smith]

Given the Minister is comparing the rail system with buses, and saying that he wants to bring buses into line with the railway, I am intrigued about who will do that enforcement. We have the British Transport police on the railway, and there are signs everywhere and a phone number that someone can call, but at the moment on buses—I have been on ones where antisocial behaviour is taking place—it ultimately falls to the driver to enforce against that. Is that what the Minister is saying will happen as a result of this legislation? Will there be additional powers or will an additional force be created to enable that enforcement to take place—or is that entirely down to LTAs to figure out for themselves?

[Simon Lightwood]

The hon. Lady will have seen in the Bill that there is an element of ensuring that bus drivers and other persons in bus companies are given training on antisocial behaviour, particularly violence against women and girls, so that when it is safe to act, they can intervene in the interests of public and driver safety.

I talked earlier about the potential for transport safety officers in local transport authority areas, not just among bus providers. Ultimately, the design of that and how it is enforced, depending on the byelaws, will of course be a matter for the local transport authorities themselves, but this is about giving them the powers and allowing them to put those byelaws in place. Obviously, they need to be enforced. Sometimes it is also a matter of communicating this stuff. We have all been on other modes of transport where it is not adhered to.

As I said, my Department plans to issue non-statutory guidance on the content of the byelaws. That guidance will take the form of existing railway byelaws and is expected to emphasise the “educate, engage and enforce” approach. As I said in my opening remarks, I agree with the hon. Member for Wimbledon—despite my jest—on the need to take action against antisocial behaviour, but powers already exist to take action against playing music or videos loudly on buses. The training that I talked about a moment ago will only help to raise awareness of that, both with passengers and with drivers. In relation to enforcement at bus stops and stands, there are areas where divergence is expected in enforcement practices. That is likely to include stops and stands, which by their nature are harder to define than parts of the railway estate.

Question put and agreed to.

Clause 27 accordingly ordered to stand part of the Bill.

Clause 28

Local transport authority byelaws

Amendment proposed: 67, in clause 28, page 24, line 37, after “nuisance” insert

“, including sustained anti-social auditory disturbance.”—(Mr Kohler.)

This amendment would allow local transport authorities to prohibit disruptive anti-social forms of noise such as from telephones through byelaws.

Question put, That the amendment be made.

--- Later in debate ---

The new clause seeks to strike a balance and ensure that detailed national guidance is developed and applied to fully enable blind, visually impaired and disabled passengers to access bus services safely while continuing to protect cyclists. I have met groups representing both communities and if there is one thing they all agree on, it is that the present state of affairs is unacceptable.

[Rebecca Smith]

I am intrigued: does the hon. Member agree that we also have an issue where pedestrian crossings land straight on to cycle routes on busy main roads? Although it is outside the scope of the Bill, would his proposed review also look at that? For example, when a visually impaired person or someone using a wheelchair crosses Vauxhall Bridge Road, which is very busy, they are sent straight into a cycle lane that cuts across it. Does he agree that, in an ideal world, it would be nice to address that too?

Bus Services (No. 2) Bill [ Lords ] (Sixth sitting)

Rebecca Smith Excerpts

Committee stage
Thursday 3rd July 2025 Public Bill Committees

I support the amendments that would introduce reviews, record keeping and mapping. Some of that may be onerous, but maybe some money can be shifted in the same department from a couple of dual carriageways or bypasses to make it possible. The correct hierarchy of users of public transport and the streets needs to be maintained. If we put an absolute moratorium on floating bus stops to allow for continuous cycle lanes, that would involve more danger for cyclists. It might involve taking space away from cyclists to maintain space for vehicles, and that would not maintain the correct hierarchy of danger.

[Rebecca Smith (South West Devon) (Con)]

Am I right that the hon. Lady is suggesting that a partially sighted person or a disabled person is somehow lower down the hierarchy than a cyclist, simply because they are on a bus rather than walking or cycling?

[Siân Berry]

Let me clarify. Absolutely not: the hierarchy starts with people who are on foot or wheeling, and it moves down, via cycling, with motor vehicles at the bottom.

I would like to read out the evidence from the London Cycling Campaign. Its design solutions would ensure that the roads are safe, and many of them involve having extra space. The evidence sets out that

“extra space could also mean wider pavements, better sightlines”,

for cyclists who need to give way and

“less fraught interactions at floating bus stops between different mode users.”

The London Cycling Campaign argues that we should

“ensure bus services, walking, wheeling and cycling all get appropriate priority and capacity in funding, design guidance and on the ground in terms of physical space. And that likely means being more willing to reduce space and priority for private motor vehicles in more locations.”

That hierarchy is what I referred to. Where things are really difficult, it may be the right solution in a lot of cases to keep the bus on the main carriageway and make the other vehicles wait. However, that is for the design guidance. None of us is a traffic engineer—unless a Member wants to interrupt and point out that they are. That guidance must be produced in consultation with disabled people, particularly those who are blind or partially sighted, and it must also have the hierarchy in mind. Those designing the guidance should be much more willing to take space away from vehicles and to keep buses on the carriageway, if that is necessary to provide sufficient space to ensure that the roads are safe and accessible.

Bus Services (No. 2) Bill [ Lords ] (Seventh sitting)

Rebecca Smith Excerpts

Committee stage
Thursday 3rd July 2025 Public Bill Committees

[Jerome Mayhew]

I was just coming to that. The hon. Lady is quite right, but I am talking about the up-front capital cost. The lifetime running cost may well be cheaper for an electric bus, but the creator has to finance their capital cost on day one, whereas the lifetime operating costs are spread over the effective lifetime of the asset, which, for an electric bus, is an interesting question, actually. The lifetime of the structure of the bus may be 15 or 20 years, but we are not yet sure what the effective lifetime of the battery component of the bus is, and whether or not it needs to be replaced after about 10 years. The data is not particularly robust on that. If it means that we have to change out enormous battery banks during the operating process, that would be a significant additional secondary capex cost.

The Department for Transport figures for March 2024 say that there are 29,400 buses used by local bus companies. If we are going to replace all of those, that would be an £8 billion investment. That is very significant, and it is not considered in the impact assessment. There are some long-term savings, as the hon. Member for Brighton Pavilion quite rightly pointed out. It is not just the differential in costs between electric and diesel; there are reduced maintenance costs as well. There are many fewer moving parts with an electric vehicle as well as the lower fuel cost, but the capex costs are front-loaded, and we cannot ignore that. Have the Government considered the financing consequences of imposing large, increased, front-loaded capex costs on bus companies? I would be interested to hear the Minister’s response.

The second issue here is that through the current drafting, the Government are inevitably picking a winner in terms of technology for low-carbon vehicles, because it focuses on tailpipe emissions and ignores whole-life carbon assessments. That is important; again, we must have a balance of approach here. There is a significant benefit in zero tailpipe emissions, which is primarily about air quality as opposed to carbon and greenhouse gas emissions.

There are very significant emissions during the construction of large-scale battery-operated buses, and there are alternatives under development. In the life cycle of the vehicle, if we take into account its construction, operation and disassembly, it is likely that new technologies, particularly ones using synthetic fuels, could be lower in carbon terms, albeit emitting Euro VI equivalent particulates at the tailpipe. The Bill denies an opportunity for that market to develop.

There are currently artificially-produced fuels made using renewable energy that have no net CO₂ emissions over their life cycle. If they are interested, I can explain the basic process to Members: it uses carbon capture plus hydrogen from renewable electricity, synthesised via processes such as the Fischer-Tropsch or methanol synthesis, to create e-diesel, e-kerosene, e-methanol or e-gasoline. The key benefit is that it works with existing engines and fuel infrastructure, and avoids the enormous carbon emissions from wasting existing built infrastructure and machinery.

We need to understand that we have “spent” an enormous amount of carbon and greenhouse gases in constructing the 29,400 vehicles—buses—already out there, many of which have a natural life that could be extended significantly. We do not even need to convert them: we could just pour a synthetic fuel into the same bus, saving all the carbon associated with the manufacturing of new, large-scale hydrogen or electricity buses. At the very least, that would be a significant transitional material to extend the use of existing, or pre-manufactured, vehicles.

We try to reduce, reuse and recycle, and that would be an absolutely classic case of a good thing, and yet the clause, I am afraid to say, prohibits the development of that market. I suspect that that is not the intention of the Department or the Minister, but that is what will happen.

[Rebecca Smith (South West Devon) (Con)]

I want to expand a little on what my hon. Friend was saying about sustainable fuels that are, literally, drop-in fuel alternatives. Anyone watching the British Grand Prix this weekend knows that motor racing is beginning to use such fuel. There is real appetite for manufacturing it in the UK, but regulations get in the way of that happening at the moment. I have secured a meeting to share that with the Minister’s colleague, the Secretary of State for Energy, because it feels like a significant opportunity that would impact not only public transport but, in due course—I appreciate that this is not within the scope of the Bill—general users of vehicles. Ultimately, I think we all agree that we want to get to net zero from the perspective of emissions from vehicles; potentially, however, we need an alternative third way to ensure that the transition can take place.

[Jerome Mayhew]

I agree entirely with my hon. Friend.

I accept that currently synthetic fuels are expensive, because they are at the development stage, but I do not believe that the Government’s intention is for the clause to write them out. I recognise that the Minister is unlikely to tear up his clause on my say-so, but I would be grateful if he discussed the issue further with his Department.

I will leave it to the Minister to consider amendments 32 and 33, and the same can be said for amendments 78 and 58, tabled by the Liberal Democrats. Finally, therefore, amendment 63 would require the Secretary of State, within six months, to produce a report assessing the adequacy of funding for the replacement of emitting buses with zero emission versions.

The amendment is right to focus once again on the central issue of funding, because that is totally absent from the existing drafting of the clause, but—a fatal “but” from my perspective—the amendment focuses on the LTAs. In fact, however, in the vast majority of cases, the cost lies with private operators and not with the local transport authority. The amendment makes no mention of what should be done for them, and that lets the Government off the hook, frankly, of addressing the real problem, which is the bus companies and the impact on them, as opposed to the local transport authorities. That is probably an inadvertent oversight, but I just point it out.