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

Full Debate: Read Full Debate
Department: Department for Transport
None Portrait The Chair
- Hansard -

May I apologise to members of the public in the Gallery? When I was chairing on Tuesday, I made the point that I would announce Members and their party, for people in the Gallery who are visually impaired. Our last contributor was Steve Race, the Labour MP for Exeter. I call Siân Berry, the Green MP for Brighton Pavilion.

Siân Berry Portrait Siân Berry (Brighton Pavilion) (Green)
- Hansard - -

It is a great pleasure to serve under your chairship, Dame Siobhain. I will speak primarily about my amendments 29 to 31, but I will also say a few words about clause 31.

Amendment 29 would amend clause 30(1), which concerns the guidance for stopping places for bus stops. It is a very good clause, but my amendment would ensure that the Bill specifies additional information to be included in the guidance so that it is truly comprehensive as to what bus users need at a bus stop. It includes reference to safe and accessible travel to and from bus stops in the surrounding area, not just accessibility from the bus stop to the bus, as well as reference to toilet facilities for both passengers and drivers. It aims to ensure that clear information is set out, including standards written into the guidance for real-time bus information. If my amendment is not agreed to, I would appreciate some reassurance from the Minister that those issues will be considered in the guidance. There is a strong case for ensuring that the guidance covers them. Additionally, I support amendments 40 and 42, which would usefully replace “may” with “must” in respect of the guidance.

In ensuring safe and accessible travel to and from bus stops, it is important that we ensure that people can get to them across things like junctions or main roads that are difficult to cross. People often need to be able to get from the bus stop where they get off to one on the other side of the road to get the bus back. In almost every case, they will need to cross the road that the buses use, so that they can switch directions. An accessible route across the road between two bus stops is an essential component of accessible travel, and it needs looking at in the guidance.

I have a very long history of work on toilets, from my time in the London Assembly. That is primarily down to my former colleague Caroline Russell, who is still in the London Assembly advocating for the issue. The cross-party transport committee in the London Assembly, which at the time was led by a Conservative, published a great report called “Driven to Distraction”, which has been submitted as written evidence. It sets out various issues that bus drivers face—pressure, fatigue and all sorts of things that I will address later. Recommendation 5 in the report makes it very clear that the need to use a toilet is an issue for many drivers. We have many more female drivers with serious pressures on them, particularly if they have their period. We also have some older drivers who may experience difficult issues in trying to access toilets while they work.

Making sure that drivers have access to toilets is very important. I also draw Members’ attention to the written evidence from Lorraine Robertson, a veteran bus driver. She has worked with other bus drivers to put together what she calls the bill of rights for bus drivers, which contains the right to a clean, serviced toilet and rest facilities on all bus routes. That is incredibly important.

Other work done by the London Assembly, including by my former colleague Caroline Russell, includes highlighting the loo deserts that exist on the tube network. It is very easy for an individual London Assembly member to gather information on that; they simply have to ask Transport for London. However, it is much harder to gather such information on bus stops and bus routes, which is one reason why I am trying to put a requirement into the Bill. The fact that someone can travel for half an hour or more on the tube with no toilet services available was instrumental in persuading the Mayor of London to start correcting the situation. He has adopted a goal that sets out a maximum travel time before there is access to a toilet near or inside a tube station.

Ministers should consider having a standard for a maximum travel time on buses before there is access to a loo, for the benefit both of drivers and of passengers. I think that the Mayor of London has adopted a standard of something like 20 minutes. When we think about bus routes in smaller towns and cities, access to a public toilet within 20 minutes of travel time is not an onerous thing to make local transport authorities pay attention to.

On information, I refer hon. Members to the “Better Bus Stops” report by the Campaign for Better Transport, which has done extensive research into what is needed for bus stops. The report talks about having things like toilets at all interchanges. The campaign is very clear that real-time information is incredibly important, but currently there is no national standard. In Brighton and Hove, at Preston Park station, the real-time information for people disembarking from trains, telling them when the next bus is arriving at the nearest bus stop, is out of action because the bus company and the council are switching to a new system. It would be really good for the Government to start laying out standards for a good bus stop and good real-time information, and for local transport authorities to start adopting a common system that can stay in action instead of being switched around when contracts change. Those would all be real improvements to clause 30 that the Minister should consider.

Amendment 30 would amend clause 30(7) by adding to the definition of “facilities” information about access to a bus stop in the nearby area. That would make it a bit clearer that that information is part of the facilities around bus stops, to make them more accessible. I have received some correspondence from campaigners who are in the room today asking that my amendment 30 be withdrawn. I just want to clear up a slight misunderstanding. The amendment does not refer specifically to crossings across cycle lanes or anything to do with floating bus stops. As I have said before, it is primarily about ensuring that bus passengers can reach their return stop accessibly, but also that they can cross nearby junctions. That is what the amendment refers to.

On clause 31, I would like to add some words of support. I am very persuaded by some examples that I have been shown by campaigners, particularly about shared borders, which I understand that Ministers are now reconsidering have any support for at all in the guidance. I have also seen some very bad examples of inadequate traffic islands and crossing facilities for floating bus stops. I have heard very convincing testimony about the guidance on the placing of zebra crossings across cycle lanes. When bus stops are used by multiple routes, buses are often unable to stop at the place where people might expect; the bus will sometimes have to stop much further back, and it really does create confusion, so real thought needs to be put into the guidance. By and large, clause 31 is very good as it stands, but we should feed learning into it on an ongoing basis. That is best done through guidance, not through a moratorium or by putting anything too specific into the Bill. It is important that it can be adjusted when learning arises from practice.

--- Later in debate ---
Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
- Hansard - - - Excerpts

Am I right that the hon. Lady is suggesting that a partially sighted person or a disabled person is somehow lower down the hierarchy than a cyclist, simply because they are on a bus rather than walking or cycling?

Siân Berry Portrait Siân Berry
- Hansard - -

Let me clarify. Absolutely not: the hierarchy starts with people who are on foot or wheeling, and it moves down, via cycling, with motor vehicles at the bottom.

I would like to read out the evidence from the London Cycling Campaign. Its design solutions would ensure that the roads are safe, and many of them involve having extra space. The evidence sets out that

“extra space could also mean wider pavements, better sightlines”,

for cyclists who need to give way and

“less fraught interactions at floating bus stops between different mode users.”

The London Cycling Campaign argues that we should

“ensure bus services, walking, wheeling and cycling all get appropriate priority and capacity in funding, design guidance and on the ground in terms of physical space. And that likely means being more willing to reduce space and priority for private motor vehicles in more locations.”

That hierarchy is what I referred to. Where things are really difficult, it may be the right solution in a lot of cases to keep the bus on the main carriageway and make the other vehicles wait. However, that is for the design guidance. None of us is a traffic engineer—unless a Member wants to interrupt and point out that they are. That guidance must be produced in consultation with disabled people, particularly those who are blind or partially sighted, and it must also have the hierarchy in mind. Those designing the guidance should be much more willing to take space away from vehicles and to keep buses on the carriageway, if that is necessary to provide sufficient space to ensure that the roads are safe and accessible.

Joe Robertson Portrait Joe Robertson (Isle of Wight East) (Con)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Dame Siobhain. I rise to talk briefly about floating bus stops and therefore new clause 47. Floating bus stops exist not least to help with the flow of cyclists, and I support that aim, but they present challenges for the safety of pedestrians, particularly those with disabilities. As ever when it comes to sharing the highway, pavements, and areas in and around bus stops, everything is a balance. It is about satisfactorily mitigating the risk.

The challenge with floating bus stops relates particularly to people with disabilities. Of course, cyclists have a responsibility not to hit people, and the vast majority of cyclists are safe users of roads and cycle lanes. Some people, not everyone, have a slightly old-fashioned—I might say ignorant—assumption that somebody with a disability will be very visible, and that it should be obvious to cyclists that they need to take special care. That is simply not the case. That is an old-fashioned, outdated and, as I say, in some cases ignorant view. Disabilities, including physical disabilities, can be very hard to identify.

I would support the prohibition of new floating bus stops, and I support all the elements of new clause 47, which is about safety and about recognising the challenges, particularly for those with disabilities. We need to get this right. I urge the Government to support the new clause.

--- Later in debate ---
Siân Berry Portrait Siân Berry
- Hansard - -

Will the Minister give way?

Simon Lightwood Portrait Simon Lightwood
- Hansard - - - Excerpts

This is a very long response. I will make a little more progress.

Siân Berry Portrait Siân Berry
- Hansard - -

It is on a point of clarification.

Siân Berry Portrait Siân Berry
- Hansard - -

On the budgets that the Minister just mentioned, was he clear that the money for retrofitting will come out of active travel funding, rather than bus services funding, or is it a bit of both?

Simon Lightwood Portrait Simon Lightwood
- Hansard - - - Excerpts

A range of funding pots could be used for the remediation work. As I mentioned, the pause will focus on designs where passengers board and alight directly into a cycle track shared between pedestrians and cyclists. Research by University College London, commissioned by the Guide Dogs for the Blind Association, identified such layouts as particularly problematic. The hon. Member for Wimbledon specifically raised the question of auditing existing floating bus stops. Clause 32(1)(b) will place a duty on local authorities to respond to requests from the Secretary of State for information on stopping places. That power is broadly drafted and would allow the Secretary of State to ask for information about the number and location of floating bus stops provided by the authority. Transport for London has also undertaken a form of audit on its floating bus stops.

We expect such audits to naturally form part of developing local funding programmes. However, my Department will ask local authorities to undertake that work, alongside setting out to them its expectation on the pause. We will work together with local authorities in a pragmatic way to collate information on floating bus stops. Much of the information is already held by local authorities, and I recognise that it is important to addressing this issue. Local authorities will be able to use a wide range of existing funding streams to audit floating bus stops in their areas. For example, the consolidated active travel fund includes capital and revenue elements that can be used for audits, early feasibility work and capital remediation schemes.

I have heard the concerns of hon. Members about the behaviour of some cyclists. I am happy to set out my commitment to working with local authorities, Active Travel England and bus operators in this space to support awareness raising through communication on this issue. On Report, I will return with further updates on the Government’s plans. I reiterate the Government’s commitment to enabling more people to walk, wheel and cycle. Good-quality segregated infrastructure is vital to making cycling safer. However, we must ensure that it is delivered in a way that keeps the public realm accessible for everyone. As I outlined, my Department and Active Travel England are focused on helping local authorities to implement change in a way that is more consistent and accessible, through research, awareness raising and good practice.

Moving to the amendments, I will begin by discussing amendments 40 to 43. Amendment 40 would place a mandatory requirement on the Secretary of State to give guidance on the safety and accessibility of stopping places. Clause 30 as drafted gives the Secretary of State flexibility to issue guidance when it is appropriate and based on proper evidence, engagement and policy development. Replacing “may” with “must” in clause 30(1) would create a statutory obligation, impacting that discretion. Such a duty could risk forcing the premature publication of guidance, before the necessary consultation, or the gathering of evidence or stakeholder input, has been completed. That could lead to guidance that is incomplete, inconsistent and frankly unfit for purpose.

I have already spoken about the requirement to consult DPTAC, the Disabled Persons Transport Advisory Committee. That will ensure that any guidance developed is effective, proportionate and responsive to the needs of all passengers. I would like to reassure the Committee that this Government are committed to publishing guidance to ensure that stopping place infrastructure around the country is safer and more accessible to all. However, I am concerned that amendment 40 would frustrate, rather than support, our ability to ensure that the drafting works for all passengers.

--- Later in debate ---
Siân Berry Portrait Siân Berry
- Hansard - -

I am very impressed with the clause; it adds good things to the Bill and it is appropriate that drivers are given good information and training on how to deal with crime and antisocial behaviour. Some of the concerns raised by the shadow Minister are covered in proposed new section 144F(2) of the Transport Act 2000, where it says “respond appropriately”. In many cases, the appropriate response may be to call the police, and sometimes it may be to report back to senior people within the organisation or merely to ask that CCTV be reviewed to see whether an offence has been committed. Those are all appropriate actions that do not put people in any danger.

I also want to speak in support of amendment 61, from my Liberal Democrat colleagues. It would be a very good addition to the clause, because many sub-crimes—things that fall below the level of crime—will still raise alarms to do with domestic abuse. A lot of progress has been made in training people who work in pubs and nightlife on the Ask for Angela service. Bus drivers may also be approached and potentially asked for support or help to get away, and they need to be able to respond appropriately. People need training on how to spot others who might be in danger and to act appropriately.

Will the Minister also give us some reassurance? The clause contains the very broad definition of

“criminal offences that would cause a victim or potential victim of the offence to fear for their personal safety”.

I want to raise the issue of child criminal exploitation; I tabled related amendments to the Crime and Policing Bill on Report. Issues such as county lines and spotting children in danger could be part of this training. During that debate, I also spoke about the need for people to treat children as children, not criminals, as they might be vulnerable or in danger themselves. There are also issues around unconscious biases and the adultification of black children in particular. Those things might all potentially be within the scope of this training, because it is important that people are given more duties to deal with criminal issues and training to avoid some of the pitfalls.

Finally, I ask the Minister for an update on discussions with trade unions and the potential new duties in amendment 73, tabled by the hon. Member for Middlesbrough and Thornaby East (Andy McDonald). Since he is not a member of the Committee, I want to make sure that the Minister responds to his question about involving trade unions to ensure that training is prepared appropriately and in discussion with them.

Simon Lightwood Portrait Simon Lightwood
- Hansard - - - Excerpts

I thank the hon. Members for Wimbledon, for North Norfolk, for South Devon and for Didcot and Wantage for tabling amendment 61, which seeks to include domestic abuse, as defined in the Domestic Abuse Act 2021, as part of the mandatory training for bus staff on crime and antisocial behaviour.

I am glad to confirm to hon. Friends and members of the Committee that clause 34 already captures domestic abuse. That is because domestic abuse is a criminal offence, and the clause outlines that training must cover

“criminal offences that would cause a victim or potential victim of the offence to fear for their personal safety”.

Furthermore, under the powers in the clause, the Secretary of State will be able to issue guidance that will cover behaviours associated with violence against women and girls. Through that guidance, bus operators will be made aware of the breadth of different types of violence against women and girls, and how to train their staff to identify, respond to, and, where it is safe to do so, prevent incidents of such behaviours occurring on the bus network.

To answer the question from the hon. Member for Broadland and Fakenham, guidance on training requirements will be developed in consultation with stakeholders, drawing on existing good practice. The ambition is to empower drivers and other staff to recognise and be able to respond to acts of antisocial behaviour and violence against women and girls, which may involve passengers, themselves or their colleagues. When determining how drivers and other staff should respond to such incidents, a key consideration will be how to ensure that the personal safety of the employee or employees is not put at risk. I hope I have provided enough assurance for the hon. Member for North Norfolk to feel able to withdraw amendment 61.

Amendment 52, tabled by the hon. Member for Broadland and Fakenham, seeks to ensure that guidance issued under the powers in clause 34 does not lead to staff placing themselves in danger at any stage. The Government listened to concerns raised in the other place, including from the hon. Member’s party. We tabled an amendment to clarify that staff will be trained to prevent incidents only where it is “safe to do so”. For the benefit of the Committee, I confirm that staff will not be expected to put themselves at risk or in danger at any stage. Training on crime and antisocial behaviour will help staff to understand ways in which to de-escalate and defuse situations that occur on the bus network. That is a key part of the Government’s vision for making buses safer and more inclusive for all passengers—and, in the case of this clause, particularly for women and girls. I hope the hon. Member is satisfied and will therefore not press his amendment.

Amendment 73 was tabled by my hon. Friends the Members for Middlesbrough and Thornaby East, for Clapham and Brixton Hill (Bell Ribeiro-Addy) and for Easington (Grahame Morris). It would require public service vehicle operators to consult trade unions before preparing training for bus drivers and staff who deal with the travelling public, or issues relating to them, on how to identify, respond appropriately to and, where safe, prevent criminal and antisocial behaviour. Specifically, it would mandate that trade unions be consulted on the proposed content and implementation of the training.