Bus Services (No. 2) Bill [HL]

Lord Hendy of Richmond Hill Excerpts

Consideration of Commons amendments and / or reasons
Monday 13th October 2025 Lords Chamber

Moved by

[Lord Hendy of Richmond Hill]

That this House do agree with the Commons on their Amendment 1.

1: Page 1, line 2, leave out Clause 1

[The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)]

I apologise to the House for my brief absence. In speaking to this Motion, I will speak also to the other amendments in this group and to Motions 1A, 8A, 8B and 29A. It is a pleasure to bring the Bill back to the House for its final stages and to engage on the remaining areas. This is an important Bill that empowers and provides local authorities with the tools to make the right decisions on bus services for their local areas. Debate on the Bill has considered the importance of local bus services and how we need improvement, so I hope that noble Lords will continue to support this ambition.

There have been changes since the Bill was last in this House. These include the removal of some amendments, such as the purpose clause, the assessment of the impact of national insurance contributions on accessing socially necessary local services, and the review of the provision of services to villages. There have been changes that extend the existing zero-emission vehicle measure to Scotland, which replicates the application in England. There is also a carve-out for Wales on some measures, and there are smaller changes on removing unnecessary data overrides and on the variation of franchises.

I thank the noble Lord, Lord Moylan, for tabling Motion 1A on the purpose clause. The Government have made it clear throughout the stages of the Bill that improving buses is a priority, and that includes services, performance and accessibility. But the Bill also goes wider, including cleaner and safer travel and providing the ability for local transport authorities to make their own funding decisions. The purpose clause would run contrary to this and could also have unanticipated effects on the interpretation of the Act and the exercise of powers under it. This is something that the Government cannot support.

Motion 8A from the noble Lord, Lord Moylan, seeks to review the impact of the £2 fare cap on socially necessary local services. My department has already published an evaluation of the first 10 months of the £2 bus fare cap. This showed that the cap delivered low value for money. Work is already under way to undertake a review on the £3 cap. Therefore, a legislative requirement for further evaluative work would be duplicative and unnecessary.

Motion 8A also looks at reviewing the impact of national insurance contributions on the provision of socially necessary local services, including transport for children with special educational needs and disabilities, or SEND. This would be impossible to implement, because it seeks a review three months after Royal Assent. Socially necessary local services are likely to take some time to be identified and agreed by local authorities, making any assessment premature.

I understand the ambition behind Motion 8B from the noble Baroness, Lady Pidgeon, but I cannot support Amendment 8C, which seeks to ensure that the £2 bus fare cap is maintained for passengers using services that have been identified as socially necessary local services. I have already set out that the £2 fare cap has been assessed as poor value for money and that work is under way to review the £3 cap. Therefore, any further legislative requirement would be duplicative and unnecessary. In addition, socially necessary local services have not yet been identified and any review into these will take time.

Finally, I turn to Motion 29A from the noble Baroness, Lady Jones of Moulsecoomb, on reviewing the provision of services to villages. I thank her for her engagement on this issue. I reassure her and others that the Government expect local transport authorities to consider the needs of everyone in their area, including those in more rural parts. Measures such as franchising or setting up a local authority bus company take time, so an assessment within two years would not leave enough time to capture and assess the full impact.

However, following discussions, the Government will commit to undertake a review of socially necessary local services and rural services after five years, which will include local bus services used by children with special educational needs and disabilities. The Bill is about improving local bus services. Therefore, this is the appropriate scope for a review of its impact. It is important and right to understand how these services are performing and supporting the local communities who truly need them. I hope this therefore delivers on the ambitions of the noble Baroness, Lady Jones, and those behind Motion 8B in the name of the noble Baroness, Lady Pidgeon.

For special educational needs and disabled children beyond this Bill, the Government have committed to improving inclusivity and expertise in mainstream schools so that fewer children need to travel long distances to a school that can meet their needs. The Government will bring forward a White Paper with plans to improve the SEND system.

I hope noble Lords will accept the other changes in this group that were made in the Lords and have not yet been debated. I beg to move.

Motion 1A (as an amendment to the Motion on Amendment 1)

Moved by

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Moved by

[Lord Hendy of Richmond Hill]

That this House do agree with the Commons on their Amendments 2 to 7.

2: Clause 4, page 2, line 32, leave out “relation to”

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Moved by

[Lord Hendy of Richmond Hill]

That this House do agree with the Commons on their Amendment 8.

8: Clause 14, page 10, line 27, leave out subsections (5) and (6)

[Lord Hendy of Richmond Hill (Lab)]

I beg to move.

[The Deputy Speaker (Baroness Finlay of Llandaff) (CB)]

I should advise the House that if Motion 8A is agreed to then I will not be able to put the Question on Motion 8B on the grounds of pre-emption.

Motion 8A (as an amendment to the Motion on Amendment 8)

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Moved by

[Lord Hendy of Richmond Hill]

That this House do agree with the Commons on their Amendments 9 to 27.

9: Clause 22, page 17, line 20, after “company” insert “to which subsection (5B) applies”

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Moved by

[Lord Hendy of Richmond Hill]

That this House do agree with the Commons on their Amendment 28.

28: After Clause 37, insert the following Clause—
“Use of zero-emission vehicles for local services in Scotland
(1) The Transport (Scotland) Act 2001 is amended as follows.
(2) Before the italic heading preceding section 36 insert—
“Zero-emission vehicles
35B Use of zero-emission vehicles for local services
(1) The operator of a service that falls within subsection (2) may not use a vehicle that falls within subsection (3) to provide the service in Scotland.
(2) A service falls within this subsection if it is a local service which has one or more stopping places in Scotland and which—
(a) is registered under section 6 of the 1985 Act, or
(b) is not required to be registered under that section because of section 13B(1)(a).
(3) A vehicle falls within this subsection if—
(a) it is constructed or adapted to carry both seated and standing passengers, with the number of seated passengers being more than 22 (determined in accordance with regulations made under section 26 of the Public Passenger Vehicles Act 1981),
(b) it is first registered under the Vehicle Excise and Registration Act 1994 on or after a date specified in regulations made by the Scottish Ministers, and
(c) the tailpipe emissions from it include any of the following—
(i) carbon dioxide,
(ii) carbon monoxide,
(iii) hydrocarbon,
(iv) nitrogen oxide,
(v) particulates.
(4) The Scottish Ministers may by regulations—
(a) specify descriptions of document that may be relied on in order to determine for the purposes of this section what is included in the tailpipe emissions from a vehicle,
(b) specify descriptions of vehicle in relation to which subsection (1) does not apply, and
(c) specify local services or descriptions of local service in relation to which subsection (1) does not apply.
(5) The date specified under subsection (3)(b) may not be before 1 January 2030.”
(3) In section 39(1) (penalties)—
(a) omit the “or” at the end of paragraph (c), and
(b) after paragraph (c) insert—
“(ca) operated a local service in contravention of section 35B(1) of this Act, or”.
(4) In section 81(4) (regulations and orders), in paragraph (b), after “35A(1)” insert “, 35B(3)(b)”.”

[Lord Hendy of Richmond Hill (Lab)]

My Lords, in moving this Motion, I will speak also to the other amendments in this group and to Motions 30A and 31A.

I thank the noble Lord, Lord Hampton, for his Motion 30A and efforts to raise the important issue of bus safety throughout the Bill’s passage. He is pursuing a Vision Zero programme for the bus sector, which would aim to eliminate serious injuries in the course of bus operations. As I said on Report, the Government are sympathetic to the aims of this Motion and we take safety incidents very seriously—in the bus sector and, indeed, on any mode of transport. The Government are committed to reducing the number of people killed and seriously injured on our roads and will publish a road safety strategy in due course—the first such strategy since 2011.

The noble Lord has been an excellent advocate for bus safety, and I am pleased to confirm to him that buses will be included in the strategy. This will be an opportunity to highlight existing good work in the sector, including that of Transport for London and the Bus Centre of Excellence. To take the Bus Centre of Excellence example, it has convened the bus knowledge sharing and incident network, bringing together industry experts, safety specialists and bus professionals to share knowledge, develop best practice and shape policy and regulatory improvements in bus safety.

Of course, road safety is inherently multimodal. It is important that we consider all road users and the environment they operate in, be that on foot, by bicycle, in a car or indeed on a bus, to protect people as much as possible. That is why my department has been looking closely at the safe system principles. This is an internationally accepted, evidence-based approach to road safety, underpinned by five pillars: safe roads, safe vehicles, safe road users, safe speed, and post-crash care. These principles are a core component of Vision Zero programmes that have been adopted both internationally, including by Australia and New Zealand following early adopters Sweden and the Netherlands, and locally by authorities such as West Midlands and West Yorkshire.

The Government will look to utilise these principles in their delivery of the forthcoming road safety strategy. This strategy will lay the foundation for government leadership while providing flexibility for local authorities to determine the most appropriate approach for their local circumstances.

This means that local areas can adopt Vision Zero programmes if they deem it suitable. Increasingly, local areas are doing just that. London’s Vision Zero programme is underpinned by a dedicated bus safety action plan and bus vehicle standards. It provides an exemplar of best practice for other local areas to aspire towards. This is already happening. The noble Lord will know that Greater Manchester and Oxfordshire, among others, have recently adopted Vision Zero strategies of their own. The Government welcome other local areas considering bus safety programmes, or even Vision Zero strategies for their areas, but it must be right for them.

I now turn to Motion 31A, which was previously brought by the noble Lord, Lord Woodley, and is now tabled by the noble Lord, Lord Moynihan, on the recording and publication of data on assaults. This Government wholeheartedly want to make the bus network safer for everyone, and this includes combating violence against women and girls. In considering whether to increase the level of reporting, it is important to also be conscious of the privacy of those who report incidents and whether individuals are comfortable with sensitive data being recorded and shared with external organisations.

I hope noble Lords will take comfort from the fact that the Government are already taking action to address violence against women and girls. We are due to publish a new violence against women and girls strategy shortly. We have also developed an evidence-based programme to tackle violence against women and girls on transport, working across government and with partners such as the British Transport Police.

I would also like to stress the importance of considering what is already captured by the police and avoiding any duplication. Statistics captured by the police include all incidents that have been reported to them, meaning that incidents of serious assaults and violence that occur on buses are already recorded. This is the case irrespective of whether incidents have been reported by victims, witnesses or third parties. These statistics also include incidents whether they are crime related or not—for instance, incidents not immediately recorded as a crime are still captured in the registration of an auditable incident report by the police. Bearing in mind, sadly inevitably, the sensitivity of some of the details in reports from individual women and girls, it is surely much preferable for these details to be held by the police rather than by local transport authorities or bus companies.

Therefore, I hope that the noble Lords feel reassured that the Government have and will continue to take action and that the amendments do not need to be pursued. I also hope noble Lords will accept the other changes in this group that were made in the Lords and have not been debated today. I beg to move.

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[Baroness Nichols of Selby (Lab)]

My Lords, I can tell the noble Lord about the nonsense, if he would like. For five years during that period I was a member of the Labour Party NEC, and, to my knowledge, whatever is in that book is probably a lot of nonsense as well.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, I am grateful for the opportunity to close this debate. I thank noble Lords for their contributions on the important topic of bus safety. To be clear, this Government want a safer bus network and that is why there are already measures in the Bill aimed at supporting this. The Government take this issue extremely seriously and are committed to delivering road safety improvement across the transport system.

Having listened to the points made on the recording and publication of data on assaults, I reiterate that the Government are already undertaking a programme of work to tackle violence against women and girls, particularly on public transport. We are also keen to avoid any duplication of data that is already captured by the police and to ensure that any captured data is kept by an authority that is supremely capable of looking after it.

We are no longer on Report, but I have listened to my noble friend Lord Snape and the noble Lord, Lord Holmes, for whom I have great respect. The matter of floating bus stops was discussed on Report. I made a commitment, as did the Minister for buses in the other place, which I will not repeat but which we will stand by. I therefore hope that noble Lords are satisfied and feel able not to pursue their Motions. I beg to move.

Motion on Amendment 28 agreed.

Moved by

[Lord Hendy of Richmond Hill]

That this House do agree with the Commons on their Amendment 29.

29: Page 41, line 12, leave out Clause 38

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Moved by

[Lord Hendy of Richmond Hill]

That this House do agree with the Commons on their Amendment 30.

30: Page 41, line 26, leave out Clause 39

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Moved by

[Lord Hendy of Richmond Hill]

That this House do agree with the Commons on their Amendment 31.

31: Page 41, line 32, leave out Clause 40

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Moved by

[Lord Hendy of Richmond Hill]

That this House do agree with the Commons on their Amendments 32 to 55.

32: Clause 42, page 42, line 26, at end insert—
“(1A) Section (Use of zero-emission vehicles for local services in Scotland) extends to Scotland only.”