Seafarers’ Wages Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 20th July 2022 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, it is a pleasure to follow the noble Lord, Lord Hacking. I look forward to the speech of the noble and learned Lord, Lord Mackay of Clashfern, and will certainly miss his knowledgeable interventions in this Chamber. I regret that I am delaying the House from hearing from him.

This rapidly drafted Bill is the Government’s attempt to avoid a similar scenario to that witnessed earlier this year, when P&O dismissed nearly 800 of its crew with no warning to the Government and no consultation with its staff. The Government took swift action to condemn P&O. Peter Hebblethwaite, chief executive of P&O, told the other place that P&O intended to bring in a different operating model, employing fewer staff paid for only the hours they worked. This implies no holiday or sick pay. This averages at £5.50 per hour, down to a minimum of £5.15 per hour. The current national minimum wage is £9.50 an hour. P&O executives were shameless in their responses to questions in the other place, stating that they had knowingly broken employment law by not consulting unions, although they knew they were legally obliged to do so. In the words of Peter Hebblethwaite:

“We chose not to do so.”


This was a clear gesture to the employment law of the UK—that it could be totally ignored and that P&O would operate its own conditions. UK employment law requires a company intending to make more than 100 employees redundant to give 90 days’ written notice to the authorities of state where the vessel is registered, 45 days in advance of the redundancy date. The vessels concerned were registered in Cyprus, the Bahamas and Bermuda. At the same time as the crews were notified of redundancy, the letters were also sent to the authorities of state. This is not 90 days’ notice, nor 45 days before the redundancy date. The way in which P&O operated was totally outrageous and I fully support the Government in bringing forward a Bill to attempt to prevent this happening again.

The Government have brought forward a nine-point action plan, as the Minister stated, to ensure that seafarers on ships using UK ports are paid the national minimum wage. Everything in the nine-point plan hangs under this first point. This is not a large Bill, but I fear that it may not be straightforward.

Clause 2 specifies what a non-qualifying seafarer is. It appears that a situation could arise where some of the crew on a ship qualify for the minimum wage and some do not. This is not likely to result in what could be described as a happy ship. Can the Minister please clarify this?

Clause 3(3) states that a qualifying vessel must enter a UK harbour or port on 120 occasions a year, which equates to three a week. This is obviously geared towards the ferry industry, where roll-on roll-off ferries operate several times a day on short hauls to France, Belgium and other countries, and on a daily basis to Spain. This is not likely to cover the huge cruise ships which visit far less frequently, at the most weekly, depending on their routes.

I turn now to the declaration of whether the crew are paid the national minimum wage and how it is to be implemented. The Bill stipulates that the harbour authorities in each area will implement the conditions of the Bill, check the authorisations and impose fines where necessary. These fines or surcharges are to be set by the individual harbour authorities and ports and must not exceed level 5 in Scotland and Northern Ireland, where this is £5,000. This figure is not likely to deter an owner operating a profitable route carrying thousands of passengers.

The Seafarers’ Wages Bill brief was unequivocal: harbours and ports should not be involved in setting the fees or monitoring the declarations. Since many ferry operators own their own terminals, they are the harbour authority. In effect, they will be marking their own homework. There is definitely a conflict of interest here. Also, if different rates of surcharges are imposed around the coast, the owners of vessels will choose the ports with the lowest surcharge. The preferred option is for the Secretary of State to set a standard surcharge. It is unclear whether the surcharge is applied per vessel, per crew member on the vessel, or depends on the actual port used. This will need clarification in Committee.

A standard surcharge set by the Secretary of State takes away local discretion. I assume that any surcharges collected would be for the harbour authority to spend on improving services for those visiting the port, and infrastructure projects. Perhaps the Minister can clarify this. I look forward to the Minister’s response. Now, your Lordships can hear from the person you have all really come to hear from.

Stonehenge Tunnel

Baroness Bakewell of Hardington Mandeville Excerpts

Monday 9th July 2018 Lords Chamber

[Baroness Sugg]

My Lords, I agree with my noble friend that we need to ensure that we have reliable connectivity across the south-west, both to promote business links with that part of the world and to facilitate tourism—at £4.5 billion a year, the area has the UK’s highest domestic tourism expenditure by region. That is why the Government are investing £2 billion in the strategic road network in the south-west. Of course, the rail network also plays an important role in supporting the south-west. Specifically on Dawlish, we have fixed the damage caused by the storms in 2014. We do not want to see that happen again, so we are investing further in resilience work.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, the widening and modernising of the A303 through Stonehenge and down into Somerset is long overdue, although, as the Minister says, consultation has at last begun. However, no benefit is being offered to the communities along the A359, which is also part of the A303 improvement scheme, between Mudford, Sparkford and Queen Camel. These communities have suffered much in the past and are likely to suffer more, particularly during the construction stages. Can the Minister say why no compensation is being offered to alleviate their misery?

[Baroness Sugg]

My Lords, the scheme is part of a long-term strategy to better link the M3 and the south-east to the M5 and the south-west. Upgrading to a continuous dual carriageway standard will transform it into a high-quality route. Of course, the local residents will benefit from that. I am afraid I do not have specific information for the noble Baroness on compensation, but I will write to her. But, as I say, there will be benefits, both from the improved connectivity and the removal of rat-running through villages.

Bus Services Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

Report: 1st sitting: House of Lords
Wednesday 12th October 2016 Lords Chamber

[Baroness Randerson]

My Lords, I will also speak to Amendment 16, which is in my name.

The purpose behind these amendments is to right an unjust anomaly. The law now requires young people to stay in education or training until they are 18, but their entitlement to concessionary or free fares lasts only until they are 16. Of course, at the time this legislation was enacted the two dates matched, but we now expect very much more of young people. They are not getting a fair deal from this Government. The statistics show—and the Government know it—that they are getting a much less generous financial deal than older people are. The Government choose to ignore that situation at their peril. They may be confident that young people will not express their views in large numbers through the ballot box, but they need to think about them as they mature in the future.

Young people and their future prospects have already been very hard hit by the Brexit vote. I do not blame the Minister for that, but I think that the least the Government and we as a society can now do is to help those young people—whose future prospects are less rosy than they were three months ago—on the road to a better education and greater skills so that they are able to prosper in Britain in the future. In order to do that, they have to be able to get to school or college.

An NUS survey showed that many young people spend well over £20 a week on getting to a place of education or training, or indeed to part-time employment. Young people are hardest hit in rural areas because of the long journeys that many of them have to undertake. They may have to transfer from one bus company to another, each one having separate rules—where any rules exist—on concessionary fares, which are not transferrable from one company to another. Of course, it is true that many local authorities and some bus companies offer concessions, and I would say that it is the wise bus companies that do so because, quite rightly, they see young people as their customers of the future. However, there is no consistency and we need more of it.

The result is that we have young people in college sitting side by side on the same course but paying totally different amounts to get there because they happen to come from different areas. The distance they travel might be the same, but the bus companies that they use charge different amounts.

Free bus passes for older people have been hugely successful. They are an important social and health engine, and they have a huge impact on our society. However, when drafting our amendments, we did bear in mind that we have to be careful to refer to “concessionary” fares. For all sorts of legal reasons, it would be easier to implement a scheme of reduced fares rather than free fares. I understand that the Government would have huge reservations about free fares, but we believe that we have taken a wise and moderate approach by talking about concessionary fares. We have also tried not to be prescriptive. Although we would like a nationally consistent scheme, we are dealing with this issue in the way it is possible to in this Bill.

To those who say that it is not practical, let me give some information about the scheme that exists in Wales. The mytravelpass scheme offers a one-third discount on all journeys for young people aged 16, 17 and 18. It is a free pass that young people can get hold of easily, online or via the post.

It is important we send a message to young people in Britain that, wherever they live, they are valued and we want them to make the most of their education and training opportunities. This is one way of ensuring that they are able to do that, and with the greatest good will, so that they go into school or college not resenting it as something that is costing them money, is a nuisance and is unfair, but in a frame of mind to make the most of it. We on these Benches feel very strongly about these issues and will seek to test the view of the House.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I support the comments made by my colleague and noble friend Lady Randerson. As she has said, young people between the ages of 16 and 19 are required to be in training or education, and there are a great deal of inequalities across the country around the provisions that they receive—in many cases none—to help with transport.

In deep rural areas, such as where I live, there is no transport at all. Therefore, unless young people have parents or friends to take them to their college or training provider, they are stuck. From my village to the FE college it is walk of five miles, down a road that is simply not safe for people to walk on because it goes through a sandstone cutting and there is no refuge. There needs to be provision of transport in rural areas and reduced concessionary fares for young people.

As my colleague already said, these huge inequalities result in people sitting next to each other on training and FE courses who, having travelled different routes, have been charged different rates. I cannot add anything to what my colleague said, except to say that many young people could choose not to further their education because of the cost of transport. That would be a great shame. Young people need to have every opportunity to advance their futures and this is a small way of helping them to do that.

Bus Services Bill [HL]

Baroness Bakewell of Hardington Mandeville Excerpts

Wednesday 20th July 2016 Lords Chamber

[Baroness Jones of Whitchurch]

My Lords, this amendment builds on the concept of a community asset, as identified in the Localism Act 2011. Some bus routes, particularly in isolated rural areas, are simply a lifeline for the local community. At the moment these communities feel impotent to defend or potentially take over these routes, particularly where they are provided by a private operator whose only concern is the route’s profitability.

At the moment, other community provisions such as pubs and shops can be designated an asset of community value. Indeed, in some areas bus stops have been similarly designated. Our amendment takes that concept one step further, building on the process set out in the Localism Act. It would allow for a community grouping to apply to the traffic commissioner stating why a bus route should be listed as having specific community value. They would have to make the case for how it furthered the social well-being or social interests of the local community and, if successful, this would give the community some protection from the service being cut or closed without notice.

At a minimum, this would give the community six months’ notice of closure. More importantly, it would allow space for alternative owners or providers to emerge. That could include a community-run provision or not-for-profit partnership. It would also provide space for additional funding to be sought from government or elsewhere, and might encourage some imaginative thinking about the kind of service that would really be valued by the community in future.

We believe that a new right for communities based on this principle would build on the essence of the Localism Act. It is a natural extension of that policy and would provide considerable reassurance to our most isolated rural communities. I hope noble Lords and the Minister see the sense in what we are proposing, and I look forward to support for this amendment.

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I support Amendment 121 in the names of the noble Lord, Lord Kennedy, and the noble Baroness, Lady Jones, to which I have added my name. I must apologise for not being able to take part in previous Committee days on this important Bill; the scheduling of children and social work in Grand Committee at the same time as the buses Bill was in Committee in the main Chamber meant that I was unable to be in two places at the same time. I also declare my interest as a vice-president of the LGA and a councillor on South Somerset District Council.

I am concerned, as are other Members of the House, about the declining bus service in rural areas and market towns. When I was a young mother I caught the bus on a Friday from the bottom of the road and went into town with my toddler and pushchair to do my shopping, run some errands and come back again. A Friday suited me, but I could have done that journey four times in the morning and three times in the afternoon, on every day of the week, including Saturdays, and at limited times on Sundays. Now that service is vastly reduced to twice every weekday, once on Saturday and nothing at all on Sunday. The service also ran once each way in the evening so that young people could get to youth activities or go to the cinema.

I will briefly comment on the plight of many young people in rural Britain. Young people should be able to access training, go to FE colleges and engage in apprenticeships. They should be able to socialise, as it is part of their development to hang out with their friends. As they move from the security of the home to taking more and more decisions for themselves, the ability to have free movement within their communities is vital to their gaining independence. They are mostly fit and can walk, but will their parents or guardians be happy for them to hike miles each way in the winter in order to go to the cinema? No buses run after 6 pm, after all.

Currently in Devon, the county council is forcing young people to prove that they need help with transport. This means that young people will be penalised, and it is mainly rural families who will be hit by this new policy. The Government require young people to stay in education or training until they are 18 but will not give any more money towards transport costs. While colleges have an allocation to help with education costs for poorer families, FE colleges are worried that the demand will be greater than the funds available and a whole new set of red tape will be needed for young people who need help getting to college.

The village I lived in was typical of hundreds of villages around the country. The GP surgery is in the next village, but will the bus times fit with the timings of appointments or will people who are already feeling unwell have to hang around waiting as the bus comes only once a day—or, worse, simply be unable to get there at all when there is an appointment?

The view of the All-Party Parliamentary Group on County Matters is:

“Buses are a lifeline to rural communities—efficient public transport is of particular importance in county areas where large, sparse and rural geographies mean that there is an increased risk of isolation. Local bus services are a lifeline for many residents and we must ensure we find ways of making services sustainable for the future. A well designed system can support health and social care—keeping people connected to their communities and providing consistent access to public services can reduce the human and monetary costs of escalating need. This is particularly important in counties which represent the largest older populations, and face particular pressures in health and care services. The bus system is crucial to county economies—half of all commutes outside of London are by bus, and businesses say that well designed services in rural areas are crucial to supporting local economies. This is of particular importance given the substantial number of small businesses in counties”.

I fully support the amendment. In my area I have supported the community right to bid, which has safeguarded many assets that the community holds dear: the local pub, village shops and post offices, and many other facilities. Local communities are capable of innovative and far-reaching plans for their assets, which will now provide facilities that have gradually been eroded over time. Everyone valued them but felt powerless to prevent their demise. Communities run community libraries in pubs, plus shops, cafes and drop-in centres, as well as serving beer. They run lunch clubs for the elderly and isolated, and there is often quite a queue forming in order to ensure that they get a seat next to their friends so they can chat happily while enjoying a cooked meal.

Bus services are also part of community assets. Those in a hurry often bemoan the fact that some rural services meander around villages, picking up people on the way. However, this “meandering around” is vital to ensuring that those on low incomes, those who are frail and can no longer walk long or even short distances, and those who have given up driving their cars, are not left lonely and isolated—prisoners in their own homes. Often those on the bus will notice that a resident who usually joins them is not there. They raise their concern and alert neighbours to this fact, ensuring that a visit is made and their welfare taken care of.

Amendment 121 is clear and speaks for itself; the noble Baroness, Lady Jones, eloquently laid out the case for it. As a country we have come to believe that profit is a good thing and must come before all other considerations. But profit must not be allowed to thwart community enterprise. Communities deserve better and all possible efforts must be made to ensure that operators are found to run bus services that do not run at a tremendous profit or are in danger of being axed. If this cannot be done, communities should be given the opportunity to see if they can find a solution. Nine times out of 10 they will manage it. We are a very innovative nation. I look forward to the Minister’s response.