Bus Services Bill [HL] Debate

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Department: Home Office

Bus Services Bill [HL]

Baroness Randerson Excerpts
Wednesday 29th June 2016

(7 years, 10 months ago)

Lords Chamber
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Moved by
1: Clause 1, page 2, line 11, leave out “are likely to achieve one or more of” and insert “will achieve”
Baroness Randerson Portrait Baroness Randerson (LD)
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My Lords, the Bill is a welcome recognition of the need for reform in the provision of bus services. The geographical divide that has existed and grown over the past 30 years has shown a pattern of decline outside London, while London buses have flourished—as, of course, have their passengers. That sharp contrast has been made all the sharper by the recent round of cuts to rural services but it is worth remembering that this situation has already defied two previous attempts to reform it. I said at Second Reading that without additional funding to local authorities it would be very difficult for them to make a difference, and I very much regret that since last Thursday it is likely that local authorities will have even less money because there was a significant amount of EU money in the transport budget.The Department for Transport is bound to recast its plans, and I fear that bus services could face reduced allocations.

Improving bus services is about more than improving their frequency or the number of routes. We have to persuade people to use the buses. We believe that the Bill needs to seize the opportunity to improve facilities for disabled people, to make the use of smart ticketing the norm, to reduce emissions, to encourage young people on to the buses and to put passengers at the heart of the service. The Bill makes a start on some of this, and I welcome that, but in our view it does not go nearly far enough in making the consideration of these issues the norm. Our amendments in this group are largely targeted at these issues.

The Bill is a skeleton. It leaves many crucial issues—the things that will decide whether it works or fails—to regulations to be made by the Secretary of State. Our amendments also seek to probe more of the detail. I draw noble Lords’ attention to the report of the Delegated Powers and Regulatory Reform Committee, which is critical of the skeletal nature of the Bill and the lack of a rationale in the Explanatory Notes for some of the powers to be conferred on the Secretary of State by regulation.

I also want to raise the impact assessments. When I picked up the document from the Printed Paper Office this morning, it was literally hot off the press. The Minister will know that I have been inquiring about the impact assessments, as have my noble friends, for some days. It is undermining the serious work of this House to produce impact assessments at this late stage when in practice it is impossible for people who are preparing for the debate this afternoon to take a full look at them. It undermines the purpose of the impact assessments as well.

This Bill has been a long time coming. We have waited over a year since it was first announced in the Queen’s Speech. It seems strangely rushed and uneven in the way in which it has been executed. It reads as if it were drafted by three different people taking on each of the three parallel systems—franchises, advanced quality partnerships and enhanced partnerships—and that those people never quite had the time to get together to make sure that the three parts were consistent. There is inconsistent use of phrases, including references to environmental factors in one part but not another; bus users are specified in one place but referred to everywhere else as “other people”; and in one place bus operators are allowed simply to make an objection to a scheme and in another place they cannot make an unreasonable objection. The purpose behind many of our amendments is therefore to find out more details as to why there are differences from one part to another. As the Delegated Powers and Regulatory Reform Committee points out, the Bill confers powers on the Secretary of State by way of regulations in one case,

“because the policy has not been finalised in time for introduction”.

These are the words of the committee, not my words.

Of the amendments in the first group that refer to advanced quality partnerships, Amendment 1 is symbolic of a number of amendments trying to sharpen up a Bill which generally reads as a rather a vague proposition. By proposing this we are certainly not seeking to dictate solutions to local authorities. It is simply that we believe that they need to consider certain key factors—not that they may consider them, but that they really have to consider them. It does not dictate the solution. There must be a determination to improve and to consider a broad range of aspects that make up a good bus service. In Amendment 3 we specify advance ticketing. That is a good example, because advanced ticketing is not just convenient for passengers, thereby attracting new users, but it also speeds up bus services. Greener Journeys has done research that shows that it speeds up bus journeys by about 10%, a significant improvement. If you are speeding up journeys and buses are not hanging around at bus stops, there is less congestion, which is good for air quality.

Amendment 4 inserts noise pollution as an additional factor of which local authorities should take account. The Bill is very light on noise pollution, which is a serious factor for people who live near main roads in particular. Amendment 2 specifically provides for a duty to consider rural areas. It is essential that this Bill provides mechanisms to address the rural crisis in bus services because there is a real danger that this will become an urban Bill if we are not careful. My noble friend Lord Bradshaw will address this in his remarks.

If the Bill is to achieve its aims, it has to tackle the core issues mentioned in Amendment 5A and to put them at the heart of these partnerships or franchise requirements. As it stands, the aims of the advanced quality partnerships are going to be pretty modest. The outcomes referred to in lines 19 and 20 on page two of the Bill could mean that they simply reduce the rate of decline. That is a very disappointing line to find in a Bill that asserts that it is about improving bus services.

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Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
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The noble Lord is correct in his understanding of BSOG, and I note the issue that he raised about rural services. He made a valid point about the impact that the proposal will have. I am conscious of that and will reflect further on it. I am always willing to take the advice and suggestions of the noble Lord, Lord Kennedy, and I will come back to him on any question that I have been unable to answer to noble Lords’ satisfaction.

Baroness Randerson Portrait Baroness Randerson
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Will the Minister agree to look again at the document that we received this morning, which has five and a half lines on rural proofing? That is nothing short of an insult to rural people, and it might be a good idea if the department looked again at that particular impact of the Bill. I am sure that we would all be grateful if he was able to bring forward more information and deeper thought on the rural impacts of the Bill, which go far beyond saying simply that it is up to rural local authorities how much they choose to spend on it.

Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
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As an urbanite, I will be pleased to take up the noble Baroness’s suggestion. We will take back how we can provide further detail on the elements and the points that she has raised.

Baroness Randerson Portrait Baroness Randerson
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I thank the Minister for his reply. He is right in his assessment that I am not satisfied with all his answers. I appreciate that some of the criticisms that noble Lords have raised this afternoon reflect the fact that the Minister has been put in a difficult position in respect of the impact assessment and the number of amendments. Having stood in his place in my time, I appreciate that one does not choose to be put in that situation. I hope he will look again at the aspects that have been raised this afternoon, particularly in relation to rural issues and to the general tone of the amendments, which as my noble friend pointed out emphasise access, to see whether the Bill can be sharpened up in a number of places to be more specific and more ambitious for bus operators and local authorities working together in whichever of the various forms of agreement. We are not seeking to tie the hands of local authorities; we are seeking to raise their ambition and to draw their attention to these things when they are considering arrangements. With that in mind, I beg leave to withdraw the amendment.

Amendment 1 withdrawn.
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Lord Berkeley Portrait Lord Berkeley (Lab)
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My Lords, the noble Lord, Lord Bradshaw, and my noble friend Lord Snape have a very good point when it comes to discussing big operators and little operators, because there are competition and quality issues. In Cornwall, where I live, there has, in recent years, been one major operator and one smaller one. On two occasions in the past five years, the smaller operator’s bus garage was torched. Whether it was deliberate or not I do not know, but the fact remains that something nasty went on there. The small operators ran a very good service—as did the big one—and it was good that they were both there. But somebody had something against them. That is something that we must all be careful about, because at that level it is not something for the competition authorities.

I do not think that the noble Lord, Lord Bradshaw, spoke to Amendments 19 and 68, and I do not quite understand his amendments. He wants to leave out, in the case of Amendment 68, a reference to,

“such other incidental matters in connection with franchising schemes as the Secretary of State thinks fit”.

I agree with him, because I am suspicious of that: it allows the Secretary of State to do whatever he likes, if he does not fancy doing what is in the rest of the legislation. I would support omitting those words—but I wonder whether the noble Lord or one of his colleagues fancies explaining what this is all about.

Baroness Randerson Portrait Baroness Randerson (LD)
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My Lords, I think I can probably help the noble Lord by speaking specifically about Amendments 19 and 68. One of the problems with the Bill is its scattergun approach to giving the Secretary of State additional unspecified powers. As the noble Lord has clearly picked out, these are two examples among dozens of broad powers. The Government have made a list, from (a) to (f), and then they say, “In case we’ve forgotten something, we’ll just give the Secretary of State the power to deal with life, the universe and everything”.

By putting these amendments before your Lordships, we hoped to probe exactly what the regulations might look like. To take up the theme of the Delegated Powers Committee report yet again, I say that the powers are too vague. The Secretary of State is being given very broad powers without specifying properly, even in the Explanatory Memorandum, what those powers will be used for.

Ideally, draft regulations should have been available by now, at least on one or two aspects of the Bill. It is hopelessly optimistic to think that they might be coming out any day now, because we have only just had the impact assessment, and we are still awaiting the response to the Delegated Powers Committee. But that is what we should be doing—looking at drafts to find out about the tenor of a Bill as broad and as dependent on regulation as this one is.

The success of advanced quality partnerships, and of enhanced partnerships and franchising, will stand or fall on the quality of the regulations. If the regulations are too onerous, the Bill will fall into the trap of the 2008 Act and prove impossible for local authorities to manage and implement, and will therefore fail. But the regulations have to be sufficiently ambitious and robust to deliver a true improvement in service.

I have spoken to Amendment 19. Amendment 68 is simply a similar example in the case of franchising. One amendment relates to advanced quality partnerships and the other to franchising. I remind noble Lords of the tenor of the criticism in the Delegated Powers Committee’s report.

Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark
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My Lords, Amendment 6, moved by the noble Lord, Lord Bradshaw, seeks to insert a new subsection saying that an operator can provide services only if those services are provided within an advanced quality partnership or another scheme that meets the outcomes set out in subsection (6). I support the amendment, as it seeks to ensure that we get some improvement in bus provision as a result of this legislation, and would leave less to chance.

The noble Lord, Lord Bradshaw, made some important points about congestion, the effect it has on bus services, and the other effects of poor air quality in many areas, including some of our smaller towns, villages and hamlets.

If the Minister is not going to accept the amendment I hope that we shall get a full explanation, because the Bill is driven by the need to improve bus services and save them from further decline outside London, and the amendment would be helpful in that respect.

Amendments 19 and 68, to which the noble Baroness, Lady Randerson, spoke, seek to restrict the power of the Secretary of State to make further provision under regulations about “incidental matters”. We ought to be careful when we give powers to Ministers. I suppose it all depends on who defines “incidental matters” and what the scope of those matters is. I am not against giving sensible and proportionate powers to Ministers, but I also want to see clarity and openness, and these provisions have a feeling of opaqueness about them. So I hope that when the noble Lord, Lord Ahmad, responds, we shall get a much clearer explanation about what is intended here; it will help the House enormously if he can give one.

The noble Baroness, Lady Randerson, was right to raise this issue. It is important that we get these things on the record, so that we can see what the Government intend to do. There may be a number of incidental matters, but if they all come together they could become one quite big matter, so we should be very clear what the Government’s intention is in this respect.

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Lord Snape Portrait Lord Snape
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Before the Minister replies, I hate to prejudge and pre-empt his reply, but I fear that he will say what Ministers in successive Governments have said over the years—that these are purely a matter for the local authority, which is of course free to introduce measures to control the increase in traffic.

Interestingly, as I am sure the noble Lord who moved the amendment will agree, it has just been revealed in published statistics that far from there being a war on motorists—a phrase that the Conservative Party and Ministers in Conservative Governments have used frequently—the cost of motoring in real terms has been getting cheaper over the past 30 years. Is it any surprise that congestion has got worse in those circumstances? I hope the Minister will say that the Government are prepared to take some powers themselves rather than saying, “It’s not a matter for us, it is a matter for elected mayors or anyone else who is a local authority to do something about congestion”.

All of us who take part in these debates know full well that, faced with the problem of sitting in a traffic jam in one’s own car or on a bus, the bus is very much the second choice. Only proper enforced bus priority and a proper congestion charge will make public transport more attractive, and not just in major cities; understandably, some of the Liberal amendments have been about rural transport. Again, if it were possible to travel as quickly and as cheaply—or more cheaply—on public transport than in one’s own car, the bus would become a more attractive proposition in rural as well as urban areas. The fact is that in current circumstances it is not. I hope that the Minister will be able to give us some reassurance that in future, in pursuit of the very noble cause of introducing or increasing bus travel, the Government will be prepared to introduce some powers to bring that happy situation about.

Baroness Randerson Portrait Baroness Randerson
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My Lords, my general point is that reducing congestion is a win-win measure. First, it reduces your journey times, and we need that reduction in journey times because they are lengthening at an alarming rate. I will give noble Lords one or two examples of recent research.

Research by London Travelwatch shows there is an “alarming” decline in average bus speeds, which are down to nine miles per hour. That deters people from getting on buses, even in London, which we hold up as a wonderful example of success. In the rest of the country, the situation is also very severe. Greener Journeys research shows a decline in bus speeds in Manchester. Why? In the west of England, between 2012 and 2015, there was an 18% increase in the number of vehicles registered. You cannot have that level of increase in the number of vehicles on the roads without a serious congestion problem, and I make the obvious point that the west of England is not perhaps an area that we think of as congested.

Not only will you reduce your journey times if you deal with congestion, you will also increase bus reliability. Research by bus user groups shows strongly that bus users rate reliability very highly indeed. In other words, they probably do not mind that much whether a journey takes 25 minutes or half an hour, but they need to rely on it being half an hour and not 40 minutes. We need to encourage new users, and they want reliability. At the same time, reducing congestion obviously reduces air and noise pollution. I say to the Minister that you may not have very high levels of air pollution in the countryside, but it is still air pollution and it adds to global warming; it matters to us all. It is important that we do not dismiss air pollution issues in rural areas either.

It is entirely sensible to specify reduction in congestion as one aim of any scheme. It is important that we bear in mind that these things fit together like pieces of a jigsaw, and the Bill will not be a success unless those pieces fit together.

Lord Bradshaw Portrait Lord Bradshaw
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My Lords, since we are talking about the west of England, I should say that I met the person responsible for providing bus services in the city of Bristol, and a rather ridiculous situation has arisen there. The Bristol omnibus company, whatever it is called now, has introduced lots of new buses. It has been summoned by the traffic commissioner because its services are unreliable. Bristol City Council has agreed to appear on behalf of the bus company against the traffic commissioner, because it has concluded that it is impossible to run a reliable service. It puts that down not only to congestion, but to the near free-for-all which has been allowed by the utilities to dig up the roads for roadworks. This is not because there is a gas leak or a burst water main, but because somebody needs their telephone connected. Perhaps the Minister would address the whole problem.

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Moved by
8: Clause 1, page 3, line 45, leave out second “may” and insert “must”
Baroness Randerson Portrait Baroness Randerson
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My Lords, I am very pleased to speak to the amendments in my name and that of my noble friend Lady Bakewell.

Amendment 8 would change a “may” to a “must”. I can almost live with the “may”s scattered liberally throughout the Bill, but two “may”s in one sentence weakens the impact to the point where it is hardly worth having the sentence on the page. I draw noble Lords’ attention to line 45 on page 3 of the Bill, which reads:

“The standard of services which may be specified in a scheme may also include”.

I am simply seeking, in a very modest manner, to say that it “must also include”—that is, if you utilise the first “may” in the sentence, you “must” specify certain things.

This relates to the issues that local authorities should consider when entering into advanced quality partnerships. The list of factors to take into account is fine in itself. It includes providing information to the public and a specification on how bus fares should be paid. There is evidence from across the UK that advanced and smart ticketing encourages people to use public transport because it makes it so much easier. By getting rid of one of the “may”s, I would hope to encourage more use of advanced ticketing. It is vital that there is as much as possible in the Bill to encourage it. It is good for bus operators as well as bus users, because they gain a higher income. What really surprises me is that, despite evidence from across Britain that this type of ticketing creates a higher income for bus operators, some still resist it. Over 90% of buses on our roads have the machinery to accept these sorts of tickets, so I think it is reasonable to ask for them to be used.

Amendment 15 is another attempt to bring some specificity to the Bill. It lists the key factors that need to be at the heart of the standards of service.

However, I now want to spend a little time on Amendment 13A, which would introduce a requirement for advanced quality partnerships to specify a reduced concessionary fare scheme for young people. We on these Benches want the UK Government to fund it because we believe it is time to produce a standard concessionary fare scheme for young people. I realise that we probably cannot demand that at this stage in the Bill, but we believe that there should be an obligation on local authorities, working with bus operators, to provide some sort of scheme.

Noble Lords will know that we have raised this issue before. We believe that it is a simple matter of fairness and equality. Young people are more likely than the rest of us to depend on buses to get around. They need them to access education, employment and training, as well as to stay engaged in society. Rural areas present a specific problem for young people because the bus fares are so much higher. Older people in our society benefit greatly from not just reduced fares but free—

Lord Judd Portrait Lord Judd (Lab)
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I am very much with the noble Baroness, as she will understand, but at this point will she underline that the National Union of Students has emphasised how vital buses are to students, who are finding it increasingly difficult to cope on their limited incomes?

Baroness Randerson Portrait Baroness Randerson
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I am very pleased to take the noble Lord’s point. The NUS has produced some excellent research findings. It has discovered that in many cases students are spending upwards of £20 a week, which on a student income is a considerable amount, just getting to college and back. My noble friend Lady Maddock made a point in a recent debate in the House about young people in rural areas. Buses travel for long distances through more than one local authority area, and young people at college studying the same course can pay very different amounts for their travel.

I was beginning to refer to the concession for older people. It has been hugely popular and hugely successful from a social perspective. There are all sorts of technical reasons in relation to reimbursement to bus operators, which I will not go into here, why there are problems with this concession being free. That is why our proposal is to reduce fares, rather than make them free, for young people.

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The noble Baroness, Lady Jones, asked about the review of concessionary fares. The review is looking at the statutory reimbursement structure of the national scheme, but we have no intention of introducing new national concessions. She asked whether issues of young people would be looked at in the review. I shall take that question away and confirm whether it is the case. I hope this discussion has reassured noble Lords that I am sympathetic to their concerns and that they will agree not to press their amendments.
Baroness Randerson Portrait Baroness Randerson
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My Lords, I urge the Minister to look again at the legislation relating to the entitlement of young people to concessionary fares. It is out of date and it ensures that they have concessions only to the age of 16. That is not fair and has not kept pace with the changing educational legislation. I urge him to speak to his colleagues in the Department for Education and discuss this with them, because it is an important issue of fairness.

I take issue with the noble Lord’s response that bus passengers’ needs vary from area to area. I understand that, of course—some areas have far more older people than others, and so on—but there are certain basic tenets, such as reliability, which local authorities, wherever they are in Britain, really should be looking at. I was disappointed in the noble Lord’s answer, because I thought the point of advanced quality partnerships was to raise the level of service above the lowest common denominator. Unless we have more ambition in what we ask local authorities to consider, without forcing them down a particular path in the way they deliver on it, the Bill will not be as successful as it needs to be. I am happy to withdraw the amendment.

Amendment 8 withdrawn.
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Moved by
9: Clause 1, page 4, line 10, at end insert—
“(e) requirements as to the standard and type of vehicles to be used, taking account of emission levels.”
Baroness Randerson Portrait Baroness Randerson
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At a time when the key spots in our towns and cities regularly breach EU limits on air pollution, I believe it is essential that the Bill reinforces the need to improve emission levels. Of course, some people in this country this week may be rejoicing at the idea that we will no longer have to worry about EU emission levels in a couple of years, but the fact that we have emission levels that we have to adhere to is a wonderful example of the advantages and huge benefits that being part of the EU has brought us. Whatever emission levels we choose to adopt in future years, bad and polluted air will still kill you. Therefore, it is important that we have stringent levels.

Many operators are doing an excellent job of reducing emission levels from buses. They are investing heavily in fleets which have very low, sometimes zero, emissions at the point when they are actually being driven. I have in recent weeks been on two electric buses and they were very impressive. However, this does not apply to all operators; some are lagging behind. The technology exists and it does not necessarily involve investing heavily in new buses. TfL has retrofitted buses with scrubbers in order to reduce emission levels—exhaust scrubbers have taken out many of the emissions from diesel vehicles.

I want to deal briefly with the other amendments in this group. I support the other amendments but I re-emphasise my point about retrofitting. The other amendments are very specific about new vehicles, but there is potential for dealing positively with older vehicles and I believe that the general tenor of the amendment in my name means that those operators which may have small fleets and less access to large amounts of capital could still manage to improve the quality of the emissions from their vehicles.

Lord Whitty Portrait Lord Whitty
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My Lords, I have two amendments in this group which go in broadly the same direction as that of the noble Baroness and were intended to apply to existing as well as new vehicles. It seems extraordinary to me that the Bill as first drafted does not contain a need to have regard to environmental standards—even through the word “may”. Over recent months there has been increased attention to air quality in our cities and sometimes in our countryside as well; quite rightly, because the health effect and the environmental effect of air quality deterioration, plus the Volkswagen scandal, and so forth, have underlined the need to move more rapidly on all sources of air pollution, in particular in relation to vehicles.

I should declare that I am the current president of Environmental Protection UK, the successor organisation to the National Society for Clean Air; it was the leader of the successful lobby that led to the Clean Air Act 50 years ago this year, which seriously cleaned up visible forms of air pollution and, indeed, many invisible forms as well. We need now to finish the job and we have the technology, both in retrofit, as the noble Baroness has said, and in new standards. Buses may not be a huge component of air pollution but, per person and per trip, they are large contributors if they are not treated or the standards are not met.

I hope that the Minister will take away, if not the wording of any of these amendments, a need to write into the Bill, both in this section and the subsequent section on franchising which my second amendment deals with, that some of the requirements must relate to the environmental standards of the vehicles and the total environmental impact of the fleets of franchisees or contract holders. If it does not, it is a serious omission and a serious lack of joined-up government between the Department for Transport, DECC and Defra when we are trying to tackle both climate change and air pollution. Whatever final form of words we come up with before the Bill leaves this House, this ought to be reflected in both sections of the Bill.

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Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
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My Lords, I align myself with much of the sentiment that has been expressed. The noble Lord, Lord Whitty, said that we should be clear in the Bill about reducing emissions and I think that that is a general sentiment we can all share. He referred in a previous discussion to innovation and how we look at technologies and, indeed, the Oyster card. I am sure if it was called the Whitty card we would feel a lot happier travelling on public transport. Perhaps that is a thought for the London mayor to contemplate. He was talked about just now as the next Prime Minister. We are certainly going to have one Prime Minister before that, if not more, from the Conservative side. Let us bear that in mind as the factual reality we have to face.

Coming back to the Bus Services Bill, I understand the aims behind these amendments and I agree totally that buses have a huge part to play in solving some of the country’s air quality problems and, indeed, combating global warming. I further agree that it would be beneficial to local people and our local environments if low-emission technologies were adopted more widely.

Starting with Amendments 9 and 11, the advanced quality partnership scheme allows the local authority to take a judgment on the vehicle specification that is most appropriate on individual corridors. These could be vehicles of no more than a certain age, a type of vehicle that best suits local road conditions or passenger needs, or vehicles that meet certain emissions standards. Provision for local authorities to continue fully to specify the type and standard of vehicle used under the advanced quality partnership scheme is already provided for in new Section 113E(4). This provision would also allow the local authority to specify the emissions standards of the vehicles concerned.

It would not be legally possible for the scheme to set standards for vehicles that are not used on routes covered by the scheme. The environmental performance of vehicles, beyond mandatory requirements, in the deregulated bus market outside partnership or franchising scheme areas or low-emission zones is very much a matter for individual bus operators. In view of this, the amendments submitted by the noble Baroness, Lady Randerson, supported by the noble Lord, Lord Bradshaw, would simply duplicate this existing provision. I hope that with the explanation I have given she will feel able to withdraw and not move her amendments.

Amendments 12, 23 and 88, in the name of the noble Baroness, Lady Jones, would require advanced quality partnership schemes, franchising schemes and enhanced partnership schemes to prescribe the specifications of the low-emission bus scheme. I stress again that the Bill is about devolution—giving local areas a broader suite of tools to enable them to improve local services in a way that suits them. I am concerned that the amendment as drafted may unnecessarily tie the hands of authorities looking to implement franchising, advanced quality partnerships or enhanced partnerships, requiring them to specify higher standards for vehicles than in other parts of the country.

Of course, it is important to note that these higher standards will bring extra costs. In franchising in particular, the authority must, among other things, describe the effects that the proposed scheme is likely to produce and consider whether the scheme is affordable. Requiring a higher standard for vehicles may well bring extra cost to the authority, which may lead it to decide that the scheme is not viable. There would also be a cost implication for operators. Where those standards are necessary, the legislation already allows local authorities to bring them forward. Where they are not necessary, they could end up being provided instead of other benefits for passengers that may be more important to local passengers and politicians.

Amendment 36 would require franchising authorities, as part of their assessment of their proposed franchising scheme, to consider the effects of the proposed scheme on air quality and carbon emissions. I am very sympathetic to the aims of this amendment and hope I can reassure the noble Lord that the Bill as drafted will already require authorities to consider how their proposed franchising scheme will impact on air quality and carbon emissions.

Franchising authorities have to conduct a thorough assessment of their proposed scheme, and then consult. I agree entirely with the sentiment expressed by several noble Lords that air quality and carbon emissions should be two of the areas that are considered by authorities when they are conducting their assessments. I assure noble Lords that we are in the process of developing statutory guidance to complement the provisions in the Bill and to which franchising authorities must have regard, and we will be looking to use that guidance to provide further explanation of how franchising authorities should conduct their assessments of their proposed franchising scheme. That guidance will of course mention the need to assess the impact of the proposed scheme on the air quality of the local area and on the levels of carbon emissions.

There are many ways in which we can encourage authorities and bus operators to utilise lower-emission vehicles. Under the green bus fund, government funding has helped put more than 1,200 low-emission buses on our roads since 2009. Building on that success, the current £30 million low-emission bus scheme should deliver hundreds more such buses over the next three years.

I hope this discussion has persuaded noble Lords that I agree about the importance of encouraging the take-up of low-emission vehicles, but I think there are more effective ways to achieve these aims across the country. On the point that the noble Baroness, Lady Jones, made, I am happy to discuss with her how we could look at drafting amendments—perhaps not to look at things retrospectively but, as we have discussed in meetings outside the Chamber, for future vehicles—to ensure the kinds of standards she asks for. Perhaps we could take some time to discuss how we can move forward on that front. But with those explanations of where we are currently, I hope noble Lords will be minded to withdraw and not move their amendments. I hope my final comment may have at least brought a smile—which it has—to the noble Baroness’s face that we are in listening mode. I agree with the sentiment expressed by many noble Lords that this is an opportunity. We have waited a long time to bring this forward. The legislation is now in front of us and it is up to us to improve it to provide the kinds of services we need around the country.

Baroness Randerson Portrait Baroness Randerson
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I am pleased that the Minister is willing to review at least one of the amendments in this group. This is part of future-proofing this Bill. The technology on low-emission vehicles is moving on so fast that if such a requirement is not in the Bill, the Act as it will become will look anachronistic in four or five years’ time. I remind noble Lords that we are seeking to put right problems caused by a transport Act from 1985. Such Acts last a long time and we have to make them fit for the future. I was disappointed that when I read the Bill through I could find only one reference to emissions levels. I might have missed one but I would not have missed many. They were hard to find. That is simply not good enough in 2016. We have to do all that we can to re-emphasise to the industry and to local authorities that we are talking about particularly the health of young children but also the health of the population as a whole. On this occasion I am prepared to withdraw the amendment.

Amendment 9 withdrawn.