(2 days, 15 hours ago)
Commons ChamberI congratulate the hon. Member for Harrogate and Knaresborough (Tom Gordon) on securing the debate and providing the opportunity to discuss disabled bus passes, and I thank other Members for their contributions.
I appreciate the concerns that the hon. Member for Harrogate and Knaresborough has raised. The Government know the value of the English national concessionary travel scheme, or ENCTS. We want everyone to have straightforward access to high-quality public transport and are committed to improving services so that they are more inclusive and enable disabled people to travel safely, confidently and with dignity. I know, however, that disabled people continue to face unacceptable barriers in their everyday use of public transport, and we are determined to address them. I am committed to working with the sector to drive forward these much-needed improvements.
Regarding the specific concerns raised about concessionary bus travel, let me first remind Members of the statutory obligations of the ENCTS. The scheme provides free bus travel to those with eligible disabilities and those of state pension age—currently 66—between 9.30 am and 11 pm on weekdays and all day on weekends and bank holidays. However, local authorities in England have the power to offer concessions in addition to their statutory obligations—for example, by extending the times of use.
The hon. Member for Harrogate and Knaresborough pre-empted me saying the following: Department statistics report that 77% of travel concession authorities offer extensions to the beginning of the statutory time period, allowing passholders to travel before 9.30 am on weekdays. Local authorities can also offer companion passes to disabled passengers as a discretionary enhancement—a power we have seen taken up by two thirds, or 66%, of authorities, from Durham to Devon. Indeed, York and North Yorkshire combined authority goes above and beyond the ENCTS on times and companion passes.
The Minister, I think, has conceded a key point: he has admitted that some duties are discretionary to councils, and some are statutory. The point about companion bus passes for those disabled people who cannot use a bus without a companion is, as early-day motion 1638 makes abundantly clear, that inclusion of the free companion bus pass should be statutory specifically for those disabled people who cannot use their bus pass without a companion. There is nothing discretionary about that; they simply cannot use the bus pass without the companion. Therefore, it should be part of the same statutory element by which they get the free bus pass in the first place.
I thank the right hon. Member for his extensive intervention. Every single local transport authority in the country has the ability to go above and beyond the ENCTS. In fact, every single local transport authority under this Government has received funding to support buses. Unlike the previous Government, who offered a “Hunger Games”-style competition, we have done it by a fair formula.
The Department conducted a review of the ENCTS, in which many of the important issues discussed today concerning scheme eligibility and travel times were considered. I will not prejudge the outcome of the review, but I want to reassure Members that accessibility and affordability remain central in our commitment to improve bus services for those who rely on them most.
As we are all aware, we face a particularly difficult fiscal climate and fiscal inheritance. The ENCTS is vital in supporting local bus travel, assisting with access to essential local services and helping those who use it to stay active and avoid isolation, and we must ensure that it remains financially sustainable. The ENCTS costs around £700 million annually, and any changes to the statutory obligations would therefore need to be carefully considered in terms of the impact on financial sustainability.
More widely, this Government are committed to improving bus services across the country. The Bus Services (No. 2) Bill, which we introduced in December, puts the power over local bus services back in the hands of local leaders right across England and is intended to ensure bus services reflect the needs of the communities that rely on them.
It makes sense for bus services to reflect local needs, but whether someone has a disability and needs to use a bus is not a locally determined thing. There should be fair access to these services wherever someone lives in the country. Currently we have a postcode lottery regarding the ability to use bus passes 24 hours a day. The point of the debate is to ask that it is organised nationally, so that there is fair access and every disabled person’s bus pass can be used at any time of day, and there are not some parts of the country where it works and others where it does not.
I recognise what the hon. Member is saying, and I will go on to outline some of the other areas where the Government are helping. Improving accessibility is central to our mission. The Bill will help us to deliver safer, more reliable and more accessible networks. It includes specific measures to make bus travel more accessible and inclusive, including through more consistent approaches to the inclusive design of bus stations and stops. The Bill will also require local authorities to produce a bus network accessibility plan, assessing the existing accessibility of bus networks in their areas, and identifying actions that they will take to improve them further.
The voice of disabled people will be at the heart of these reforms. We will develop bus stop guidance collaboratively with organisations that represent disabled people, and local authorities will be required to consult disabled people and organisations representing them when making significant changes to their bus networks. In addition, the Government have committed to publishing an integrated national transport strategy this year, which will set the long-term vision for transport in England. A key part of the strategy will be to create the conditions for a transport system that works together to deliver for its users and that makes it easy for people to get around. Everyone should be able to access real-time information, and simplified, integrated ticketing, and we have been exploring those themes as part of our policy development.
I did not hear who called out first, but I will give way to the hon. Member for Mid Sussex (Alison Bennett).
I thank the Minister for giving way, and my hon. Friend the Member for Mid Dorset and North Poole (Vikki Slade) for letting me take the Floor. I am pleased that the Minister has outlined the forthcoming integrated transport strategy.
Over 18 months ago, Wivelsfield railway station in my constituency was allocated funding to make both platforms step-free. That still has not happened. We are still waiting for an update, and I wonder whether the Minister could ask the Department to provide one.
Under the previous Government, up to 50 stations were funded, with feasibility studies under the Access for All programme. I do not know whether the hon. Member’s station is part of that, but I am happy to take up that subject outside the Chamber.
We also know that these plans will be backed up with funding. That is why the Budget allocated more than £1 billion to local bus services for 2025-26, including £12.5 million for York and North Yorkshire combined authority. Funding allocated to local authorities to improve bus services can be used to fund discretionary enhancements to the ENCTS, and we have reaffirmed our commitment through the funding allocated as part of the spending review.
I am very grateful to the Minister for giving way again. I am incredibly bothered by the issue of consistency. A disabled driver can use their blue badge at any time of the day, but somebody who is not able to drive is restricted to being able to use their bus pass only after 9.30 am. That seems to be a simple unfairness in the system for people who do not have the option to drive. We have an opportunity to make a tiny change that would make a massive difference.
I reiterate that every single local transport authority in the country has the ability to go above and beyond—
I will not give way again to the hon. Lady. Every single local transport authority in the country has the ability to go above and beyond the ENCTS statutory obligations. Every single local transport authority has been given money to improve bus services, and that can be used to top-up the statutory provisions. I reiterate that the Department has conducted a review of the ENCTS, and many of the issues raised today are included in that review. I will not prejudge the outcome, but I say to hon. Members once again that accessibility is central to it.
I thank the Minister for giving way. I hope he notes that I was quite measured in my speech, and I genuinely believe that he wants to put disabled people at the heart of the review. When the Department looks at the impact on the financials and on spending, will it look at how if disabled people can get to hospital appointments, opportunities in education and out spending their money in our economy that might feed into funding the system?
As I mentioned earlier, under the bus services Bill, local authorities will be tasked with producing a bus network accessibility plan—assessing bus networks in their area and identifying actions that they will need to take to improve access. Through the bus grant, local transport authorities can put in place mitigations to improve the accessibility, frequency and reliability of buses in their area.
I thank hon. Members for their contributions, particularly the hon. Member for Harrogate and Knaresborough for taking the time to raise this matter. I am sure we will have many more conversations about this and I applaud his persistence on the issue. I hope this response assures hon. Members that this Government are committed to working with local leaders and bus operators to help deliver better, more reliable and affordable bus services for passengers.
Question put and agreed to.
(3 days, 15 hours ago)
Written CorrectionsA blind resident in my constituency, Marilyn, relies on her guide dog and the local bus network to live independently. However, changes under the Government’s £1.7 million active travel grant, including floating bus stops on Rifford Road in my constituency, force her to cross fast, bidirectional cycle lanes just to board a bus. That goes against safety advice from the Guide Dogs organisation and the Royal National Institute of Blind People and is causing real distress. Does the Secretary of State agree that Government-funded infrastructure must be safe and accessible for everyone, and will she commit to reviewing active travel guidance to consider the role of floating bus stops that put blind and visually impaired people at risk?
During the passage of the Bus Services (No. 2) Bill in the other place, we committed to writing to all local transport authorities asking them to pause the installation of a specific kind of floating bus stop, where passengers get off the bus straight into a cycle lane or an island. That is because they have been identified through research as problematic for people, particularly those with vision issues.
[Official Report, 26 June 2025; Vol. 769, c. 1230.]
Written correction submitted by the Under-Secretary of State for Transport, the hon. Member for Wakefield and Rothwell (Simon Lightwood):
During the passage of the Bus Services (No. 2) Bill in the other place, we committed to writing to all local transport authorities asking them to pause the installation of a specific kind of floating bus stop, where passengers get off the bus straight into a cycle lane. That is because they have been identified through research as problematic for people, particularly those with vision issues.
(1 week, 2 days ago)
Public Bill CommitteesI remind the Committee that with this we are discussing the following:
Amendment 69, in clause 34, page 37, line 28, leave out from “or” to “the” and insert
“section 144G or of regulations made under those sections,”.
Clause 35 stand part.
Government amendments 20 to 22.
Clause 36 stand part.
Amendments 75 and 69, tabled by the hon. Members for Wimbledon, for North Norfolk, for South Devon (Caroline Voaden) and for Didcot and Wantage (Olly Glover) would require that senior managers in bus operators and local transport authorities undertake disability awareness and accessibility training. The effect of proposed new section 144G of the Transport Act 2000 would be to place an obligation on senior managers in LTAs and operators that organise or provide local or school bus services to undertake training and keep records of having done so.
Through the Bill, we are extending existing training requirements to drivers and customer-facing staff. The measures do not change training requirements themselves. Co-production would be appropriate for those developing training packages. The hon. Member for North Norfolk asked for an update on the accessible transport charter. I can confirm that my Department provides the Transport Committee with regular updates on the progress of the charter and upcoming appearances. He has my commitment that we will do that.
It is certainly important that senior management in bus operating companies and local authorities are aware of disability and accessibly issues, but EU regulation 181/2011, once amended by clauses 35 and 36 of the Bill, will require staff in local services who deal directly with disabled passengers, or with issues relating to the travelling public, to be trained in respect of disability awareness and disability assistance. For staff dealing directly with disabled passengers, that will improve knowledge of their duties and responsibilities, and thus effect change at the direct point of interaction between staff and passengers. That approach aims to strike a balance between improving services while not overly increasing burdens on operators and local authorities.
In addition, clause 21 will require local transport authorities to publish a bus network accessibility plan. We expect that this new requirement would also help to ensure that relevant senior management in LTAs are aware of accessibility issues in their area. I reassure hon. Members that where school transport is provided by local services, that would fall within the scope of new enhanced training requirements, requiring relevant staff to be trained on both disability awareness and assistance, which will help to ensure that they have the knowledge, skills and confidence to support every passenger appropriately.
I am concerned that the new requirement may increase the administrative burden without necessarily leading to positive results in the experience of disabled passengers at the point of contact with staff and services. I therefore cannot support amendments 75 and 69 and I ask that they be withdrawn.
Clause 35 will require bus drivers and staff providing direct assistance to passengers on local services to complete both disability awareness and assistance training at least every five years to ensure that they have the knowledge, skills and confidence to support every passenger appropriately. Despite progress in recent decades, clauses 35 and 36 have been developed in response to the barriers that disabled people still face when attempting to make bus journeys. The clauses recognise the role that bus drivers play in helping to overcome those barriers, ensuring that disabled passengers’ rights are upheld, and that they are provided with timely and appropriate assistance.
Currently, drivers of local services are already required to complete disability awareness training, but mandatory course content does not cover the practical assistance that they should also provide. Likewise, other customer-facing staff of operators are not currently required to completely training on disability at all. Clause 35 corrects that imbalance. It is about ensuring that passengers on local services can travel anywhere in Great Britain, with any operator or driver, with confidence that staff will help them to travel safely and in comfort. The measures should help to ensure that passengers receive the help they need, and that buses continue to provide an inclusive experience for everyone who uses them.
Amendments 20 to 22 have been tabled to clause 36. Amendment 20 will ensure that a traffic commissioner is responsible for taking action against a terminal managing body. For the benefit of Committee members, terminal managing bodies in the context of this measure are those responsible for terminals identified in regulation 6 of the Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013, namely Victoria coach station and Birmingham coach station. The amendments will be relevant to breaches of the training and publication requirements in clauses 35 and 36. Amendment 20 ensures that the enforcement powers in those clauses align with traffic commissioners’ powers to enforce the training and publication requirements in clause 34. Amendment 21 is consequential on amendment 20. Amendment 22 is a minor technical change to ensure that consistent language is used in the 2013 regulations.
Clause 36 works with clause 35 to ensure that staff are sufficiently trained to uphold disabled passengers’ rights. To that end, the clause allows the Secretary of State to set expectations for operator record keeping and data publication on completed disability training and enables the traffic commissioner to apply appropriate sanctions if legal requirements are not met. The traffic commissioners are operationally independent, and it would be for them to determine how best to prioritise the use of enforcement powers given to them. My Department has consulted the traffic commissioners throughout the development of the Bill.
The hon. Member for Broadland and Fakenham mentioned the impact of training requirements on small and medium-sized operators. Our proposals do not prescribe how the training must be undertaken. That is for bus operators to decide, and we expect disability-related training to be undertaken as part of established learning and development programmes.
I am grateful for the Minister’s comments and reassurance. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 34, as amended, ordered to stand part of the Bill.
Clause 35 ordered to stand part of the Bill.
Clause 36
Training about disability: further provisions
Amendments made: 20, in clause 36, page 39, line 16, at end insert—
“(8A) The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013 (S.I. 2013/1865) are amended in accordance with subsections (8B) and (9).
(8B) In regulation 8, after paragraph (1) insert—
‘(1A) Paragraph (1) does not apply in relation to the enforcement of the requirements of paragraph 1 of Article 16 of Regulation 181/2011 as they apply to a terminal managing body by virtue of paragraph 1A of that Article, and the designated body responsible for the enforcement of those requirements as they so apply is a traffic commissioner who is subject to the duty in regulation 10A(1) of these regulations in relation to those requirements.
(1B) The enforcement authority in relation to the requirements of regulations made under section 36 of the Bus Services (No. 2) Act 2025 is a traffic commissioner who is subject to the duty in regulation 10A(1) of these regulations in relation to those requirements.’”
This amendment ensures that references in the 2013 Regulations to the enforcement authority cover traffic commissioners responsible for taking enforcement action under regulation 10A.
Amendment 21, in clause 36, page 39, line 17, leave out from “10” to “insert” in line 18.
This amendment is consequential on Amendment 20.
Amendment 22, in clause 36, page 39, line 21, leave out “this regulation” and insert “these regulations”.—(Simon Lightwood.)
This amendment brings regulation 10A(1) of the 2013 Regulations into line with regulation 10(1) of those regulations.
Clause 36, as amended, ordered to stand part of the Bill.
Clause 37
Use of zero-emission vehicles for local services in England
As I understand it—the Minister might want to intervene if I am not correct—proposed new subsection (3)(b) sets the condition that the bus is first registered
“on or after a date”.
The condition is placed on new buses, not on any bus being used. It gives considerable leeway for existing buses to continue to be used. The clause is about procurement, and that is what I understand it to be mandating.
As I say, not every single bus in London has yet converted to zero emissions, but for several years now, new buses being purchased have had zero tailpipe emissions. That is not to say that they do not create any air pollution at all; much air pollution comes from brakes and tyre wear, and dust off the roads—there is a lot more air pollution than what comes out of the tailpipe.
The amendment would prevent new non-ZEBs from being used on English local bus services from 1 January 2027.
I thought so—I am not as radical as the hon. Member for Broadland and Fakenham thinks. I think that the amendment is entirely reasonable on bus availability and procurement. It does not speed up the rate of procurement, or mandate that at all.
I am aware that there are challenging issues at certain depots. However, having spoken to private bus operators about this, they often do not lack the willingness to invest in charging infrastructure, and I am sure the imperative for a publicly owned bus company would be even higher. Instead, the constraint for some of them is the ability of the local electricity infrastructure to support the load produced by the rapid charging of very large vehicles with very large batteries.
I support the motivations behind clause 37. Making our public transport greener and cleaner is a positive thing and will make it an even more climate-friendly travel option. I note with excitement that Sanders Coaches, which runs many services across my constituency and that of my neighbour, the hon. Member for Broadland and Fakenham, recently trialled a fully electric bus on the CH1 Coasthopper route between Cromer and Wells—the first ever fully electric bus used by the operator. We can see that rural transport providers are working hard to embrace the green future.
However, we have to recognise the challenges that rural routes face; I associate myself with the remarks made on that topic by the hon. Member. Long distances, limited charging infrastructure and the slim profit margins are all impediments. I would appreciate it if the Minister undertook today to publish, alongside the regulations set out in the clause, guidance and support for rural bus operators on the definitions of local routes. I hope he shares the work and engagement that his Department have done and will be doing with rural operators to make sure that we get this right for them and for the communities they serve.
Amendment 78 is about technology and is similar to something the hon. Member mentioned. It would qualify buses that have been repowered from running on fossil fuels to zero emission technologies as zero emission vehicles for the purposes of the Bill. “Repowered” means enabled to become zero emission after the date of registration. It involves replacing diesel engines with new, zero emission electric drivetrains mid-life. It is a proven UK innovation that can provide a more affordable and faster route to decarbonisation of our public transport fleet.
For local transport authorities, especially those facing constrained budgets, repowering could present some advantages. First, it can be quicker: companies can convert diesel buses to zero emission in as little as three weeks in their UK facilities. Buses could therefore be back in service quickly, supporting a seamless transition. Secondly, repowering is more cost-effective. A repowered bus can cost less than half the price of a brand-new zero emission vehicle, which could translate to considerable savings for operators and local authorities and allow them to stretch limited resources further. While this route may not work for all buses or local authorities, it is a simple and flexible option to deploy the most cost-effective and timely solution for their fleets. This practical amendment supports British innovation, stretches public funds and accelerates the path to cleaner air and net zero transport, and I urge Members to support it.
Amendment 58 is a small technical change that would clarify that the provisions of proposed new section 151A of the Transport Act 2000 on zero emission vehicles apply to mayoral combined authorities. I would appreciate the Minister providing clarity on that point.
Finally, on amendment 63, while the transition to zero emission buses is right and essential for tacking the climate crisis and reducing air pollution, we must be honest about the pressures that transition will place on local authorities. I take the point that my neighbour, the hon. Member for Broadland and Fakenham, is making, but in this regard, given the subject of clause 37, I will persist with this point. The pressures on local authority budgets and local transport authorities are why we need amendment 63. It would introduce a sensible and measured requirement for the Secretary of State to publish a report assessing how adequate and accessible the central Government funding for zero emission buses has been. It would simply require the Secretary of State to bring forward recommendations on how to improve the system and accelerate the replacement of polluting buses. It is about identifying what works and what does not, and how we can ensure that local transport authorities are properly supported to deliver on one of the Government’s central missions.
Such a report could be helpful for not just local authorities, but the Secretary of State herself when the Treasury inevitably comes knocking asking Departments to justify their spending. Being able to point to a clear evidence-based publicly available report that sets out the scale of funding required to meet our zero emission bus targets will only strengthen the Department’s hand, so I urge the Government to support the amendment.
I will start my comments on this group by speaking to clause 37 stand part and then move to the amendments. The clause will prevent the use of new non-zero emission buses on local bus services in England. The full transition to zero emission buses is a vital part of the Government’s plan to make buses better for passengers and to realise the benefits of lower running costs, cleaner air and smoother, quieter journeys. Bus operators have begun to invest in new zero emission buses, supported by Government funding initiatives. All stakeholders including bus operators, manufacturers and local transport authorities share the ambition to achieve a zero emission bus fleet more quickly.
However, I recognise that there is a need for Government intervention to accelerate bus decarbonisation by supporting the sector with greater certainty of future demand for zero emission buses. The clause seeks to provide that certainty. However, in recognition of the need to provide time and confidence to manufacturers to shift production, and to operators and local transport authorities to plan their fleet transition, the change to the law will come into effect on a date specified by the Secretary of State in secondary legislation. The clause specifies that the restriction on the use of new non-zero emission buses will not take effect earlier than 2030. It also allows for the Secretary of State to exempt certain types of vehicle or local services from the restriction—for example, to enable the relevant local services reliant on those vehicles to still run.
The hon. Member for Brighton Pavilion raised the issue of charging capacity at depots. The clean power action plan includes a programme of connection reform measures aimed at reducing the delays—and I recognise those she has spoken about. The Government are moving from a first come, first served model to an approach based on readiness and strategic alignment. If approved, connection reform proposals submitted to Ofgem by the National Energy System Operator will release up to 400 GW of capacity from the oversubscribed connections queue, accelerating the connections that the hon. Lady talked about for customers ready to connect by the end of 2025.
The Department for Energy Security and Net Zero and Ofgem are also considering what further action could be taken to accelerate connections for strategically important demand customers. The Government are working to ensure that they understand the specific conditions affecting bus operators and continue to communicate directly with bus operators to share best practice. Battery ranges are getting better; independent tests carried out on behalf of the Department on the UK bus test cycle show that ranges for electric vehicles can exceed 500 km, and further for hydrogen. The Government’s independent advisers, the Climate Change Committee, have been clear: buses should transition to zero tailpipe technologies, and biofuels should be focused on sectors harder to decarbonise such as aviation and maritime. The purchase costs of zero emission buses have decreased in real terms, and they have become more efficient to run.
I thank the hon. Member for Brighton Pavilion for tabling amendments 32 and 33 relating to zero emission buses. I appreciate that their intention is to ensure that the English bus fleet is decarbonised as quickly as possible. I can reassure her that the Government share that intention. However, having considered them carefully, the Government cannot support the amendments, and I am happy to set out the reasons why.
Amendment 32 would prevent new non-ZEBs from being used on English local bus services from 1 January 2027. Amendment 33 would enable that by removing the 1 January 2030 restriction currently in the Bill. That would allow the Secretary of State to end the use of new non-ZEBs at an earlier date.
We have stated in the Bill that the measure will not come into effect before 1 January 2030. The precise date will be set by statutory instrument. That will provide the industry with reassurance that the measure will not come into effect suddenly or without warning, and allow sufficient notice to be provided, enabling the industry to prepare for the change to zero emission buses. I am concerned about the impact that an earlier date could have on bus operators and the potential adverse consequences for passengers, such as the cost of decarbonising leading to reduced services and increased fares.
A reduction in bus services could also lead to more journeys being made by car and therefore greater overall carbon emissions. I am also concerned about the potential for job losses in the UK manufacturing sector if an earlier date led to bus operators running diesel buses for longer on certain routes.
As indicated in the published impact assessment for the Bill, there is a significant risk that setting an implementation date too early, before the total cost of owning electric buses reaches broad parity with diesel buses, could have damaging impacts. For the reasons I have outlined, I ask the hon. Member for Brighton Pavilion to withdraw her amendment.
I thank the hon. Members for Wimbledon and for North Norfolk for amendment 78. I appreciate its purpose —to encourage the repowering of existing diesel buses, meaning their conversion into zero emission vehicles. I assure them that we support bus repowering—indeed, I opened a plant myself—as a viable and sustainable option to help the transition to zero emission buses in the UK. My Department has introduced the zero emission vehicle repower accreditation scheme to help bus operators to ensure that repowered buses get higher standards of efficiency and emission reduction, invest in their existing fleet and become eligible to claim the zero emission bus incentive in the bus service operators grant.
I do not think that the amendment is necessary. Only new diesel buses will be prevented from being used on English bus services; any existing diesel buses, including those that are repowered, can continue to be used. For any new diesel buses registered after the stated date, regulation 16 of the Road Vehicles (Registration and Licensing) Regulations 2002 will require the vehicle keeper to inform the Driver and Vehicle Licensing Agency of any changes to the vehicle that may result in the particulars held on the vehicle record becoming incorrect. That includes changes to the engine or propulsion of the vehicle.
Proposed new section 151A(4)(a) of the Transport Act 2000 states:
“The Secretary of State may by regulations…specify descriptions of document that may be relied on in order to determine…what is included in the tailpipe emissions from a vehicle”.
I can assure the hon. Member for North Norfolk that we would ensure that such documents included those that include up-to-date information about the bus’s powertrain. That would allow such buses to be used on English local bus services. I therefore ask him not to press amendment 78.
Amendment 58 tabled by the hon. Members for North Norfolk, for Wimbledon and for South Devon seeks to clarify that the restrictions on the use of non-zero emission buses from a date no earlier than 2030 apply to mayoral combined authorities. I welcome the intention behind the amendment. The Government agree that the restrictions should apply to local bus services in those areas, creating jobs, supporting local economies and accelerating our journey to a zero emission future. That is why, in response to concerns raised in the other place, the Government expanded the measure to apply to all local services in England, including those in London. If a mayoral combined authority operates a relevant service, they will already be subject to the restriction on using non-ZEBs. That means that the measure as it stands in the Bill already fulfils the intention of the amendment.
I thank the hon. Members for North Norfolk, for Wimbledon, for South Devon and for Didcot and Wantage for tabling amendment 63, which would require the Secretary of State to publish a report six months after the Bill receives Royal Assent on the ability of local transport authorities to access funding to decarbonise their fleets. The restriction on the use of new non-ZEBs will not come into effect immediately. That will follow careful consideration of all relevant factors by the Secretary of State, including affordability, and it will be fully debated in Parliament as it will be implemented by affirmative secondary legislation. We state in the Bill that the measure will not come into effect before 1 January 2030. That will give the industry and local transport authorities reassurance that the measure will not come into effect suddenly and without warning, and will allow sufficient notice to be provided, enabling them to prepare for the change to zero emission.
With this it will be convenient to discuss new clause 53—Minimum bus service standards: review—
“(1) Within six months of the passing of this Act, the Secretary of State must conduct a review into the minimum bus service standards required for communities in England.
(2) The review conducted under this section must—
(a) take into consideration the different requirements of communities of differing population sizes across England, including rural and urban communities,
(b) explore the regulatory powers and funding arrangements that would be required for Local Transport Authorities to implement guaranteed minimum bus services for every community with more than three hundred residents across England.”
Clause 38 places a statutory duty on the Secretary of State to conduct a review, within two years of the Bill’s enactment, on the level of bus services being provided to villages in England. The clause was inserted into the Bill via a non-Government amendment in the Lords.
The Government expect local transport authorities to consider the needs of everyone in their area, including those in more rural parts. Although the Bill aims to improve bus services, the review required by the clause would not be practical to deliver. Measures such as franchising and setting up a local authority bus company are significant undertakings that will take time. It is unlikely that a review after two years would allow enough time to capture and assess the impact on rural areas. The full impact of a franchising scheme or a local authority bus company is not expected to be seen until the scheme or company has been operating for some time.
Moreover, although I accept the positive intention behind the measure, it is already addressed by the Bill and wider Government policy. The Government are seeking to reverse the long-term decline in bus services, partly by ensuring that the impact of any changes to bus networks is fully assessed and options are fully explored before a service is changed or cancelled. That will be achieved through measures on socially necessary local services, which will help protect and improve services in rural areas.
Beyond the Bill’s reforms, the Department’s support programme includes a focus on rural-specific challenges, with a dedicated Bus Centre of Excellence conference on quality rural bus services this month, and the first two of our franchising pilots, in York and North Yorkshire and Cheshire West and Chester, announced at the spending review. The Government therefore oppose the clause.
I support clause 38, which would require the Secretary of State to conduct a review into the provision of bus services to villages in England within two years of the Act being passed. Members will have heard many of my points about the clause in previous speeches, including on amendment 71, which I have pressed to a vote already, but the clause as a whole is not only sensible but essential. I am very pleased that those in the other place added it to the Bill and I hope it will be retained today.
In North Norfolk I have more than 100 villages and hamlets. From Alby and Antingham to Wiveton, Wickmere and Worstead, they are all treasured communities but face challenges with rural transport. Too often, rural communities are treated as an afterthought when it comes to public transport planning. I know this at first hand and my constituents experience it day in and day out. I am sorry to say that the last Government did not do enough in the years that they had to tackle the issues that rural communities face. It is time we stepped up to the challenge of rural mobility.
Villages across England have been cut off by decades of under-investment, deregulation and short-term decision making. The clause acknowledges that rural isolation is not a minor inconvenience, but a daily barrier to work and education, healthcare and opportunity more broadly. The clause rightly demands that the Government take stock of the current state of rural bus provision. It requires an assessment of how many villages are being served by regular bus routes, and it asks important questions about who is being affected—which demographics, which regions and which types of communities are being left behind.
As I said when speaking to my amendments and new clauses on rural bus hubs, having a service to every village might not be the right approach for every area. In many places, moving towards a hub-and-spoke model might be the best course of action. This review would help to identify that and allow us to better understand the current state of play and what steps can be taken to improve the situation.
The clause also rightly mandates consultation with key stakeholders—local councils and transport authorities —who are best placed to speak to the lived reality of rural transport as currently delivered. Without proper scrutiny and transparency, bus networks in rural areas will continue to wither. This review clause is a modest but vital safeguard that ensures we do not look the other way while whole communities are cut off.
My Liberal Democrat colleagues and I have long championed the rights of rural communities to fair access to transport. From Cumbria to Cornwall and Norfolk to Newton Abbot, we are fighting for cut-off communities to finally have their challenges heard and their needs addressed. Clause 38 speaks directly to that principle and I urge colleagues across the Committee to support its inclusion in the Bill.
It is a pleasure to speak with you in the Chair, Dame Siobhain, for what may be the final time on this Committee. I thank you for guiding us—particularly those of us who are new to the world of Bill Committees—through this process.
I would like to speak in favour of the Minister’s approach to clause 38, which, though clearly well intentioned, perhaps would not have achieved what it was aiming to for England’s villages. On Tuesday, hon. Members heard me mention two of the villages I am proud to represent, Slitting Mill and Norton Canes, and what clause 14—regarding socially necessary services—would mean for them. However, not wishing to have favourites, I am grateful to now have the opportunity to talk about what this Bill will also mean for Brereton and Ravenhill, Brindley, Littleworth, Rawnsley, Hazelslade, Prospect Village, Cannock Wood, Bridgtown, Heath Hayes and Wimblebury.
Like so many parts of England, particularly in rural and semi-rural areas such as mine, bus routes in our villages have been shrinking for many years, while fares have risen. However, I would like to highlight a rare piece of good news, which is that, from 20 July—a successful tender permitting—the No. 60 between Cannock and Lichfield, and the No. 74 between Cannock and Stafford, will begin to run on Sundays once again, and hopefully later into the evenings. The No. 60 in particular is the only service for many of my villages, so that extension will be very welcome.
My constituents have sadly become used to bus services stopping at 7 pm and not running at all on Sundays. From listening to the debate, that is a world away from the experiences in the constituencies of some members of this Committee, but it is the reality in much of our country. When growing up in a village, like I did, or living in a village, like I still do, a bus can be a lifeline—something that I am glad to say we on this Committee have discussed extensively—so the withdrawal or reduction of services means more cars on the road, more people isolated within their homes, and, of course, less cash to invest in, or even preserve, routes. That is why I am pleased to hear the Minister’s assurances on this matter.
I do hope that a review of the benefits of this Bill to England’s villages can be carried out in time, but when the time is right, not by an arbitrary timeframe. By that point, the full benefits of things such as franchising and registers of socially necessary services can be properly assessed. For that reason, I urge fellow members of the Committee who represent villages—like I do—to oppose clause 38 standing as part of this Bill, so that the Secretary of State and the Minister can determine the best approach to ensuring that, once again, buses are there for people and communities first and foremost.
On new clause 53, legislation to guarantee minimum levels of services for communities already exists in the Transport Act 2000. The Bill’s socially necessary local services measure will provide greater protection for existing bus services from being arbitrarily cancelled or reduced. The Department for Transport is also currently undertaking a review into enhanced partnerships, which is set to conclude later this year. We are looking into the potential of developing a set of minimum standards for enhanced partnerships.
I thank members of the Committee for their thoughts on seeking to review the provision of bus services to villages in England. The Government recognise the need to serve villages, alongside improving service, reliability and punctuality, across England, and the role that buses play in linking communities together. We are seeking to reverse the long-term decline in bus services, partly by ensuring that the impacts of any changes to bus networks are fully assessed and that options are fully explored before a service is changed or cancelled.
An evaluation of the Bill, including the impact on rural services, will be completed as part of a wider evidence review of bus franchising. The Government do not want to undermine that analysis by presenting findings before franchising and local authority bus companies have been established. That would not reflect the true impact on passengers.
Question put, That the clause stand part of the Bill.
Clause 39 would require the Secretary of State to implement a vision zero programme in the bus sector, with the aim of eliminating serious injuries in the course of bus operations. The clause was inserted as a non-Government new clause in the other place.
The Government support the principle behind vision zero, because we do not want any deaths or serious injury on our transport network, but where vision zero programmes are being taken forward, such as in London and Greater Manchester, the focus of the strategies is wider than just buses; they are multimodal and take a safe-system view across the transport network. A nationwide programme would cut across the Department’s plans for a road safety strategy and promote a one-size-fits-all approach that is unlikely to work in different settings, such as rural areas. Local leaders are best placed to design the programmes that work to eliminate serious injuries in their local areas.
By creating a national programme that would significantly overlap with wider local transport authority management, the clause would undermine the Bill’s intention to empower local areas. It is therefore inconsistent with the Bill’s principles. The Bill aims to empower local leaders to take control of bus services so that they meet the needs of their communities. That includes making the best decisions to encourage safer transport networks in a given area. The Government therefore oppose the clause standing part of the Bill.
I rise to strongly support clause 39, which was the inspiration of Lord Hampton, the Cross Bencher who tabled it in the other place. It would require the Secretary of State to collaborate with industry stakeholders to implement a vision zero programme for buses, with the aim of eliminating serious injuries during bus operations and improving overall safety in the sector. It is very hard to argue against that as an objective for the Bill.
The Minister expressed support for the concept and direction of travel. His primary argument against the clause was that it would somehow get in the way of a multimodal approach to the reduction of injuries on transport, but there is no reason why it need do so. It could co-ordinate with a multimodal transport response. Nothing in the clause prevents it from being part of a wider piece of work. I accept that the legislative requirement would be limited to the bus sector, but a non-legislative multimodal approach would be perfectly permissible, and it is a ministerial sleight of hand to suggest otherwise. The Minister is using some other review as an excuse not to keep this very good clause.
The reason why it is a good clause is that personal injury to passengers on buses caused by sharp braking is a significant issue. A 2019 study for Transport for London showed that three quarters of bus passenger injuries in London were due to non-collision incidents, such as sharp braking or harsh manoeuvres. This disproportionately affects older females and standing passengers, whether they are standing for the journey or standing on their approach to a stopping place.
The challenge with the current statistics is that they are binary—they report either collision injuries or non-collision injuries—and are not broken down further into, for example, sharp braking or avoiding manoeuvres. The clause would help to get to the bottom of where risk lies, expose the data and lead to an effective focus on remediation efforts. I strongly support it.
I thank Committee members for their thoughts on the vision zero programme. My noble Friend the Minister for Rail noted in the other place that the Government are “sympathetic to the aims” behind vision zero. We all want a completely safe bus sector with no incidents. Safety goes wider than buses: other modes of transport share a vision for that, and that includes the Department’s work on a road safety strategy. It is the first such strategy in over a decade, which raises the question of why the previous Government failed to keep us up to date.
The Government are already taking steps to improve safety in the bus sector, but we recognise that more needs to be done. We want to eliminate serious injuries and deaths on our transport networks, but the clause cuts across the forthcoming work on the new road safety strategy.
Question put, That the clause stand part of the Bill.
The clause requires bus operators that are contracted to operate a franchising scheme or enhanced partnership to record data about all assaults and violent behaviour that have taken place on their services. The clause requires that data to be shared with the relevant local transport authority. It also requires local transport authorities to consult relevant trade unions about any staff safety issues arising from the data. The clause was inserted into the Bill via a non-Government amendment in the other place, and I do not consider it necessary.
First, the clause duplicates work already done by the Home Office and the police. All incidents reported to the police under the Home Office crime recording rules, whether by victims, witnesses or third parties, and whether crime-related or not, will result—unless immediately recorded as a crime—in the registration of an auditable incident report by the police. That is in line with the vision that all police forces in England and Wales should have the best crime recording system in the world—one that is consistently applied, delivers accurate statistics that are trusted by the public, and puts victims’ needs at its core.
Secondly, the clause may not be compatible with article 8 of the European convention on human rights, as no limits are placed on what the data to be collected and shared may include. It does not specify what should be collected or how frequently, and no enforcement mechanism is attached. That may result in inconsistent data. As drafted, the clause relates to contracted services, which would exclude all the local transport authorities that have entered into enhanced partnerships with private operators. For such practical reasons, the Government will seek to remove the clause from the Bill.
It is rather unedifying to see the Government hiding behind arguments about article 8. If they seriously thought that article 8 was a practical consideration that prevented the adoption of the clause, why did they not seek to amend the clause? They were perfectly capable of tabling a clarifying amendment to make the clause compliant with article 8, if they really had genuine concerns about such compliance. They could have done it, but they have chosen not to. It does not befit the Minister to hide behind that as a defence for the Government’s inaction.
The clause deals with the recording and sharing of data about assaults. It was proposed by the noble Lord Woodley in the other place. The Government should be aware of that, because it was after all drafted by the National Union of Rail, Maritime and Transport Workers. I am sure the Government are good union supporters and, in other situations, I would have expected them to be highly supportive of union recommendations, although I seem to recall—I think I am right—that the RMT is not officially affiliated to the Labour party. Perhaps that explains why the clause is about to be removed from the Bill.
The clause imposes a duty to record all data about assaults and violent behaviour, and a duty to consult any relevant trade unions about issues of staff safety arising from that data, which is eminently sensible. Before I go into more detail, I want to clarify that most bus journeys are in fact very safe. Data from Transport for London for 2024 suggests that only 9.6 crimes are committed per million journeys in London. I do not have the data in front of me, but I think that the equivalent data for rural Norfolk might show it is even safer.
It is an increasing trend in London, however, as 4,167 crimes on London buses were reported as violence against the person in 2018-19, which was an increase of 2.5% on the previous year. In the west midlands, another hotspot, violent crime on buses increased 7% year on year in the latest statistics. Bus driver assaults is an important subsection of such crime, and in London between 2011 and 2013, on average four bus drivers every single day were assaulted or verbally abused. According to a Unite the union survey in 2024, 83% of UK bus drivers experienced abuse, with 79% saying that there had been an increase over the previous year and many reporting an inadequate employer response to assaults.
That is the important bit: if bus drivers are reporting an inadequate employer response to assaults, why is requiring the proper recording of data associated with assaults such a bad thing? Surely the first step to change would be to understand the full nature of the problem. The clause would lead to better data, and therefore better support for bus drivers and passengers faced with violent crime.
I, too, am frustrated that the Government did not see fit to address those concerns by amending the clause.
Let us start by being clear: assaults that take place on bus services are not abstract statistics—they are real events affecting real people. Often, drivers and frontline staff are simply doing their jobs and passengers are just trying to get from A to B. We cannot tackle this problem unless we properly understand it. To do that, we need robust, consistent data.
Here lies the point: at present, too many of those incidents go unrecorded, or are not handled consistently across different operators and regions. Clause 40 would put a stop to that, creating a clear and consistent duty that, if an operator is contracted to run services, it must record this data and share it with the local authority. That is the very least the public expect. Furthermore, the inclusion of a duty on a local transport authority to consult with relevant trade unions regarding issues of staff safety arising from the data collected is a good step. It will ensure that the data is used in practice and could lead to increased safety for staff and passengers.
It is clear that the clause is about more than data collection; it is about creating a feedback loop between those who operate bus services, those who oversee them and those who work on them. That would ensure that when violence occurs, it is recorded, known, and acted on. That is how we start to build a safer system for staff and passengers—for everyone. The Prime Minister recently it made clear that abuse of those working in the rail industry is “utterly unacceptable”; he responded to a question on the abuse of rail staff by saying:
“The abuse and assaults on staff are utterly unacceptable. We are taking measures to make sure they are safer.”—[Official Report, 2 July 2025; Vol. 770, c. 281.]
I am sure the Prime Minister believes the Government should take measures to ensure that bus staff are kept safe, not just rail staff. For that reason, the Minister should push to maintain clause 40 in the Bill. It is not only the right thing to do; it seems that the PM backs it too. I want to protect those who serve our communities, and ensure that public transport is not only affordable and reliable, but safe. Clause 40 helps to deliver that vision, and I implore the Government to keep it in the Bill.
I thank hon. Members for their thoughts on recording and sharing data about assaults. In the other place, we highlighted the fact that the Bill already includes measures to enhance the safety of staff and passengers on bus services. As I set out, many operators—and indeed the police and the Home Office—already collect data on assaults, and it makes sense for them to rationalise how best to manage their operators and staff in that respect. We are not seeking to duplicate the work of the police. Victims may also not want to report incidents without their consent, and we should be cognisant of that.
Question put, That the clause stand part of the Bill.
I have tabled a number of new clauses relating to safety of working conditions, health and safety, and reporting of bus safety. I want to speak in detail to new clause 5, but I will speak only briefly on the other related new clauses.
We need to see a step change in attitudes and effort on bus safety. Buses are a poor relation compared with other forms of transport in terms of the amount of work and care that goes into the safety of drivers and working conditions, much to the detriment of public safety. I therefore fully support the written evidence from the RMT. I am disappointed that this issue was not voted on in the Lords, because there is a clear case and a high need for it to be looked at.
It is a shame that a Bill with such potential to include these kinds of measures does not, hence these new clauses. In its written evidence, the RMT argued that
“decades of fragmentation and deregulation has led to poor working conditions in much of the sector and a stark lack of oversight for health and safety. As a report into the UK’s deregulated bus market by former UN rapporteur Philip Alston states ‘privatisation also appears to have resulted in lower quality jobs in the bus sector and unsafe working conditions’.”
Given that the Bill is intended to undo and help to mend some of the harm of privatisation, and to create better standards, these measures need to be brought in.
Bus workers are subject to many health and safety risks, including fatigue. I have met with bus drivers about the impacts of fatigue and the kinds of shifts they have to carry out. We will discuss new clauses about working times later. When drivers spot issues, they need to have a confidential reporting system such as that in new clause 5. It would be good to include in the Bill a means of reporting confidentially without fear of repercussions, which is a safety measure used in many other industries.
I will speak more on the individual measures in the new clauses to come, but they all need to be looked at. They come as a package to ensure that drivers have better working conditions, that there are better qualifications in management, that things can be reported, and that data on the current situation can be collected and used to focus attention on these issues in future.
New clauses 5 and 44 seek to require local authorities to ensure that local bus operators are providing their drivers with access to CIRAS. The Government are deeply concerned about any safety incidents in the bus sector, but the issue was discussed in the Lords, and the Government cannot support in legislation an amendment that specifies a third-party service.
CIRAS is one of a number of suitable routes through which safety concerns can be raised. For example, anyone may anonymously report a lack of safety or conformation to standards in the bus sector to the Driver and Vehicle Standards Agency intelligence unit. The DVSA may use that information to investigate the situation, including working with other Government Departments and agencies, as well as the police. The Minister for Rail noted the need to raise awareness of that service, and officials are working with the Driver and Vehicle Standards Agency. I remember discussing this very issue with the RMT.
There are comprehensive standards covering all aspects of bus operation, such as roadworthiness of vehicles, operational services and driver standards. Those are enforced by several organisations including the DVSA. Operators of those vehicles are licensed by the traffic commissioners, who also consider any non-compliance issues and ensure that bus operators are effectively regulated. Those regulatory systems also include provisions on the responsibilities and conduct of drivers. Drivers or any member of the public may at present report any concerns to CIRAS if they would rather use that route. I hope that reassures the hon. Member for Brighton Pavilion that the Department is absolutely committed to ensuring safety in the bus sector, and that the new clause is unnecessary.
New clause 6 relates to the same issue of bus safety. It requires local transport authorities to collect and publish bus safety performance data online at minimum intervals of every quarter, and to submit that bus safety performance data to an independent auditor for the purposes of it assessing the data’s accuracy. That is a very important thing that we should be doing at a national level.
This is another probing new clause, so I would be interested in hearing from the Minister about how that will be done in some other way. It is now routinely done in Transport for London’s reporting, which has been incredibly useful for everyone interested in road danger, such as people interested in pedestrian and cyclist safety. It has been a really good thing, so extending it and making it a duty on every local transport authority should be very basic and not resisted.
I thank the hon. Member for tabling new clause 6, which I will deal with alongside the new clauses tabled by my hon. Friends the Members for Easington (Grahame Morris) and for Clapham and Brixton Hill (Bell Ribeiro-Addy), which deal with the same issue. These new clauses seek to require local authorities to publish bus safety performance on a quarterly basis, which must be audited annually.
Road safety is a priority for the Government, which is why we are developing a road safety strategy—the first, as I have said, in over a decade. The Department for Transport already collects data in respect of reported collisions involving personal injury, and publishes that information at a local authority level. Records of individual collisions are also published as open data. That is carried out through the STATS19 framework, which relies on reports from the police.
We recognise concerns about the lack of data collection for areas off the public highway. As a result of those matters being raised in the other place, the Department is engaging with the standing committee on roads injury collision statistics, which reviews the STATS19 framework to understand how those concerns can be addressed. Data is also collected from public service vehicle operators who must report incidents to the Driver and Vehicle Standards Agency, thanks to the PSV operator licensing requirements.
I hope that provides reassurance that the Department is absolutely committed to ensuring that passengers benefit from safe journeys on bus services, and is working to ensure that passengers can access information about those matters easily. As a result, I hope that the hon. Member for Brighton Pavilion will feel able to withdraw the new clause.
This is a probing new clause. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 7
Permitted driving time for drivers of PSVs being used under the licence to provide a local service
“(1) In section 96 of the Transport Act 1968 (permitted driving time and periods of duty), at the end of subsection (1) insert—
‘, subject to subsection (1A).
(1A) Drivers of public service vehicles (PSV) being used under a licence to provide a local bus service must not on any working day drive a PSV for periods amounting in the aggregate to more than nine hours.’”—(Siân Berry.)
This new clause would change the permitted driving time for bus drivers from ten hours to nine hours (in aggregate) to align with the permitted driving time for HGV drivers.
Brought up, and read the First time.
This new clause would set a permitted driving time for bus drivers—drivers of public service vehicles—that matched the permitted driving time for heavy goods vehicle drivers. Currently, the permitted driving time for bus drivers is considerably less stringent than for HGV drivers. Some of the data that we have received from the RMT on this issue shows that bus drivers can drive up to 10 hours a day and they have a 30-minute break as a minimum—I am sure that many operators operate different shift patterns than that, but this is what is permitted—after five hours and 30 minutes of driving. In every two consecutive weeks, there is a requirement for them to have 24 hours off duty. However, there is some flex in the rules, which means that someone can actually drive for 130 hours across two weeks. To me, that is asking for trouble. I feel that drivers are potentially being put under far too much pressure by these rules and that we need to look at having this kind of limit in our law.
Two similar new clauses have been tabled: new clauses 42 and 43. They take the same limits but treat them more in aggregate, which may be an attempt to be more flexible. I would be really interested to hear what the Minister has to say about how bus drivers’ hours will be regulated in a way that ensures greater safety than is currently the case.
Once again, I thank the hon. Member for Brighton Pavilion for tabling new clause 7, which I will discuss alongside new clauses 42 and 43. The new clauses seek to align the GB drivers’ hourly rules with the maximum permitted weekly and fortnightly driving limits in the assimilated drivers’ hours rules. They also aim to increase the break requirements for drivers of local bus services in the GB rules to something akin to those in the assimilated rules. The maximum permitted daily driving time for a bus driver is 10 hours, where the driver is providing a regular bus service and where the route length does not go beyond 50 km. The maximum permitted driving time for a driver providing a service beyond that, as well as for coach drivers and HGV drivers, is nine hours, which is extendable twice a week to 10 hours.
While I recognise the hon. Member’s intentions, there are a few unintended consequences to the proposed changes. First, they would increase the number of drivers required to undertake the same amount of work. That would likely have a knock-on impact on the considerable progress made in the last couple of years in addressing bus driver shortages.
Secondly, the proposed changes would likely impact how drivers work. When such a change was previously put to bus operators, they advised that it would result in an increase in the number of drivers having to work split shifts. That is likely to be unpopular with bus drivers, because it would likely mean that they would have to wait around at operating bases for a number of hours. Operators have worked hard to avoid drivers working split shifts when organising shift patterns.
Thirdly, such a change would limit a driver’s earning potential, due to a reduction in the maximum number of hours they could work. The result of all these changes could lead to bus drivers leaving the profession, which would impact the progress made in addressing driver shortages.
Would the Minister not agree that shorter consecutive hours and more flexible shift patterns might attract more people to consider bus driving as a potential career?
I think that the hon. Member is insinuating that there would be a choice there, but her proposal would remove that choice.
As I was saying, the result of the changes could be bus drivers leaving the profession, which would impact on the progress made in addressing driver shortages and could lead to cuts in the frequency of services or even cuts to entire routes, which I am sure we all agree we do not want to see. Should service cuts occur, they would likely have a disproportionate impact on those on the lowest incomes, who rely most on the provision of bus services. On that basis, I suggest that the hon. Member withdraw the new clause.
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 8
Professional qualifications for officials in franchising authorities
“In the Transport Act 2000, after section 123X insert—
‘123Y Professional qualifications for officials in franchising authorities
Officials from a franchising authority responsible for designing, negotiating and enforcing any franchise scheme must have certification from—
(a) the Institution of Occupational Safety and Health, and
(b) the National Examination Board in Occupational Safety and Health.’”—(Siân Berry.)
This new clause would require officials from franchising authorities responsible for designing, negotiating and enforcing any franchise scheme to have IOSH and NEBOSH certifications.
Brought up, and read the First time.
I beg to move, That the clause be read a Second time.
Following on from my other new clauses, this new clause would simply mandate that those who work in franchising authorities and who are responsible for designing, negotiating and enforcing franchise schemes be qualified through the Institution of Occupational Safety and Health and the National Examination Board in Occupational Safety and Health. That would, I hope, lead to greater focus on health and safety in the work that they do.
New clause 8 relates to training for officers in franchising authorities. It specifically focuses on officials from franchising authorities holding certification from the Institute of Occupational Safety and Health and the National Examination Board in Occupational Safety and Health. Under current health and safety legislation, local transport authorities are required to ensure a safe and healthy work environment, which includes risk assessments, proper training and compliance with health and safety regulations. It is therefore right that a local transport authority that has chosen to franchise determines what level of qualifications is required to ensure that it meets those important requirements.
The effect of the new clause would be an increase in the cost and time that it takes to franchise if the Government required all staff to achieve certification before they started the process. Part of the Government’s bus reform is to simplify and speed up franchising and drive down costs. The new clause would disproportionately impact authorities considering franchising, including those in smaller towns and rural areas. We all agree that health and safety is paramount for bus staff, passengers and the wider public. I will therefore ask my officials to consider that this matter be addressed in the updated guidance for franchising authorities.
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 9
Review of the use and costs of bus travel for children
“(1) The Secretary of State must, within two years of the passing of this Act, conduct a review of the use of bus services by children.
(2) The review must assess—
(a) the level of use of bus services by children,
(b) the degree to which cost is a limiting factor in children’s use of bus services,
(c) the potential health, social and environmental impacts of children being unable to use bus services as a result of the cost of those services, and
(d) the potential impact of making bus travel free for children.
(3) For the purposes of any review undertaken under this section, ‘child’ means any person under the age of 18.
(4) In conducting a review, the Secretary of State must consult relevant stakeholders, including local councils, transport authorities and youth organisations.”—(Siân Berry.)
This new clause would require the Secretary of State to conduct a review of bus use by children and to consider the impact of making bus travel free for children.
Brought up, and read the First time.
I could not possibly talk about the inquiries that the Transport Committee is considering undertaking, but I would say that we all have an active interest in how to account for policy impacts on integrated travel as a whole. It may be that the Minister can attend a hearing in the forthcoming inquiry to speak to the exact point that the hon. Lady has just made.
Far too often, decisions about fare levels are made without a clear picture on their wider consequences, as I have said. The evidence is compelling; we know from both national and international experience that lower, simpler fares drive higher patronage. We have seen that with the £2 fare cap still inexplicably being phased out by the Government. With successful fare reform in places such as Germany and the Netherlands, affordable and innovative ticketing has increased public transport use. This new clause would bring that learning to a local level. It would empower transport authorities to act and analyse their policy in an informed away, based not on guesswork but on real data, public consultation and a clear understanding of what works.
This is not onerous. Most of our local authorities are already gathering some, if not all, of this data. What this new clause would do is provide consistency, as well as clarity, and a stronger evidence base for future fare and ticketing policy. It puts passengers and communities at the heart of decision making, and gives us the tools to reverse the long-term decline in bus use that has plagued far too many parts of the country for too long. If we are serious about boosting ridership, cutting emissions and making public transport fair and accessible, we need to understand the role of fares properly. This new clause would help us to do just that.
New clause 9, tabled by the hon. Member for Brighton Pavilion, seeks to require the Secretary of State to conduct a review of bus use by children, or those under 18, to consider the impact of making bus travel free for them. The Government remain committed to exploring targeted solutions that deliver value for money to taxpayers, while ensuring affordable bus travel for those who need it most, particularly young people.
Local authorities and bus operators can choose to offer concessions to children and young people. For example, in the year ending March 2025, these concessions were offered by 24 out of 85 travel concession authorities in England outside of London, and by at least one commercial bus operator in 73 out of 85 local authority areas in England outside of London. A good example of that is Cambridgeshire and Peterborough combined authority, which launched the tiger bus pass, offering bus fares of £1 for those under 25.
We want bus fares to be affordable, which is why we are funding the £3 bus fare cap until March 2027, and confirming around £900 million in revenue funding each year from 2026-27 to maintain and improve vital bus services. As I said, local authorities may choose to use this funding to support such initiatives based on their local needs. As such, I ask the hon. Member for Brighton Pavilion to withdraw her new clause.
I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 10
Review of the English national concessionary travel scheme
“(1) The Secretary of State must, within six months of the passing of this Act, conduct a review of the English national concessionary travel scheme (ENCTS).
(2) A review undertaken under this section must assess—
(a) the effectiveness and impact of the ENCTS for eligible persons,
(b) the impact of the timing restrictions of the ENCTS, and
(c) the approximate cost of removing timing restrictions of the ENCTS to allow eligible persons to use the scheme 24 hours a day and seven days a week.
(3) In conducting the review, the Secretary of State must consult relevant stakeholders, including local councils, transport authorities and relevant user groups.”—(Siân Berry.)
This new clause would require the Secretary of State to conduct a review of the English national concessionary travel scheme (ENCTS) and explore the consequences of removing timing restrictions.
Brought up, and read the First time.
New clause 32 in my name and new clause 10 in the name of the hon. Member for Brighton Pavilion both call for a review into the impact of the current timing restrictions, whereby those eligible for the ENCTS, whether through age or disability, receive free travel only after 9.30 am. I am grateful to my hon. Friend the Member for Harrogate and Knaresborough (Tom Gordon) for tabling new clause 48, and I am happy to speak to it. I wish to press new clauses 48 and 35 to a Division, but I will not press any other remaining Liberal Democrat new clause.
New clause 48 would immediately remove the time limit for those with disabilities. It may surprise the Committee to learn that I am going to praise a transport policy of Norfolk county council, which has used its discretion to remove time limitations and allow disabled people to use their bus passes at all hours. I have heard very positive feedback. Therefore, I think the new clause would be a sensible and useful measure. I urge the Government and the Committee to support it.
To respond to new clause 10, the English national concessionary travel scheme costs around £700 million annually, and any changes to the statutory obligations, such as extending the hours in which a pass can be used, would need to be carefully considered. As I said to the hon. Member for Brighton Pavilion regarding new clause 9, local authorities in England already have the power to offer concessions in addition to their statutory obligations.
A review into the ENCTS was concluded in 2024, which included an assessment of the travel times of the scheme; the Government are considering next steps. On that basis, and as the new clause would cut across the ENCTS review, I ask the hon. Member for Brighton Pavilion to withdraw it.
The Minister refers to the cost of concessions. Has he made an assessment, or is he aware of what the assessed cost would be, of removing the time restriction, as proposed in new clause 48?
As I have already explained, local authorities across the country already have powers to use their funding, and they have done so on many occasions.
New clause 32, which is on a similar theme, would require an assessment of the impact of and means to removing restrictions on concessionary travel passes. As all hon. Members know, the Government’s intentions are to give power to local leaders to determine their local priorities. That is why the £900 million of bus funding secured in the spending review will enable local leaders to expand their offer on concessions beyond their statutory obligations, if they so choose. I have said that the Government are considering our next steps on the ENCTS review. I therefore ask the hon. Member for North Norfolk not to press the new clause.
With this it will be convenient to discuss new clause 29— Review of the impact of funding cuts on bus services—
“(1) The Secretary of State must, within six months of the passing of this Act, lay before Parliament a report detailing the impacts of funding cuts to bus services since 2015.
(2) A report under subsection (1) must include, but may not be limited to—
(a) an assessment of changes in bus service provision, including frequency, coverage, and the extent of route reductions;
(b) an evaluation of how funding cuts have affected access to public transport for residents, particularly in rural and low-income areas;
(c) an analysis of the impact on passenger patronage and the financial stability of bus operators and local transport authorities;
(d) a review of the broader social, economic, and environmental consequences of changes in bus service provision due to funding reductions;
(e) recommendations for further actions or policies that may be required to mitigate negative impacts on bus services and ensure their sustainability and accessibility.
(3) In conducting the review under subsection (1), the Secretary of State must consult relevant stakeholders, including—
(a) local councils and local transport authorities;
(b) bus service operators;
(c) public transport user groups and community representatives;
(d) organisations representing persons with disabilities; and
(e) relevant trade unions and professional bodies.
(4) Any report must be accompanied by a statement from the Secretary of State on how the findings of the report will be addressed, including any further steps which are to be taken to support bus services and mitigate negative impacts.”
This new clause would require the Secretary of State to conduct a review of the impacts of funding cuts to bus services since 2015.
An excellent settlement was secured for buses in the latest spending review. Although we need to determine how to spend it most efficiently, the Government recognise that ensuring that the funding is distributed fairly is of great importance.
New clause 17 would require us to come forward with a report detailing a proposed revision of the formula that is currently being used. The current formula is based on local need, taking into account factors such as levels of deprivation, population size and bus mileage. The new clause is therefore not needed. The Government have already said that we will review the current formula and engage with stakeholders in doing so.
The new clause would introduce the simple but crucial requirement for the Secretary of State to publish a proposed bus funding formula within six months of the Bill’s passage, alongside an explanation of its rationale, an assessment of its distributional impacts, and any alternative models considered but not adopted.
We all recognise that bus services are a lifeline for many of our constituents, connecting people to work, education, healthcare and social functions, and yet we come back to Banquo’s ghost: funding. There are cheques being written by local authorities that opt for franchising, but where that funding will come from is absent from the Bill—it is totally opaque. The new clause would resolve that. It would not dictate what the funding formula should be. Instead, it would ensure that when a funding formula is proposed, it is done on an evidence basis, as described in subsection (2)(b), and transparently. Such transparency is essential to maintain trust in the system, especially after the vast overspends in Greater Manchester.
The new clause is proportionate and constructive, and aims to fix the significant concerns around the lack of funding detail in the Bill overall. It would help to ensure that the significant investments we make in bus services deliver the greatest possible benefits, particularly for communities that rely on them most. I will press it to a Division.
Question put, That the clause be read a Second time.
I imagine that there are many different calculations in different parts of the country; mine is based on casework inquiries. A limited number of fare options are available to people in my constituency, as is the case in many rural areas, and I think that £10 is a reasonable approximation.
New clause 19 would ensure that, within 12 months of the passing of the Bill, the Secretary of State must establish a scheme to reintroduce the £2 fare cap. It would restore a measure that was working, that passengers appreciated, and that delivered wide social and economic benefits. I urge Committee members to join me in supporting the new clause, axing the bus tax and putting money back into the pockets of our constituents.
I have already explained the Government’s position on the bus fare cap. It ensures that passengers up and down the country have access to affordable bus fares and, through those, improved opportunities.
New clause 19 would provide that operators taking part in the scheme may be given priority consideration in the awarding of financial grants. That may give rise to unintended consequences; for example, it is likely that larger operators would be more able to cap fares at £2, potentially muscling out smaller and medium-sized operators in allocations for grant funding. Moreover, it also might impact service levels by reducing the funding available to keep services viable. On that basis, I ask the hon. Member for North Norfolk to withdraw the new clause.
Question put, That the clause be read a Second time.
I beg to move, That the clause be read a Second time.
This is an important new clause that deals with poor performance franchising. Subsection (1) would require the Secretary of State to produce a statement on when or how the Government would intervene in cases where franchised bus services were persistently failing because of poor operational or financial management. Subsection (2) says that the statement must set out the circumstances under which the Secretary of State would take over the management of a service and how those are to be identified, and that it must clarify the period of time for which the Secretary of State shall continue to manage the service.
As Members will be aware, under the Bill, franchising provides local authorities with significant powers to shape, manage and procure bus services in their areas. With those powers should come an equally important responsibility: the duty to ensure that services are delivered efficiently, sustainably and to the high standards that the public rightly expect. The new clause addresses that important gap in the legislation. It requires the Secretary of State, within six months of the Act passing, to lay before Parliament a clear statement outlining their intentions and mechanisms for intervention in circumstances where franchising arrangements persistently fail due to poor operational or financial management.
I will cut to the chase: we have franchising on the railways. The Government are getting themselves into a very odd position. They are saying, “We are all for devolution. We don’t want to get involved. We are removing the requirement to gain the consent of the Secretary of State to enter into franchising agreements and we have no mechanism to intervene if local transport authorities get themselves into a mess and oversee persistent underperformance.” On rail, however, they take the opposite position and their version of franchising is to nationalise. What would the Government do to remedy the situation if the transport network in a local transport authority persistently underperformed? At the moment, they are expressing no opinion at all on that.
The new clause gives them the power to set out their views. It seeks to ensure that where franchising authorities or franchisees fail to deliver contracted services, there is a backstop of national intervention to guarantee continuity and standards. Buses should not be the poor relation of rail. The new clause brings the franchised bus networks in line with the franchised rail network and introduces further certainty and confidence into the franchising system for operators, passengers and local authorities alike. Everyone will know that where persistent failure occurs, there will be a robust safety net to prevent communities being left with persistently poor franchised bus services.
Poor performance by operators delivering franchised services is properly managed through the franchising contracts themselves. The Department’s franchising guidance clearly states that authorities should build mechanisms into their contracts to ensure that better bus service outcomes are delivered and that poor performance from operators can be dealt with. Franchising authorities therefore have the levers to address that without the intervention of the Secretary of State.
On the subject of ensuring that franchising authorities successfully deliver bus services, I highlight that LTAs must produce a robust assessment before developing a franchising scheme. An assessment enables an authority to take an informed decision about whether a proposed scheme would deliver better outcomes for passengers and do so in a way that is financially sustainable. The assessment must, in turn, be independently assured.
Finally and crucially, I stress that franchising authorities should ultimately be accountable to local people for bus provision and service standards delivered by a franchised network. It would be contrary to the wider principles of the Bill for the Secretary of State to break that line of accountability. I therefore hope that the hon. Member for Broadland and Fakenham will consider withdrawing the new clause.
The Minister’s comments fail to address the need for a final backstop, so I will press the new clause to a Division.
Question put, That the clause be read a Second time.
If I may, I want to put on record my thanks to you, Dame Siobhain, and the other Chairs of the Committee over the past couple of weeks. I also want to thank the Clerks, who have literally done a marathon today, running backwards and forwards—it is great to see active travel alive and well. I thank the Hansard Reporters and the Doorkeepers overseeing proceedings. I also thank the officials who have supported me in bringing this important legislation forward, and for helping me navigate my very first Bill Committee on the Government Front Bench.
Finally, I also thank hon. Members on all sides of the House for their valuable contributions and insights throughout these sittings. In particular, I thank the shadow Minister, the hon. Member for Broadland and Fakenham, and the Liberal Democrat spokesman, the hon. Member for Wimbledon—please pass on my regards to him. I thank them for the insights that they have brought and the very good-natured way in which they have contributed to the Committee sittings. I know that we all want to deliver the best possible public transport system for our constituents, and I very much look forward to further engagements with hon. Members on the Bill.
I associate myself with all the Minister’s comments, particularly those regarding the officials and everyone who has made this Committee work over the last few weeks. I am very grateful to hear the Minister’s nice words about how he was listening carefully to what we said. If that were the case, I wonder why he did not accept any of our amendments, but it may just be a question of time—he may reflect further on them. It is great that we have managed to finish a day early, at the time that the Government Whip, the hon. Member for Halifax, had in her mind. I also thank her for the way in which she has managed the operation of this Committee behind the scenes.
(1 week, 2 days ago)
Public Bill CommitteesPerhaps I should declare an interest: tomorrow morning at 10.30 am, I will be having a meeting about floating bus stops with representatives from Transport for London outside Colliers Wood tube station. Should any Member wish to join me, they would be most welcome.
Given that this is a large group of amendments, and given the legitimate concerns of the Committee, stakeholders and disabled people, I hope that hon. Members will forgive me for the length of the remarks that I am about to make. I will deal first with clauses 30 to 32 before moving to the amendments.
Clause 30 will introduce a power for the Secretary of State to publish statutory guidance covering the location, design, construction and maintenance of bus stopping places, for the purpose of promoting safety and facilitating the travel of disabled people. The goal is to ensure that all passengers can travel with confidence, and that bus stations and stops will meet their access needs and incorporate design features that promote their personal safety.
Relevant local authorities and National Highways will be required to “have regard to” the guidance when commissioning new or when upgrading or maintaining existing infrastructure in England. A duty to “have regard to” guidance has been extensively considered by the courts and is a well understood legal concept. Local transport authorities will know that they must not simply read the guidance and ignore it; otherwise, their decision will be open to legal challenge. Although the duty is to “have regard”, it is expected that guidance will be followed unless there are good reasons not to do so.
The Government intend that the guidance will support authorities to provide infrastructure that people are genuinely enabled and encouraged to use. That is why the clause requires the Secretary of State to consult the Disabled Persons Transport Advisory Committee when providing new guidance, changing it significantly or revoking it. Engagement with DPTAC and other groups representing disabled people will support the Department to understand the priorities and perspectives of disabled people with a range of impairment when developing the guidance. Members of the Committee may be aware that DPTAC fulfils a function as my Department’s statutory adviser on the needs of disabled transport users.
Clause 31 requires the Secretary of State to publish statutory designed guidance on floating bus stops within three months of Royal Assent, to which local authorities will be required to have regard when designing new floating bus stops or altering or removing existing ones. The guidance is already in draft and will reiterate the pause on shared use boarders, as well as providing advice to authorities on how to improve accessibility at other types of floating bus stops. To ensure that the voices of disabled people are heard and understood, the Department will also be required to consult the Disabled Persons Transport Advisory Committee on the guidance before publication. The guidance in clause 31 is separate from the statutory guidance on bus stopping places set out in clause 30, but the two documents will overlap. When that guidance is provided, we will ensure that they align.
Clause 32 sets out requirements on demonstrating how authorities have had regard to the guidance about the safety and accessibility of stopping places in clause 30, and about floating bus stops in clause 31. The clause provides a power for the Secretary of State to request information from local authorities on stopping places provided by them and used by local services, including how they have had regard to the statutory guidance. This will enable the Government to better understand what progress has been made across England to ensure that bus stops and, where relevant, facilities in their vicinity are safe and accessible for all users.
The information received can be published, and if the Secretary of State believes that an authority has not fulfilled its duty, they may publish a statement to that effect. This is intended to allow the Government to promote accountability and encourage compliance where they have been made aware of concerns. Local transport authorities can also be subject to judicial review if they do not have regard to the guidance. We will set out more details on how this process may work in developing the statutory guidance.
Having addressed the three clauses, I want to make some general remarks in response to comments from members of the Committee. We recognise that this is about equality and the ability to make independent journeys confidently. We also recognise that more needs to be done to make these installations accessible to all, which is why the Government accepted amendments tabled in the other place that require us to produce statutory guidance and put in place reporting powers to promote accountability. That is why, alongside these legislative measures, the Government have decided to instigate a pause on designs where passengers board and alight directly into a cycle track shared between pedestrians and cyclists.
In the other place, my noble Friend the Minister for Rail confirmed that the Government will set out details of this pause to local authorities. Of course, it is right that both Houses get to debate and scrutinise proposals on floating bus stops before this pause is instigated. My Department will reflect on the points raised during debates in this Committee, and in further debates on the Bill, before confirming its expectations. The Government are in listening mode, and this is the democratic way forward to ensure that different views are taken into account.
I want to put on record our thanks to the Government for heeding the calls of many who have spoken in this Committee and the other place about the knotty issue of floating bus stops. Clearly, lots of things need to be reviewed and lots of situations need to be untangled. Is the Minister personally confident that his approach will lead to a safe, workable future, both with the assets that are currently in place and those that are, or would have been, planned?
I will continue, and if I do not answer the hon. Member’s question fully, he is free to intervene and ask me once again, but I think I will give the reassurance that he requires.
On the question of funding, we are also exploring further support for local authorities to retrofit existing sites, including the launch of the next consolidated active travel fund round, which will happen shortly. Remediation activities will be explicitly included in the scope of the fund for 2025-26. Local authorities are also encouraged to use a wide range of available funding, such as highways maintenance funding and new funding announced at the spending review, for any remediation works necessary to meet the new design guidance, when it is published.
On a wider point, I remind the Committee that the Government are providing £1 billion in 2025-26 to support and improve bus services in England outside of London. That commitment was followed by the recent announcements in the spending review, with which the Government committed £900 million each year to maintain and improve vital bus services.
On the budgets that the Minister just mentioned, was he clear that the money for retrofitting will come out of active travel funding, rather than bus services funding, or is it a bit of both?
A range of funding pots could be used for the remediation work. As I mentioned, the pause will focus on designs where passengers board and alight directly into a cycle track shared between pedestrians and cyclists. Research by University College London, commissioned by the Guide Dogs for the Blind Association, identified such layouts as particularly problematic. The hon. Member for Wimbledon specifically raised the question of auditing existing floating bus stops. Clause 32(1)(b) will place a duty on local authorities to respond to requests from the Secretary of State for information on stopping places. That power is broadly drafted and would allow the Secretary of State to ask for information about the number and location of floating bus stops provided by the authority. Transport for London has also undertaken a form of audit on its floating bus stops.
We expect such audits to naturally form part of developing local funding programmes. However, my Department will ask local authorities to undertake that work, alongside setting out to them its expectation on the pause. We will work together with local authorities in a pragmatic way to collate information on floating bus stops. Much of the information is already held by local authorities, and I recognise that it is important to addressing this issue. Local authorities will be able to use a wide range of existing funding streams to audit floating bus stops in their areas. For example, the consolidated active travel fund includes capital and revenue elements that can be used for audits, early feasibility work and capital remediation schemes.
I have heard the concerns of hon. Members about the behaviour of some cyclists. I am happy to set out my commitment to working with local authorities, Active Travel England and bus operators in this space to support awareness raising through communication on this issue. On Report, I will return with further updates on the Government’s plans. I reiterate the Government’s commitment to enabling more people to walk, wheel and cycle. Good-quality segregated infrastructure is vital to making cycling safer. However, we must ensure that it is delivered in a way that keeps the public realm accessible for everyone. As I outlined, my Department and Active Travel England are focused on helping local authorities to implement change in a way that is more consistent and accessible, through research, awareness raising and good practice.
Moving to the amendments, I will begin by discussing amendments 40 to 43. Amendment 40 would place a mandatory requirement on the Secretary of State to give guidance on the safety and accessibility of stopping places. Clause 30 as drafted gives the Secretary of State flexibility to issue guidance when it is appropriate and based on proper evidence, engagement and policy development. Replacing “may” with “must” in clause 30(1) would create a statutory obligation, impacting that discretion. Such a duty could risk forcing the premature publication of guidance, before the necessary consultation, or the gathering of evidence or stakeholder input, has been completed. That could lead to guidance that is incomplete, inconsistent and frankly unfit for purpose.
I have already spoken about the requirement to consult DPTAC, the Disabled Persons Transport Advisory Committee. That will ensure that any guidance developed is effective, proportionate and responsive to the needs of all passengers. I would like to reassure the Committee that this Government are committed to publishing guidance to ensure that stopping place infrastructure around the country is safer and more accessible to all. However, I am concerned that amendment 40 would frustrate, rather than support, our ability to ensure that the drafting works for all passengers.
I challenge the Minister’s rationale on clause 30. I understood him to be saying that making a duty mandatory might force the Government to issue guidance before consultation is undertaken, but there is nothing in the clause that suggests that. If he wishes to propose that as an argument against amendment 40, he needs to set out what it is in said amendment that would require the issuing of guidance prior to any consultation or standard operating procedures. I cannot see anything like that.
We will have to agree to disagree on that, I am afraid.
Amendment 41 seeks to extend the Secretary of State’s power to give guidance, including for the purpose of enabling disabled people to make journeys without the use of a floating bus stop. The intent would be to produce guidance that advises authorities to construct stopping places in a way that would enable people to travel without crossing a cycle track.
Essentially, that means providing guidance to authorities that floating bus stops should not be installed and should, if already installed, be removed, where work in the scope of this guidance is undertaken. Authorities, as listed in clause 36, would then be required to have regard to the guidance. This Government do not believe that a complete ban on floating bus stops is appropriate, given the need to improve safety for cyclists and to enable more people to cycle. The requirement to publish statutory guidance, to which local authorities are required to have regard, will enable the Government to set out clearly what is expected of authorities in terms of making floating bus stops accessible.
Amendment 42 would mandate that the Secretary of State “must” issue guidance, specifically about the location, design, construction and maintenance of stopping places and facilities, and how authorities engage with others in relation to stopping places. The statutory guidance will cover a broad range of considerations in relation to stopping places including, as I said, location, design, construction and, where relevant, maintenance. By amending the clause to say that the Secretary of State must give guidance about certain characteristics of a stopping place, the amendment risks being overly prescriptive and would restrict the Secretary of State’s power to develop guidance informed by stakeholder engagement.
Amendment 43 has two separate purposes. It seeks to ensure that relevant authorities, which have a duty to have regard to the guidance on safety and accessibility of stopping places, always comply with the recommendations of the guidance. The only exception to this would be where there are exceptional local circumstances not to do so, and only if authorities have obtained prior written approval from the Secretary of State.
We expect that all relevant authorities will comply with their duty to have regard to guidance under clause 30. It is crucial, however, that authorities have the flexibility to apply those solutions that work best in each location and in individual circumstances. Without that flexibility, we risk preventing authorities from progressing infra-structure upgrades that might otherwise have been considered, rather than encouraging them to do so. Amendment 43 would also require the Secretary of State to make a judgment on a case-by-case basis as to what constitutes exceptional local circumstances. Given that those will differ in each case, that may be difficult to provide in a consistent manner.
The amendment also seeks to introduce a statutory pause on the construction of floating bus stops and shared bus stop boarders. It would do this by requiring authorities that have a duty to have regard to the guidance under clause 30 not to proceed with construction of such stopping places until guidance on floating bus stops is issued by the Secretary of State under this clause.
It is unclear how this amendment of clause 30 on the stopping place guidance and the floating bus stop guidance in clause 31 would relate to each other. The latter must be published no later than three months after Royal Assent, while the clause 30 guidance has a longer timetable, with no statutory deadline. In practice, that means that guidance on floating bus stops would be available in the short term, but not under clause 30. The practical effect of the amendment would be to negate the guidance under clause 31, because local authorities would not be able to use it. That would delay authorities’ ability to plan and carry out works to make floating bus stops more accessible. The amendment is disproportionate and, along with amendments 40 to 42, unnecessary.
I turn to amendments 29 to 31 in the name of the hon. Member for Brighton Pavilion. Amendment 29 seeks to expand the purposes for which statutory guidance can be issued to include matters such as safety on pavements along the route, access to toilet facilities and real-time information, some of which are beyond the intended scope of the guidance. Although those are important considerations, many are already covered within the scope of clause 30. The current drafting of the definition of “facilities” provides sufficient flexibility for the guidance to address accessible information and other relevant facilities.
Welfare facilities for drivers are covered in existing bus franchising guidance. In enhanced partnership areas, it is the responsibility of operators to provide adequate welfare facilities for drivers. That can be discussed and agreed with local transport authorities as part of the partnership. I have already spoken about the information provisions in the Bill. Bringing multiple sources of information together in one place will help to improve the situation for passengers and ensure a more consistent approach, as the hon. Lady said.
Issues such as pedestrian safety on pavements and at crossings are addressed through existing statutory duties on local authorities, and do not require repeating here. The consultation requirements that I have set out will ensure that the guidance reflects expert advice on the issues that matter most, including safety and the facilities that are provided at bus stops.
Amendment 30 seeks to narrow the definition of “facilities” in subsection (7) by specifying that such facilities should include those provided to assist people with accessing a stopping place from the surrounding area and from the nearest stopping place in the opposite direction on any route. Amendment 31 seeks to clarify that the definition of “facilities” includes facilities providing information to passengers. The definition of “facilities” in the clause is deliberately broad to ensure that the guidance can cover a full range of accessibility features, such as information facilities or facilities in the surrounding area of stopping places that support access. Highlighting specific types of facility would risk unhelpfully reducing flexibility or, potentially, conferring priority on the provision of one type of facility.
On facilities that provide access to the nearest stopping place on any route, some bus stops, particularly those in rural areas, are located very far apart, on dual carriageways or in places with one-way traffic systems. If the hon. Lady’s intention is to capture all facilities between stops, that is outside the scope of the guidance. The amendments would also pre-empt proper and full consultation with disabled stakeholders to determine what may be most appropriate. For the reasons I have set out, amendments 29 to 31 are unnecessary, and I ask that they not be moved.
I turn to the three amendments in the names of the hon. Members for Wimbledon, for North Norfolk, for South Devon (Caroline Voaden) and for Didcot and Wantage (Olly Glover). Amendment 65 deals with service information at stopping places—in particular, real-time arrival information. I have explained that statutory guidance can cover the location, design, construction and maintenance of stopping places and the facilities in the vicinity. I have also covered the broad definition of “facilities”, which will enable guidance to be given on a range of accessibility features and nearby features; facilities providing service and real-time information would fall within the existing definition in subsection (7). I am concerned that the amendment would give the impression that one feature or facility has priority over the others covered in the guidance. The amendment would also pre-empt consultation with stakeholders, including on what disabled passengers themselves consider a priority.
Amendment 60 seeks to strengthen the duty on authorities in subsection (6). It would require them to
“take reasonable steps to implement”
guidance, in place of the current requirement to “have regard to” it. The amendment was also tabled in the other place. Although the Government did not accept it, we listened carefully to the concerns raised and tabled Government amendments to strengthen the package of accessibility measures in the Bill. They include clause 21, which will require local transport authorities to publish a bus network accessibility plan.
However, I reiterate the points made in the other place. The purpose of statutory guidance under clause 30 is to support authorities to provide consistent, safe and accessible road infrastructure suited to the needs of their area. It is not intended to set a single rigid standard for bus stations and stops that is applicable to all circumstances. Allowing authorities to consider the guidance and its application in relation to different stopping places will allow them space to assess other relevant factors in their decision making. A more onerous requirement would not provide that flexibility.
That is precisely why Active Travel England is doing this work—so that we can identify a design standard in order to ensure that our transport systems are accessible for everybody.
The new clause would also, in effect, ban floating bus stops by requiring all buses to pull into the kerb, regardless of local cycling needs. That would not be appropriate, because we must continue to ensure that cyclists are also able to travel safely. I have spoken at length about the action that my Department is taking, the research of Active Travel England, and the funding available to support local authorities. The Committee will be pleased to hear that I will not repeat those points, but for those reasons I ask hon. Members not to press the new clause to a Division.
New clause 47 tabled by the hon. Member for Broadland and Fakenham has similarities to new clauses 12 and 40. Beyond the points that I have made about practicality and necessity, the new clause raises various practical issues. For one, local authorities with works under way would be unable to complete them. Unfinished works on pavements and roads may put pedestrians at risk, and unfulfilled contracts may impose costs on local authorities. In addition, the term “inclusive-by-design”, which is used in the new clause, is not a legally recognised term. It is unclear what design principles would apply to that requirement, which may create confusion for local authorities. I therefore ask the hon. Gentleman not to press the new clause.
I am grateful for the Minister’s considered response to all the amendments. I spoke in favour of a number of amendments tabled by the hon. Member for Battersea (Marsha De Cordova), who is not a member of the Committee. The mathematics of the Committee are pretty obvious, so I will treat the majority of them as probing amendments. Some of them have done their work, and I hope that those that the Minister batted away will be quietly reconsidered when he is back in the comfort of his ministerial office. I consider amendment 40 to be one such probing amendment, so I will not press it to a vote. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment proposed: 43, in clause 30, page 32, line 42, at end insert—
“(6A) The bodies listed in (6) may depart from such guidance only if—
(a) it considers that there are exceptional local circumstances which justify the departure; and
(b) it has obtained the written approval of the Secretary of State to the proposed departure.
(6B) The bodies listed in (6) must pause the construction of any stopping place designed as a floating bus stop or shared bus stop boarder, and must not proceed with construction, until the Secretary of State has issued guidance under this section relating specifically to the design and use of floating island bus stops and shared bus stop boarders.”—(Jerome Mayhew.)
This amendment would ensure that listed bodies would be obliged to follow the guidance except in exceptional circumstances, and would require those bodies to pause construction on new floating bus stops and shared bus-stop boarders until guidance has been published.
Question put, That the amendment be made.
I beg to move amendment 76, in clause 33, page 35, line 33, at end insert—
“29AA Application of section 29A duty: services in Wales
(1) Section 29A (duty to check barring information) applies in relation to a school service that takes up or sets down passengers at one or more points in Wales only if regulations made by the Secretary of State so provide.
(2) But the regulations may not provide for that section to apply in relation to—
(a) a service for the carriage of passengers by road at separate fares—
(i) that is provided in fulfilment of a duty imposed on the Welsh Ministers by an Act of Senedd Cymru, or
(ii) to the extent that it is provided in Wales under a permit granted by the Welsh Ministers under an Act of Senedd Cymru, or
(b) a service that is provided under arrangements made by a body to which the duty in section 15(1) of the Learner Travel (Wales) Measure 2008 applies (duty of local authorities and governing bodies to have regard to guidance given by Welsh Ministers).”
This amendment provides for the duty to check the criminal record certificates of drivers of school bus services which have stops in Wales not to apply until switched on by regulations, and excludes that duty entirely for services for which the Welsh Ministers, Welsh local authorities or governing bodies of schools in Wales are responsible.
The drafting of the amendment looks complex, but its outcome is quite simple. It removes Welsh services where it is considered that the Welsh Government can achieve a similar outcome to clause 33. The clause closes a loophole whereby some drivers of school services are not required to have a criminal record check, including checking the children’s barred list. Although this matter is reserved, the Welsh Government have agreed to implement measures through the Welsh Government’s Bus Services (Wales) Bill currently going through the Senedd that will lead to a similar outcome.
The Welsh Government have agreed that services operating under a local bus service contract or permit, which will be established through the Bus Services (Wales) Bill, will require operators to ensure that the appropriate criminal record checks are done for qualifying drivers of school services. They have also agreed that local authorities and governing bodies of schools in Wales must have regard to the Wales learner travel guidance under section 15(1) of the Learner Travel (Wales) Measure 2008, which can include guidance about criminal record checking. The Welsh Government have advised that they will update the guidance so that drivers of services provided by those bodies will be subject to the same checks required by clause 33. Ultimately, even though the amendment removes Wales from the Bill, we are clear that drivers of all closed school services will require a criminal record check.
Clause 33 seeks to mandate bus operators to carry out enhanced criminal record certificate and children’s barred list checks for drivers of closed school services, or to check the update information in relation to a previous enhanced criminal record certificate every three years, where the driver undertakes such services frequently or on more than three days over a 30-day period. When I refer to a “closed school service”, this is a service that is not open to the public. It is not a public service that stops at or near a school; it is used solely to transport schoolchildren to school and home again.
Under current legislation, when a public service vehicle operator is contracted by a school or local authority to provide closed school bus services, there is statutory guidance that advises local authorities and schools to ensure that a safeguarding check has been carried out at an appropriate level for each driver. For these drivers, it is expected that each one will have an enhanced criminal record certificate, which includes a check on whether the driver is on the children’s barred list.
However, the Government have been made aware that other closed school bus services are currently operating independently, not contracted or operated by schools or local authorities. In these cases, there is no explicit requirement for drivers to have an enhanced criminal record certificate, including a children’s barred list check. Clause 33 aims to close that loophole so that contracted school services are not being held to a higher standard than commercial school services, and that children are safe on all closed school bus services, regardless of whether they are contracted or commercial.
By requiring operators to carry out checks of the children’s barred list, the operator will know whether the driver is barred from working with children. The clause will mean that in addition to the driver committing an offence by driving children while being barred, the operator will also commit an offence if they permit the driver to drive on their service. Currently, operators are not mandated to carry out checks on their drivers and so can rely on their having no knowledge that the driver is barred as a defence. The clause changes that.
I will not rehearse the rationale behind the need for the proposed new sections in clause 33; the Minister has set that out pretty clearly. However, there is one issue that I seek clarification on from him or his officials.
The clause makes it an offence for an operator to permit a driver to drive a closed school service if the operator either knows or has reason to believe that the driver is barred from undertaking regulated activity relating to children. So far, so good. That is an offence and it comes under the criminal justice system.
The clause also requires the operator to check the enhanced criminal record certificates at least every three years, and it sets out how that can be achieved, but it is silent as to whether the failure to do so is an offence. I have a question for the Minister: if an operator fails to comply with the duty to check every three years, what are the practical consequences? Is that failure an offence? I stand to be corrected on that; I may have misread the clause when I read it some time ago. If it is not an offence, how does he intend proper enforcement to be undertaken, because without robust enforcement and information on the consequences of failure to comply with the clause, the safeguarding duty risks being diminished?
I will not go into the details of Government amendment 76. I fundamentally accept the need for it, because it deals with devolution. It does prompt a question about timescales, however, which the Minister might be able to put my mind at rest about. We want these improvements to be made, because they address the safety of children and the provision of transport for children, which are important. Yet through the devolution process that we all have to respect, we run the risk of a delayed response in devolved areas of the country, because there is currently no guarantee of timescales in the clause.
I understand the constitutional niceties that the Minister has to comply with, but it would be helpful for Committee members, and for Members of the House more widely, to receive some assurance that conversations have at least taken place with the devolved Administrations, so that they are fully aware of the need for this amendment and their own legislative processes are not unduly delayed. If he could reassure me on that point, I would be grateful.
I will write to the hon. Gentleman to give him some further details about those points, if that will suffice.
Amendment 76 agreed to.
Clause 33, as amended, ordered to stand part of the Bill.
Clause 34
Training about crime and anti-social behaviour
I beg to move amendment 61, in clause 34, page 36, line 35, after “2003” insert—
“(c) any form of domestic abuse, as defined in the Domestic Abuse Act 2021, beyond offences or behaviour covered by (a) or (b).”
This amendment would ensure that training for bus drivers on identifying crime includes all forms of domestic abuse.
I am very impressed with the clause; it adds good things to the Bill and it is appropriate that drivers are given good information and training on how to deal with crime and antisocial behaviour. Some of the concerns raised by the shadow Minister are covered in proposed new section 144F(2) of the Transport Act 2000, where it says “respond appropriately”. In many cases, the appropriate response may be to call the police, and sometimes it may be to report back to senior people within the organisation or merely to ask that CCTV be reviewed to see whether an offence has been committed. Those are all appropriate actions that do not put people in any danger.
I also want to speak in support of amendment 61, from my Liberal Democrat colleagues. It would be a very good addition to the clause, because many sub-crimes—things that fall below the level of crime—will still raise alarms to do with domestic abuse. A lot of progress has been made in training people who work in pubs and nightlife on the Ask for Angela service. Bus drivers may also be approached and potentially asked for support or help to get away, and they need to be able to respond appropriately. People need training on how to spot others who might be in danger and to act appropriately.
Will the Minister also give us some reassurance? The clause contains the very broad definition of
“criminal offences that would cause a victim or potential victim of the offence to fear for their personal safety”.
I want to raise the issue of child criminal exploitation; I tabled related amendments to the Crime and Policing Bill on Report. Issues such as county lines and spotting children in danger could be part of this training. During that debate, I also spoke about the need for people to treat children as children, not criminals, as they might be vulnerable or in danger themselves. There are also issues around unconscious biases and the adultification of black children in particular. Those things might all potentially be within the scope of this training, because it is important that people are given more duties to deal with criminal issues and training to avoid some of the pitfalls.
Finally, I ask the Minister for an update on discussions with trade unions and the potential new duties in amendment 73, tabled by the hon. Member for Middlesbrough and Thornaby East (Andy McDonald). Since he is not a member of the Committee, I want to make sure that the Minister responds to his question about involving trade unions to ensure that training is prepared appropriately and in discussion with them.
I thank the hon. Members for Wimbledon, for North Norfolk, for South Devon and for Didcot and Wantage for tabling amendment 61, which seeks to include domestic abuse, as defined in the Domestic Abuse Act 2021, as part of the mandatory training for bus staff on crime and antisocial behaviour.
I am glad to confirm to hon. Friends and members of the Committee that clause 34 already captures domestic abuse. That is because domestic abuse is a criminal offence, and the clause outlines that training must cover
“criminal offences that would cause a victim or potential victim of the offence to fear for their personal safety”.
Furthermore, under the powers in the clause, the Secretary of State will be able to issue guidance that will cover behaviours associated with violence against women and girls. Through that guidance, bus operators will be made aware of the breadth of different types of violence against women and girls, and how to train their staff to identify, respond to, and, where it is safe to do so, prevent incidents of such behaviours occurring on the bus network.
To answer the question from the hon. Member for Broadland and Fakenham, guidance on training requirements will be developed in consultation with stakeholders, drawing on existing good practice. The ambition is to empower drivers and other staff to recognise and be able to respond to acts of antisocial behaviour and violence against women and girls, which may involve passengers, themselves or their colleagues. When determining how drivers and other staff should respond to such incidents, a key consideration will be how to ensure that the personal safety of the employee or employees is not put at risk. I hope I have provided enough assurance for the hon. Member for North Norfolk to feel able to withdraw amendment 61.
Amendment 52, tabled by the hon. Member for Broadland and Fakenham, seeks to ensure that guidance issued under the powers in clause 34 does not lead to staff placing themselves in danger at any stage. The Government listened to concerns raised in the other place, including from the hon. Member’s party. We tabled an amendment to clarify that staff will be trained to prevent incidents only where it is “safe to do so”. For the benefit of the Committee, I confirm that staff will not be expected to put themselves at risk or in danger at any stage. Training on crime and antisocial behaviour will help staff to understand ways in which to de-escalate and defuse situations that occur on the bus network. That is a key part of the Government’s vision for making buses safer and more inclusive for all passengers—and, in the case of this clause, particularly for women and girls. I hope the hon. Member is satisfied and will therefore not press his amendment.
Amendment 73 was tabled by my hon. Friends the Members for Middlesbrough and Thornaby East, for Clapham and Brixton Hill (Bell Ribeiro-Addy) and for Easington (Grahame Morris). It would require public service vehicle operators to consult trade unions before preparing training for bus drivers and staff who deal with the travelling public, or issues relating to them, on how to identify, respond appropriately to and, where safe, prevent criminal and antisocial behaviour. Specifically, it would mandate that trade unions be consulted on the proposed content and implementation of the training.
In the spirit of the Government’s objective to reduce violence against women and girls, I think it would be sensible to make reference to that within the guidance.
(1 week, 4 days ago)
Public Bill CommitteesI remind the Committee that with this we are discussing the following:
Amendment 67, in clause 28, page 24, line 37, after “nuisance” insert
“, including sustained anti-social auditory disturbance.”
This amendment would allow local transport authorities to prohibit disruptive anti-social forms of noise such as from telephones through byelaws.
Clauses 28 and 29 stand part.
As I was saying this morning, clause 28 enables local transport authorities to introduce byelaws to tackle antisocial behaviour on vehicles, as well as within and at bus-related infrastructure, such as bus stations. The clause was developed to address the current situation, in which there are no specific powers available to local transport authorities to make byelaws to deal with antisocial behaviour on their bus networks. Certain local transport authorities could use the general powers contained in section 235 of the Local Government Act 1972 for this purpose, but those powers are not available to all local transport authorities, most notably metropolitan combined authorities.
The clause is intended to provide flexibility to local transport authorities to effectively enforce against antisocial behaviour on the transport network and to ensure greater consistency across the country and across public transport modes. Through these byelaws, local transport authorities can provide authorised persons with the power to enforce against antisocial behaviour, including the ability to issue fixed penalty notices where they have reason to believe that an offence has been committed.
Clause 29 ensures that the new byelaw powers being granted to local transport authorities are also available to Transport for London. TfL has requested to be included in this provision. Although TfL officers can deal with antisocial behaviour at bus stops and bus stations under existing byelaws, they cannot easily enforce against nuisance behaviour on the buses themselves. Closing this loophole gives TfL the same powers as other local transport authorities in England and will help to make buses in London safer for passengers and for staff.
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.
I rise to support the clause, and in particular the elements in proposed new section 144A of the Transport Act 2000 on nuisance and antisocial behaviour. In the community of Hemlington in my constituency, there have recently been disgraceful attacks on bus drivers and buses by young people in the community. I commend the work of Cleveland police, which responded using an innovative so-called Trojan bus filled with plain-clothes police officers who then arrested and apprehended the individuals committing those crimes.
I am asking for clarity on how those provisions in the Bill fit with the broader legislative framework on nuisance and antisocial behaviour, including in relation to people who are not necessarily bus passengers but who are outside and may be disrupting transport. I hope that the Minister can give us some more information on that.
I welcome the provisions in the clause, because we have to address antisocial behaviour and the way that it impacts our public transport system. I support this clause, and I am pleased that we have these provisions in the Bill.
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.
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?
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.
(1 week, 4 days ago)
Public Bill CommitteesIt is a pleasure to make my first speech in Committee with you in the Chair, Dame Siobhain, particularly on a matter as important to the residents of towns and villages in Cannock Chase, which I represent, as socially necessary local services.
When I first read the Bill, clause 14 was one of the measures that I was most delighted to see, along with the extension of the option of franchising to non-mayoral areas, such as mine in Staffordshire, and the scrapping of the ideological ban on council-owned bus companies, which could be an important part of the picture when restoring routes in areas like mine. I apologise to the Committee for not being able to attend its first sitting, when rural bus services were discussed.
The reality for many rural communities including some of my villages, which face reductions in services or being completely cut off, is that they mourn the loss of bus routes because they are now unable to take the bus to access vital facilities and services. Residents of the village of Slitting Mill, just outside Rugeley, have no bus service at all. When I go door-knocking there, I always hear from residents about the opportunities and freedoms that they have lost as a result. One resident told me, almost wistfully, as if she were speaking of a bygone age, of when she used to be able to catch a direct bus from her little village to the centre of Wolverhampton, where she worked. She told me that she does not blame young people for moving out of the village because of that lack of connectivity, or for not returning if they want to start a family. If someone in Slitting Mill does not have a car, their prospects for employment and training are very limited.
In my home village of Norton Canes, residents in the most deprived part of our community, on and around the Norton East Road, have been cut off for many years because the No. 3 bus skirts around the bottom of the road, and the No. 60 around the top. Although the walk of 10-ish minutes is no bother for residents without mobility issues, many of the residents who made best use of the services that went down Norton East Road are older. Many have told me that they do not even bother to catch the bus now. That is just one example of how shrinking services are exacerbating the decline of ridership.
Many residents use the bus to get to their GP appointments, and to scans, tests and secondary care services at Cannock Chase hospital. I am sure that, like me, other hon. Members have heard from constituents who often have to spend huge chunks of their income on taxis—accessible taxis are like hen’s teeth in my neck of the woods—or have to rely on relatives to drive them. Such relatives are hard to come by during working hours, but that is when most health services are open. Had clause 14 been in place when the withdrawal of services from Norton East Road was proposed, we would have had some back-up in opposing that on the grounds of its impact.
I am sure that we have all heard accounts of children and young people not being able to get to school or enjoy social time with their friends because of a lack of bus services, especially in rural and suburban areas. That restricts the horizons of the next generation. Such matters should be, but often are not, taken into account when proposals are made or services are slated for withdrawal.
Those three examples from my constituency show what the Bill means to communities such as mine, which have been let down by the broken bus system for far too long. Buses should work for people and communities, first and foremost. Clause 14 puts that aspiration at the heart of the Bill; I hope it will stand part.
It is a pleasure to see you in the Chair, Dame Siobhain. I thank hon. Members for their further comments on socially necessary local services. My hon. Friend the Member for Middlesbrough South and East Cleveland spoke at the last sitting about devolution and local decision making. Of course I support the principle of good decision making at the local level, and that is what the Bill is seeking to achieve by empowering local leaders.
The hon. Member for Broadland and Fakenham asked how local transport authorities’ decisions on socially necessary local services could be challenged. My Department included clause 14 to deliver greater protection for socially necessary local services and transparency for passengers. Members of the Committee have remarked that the definition given in the clause provides scope to reflect local passenger needs and the specific circumstances of different local areas. It will be for an enhanced partnership to make decisions based on those needs. Mandating an arbitrary level of service takes power away from communities and local leaders and could harm the overall long-term financial sustainability of local bus services.
Local transport authorities will need to vary their enhanced partnership plans and schemes to include a list of socially necessary local services. They must comply with the requirements of their EP schemes to avoid the risk of legal action, such as a judicial review, for not properly implementing the measure. If someone did wish to challenge a decision taken by a local authority, judicial review would be the most appropriate route. Guidance will be published in due course as part of the Government’s enhanced partnership review.
The hon. Member for Broadland and Fakenham asked specifically about proposed new subsection (9A), inserted by the Bill into section 138C of the Transport Act 2000. This is necessary, as it requires an enhanced partnership to set out a process that would be followed if an operator proposed to cancel a socially necessary bus service, or vary one in a way that was likely to have a material adverse effect on the ability of passengers to access the goods, services, opportunities or activities mentioned in the clause.
The hon. Member mentioned the £2 fare cap. The previous Government funded this fare cap until the end of 2024, with some fares likely to revert to more than £10 on the most expensive routes unless a new scheme was introduced to replace it.
I will make some progress, but I can probably paraphrase what the hon. Member was going to say: “It was in the manifesto.” Well, you must excuse me, Dame Siobhain, if I do not take the word of the Conservative manifesto; we heard numerous uncosted spending promises from the previous Government, and now that has all seen the light of day, we can see it was not worth the paper it was written on.
The monitoring and evaluation report for the first 10 months of the £2 national fare cap was published in February 2025, and, as I have mentioned already, it was considered to offer low value for money. Maintaining the cap at £2 for the entirety of 2025 would have cost an estimated £444 million, so the £3 bus fare cap represents a £293 million saving. At the spending review, the Government announced an extension of the £3 bus fare cap until March 2027. The ability of local authorities to influence bus fares is tied to the bus operating model that they choose; in areas with enhanced partnerships, fares are set by the bus operators.
Regarding school services, the Government do not expect the recent national insurance increase to have a significant impact on home-to-school travel.
It is extraordinary to hear the Minister say that, given the entire sector is shouting from the rooftops that it will be an existential crisis for the provision of SEND travel. I simply do not understand what data the Minister or his officials are relying on to support his bold statement that it will not have an impact. If he is going against the reasoned objections of the sector as a whole, he needs to come forward with the data that he is relying on.
I would simply say that it is expected that the private sector organisations that contract with local authorities will take the impact of national insurance changes into account, along with other changes in their cost base, in the usual way through contract negotiations.
Question put, That the amendment be made.
With this it will be convenient to discuss the following:
Clauses 16 and 17 stand part.
New clause 37—Variation of enhanced partnership schemes to improve integration of public transport—
“In section 138K of the Transport Act 2000 (variation), at the end of subsection (5) insert ‘or—
“(c) improve integration across modes of public transport.”’”
This new clause would mean that an enhanced partnership scheme could not be varied unless it would improve integration across different modes of public transport.
New clause 50—Consultation of trade unions—
“(1) The Transport Act 2000 is amended as follows.
(2) In Section 138F, at the end of subsection 6 (f) insert—
‘(fa) representatives of relevant trade unions,’”.
I will start by addressing clauses 15 to 17.
Clause 15 will broaden the scope and increase the flexibility of measures that may be included in an enhanced partnership scheme, by amending the Transport Act 2000 to replace references to specific routes with broader wording that covers local services in their entirety, thereby expanding the scope from measures that apply to individual routes to those that can apply across all local services in an enhanced partnership area. It means that local transport authorities and bus operators will be able to include in an enhanced partnership scheme measures that are more general in nature, rather than being limited by route. For instance, an enhanced partnership scheme will be able to introduce consistent fares and consistent reliability or punctuality targets across the entire area.
Clause 16 was developed in response to concerns from local transport authorities about their ability to require financial reinvestment in local services under the current statutory arrangements for an enhanced partnership. It will provide local transport authorities with a power to specify requirements in enhanced partnership schemes to create financial reinvestment schemes, which may require operators to reinvest any additional profit received as a result of interventions from local transport authorities, the Government or others.
The measure is intended to help to increase the level of operator commitment to the schemes and encourage operators to reinvest in the bus market. It will also help to ensure a greater return on central Government investment through the reinvestment of some operational savings back into the local bus market. Following the enhanced partnership review, which is currently under way, the Department will update guidance to assist local transport authorities and operators in understanding how the power can be used.
Most enhanced partnerships have developed a bespoke variation process through which they can make changes to a scheme, rather than relying on the variation process in the 2000 Act. However, there may be circumstances in which the bespoke mechanism does not work for everyone. Clause 17 provides that, in very limited circumstances, local transport authorities can make changes to their scheme by using the statutory variation provisions instead of the bespoke variation mechanism in the enhanced partnership scheme.
The purpose of the measure is to allow the local transport authority to make an application to the Secretary of State if an operator is acting unreasonably and has objected to a proposed variation that would have been made under an existing bespoke variation mechanism in an EP scheme. If, on application by the local transport authority, the Secretary of State is satisfied that the variation cannot be made because of the unreasonable or obstructive behaviour of one or more operators, or that the variation would benefit the people using the services, the Secretary of State can direct the local transport authority to follow the statutory variation process instead.
Additionally, the clause provides that a variation may be made using the statutory process if it is one that the local transport authority is required to make in relation to socially necessary local services. The measure is designed to provide some protection to local transport authorities to deal with deadlocks in partnership negotiations and to enable changes to local services that are in the best interest of the people who use them.
New clause 37, which was tabled by the hon. Members for North Norfolk and for Wimbledon, would broaden the reasons for varying enhanced partnership schemes under Section 138K of the Transport Act 2000. However, existing legislation allows for enhanced partnership schemes to be varied if that brings benefits to the people who use local services in the whole or any part of the area to which the scheme relates. The legislation thereby already covers the improved integration of different modes of transport, as this will have benefits for the people who use local services.
Under the 2000 Act there is also an existing duty on local transport authorities to develop and implement policies that promote and encourage safe, integrated, efficient and economic transport in their area. As the Committee may be aware, the Government are developing an integrated national transport strategy to set a long-term vision for transport, which will help to inform how transport is designed, built and operated, with passengers right at the centre. I hope that the reasons I have outlined, alongside the existing duties of local transport authorities, have convinced the hon. Members that the new clause is not necessary. On that basis, I ask that it be withdrawn.
I appreciate why my hon. Friend the Member for Liverpool Riverside (Kim Johnson) tabled new clause 50, and the potential benefits of union representation and input when an enhanced partnership scheme or plan is introduced. I direct my hon. Friend to section 138F of the 2000 Act, which the new clause would amend: subsection (6)(h) states that the authority or authorities must consult
“such other persons as the authority or authorities think fit.”
It can therefore be considered that trade unions already come under the interpretation if an authority feels that would make sense. I appreciate that this would be down to the interpretation of each authority, but my Department believes that the decision on who to include, beyond the required stakeholders originally set out, should lie with the enhanced partnership itself.
My hon. Friend may be aware that the Department for Transport will update the enhanced partnership guidance later in the year. In the updated guidance the Department will make recommendations for best practice and will recommend that unions are considered as consultees where a plan or scheme is introduced or updated. It will also be recommended that unions are also considered as attendees for EP forums if appropriate. I therefore do not consider the new clause to be necessary and ask that it be withdrawn.
I thank Committee members for their further comments on the partnerships. Clauses 15, 16 and 17 were introduced in the other place as Government new clauses to strengthen enhanced partnership provisions in order to widen the measures that can be taken by local transport authorities under an enhanced partnership scheme, to require bus operators to provide benefits to bus passengers on measures that will reduce operating costs, and to ensure that variation or revocation will benefit service users.
As I have said, clause 15 broadens the scope and increases the flexibility of EPs and broadens the wording to cover local services in their entirety. This is important to passengers because routes will not be viewed in isolation and local transport authorities will not be limited by route. That can help with the consistency and reliability of services.
The Government have listened to concerns from local transport authorities, and clause 16 provides them with a power to specify requirements in enhanced partnership schemes to create financial reinvestment schemes, which may require operators to reinvest any additional profit as a result of interventions. This is important because it encourages a commitment from operators to reinvest into the bus market, which I know has been a concern. I reiterate that the Department will use analysis from the previously mentioned EP review to update guidance to assist local transport authorities and operators in respect of how the power can be used.
Clause 17 was introduced because it was found that there were times when a bespoke variation mechanism was not working for everyone. The clause provides local transport authorities with very limited circumstances in which they can utilise the statutory variation provisions, instead of the bespoke variation, to make changes to the scheme. With that, I commend the clauses to the Committee.
Committee members will be pleased to hear that I will whip through the clauses quite quickly. Clause 15 amends the Transport Act 2000 to widen the measures that can be taken by a local transport authority under an enhanced partnership scheme so that they can relate to any local services in the area concerned. That is very sensible; we need not trouble the Committee any longer with consideration of that clause.
Clause 16, which deals with the passenger benefit requirement, replaces section 138C(9) of the 2000 Act. It sets out requirements in respect of local services to allow an enhanced partnership scheme to require bus operators to provide benefits to bus passengers in return for public expenditure on facilities or measures that will reduce operating costs. It is a simple and practical balancing act between the commercial operations that pay for themselves and the socially necessary additions that a local transport authority may wish to negotiate as part of the enhanced partnership. It is about the quid pro quo of how those can be funded other than by direct subsidy.
Clause 16(9)(a) provides that local transport authorities may include requirements that relate to operators establishing and operating arrangements that facilitate an EP scheme, and subsection (9)(b) may require bus operators to provide benefits to bus passengers if they benefit from action taken by the LTA or other public authorities, including the Secretary of State. Again, this is a sensible adoption of a quid pro quo process rather than having route extension with direct subsidy. For the Conservatives, the provisions seem to sensibly widen the options for trade-offs, and we are supportive of them.
Clause 17 inserts into the 2000 Act proposed new section 138(KA), so that where an EP scheme can be varied in accordance with the scheme, a variation can be made under section 138(K) only when the Secretary of State is satisfied of two things: first, that operators have behaved unreasonably or obstructively, and secondly, that the variation or revocation will benefit the users of local services. Again, this is a sensible approach for the Secretary of State to take and we will not object to clause 17.
The Liberal Democrats’ new clause 37 would deal with the variation of EP schemes to improve the integration of public transport. It would mean that a variation to an EP could take place only if it had the effect of improving integration across different modes of transport. Although I understand and applaud the rationale behind the drafting of the new clause, one has to be careful of the unintended consequences, because it would prohibit any change to an EP that did not also improve integration across different modes of transport. Many variations to an enhanced partnership might have multiple benefits for passengers, but might not have the benefit of improving integration across different modes of transport. Under a strict reading of the new clause, such improvements would be prohibited. I know that is not the Liberal Democrats’ intention, but as the new clause is worded that would unfortunately be the effect.
I will not make any comments on new clause 50, other than that, unusually, I support the words of the Minister in that the trade unions already come under the wording of the Bill.
For the reasons I have outlined, I have nothing further to add.
Question put and agreed to.
Clause 15 accordingly ordered to stand part of the Bill.
Clauses 16 and 17 ordered to stand part of the Bill.
Clause 18
Requirements enabling travel by persons with disabilities
Question proposed, That the clause stand part of the Bill.
The clause amends various sections of the Transport Act 2000 to help authorities to better reflect the needs of disabled passengers in the design of enhanced partnership schemes and plans. It provides that an enhanced partnership scheme can specify requirements to enable disabled people to travel independently and in safety and reasonable comfort, including—but not limited to—requirements for the provision of a taxi guarantee scheme.
The clause also requires local transport authorities to consider whether any of the requirements proposed to be included in a new enhanced partnership scheme, or when varying an existing one, will enable disabled people to be able to travel independently and in safety and reasonable comfort. It requires local transport authorities to consult disabled people or organisations that represent them before making an enhanced partnership scheme, to ensure that it is as informed as possible by an understanding of the priorities and needs of disabled people.
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?
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.
I thank hon. Members for their thoughts on the clause. I remind the Committee that the clause was inserted into the Bill because the Government listened intently to concerns in the Lords. The clause will help authorities better reflect the needs of disabled passengers in the design of enhanced partnership schemes and plans. It will enable the specification of requirements of disabled people to travel independently, safely and in reasonable comfort. That extends to when a local transport authority is varying an enhanced partnership scheme. It will help local transport authorities to understand better the impacts on disabled passengers, and fits into how the Government are reforming transport to make it more inclusive, placing the passenger at the heart of everything we do.
The Government are determined to ensure that, as far as possible, local transport authorities take proper account of the needs of disabled people in using local bus services. The clause will support them in that. I have had many meetings with various groups, including disability groups, and I engage widely with the Disabled Persons Transport Advisory Committee—DPTAC—to help and guide us on the Bill. As I said, the clause was a reaction, having listened to concerns in the Lords.
Question put and agreed to.
Clause 18 accordingly ordered to stand part of the Bill.
Clause 19
Objections by operators
Question proposed, That the clause stand part of the Bill.
Clause 19 will introduce a change to the 28-day operator objection mechanism in relation to EP plans and schemes. Under the Transport Act, local transport authorities are required to provide notice and comply with consultation requirements when they create, vary or revoke an EP plan or scheme. Those arrangements allow an operator of a qualifying local service to object to any proposal to create, vary or revoke an EP scheme at several key stages in the process.
The creation, variation or revocation of an EP scheme cannot proceed if a sufficient number of operators object. Where a sufficient number of operators object, the local transport authority has an opportunity to revise its proposals for reconsideration, and then operators have another opportunity to object.
The mechanism for operators to object is critical to enabling bus operators to have a reasonable say about the content and viability of an individual EP plan or scheme. However, in some cases, local transport authorities have been working with operators in advance of issuing notices, so they have an opportunity to work through any potential objections. The current legislation means that local transport authorities are required to wait up to a month for the objection period to lapse in such circumstances.
This clause is sensible. The Minister is right that it will streamline the objection process, so that instead of having to wait for a month to see whether anyone has objected, the affected parties will be able to notify the local transport authority in writing that they have no intention of objecting. The timetable will be shortened as a result.
The approach is multi-layered. The measure relates to the preparation, notice and consultation stage, which is section 138F of the Transport Act; the making of plans and schemes, section 138G; the preparation, notice and consultation for variations, section 138L; and the making of variations, section 138M. This is a common-sense approach to preventing unrequired notice periods from delaying the ability of LTAs to take action.
Clause 19(6)(a) will have the effect that where an LTA issues a notice of an intention to revoke an enhanced partnership plan or scheme, it is no longer required to state the date on which the revocation takes effect under the notice. That will allow the LTA to proceed with the revocation where the relevant operators have also indicated that they do not intend to object under the new arrangements. Again, that is sensible streamlining. I applaud the Government on a good tidying-up exercise.
Question put and agreed to.
Clause 19 accordingly ordered to stand part of the Bill.
Clause 20
Advance notice of requirement to provide information
Question proposed, That the clause stand part of the Bill.
The clause will amend provisions in the Transport Act relating to powers of local transport authorities to obtain information about local bus services in connection with any relevant function, including preparing or varying an EP scheme or plan. Existing powers are set out under section 143B of the Act. They mean that operators may be required to provide information requested by local transport authorities within a “reasonable” timeframe specified by the local transport authority and in a specified format.
If it appears to a local transport authority that a bus operator has failed to take all reasonable steps to provide the information, it must inform the traffic commissioner. There have been occasions when operators have not met the timeframes set by local transport authorities.
To support the Government’s intention to strengthen EPs between local transport authorities and bus operators, the clause will amend section 143B to require LTAs to provide a 14 day-notice period before issuing an official request for information under that section. It clarifies that
“When imposing the requirement the authority or authorities must have regard to any representations made by the operator in response to the notice”.
The clause creates a mechanism through which operators can work with local transport authorities before a statutory request for information is issued under section 143B.
I will be brief. I agree with the explanation given by the Minister. This is a sensible clarification and we have no objections.
Question put and agreed to.
Clause 20 accordingly ordered to stand part of the Bill.
Clause 21
Bus network accessibility plans
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss new clause 23—Reporting on accessibility of bus services—
“(1) Each relevant authority must prepare and publish an annual report assessing the accessibility of bus services within its geographical boundaries.
(2) In this section, ‘relevant authority’ includes—
(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) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
(e) an integrated transport authority for an integrated transport area in England.
(3) When publishing a report under this section, the relevant authority must include a statement indicating whether, in its view, accessibility standards within its geographical boundaries are satisfactory or unsatisfactory.
(4) The report must also include—
(a) an assessment of areas with inadequate accessibility provisions, identifying specific locations and the reasons for accessibility shortcomings;
(b) proposals to improve bus route accessibility, including measures to address shortcomings and timelines for implementation;
(c) an evaluation of the effectiveness of previous accessibility improvements, including data on their impact on disabled passengers and other affected groups;
(d) a review of any barriers preventing the full implementation of accessibility improvements, with recommendations for addressing these barriers including any additional funding or resources required;
(e) evidence of consultation with relevant stakeholders, including organisations representing disabled people, transport providers, and local communities, for the purposes of ensuring that accessibility improvements meet the needs of all passengers.
(5) An authority’s first report under subsection (1) must be published within 12 months of the day on which this Act is passed.
(6) Relevant authorities must ensure reports under this section are made publicly accessible and that copies are submitted to the Secretary of State.”
This new clause would require relevant authorities to publish annual reports on the accessibility standards of bus services in their geographical boundaries, including statements on whether those standards are satisfactory or unsatisfactory.
Clause 21 requires local transport authorities to publish a bus network accessibility plan, describing what provision is made in the authority’s area to enable disabled people to use local services. Those plans will also assess how effectively the provision enables disabled people to use local services
“independently, and in safety and reasonable comfort”
and describe any further action that the authority plans to take to enable disabled people to travel on local services.
The clause specifies that the bus network accessibility plan must be published within one year of the clause coming into force, and subsequently it specifies that it must be reviewed at least every three years, or sooner if substantial changes are made to the local bus network. As it stands, there are no specific obligations for authorities to obtain an understanding of how well local transport networks in their area work for disabled people, or to highlight publicly their approach to network accessibility.
The clause requires local transport authorities to consult disabled people or organisations representing them, as well as operators of local services within their area, when preparing and reviewing bus network accessibility plans. That will help to ensure that authorities review the accessibility of their bus network regularly, including setting out any changes they propose to make, and that disabled people or the organisations representing them will be given a voice when future accessibility interventions are planned.
New clause 23 tabled by the hon. Members for Wimbledon, for North Norfolk and for South Devon (Caroline Voaden) would
“require relevant authorities to publish annual reports on the accessibility standards of bus services in their geographical boundaries, including statements on whether those standards are satisfactory or unsatisfactory.”
The Government are clear that we need to improve accessibility of our transport network, and I support the spirit of the new clause, which is designed to incentivise local authorities to take responsibility for driving up accessibility standards in their areas. However, clause 21 already places a requirement on local transport authorities to publish a bus network accessibility plan, which must include details of the accessibility provision that already exists in their area and an assessment of the extent to which the current provision enables disabled people to travel independently, in safety and reasonable comfort, and must set out future plans to improve accessibility. I therefore believe that the proposed measure is unnecessary and urge the hon. Member for Wimbledon not to press the new clause.
The Minister did a good job of précising the contents of the clause, so I will not repeat that—I know everybody will breathe a big sigh of relief. However, there are some issues; essentially, clause 21 requires a bus network accessibility plan to be created, but it does not then tell us what to do with it. My questions are around the theme of: “So what?” It is all very well to create a plan that just describes the status quo, but there is no requirement to improve. The current effect is to create cost and bureaucratic process with no outcome for passengers.
This is a real problem with both this legislation and legislation more widely: we think process is very important—because we are policy people—so we focus on all the hoops that organisations need to jump through. Too often, however, we forget to take the next step and understand the practical impact of the process on our constituents, in particular those who use buses. There appears to be no positive benefit from the clause as drafted, other than having another document collecting dust on a shelf somewhere.
What is the point of the requirement? It identifies need and describes what the LTA is planning to do about it, but that is it. It feels a bit like virtue signalling without funding, since improvements are expensive, particularly provisions for those with additional needs and disabilities, and do not add significantly to the fare box. What is the practical application of the clause? It applies a significant additional burden on local transport authorities, which have to jump through the hoops that we are creating, but what is the benefit?
New clause 23 in the name of the Liberal Democrats is a different version of the same thing, but I look forward to the explanation and advocacy of it by the hon. Member for Wimbledon. The only difference is that the plan would be annual rather than triennial, which would triple the amount of bureaucracy and cost associated with the provision. The new clause would include proposals to improve bus route accessibility but, again, with no requirement actually to change anything. I know that is not the intention of the hon. Member, but both the clause and the new clause are entirely useless without funding attached. Since no reference to such funding appears anywhere in the Bill, that does beg the question, what is the point of the clause and the new clause?
The driving force here is transparency. It is about having the data and about how local areas ensure, for a whole range of reasons—social, economic and moral—that everyone in their community can access our bus services. I remind Members that the clause 21 was inserted following debate in the other place.
The Government believe that all passengers should be able to travel across the country easily, safely and with dignity. We listened carefully to concerns in the other place and brought forward an amendment to support the Government’s ambition for bus services to become more accessible and inclusive for passengers, and particularly for disabled people.
I will address some of the points raised. First, I have already mentioned that clause 21 places consultation requirements on local transport authorities when developing bus network accessibility plans. It also specifies that these plans must be published within one year of the clause coming into force and reviewed following substantial changes to local bus services, or every three years. For example, if a local transport authority decides to adopt a franchising scheme, my Department would expect it to review the plan.
The clause requires a local authority to describe what action it intends to take to enable persons with disabilities to travel on such services independently and in safety and reasonable comfort—not just to identify the issues. Bus network accessibility plans will enable local authorities to be held to account for appropriately understanding the accessibility of networks and for having a plan to resolve and mitigate those issues.
New clause 23, tabled by the hon. Member for Wimbledon, would place requirements on a wider range of authorities, including those not responsible for bus services. It would be burdensome and duplicative, and likely to result in areas being captured in multiple reports. I confirm that my Department will provide guidance to help local transport authorities to produce proportionate and effective bus network accessibility plans for the benefit of the authority and disabled passengers alike.
Question put and agreed to.
Clause 21 accordingly ordered to stand part of the Bill.
Clause 22
Local government bus companies
I beg to move amendment 51, in clause 22, page 16, line 31, at end insert—
“(4A) In relation to the award of a local service contract by one or more franchising authorities pursuant to a franchising scheme, any contract to be awarded pursuant to that franchising scheme shall not be an exempted contract under the Procurement Act 2023 unless awarded to a local government bus company that is an Exempted Local Government Bus Company and Schedule 2 to the Procurement Act 2023 shall be construed accordingly.
(4B) An Exempted Local Government Bus Company is a local government bus company as defined by subsection (5) and which was in business providing local services on 17 December 2024.
(4C) In section 3 of the Procurement Act 2023 (public contracts), after subsection (6) insert—
‘(7) Section 18 of the Bus Services (No. 2) Act 2025 restricts the circumstances in which local service contracts awarded to a local government bus company are to be regarded as exempted contracts.’”
This amendment ensures that any contract awarded under a franchising scheme by one or more franchising authorities cannot be exempt from the Procurement Act 2023 unless it is awarded to a local government bus company that meets specific criteria - specifically one that was actively providing local services as of December 17 2024, and aligns with the provisions outlined in section 18(5) of the Act.
I will speak to amendment 51 in my name and set it in the context of clause 22. Subsection (1) repeals section 22 of the Bus Services Act 2017, which stated that the relevant authorities listed in that section could not
“in exercise of any of its powers, form a company for the purpose of providing a local service”
in England. Its repeal allows the wide-scale creation of municipal bus companies. That was in the Labour party manifesto, from memory, so I understand why the Government are doing that, and there was also reference in the King’s Speech to encouraging the expansion of the municipal bus company sector. There are currently eight such companies in England and Wales.
It is clearly the Labour party’s ideological position—we should be clear about it—that the state is better placed to run the commercial operations of bus companies than the private sector. That is not about provision, routes, capacity or approach to additional needs; it is the nuts and bolts of how to run a commercial operation—purchasing or leasing, maintaining, training and operating a bus company. Why would a local authority be better at the things that I have just mentioned than a specialist business, the main operation of which is exactly that?
It is a truism that local authorities are not traditionally renowned for their efficiency, and the same could be said of national Government. It is not impossible for them to do a good job—in previous sittings, I have made positive reference to one or two of the existing municipal bus companies that do—and I will not be ideological in the opposite direction, but running commercial operations of this kind is not a natural strength of local authorities. Cost management, customer relations and maintenance and renewal are all natural strengths of the private sector. From my perspective, therefore, this policy change is a very odd decision.
Clause 22 exposes the political approach of Labour, which is more interested in creating the supplier than supporting the passenger. We have seen that theme in clause after clause throughout the Bill. Subsections (2) to (5) create new requirements that mirror existing subsections (1), (2) and (13) of section 74 of the Transport Act 1985, which disqualify directors of existing public transport companies from being members of the local authority that owns the company.
The new requirements will ensure that directors of the new local authority-owned bus companies formed after the repeal of section 22 of the 2017 Act, which I have already referred to, are subject to the same governance requirements. If we are going to do this, that is a sensible safeguard. Subsection (2) provides that a director of a local government bus company who is paid to act in that capacity or is an employee of the company or of a subsidiary is disqualified from being elected or being a member of a relevant authority that controls the company, so there is a degree of separation.
Subsection (6)(b)(ii) disapplies section 73(3)(b) of the 1985 Act, which relates to money borrowed for the purpose of or in connection with a public transport company’s provision of local services. That removes the restriction on existing LABCos in England accessing private borrowing where the money is borrowed for the purpose of or in connection with providing local bus services. I can see why private businesses that have good control of their costs would do that, but allowing additional public sector borrowing by municipal bus companies as well as the very significant commercial risks associated with franchising is another concerning element of the clause.
This is franchising with knobs on. Not only is the local transport authority taking direct commercial responsibility for the provision of services, which has not happened before, it is then, instead of contracting out those services for a fee—which is what franchising is in the majority of cases—going the extra step and being the other side of the charterparty in operating the company to which it is franchising. That is a doubling up of the commercial risk and bets taken by local authorities, and on top of that, they are being allowed to raise debt as part of the operating company. I fear that there may be some trouble ahead as a result of this approach.
What control will be applied to that debt? Who is responsible for the debt on the failure of a LABCo? That is an important question. Does the debt fall with the LABCo or revert to the local authority as the only shareholder? Will it come back to the local transport authority as the ultimate owner? What provisions are in place to protect the public purse? My concern is that this bit has not been properly thought through.
LABCos have an obvious potential conflict of interest. They are owned by the local transport authority, which is the contracting body for the bus services that they supply. Whether true or not, there is a risk of an impression of impropriety if there is not a proper arm’s length approach, so we have to go the extra mile. If we as a Committee decide to support this clause, it is incumbent on us, where we recognise that people will likely think that there is an overly close relationship, to put the safeguards in place now to prevent any indication that that might be the case.
The local authority, as an emanation of the state, should bend over backwards to ensure fair play in the tender process and to ensure that that process is obviously fair—that justice is not just being done, but being seen to be done. It is equally obvious that any contract award process from the local transport authority to a LABCo must be fair.
Coming on to amendment 51, the Procurement Act 2023 sets out a fair process to ensure that no underhand tender activities are being undertaken by a local authority—that is its rationale. Yet although clause 22 takes steps to ensure that directors are at arm’s length from local transport authorities, and cannot be elected members either, it currently does not prevent an exclusion under the Procurement Act for the award of contracts to new—as opposed to existing—LABCo operators. That is a clear lacuna and mistake in the drafting of the clause.
The clause is trying to take account of the transitional processes where there is an existing LABCo—there are eight that we have discussed previously. As it is currently worded, however, it does not prevent local transport authorities from setting up new municipal bus companies. In fact, Labour is encouraging them to do that—or going further than that, as the King’s Speech expressed the desire that there should be many more. Despite that, the clause allows the exclusion of the provisions in the Procurement Act. That cannot be the Government’s intention, or if it is, the Minister needs to tell the Committee that that is the case. That is my first question: is it the Government’s intention to allow the exclusion of the provisions of the Procurement Act in such circumstances—yes or no? If it is, why should those provisions be excluded?
Amendment 51 in my name would fix that oversight. It would ensure that any contract awarded after a franchising scheme by a franchising authority cannot be exempt from the Procurement Act 2023 unless it is awarded to a LABCo that meets the specific criteria that it was already providing services on 17 December 2024. In other words, we accept the transitional need for LABCos that have been operating over the last years, or that are currently operating, to be excluded.
However, any new LABCo should be properly compliant with the Procurement Act 2023. That protects the ability to roll over a transitional contract where the previous provider was a legacy LABCo, and stops the creation of a new loophole that would allow a local transport authority to misuse roll-over clauses to bypass the proper tender process and award to its own bus company.
It cannot be the Government’s intention to allow such an abuse of tendering, so if they will not adopt my amendment, what other effective steps will they take? How will they stand up for fair competition, the taxpayer and the passenger—or is their focus, again, on the supplier?
In my time as a Minister, I have visited a number of municipal bus companies and they have all been absolutely outstanding. That is not just my view; look at the awards they have received in competition with private providers. They are deeply embedded in the local community, and indeed they are seen with some civic pride by the people who effectively own the company—the people of the local area. This is far from being an ideological move by the Labour party; we are removing the ideological ban. We are enabling local areas with the tools that they need to deliver better bus services, whether those services are municipal, through franchising or through enhanced partnership schemes. There is no one-size-fits-all approach.
I asked the Minister a couple of specific questions about debt management, so I would be grateful if he would answer them before moving on. He will, of course, remember that I asked about the provision of debt, the ability of a LABCo to raise debt, and what happens to that debt if the LABCo should fail. Does it return to the local transport authority, as the ultimate owner? Have the Government thought this through?
As I said, any decisions should be underpinned by a rigorous and prudential approach to financing and resources. All local authorities have a duty to manage public money well. Local authorities cannot take on any borrowing unless it is affordable. That is a statutory requirement, and any local authority-owned bus company should be self-financing, as a minimum. Repealing the ban on establishing new local authority bus companies will give local leaders the freedom and flexibility to scale a bus company to match the needs of their passengers, the aims and ambitions they have for the network, and the available funding.
The Minister was looking at his officials. I do not want to put him on the spot—obviously, I do, but not really—if this is a question to which he does not immediately know the answer. If he will write to me, through his officials, with that answer, or clarify it later in the sitting, I would be grateful.
I will absolutely ensure that the hon. Member receives a full response and gets the reassurances that he seeks.
Amendment 51, moved by the hon. Member, seeks to prevent new LABCos from being able to directly award franchising contracts under what is known as the Teckal exemption in the Procurement Act 2023. Clause 22 will help to support public ownership, where desired, by repealing the ban on establishing new LABCos. Local authorities can consider a range of options for structuring a new bus company. One such option could be the establishment of a new LABCo as a Teckal company.
I understand hon. Members’ concerns about Teckal, and it is important to address them, but to do so we must understand what the exemption is and how it is likely to work in practice. Teckel is part of a much wider landscape of public procurement law, and it has been available to local authorities for the provision of services for some time. Use of the Teckal exemption is a complex undertaking that needs to be followed with care, given that it allows contracts outside the usual controls imposed by the public procurement regime.
Specific and rigorous tests are required to use the Teckal exemption. In addition, the development of any franchising scheme, including for a Teckal LABCo, is subject to checks and balances, as set out in legislation. That includes a thorough assessment of the plan, independent assurance and public consultation. Local authorities must be careful to ensure that companies are within the Teckal parameters if they pursue this option. Any local authority looking at Teckal would need to consider very carefully whether it was appropriate for their local context.
Existing precedent for Teckal LABCos in the UK, although limited, suggests that Teckal is largely used in scenarios where private operators are not interested in operating a service, or where they fail—for example, a Teckal award to an operator of last resort. Teckal is open to all public bodies that own any type of commercial company. Removing it as an option only for new LABCos would be an unusual departure from the status quo for existing procurement legislation. As it stands, there does not appear to be any compelling reason to single out new LABCos as the only type of public company that cannot use Teckal. My officials will publish guidance on LABCos once the Bill has come into force, and that will cover use of the Teckal exemption. We will work very closely with stakeholders when developing and drafting the guidance. That will help to ensure that the exemption is used only where the local transport authority believes it will genuinely improve bus services for local passengers in the area.
I turn now to Government amendment 17, which makes changes to clause 22. It will remove Wales from the scope of subsection (6)(b)(i), which inserts new subsection (5)(c) into section 73 of the Transport Act 1985. The amendment has been tabled to ensure that the public transport companies in Cardiff and Newport are not captured by the clause. Subsection (6)(b)(i) clarifies that there are no geographical restrictions on the operations of existing local authority bus companies in England. The amendment ensures that the subsection will only apply in England. It has been agreed with the Welsh Government and is intended to ensure consistency with the Welsh Government’s policy objectives to promote bus franchising. Clause 22 repeals the ban on the creation of new local authority bus companies, formerly referred to as municipals. The clause also clarifies that there are no geographical restrictions, as I mentioned, and I already touched on it being a local decision.
New clause 39, which was tabled by my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald), would require the Secretary of State, within six months of the Bill receiving Royal Assent, to conduct an assessment of the potential and efficacy of LABCo service provision compared to private sector operators. I feel it is necessary to reiterate a key point about many of the measures in the Bill: it gives local authorities the choice to decide how best to operate local bus services for their communities. It does not mandate that they establish a particular bus operating model. The number and type of LABCos set up will therefore depend on local decision making and the available resources in each context. Local authorities already set out their objectives in bus service improvement plans and wider local transport policies in local transport plans. For those considering establishing a LABCo, the enhanced partnership variance process or franchising scheme assessment provides a robust way to assess the evidence for choosing one operating model over another.
I am not persuaded by the Minister’s arguments, valiant though they were. I therefore intend to press the amendment to a vote.
Question put, That the amendment be made.
We welcome the powers in clause 23, which enables local transport authorities to design and deliver grants directly to bus operators in their areas. It is a clear step in the right direction, placing real tools in the hands of local authorities, which know their communities best and are best placed to shape the services that their residents rely on.
Amendment 56 builds on that principle. It would ensure that, when designing grant schemes, local authorities must consider the size of transport operators. Too often, smaller bus companies, many of them deeply embedded in the communities they serve, struggle to compete on an uneven playing field, especially when it comes to accessing capital for improvements or expansion. Our amendment recognises the vital role that those smaller operators play.
By requiring authorities to take those smaller operators’ circumstances into account and, where appropriate, prioritise them in their grant making, we would help to protect local choice, preserve vital routes and foster healthy competition in the sector. In short, this is a modest but meaningful measure to ensure that smaller operators are not squeezed out, and that communities continue to benefit from diverse, responsive and locally rooted bus services. We therefore support amendment 56 and the clause standing part of the Bill.
The Government recognise the importance of small and medium-sized enterprises in driving economic growth. The hon. Members for Wimbledon, for North Norfolk and for South Devon clearly recognise that, too, given the amendment that they have tabled. This Bill aims to support our economic growth mission by giving local transport authorities greater freedom to decide how best to support their local networks.
Amendment 56 is intended to ensure that local transport authorities that choose to use the new powers to design and pay grants to bus operators consider the needs of small operators when designing those grants. The amendment is not needed, however. Clause 23 would do nothing to restrict local transport authorities from choosing to provide greater support to local small bus operators when designing their own grants, provided that those grants comply with competition and subsidy rules. Local transport authorities are already well placed to understand the needs of their small operators, because most are already part of enhanced partnership arrangements with operators in their areas. It will be for local transport authorities to decide the best way to support their local bus networks as a whole.
Finally, local transport authorities, as public authorities disbursing funding, will need to be mindful of the fact that any grants that they design using the powers under the Bill must comply with any relevant legal requirements, such as subsidy controls that ensure they are not distorting the local or national market. I therefore ask that the hon. Member for Wimbledon withdraw the amendment.
I beg to move amendment 18, in clause 24, page 20, line 41, after “1985” insert
“, in connection with a local service which has one or more stopping places in England,”.
This amendment limits clause [24](4) to local services which have one or more stopping places in England.
With this it will be convenient to discuss the following:
Government amendment 19.
Clause stand part.
Amendment 28, in clause 25, page 21, line 24, after “equipment,” insert
“including accessibility and the provision of wheelchair spaces,”.
This amendment would add accessibility information to the list of information which is to be provided to users of local bus services.
Clauses 25 and 26 stand part.
Government amendments 18 and 19 will have the effect of removing services operating in Wales from the scope of clause 24(4). Amendment 18 will mean that only services that have stopping places in England will be captured. Amendment 19 will mean that, in relation to a cross-border bus service, no information will be captured about any part of that service operating outside England. The changes are necessary because bus registration is a devolved matter.
Clause 24 will give the Secretary of State new powers in respect of the provision of information on the registration, variation and cancellation of bus services from operators and local transport authorities. It will enable information about local bus services to flow to, and be shared between, the traffic commissioner and the Secretary of State. The traffic commissioner will retain overall responsibility for registering local bus services and the Secretary of State will host and administer the new database, which will bring all the information streams together.
Useful information will be available online, including on who operates the route, where services go and any changes or cancellations to services. By bringing that all online, we will modernise the information provision and make it more transparent for passengers. The technical detail will be set out in regulations made under the new powers in the Bill.
I thank the hon. Member for Brighton Pavilion for tabling amendment 28, which would add
“accessibility and the provision of wheelchair spaces”
as a specific category of data that the Secretary of State may require from bus operators. I agree that open, transparent information about the accessibility specifications of buses should be available to the public, which is why I am pleased to confirm that we were already intending to use the powers in the clause to request the very same information.
Clause 25 works with clause 24 to enhance oversight, promote data-driven decision making and ensure greater transparency of local bus services. It paves the way to require franchising authorities, which do not have to register services with the traffic commissioners, to provide data about their services to the Secretary of State in order to enable the functioning of the aforementioned database. The clause also adds new categories of data that the Secretary of State may collect about local services and the vehicles used to operate them, and will assist with the monitoring and performance of local services and operators.
Clause 26 works in tandem with clauses 24 and 25 to support greater public transparency and thus accountability over local bus services. It will enable the Department to publish historical data down to the operator level by removing some of the existing restrictions on doing so. That will provide passengers with a baseline from which they can assess the performance of current bus services.
Although the existing data provides a good overview of bus services on the whole, having visibility of the business and operations of a specific identifiable operator will ensure that passengers have trust in their local service and confidence that, if they choose to take the bus, it will meet their needs. Clause 26 achieves that by amending the Statistics of Trade Act 1947 to enable the publication of existing operator-level bus data. It states that the Secretary of State must give notice to the industry prior to the publication of such data.
Section 9 of the 1947 Act sets out rules governing the disclosure and publication of information collected under the Act. In particular, it requires the consent of individual undertakings before information identifying them can be published. Disapplying the requirements in section 9 will allow the Department to publish operator-level information collected during the qualifying period, even in cases where written consent cannot reasonably be obtained from a large number of the individual operators concerned. These provisions will enable the timely and transparent publication of operator-level bus data, improving access to information while maintaining appropriate safeguards.
We have struggled with some clauses in the Bill, but clause 24 is perhaps the most opaque of all the clauses we have been asked to consider. It takes quite a while to go through all the references to work out what the clause actually means, but once that is done, it becomes clear that it is in fact a tidy-up exercise of the requirement for the registration of local services to the traffic commissioner. It maintains equivalent obligations in Wales as apply to England and ensures that the Transport Act 1985 is read through the lens of subsequent data protections.
The clause also retains the existing power of a traffic commissioner to refuse registration of a scheme if they believe that the applicant has not given them such information as they may reasonably require in connection with the application. The manner and type of such communication will be set out by the Secretary of State in regulations—okay.
The one area that I have some concerns about is clause 24(4), which deals with powers conferred on the Secretary of State, as it appears to go much further than the reasons given in the explanatory notes for why subsection (4) is necessary. I will read a short paragraph from the explanatory notes:
“Subsection (4) enables Traffic Commissioners to share existing registration information with the Secretary of State. It also ensures Traffic Commissioners can provide information about ongoing applications for the registration, variation or cancellation of services received before this clause comes into force”.
That is the rationale behind subsection (4), but its wording gives unfettered power to the Secretary of State to use any information, provided for any purpose, without restriction. The subsection states:
“in which case the information is provided without restrictions on its disclosure or use”.
Why do I care about this, and why is it potentially important? It is simply because the information about a scheme could be deeply commercially sensitive. Not every bus company is a LABCo; there are private sector operators in competition with one another. The commissioner can reasonably require full details of how an operation will be undertaken, including its financial elements. The current drafting of subsection (4) allows the Secretary of State to disclose that deeply commercially sensitive information. Operators are required to give that information to the traffic commissioner—without it, the commissioner could refuse to grant an application—and the Secretary of State then gets their hands on it and can do whatever they want with it, without restriction on its disclosure or use. I highlight that point to Minister and, through him, to officials. Why should the Secretary of State have such a wide-ranging power? It is not necessary for the purposes of the Bill, as set out in the explanatory notes, and it just seems to have slipped through the gap. Can the Minister please explain why?
Government amendment 18 makes a technical correction and I have no objection to it. I will also skip over Government amendment 19, in the interest of speed, for the benefit of the Government Whip.
Clause 25 amends section 141A of the Transport Act 2000 to allow the Secretary of State to make regulations that require franchising authorities to provide data about services, akin to registration information, which we have just talked about. The clause also allows the Secretary of State to make regulations authorising the collection and publication of additional categories of information.
The intention of clause 25 is to obtain a better understanding of the nature of the services that are currently being provided, who is providing them and how they are doing so, including an understanding of the vehicles used, the number of staff engaged and the cost. I am developing a bit of theme here, but so what? What will the Government do with this information? Why is it useful? In itself, it does not change behaviour. I am not against the collation of the information, so long as it used to good effect, so I would be grateful for the Minister’s explanation of how he intends to use it.
Clause 26 deals with information obtained under the Statistics of Trade Act 1947, which gives powers to competent authorities to require organisations to provide data, for economic forecasting, in essence—the kind of data that is used by the Government Statistical Service. Section 9 of the 1947 Act prevents the disclosure of such information that identifies an individual undertaking without the prior written consent of the provider of the information.
That is obviously very sensible. The Government want to find out what is happening in the economy to inform their policies, so under the 1947 Act they gave themselves power to require businesses to provide interesting information about their operations. As an aside, I used to run a business, which was asked for information by the Bank of England on a quarterly or perhaps six-monthly basis so that it could get a feeling for what was happening in the economy. It did not want the Westminster bubble or the square mile bubble; it looked at the real, lived experience of businesses. Those businesses provide useful data, which informs interest rate decisions and Government policy. But the last thing a businessman wants is for that information to be sent out into the public realm with their name attached to it. If they said, “Oh, isn’t it terrible? Orders have gone through the floor and we’re planning to lay a whole load of people off,” they would not want that information to be in the public domain; they provide it in confidence.
From what I have heard from Committee members, we share the goal of improving bus services for passengers. These clauses are a direct response to a problem with how information on bus services is captured. I believe that solving it is critical to delivering better bus services.
Before I address the shadow Minister’s specific points, let me say that the Government have made transparency and open data a key priority. As I set out in detail in my Department’s transport data strategy, transparency fosters accountability, drives improvements in public services by informing choice, and stimulates innovation and growth. It is simply unacceptable that a passenger is unable to consult a single source of information to get a full picture of the services available in their local area and beyond. That is a result of different ways that service registration has been delegated across the country and the fact that there are multiple bus data streams, including the Bus Open Data Service. In fact, many bus registration processes are still completed using paper applications. That is simply inefficient.
Bringing multiple sources of information together in one place will really help to improve the situation for passengers. The Bill will not change who must register a bus service; it will provide a power to change from paper to electronic the means by which a service must be registered with the traffic commissioner.
The shadow Minister expressed concerns about the implications of the measures for bus operators. My noble Friend the Rail Minister addressed that in the other place, saying that we will be mindful of the commercial sensitivity concerns, and I reiterate that commitment. Having greater visibility of individual bus operators will increase accountability and help to build passengers’ trust, in turn giving them confidence to take the bus.
Amendment 18 agreed to.
Amendment made: 19, in clause 24, page 20, line 43, at end insert—
“(4A) Where a local service is provided both inside and outside England, subsection (4) does not authorise the provision of information which relates to any part of the service which is provided outside England.”—(Simon Lightwood.)
This amendment provides that a traffic commissioner may not provide to the Secretary of State information about cross-border services which relates to any part of the service provided outside England.
Clause 24, as amended, ordered to stand part of the Bill.
Clauses 25 and 26 ordered to stand part of the Bill.
Clause 27
Powers of inspectors
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss the following:
Amendment 67, in clause 28, page 24, line 37, after “nuisance” insert—
“, including sustained anti-social auditory disturbance.”
This amendment would allow local transport authorities to prohibit disruptive anti-social forms of noise such as from telephones through byelaws.
Clauses 28 and 29 stand part.
The clause supports bus franchising authorities and local transport authorities to deal effectively with fare evasion. That is achieved through amendments to the definition of “inspector” in the Public Passenger Vehicles Act 1981, to allow local transport authorities and Transport for London to appoint their own transport safety officers, or transport support and enforcement officers, as inspectors, alongside the existing ability for bus operators to do so. That will support the safety of all passengers and enable local authority officers to have the same powers as those who are employed or authorised by a bus operator, ultimately enabling the local transport authority to prevent fare evasion.
On amendment 67 tabled by the hon. Members for Wimbledon and for South Devon, I understand what they are seeking to achieve. The Government are committed to tackling antisocial behaviour, including “headphone dodging” on buses. Clause 28 gives local transport authorities powers to make byelaws on their buses, providing them with scope to tackle a broad range of antisocial behaviours. That could include making byelaws to tackle disruptive forms of behaviour.
The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 set out the behaviour expected of drivers and passengers travelling on buses. They provide powers for drivers, inspectors and conductors, or the police, to remove a person from a vehicle if they
“play or operate any musical instrument or sound reproducing equipment to the annoyance of any person on the vehicle or in a manner which is likely to cause annoyance”.
Breach of the rules carries a possible fine of up to £1,000 on conviction. As such, amendment 67 is not necessary, and I ask that the hon. Member for Wimbledon does not press it to a vote.
Clause 28 enables local transport authorities to introduce byelaws to tackle antisocial behaviour on vehicles, as well as within and at bus-related infrastructure, such as bus stations. The clause was developed to address the current situation, in which there are no specific powers available to local transport authorities to make byelaws to deal with antisocial behaviour on their bus networks.
(1 week, 4 days ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is of course a pleasure to see you in the Chair, Ms Butler. I congratulate the hon. Member for Wokingham (Clive Jones) on raising this issue.
The Department is keen to provide the significant improvements to the passenger experience and capacity that travellers on the South Western Railway network deserve, and we are working with SWR to ensure the continued roll-out of the 701 Arterio trains as soon as possible. The Government are determined to turn this situation around, but we inherited, frankly, an abject mess from the previous train operating company, which, over six years, failed to get the new fleet of trains into service.
SWR entered into the class 701 rolling stock lease contracts with Alstom in 2017, and the new class 701 fleet was due to be delivered between 2019 and 2021. The delays were initially caused by manufacturing and software issues, and later by the operator seeking to agree a safe plan for driver training and platform infrastructure readiness. Prior to transfer to public ownership, the Secretary of State invited FirstGroup and MTR, the then owning groups of SWR, to an urgent meeting to discuss the issues affecting the 701’s introduction, their plans to resolve the issues, the robustness of the roll-out plan and the factors that led to such a material delay in the introduction of the fleet. At the time, officials requested an urgent plan for SWR to resolve the issues, and held SWR to account for those plans to introduce further units as soon as possible.
SWR successfully transferred into public ownership on 25 May under the leadership of the new managing director, Lawrence Bowman. This was a watershed moment in our work to return the railways to the service of passengers. Mr Bowman has written to the hon. Member for Wokingham offering a meeting, and would welcome the opportunity to expand on his emerging plans and to hear the hon. Member’s concerns.
Will the Minister and the Government agree that it is vital to try to get more electric trains across the south-west? After meeting with the railways, I know they are concerned that they will find it hard to replace the diesel stock with electric stock down in Somerset. Can we urge them to push and look at getting more investment into electric trains?
I am sure that the Rail Minister will have heard that comment.
The new managing director of the publicly owned SWR has been tasked with producing a plan to introduce the 701 fleet as quickly as possible. The delays to its introduction have happened under what I would say is a flawed franchising system, not under public ownership. While there have been significant delays as a result of manufacturing and software issues, those long-standing issues are not related to public ownership.
Out of a total of 90 units, 11 are now running daily in passenger service, and the 12th service will be introduced in the week commencing 7 July. A total of 181 drivers have also been trained. Positively, since day one of public ownership, four further 701s have been brought into passenger service. That compares to only one additional unit being introduced in the six months prior to the transfer. Passengers on the Waterloo to Reading line should hope to see class 701s gradually entering service shortly.
The 701 fleet will significantly improve performance by reducing cancellations and short formations. Other benefits of the new fleet include a 50% increased capacity compared with the 455 fleet; accessible toilets—the hon. Member for Yeovil (Adam Dance) quite rightly referenced accessibility—air conditioning, something that we can all appreciate today; charging points at every seat; real-time information screens; onboard wi-fi and walk-through carriages. Customer feedback on the 701s has been positive, with people welcoming improved on-train information screens—a 21% improved score—and a 22% improved score on cleanliness compared with the current 455 fleet in use.
The Government are pushing ahead with an ambitious programme of transfers into public ownership. Three operators’ services will have transferred by the end of 2025, at which point seven of the 14 operators for which the DFT is responsible will be publicly owned, and we expect all currently franchised services to have transferred by the end of 2027.
This Government’s bold vision for railways will see a unified and simplified rail system that relentlessly focuses on improved services for passengers and freight customers, and better value for money for taxpayers, ending years of fragmentation and waste. The Government will put passengers back at the heart of our railways and introduce new measures to protect their interests. That includes paving the way for a powerful new passenger watchdog, which will give passengers an independent voice and hold train operators to account.
The railways Bill will enable the biggest overhaul of the rail sector in a generation. It will streamline the current fragmented system by establishing Great British Railways—GBR—as a new directing mind for the industry, unifying track and train under a single public body to deliver better services for passengers and customers and, crucially, better value for money for taxpayers.
The Bill will also ensure that the benefits of a streamlined, integrated network are felt right across communities at a local level by establishing a new statutory role in governing, managing, planning and developing the rail network for devolved Governments and mayors. That means that local communities will be at the heart of decision making, ensuring that the railways work to meet their needs, connecting them to jobs and opportunities across the country.
I thank the hon. Member for Wokingham once again for securing this debate, and the hon. Member for Yeovil for attending in support.
Question put and agreed to.
(2 weeks, 2 days ago)
Public Bill CommitteesI remind the Committee that with this we are discussing the following:
Amendment 47, in clause 7, page 3, line 26, leave out “may” and insert “must”.
Amendment 48, in clause 7, page 3, line 27, leave out from “there” to end of line 34 and insert—
“is a benefit to persons making journeys on the proposed service.”
Amendment 49, in clause 7, page 3, line 36, leave out “may” and insert “must”.
Amendment 50, in clause 7, page 3, line 37, leave out from “that” to “will” and insert—
“the proposed service has benefits to the economy of the area to which the scheme relates, or to persons living in that area,”.
Government amendments 4 and 5.
Clause stand part.
Clauses 8 and 9 stand part.
It is a pleasure to serve with you in the Chair, Sir Desmond.
The Bill recognises that commercial operators can play a key role in providing commercial services that complement franchising schemes and add value to the overall bus offer for local transport users. That includes cross-boundary services, which provide crucial links between communities. That is why we are legislating to introduce new tests that franchising authorities can use in determining whether to grant service permits. The tests allow authorities to consider a much wider range of benefits that services proposed by commercial operators could provide. The new tests will also allow authorities to tolerate some adverse effects to franchised services if they are outweighed by the benefits. Overall, franchising authorities will have greater scope to grant service permits and harness the additionality of the market in delivering great bus networks.
The amendments tabled by the hon. Member for Broadland and Fakenham would, however, undo many of the improvements we are making, and undermine the service permit regime as well as local transport authorities’ ability to franchise. The amendments would largely remove franchising authorities’ ability to even consider whether a commercial service would have an adverse effect on franchised services, while compelling them to grant service permits in the vast majority of cases. In practice, that would mean that commercial services could compete directly with franchised services, undermining the service finances and goals, and ultimately making franchising unworkable.
In direct response to the hon. Member’s comments, the Bill gives greater scope for authorities to grant these additional services. However, as he acknowledged, it cannot be a free-for-all, which is what the amendment would in effect cause. We understand that in Greater Manchester the vast majority of service permits have been granted under the existing test, and the Bill’s measure will allow franchising authorities even more flexibility to grant service permits with applications from operators or in the interest of passengers and local people.
Addressing the claim of the hon. Member for Isle of Wight East that franchising is unattractive to smaller rural local transport authorities, the Bill aims to give local leaders greater flexibility to determine how best to plan and deliver bus services to meet the needs of local transport users. There is no one-size-fits-all approach. Consideration has been given to rural modes of franchising, and there are plans to pilot models better suited to rural areas, as I have touched on in the past.
While it is for local transport authorities to decide the best option to manage their services, franchising can be an attractive option in a rural setting. It can be used to support a fully integrated network, combining core franchise routes with commercial services operating under a service permit awarded by the authority, ensuring strong branch connections to main corridors.
I am going to try and make some progress. We have spent a significant amount of time on this.
The hon. Member for Broadland and Fakenham once again raised Manchester’s experience with bus franchising. He again quoted figures on the cost of franchising in Manchester. On the first day of the Committee I explained that the figures referred to the level of investment being made to improve Greater Manchester’s bus network. The adoption of franchising in Greater Manchester has resulted in little additional cost, and evidence to date shows that the model is more efficient and effective at delivering value for money.
Another franchising model in Jersey encourages both operators and local transport authorities to reinvest into the bus network. The operator keeps fare revenue, and profits that go over a certain set limit are shared between the LTA and the operator. Money is then reinvested by the LTA to improve services. The model adds flexibility and actually supports innovation and draws on the experience of the operator. This model has been tested in other areas through our franchising pilot programme.
The Bill makes some limited changes to the role of traffic commissioners in England, including changing the default position for the registration of services operating under the service permits within a franchised area. The traffic commissioner will also have powers to act against operators who breach the Bill’s mandatory training requirements; we will come on to that later in the Committee’s debates.
The presence of traffic commissioners across the regions and countries of Great Britain means that they are well placed to make decisions about the operation of bus services in different places. The responsibility of traffic commissioners extends beyond buses. To mention just a couple, it includes the licensing of operators of heavy goods vehicles and other service vehicles, and the granting of vocational licences. These responsibilities clearly extend beyond the Bill’s purpose; this Bill is not the place for a wider debate on the role of traffic commissioners.
I reiterate that passengers are at the very centre of this Government’s bus reform agenda. This is about delivering better buses, and people taking the bus more because they offer better connections and are reliable, safe, affordable and integrated into the transport network. Given that, I would ask the hon. Member for Broadland and Fakenham not to press his amendments.
Government amendments 4 and 5, tabled in my name, are intended to provide clarity on the type of services considered “cross-boundary” under clause 7. This means that any service that has at least one stop in an area with a franchising scheme, and at least one stop outside of the franchised area, will be considered a cross-boundary service. This change is logical, simplifies matters for franchising authorities and operators, and will ensure that the benefits of cross-boundary services to multiple communities can be considered, regardless of where the service starts and ends.
Clause 7 gives local authorities greater flexibility in how they access service permit applications from operators. These permits allow bus operators to run services into, or within, a franchised area on a commercial basis, rather than as a franchised service. The Bill introduces new tests that local authorities can use when deciding whether to approve a service permit. These tests allow them to consider a wider range of factors, such as whether the proposed service would benefit passengers outside the franchised area in the case of cross-boundary services.
It is important that franchising authorities are able to benefit from the opportunities that the commercial sector can provide in franchising areas, including for cross-border services, which are those serving a franchising area and nearby areas. These services are important, as the bus journeys that passengers want to make are not necessarily defined by scheme boundaries. This measure aims to give franchising authorities greater flexibility to provide better overall outcomes for passengers.
Clause 8 reapplies the requirement for bus services operating under a service permit in a franchised area to register their routes and timetables with the traffic commissioner. For cross-boundary services, the section of the route outside the franchised area already needs to be registered. The Bill clarifies that the part inside the franchised area also needs to be registered. This keeps the requirements consistent and easier for bus operators to follow.
In addition to the registration requirements, cross-boundary services and any services operated, under permit, wholly within the franchised area, such as sightseeing tours, must also still comply with the conditions of their service permit. This lets franchising authorities maintain control through existing regulations. However, the Bill also gives franchising authorities the power to exempt certain services from registration inside the franchised area if they would prefer to manage them solely through the service permit. Overall, these changes provide clearer rules for operators and authorities, and greater flexibility for authorities, helping to improve service delivery for passengers.
Clause 9 automatically exempts temporary rail and tram replacement services from the requirement to obtain a service permit when operating within a franchised area. As I am sure Members will understand, these services often need to be introduced quickly and to adapt to changing circumstances, so flexibility is essential. By removing the permit requirement, this measure reduces administrative burdens and saves both operators and franchising authorities the time and costs associated with applying for and issuing permits.
It is jolly nice to see you in the Chair, Sir Desmond. As I spoke to the amendment before lunch, it falls to me now only to press it to a vote.
Question put, That the amendment be made.
I will start with amendment 57, tabled by the hon. Members for Wimbledon and for North Norfolk, which would require the Secretary of State to assess the adequacy of central Government funding to support the provision of bus services under franchised schemes. Under the Transport Act 2000, franchising authorities are already required to undertake a rigorous assessment to determine whether bus franchising is feasible, affordable, and deliverable in their area. The franchising assessment and the independent assurance report must then be published alongside the franchising consultation, ensuring transparency regarding the local transport authority’s decision. That comprehensive planning and assurance process significantly reduces the likelihood of needing central Government oversight and intervention, making the amendment unnecessary.
The hon. Member for Wimbledon asked for an update on my Department’s engagement with relevant stakeholders to identify approved persons. Bodies in the accountancy sector could include the Chartered Institute of Public Finance and Accountancy, the Association of Chartered Certified Accountants and the Chartered Institute of Management Accountants. To identify who else may qualify as an approved person, the Department intends to hold discussions with other stakeholders, including the Chartered Institute of Logistics and Transport, the Chartered Institution of Highways and Transportation and industry bodies such as the Confederation of Passenger Transport.
My Department will also look at whether those with senior and extensive experience in either the bus sector or local government could provide assurance. Guidance will be provided to franchising authorities, setting out considerations to be taken into account when selecting an independent approved person. The reason why the clause is subject to future regulations is that qualifications will change over time, so it is right to have the flexibility to respond to those changes.
The core principle underpinning the Bill is that decisions should be made at the most appropriate level, specifically by devolving to local transport authorities the power to manage bus services within their area. The amendment would undermine the intention of the Bill. For those reasons, I hope that the hon. Member for Wimbledon will withdraw it.
Amendment 59, also tabled by the hon. Members for Wimbledon and for North Norfolk, is a probing amendment on whether the Secretary of State intends to issue the criteria for the approved person role within three months of Royal Assent. The Department intends to introduce secondary legislation defining “approved person” alongside updated bus franchising guidance to facilitate implementation of the new measures. That work cannot be completed within three months of Royal Assent, as it requires thorough engagement with the sector and the progression of a statutory instrument. The existing legislation will remain in force until secondary legislation is delivered; I hope that gives some reassurance. The Bill gives franchising authorities significant flexibility to specify services in ways that are tuned to the needs of local bus users. More detail on how franchising authorities can use that flexibility will be set out in guidance.
The purpose of clause 10 is to broaden the pool of persons able to conduct assurance reports of proposed franchising schemes. Under current legislation, authorities that have developed an assessment of a proposed franchising scheme must obtain an independent assurance report that looks at whether the assessment has been developed with robust financial and economic information and whether the analysis is sufficient. However, the requirement that the report be conducted by an “auditor” has meant that very few people are willing and able to carry out that assurance.
The clause seeks to remove the bottleneck and make the franchising process quicker and less costly and, by enabling expertise to be brought in from the wider industry, increase the quality of the independent review. It will also give a franchising authority more flexibility to decide when to appoint an independent assessor, allowing the assessor to provide informal feedback to the authority much earlier in the assessment process, potentially saving both time and money. The Department intends to set out further qualifications and experience in secondary legislation, which will enable a greater number of professionals to undertake assurance and remove the bottleneck that currently exists.
Clause 11 requires franchising authorities to consult disabled bus users, prospective users or representative organisations before making a franchising scheme.
I am really heartened by clause 11 and I welcome it. I am sure the Minister agrees that consulting people who live with disabilities is vital for any future public transport service. Even with the best of intent, one cannot plan accessible services without understanding the lived experience of disabled users and the associated infrastructure.
I completely agree.
The clause is intended to ensure that local transport authorities understand the perspective of disabled people and make franchising schemes that are better informed by the priorities of disabled passengers and take account of their needs more effectively. The clause sits alongside the schedule, which will introduce similar consultation requirements when authorities vary existing franchising schemes.
Government new clause 4 first corrects an issue in the Transport Act 2000. The Act currently states that when preparing a franchising assessment, authorities must consider the local transport plans of any neighbouring Scottish councils, which is unnecessary because Scottish councils do not have local transport plans. The new clause addresses the matter, while maintaining a requirement for franchising authorities to consider bus-related policies adopted by councils in Scotland. It will also require franchising authorities to consider whether a proposed franchising scheme would support the implementation of bus-related policies adopted by neighbouring Scottish transport partnerships, and require franchising authorities to consult Welsh Ministers and Scottish transport partnerships, where appropriate, as part of a consultation on establishing a franchising scheme. Finally, the new clause makes a technical change to define the term “council in Scotland” for the purposes of part 2 of the Transport Act 2000.
With this it will be convenient to discuss the following:
Government amendments 7 to 16.
The schedule.
Clause 12, alongside the schedule to the Bill, sets out new, bespoke variation procedures for authorities to follow when they wish to make changes to a franchising scheme. The procedures are clear and simple, to address the difficulties that franchising authorities have faced in interpreting existing legislation. They are also streamlined to enable franchising authorities to make minor changes in a more nimble way, balancing appropriate levels of consultation and transparency. This measure will reduce costs and timescales for franchising authorities in meeting the needs of local bus users.
Government amendments 7 to 10 to the schedule relate to the procedure for varying franchising schemes. Amendments 7 to 9 would have the effect of confirming that the requirements to consider the local transport plans of neighbouring authorities apply only where an authority is required to have such a plan. Scottish authorities are not required to have local transport plans. The amendments, however, clarify that a franchising authority must consider whether expanding the area of their franchising scheme would support the implementation of any other bus-related plans and policies adopted by Scottish councils. Amendment 10 will ensure that franchising authorities consider Scottish transport partnerships’ transport policies when assessing a variation to a franchising scheme, where relevant.
Government amendments 11 to 16 also amend the schedule and will require franchising authorities to consult with Welsh Ministers and Scottish transport partnerships before varying a franchising scheme that would affect them. In the case of Wales, that is in addition to the requirement already in the Bill for Welsh local transport authorities to be consulted, where relevant. It is also appropriate to consult Welsh Ministers in the light of the Welsh Government’s Bus Services (Wales) Bill, which is before the Senedd. The amendments future-proof the Bill, given the Welsh Government’s ambitions to franchise their entire bus network.
The schedule sets out the detailed procedures for varying an existing franchising scheme. There are separate procedures for variations to extend the geographical area of a scheme, reduce the area of a scheme, and other types of variation. There are three parts to the schedule, setting out the specifics of the different procedures, depending on whether a variation is expanding or reducing a scheme.
Clause 12 amends the Transport Act 2000 to set out the new process for varying a franchise scheme. In particular, subsection (2)(b) removes the minimum notice period of six months before a variation can come into effect. I will not seek to divide the Committee on this, but what assessment has been undertaken of the impact of a reduced notification period on service providers? What confidence can the Minister give current service providers that the impact will be minimised? What was the original rationale for the six-month delay, and what has changed to remove the need?
Government amendments 7 to 10 are sensible clarifications to ensure that the requirement to consider policies under section 108(1)(a) of the Transport Act applies only where such policies are mandatory. I fully agree with them. Government amendments 11 to 16 tidy up the requirement for consultation with the devolved Administrations in Wales and Scotland, where a proposed franchising scheme under amendments 11 and 12, or a variation of an existing scheme under amendments 13 to 16, would affect the devolved area. Again, that is a sensible clarification that needs no further elaboration.
I have already explained our position.
Question put and agreed to.
Clause 12 accordingly ordered to stand part of the Bill.
Schedule
Procedure for varying franchising scheme
Amendments made: 7, in the schedule, page 44, line 29, leave out
“by neighbouring relevant local authorities of”.
This amendment, together with Amendment 8 and Amendment 9, ensures that the requirement to consider policies under section 108(1)(a) of the Transport Act 2000 applies only where authorities are required to have such policies.
Amendment 8, in the schedule, page 44, line 30, before “those” insert
“by neighbouring local transport authorities of”.
See the statement for Amendment 7.
Amendment 9, in the schedule, page 44, line 31, before “other” insert
“by neighbouring relevant local authorities of”.
See the statement for Amendment 7.
Amendment 10, in the schedule, page 45, line 14, at end insert—
“(ba) a Transport Partnership created under the Transport (Scotland) Act 2005,”.
This amendment requires a franchising authority to consider the policies of a neighbouring Scottish Transport Partnership when assessing a proposed variation of a franchising scheme.
Amendment 11, in the schedule, page 46, line 39, at end insert—
“(ea) the Welsh Ministers if, in the opinion of the authority or authorities, any part of Wales would be affected by the proposed variation,”.
This amendment requires consultation with the Welsh Ministers before a franchising authority varies a franchising scheme where the variation would affect any part of Wales.
Amendment 12, in the schedule, page 47, line 13, at end insert—
“(ea) a Transport Partnership created under the Transport (Scotland) Act 2005,”.
This amendment requires consultation with a Scottish Transport Partnership before a franchising authority varies a franchising scheme where the variation would affect any part of the Partnership’s area.
Amendment 13, in the schedule, page 49, line 22, at end insert—
“(ea) the Welsh Ministers if, in the opinion of the authority or authorities, any part of Wales would be affected by the proposed variation,”.
This amendment requires consultation with the Welsh Ministers before an authority varies a franchising scheme where the variation would affect any part of Wales.
Amendment 14, in the schedule, page 49, line 38, at end insert—
“(ea) a Transport Partnership created under the Transport (Scotland) Act 2005,”.
This amendment requires consultation with a Scottish Transport Partnership before a franchising authority varies a franchising scheme area where the variation would affect any part of the Partnership’s area.
Amendment 15, in the schedule, page 51, line 11, at end insert—
“(ai) the Welsh Ministers if, in the opinion of the authority or authorities, any part of Wales would be affected by the proposed variation;”.
This amendment requires consultation with the Welsh Ministers before an authority varies a franchising scheme where the variation would affect any part of Wales.
Amendment 16, in the schedule, page 51, line 39, at end insert—
“(ea) a Transport Partnership created under the Transport (Scotland) Act 2005,”.—(Simon Lightwood.)
This amendment requires consultation with a Scottish Transport Partnership before a franchising authority varies a franchising scheme where the variation would affect any part of the Partnership’s area.
Schedule, as amended, agreed to.
Clause 13
Direct award of contracts to incumbent operators
I beg to move amendment 34, in clause 13, page 8, line 5, after “operators” insert—
“or local government bus companies”.
This amendment, along with Amendments 35, 36 and 37, would mean that franchising authorities may directly award public services contracts to local government bus companies.
That was absolutely not clear from the drafting, and I do not feel able to support such opaque drafting. It would not be right to slip in five words and change the whole meaning of the clause. Perhaps it would be better to draft a new clause; I suspect the hon. Lady has time to do so before the end of the Bill’s consideration.
I thank the hon. Member for Brighton Pavilion for tabling amendments 34 to 37, but the Bill already enables the direct award of franchising contracts to local authority bus companies.
Clause 13 allows for the direct award of franchising contracts to incumbent operators under specific conditions that are set out in the Public Service Obligations in Transport Regulations 2023. It would reduce transitional risks for local government authorities and operators when moving to a franchised network. It applies equally to private operators and LABCos. If a LABCo is an incumbent operator, it could absolutely be directly awarded a franchised contract under the clause, as could a private operator, if that was desired by the franchising authority. Clause 13, therefore, already allows franchising authorities to direct awards to LABCos.
Amendment 35 would allow a franchising authority to direct awards to a LABCo that is not an incumbent operator. For good reasons, clause 13 includes a restriction on direct awards to incumbent operators—that is, that any operator providing local services in an area immediately before a franchising scheme is made has been doing so for at least the three months prior. Those reasons include providing a stable and controlled contractual environment for staff and assets during a transition, while providing continuity of services to passengers. It also means that operators are established in, and familiar with, the area. That greater operational knowledge will help to drive more effective long-term procurement of competitive franchise contracts through data collection and sharing.
Those benefits are most likely to be achieved by franchising authorities working in areas with operators that have an established and reliable presence in the network and with whom they have established effective working relationships. I therefore hope the hon. Member for Brighton Pavilion will withdraw her amendment. Clause 13 already provides most of the powers she seeks, and keeping the incumbent element is an important part of ensuring some of the core benefits of the measure.
I very much appreciate that my amendments would do different things from clause 13, and I also appreciate that the Public Service Obligations in Transport Regulations 2023 provide the ability to make a direct award to an internal operator at other times. However, I worry that if we do not make sure that we have that ability in primary legislation—I cannot find it elsewhere in the Bill—there is a risk that private companies will issue legal challenges against direct awards. That is the key thing that I would like the Government to address, potentially in a different clause.
I simply do not feel that that is necessary. The way in which it is set out is clear enough.
I thank my hon. Friend the Member for Middlesbrough and Thornaby East for tabling amendment 72. Clause 13 allows for the direct award of initial franchising contracts to incumbent operators under specific conditions that are set out in the Public Service Obligations in Transport Regulations 2023. In doing so, we aim to reduce transitional risks for local transport authorities and operators when moving to a franchised network.
Clause 13 applies equally to private operators and LABCos. If a LABCo is an incumbent operator, it could be directly awarded a franchised contract under the clause. For good reasons, clause 13 includes a restriction on direct awards to incumbent operators only—that is, that any operator providing local services in an area immediately before a franchising scheme is made has been doing so for at least the three months prior. Those reasons include providing a stable, controlled, contractual environment for the transition of staff, as I have mentioned.
Clause 13 enables franchising authorities to directly award the first franchising contracts to incumbent operators. That is not about shutting out competition; it is about providing a stable, controlled environment to manage the transition to a franchising model. Long-term franchise contracts will be competitively tendered in the usual way.
Franchising authorities may wish to use the direct award measure to help to manage the transfer of staff and assets, gather data to inform future franchise contracts, and provide flexibility to stagger the tendering of competitive franchise contracts at different times. It may also help to support small and medium-sized enterprise operators to gain experience in a franchising model.
Direct award can be used only under specific conditions. For example, direct award contracts have a maximum duration of five years and are only for net cost contracts. In many cases, a shorter duration will be appropriate. Further, only the incumbent can receive a direct award contract for the same or substantially similar services.
I rise to speak briefly in support of Liberal Democrat amendment 66, which inserts a requirement for local transport authorities to review the adequacy of the existing network of local services—through proposed new subsection (4B)(a)—and the requirement to identify any gaps in provision, through proposed new subsection (4B)(b). Proposed new subsection (4B)(c) states that what further action the local transport authority intends to take to address the gaps identified must be set out.
Proposed new subsection (4C) would require the authority to publish both the assessment and the resulting plan after the relevant consultation. It is clearly a good idea to identify the scale of opportunity in the local area as well as what is already available. Such good information would inform good future decisions, so I have no hesitation in supporting the amendment.
Amendment 64, which was also tabled by the Liberal Democrats, would require the Secretary of State to provide Parliament with a statement every six months with information on socially necessary services across a county and the number of whole routes cancelled, as well as frequency and days of the week. I am not supportive of it. Although I understand the rationale behind the amendment, and it would be interesting to have that information on a regular basis, it would be truly onerous to require the Secretary of State to provide that every six months for services right across the country. As with all things, when we are trying to design effective government, we have to balance benefit and cost. In my respectful view, such a requirement tips into being simply too onerous.
Assessments are, by their nature, local or regional, and I do not understand the practical utility of national reporting when the people who really need to know the information are in the local transport authority that would be providing the information in the first place. I therefore confirm my support for amendment 66 and my opposition to amendment 64.
I thank the hon. Members for Wimbledon, for North Norfolk and for Chesham and Amersham (Sarah Green) for tabling a series of amendments to the clause. Amendment 66 would ensure that local transport authorities review their current local bus network to identify any gaps. I agree with hon. Members that it is important for local transport authorities to understand and know their networks. However, the desired effect of the amendment is already covered by the Transport Act 2000, which places a requirement on an authority to meet the needs of people living or working in their area. The local transport plan, which must be prepared by a local transport authority, is an important document that establishes the transport needs of local communities. Indeed, the existing measures in the Bill go even further than the 2000 Act by ensuring that members of the enhanced partnership work together to identify key socially necessary services, and to develop a robust plan in case any changes are proposed to them.
I turn to amendment 64. The Department already publishes large amounts of bus data through both the Bus Open Data Service and bus statistics on gov.uk. The Bill provides for even more data collection under clause 24, which specifically ensures that data collected by the traffic commissioner is shared with the Secretary of State. I therefore believe that the amendment is unnecessary. We already deliver a large amount of information to the public that can help them to understand all services operating in their area—not just socially necessary services—and may include many of the details listed in the amendment.
The Liberal Democrats strongly support amendment 39, which was tabled by the hon. Member for Brighton Pavilion. As has been said, it is remarkably similar to, if not the same as, an amendment that we tabled in the House of Lords. It rightly proposes to expand the definition of “socially necessary local service” to include routes that serve healthcare facilities. I recognise the argument that the existing definition already covers them, but we think it is important to explicitly include hospitals, GPs and clinics. Accessing healthcare is a social necessity that should be explicitly recognised in law.
The same is true of education. From conversations with my hon. Friends the Members for Westmorland and Lonsdale (Tim Farron), for Esher and Walton (Monica Harding) and for North East Hampshire (Alex Brewer), to name a few, I know that there are growing concerns about school and college bus routes being cut, leaving students unable to travel independently to their places of learning.
The Government may argue that such services are already included under the definition but, if that is the case, why not make that explicit? Clarifying it in statute would only strengthen the Bill and provide clearer guidance for local authorities.
Amendment 39 is not necessary as this issue has already been addressed during debates on the Bill in the other place. At the time, my noble Friend the Minister for Rail made a statement on the Floor of the House to the effect that the definition of a socially necessary local service encapsulates access to healthcare and schools as “essential goods and services”. I hope that that reassures the hon. Member for Brighton Pavilion about the Government’s intention. That being said, the Government will produce official guidance for local authorities on the issue of socially necessary local services. That guidance will refer to healthcare services and educational institutions as constituting “essential goods and services”.
Amendment 38 would expand the definition of socially necessary local services to include services that have been abolished in the past 15 years. In addressing it, we should consider the practical issues. A service that has been cancelled in the past 15 years may no longer meet the current needs of the community, which change over time. Furthermore, it is possible that previous services may have been folded into newer and more relevant bus routes. For those reasons, the amendment might not yield the expected beneficial outcomes.
That is by no means a prohibition or limitation on the powers of local transport authorities, however. As local transport authorities continually evaluate the needs of their communities, they still retain the power to consider implementing services along former routes, if they believe that doing so would address the needs of their communities. The amendment is therefore not necessary, so I ask the hon. Member for Brighton Pavilion not to press it.
On a point of clarification, clause 14 adds proposed new subsection (15)(b) to section 138A of the Transport Act. The measure is quite specific that a current service is envisaged—it refers to a service “if cancelled”. Amendment 38 would respond to that by making sure that recently cancelled services were covered. Such services might have been taken away because operators anticipated the risk that they would be defined as “socially necessary”. Can the Minister reassure us on that point?
I did not give way, but I appreciate the hon. Member’s additional comments.
Amendment 54 is a really important protection for the safe and necessary services that I described. The shadow Minister’s points perhaps highlight the issue of funding more generally in bus franchising and enhanced partnerships.
The amendment would ensure that steps are taken within six months of identifying a route as socially necessary to ensure that the route actually runs. It would also enable the Government to provide them with support and funding to ensure that the route is available, if the financial burden on the local authority is deemed too great. This is another useful protection for the socially necessary services to ensure that they are not another victim of the funding crisis in local government. I have already made clear how important these services are and why we have to ensure that they are protected.
Looking at the perilous financial position of our county council in Norfolk, I fear that there could come a point where that spectacular fiscal mismanagement means that they cannot afford to keep these services going. In that instance, I do not think that my constituents should be the ones who are punished. The Government should step in to protect their access to all the services and opportunities that a socially necessary service provides.
To conclude, I am pleased that the importance of bus services has been truly recognised in law. I am supportive of the sentiment and much of the drafting of the clause. However, if we accept the importance of these routes, we should not make a half-baked attempt to protect them. We should ensure that all important services are considered when deciding on socially necessary routes, and that there are strong protections for both these services and our communities that they serve.
Amendment 54 seeks to establish a process for local transport authorities to implement a socially necessary service where no operator has decided to do so. However, I believe it is unnecessary, because legislation already exists to address that issue. Under section 63(1) of the Transport Act 1985 and section 9A of the Transport Act 1968, local authorities are already under a duty to secure public passenger transport services that they consider appropriate to meet the requirements of the area, and which would not otherwise be met. Clause 14 also sets out that enhanced partnership schemes must include a requirement to investigate alternatives that can be provided if a socially necessary service is cancelled or varied in such a way as to have a materially adverse effect on the ability of passengers to access necessary goods and services.
The amendment also places an obligation on local authorities to fund specific bus services. However, as I set out before, how local authorities choose to spend their funding is a matter for them. I reflect on previous comments from the Liberal Democrats about being all for devolution, but also liking to stipulate exactly how to do it from the national centre. Local authorities are best placed to make decisions on how and where to prioritise their local bus grant. Restricting the range of choices for how an LTA does so would go against the spirit of the Bill, and it is our aim to give more control to local leaders. I have outlined why I believe that the amendment is not needed, and I ask the hon. Member for North Norfolk to withdraw it.
I am a little disappointed that the Minister did not address the shadow Minister’s accusation of passing the financial buck directly to Government in his response. The measure is fundamentally about funding to protect services. If the Minister is relying on sections in previous Acts of Parliament, the interpretation of those sections is not a given without specific reference, which the Bill does not make. I do not share the Minister’s confidence that those obligations will be upheld.
I think it is sad that the hon. Gentleman does not share my confidence in local areas being able to shape their services.
I now turn to amendment 74, which is the final non-Government amendment tabled to clause 14. It seeks to ensure that there is a Government-backed scheme that will guarantee that all socially necessary local services continue to operate. As I am sure I have mentioned before, this Government have reaffirmed our commitment to bus services in the recent spending review by confirming around £900 million each year from 2026-27 to maintain and improve vital bus services. Allocations for that fund will be made through the bus funding formula, which already takes account of local need. The Department is also committed to review the current formula and ensure that it is allocated as fairly as possible. That will take place in due course.
Again, it is local areas that are best placed to use the resources given to them. We do not have a magic money tree. I know that the Liberal Democrats have a supply of those, but unfortunately we do not. The Department is also committed to reviewing the formula and ensuring that the money is allocated as fairly as possible. That will take place in due course. Once the allocations are made, it is then for local transport authorities to prioritise their funding according to the needs of their communities. It is right that they make those decisions and Government should not be asked to intervene. I therefore ask the hon. Members to seek to withdraw this amendment.
Question put, That the amendment be made.
I beg to move amendment 6, in clause 14, page 10, line 27, leave out subsections (5) and (6).
This amendment removes the requirement for the Secretary of State to carry out an assessment of the impact of ending the £2 bus fare cap and of the level of employer’s national insurance contributions.
Subsections (5) and (6) of clause 14 were inserted by non-Government amendments in the Lords. This amendment seeks to remove those subsections. Clause 14(5) places a statutory duty on the Secretary of State to undertake an assessment of the implications of ending the £2 national fare cap on passengers’ ability to access socially necessary local services, as proposed in the Bill. Assessing the impact of the withdrawal of the previous fare cap on specific routes would be pointless while the current cap is in place. At the spending review, the Government took the decision to extend that cap to March 2027. Moreover, in February 2025, the Department published an evaluation of the first 10 months of the £2 fare cap. That showed that the cap delivered low value for money. Work is already under way to undertake a review of the £3 bus fare cap. Therefore, a legislative requirement for further evaluative work is duplicative and unnecessary. That subsection is also impractical. Socially necessary local services are a new measure introduced by this Bill; they were, therefore, not in place at the time of the £2 bus fare cap and could not, therefore, have any measurable effect on it. It will also take some time for local transport authorities to identify socially necessary local services.
Clause 14(6) places a statutory duty on the Secretary of State to undertake an assessment of how the level of employee’s national insurance contributions may impact on the provision of socially necessary bus services. That includes an assessment of how transport services for children with special educational needs and disabilities are affected. That subsection cuts across existing work of the Department for Education, which has committed to reform the special educational needs and disabilities system. It is also impractical because it is seeking to review three months after Royal Assent. Socially necessary local services are likely to take some time to be identified and agreed, making that assessment premature. I have explained why the Government are seeking to remove both subsections. Having explained why the Government are seeking to remove subsections (5) and (6), I turn to the remainder of clause 14.
Clause 14 introduces requirements in relation to socially necessary local services in areas with enhanced partnerships. Enhanced partnerships are statutory partnerships where local transport authorities and bus operators agree on binding goals to improve bus services in their area. This measure will require local transport authorities to identify the services that they consider socially necessary local services as defined in the Bill, and include them as a list in the enhanced partnership plan. Enhanced partnership schemes will need to specify requirements that apply when the operator of a socially necessary local service proposes to cancel or vary the registration of a service in such a way as is likely to have a material adverse effect on the ability of passengers to access essential goods and services, economic opportunities or social activities. Schemes must also require local transport authorities to consider whether any alternative arrangements may be made to mitigate the effects of cancellation or variation.
This will not require additional funding. In practical terms, local transport authorities and bus operators will be incorporating the measure into their established processes. Once the legislation has passed, we will be working with stakeholders to implement the measure. Local transport authorities must vary their enhanced partnership plans and schemes to comply with clause 14 within one year of its coming into force. We will be publishing guidance in due course to help local transport authorities and bus operators with the implementation of the measure.
I support clause 14 and the Government’s proposed measures. Good decisions depend on good information, and in the East Cleveland part of my constituency we have seen far too many decisions made in a black hole of information, which has seen many routes disappear over many years. I now have many villages left in isolation.
It has fallen to local campaigners to step up and make the case that such routes are socially necessary, including through protests, rallies and so on, to try to save them. That is exactly what happened in the case of the Stagecoach 1 and 2 in my constituency, which was created as a result of a sustained campaign. However, that route is not sufficient, because it misses out certain villages and does not go down the high street in Brotton, for example. It also misses out several residents, of which one example is a lady called Norma Templeman who I promised I would mention in the House. She lives in North Skelton and is 87 years old. She said a few months ago:
“You have no idea how isolated this makes us golden oldies feel.”
I would never use such language to refer to her, because I think she is full of energy, even if she is 87. It should not fall to an 87-year-old lady to campaign to save and extend routes like the Stagecoach 1 and 2, or the demand-responsive transport service that she benefits from, which, again, runs out of money every few months, and there has to be a sustained campaign to try to save it. The entire model is inefficient.
I hope that the mayor in our region will seek to use the powers in the Bill and introduce a franchising model. So far, he is resistant to do that, so I ask for some clarity from the Minister on devolution—which we covered in the previous debate—with reference to clause 14. The principles set out in the various pieces of legislation on combined authorities, particularly the Local Democracy, Economic Development and Construction Act 2009, set out that the role of a combined authority is to act as it says on the tin: to be a combination of the local constituent member councils and their leaders. We have an odd situation in Teesside wherein the councils and their leaders want to have a franchising system but the mayor is resistant to doing so.
In the House on 14 May, I asked a Minister from the Ministry of Housing, Communities and Local Government whether the Government accept the principle of subsidiarity, wherein power should sit in the lowest possible tier of government and local communities should have the strongest say. The Minister accepted that principle in his response. He said that devolution should not just be
“a shift of power from Whitehall and Westminster to a regional or sub-regional body that is far away from communities and the local authority.”—[Official Report, 14 May 2025; Vol. 767, c. 135WH.]
He said the transfer of power is a good, but it is not the “whole job”, and communities should be able to “take control for themselves”. I hope that that is also the case when it comes to these powers. We should not have a mayor sitting above the community—above even the local authorities, which make up the LTA—and not using the powers and the funding that this Government are giving him to act.
For Norma’s sake, and the many Normas in all my communities and communities across the country, I support the clause and the Bill.
(2 weeks, 2 days ago)
Commons ChamberThe Government are kick-starting a revolution in bus services across the country, delivering the right services in the right places at the right fare levels to serve local communities. Our Bus Services (No. 2) Bill will overhaul bus service operations, protecting vital routes, including in rural and deprived areas, and delivering on our commitment to improve living standards across the country. The Government have confirmed over £1 billion of funding for buses to support and improve services in 2025-26, and we are keeping fares low by maintaining the £3 bus fare cap.
It is no surprise that Stoke-on-Trent’s bus service improvement plan is among the best in the country. Thanks to funding from this Labour Government, dozens of new services have been delivered, such as the 36, connecting Kidsgrove to Hanley and Meir, and the 501, helping people get to Wolstanton retail park. Will the Minister join me in recognising the progress that Stoke-on-Trent has made with its bus network, and will he meet me to discuss how we can ensure that progress continues when funding ends next year?
I congratulate Stoke-on-Trent on its success. It is great to hear that local ambitions are being realised through new bus services, lower fares and more accessible buses. Funding has been announced for 2025-26: Stoke-on-Trent city council was awarded £9.8 million, and Staffordshire county council was awarded £11 million. Future allocations for individual local authorities will be confirmed in due course.
I am grateful to the more than 300 residents who took part in my bus survey. Many expressed frustration about Arriva’s decision to cut the X5 service, leaving schoolchildren stranded and people unable to get to work. Fortunately, on this occasion, Red Eagle Buses stepped in, but what happened speaks to the wider issue of bus companies not putting residents’ needs first. Will the Minister join me in asking Buckinghamshire council to take up the new franchising powers in the Bus Services (No. 2) Bill to fix exactly that issue?
The Bus Services (No. 2) Bill puts the power over local bus services back in the hands of local leaders right across England, enabling them to choose the bus model that works best for their areas. The Government will support local transport authorities that decide that the franchising route is the best option for them, delivering improvements to services in their area. I hope that my hon. Friend’s local council will work with her and her constituents to find the best local solution.
Reliable and accessible local bus services are vital for our communities, connecting people to work, education, healthcare and each other. Yet too often, services are reduced or withdrawn due to low usage, leaving many isolated. To ensure that those services remain viable, we must not only improve them but encourage more people to use them. What steps are the Government taking not only to improve local bus services but to commit to running national or regional campaigns to boost bus usage and protect those essential routes?
We will encourage operators and local authorities to work together to run their own regional campaigns to help boost bus usage. Funding provided to local authorities through the local authority bus grant to improve services could be used for that kind of campaign, if those authorities feel that will help them to meet their bus service improvement plan objectives.
After decades of failed bus deregulation under the Tories, I am pleased that this Labour Government truly understand the importance of delivering better bus services for millions of people. How will the Government support local leaders to take back control of their bus services, and how will that benefit my constituency of Harlow? I am thinking particularly of rural areas in my constituency, such as Roydon, Nazeing and Hatfield Broad Oak, where residents often talk about how a lack of connectivity causes issues of isolation and a lack of job prospects.
The Bus Services (No. 2) Bill will put power over local bus services back in the hands of local leaders. It is intended to ensure that bus services reflect the needs of the communities that rely on them, including in rural areas. Leaders in places such as Harlow will be empowered to deliver reforms to their bus services. We will also be reforming bus funding, giving local leaders more control and more flexibility to deliver their local transport priorities.
I welcome the extension of the £3 fare cap and the new powers enabling local authorities to deliver bus services that local residents need. In my constituency of Watford, the recruitment of bus engineers to keep services running remains a major problem. What are this Labour Government doing to work coherently with the sector to meet that need?
I appreciate my hon. Friend’s concerns about the recruitment of engineers. Although it is, of course, primarily bus operators’ responsibility to ensure that they meet their staffing needs, the Government will continue to support the bus sector to meet its current and future labour requirements. The greater long-term funding certainty that the Government are providing through the spending review confirms that the bus sector is a great one for engineers to build their careers in. It was great to meet some of the rising stars in the Go-Ahead Group just yesterday.
My constituents in Blaydon and Consett rely heavily on buses. Thankfully, with the support of the North East combined authority and our Mayor Kim McGuinness, my constituents have benefited from subsidised fares as a result of the Government’s continuation of the bus service improvement plan funding, for which I am very grateful. That funding is due to expire in March ’26, but it is crucial that we are able to plan how bus users across the north-east can continue to benefit from those fares. Will the Minister agree to meet me and members of the combined authority to discuss how we can continue to provide value for money for bus users in the north-east?
I am delighted to hear that my hon. Friend’s constituents are benefiting from reduced fares, below the Government’s national £3 bus fare cap. I was pleased that we were able to allocate £23.8 million to the North East combined authority under the leadership of Mayor Kim McGuinness. I am, of course, more than happy to meet my hon. Friend.
As I mentioned to the Minister when he appeared before the Transport Committee, I sent a transport survey to every household in Weald of Kent and received hundreds of comments about our buses. Many are dismayed that villages such as Smarden, Egerton, Frittenden and Pluckley now have no bus service at all, while others observe that small villages are served by massive buses carrying one or two passengers. What further assessment has the Minister made of the role of demand-responsive services in rural areas such as mine?
The hon. Member will be aware that the Bus Services (No. 2) Bill contains powers to ask local transport authorities to identify specific routes that are of social value and need. That will be particularly important when considering rural areas. She will also be aware that the Department has been supporting a number of design-responsive transport schemes, of which we are undertaking review.
In my constituency, Hammersmith bridge has been closed to vehicles for over six years. During that time, buses have been unable to cross, emergency vehicles have experienced delays and businesses on both sides of the bridge have lost out. The Economic Secretary to the Treasury was recently unable to confirm on the radio whether the structures fund will be put towards the bridge’s repairs, so will the Minister tell me whether we can expect funding for Hammersmith bridge to reopen?
I entirely appreciate the problems that the hon. Member and her constituents have experienced as a result of Hammersmith bridge. Further information on the structures fund will be announced in due course.
Several of my constituents have written to me, concerned that Arriva, which provides local bus services, has cancelled or reduced some of their local routes, such as the 322 in Maple Cross and the 328 in South Oxhey, leaving them with no other transport options aside from costly taxis. What will the Minister do to ensure that everyone has access to public transport, such as those vital bus services?
I will expect the hon. Gentleman to walk through the Lobby with the Government when our Bus Services (No. 2) Bill comes forward. It is exactly designed to take back control of our bus services, which the Conservative party completely and spectacularly failed to do.
The Bill will empower local leaders to choose a model that works best for their area. It includes, as I mentioned, a socially necessary local services measure. Local transport authorities that operate under an enhanced partnership will be required to identify local services that they consider to be socially necessary and put in place requirements that must be followed before such services can be changed or cancelled. They also need to consider the alternative options available to them.
Bus usage and services in rural and semi-rural areas such as Wokingham were particularly hard hit during the pandemic. Will the Minister confirm that councils such as Wokingham will not see funding for local bus services reduced, and will he recognise that rebuilding bus usage in rural areas is a unique challenge that requires extra resources?
I completely understand the challenges, particularly in rural areas. That is why the package of measures in the Bill to give local areas the powers that they need to take control of those buses is so important. I already mentioned socially necessary bus routes. In the Budget, we confirmed £1 billion in support to improve bus services and keep fares affordable, including in rural areas. That funding has been devolved down to local leaders to decide how to spend that in any way they see fit. That will improve bus services in their area, including in rural areas.
A blind resident in my constituency, Marilyn, relies on her guide dog and the local bus network to live independently. However, changes under the Government’s £1.7 million active travel grant, including floating bus stops on Rifford Road in my constituency, force her to cross fast, bidirectional cycle lanes just to board a bus. That goes against safety advice from the Guide Dogs organisation and the Royal National Institute of Blind People and is causing real distress. Does the Secretary of State agree that Government-funded infrastructure must be safe and accessible for everyone, and will she commit to reviewing active travel guidance to consider the role of floating bus stops that put blind and visually impaired people at risk?
During the passage of the Bus Services (No. 2) Bill in the other place, we committed to writing to all local transport authorities asking them to pause the installation of a specific kind of floating bus stop, where passengers get off the bus straight into a cycle lane or an island. That is because they have been identified through research as problematic for people, particularly those with vision issues. We have already done work with Active Travel England and Transport for London to identify a design standard. Fundamentally, this Government believe in accessible transport for everyone, and that is exactly our ambition.
If we are to deliver local bus services, we must deliver buses that are efficient and technologically modern to ensure we can meet those targets. With that in mind, will the Minister assure the House that any action taken by Government to provide buses and local bus services will support bus manufacturing across all parts of the United Kingdom of Great Britain and Northern Ireland and, in particular, Wrightbus in North Antrim?
Absolutely, and that is why I was so proud to chair the first bus manufacturers expert panel in March. That is a year-long project with bus operators, bus manufacturers and mayors across the country to try to forge a smooth pipeline of orders to support our fantastic UK manufacturers.
The Government know that bus franchising is commercially risky and very expensive for any local authority. We know that because Transport for London costs taxpayers £650 million a year in subsidy, and Andy Burnham’s Bee Network in Greater Manchester is currently on course for an annual deficit of £226 million, when its business plan was for a forecast profit. What is the point of giving risky franchising powers to every local authority in the country when the Government do not provide the money to support them?
I will not take any lectures from the Conservatives under whose watch we saw 300 million fewer bus miles. As I have explained to the hon. Gentleman in Committee and in various exchanges, the full fat franchising—as it is commonly known—in Greater Manchester is only one kind of franchising available to local authorities. Various other methods are available to different areas, including the model adopted in places such as Jersey, which is a partnership between the private operators and the local transport authority so that they can benefit from its skills and knowledge.
I do not recognise—and I have corrected this in Committee—the figures that the hon. Gentleman quotes for Greater Manchester, which is performing fantastically, delivering better, more affordable, greener, smoother and reliable services for the people of Manchester.
I am grateful for that answer, and we have four hours of Bill Committee later today to rehearse the arguments yet again. In an earlier answer, the Minister said that he is providing £1 billion of support for buses in this financial year, but surely he knows that £700 million goes to help local authorities navigate the huge administrative burdens that come with franchising and the other schemes that the Government have in mind. That leaves just £255 million for actual bus services across the whole of England. That is only enough to satisfy Andy Burnham for a year, yet we have full fat being pursued by Liverpool and West Midlands. I ask again: where is the money to support those ambitions?
As the hon. Gentleman is aware, places such as Greater Manchester are part of the group of authorities that have received £15.6 billion to spend in their local areas. It is important to recognise the extraordinary performance of buses in Greater Manchester. Once again, we are not telling local areas which model to adopt for buses: it could be franchising or enhanced partnerships, as well as removing the barrier to municipal bus companies.
I understand that this will be a deeply concerning time for workers at Alexander Dennis and their families. It is important that the Government, at all levels, support British manufacturers, which is why I was proud to chair the launch meeting of this Government’s new UK bus manufacturing expert panel on 13 March. The panel aims to explore ways to ensure that the UK remains a leader in bus manufacturing. My officials and I have been in close contact with Alexander Dennis, and I remain committed to working with it and relevant Government Departments to find a way forward.
I draw attention to my entry in the Register of Members’ Financial Interests, which details my membership of Unite the union.
Once upon a time, Scotland was an industrial powerhouse—we made things—but last week, Alexander Dennis started a 45-day consultation with employees. As it stands, hundreds of jobs will be lost from my constituency and that of my hon. Friend the Member for Falkirk (Euan Stainbank). Unite and the GMB have called for both the Scottish Government and the UK Government, the company and the unions to come together to find a solution to save those jobs and Scottish bus manufacturing. There are changes to policy and legislation that could achieve this. My constituents, the Alexander Dennis workers, want and need to know whether the UK Government are willing to do what it takes.
The £15.6 billion for regional transport projects over five years that we announced earlier this month will help to create a pipeline of investment for the zero emission bus market in the UK, while improving local transport for some of our largest regions. As I said, we are in close contact with all relevant parties to consider how we can support Alexander Dennis.
I declare an interest as co-chair of the all-party parliamentary group for British buses. As the Minister has outlined, this Labour Government will double real-terms transport spending in city regions by the end of this Parliament. While this should be very good news for bus manufacturing in this country, Alexander Dennis—in my constituency and that of my hon. Friend the Member for Alloa and Grangemouth (Brian Leishman)—is, in a contradictory move, seeking to end more than a century of bus manufacturing in Scotland and put 400 workers in Falkirk out of their jobs. What actions will the Secretary of State and Ministers, in conjunction with Cabinet colleagues and the Scottish Government, take to maintain strategically necessary bus manufacturing in Falkirk?
Labour mayors across the country are putting in orders for UK-manufactured buses, as we support bus travel in our towns and cities. The Scottish people will be asking questions about why the Mayor of Greater Manchester has managed to buy almost four times as many buses from Scotland as the SNP Scottish Government have. My officials and I are in close contact with Ministers and representatives from the Scottish Government, the Department for Business and Trade, the NFI Group—the owner of Alexander Dennis—and Scottish Enterprise to explore avenues of support.
Rail services in Sutton and Cheam are supported by requirements on train operators to plan services and timetables to meet current and future passenger demand, ensuring value for money for the taxpayer. Govia Thameslink Railway and South Western Railway are required to work collaboratively with the Department for Transport to develop future plans, and our Department holds them accountable for delivering for passengers.
Earlier this week I was contacted by a long-suffering commuter using Worcester Park station. She wrote:
“As a teacher my days are already demanding, often filled with pressure, high energy, and very little downtime. Sadly, commuting to and from work now feels just as stressful. Trains during peak hours are frequently so overcrowded that they feel unsafe and extremely uncomfortable. What should be a straightforward journey has become an exhausting and frustrating part of my day.”
Now that South Western Railway is under Government control, will the Minister tell my constituents when we can expect to see the service and timetable finally improve for Worcester Park station?
Services returning to public ownership is a watershed moment for our railways and the beginning of our efforts to build Great British Railways, a new publicly owned organisation that runs our trains. We want passengers to see improvements to their services now and, starting with SWR, each operator will have to meet rigorous bespoke performance standards on things such as punctuality, cancellations and passenger experience, so that we can begin to build a world-class public service.
Worcester Park is a station that my hon. Friend the Member for Sutton and Cheam (Luke Taylor) and I know well as it is on the boundary of both our constituencies, and I confirm that my constituents face the same issues of overcrowding. SWR acquired 90 high-capacity Arterio trains to address this issue back in 2019, yet six years later only a handful have entered service. The UK taxpayer is currently spending over £5 million every month on leasing the Arterio fleet, and over £0.5 million additionally every month to store the unused trains. Will the Minister confirm how many Arterio trains are now in use, whether the issues delaying roll-out have now been addressed, and whether he thinks that spending millions of pounds every month on unused trains is a good use of taxpayers’ money?
I am aware that another two of those trains are now in operation. The new managing director is aware that this is a challenge and we are already beginning to see progress.
I am sorry to hear about the impact that that is having on Dorothy. As my hon. Friend will know, bus services are a devolved matter in Scotland. In England, we are taking action to put power over buses into the hands of local leaders through the Bus Services (No. 2) Bill.
Participants in the bus fare cap are only able to increase bus fares by inflation, so if the hon. Gentleman wants to speak to me outside the Chamber, I would be happy to take that matter up for him.
Devon and Torbay combined county authority will receive just £40 million between 2026 and 2030 in local transport grant funding—less than half the amount awarded to York and North Yorkshire and a fraction of the billions given to the city regions, despite Devon having the longest road network in the country. A large local operator says that just £1 million a year would make a transformational change in Devon, where rural deprivation is well hidden. Will the Minister meet me to discuss the issues facing the bus network in Devon and the Government investment that is needed?
Our long-term bus investment will support rural areas to improve local bus services. That is on top of the £712 million we have allocated to local authorities in 2025-26.
I met taxi drivers in Derby, at a meeting organised by the GMB, who are proud of the work they do. They want high standards across the board; what actions is the Minister taking to review taxi licensing, so that everyone can have confidence that the taxi and private hire industry is reliable, sustainable, and safe for passengers and the drivers themselves?
A new report from the all-party parliamentary group for cycling and walking warns of the growing public safety risk posed by the widespread use of unsafe, illegally modified bikes, and the fire risk caused by their cheap but powerful batteries bought from online marketplaces. What assessment has the Minister—along with his colleagues in other Departments—made of the risks posed by those fake e-bikes?
I thank the Chair of the Select Committee for that question. I am studying the APPG’s report in detail. Illegal e-bikes are clearly dangerous and have no place on our roads. I would be happy to meet her to discuss it further.
My constituent Paul cycles more than 1,000 km a month all across the country, but he tells me that Cheshire’s roads are among the worst. Poor roads are dangerous for all road users, so does the Minister agree that national guidance for pothole repair policy must properly reflect the needs of cyclists alongside motorists? We must urgently improve road conditions for everyone.
(2 weeks, 2 days ago)
Public Bill CommitteesI remind the Committee that with this we are considering the following:
Amendment 70, in clause 4, page 2, line 10, leave out “or places” and insert—
“, places or Rural Bus Hubs”.
This amendment is linked to NC35 and would allow rural bus hubs to be included in the specification for a franchise scheme.
Clause 4 stand part.
Amendment 71, in clause 38, page 41, line 23, after “England” insert—
“(e) the impact, or potential impact, the establishment of Rural Bus Hubs on services to villages.”
This amendment would require a review of bus service provision for villages to include an assessment of the impact of rural bus hubs, if already established, or the impact which establishing them may have on villages.
New clause 35—Rural Bus Hubs—
“(1) Local transport authorities may consider the construction of Rural Bus Hubs in rural areas which are, in the authority’s assessment, not sufficiently well-served by buses.
(2) Any Rural Bus Hub must—
(a) be a facility where bus users can park vehicles for the purposes of transferring to a bus service for the remainder of their journey;
(b) be constructed outside of town or and village centres, and be easily accessible by road, cycle or walking routes and other modes of transport;
(c) be on newly-developed sites or on sites which have been repurposed;
(d) contain car parking, electric vehicle charging, cycle parking and other amenities as the franchising authority sees fit, at a level of adequacy determined by the franchising authority.”
This new clause would allow local transport authorities to create rural bus hubs in areas to create a hub-and-spoke model of bus service delivery.
It is a pleasure to see you in the Chair, Dr Allin-Khan. At the conclusion of our sitting on Tuesday, I had begun to address the points made by the shadow Minister, the hon. Member for Broadland and Fakenham, on the role of small and medium-sized enterprises in franchising. I will briefly address the outstanding points.
The Department for Transport understands that there are barriers to SMEs accessing franchise networks. That is why we are listening to the sector about how to ensure that disproportionate paperwork requirements do not hinder SME bids for franchising contracts, and that SMEs are provided with the resources to simplify bidding. My Department has also engaged directly with SME representatives through policy development and the passage of the Bill, including on additions to guidance, such as the Department’s role in facilitating pre-tender engagement between SMEs and franchising authorities.
Already, as part of the consultation on a franchising scheme, an authority must make a statement about how it proposes to facilitate the involvement of SME operators when it conducts the procurement process for franchised services. Moreover, the grant-making powers given to local authorities via the Bill will allow grants to be designed to prioritise SME bus operators, subject to other competition and subsidy controls. I hope that that offers reassurance to the Committee.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Clause 4 ordered to stand part of the Bill.
Clause 5
Minimum period before provision of services
Question proposed, That the clause stand part of the Bill.
The clause is about mobilisation periods for franchising areas. Existing law states that there must be a period of at least six months between the franchising contracts being made and those services first being delivered on the ground. The clause will enable franchising authorities to set shorter mobilisation periods that work for them and their stakeholders, if they wish. That will speed up the franchising process and ensure that bus passengers do not have to wait for an arbitrary period before experiencing the benefits.
Clause 6 amends references to local services by inserting the words
“which have one or more stopping places”
in certain sections of the Transport Act 2000. That is intended to clarify that the relevant reference to local services includes cross-border services where appropriate. These technical changes support the Bill’s focus on giving franchising authorities more scope to facilitate the provision of cross-border services.
It is a pleasure to serve under you, Dr Allin-Khan.
Clause 5 deals with the minimum period before provision of services can be changed. It is not a difficult clause, but it is worth going into some of the subsections in a bit more detail. Subsection (1) omits section 123H(4) of the 2000 Act, which set out that a franchising scheme
“may not specify under subsection (2)(d) or (3)(c) a period of less than six months.”
That meant that at least six months had to expire between the authority making a local service contract and the provision of the local service under that contract.
Clause 5(2) sets out that the transition arrangements in subsection (3) apply where, before the clause comes into force, the franchising authority or authorities have published under section 123E(2) of the 2000 Act a consultation document relating to a scheme or variation of a scheme, but have not yet made the scheme or varied it. Clause 5(3) provides that when making or varying the franchising scheme pursuant to the consultation document, the franchising authority or authorities may specify a minimum period, under sections 123H(2)(d) or 123H(3)(c) of the 2000 Act, that is less than six months.
Although I understand that the Minister and his Department want to smooth out some of the hindrances and streamline the system, and in principle I am supportive of that, the question that begs to be asked is: is there no de minimis period? It may be considered that a six-month period is too long, but what about a one-week period? Is that too short? As drafted, the clause does not provide a de minimis period. What would be the impact on franchise operators if there were an instantaneous change? That is a significant issue that needs to be considered, because we are dealing with operators that are commercial beasts. They have infrastructure, and drivers and staff that have to accommodate changes to these schemes, and yet the Government’s proposed changes would in theory allow there to be no notice at all.
I would be grateful if the Minister could expand on the Department’s, or the Government’s, thinking on this matter. I accept that six months is itself an arbitrary time limit. Why is it not seven, or five? I accept the rationale, which is that we wish to streamline the provisions in order to make it easier for local transport authorities to undertake these changes and take advantage of some of the opportunities that the Bill provides, but it is important for it to be practical and not to have unintended consequences for bus operators and their commercial activities.
Clause 6 amends sections 123E(4)(a), 123N(2)(a), 123Q(5)(a) and 123R(5)(a) of the 2000 Act. Before I go any further, it is worth reflecting that the reason why the clause is so complicated in its nomenclature is that there have been multiple amendments to the Transport Act. Although I have not researched it, some of that presumably came about through the deliberations of this House when the legislation was drafted, but there have subsequently been multiple alterations.
It begs the question of our approach to legislation in this place when an Act is so often amended. It makes it very difficult, one imagines, for people and organisations—local transport authorities, in particular—to understand what their duties and legal responsibilities are. In many instances, these are not recommendations; they are mandatory requirements, with which failure to comply could lead to judicial review and the kind of lawfare that we as a society often rail against, because we feel that the Government—and by that, I also mean local transport authorities in this instance—cannot get anything done because they are being tripped up by incredibly complex legislation with poor drafting that requires multiple amendments. That is how we get to a “section 123Q(5)(a)”—but that was a slight aside.
Clause 6 further amends the Transport Act by adding to all those subsections the words
“which have one or more stopping places”
after the references to “local services”. In itself, it is a wholly good amendment, and I am not seeking to criticise it. It clarifies that the references to “local services” incorporate any service that has a stopping place in the relevant area, including cross-boundary services operating pursuant to a service permit. However, I wonder whether this clarification was necessary in practice. I would be interested to know whether there have been any instances of local transport authorities being misled by the current drafting—I would be surprised if there had been—or any legal challenge to the current definitions that highlighted a need to clarify an ambiguity. Subject to that clarification from the Minister, I accept that there is nothing wrong with the amendment made by the clause. It is a useful clarification of the Transport Act 2000, to avoid doubt in interpretation, if, in fact, such doubt has ever existed.
It is a pleasure to serve under your chairship, Dr Allin-Khan. My party has little to say on this group. We are supportive of clauses 5 and 6, although the hon. Member for Broadland and Fakenham made a good point, and we would like to hear the Minister’s views on it.
The hon. Member for Broadland and Fakenham spoke about the removal of minimum mobilisation periods. It is consistent with the aims of the Bill to empower local transport authorities to decide how best to design their bus services, and this will be an issue for franchising authorities to determine. A minimum mobilisation period does not need to be mandated by central Government. This is something that franchising authorities will need to consider, and it is in their interests to make sure that there is a smooth transition to a franchising scheme, if that is the pathway they wish to consider.
Franchising authorities will make their determinations about the duration of mobilisation periods based on numerous factors. The clause provides flexibility for mobilisation to occur in a period shorter than six months, where it is in the interests of stakeholders and passengers. As I have explained, the Government intend to update the franchising guidance following Royal Assent.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Clause 6 ordered to stand part of the Bill.
Clause 7
Criteria for granting service permits