Bus Services (No. 2) Bill [Lords] Debate

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Department: Department for Transport
Euan Stainbank Portrait Euan Stainbank (Falkirk) (Lab)
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I refer hon. Members to my entry in the Register of Members’ Financial Interests and declare an interest as co-chair of the all-party parliamentary group for British buses.

Within my constituency and the neighbouring constituency of the hon. Member for Alloa and Grangemouth (Brian Leishman) are two sites of the UK’s largest bus manufacturer, Alexander Dennis, which employs around 400 people in Falkirk, with thousands more jobs dependent on the buses created at Falkirk. Manufacturers will welcome new clause 38 and the certainty that it gives by consolidating the provisions of the Bill in Scotland.

Bus manufacturing in Britain has been in difficulty in the past year, partly due to the failure of the previous Government to deliver on their pledge of 4,000 British-built, zero emission buses by 2024. In the end, they supported just over half that number, with just under half being bought from abroad. The Tories funded too few buses and got far too many of them from elsewhere in the world.

Then there was a second policy failure, this time by the Scottish Government’s recent ScotZEB 2 programme, which saw less than one fifth of its buses come from Scotland’s only bus manufacturer and more than three times more come from China. Standing up for Scotland—aye right! Both the Conservatives and the Scottish National party did not take the protection of the domestic bus manufacturing sector seriously, and their failure has jeopardised hundreds of jobs in my constituency and potentially thousands in the supply chain across the country.

All this is to say that the future of a domestic industry that we will need if we want to see a green, clean, safe and effective bus network is contingent on legislation that supports the effective domestic procurement of buses and enables local authorities to make decisions that are right for their area and put the passenger first. The Bill does an excellent job of delivering on those priorities, with a streamlined and more flexible franchising process, stronger powers for grant funding from local authorities, and local authorities able to order in bulk, as in the case of the Bee Network in Manchester.

The Bee Network was bolstered by 254 buses ordered from and built in Falkirk. I will never miss an opportunity to remind the House that the Bee Network’s buses were reliant on the skills and craftmanship of bus manufacturing workers in Falkirk, more than they were reliant on any other place. That is thanks in no small part to the instincts and political foresight of the Mayor of Manchester to work in the national interest—instincts that will be empowered across the country by the provisions in the Bill. If only we had the same foresight from the Scottish Government, who must now deliver on their commitment to a prospective rescue deal for Alexander Dennis workers following the excellent engagement and flexibility of our Transport, Cabinet Office and Scotland Office colleagues.

It is welcome that, following consultation, the ban on registering non-zero emission buses for local services will start no earlier than 2030, as moving too fast on the necessary transition to zero emission vehicles would create a degree of risk for domestic manufacturers in the current market. This year, the industry reported that 35% of ZEV buses purchased in the country by local authorities and operators will come from China, compared with 10% only two years ago. That is an alarming share to have been taken out of our domestic manufacture. We must address that before we throw ourselves head-first or too fast into building an exclusively clean, green and foreign fleet across the country.

While I am sympathetic to the well-intentioned environmentalist calls in amendments 62 and 63 from the Green party to accelerate the non-zero emission buses ban, that approach would risk creating a situation in which authorities and operators would likely be compelled to buy from abroad, further undermining the competitiveness of our domestic industry, on which my community relies. I would more than welcome Green Members’ engagement with the all-party group to discuss how the House can align British industry with the laudable intention of those amendments. The UK timeline will align with the transition in Scotland, as I mentioned, as is addressed in the Secretary of State’s new clause 38 and amendments 46 to 48.

Accelerating our ambition beyond what domestic capacity allows would create a risk that local authorities and operators would be compelled in the long term to buy an unsustainably high proportion of their fleet from abroad, from manufacturers who have received decades of state subsidy elsewhere. I repeat the ask of my all-party parliamentary group for Ministers to use the work of the bus manufacturing expert panel to map out a fully funded and coherent pipeline of zero emission bus orders that can be met by our world-leading domestic manufacturers, and provide the certainty that the sector—especially workers in Falkirk this week—needs before the ban comes in in 2030.

As I mentioned, Falkirk has already seen the benefit of local authority-controlled bus networks, with Labour-controlled Liverpool and Manchester combined authorities making clear strategic commitments to partner with UK manufacturers and ordering significant numbers of buses from Alexander Dennis. Considered strategic and small-p political local leadership can often make more effective policy decisions than the private sector or—I acknowledge—lazy franchisers, who all too often simply look to the cheapest price rather than considering our national, industrial and economic interests.

More authorities operating like that, in tandem with the upcoming changes to the local authority procurement framework, could see us not just protect jobs in Falkirk in the short term but materially enable an expansion of the industry. That is essential to delivering the socially positive outcomes clearly articulated by hon. Members in new clause 45 and amendments 7 and 16, to mention just a few. We cannot forget the social benefit of an industry that provides an additional 3.25 jobs per job hired in manufacturing. The benefits are seen in quieter and smoother journeys, but also in jobs created and protected, taxes paid and communities strengthened.

The Bill seems on the whole to be about building up the powers of our local authorities, but it also gives us an opportunity to build up the bus manufacturing industry while we set our minds to the task of improving local transport. The Bill on the whole is better for passengers, better for local authorities, and hopefully better for British workers. With the Bill we can deliver a transport system that is clean, affordable and reliable and a bus manufacturing industry that thrives for decades to come. First stop, Falkirk.

Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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With an immediate five-minute time limit, I call Tom Gordon.

Tom Gordon Portrait Tom Gordon (Harrogate and Knaresborough) (LD)
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I will start by speaking to new clause 2, which stands in my name and is supported by over 70 colleagues from across the House. It calls for the removal of time restrictions imposed on disabled bus passes.

Under the English national concessionary travel scheme, eligible disabled people are entitled to free local bus travel. The policy rightly recognises that, for a variety of reasons, disabled people rely on public transport to access healthcare, work and education, as well as for family and community purposes. The policy also recognises that disabled people are more likely to require financial support, as they face disproportionately higher costs of living. Yet from 11 pm to 9.30 am on weekdays, that entitlement becomes void, dependent instead on whether travel authorities choose—or even can afford—to extend the benefit. Disability Action Yorkshire, a charity in my constituency, first highlighted the absurdity of the restriction to me last year. Since that meeting, I have been campaigning to have the time restrictions removed. I have met and received support from a number of charities that work with disabled people, including Transport for All, Whizz Kidz, Bus Users UK and the RNIB. The consensus is clear: the current restrictions have huge impacts on the everyday lives of disabled people. The amendment would require the Secretary of State to remove the time restrictions imposed by the ENCTS, allowing disabled passengers to travel for free, 24 hours a day, seven days a week, regardless of their postcode.

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Siân Berry Portrait Siân Berry (Brighton Pavilion) (Green)
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I thank my fellow members and the Chairs of the Public Bill Committee for the work they did; I felt work on the Committee was very constructive from the different Opposition Members. It followed some very constructive amendments that were made and agreed in the other place, too, including on villages and vision zero for road danger. I was sad to see so many good ideas defeated and removed in Committee. I think this issue crosses party boundaries; it should be about practicalities, not party politics.

On road danger, I am pleased to have tabled new clauses 41, 42 and 43, with support from members of the RMT, which seek to improve safety through driver support and wellbeing. These measures are all necessary to achieve vision zero for road danger for our buses.

I am full of support for new clause 2 and other measures that seek to remove time restrictions on concessionary bus passes. Having these time restrictions is a major disincentive to working. The Government cannot keep dodging this contradiction in their stated policies, and must act to enable disabled people’s mobility and enact real equality.

Young people, too, have received attention with the new clause tabled by the hon. Member for Poole (Neil Duncan-Jordan) and in Liberal Democrat measures. I myself have tabled new clause 44, which seeks simply to enact a policy that is already in place in Scotland in order to give free bus travel to anyone under the age of 22.

Today, however, I want to advocate mainly for clean air, as the promoter of the Clean Air (Human Rights) Bill—Ella’s law—and for toilet access to be taken seriously by Government in relation to buses. My amendments 62 and 64 would help to fix those policy gaps. The clauses in the Bill on zero emission buses seem to block the highest ambition by not setting the earliest date for a mandate on new procurement of zero emission buses until 2030. That is a really long time still to be buying dirty, diesel-powered buses. It is extremely poor when dirty air is a killer, and when in certain streets and hotspots—often where the least advantaged live—cleaner buses can make a real difference and it is in the gift of public authorities to deal with it. I believe that the Mayor of London and Transport for London began procuring zero emission buses only as long ago as 2021. Given that some London routes are very long indeed, such buses could be introduced in other areas much sooner. With the right help and investment, the infrastructure could be built and good, green jobs could be filled, as implied by the hon. Member for Falkirk (Euan Stainbank). I have yet to hear good reasons from Ministers why the clause is so tragically unenterprising.

Another vital issue of equality is ensuring that access to toilets features in local transport plans for bus infrastructure and facilities. This is the ideal time for me to be talking about this topic; I apologise to Members who have also been in the debate for a while. As Age UK said in January in its delightfully named “Lifting the lid” report, for older people, those with health conditions and many others, the availability of public toilets can determine whether they feel able to leave their homes. It is basic equality of mobility.

My Green colleagues on the London Assembly are famously very persuasive. Working with groups including Age UK, they have gained consensus and won investment, and targets have been set for toilet access on the tube network—toilets should be no more than 20 minutes of travel time away. The Minister talked about creating more accessible stopping places. That kind of standard access to essential toilet facilities on bus routes would enable mobility, and it is so achievable. I hope that Ministers will listen and take these proposals forward in their work.

Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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I call the shadow Minister.

Jerome Mayhew Portrait Jerome Mayhew
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We have had an interesting debate with around 25 to 30 speakers, and some themes have developed from it. A number of speakers mentioned disability access, particularly issues with floating and shared-border bus stops for those who are visually impaired or blind. Other speeches focused on concessionary travel during rush hour and concessionary companion passes. We also heard a number of descriptions of local bus needs in right hon. and hon. Members’ constituencies, particularly focusing on rural needs.

I want to pick out two or three speeches for commendation, starting with that of my hon. Friend the Member for Bridgwater (Sir Ashley Fox), who spoke in support of amendment 23 and new clauses 29 and 34. He highlighted a concerning failure by his Liberal Democrat county council, so if we want to improve bus services, we know where the Liberal Democrats can start. I commend the contribution from my right hon. Friend the Member for New Forest East (Sir Julian Lewis), who put his name to and championed new clause 47, which aims for companion passes to form part of the concessionary travel scheme.

I would like to mention the contribution from the Liberal Democrat spokesman, the hon. Member for Wimbledon (Mr Kohler), because he had a tiny pop at the Conservatives, particularly about new clause 10 relating to antisocial behaviour. I think this requires a bit of explanation. It was right of him to highlight that the position of His Majesty’s Opposition has changed on this measure, and I will explain why. When we discussed new clause 10 in Committee, the hon. Member will recall—if he does not, he can always refer to Hansard—that I was very sympathetic to the objective of his new clause, but, as I now accept, I took a rather narrow objection to its drafting. The new clause adds a description to a non-exhaustive list and is therefore technically not required, because the definition was already employed. The definition is one of nuisance, and audible antisocial behaviour is, by definition, nuisance. It was the lawyer in me coming out, and I was being slightly otiose.

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Simon Lightwood Portrait Simon Lightwood
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I completely agree, and unlike the Conservatives, we actually got it funded.

I thank hon. Members for the new clauses and amendments on the provision of socially necessary services. Clause 14 requires areas with enhanced partnership schemes to specify a process that will apply when a local transport authority wants to change or cancel a socially necessary local service. In franchising areas, existing legislation and measures contained in the Bill set out a detailed procedure governing changes to a franchising scheme. That includes changes to services specified in a scheme. Careful consideration has been given to the Bill’s measures, ensuring that there is an appropriate balance between consultation and burdens being placed on local transport authorities. The consultation requirement proposed by new clause 32 would be duplicative.

On amendment 2, when the Bill was debated in the other place, my noble Friend the Minister for Rail made a statement to the House to officially confirm that medical and educational establishments come within the definition of essential goods and services. My Department is also producing bespoke guidance for LTAs, which will emphasise that point.

The desired effect of amendment 5 is already sufficiently covered by the Transport Act 2000. On amendment 6, following the spending review settlement, LTAs will be allocated a significant amount of support through the bus fund to decide where they can invest in their services. My Department has committed to ensuring that funding is fairly allocated. The amendment runs contrary to the Government’s aims. Amendment 7 is contrary to the Government’s view that local leaders are best placed to make decisions on how they spend their funding. Restricting the range of choices for how a local authority does that would therefore go against the spirit of the Bill.

On amendment 8, the Department already publishes bus data through the bus open data service. That provides timetable, bus location and fares data for local bus services across England. The Department also publishes bus statistics through gov.uk. The majority of the statistics are updated annually, with information on bus fares made available quarterly. Providing further information directly to Parliament is therefore not necessary.

Amendment 60 would create practical challenges and may not provide the benefits the hon. Member for Brighton Pavilion (Siân Berry) is seeking. The needs of communities evolve over time. Services that previously ran may have been integrated into other bus networks through changes intended to make the bus route better reflect current needs. I also note that the amendment does not work because an operator cannot amend or cancel an already cancelled service. For the reasons I have outlined, I ask hon. Members to withdraw those amendments.

Amendment 14, tabled by the hon. Member for Wimbledon (Mr Kohler), with the support of the hon. Members for Brighton Pavilion and for South Devon (Caroline Voaden), would include training on domestic abuse, as defined in the Domestic Abuse Act 2021, in the mandatory training for bus staff on crime and antisocial behaviour. The hon. Member for Wimbledon tabled the same amendment in Committee. In Committee, I said that clause 34 captured domestic abuse because it is already a criminal offence. However, I must clarify that there is no specific criminal offence of “domestic abuse”. Under existing legislation, if someone commits a criminal offence and that behaviour also satisfies the definition of domestic abuse under section 1 of the 2021 Act, it is treated as an aggravating factor in the commission of the underlying offence, and that can also be considered during sentencing.

The definition of “abusive behaviour” in the 2021 Act includes physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological, emotional and other abuse. The measures in the Bill already account for abusive behaviours that are also criminal offences. However, that is unlikely to be the case for parts of the definition from the 2021 Act—namely economic abuse, or psychological and emotional abuse, which may not be criminal offences. Those abusive behaviours are less likely to be apparent, and I do not consider it reasonable to expect bus staff to be able to identify instances of such behaviour in the course of their duties. Should an incident escalate to a criminal offence that would cause a victim or potential victim to fear for their personal safety, it would be covered under the Bill. For those reasons, I ask the hon. Member for Wimbledon to withdraw amendment 14.

On minimum service levels, I thank the hon. Member for North East Hertfordshire (Chris Hinchliff) and my hon. Friend the Member for Heywood and Middleton North (Mrs Blundell) for tabling new clauses 22 and 45 respectively, and those who sponsored the new clauses. I also thank my hon. Friend the Member for Shrewsbury (Julia Buckley)—I always look forward to her reminder about Sunday services in Shrewsbury, and hope that those days are numbered given the Bill’s progress. The Bill will empower local areas across the country, including by giving them the tools to decide where to run services and their frequency. The Government expect local transport authorities to consider the transport needs of everyone in their area, including those in more rural parts, as set out in the Transport Act 2000. I clarify for the hon. Member for North East Hertfordshire that section 108 of that Act requires an LTA to develop policies that meet the transport needs of persons living, working, visiting or travelling in the authority area.

If an area chooses to franchise its bus services, it must consider lots of factors to determine the right level of service needed to support its communities. That level is likely to be different in different areas. Similarly, when an LTA considers an enhanced partnership, a lot of work is undertaken to understand the service level that the local area requires, and it will then work with operators to investigate how best to proceed. [Interruption.] I believe that I am being hastened on. [Hon. Members: “More!] I have never been so popular.

Finally, let me address the amendments on zero emission buses. In developing the Bill, we have taken into account the need to provide the industry with sufficient notice before the measure comes into effect, and with reassurance that it will not happen suddenly. We have also considered the impact on bus manufacturers. A significantly earlier date could impact on bus operators and passengers. The costs of decarbonising sooner could lead to reduced services, increased fares and an increase in car use. With that, I bring my remarks to an end. I thank Members for their contributions.

Question put and agreed to.

New clause 38 accordingly read a Second time, and added to the Bill.

New Clause 2

Extend eligibility for disabled bus passes

“The Secretary of State must remove the time restrictions on the use of concessionary travel passes for disabled people within the English National Concessionary Travel Scheme.”—(Tom Gordon.)

This new clause would require the Secretary of State to remove time restrictions on the use of disabled concessionary travel passes.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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The result of the Division is as follows: the Ayes were 69, the Noes were 400.