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

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Department: Department for Transport
None Portrait The Chair
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I remind the Committee that with this we are discussing the following:

Amendment 67, in clause 28, page 24, line 37, after “nuisance” insert

“, including sustained anti-social auditory disturbance.”

This amendment would allow local transport authorities to prohibit disruptive anti-social forms of noise such as from telephones through byelaws.

Clauses 28 and 29 stand part.

Simon Lightwood Portrait The Parliamentary Under-Secretary of State for Transport (Simon Lightwood)
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As I was saying this morning, clause 28 enables local transport authorities to introduce byelaws to tackle antisocial behaviour on vehicles, as well as within and at bus-related infrastructure, such as bus stations. The clause was developed to address the current situation, in which there are no specific powers available to local transport authorities to make byelaws to deal with antisocial behaviour on their bus networks. Certain local transport authorities could use the general powers contained in section 235 of the Local Government Act 1972 for this purpose, but those powers are not available to all local transport authorities, most notably metropolitan combined authorities.

The clause is intended to provide flexibility to local transport authorities to effectively enforce against antisocial behaviour on the transport network and to ensure greater consistency across the country and across public transport modes. Through these byelaws, local transport authorities can provide authorised persons with the power to enforce against antisocial behaviour, including the ability to issue fixed penalty notices where they have reason to believe that an offence has been committed.

Clause 29 ensures that the new byelaw powers being granted to local transport authorities are also available to Transport for London. TfL has requested to be included in this provision. Although TfL officers can deal with antisocial behaviour at bus stops and bus stations under existing byelaws, they cannot easily enforce against nuisance behaviour on the buses themselves. Closing this loophole gives TfL the same powers as other local transport authorities in England and will help to make buses in London safer for passengers and for staff.

Jerome Mayhew Portrait Jerome Mayhew (Broadland and Fakenham) (Con)
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It is good to see you back in your rightful place, Dr Allin-Khan. Clause 23 is not a controversial element of the Bill, so I will not detain the Committee for too long. It gives local transport authorities and Transport for London sensible new powers to enforce against fare evasion.

--- Later in debate ---
Luke Myer Portrait Luke Myer (Middlesbrough South and East Cleveland) (Lab)
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I rise to support the clause, and in particular the elements in proposed new section 144A of the Transport Act 2000 on nuisance and antisocial behaviour. In the community of Hemlington in my constituency, there have recently been disgraceful attacks on bus drivers and buses by young people in the community. I commend the work of Cleveland police, which responded using an innovative so-called Trojan bus filled with plain-clothes police officers who then arrested and apprehended the individuals committing those crimes.

I am asking for clarity on how those provisions in the Bill fit with the broader legislative framework on nuisance and antisocial behaviour, including in relation to people who are not necessarily bus passengers but who are outside and may be disrupting transport. I hope that the Minister can give us some more information on that.

I welcome the provisions in the clause, because we have to address antisocial behaviour and the way that it impacts our public transport system. I support this clause, and I am pleased that we have these provisions in the Bill.

Simon Lightwood Portrait Simon Lightwood
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After the Liberal Democrat contribution, I was missing my headphones—[Interruption.] I say that with love. I thank Committee members for their further comments on the powers to make byelaws contained in the Bill.

The Government are focused on tackling antisocial behaviour. Improving the safety of our bus network is one of the Government’s aims in reforming buses, because that is critical to giving passengers, particularly women and girls, the confidence they need to take the bus. Different powers are currently available for different transport modes, and the powers that certain local transport authorities hold for light or heavy rail are not in place for buses. That has created a situation where local transport authorities rely on a patchwork of powers to enforce against poor behaviour, and some authorities are unable to act at all against those committing antisocial behaviour. The Bill remedies that situation by providing powers to create and enforce bus byelaws.

On the question of what constitutes antisocial behaviour, the Bill lists specific behaviours that byelaws can cover, such as vaping, smoking and interfering with or obstructing services and vehicles. My Department plans to issue non-statutory guidance about the content of byelaws that will take the existing railway byelaws as a starting point, which should help to ensure consistency across different transport modes.

Rebecca Smith Portrait Rebecca Smith
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Given the Minister is comparing the rail system with buses, and saying that he wants to bring buses into line with the railway, I am intrigued about who will do that enforcement. We have the British Transport police on the railway, and there are signs everywhere and a phone number that someone can call, but at the moment on buses—I have been on ones where antisocial behaviour is taking place—it ultimately falls to the driver to enforce against that. Is that what the Minister is saying will happen as a result of this legislation? Will there be additional powers or will an additional force be created to enable that enforcement to take place—or is that entirely down to LTAs to figure out for themselves?

Simon Lightwood Portrait Simon Lightwood
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The hon. Lady will have seen in the Bill that there is an element of ensuring that bus drivers and other persons in bus companies are given training on antisocial behaviour, particularly violence against women and girls, so that when it is safe to act, they can intervene in the interests of public and driver safety.

I talked earlier about the potential for transport safety officers in local transport authority areas, not just among bus providers. Ultimately, the design of that and how it is enforced, depending on the byelaws, will of course be a matter for the local transport authorities themselves, but this is about giving them the powers and allowing them to put those byelaws in place. Obviously, they need to be enforced. Sometimes it is also a matter of communicating this stuff. We have all been on other modes of transport where it is not adhered to.

As I said, my Department plans to issue non-statutory guidance on the content of the byelaws. That guidance will take the form of existing railway byelaws and is expected to emphasise the “educate, engage and enforce” approach. As I said in my opening remarks, I agree with the hon. Member for Wimbledon—despite my jest—on the need to take action against antisocial behaviour, but powers already exist to take action against playing music or videos loudly on buses. The training that I talked about a moment ago will only help to raise awareness of that, both with passengers and with drivers. In relation to enforcement at bus stops and stands, there are areas where divergence is expected in enforcement practices. That is likely to include stops and stands, which by their nature are harder to define than parts of the railway estate.

Question put and agreed to.

Clause 27 accordingly ordered to stand part of the Bill.

Clause 28

Local transport authority byelaws

Amendment proposed: 67, in clause 28, page 24, line 37, after “nuisance” insert

“, including sustained anti-social auditory disturbance.”—(Mr Kohler.)

This amendment would allow local transport authorities to prohibit disruptive anti-social forms of noise such as from telephones through byelaws.

Question put, That the amendment be made.