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

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Department: Department for Transport

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

Simon Lightwood Excerpts
None Portrait The Chair
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I remind the Committee that with this we are discussing the following:

Amendment 69, in clause 34, page 37, line 28, leave out from “or” to “the” and insert

“section 144G or of regulations made under those sections,”.

Clause 35 stand part.

Government amendments 20 to 22.

Clause 36 stand part.

Simon Lightwood Portrait The Parliamentary Under-Secretary of State for Transport (Simon Lightwood)
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Amendments 75 and 69, tabled by the hon. Members for Wimbledon, for North Norfolk, for South Devon (Caroline Voaden) and for Didcot and Wantage (Olly Glover) would require that senior managers in bus operators and local transport authorities undertake disability awareness and accessibility training. The effect of proposed new section 144G of the Transport Act 2000 would be to place an obligation on senior managers in LTAs and operators that organise or provide local or school bus services to undertake training and keep records of having done so.

Through the Bill, we are extending existing training requirements to drivers and customer-facing staff. The measures do not change training requirements themselves. Co-production would be appropriate for those developing training packages. The hon. Member for North Norfolk asked for an update on the accessible transport charter. I can confirm that my Department provides the Transport Committee with regular updates on the progress of the charter and upcoming appearances. He has my commitment that we will do that.

It is certainly important that senior management in bus operating companies and local authorities are aware of disability and accessibly issues, but EU regulation 181/2011, once amended by clauses 35 and 36 of the Bill, will require staff in local services who deal directly with disabled passengers, or with issues relating to the travelling public, to be trained in respect of disability awareness and disability assistance. For staff dealing directly with disabled passengers, that will improve knowledge of their duties and responsibilities, and thus effect change at the direct point of interaction between staff and passengers. That approach aims to strike a balance between improving services while not overly increasing burdens on operators and local authorities.

In addition, clause 21 will require local transport authorities to publish a bus network accessibility plan. We expect that this new requirement would also help to ensure that relevant senior management in LTAs are aware of accessibility issues in their area. I reassure hon. Members that where school transport is provided by local services, that would fall within the scope of new enhanced training requirements, requiring relevant staff to be trained on both disability awareness and assistance, which will help to ensure that they have the knowledge, skills and confidence to support every passenger appropriately.

I am concerned that the new requirement may increase the administrative burden without necessarily leading to positive results in the experience of disabled passengers at the point of contact with staff and services. I therefore cannot support amendments 75 and 69 and I ask that they be withdrawn.

Clause 35 will require bus drivers and staff providing direct assistance to passengers on local services to complete both disability awareness and assistance training at least every five years to ensure that they have the knowledge, skills and confidence to support every passenger appropriately. Despite progress in recent decades, clauses 35 and 36 have been developed in response to the barriers that disabled people still face when attempting to make bus journeys. The clauses recognise the role that bus drivers play in helping to overcome those barriers, ensuring that disabled passengers’ rights are upheld, and that they are provided with timely and appropriate assistance.

Currently, drivers of local services are already required to complete disability awareness training, but mandatory course content does not cover the practical assistance that they should also provide. Likewise, other customer-facing staff of operators are not currently required to completely training on disability at all. Clause 35 corrects that imbalance. It is about ensuring that passengers on local services can travel anywhere in Great Britain, with any operator or driver, with confidence that staff will help them to travel safely and in comfort. The measures should help to ensure that passengers receive the help they need, and that buses continue to provide an inclusive experience for everyone who uses them.

Amendments 20 to 22 have been tabled to clause 36. Amendment 20 will ensure that a traffic commissioner is responsible for taking action against a terminal managing body. For the benefit of Committee members, terminal managing bodies in the context of this measure are those responsible for terminals identified in regulation 6 of the Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013, namely Victoria coach station and Birmingham coach station. The amendments will be relevant to breaches of the training and publication requirements in clauses 35 and 36. Amendment 20 ensures that the enforcement powers in those clauses align with traffic commissioners’ powers to enforce the training and publication requirements in clause 34. Amendment 21 is consequential on amendment 20. Amendment 22 is a minor technical change to ensure that consistent language is used in the 2013 regulations.

Clause 36 works with clause 35 to ensure that staff are sufficiently trained to uphold disabled passengers’ rights. To that end, the clause allows the Secretary of State to set expectations for operator record keeping and data publication on completed disability training and enables the traffic commissioner to apply appropriate sanctions if legal requirements are not met. The traffic commissioners are operationally independent, and it would be for them to determine how best to prioritise the use of enforcement powers given to them. My Department has consulted the traffic commissioners throughout the development of the Bill.

The hon. Member for Broadland and Fakenham mentioned the impact of training requirements on small and medium-sized operators. Our proposals do not prescribe how the training must be undertaken. That is for bus operators to decide, and we expect disability-related training to be undertaken as part of established learning and development programmes.

Steff Aquarone Portrait Steff Aquarone (North Norfolk) (LD)
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I am grateful for the Minister’s comments and reassurance. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 34, as amended, ordered to stand part of the Bill.

Clause 35 ordered to stand part of the Bill.

Clause 36

Training about disability: further provisions

Amendments made: 20, in clause 36, page 39, line 16, at end insert—

“(8A) The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013 (S.I. 2013/1865) are amended in accordance with subsections (8B) and (9).

(8B) In regulation 8, after paragraph (1) insert—

‘(1A) Paragraph (1) does not apply in relation to the enforcement of the requirements of paragraph 1 of Article 16 of Regulation 181/2011 as they apply to a terminal managing body by virtue of paragraph 1A of that Article, and the designated body responsible for the enforcement of those requirements as they so apply is a traffic commissioner who is subject to the duty in regulation 10A(1) of these regulations in relation to those requirements.

(1B) The enforcement authority in relation to the requirements of regulations made under section 36 of the Bus Services (No. 2) Act 2025 is a traffic commissioner who is subject to the duty in regulation 10A(1) of these regulations in relation to those requirements.’”

This amendment ensures that references in the 2013 Regulations to the enforcement authority cover traffic commissioners responsible for taking enforcement action under regulation 10A.

Amendment 21, in clause 36, page 39, line 17, leave out from “10” to “insert” in line 18.

This amendment is consequential on Amendment 20.

Amendment 22, in clause 36, page 39, line 21, leave out “this regulation” and insert “these regulations”.—(Simon Lightwood.)

This amendment brings regulation 10A(1) of the 2013 Regulations into line with regulation 10(1) of those regulations.

Clause 36, as amended, ordered to stand part of the Bill.

Clause 37

Use of zero-emission vehicles for local services in England

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Siân Berry Portrait Siân Berry
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As I understand it—the Minister might want to intervene if I am not correct—proposed new subsection (3)(b) sets the condition that the bus is first registered

“on or after a date”.

The condition is placed on new buses, not on any bus being used. It gives considerable leeway for existing buses to continue to be used. The clause is about procurement, and that is what I understand it to be mandating.

As I say, not every single bus in London has yet converted to zero emissions, but for several years now, new buses being purchased have had zero tailpipe emissions. That is not to say that they do not create any air pollution at all; much air pollution comes from brakes and tyre wear, and dust off the roads—there is a lot more air pollution than what comes out of the tailpipe.

Simon Lightwood Portrait Simon Lightwood
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The amendment would prevent new non-ZEBs from being used on English local bus services from 1 January 2027.

Siân Berry Portrait Siân Berry
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I thought so—I am not as radical as the hon. Member for Broadland and Fakenham thinks. I think that the amendment is entirely reasonable on bus availability and procurement. It does not speed up the rate of procurement, or mandate that at all.

I am aware that there are challenging issues at certain depots. However, having spoken to private bus operators about this, they often do not lack the willingness to invest in charging infrastructure, and I am sure the imperative for a publicly owned bus company would be even higher. Instead, the constraint for some of them is the ability of the local electricity infrastructure to support the load produced by the rapid charging of very large vehicles with very large batteries.

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Steff Aquarone Portrait Steff Aquarone
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I support the motivations behind clause 37. Making our public transport greener and cleaner is a positive thing and will make it an even more climate-friendly travel option. I note with excitement that Sanders Coaches, which runs many services across my constituency and that of my neighbour, the hon. Member for Broadland and Fakenham, recently trialled a fully electric bus on the CH1 Coasthopper route between Cromer and Wells—the first ever fully electric bus used by the operator. We can see that rural transport providers are working hard to embrace the green future.

However, we have to recognise the challenges that rural routes face; I associate myself with the remarks made on that topic by the hon. Member. Long distances, limited charging infrastructure and the slim profit margins are all impediments. I would appreciate it if the Minister undertook today to publish, alongside the regulations set out in the clause, guidance and support for rural bus operators on the definitions of local routes. I hope he shares the work and engagement that his Department have done and will be doing with rural operators to make sure that we get this right for them and for the communities they serve.

Amendment 78 is about technology and is similar to something the hon. Member mentioned. It would qualify buses that have been repowered from running on fossil fuels to zero emission technologies as zero emission vehicles for the purposes of the Bill. “Repowered” means enabled to become zero emission after the date of registration. It involves replacing diesel engines with new, zero emission electric drivetrains mid-life. It is a proven UK innovation that can provide a more affordable and faster route to decarbonisation of our public transport fleet.

For local transport authorities, especially those facing constrained budgets, repowering could present some advantages. First, it can be quicker: companies can convert diesel buses to zero emission in as little as three weeks in their UK facilities. Buses could therefore be back in service quickly, supporting a seamless transition. Secondly, repowering is more cost-effective. A repowered bus can cost less than half the price of a brand-new zero emission vehicle, which could translate to considerable savings for operators and local authorities and allow them to stretch limited resources further. While this route may not work for all buses or local authorities, it is a simple and flexible option to deploy the most cost-effective and timely solution for their fleets. This practical amendment supports British innovation, stretches public funds and accelerates the path to cleaner air and net zero transport, and I urge Members to support it.

Amendment 58 is a small technical change that would clarify that the provisions of proposed new section 151A of the Transport Act 2000 on zero emission vehicles apply to mayoral combined authorities. I would appreciate the Minister providing clarity on that point.

Finally, on amendment 63, while the transition to zero emission buses is right and essential for tacking the climate crisis and reducing air pollution, we must be honest about the pressures that transition will place on local authorities. I take the point that my neighbour, the hon. Member for Broadland and Fakenham, is making, but in this regard, given the subject of clause 37, I will persist with this point. The pressures on local authority budgets and local transport authorities are why we need amendment 63. It would introduce a sensible and measured requirement for the Secretary of State to publish a report assessing how adequate and accessible the central Government funding for zero emission buses has been. It would simply require the Secretary of State to bring forward recommendations on how to improve the system and accelerate the replacement of polluting buses. It is about identifying what works and what does not, and how we can ensure that local transport authorities are properly supported to deliver on one of the Government’s central missions.

Such a report could be helpful for not just local authorities, but the Secretary of State herself when the Treasury inevitably comes knocking asking Departments to justify their spending. Being able to point to a clear evidence-based publicly available report that sets out the scale of funding required to meet our zero emission bus targets will only strengthen the Department’s hand, so I urge the Government to support the amendment.

Simon Lightwood Portrait Simon Lightwood
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I will start my comments on this group by speaking to clause 37 stand part and then move to the amendments. The clause will prevent the use of new non-zero emission buses on local bus services in England. The full transition to zero emission buses is a vital part of the Government’s plan to make buses better for passengers and to realise the benefits of lower running costs, cleaner air and smoother, quieter journeys. Bus operators have begun to invest in new zero emission buses, supported by Government funding initiatives. All stakeholders including bus operators, manufacturers and local transport authorities share the ambition to achieve a zero emission bus fleet more quickly.

However, I recognise that there is a need for Government intervention to accelerate bus decarbonisation by supporting the sector with greater certainty of future demand for zero emission buses. The clause seeks to provide that certainty. However, in recognition of the need to provide time and confidence to manufacturers to shift production, and to operators and local transport authorities to plan their fleet transition, the change to the law will come into effect on a date specified by the Secretary of State in secondary legislation. The clause specifies that the restriction on the use of new non-zero emission buses will not take effect earlier than 2030. It also allows for the Secretary of State to exempt certain types of vehicle or local services from the restriction—for example, to enable the relevant local services reliant on those vehicles to still run.

The hon. Member for Brighton Pavilion raised the issue of charging capacity at depots. The clean power action plan includes a programme of connection reform measures aimed at reducing the delays—and I recognise those she has spoken about. The Government are moving from a first come, first served model to an approach based on readiness and strategic alignment. If approved, connection reform proposals submitted to Ofgem by the National Energy System Operator will release up to 400 GW of capacity from the oversubscribed connections queue, accelerating the connections that the hon. Lady talked about for customers ready to connect by the end of 2025.

The Department for Energy Security and Net Zero and Ofgem are also considering what further action could be taken to accelerate connections for strategically important demand customers. The Government are working to ensure that they understand the specific conditions affecting bus operators and continue to communicate directly with bus operators to share best practice. Battery ranges are getting better; independent tests carried out on behalf of the Department on the UK bus test cycle show that ranges for electric vehicles can exceed 500 km, and further for hydrogen. The Government’s independent advisers, the Climate Change Committee, have been clear: buses should transition to zero tailpipe technologies, and biofuels should be focused on sectors harder to decarbonise such as aviation and maritime. The purchase costs of zero emission buses have decreased in real terms, and they have become more efficient to run.

I thank the hon. Member for Brighton Pavilion for tabling amendments 32 and 33 relating to zero emission buses. I appreciate that their intention is to ensure that the English bus fleet is decarbonised as quickly as possible. I can reassure her that the Government share that intention. However, having considered them carefully, the Government cannot support the amendments, and I am happy to set out the reasons why.

Amendment 32 would prevent new non-ZEBs from being used on English local bus services from 1 January 2027. Amendment 33 would enable that by removing the 1 January 2030 restriction currently in the Bill. That would allow the Secretary of State to end the use of new non-ZEBs at an earlier date.

We have stated in the Bill that the measure will not come into effect before 1 January 2030. The precise date will be set by statutory instrument. That will provide the industry with reassurance that the measure will not come into effect suddenly or without warning, and allow sufficient notice to be provided, enabling the industry to prepare for the change to zero emission buses. I am concerned about the impact that an earlier date could have on bus operators and the potential adverse consequences for passengers, such as the cost of decarbonising leading to reduced services and increased fares.

A reduction in bus services could also lead to more journeys being made by car and therefore greater overall carbon emissions. I am also concerned about the potential for job losses in the UK manufacturing sector if an earlier date led to bus operators running diesel buses for longer on certain routes.

As indicated in the published impact assessment for the Bill, there is a significant risk that setting an implementation date too early, before the total cost of owning electric buses reaches broad parity with diesel buses, could have damaging impacts. For the reasons I have outlined, I ask the hon. Member for Brighton Pavilion to withdraw her amendment.

I thank the hon. Members for Wimbledon and for North Norfolk for amendment 78. I appreciate its purpose —to encourage the repowering of existing diesel buses, meaning their conversion into zero emission vehicles. I assure them that we support bus repowering—indeed, I opened a plant myself—as a viable and sustainable option to help the transition to zero emission buses in the UK. My Department has introduced the zero emission vehicle repower accreditation scheme to help bus operators to ensure that repowered buses get higher standards of efficiency and emission reduction, invest in their existing fleet and become eligible to claim the zero emission bus incentive in the bus service operators grant.

I do not think that the amendment is necessary. Only new diesel buses will be prevented from being used on English bus services; any existing diesel buses, including those that are repowered, can continue to be used. For any new diesel buses registered after the stated date, regulation 16 of the Road Vehicles (Registration and Licensing) Regulations 2002 will require the vehicle keeper to inform the Driver and Vehicle Licensing Agency of any changes to the vehicle that may result in the particulars held on the vehicle record becoming incorrect. That includes changes to the engine or propulsion of the vehicle.

Proposed new section 151A(4)(a) of the Transport Act 2000 states:

“The Secretary of State may by regulations…specify descriptions of document that may be relied on in order to determine…what is included in the tailpipe emissions from a vehicle”.

I can assure the hon. Member for North Norfolk that we would ensure that such documents included those that include up-to-date information about the bus’s powertrain. That would allow such buses to be used on English local bus services. I therefore ask him not to press amendment 78.

Amendment 58 tabled by the hon. Members for North Norfolk, for Wimbledon and for South Devon seeks to clarify that the restrictions on the use of non-zero emission buses from a date no earlier than 2030 apply to mayoral combined authorities. I welcome the intention behind the amendment. The Government agree that the restrictions should apply to local bus services in those areas, creating jobs, supporting local economies and accelerating our journey to a zero emission future. That is why, in response to concerns raised in the other place, the Government expanded the measure to apply to all local services in England, including those in London. If a mayoral combined authority operates a relevant service, they will already be subject to the restriction on using non-ZEBs. That means that the measure as it stands in the Bill already fulfils the intention of the amendment.

I thank the hon. Members for North Norfolk, for Wimbledon, for South Devon and for Didcot and Wantage for tabling amendment 63, which would require the Secretary of State to publish a report six months after the Bill receives Royal Assent on the ability of local transport authorities to access funding to decarbonise their fleets. The restriction on the use of new non-ZEBs will not come into effect immediately. That will follow careful consideration of all relevant factors by the Secretary of State, including affordability, and it will be fully debated in Parliament as it will be implemented by affirmative secondary legislation. We state in the Bill that the measure will not come into effect before 1 January 2030. That will give the industry and local transport authorities reassurance that the measure will not come into effect suddenly and without warning, and will allow sufficient notice to be provided, enabling them to prepare for the change to zero emission.

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None Portrait The Chair
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With this it will be convenient to discuss new clause 53—Minimum bus service standards: review

“(1) Within six months of the passing of this Act, the Secretary of State must conduct a review into the minimum bus service standards required for communities in England.

(2) The review conducted under this section must—

(a) take into consideration the different requirements of communities of differing population sizes across England, including rural and urban communities,

(b) explore the regulatory powers and funding arrangements that would be required for Local Transport Authorities to implement guaranteed minimum bus services for every community with more than three hundred residents across England.”

Simon Lightwood Portrait Simon Lightwood
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Clause 38 places a statutory duty on the Secretary of State to conduct a review, within two years of the Bill’s enactment, on the level of bus services being provided to villages in England. The clause was inserted into the Bill via a non-Government amendment in the Lords.

The Government expect local transport authorities to consider the needs of everyone in their area, including those in more rural parts. Although the Bill aims to improve bus services, the review required by the clause would not be practical to deliver. Measures such as franchising and setting up a local authority bus company are significant undertakings that will take time. It is unlikely that a review after two years would allow enough time to capture and assess the impact on rural areas. The full impact of a franchising scheme or a local authority bus company is not expected to be seen until the scheme or company has been operating for some time.

Moreover, although I accept the positive intention behind the measure, it is already addressed by the Bill and wider Government policy. The Government are seeking to reverse the long-term decline in bus services, partly by ensuring that the impact of any changes to bus networks is fully assessed and options are fully explored before a service is changed or cancelled. That will be achieved through measures on socially necessary local services, which will help protect and improve services in rural areas.

Beyond the Bill’s reforms, the Department’s support programme includes a focus on rural-specific challenges, with a dedicated Bus Centre of Excellence conference on quality rural bus services this month, and the first two of our franchising pilots, in York and North Yorkshire and Cheshire West and Chester, announced at the spending review. The Government therefore oppose the clause.

Steff Aquarone Portrait Steff Aquarone
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I support clause 38, which would require the Secretary of State to conduct a review into the provision of bus services to villages in England within two years of the Act being passed. Members will have heard many of my points about the clause in previous speeches, including on amendment 71, which I have pressed to a vote already, but the clause as a whole is not only sensible but essential. I am very pleased that those in the other place added it to the Bill and I hope it will be retained today.

In North Norfolk I have more than 100 villages and hamlets. From Alby and Antingham to Wiveton, Wickmere and Worstead, they are all treasured communities but face challenges with rural transport. Too often, rural communities are treated as an afterthought when it comes to public transport planning. I know this at first hand and my constituents experience it day in and day out. I am sorry to say that the last Government did not do enough in the years that they had to tackle the issues that rural communities face. It is time we stepped up to the challenge of rural mobility.

Villages across England have been cut off by decades of under-investment, deregulation and short-term decision making. The clause acknowledges that rural isolation is not a minor inconvenience, but a daily barrier to work and education, healthcare and opportunity more broadly. The clause rightly demands that the Government take stock of the current state of rural bus provision. It requires an assessment of how many villages are being served by regular bus routes, and it asks important questions about who is being affected—which demographics, which regions and which types of communities are being left behind.

As I said when speaking to my amendments and new clauses on rural bus hubs, having a service to every village might not be the right approach for every area. In many places, moving towards a hub-and-spoke model might be the best course of action. This review would help to identify that and allow us to better understand the current state of play and what steps can be taken to improve the situation.

The clause also rightly mandates consultation with key stakeholders—local councils and transport authorities —who are best placed to speak to the lived reality of rural transport as currently delivered. Without proper scrutiny and transparency, bus networks in rural areas will continue to wither. This review clause is a modest but vital safeguard that ensures we do not look the other way while whole communities are cut off.

My Liberal Democrat colleagues and I have long championed the rights of rural communities to fair access to transport. From Cumbria to Cornwall and Norfolk to Newton Abbot, we are fighting for cut-off communities to finally have their challenges heard and their needs addressed. Clause 38 speaks directly to that principle and I urge colleagues across the Committee to support its inclusion in the Bill.

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Josh Newbury Portrait Josh Newbury (Cannock Chase) (Lab)
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It is a pleasure to speak with you in the Chair, Dame Siobhain, for what may be the final time on this Committee. I thank you for guiding us—particularly those of us who are new to the world of Bill Committees—through this process.

I would like to speak in favour of the Minister’s approach to clause 38, which, though clearly well intentioned, perhaps would not have achieved what it was aiming to for England’s villages. On Tuesday, hon. Members heard me mention two of the villages I am proud to represent, Slitting Mill and Norton Canes, and what clause 14—regarding socially necessary services—would mean for them. However, not wishing to have favourites, I am grateful to now have the opportunity to talk about what this Bill will also mean for Brereton and Ravenhill, Brindley, Littleworth, Rawnsley, Hazelslade, Prospect Village, Cannock Wood, Bridgtown, Heath Hayes and Wimblebury.

Like so many parts of England, particularly in rural and semi-rural areas such as mine, bus routes in our villages have been shrinking for many years, while fares have risen. However, I would like to highlight a rare piece of good news, which is that, from 20 July—a successful tender permitting—the No. 60 between Cannock and Lichfield, and the No. 74 between Cannock and Stafford, will begin to run on Sundays once again, and hopefully later into the evenings. The No. 60 in particular is the only service for many of my villages, so that extension will be very welcome.

My constituents have sadly become used to bus services stopping at 7 pm and not running at all on Sundays. From listening to the debate, that is a world away from the experiences in the constituencies of some members of this Committee, but it is the reality in much of our country. When growing up in a village, like I did, or living in a village, like I still do, a bus can be a lifeline—something that I am glad to say we on this Committee have discussed extensively—so the withdrawal or reduction of services means more cars on the road, more people isolated within their homes, and, of course, less cash to invest in, or even preserve, routes. That is why I am pleased to hear the Minister’s assurances on this matter.

I do hope that a review of the benefits of this Bill to England’s villages can be carried out in time, but when the time is right, not by an arbitrary timeframe. By that point, the full benefits of things such as franchising and registers of socially necessary services can be properly assessed. For that reason, I urge fellow members of the Committee who represent villages—like I do—to oppose clause 38 standing as part of this Bill, so that the Secretary of State and the Minister can determine the best approach to ensuring that, once again, buses are there for people and communities first and foremost.

Simon Lightwood Portrait Simon Lightwood
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On new clause 53, legislation to guarantee minimum levels of services for communities already exists in the Transport Act 2000. The Bill’s socially necessary local services measure will provide greater protection for existing bus services from being arbitrarily cancelled or reduced. The Department for Transport is also currently undertaking a review into enhanced partnerships, which is set to conclude later this year. We are looking into the potential of developing a set of minimum standards for enhanced partnerships.

I thank members of the Committee for their thoughts on seeking to review the provision of bus services to villages in England. The Government recognise the need to serve villages, alongside improving service, reliability and punctuality, across England, and the role that buses play in linking communities together. We are seeking to reverse the long-term decline in bus services, partly by ensuring that the impacts of any changes to bus networks are fully assessed and that options are fully explored before a service is changed or cancelled.

An evaluation of the Bill, including the impact on rural services, will be completed as part of a wider evidence review of bus franchising. The Government do not want to undermine that analysis by presenting findings before franchising and local authority bus companies have been established. That would not reflect the true impact on passengers.

Question put, That the clause stand part of the Bill.

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Question proposed, That the clause stand part of the Bill.
Simon Lightwood Portrait Simon Lightwood
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Clause 39 would require the Secretary of State to implement a vision zero programme in the bus sector, with the aim of eliminating serious injuries in the course of bus operations. The clause was inserted as a non-Government new clause in the other place.

The Government support the principle behind vision zero, because we do not want any deaths or serious injury on our transport network, but where vision zero programmes are being taken forward, such as in London and Greater Manchester, the focus of the strategies is wider than just buses; they are multimodal and take a safe-system view across the transport network. A nationwide programme would cut across the Department’s plans for a road safety strategy and promote a one-size-fits-all approach that is unlikely to work in different settings, such as rural areas. Local leaders are best placed to design the programmes that work to eliminate serious injuries in their local areas.

By creating a national programme that would significantly overlap with wider local transport authority management, the clause would undermine the Bill’s intention to empower local areas. It is therefore inconsistent with the Bill’s principles. The Bill aims to empower local leaders to take control of bus services so that they meet the needs of their communities. That includes making the best decisions to encourage safer transport networks in a given area. The Government therefore oppose the clause standing part of the Bill.

Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

I rise to strongly support clause 39, which was the inspiration of Lord Hampton, the Cross Bencher who tabled it in the other place. It would require the Secretary of State to collaborate with industry stakeholders to implement a vision zero programme for buses, with the aim of eliminating serious injuries during bus operations and improving overall safety in the sector. It is very hard to argue against that as an objective for the Bill.

The Minister expressed support for the concept and direction of travel. His primary argument against the clause was that it would somehow get in the way of a multimodal approach to the reduction of injuries on transport, but there is no reason why it need do so. It could co-ordinate with a multimodal transport response. Nothing in the clause prevents it from being part of a wider piece of work. I accept that the legislative requirement would be limited to the bus sector, but a non-legislative multimodal approach would be perfectly permissible, and it is a ministerial sleight of hand to suggest otherwise. The Minister is using some other review as an excuse not to keep this very good clause.

The reason why it is a good clause is that personal injury to passengers on buses caused by sharp braking is a significant issue. A 2019 study for Transport for London showed that three quarters of bus passenger injuries in London were due to non-collision incidents, such as sharp braking or harsh manoeuvres. This disproportionately affects older females and standing passengers, whether they are standing for the journey or standing on their approach to a stopping place.

The challenge with the current statistics is that they are binary—they report either collision injuries or non-collision injuries—and are not broken down further into, for example, sharp braking or avoiding manoeuvres. The clause would help to get to the bottom of where risk lies, expose the data and lead to an effective focus on remediation efforts. I strongly support it.

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Simon Lightwood Portrait Simon Lightwood
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I thank Committee members for their thoughts on the vision zero programme. My noble Friend the Minister for Rail noted in the other place that the Government are “sympathetic to the aims” behind vision zero. We all want a completely safe bus sector with no incidents. Safety goes wider than buses: other modes of transport share a vision for that, and that includes the Department’s work on a road safety strategy. It is the first such strategy in over a decade, which raises the question of why the previous Government failed to keep us up to date.

The Government are already taking steps to improve safety in the bus sector, but we recognise that more needs to be done. We want to eliminate serious injuries and deaths on our transport networks, but the clause cuts across the forthcoming work on the new road safety strategy.

Question put, That the clause stand part of the Bill.

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Question proposed, That the clause stand part of the Bill.
Simon Lightwood Portrait Simon Lightwood
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The clause requires bus operators that are contracted to operate a franchising scheme or enhanced partnership to record data about all assaults and violent behaviour that have taken place on their services. The clause requires that data to be shared with the relevant local transport authority. It also requires local transport authorities to consult relevant trade unions about any staff safety issues arising from the data. The clause was inserted into the Bill via a non-Government amendment in the other place, and I do not consider it necessary.

First, the clause duplicates work already done by the Home Office and the police. All incidents reported to the police under the Home Office crime recording rules, whether by victims, witnesses or third parties, and whether crime-related or not, will result—unless immediately recorded as a crime—in the registration of an auditable incident report by the police. That is in line with the vision that all police forces in England and Wales should have the best crime recording system in the world—one that is consistently applied, delivers accurate statistics that are trusted by the public, and puts victims’ needs at its core.

Secondly, the clause may not be compatible with article 8 of the European convention on human rights, as no limits are placed on what the data to be collected and shared may include. It does not specify what should be collected or how frequently, and no enforcement mechanism is attached. That may result in inconsistent data. As drafted, the clause relates to contracted services, which would exclude all the local transport authorities that have entered into enhanced partnerships with private operators. For such practical reasons, the Government will seek to remove the clause from the Bill.

Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

It is rather unedifying to see the Government hiding behind arguments about article 8. If they seriously thought that article 8 was a practical consideration that prevented the adoption of the clause, why did they not seek to amend the clause? They were perfectly capable of tabling a clarifying amendment to make the clause compliant with article 8, if they really had genuine concerns about such compliance. They could have done it, but they have chosen not to. It does not befit the Minister to hide behind that as a defence for the Government’s inaction.

The clause deals with the recording and sharing of data about assaults. It was proposed by the noble Lord Woodley in the other place. The Government should be aware of that, because it was after all drafted by the National Union of Rail, Maritime and Transport Workers. I am sure the Government are good union supporters and, in other situations, I would have expected them to be highly supportive of union recommendations, although I seem to recall—I think I am right—that the RMT is not officially affiliated to the Labour party. Perhaps that explains why the clause is about to be removed from the Bill.

The clause imposes a duty to record all data about assaults and violent behaviour, and a duty to consult any relevant trade unions about issues of staff safety arising from that data, which is eminently sensible. Before I go into more detail, I want to clarify that most bus journeys are in fact very safe. Data from Transport for London for 2024 suggests that only 9.6 crimes are committed per million journeys in London. I do not have the data in front of me, but I think that the equivalent data for rural Norfolk might show it is even safer.

It is an increasing trend in London, however, as 4,167 crimes on London buses were reported as violence against the person in 2018-19, which was an increase of 2.5% on the previous year. In the west midlands, another hotspot, violent crime on buses increased 7% year on year in the latest statistics. Bus driver assaults is an important subsection of such crime, and in London between 2011 and 2013, on average four bus drivers every single day were assaulted or verbally abused. According to a Unite the union survey in 2024, 83% of UK bus drivers experienced abuse, with 79% saying that there had been an increase over the previous year and many reporting an inadequate employer response to assaults.

That is the important bit: if bus drivers are reporting an inadequate employer response to assaults, why is requiring the proper recording of data associated with assaults such a bad thing? Surely the first step to change would be to understand the full nature of the problem. The clause would lead to better data, and therefore better support for bus drivers and passengers faced with violent crime.

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Steff Aquarone Portrait Steff Aquarone
- Hansard - - - Excerpts

I, too, am frustrated that the Government did not see fit to address those concerns by amending the clause.

Let us start by being clear: assaults that take place on bus services are not abstract statistics—they are real events affecting real people. Often, drivers and frontline staff are simply doing their jobs and passengers are just trying to get from A to B. We cannot tackle this problem unless we properly understand it. To do that, we need robust, consistent data.

Here lies the point: at present, too many of those incidents go unrecorded, or are not handled consistently across different operators and regions. Clause 40 would put a stop to that, creating a clear and consistent duty that, if an operator is contracted to run services, it must record this data and share it with the local authority. That is the very least the public expect. Furthermore, the inclusion of a duty on a local transport authority to consult with relevant trade unions regarding issues of staff safety arising from the data collected is a good step. It will ensure that the data is used in practice and could lead to increased safety for staff and passengers.

It is clear that the clause is about more than data collection; it is about creating a feedback loop between those who operate bus services, those who oversee them and those who work on them. That would ensure that when violence occurs, it is recorded, known, and acted on. That is how we start to build a safer system for staff and passengers—for everyone. The Prime Minister recently it made clear that abuse of those working in the rail industry is “utterly unacceptable”; he responded to a question on the abuse of rail staff by saying:

“The abuse and assaults on staff are utterly unacceptable. We are taking measures to make sure they are safer.”—[Official Report, 2 July 2025; Vol. 770, c. 281.]

I am sure the Prime Minister believes the Government should take measures to ensure that bus staff are kept safe, not just rail staff. For that reason, the Minister should push to maintain clause 40 in the Bill. It is not only the right thing to do; it seems that the PM backs it too. I want to protect those who serve our communities, and ensure that public transport is not only affordable and reliable, but safe. Clause 40 helps to deliver that vision, and I implore the Government to keep it in the Bill.

Simon Lightwood Portrait Simon Lightwood
- Hansard - -

I thank hon. Members for their thoughts on recording and sharing data about assaults. In the other place, we highlighted the fact that the Bill already includes measures to enhance the safety of staff and passengers on bus services. As I set out, many operators—and indeed the police and the Home Office—already collect data on assaults, and it makes sense for them to rationalise how best to manage their operators and staff in that respect. We are not seeking to duplicate the work of the police. Victims may also not want to report incidents without their consent, and we should be cognisant of that.

Question put, That the clause stand part of the Bill.

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Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

I have tabled a number of new clauses relating to safety of working conditions, health and safety, and reporting of bus safety. I want to speak in detail to new clause 5, but I will speak only briefly on the other related new clauses.

We need to see a step change in attitudes and effort on bus safety. Buses are a poor relation compared with other forms of transport in terms of the amount of work and care that goes into the safety of drivers and working conditions, much to the detriment of public safety. I therefore fully support the written evidence from the RMT. I am disappointed that this issue was not voted on in the Lords, because there is a clear case and a high need for it to be looked at.

It is a shame that a Bill with such potential to include these kinds of measures does not, hence these new clauses. In its written evidence, the RMT argued that

“decades of fragmentation and deregulation has led to poor working conditions in much of the sector and a stark lack of oversight for health and safety. As a report into the UK’s deregulated bus market by former UN rapporteur Philip Alston states ‘privatisation also appears to have resulted in lower quality jobs in the bus sector and unsafe working conditions’.”

Given that the Bill is intended to undo and help to mend some of the harm of privatisation, and to create better standards, these measures need to be brought in.

Bus workers are subject to many health and safety risks, including fatigue. I have met with bus drivers about the impacts of fatigue and the kinds of shifts they have to carry out. We will discuss new clauses about working times later. When drivers spot issues, they need to have a confidential reporting system such as that in new clause 5. It would be good to include in the Bill a means of reporting confidentially without fear of repercussions, which is a safety measure used in many other industries.

I will speak more on the individual measures in the new clauses to come, but they all need to be looked at. They come as a package to ensure that drivers have better working conditions, that there are better qualifications in management, that things can be reported, and that data on the current situation can be collected and used to focus attention on these issues in future.

Simon Lightwood Portrait Simon Lightwood
- Hansard - -

New clauses 5 and 44 seek to require local authorities to ensure that local bus operators are providing their drivers with access to CIRAS. The Government are deeply concerned about any safety incidents in the bus sector, but the issue was discussed in the Lords, and the Government cannot support in legislation an amendment that specifies a third-party service.

CIRAS is one of a number of suitable routes through which safety concerns can be raised. For example, anyone may anonymously report a lack of safety or conformation to standards in the bus sector to the Driver and Vehicle Standards Agency intelligence unit. The DVSA may use that information to investigate the situation, including working with other Government Departments and agencies, as well as the police. The Minister for Rail noted the need to raise awareness of that service, and officials are working with the Driver and Vehicle Standards Agency. I remember discussing this very issue with the RMT.

There are comprehensive standards covering all aspects of bus operation, such as roadworthiness of vehicles, operational services and driver standards. Those are enforced by several organisations including the DVSA. Operators of those vehicles are licensed by the traffic commissioners, who also consider any non-compliance issues and ensure that bus operators are effectively regulated. Those regulatory systems also include provisions on the responsibilities and conduct of drivers. Drivers or any member of the public may at present report any concerns to CIRAS if they would rather use that route. I hope that reassures the hon. Member for Brighton Pavilion that the Department is absolutely committed to ensuring safety in the bus sector, and that the new clause is unnecessary.

None Portrait The Chair
- Hansard -

Does the Member want to pursue this new clause?

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Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

New clause 6 relates to the same issue of bus safety. It requires local transport authorities to collect and publish bus safety performance data online at minimum intervals of every quarter, and to submit that bus safety performance data to an independent auditor for the purposes of it assessing the data’s accuracy. That is a very important thing that we should be doing at a national level.

This is another probing new clause, so I would be interested in hearing from the Minister about how that will be done in some other way. It is now routinely done in Transport for London’s reporting, which has been incredibly useful for everyone interested in road danger, such as people interested in pedestrian and cyclist safety. It has been a really good thing, so extending it and making it a duty on every local transport authority should be very basic and not resisted.

Simon Lightwood Portrait Simon Lightwood
- Hansard - -

I thank the hon. Member for tabling new clause 6, which I will deal with alongside the new clauses tabled by my hon. Friends the Members for Easington (Grahame Morris) and for Clapham and Brixton Hill (Bell Ribeiro-Addy), which deal with the same issue. These new clauses seek to require local authorities to publish bus safety performance on a quarterly basis, which must be audited annually.

Road safety is a priority for the Government, which is why we are developing a road safety strategy—the first, as I have said, in over a decade. The Department for Transport already collects data in respect of reported collisions involving personal injury, and publishes that information at a local authority level. Records of individual collisions are also published as open data. That is carried out through the STATS19 framework, which relies on reports from the police.

We recognise concerns about the lack of data collection for areas off the public highway. As a result of those matters being raised in the other place, the Department is engaging with the standing committee on roads injury collision statistics, which reviews the STATS19 framework to understand how those concerns can be addressed. Data is also collected from public service vehicle operators who must report incidents to the Driver and Vehicle Standards Agency, thanks to the PSV operator licensing requirements.

I hope that provides reassurance that the Department is absolutely committed to ensuring that passengers benefit from safe journeys on bus services, and is working to ensure that passengers can access information about those matters easily. As a result, I hope that the hon. Member for Brighton Pavilion will feel able to withdraw the new clause.

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

This is a probing new clause. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 7

Permitted driving time for drivers of PSVs being used under the licence to provide a local service

“(1) In section 96 of the Transport Act 1968 (permitted driving time and periods of duty), at the end of subsection (1) insert—

‘, subject to subsection (1A).

(1A) Drivers of public service vehicles (PSV) being used under a licence to provide a local bus service must not on any working day drive a PSV for periods amounting in the aggregate to more than nine hours.’”—(Siân Berry.)

This new clause would change the permitted driving time for bus drivers from ten hours to nine hours (in aggregate) to align with the permitted driving time for HGV drivers.

Brought up, and read the First time.

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Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

This new clause would set a permitted driving time for bus drivers—drivers of public service vehicles—that matched the permitted driving time for heavy goods vehicle drivers. Currently, the permitted driving time for bus drivers is considerably less stringent than for HGV drivers. Some of the data that we have received from the RMT on this issue shows that bus drivers can drive up to 10 hours a day and they have a 30-minute break as a minimum—I am sure that many operators operate different shift patterns than that, but this is what is permitted—after five hours and 30 minutes of driving. In every two consecutive weeks, there is a requirement for them to have 24 hours off duty. However, there is some flex in the rules, which means that someone can actually drive for 130 hours across two weeks. To me, that is asking for trouble. I feel that drivers are potentially being put under far too much pressure by these rules and that we need to look at having this kind of limit in our law.

Two similar new clauses have been tabled: new clauses 42 and 43. They take the same limits but treat them more in aggregate, which may be an attempt to be more flexible. I would be really interested to hear what the Minister has to say about how bus drivers’ hours will be regulated in a way that ensures greater safety than is currently the case.

Simon Lightwood Portrait Simon Lightwood
- Hansard - -

Once again, I thank the hon. Member for Brighton Pavilion for tabling new clause 7, which I will discuss alongside new clauses 42 and 43. The new clauses seek to align the GB drivers’ hourly rules with the maximum permitted weekly and fortnightly driving limits in the assimilated drivers’ hours rules. They also aim to increase the break requirements for drivers of local bus services in the GB rules to something akin to those in the assimilated rules. The maximum permitted daily driving time for a bus driver is 10 hours, where the driver is providing a regular bus service and where the route length does not go beyond 50 km. The maximum permitted driving time for a driver providing a service beyond that, as well as for coach drivers and HGV drivers, is nine hours, which is extendable twice a week to 10 hours.

While I recognise the hon. Member’s intentions, there are a few unintended consequences to the proposed changes. First, they would increase the number of drivers required to undertake the same amount of work. That would likely have a knock-on impact on the considerable progress made in the last couple of years in addressing bus driver shortages.

Secondly, the proposed changes would likely impact how drivers work. When such a change was previously put to bus operators, they advised that it would result in an increase in the number of drivers having to work split shifts. That is likely to be unpopular with bus drivers, because it would likely mean that they would have to wait around at operating bases for a number of hours. Operators have worked hard to avoid drivers working split shifts when organising shift patterns.

Thirdly, such a change would limit a driver’s earning potential, due to a reduction in the maximum number of hours they could work. The result of all these changes could lead to bus drivers leaving the profession, which would impact the progress made in addressing driver shortages.

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

Would the Minister not agree that shorter consecutive hours and more flexible shift patterns might attract more people to consider bus driving as a potential career?

Simon Lightwood Portrait Simon Lightwood
- Hansard - -

I think that the hon. Member is insinuating that there would be a choice there, but her proposal would remove that choice.

As I was saying, the result of the changes could be bus drivers leaving the profession, which would impact on the progress made in addressing driver shortages and could lead to cuts in the frequency of services or even cuts to entire routes, which I am sure we all agree we do not want to see. Should service cuts occur, they would likely have a disproportionate impact on those on the lowest incomes, who rely most on the provision of bus services. On that basis, I suggest that the hon. Member withdraw the new clause.

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 8

Professional qualifications for officials in franchising authorities

“In the Transport Act 2000, after section 123X insert—

‘123Y Professional qualifications for officials in franchising authorities

Officials from a franchising authority responsible for designing, negotiating and enforcing any franchise scheme must have certification from—

(a) the Institution of Occupational Safety and Health, and

(b) the National Examination Board in Occupational Safety and Health.’”—(Siân Berry.)

This new clause would require officials from franchising authorities responsible for designing, negotiating and enforcing any franchise scheme to have IOSH and NEBOSH certifications.

Brought up, and read the First time.

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

Following on from my other new clauses, this new clause would simply mandate that those who work in franchising authorities and who are responsible for designing, negotiating and enforcing franchise schemes be qualified through the Institution of Occupational Safety and Health and the National Examination Board in Occupational Safety and Health. That would, I hope, lead to greater focus on health and safety in the work that they do.

Simon Lightwood Portrait Simon Lightwood
- Hansard - -

New clause 8 relates to training for officers in franchising authorities. It specifically focuses on officials from franchising authorities holding certification from the Institute of Occupational Safety and Health and the National Examination Board in Occupational Safety and Health. Under current health and safety legislation, local transport authorities are required to ensure a safe and healthy work environment, which includes risk assessments, proper training and compliance with health and safety regulations. It is therefore right that a local transport authority that has chosen to franchise determines what level of qualifications is required to ensure that it meets those important requirements.

The effect of the new clause would be an increase in the cost and time that it takes to franchise if the Government required all staff to achieve certification before they started the process. Part of the Government’s bus reform is to simplify and speed up franchising and drive down costs. The new clause would disproportionately impact authorities considering franchising, including those in smaller towns and rural areas. We all agree that health and safety is paramount for bus staff, passengers and the wider public. I will therefore ask my officials to consider that this matter be addressed in the updated guidance for franchising authorities.

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 9

Review of the use and costs of bus travel for children

“(1) The Secretary of State must, within two years of the passing of this Act, conduct a review of the use of bus services by children.

(2) The review must assess—

(a) the level of use of bus services by children,

(b) the degree to which cost is a limiting factor in children’s use of bus services,

(c) the potential health, social and environmental impacts of children being unable to use bus services as a result of the cost of those services, and

(d) the potential impact of making bus travel free for children.

(3) For the purposes of any review undertaken under this section, ‘child’ means any person under the age of 18.

(4) In conducting a review, the Secretary of State must consult relevant stakeholders, including local councils, transport authorities and youth organisations.”—(Siân Berry.)

This new clause would require the Secretary of State to conduct a review of bus use by children and to consider the impact of making bus travel free for children.

Brought up, and read the First time.

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Steff Aquarone Portrait Steff Aquarone
- Hansard - - - Excerpts

I could not possibly talk about the inquiries that the Transport Committee is considering undertaking, but I would say that we all have an active interest in how to account for policy impacts on integrated travel as a whole. It may be that the Minister can attend a hearing in the forthcoming inquiry to speak to the exact point that the hon. Lady has just made.

Far too often, decisions about fare levels are made without a clear picture on their wider consequences, as I have said. The evidence is compelling; we know from both national and international experience that lower, simpler fares drive higher patronage. We have seen that with the £2 fare cap still inexplicably being phased out by the Government. With successful fare reform in places such as Germany and the Netherlands, affordable and innovative ticketing has increased public transport use. This new clause would bring that learning to a local level. It would empower transport authorities to act and analyse their policy in an informed away, based not on guesswork but on real data, public consultation and a clear understanding of what works.

This is not onerous. Most of our local authorities are already gathering some, if not all, of this data. What this new clause would do is provide consistency, as well as clarity, and a stronger evidence base for future fare and ticketing policy. It puts passengers and communities at the heart of decision making, and gives us the tools to reverse the long-term decline in bus use that has plagued far too many parts of the country for too long. If we are serious about boosting ridership, cutting emissions and making public transport fair and accessible, we need to understand the role of fares properly. This new clause would help us to do just that.

Simon Lightwood Portrait Simon Lightwood
- Hansard - -

New clause 9, tabled by the hon. Member for Brighton Pavilion, seeks to require the Secretary of State to conduct a review of bus use by children, or those under 18, to consider the impact of making bus travel free for them. The Government remain committed to exploring targeted solutions that deliver value for money to taxpayers, while ensuring affordable bus travel for those who need it most, particularly young people.

Local authorities and bus operators can choose to offer concessions to children and young people. For example, in the year ending March 2025, these concessions were offered by 24 out of 85 travel concession authorities in England outside of London, and by at least one commercial bus operator in 73 out of 85 local authority areas in England outside of London. A good example of that is Cambridgeshire and Peterborough combined authority, which launched the tiger bus pass, offering bus fares of £1 for those under 25.

We want bus fares to be affordable, which is why we are funding the £3 bus fare cap until March 2027, and confirming around £900 million in revenue funding each year from 2026-27 to maintain and improve vital bus services. As I said, local authorities may choose to use this funding to support such initiatives based on their local needs. As such, I ask the hon. Member for Brighton Pavilion to withdraw her new clause.

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 10

Review of the English national concessionary travel scheme

“(1) The Secretary of State must, within six months of the passing of this Act, conduct a review of the English national concessionary travel scheme (ENCTS).

(2) A review undertaken under this section must assess—

(a) the effectiveness and impact of the ENCTS for eligible persons,

(b) the impact of the timing restrictions of the ENCTS, and

(c) the approximate cost of removing timing restrictions of the ENCTS to allow eligible persons to use the scheme 24 hours a day and seven days a week.

(3) In conducting the review, the Secretary of State must consult relevant stakeholders, including local councils, transport authorities and relevant user groups.”—(Siân Berry.)

This new clause would require the Secretary of State to conduct a review of the English national concessionary travel scheme (ENCTS) and explore the consequences of removing timing restrictions.

Brought up, and read the First time.

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Steff Aquarone Portrait Steff Aquarone
- Hansard - - - Excerpts

New clause 32 in my name and new clause 10 in the name of the hon. Member for Brighton Pavilion both call for a review into the impact of the current timing restrictions, whereby those eligible for the ENCTS, whether through age or disability, receive free travel only after 9.30 am. I am grateful to my hon. Friend the Member for Harrogate and Knaresborough (Tom Gordon) for tabling new clause 48, and I am happy to speak to it. I wish to press new clauses 48 and 35 to a Division, but I will not press any other remaining Liberal Democrat new clause.

New clause 48 would immediately remove the time limit for those with disabilities. It may surprise the Committee to learn that I am going to praise a transport policy of Norfolk county council, which has used its discretion to remove time limitations and allow disabled people to use their bus passes at all hours. I have heard very positive feedback. Therefore, I think the new clause would be a sensible and useful measure. I urge the Government and the Committee to support it.

Simon Lightwood Portrait Simon Lightwood
- Hansard - -

To respond to new clause 10, the English national concessionary travel scheme costs around £700 million annually, and any changes to the statutory obligations, such as extending the hours in which a pass can be used, would need to be carefully considered. As I said to the hon. Member for Brighton Pavilion regarding new clause 9, local authorities in England already have the power to offer concessions in addition to their statutory obligations.

A review into the ENCTS was concluded in 2024, which included an assessment of the travel times of the scheme; the Government are considering next steps. On that basis, and as the new clause would cut across the ENCTS review, I ask the hon. Member for Brighton Pavilion to withdraw it.

Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

The Minister refers to the cost of concessions. Has he made an assessment, or is he aware of what the assessed cost would be, of removing the time restriction, as proposed in new clause 48?

Simon Lightwood Portrait Simon Lightwood
- Hansard - -

As I have already explained, local authorities across the country already have powers to use their funding, and they have done so on many occasions.

New clause 32, which is on a similar theme, would require an assessment of the impact of and means to removing restrictions on concessionary travel passes. As all hon. Members know, the Government’s intentions are to give power to local leaders to determine their local priorities. That is why the £900 million of bus funding secured in the spending review will enable local leaders to expand their offer on concessions beyond their statutory obligations, if they so choose. I have said that the Government are considering our next steps on the ENCTS review. I therefore ask the hon. Member for North Norfolk not to press the new clause.

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None Portrait The Chair
- Hansard -

With this it will be convenient to discuss new clause 29— Review of the impact of funding cuts on bus services

“(1) The Secretary of State must, within six months of the passing of this Act, lay before Parliament a report detailing the impacts of funding cuts to bus services since 2015.

(2) A report under subsection (1) must include, but may not be limited to—

(a) an assessment of changes in bus service provision, including frequency, coverage, and the extent of route reductions;

(b) an evaluation of how funding cuts have affected access to public transport for residents, particularly in rural and low-income areas;

(c) an analysis of the impact on passenger patronage and the financial stability of bus operators and local transport authorities;

(d) a review of the broader social, economic, and environmental consequences of changes in bus service provision due to funding reductions;

(e) recommendations for further actions or policies that may be required to mitigate negative impacts on bus services and ensure their sustainability and accessibility.

(3) In conducting the review under subsection (1), the Secretary of State must consult relevant stakeholders, including—

(a) local councils and local transport authorities;

(b) bus service operators;

(c) public transport user groups and community representatives;

(d) organisations representing persons with disabilities; and

(e) relevant trade unions and professional bodies.

(4) Any report must be accompanied by a statement from the Secretary of State on how the findings of the report will be addressed, including any further steps which are to be taken to support bus services and mitigate negative impacts.”

This new clause would require the Secretary of State to conduct a review of the impacts of funding cuts to bus services since 2015.

Simon Lightwood Portrait Simon Lightwood
- Hansard - -

An excellent settlement was secured for buses in the latest spending review. Although we need to determine how to spend it most efficiently, the Government recognise that ensuring that the funding is distributed fairly is of great importance.

New clause 17 would require us to come forward with a report detailing a proposed revision of the formula that is currently being used. The current formula is based on local need, taking into account factors such as levels of deprivation, population size and bus mileage. The new clause is therefore not needed. The Government have already said that we will review the current formula and engage with stakeholders in doing so.

Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

The new clause would introduce the simple but crucial requirement for the Secretary of State to publish a proposed bus funding formula within six months of the Bill’s passage, alongside an explanation of its rationale, an assessment of its distributional impacts, and any alternative models considered but not adopted.

We all recognise that bus services are a lifeline for many of our constituents, connecting people to work, education, healthcare and social functions, and yet we come back to Banquo’s ghost: funding. There are cheques being written by local authorities that opt for franchising, but where that funding will come from is absent from the Bill—it is totally opaque. The new clause would resolve that. It would not dictate what the funding formula should be. Instead, it would ensure that when a funding formula is proposed, it is done on an evidence basis, as described in subsection (2)(b), and transparently. Such transparency is essential to maintain trust in the system, especially after the vast overspends in Greater Manchester.

The new clause is proportionate and constructive, and aims to fix the significant concerns around the lack of funding detail in the Bill overall. It would help to ensure that the significant investments we make in bus services deliver the greatest possible benefits, particularly for communities that rely on them most. I will press it to a Division.

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

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Steff Aquarone Portrait Steff Aquarone
- Hansard - - - Excerpts

I imagine that there are many different calculations in different parts of the country; mine is based on casework inquiries. A limited number of fare options are available to people in my constituency, as is the case in many rural areas, and I think that £10 is a reasonable approximation.

New clause 19 would ensure that, within 12 months of the passing of the Bill, the Secretary of State must establish a scheme to reintroduce the £2 fare cap. It would restore a measure that was working, that passengers appreciated, and that delivered wide social and economic benefits. I urge Committee members to join me in supporting the new clause, axing the bus tax and putting money back into the pockets of our constituents.

Simon Lightwood Portrait Simon Lightwood
- Hansard - -

I have already explained the Government’s position on the bus fare cap. It ensures that passengers up and down the country have access to affordable bus fares and, through those, improved opportunities.

New clause 19 would provide that operators taking part in the scheme may be given priority consideration in the awarding of financial grants. That may give rise to unintended consequences; for example, it is likely that larger operators would be more able to cap fares at £2, potentially muscling out smaller and medium-sized operators in allocations for grant funding. Moreover, it also might impact service levels by reducing the funding available to keep services viable. On that basis, I ask the hon. Member for North Norfolk to withdraw the new clause.

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

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Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

This is an important new clause that deals with poor performance franchising. Subsection (1) would require the Secretary of State to produce a statement on when or how the Government would intervene in cases where franchised bus services were persistently failing because of poor operational or financial management. Subsection (2) says that the statement must set out the circumstances under which the Secretary of State would take over the management of a service and how those are to be identified, and that it must clarify the period of time for which the Secretary of State shall continue to manage the service.

As Members will be aware, under the Bill, franchising provides local authorities with significant powers to shape, manage and procure bus services in their areas. With those powers should come an equally important responsibility: the duty to ensure that services are delivered efficiently, sustainably and to the high standards that the public rightly expect. The new clause addresses that important gap in the legislation. It requires the Secretary of State, within six months of the Act passing, to lay before Parliament a clear statement outlining their intentions and mechanisms for intervention in circumstances where franchising arrangements persistently fail due to poor operational or financial management.

I will cut to the chase: we have franchising on the railways. The Government are getting themselves into a very odd position. They are saying, “We are all for devolution. We don’t want to get involved. We are removing the requirement to gain the consent of the Secretary of State to enter into franchising agreements and we have no mechanism to intervene if local transport authorities get themselves into a mess and oversee persistent underperformance.” On rail, however, they take the opposite position and their version of franchising is to nationalise. What would the Government do to remedy the situation if the transport network in a local transport authority persistently underperformed? At the moment, they are expressing no opinion at all on that.

The new clause gives them the power to set out their views. It seeks to ensure that where franchising authorities or franchisees fail to deliver contracted services, there is a backstop of national intervention to guarantee continuity and standards. Buses should not be the poor relation of rail. The new clause brings the franchised bus networks in line with the franchised rail network and introduces further certainty and confidence into the franchising system for operators, passengers and local authorities alike. Everyone will know that where persistent failure occurs, there will be a robust safety net to prevent communities being left with persistently poor franchised bus services.

Simon Lightwood Portrait Simon Lightwood
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Poor performance by operators delivering franchised services is properly managed through the franchising contracts themselves. The Department’s franchising guidance clearly states that authorities should build mechanisms into their contracts to ensure that better bus service outcomes are delivered and that poor performance from operators can be dealt with. Franchising authorities therefore have the levers to address that without the intervention of the Secretary of State.

On the subject of ensuring that franchising authorities successfully deliver bus services, I highlight that LTAs must produce a robust assessment before developing a franchising scheme. An assessment enables an authority to take an informed decision about whether a proposed scheme would deliver better outcomes for passengers and do so in a way that is financially sustainable. The assessment must, in turn, be independently assured.

Finally and crucially, I stress that franchising authorities should ultimately be accountable to local people for bus provision and service standards delivered by a franchised network. It would be contrary to the wider principles of the Bill for the Secretary of State to break that line of accountability. I therefore hope that the hon. Member for Broadland and Fakenham will consider withdrawing the new clause.

Jerome Mayhew Portrait Jerome Mayhew
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The Minister’s comments fail to address the need for a final backstop, so I will press the new clause to a Division.

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

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Question proposed, That the Chair do report the Bill, as amended, to the House.
Simon Lightwood Portrait Simon Lightwood
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If I may, I want to put on record my thanks to you, Dame Siobhain, and the other Chairs of the Committee over the past couple of weeks. I also want to thank the Clerks, who have literally done a marathon today, running backwards and forwards—it is great to see active travel alive and well. I thank the Hansard Reporters and the Doorkeepers overseeing proceedings. I also thank the officials who have supported me in bringing this important legislation forward, and for helping me navigate my very first Bill Committee on the Government Front Bench.

Finally, I also thank hon. Members on all sides of the House for their valuable contributions and insights throughout these sittings. In particular, I thank the shadow Minister, the hon. Member for Broadland and Fakenham, and the Liberal Democrat spokesman, the hon. Member for Wimbledon—please pass on my regards to him. I thank them for the insights that they have brought and the very good-natured way in which they have contributed to the Committee sittings. I know that we all want to deliver the best possible public transport system for our constituents, and I very much look forward to further engagements with hon. Members on the Bill.

Jerome Mayhew Portrait Jerome Mayhew
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I associate myself with all the Minister’s comments, particularly those regarding the officials and everyone who has made this Committee work over the last few weeks. I am very grateful to hear the Minister’s nice words about how he was listening carefully to what we said. If that were the case, I wonder why he did not accept any of our amendments, but it may just be a question of time—he may reflect further on them. It is great that we have managed to finish a day early, at the time that the Government Whip, the hon. Member for Halifax, had in her mind. I also thank her for the way in which she has managed the operation of this Committee behind the scenes.