Jerome Mayhew MP: speeches

Speeches

• 3 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Seventh sitting) · Hansard source

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  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.

• 3 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Seventh sitting) · Hansard source

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  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?

• 3 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Sixth sitting) · Hansard source

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  If hon. Members cast their minds back to earlier, they will know my exact views on amendment 75, so I will not repeat them. I will not speak on amendment 69, because my remarks would be similar to those on amendment 75. I will, however, speak briefly on clause 35. Clause 35 will introduce measures on disability training. There is currently a requirement in article 16 of EU regulation 181/2011 for mandatory training on disability awareness and disability assistance to be undertaken by particular categories of staff of carriers and terminal managing bodies, with different categories of staff required to do different elements of the training. The Government are totally right to realise that that is an unnecessary complication, and that there needs to be a tidying up exercise so that all staff dealing with passengers in the transport sector receive similar training. Clause 35 streamlines the requirement so that all categories of local bus service staff referenced in article 16 of the EU regulation should undertake both disability assistance and disability awareness training, and stay current every five years. It enables bus drivers and staff who deal directly with the travelling public or issues related to them, including those who provide direct assistance to passengers, to be informed of the needs and experiences of disabled people—quite right too. That is a good clarification. Clause 36 deals with training about disability and contains further provisions. Its intentions are as decent as those of clause 35, and they are undeniably important. Namely, it seeks to ensure the effective implementation of disability awareness training requirements. However, we need to be aware of the potential issues with regulatory overreach and the administration burden. Measures under subsection (1) of the clause empower the Secretary of State to require operators to keep, publish and provide compliance records. I am repeating myself slightly, but this is an important point: we are dealing with primary legislation that covers the entire sector. It affects not just big organisations but SMEs; we have to remember that not all operators are large organisations. For SMEs with a small workforce or a small fleet, increases to the administrative burden can be disproportionate to the benefit that such requirements to maintain data can bring to others. I wonder whether that burden is justified in terms of its outcome, and not just theoretical tidiness. Theoretically, I understand the provision and it makes sense. We are saying, “We want operators to do these things, therefore we want records that are updated and published regularly.” In reality, that comes with a time and labour cost. How will services be improved in practical terms as a result of the additional requirement? Has the Minister already conducted an impact assessment of the additional financial and administrative burdens that the measure will place on smaller local authorities and bus operators? Government amendment 20 ensures that references in the Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013 to the “enforcement authority” cover traffic commissioners responsible for taking enforcement action under regulation 10A. Again, I will leave it to the Minister to address the amendment. I hope Committee members are applauding my changed approach to the pace at which I am going through some of these provisions—it is against my better judgment. As a former lawyer, I love going into the subsections, but I am trying to canter on. There is a concern with amendment 20 that we are loading a whole load of additional obligations on to traffic commissioners, these previously unknown—certainly in my case—servants of the state. A question arises about capacity and the funding necessary to increase it. Traffic commissioners already oversee a vast amount of regulatory functions for operating licensing, vehicle standards and general compliance across the bus and coach sectors. The Bill, particularly clause 36, adds significant additional enforcement duties, and that obviously comes at a cost in both manpower and legal fees. If a commissioner takes enforcement action, they have to be prepared to defend their decisions in court, and that is expensive, particularly if they lose. We can all agree that there are significant costs associated with the clause, should it be enacted, but the Bill is silent on funding for traffic commissioners—there is no mention of it all. What is the assessed cost to traffic commissioners of the proposed changes, in aggregate? What changes will be made to traffic commissioner budgets to allow for this burden? Will the Minister conduct an assessment of the current work of traffic commissioners and whether they have the resources and time to fulfil this additional duty? Those are minor but important points; we have to think about the practicalities of what we are asking. This is not guidance but primary legislation, so we need to be cognisant of its consequences and prepare for them. Government amendment 21 follows amendment 20, and I have no comment on it. The same goes for Government amendment 22, which is another procedural tidying-up exercise that I have no objection to. Ordered, That the debate be now adjourned.— (Kate Dearden.)

• 3 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Sixth sitting) · Hansard source

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  I am grateful for the Minister’s considered response to all the amendments. I spoke in favour of a number of amendments tabled by the hon. Member for Battersea (Marsha De Cordova), who is not a member of the Committee. The mathematics of the Committee are pretty obvious, so I will treat the majority of them as probing amendments. Some of them have done their work, and I hope that those that the Minister batted away will be quietly reconsidered when he is back in the comfort of his ministerial office. I consider amendment 40 to be one such probing amendment, so I will not press it to a vote. I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn. Amendment proposed : 43, in clause 30, page 32, line 42, at end insert— “(6A) The bodies listed in (6) may depart from such guidance only if— (a) it considers that there are exceptional local circumstances which justify the departure; and (b) it has obtained the written approval of the Secretary of State to the proposed departure. (6B) The bodies listed in (6) must pause the construction of any stopping place designed as a floating bus stop or shared bus stop boarder, and must not proceed with construction, until the Secretary of State has issued guidance under this section relating specifically to the design and use of floating island bus stops and shared bus stop boarders.”— (Jerome Mayhew.) This amendment would ensure that listed bodies would be obliged to follow the guidance except in exceptional circumstances, and would require those bodies to pause construction on new floating bus stops and shared bus-stop boarders until guidance has been published. Question put, That the amendment be made.

• 3 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Sixth sitting) · Hansard source

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  I challenge the Minister’s rationale on clause 30. I understood him to be saying that making a duty mandatory might force the Government to issue guidance before consultation is undertaken, but there is nothing in the clause that suggests that. If he wishes to propose that as an argument against amendment 40, he needs to set out what it is in said amendment that would require the issuing of guidance prior to any consultation or standard operating procedures. I cannot see anything like that.

• 3 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Sixth sitting) · Hansard source

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  I bow to the hon. Gentleman’s greater knowledge of training in this area. I am substantially persuaded by the information that he put forward in his intervention. Amendment 52, which is in my name, seeks to ensure that any training or requirements established under this clause do not include guidance that would advise, encourage, direct or imply that individuals, in this instance bus drivers, should put themselves in danger at any stage. I am grateful for the Minister’s non-verbal indication during my earlier comments that I was right in assuming that that was not the Government’s intention, but my amendment would make express what the Minister has implied. Although it is entirely right that drivers and frontline staff receive training to identify, respond to and, where safe, prevent criminal and antisocial behaviour, we must be clear that their personal safety is also essential. The amendment ensures that no training delivered under these provisions would ever advise to the contrary. It preserves the purpose of clause 34 by ensuring staff that are trained to recognise and respond appropriately to crime and antisocial behaviour while guaranteeing that such training will never instruct them to act beyond what is reasonable and safe. I will leave it the Minister to address amendment 73. Amendment 75, also tabled by the hon. Member for Wimbledon, would require relevant senior managers to undertake regular training on disability awareness and accessibility. I appreciate its intention, but I have two concerns. First, it would inevitably place an additional regulatory burden on operators and local transport authorities, where there is currently no clear evidence of an existing gap that needs to be filled. We have to remind ourselves that we are not running the buses in this Committee; we are creating legislation that requires other people to run the buses in a certain way. As legislators, it is always tempting to think, “Oh, that’s a good idea. Let’s put that in the Bill.” However, we sometimes forget that we are dealing with primary legislation, which requires an Act of Parliament to change. We need to be very careful that we do not create an administrative overload, and this provision would be an additional regulatory burden without clear evidence. We also need to be cognisant of the fact that, although some of the potentially affected organisations will be local transport authorities or large municipal bus companies—at least in the future—many of the affected businesses will be small and medium-sized enterprises, some of which will be very small local bus operators that need to be protected from over-regulation. Secondly, there is a danger of duplication and confusion when there are other statutory duties and guidance being created in the Bill, particularly those in clause 30 that deal with the safety and accessibility of stopping places. We need to ensure clarity, not an overlapping jurisdiction of training mandates, which may cause regulator confusion. Those are my concerns about amendment 75.

• 3 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Sixth sitting) · Hansard source

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  I will not rehearse the rationale behind the need for the proposed new sections in clause 33; the Minister has set that out pretty clearly. However, there is one issue that I seek clarification on from him or his officials. The clause makes it an offence for an operator to permit a driver to drive a closed school service if the operator either knows or has reason to believe that the driver is barred from undertaking regulated activity relating to children. So far, so good. That is an offence and it comes under the criminal justice system. The clause also requires the operator to check the enhanced criminal record certificates at least every three years, and it sets out how that can be achieved, but it is silent as to whether the failure to do so is an offence. I have a question for the Minister: if an operator fails to comply with the duty to check every three years, what are the practical consequences? Is that failure an offence? I stand to be corrected on that; I may have misread the clause when I read it some time ago. If it is not an offence, how does he intend proper enforcement to be undertaken, because without robust enforcement and information on the consequences of failure to comply with the clause, the safeguarding duty risks being diminished? I will not go into the details of Government amendment 76. I fundamentally accept the need for it, because it deals with devolution. It does prompt a question about timescales, however, which the Minister might be able to put my mind at rest about. We want these improvements to be made, because they address the safety of children and the provision of transport for children, which are important. Yet through the devolution process that we all have to respect, we run the risk of a delayed response in devolved areas of the country, because there is currently no guarantee of timescales in the clause. I understand the constitutional niceties that the Minister has to comply with, but it would be helpful for Committee members, and for Members of the House more widely, to receive some assurance that conversations have at least taken place with the devolved Administrations, so that they are fully aware of the need for this amendment and their own legislative processes are not unduly delayed. If he could reassure me on that point, I would be grateful.

• 3 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Sixth sitting) · Hansard source

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  Clause 34 concerns crime and antisocial behaviour. It is about improving personal safety and the perception of safety for people, especially women and girls, which was a key component of the Government’s manifesto. The measures aim to train staff in the bus industry to identify and respond to acts of crime, including violence against people, particularly women and girls, and antisocial behaviour. The Minister will deal with the details of the clause in his remarks, so I will reduce my comments as much as I can. Although the principles of clause 34 are, of course, difficult to argue against, I have a number of concerns about the current drafting, similar to the concerns I had with clause 33, that I urge the Minister to address. Proposed new section 144F(2) of the Transport Act 2000 requires training “to identify, respond appropriately to and, where safe to do so, prevent” crime and antisocial behaviour, but it does not set out minimum content standards or accreditation requirements. This is a sensitive issue. We are anticipating drivers putting themselves into certainly confrontational—perhaps even violent—situations, so we have to be very careful what we are asking them to do in the legislation. Will the Minister confirm that it is not the intention of the legislation to require bus drivers to physically intervene in potentially violent situations? That is quite an important point that we need to make clear. How will we ensure the consistency of training quality across different bus regions? Has any assessment been undertaken of the availability of training professionals across the country? It is not a niche area, but it is certainly a small area of training. If not, how can the Minister impose a requirement without having undertaken an assessment of the ability of the sector to comply with that requirement?

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fourth sitting) · Hansard source

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  I am not persuaded by the Minister’s arguments, valiant though they were. I therefore intend to press the amendment to a vote. Question put, That the amendment be made.

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fourth sitting) · Hansard source

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  I will speak to amendment 51 in my name and set it in the context of clause 22. Subsection (1) repeals section 22 of the Bus Services Act 2017, which stated that the relevant authorities listed in that section could not “in exercise of any of its powers, form a company for the purpose of providing a local service” in England. Its repeal allows the wide-scale creation of municipal bus companies. That was in the Labour party manifesto, from memory, so I understand why the Government are doing that, and there was also reference in the King’s Speech to encouraging the expansion of the municipal bus company sector. There are currently eight such companies in England and Wales. It is clearly the Labour party’s ideological position—we should be clear about it—that the state is better placed to run the commercial operations of bus companies than the private sector. That is not about provision, routes, capacity or approach to additional needs; it is the nuts and bolts of how to run a commercial operation—purchasing or leasing, maintaining, training and operating a bus company. Why would a local authority be better at the things that I have just mentioned than a specialist business, the main operation of which is exactly that? It is a truism that local authorities are not traditionally renowned for their efficiency, and the same could be said of national Government. It is not impossible for them to do a good job—in previous sittings, I have made positive reference to one or two of the existing municipal bus companies that do—and I will not be ideological in the opposite direction, but running commercial operations of this kind is not a natural strength of local authorities. Cost management, customer relations and maintenance and renewal are all natural strengths of the private sector. From my perspective, therefore, this policy change is a very odd decision. Clause 22 exposes the political approach of Labour, which is more interested in creating the supplier than supporting the passenger. We have seen that theme in clause after clause throughout the Bill. Subsections (2) to (5) create new requirements that mirror existing subsections (1), (2) and (13) of section 74 of the Transport Act 1985, which disqualify directors of existing public transport companies from being members of the local authority that owns the company. The new requirements will ensure that directors of the new local authority-owned bus companies formed after the repeal of section 22 of the 2017 Act, which I have already referred to, are subject to the same governance requirements. If we are going to do this, that is a sensible safeguard. Subsection (2) provides that a director of a local government bus company who is paid to act in that capacity or is an employee of the company or of a subsidiary is disqualified from being elected or being a member of a relevant authority that controls the company, so there is a degree of separation. Subsection (6)(b)(ii) disapplies section 73(3)(b) of the 1985 Act, which relates to money borrowed for the purpose of or in connection with a public transport company’s provision of local services. That removes the restriction on existing LABCos in England accessing private borrowing where the money is borrowed for the purpose of or in connection with providing local bus services. I can see why private businesses that have good control of their costs would do that, but allowing additional public sector borrowing by municipal bus companies as well as the very significant commercial risks associated with franchising is another concerning element of the clause. This is franchising with knobs on. Not only is the local transport authority taking direct commercial responsibility for the provision of services, which has not happened before, it is then, instead of contracting out those services for a fee—which is what franchising is in the majority of cases—going the extra step and being the other side of the charterparty in operating the company to which it is franchising. That is a doubling up of the commercial risk and bets taken by local authorities, and on top of that, they are being allowed to raise debt as part of the operating company. I fear that there may be some trouble ahead as a result of this approach. What control will be applied to that debt? Who is responsible for the debt on the failure of a LABCo? That is an important question. Does the debt fall with the LABCo or revert to the local authority as the only shareholder? Will it come back to the local transport authority as the ultimate owner? What provisions are in place to protect the public purse? My concern is that this bit has not been properly thought through. LABCos have an obvious potential conflict of interest. They are owned by the local transport authority, which is the contracting body for the bus services that they supply. Whether true or not, there is a risk of an impression of impropriety if there is not a proper arm’s length approach, so we have to go the extra mile. If we as a Committee decide to support this clause, it is incumbent on us, where we recognise that people will likely think that there is an overly close relationship, to put the safeguards in place now to prevent any indication that that might be the case. The local authority, as an emanation of the state, should bend over backwards to ensure fair play in the tender process and to ensure that that process is obviously fair—that justice is not just being done, but being seen to be done. It is equally obvious that any contract award process from the local transport authority to a LABCo must be fair. Coming on to amendment 51, the Procurement Act 2023 sets out a fair process to ensure that no underhand tender activities are being undertaken by a local authority—that is its rationale. Yet although clause 22 takes steps to ensure that directors are at arm’s length from local transport authorities, and cannot be elected members either, it currently does not prevent an exclusion under the Procurement Act for the award of contracts to new—as opposed to existing—LABCo operators. That is a clear lacuna and mistake in the drafting of the clause. The clause is trying to take account of the transitional processes where there is an existing LABCo—there are eight that we have discussed previously. As it is currently worded, however, it does not prevent local transport authorities from setting up new municipal bus companies. In fact, Labour is encouraging them to do that—or going further than that, as the King’s Speech expressed the desire that there should be many more. Despite that, the clause allows the exclusion of the provisions in the Procurement Act. That cannot be the Government’s intention, or if it is, the Minister needs to tell the Committee that that is the case. That is my first question: is it the Government’s intention to allow the exclusion of the provisions of the Procurement Act in such circumstances—yes or no? If it is, why should those provisions be excluded? Amendment 51 in my name would fix that oversight. It would ensure that any contract awarded after a franchising scheme by a franchising authority cannot be exempt from the Procurement Act 2023 unless it is awarded to a LABCo that meets the specific criteria that it was already providing services on 17 December 2024. In other words, we accept the transitional need for LABCos that have been operating over the last years, or that are currently operating, to be excluded. However, any new LABCo should be properly compliant with the Procurement Act 2023. That protects the ability to roll over a transitional contract where the previous provider was a legacy LABCo, and stops the creation of a new loophole that would allow a local transport authority to misuse roll-over clauses to bypass the proper tender process and award to its own bus company. It cannot be the Government’s intention to allow such an abuse of tendering, so if they will not adopt my amendment, what other effective steps will they take? How will they stand up for fair competition, the taxpayer and the passenger—or is their focus, again, on the supplier?

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fourth sitting) · Hansard source

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  Committee members will be pleased to hear that I will whip through the clauses quite quickly. Clause 15 amends the Transport Act 2000 to widen the measures that can be taken by a local transport authority under an enhanced partnership scheme so that they can relate to any local services in the area concerned. That is very sensible; we need not trouble the Committee any longer with consideration of that clause. Clause 16, which deals with the passenger benefit requirement, replaces section 138C(9) of the 2000 Act. It sets out requirements in respect of local services to allow an enhanced partnership scheme to require bus operators to provide benefits to bus passengers in return for public expenditure on facilities or measures that will reduce operating costs. It is a simple and practical balancing act between the commercial operations that pay for themselves and the socially necessary additions that a local transport authority may wish to negotiate as part of the enhanced partnership. It is about the quid pro quo of how those can be funded other than by direct subsidy. Clause 16(9)(a) provides that local transport authorities may include requirements that relate to operators establishing and operating arrangements that facilitate an EP scheme, and subsection (9)(b) may require bus operators to provide benefits to bus passengers if they benefit from action taken by the LTA or other public authorities, including the Secretary of State. Again, this is a sensible adoption of a quid pro quo process rather than having route extension with direct subsidy. For the Conservatives, the provisions seem to sensibly widen the options for trade-offs, and we are supportive of them. Clause 17 inserts into the 2000 Act proposed new section 138(KA), so that where an EP scheme can be varied in accordance with the scheme, a variation can be made under section 138(K) only when the Secretary of State is satisfied of two things: first, that operators have behaved unreasonably or obstructively, and secondly, that the variation or revocation will benefit the users of local services. Again, this is a sensible approach for the Secretary of State to take and we will not object to clause 17. The Liberal Democrats’ new clause 37 would deal with the variation of EP schemes to improve the integration of public transport. It would mean that a variation to an EP could take place only if it had the effect of improving integration across different modes of transport. Although I understand and applaud the rationale behind the drafting of the new clause, one has to be careful of the unintended consequences, because it would prohibit any change to an EP that did not also improve integration across different modes of transport. Many variations to an enhanced partnership might have multiple benefits for passengers, but might not have the benefit of improving integration across different modes of transport. Under a strict reading of the new clause, such improvements would be prohibited. I know that is not the Liberal Democrats’ intention, but as the new clause is worded that would unfortunately be the effect. I will not make any comments on new clause 50, other than that, unusually, I support the words of the Minister in that the trade unions already come under the wording of the Bill.

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fourth sitting) · Hansard source

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  I asked the Minister a couple of specific questions about debt management, so I would be grateful if he would answer them before moving on. He will, of course, remember that I asked about the provision of debt, the ability of a LABCo to raise debt, and what happens to that debt if the LABCo should fail. Does it return to the local transport authority, as the ultimate owner? Have the Government thought this through?

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fourth sitting) · Hansard source

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  The Minister was looking at his officials. I do not want to put him on the spot—obviously, I do, but not really—if this is a question to which he does not immediately know the answer. If he will write to me, through his officials, with that answer, or clarify it later in the sitting, I would be grateful.

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fourth sitting) · Hansard source

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  The Minister did a good job of précising the contents of the clause, so I will not repeat that—I know everybody will breathe a big sigh of relief. However, there are some issues; essentially, clause 21 requires a bus network accessibility plan to be created, but it does not then tell us what to do with it. My questions are around the theme of: “So what?” It is all very well to create a plan that just describes the status quo, but there is no requirement to improve. The current effect is to create cost and bureaucratic process with no outcome for passengers. This is a real problem with both this legislation and legislation more widely: we think process is very important—because we are policy people—so we focus on all the hoops that organisations need to jump through. Too often, however, we forget to take the next step and understand the practical impact of the process on our constituents, in particular those who use buses. There appears to be no positive benefit from the clause as drafted, other than having another document collecting dust on a shelf somewhere. What is the point of the requirement? It identifies need and describes what the LTA is planning to do about it, but that is it. It feels a bit like virtue signalling without funding, since improvements are expensive, particularly provisions for those with additional needs and disabilities, and do not add significantly to the fare box. What is the practical application of the clause? It applies a significant additional burden on local transport authorities, which have to jump through the hoops that we are creating, but what is the benefit? New clause 23 in the name of the Liberal Democrats is a different version of the same thing, but I look forward to the explanation and advocacy of it by the hon. Member for Wimbledon. The only difference is that the plan would be annual rather than triennial, which would triple the amount of bureaucracy and cost associated with the provision. The new clause would include proposals to improve bus route accessibility but, again, with no requirement actually to change anything. I know that is not the intention of the hon. Member, but both the clause and the new clause are entirely useless without funding attached. Since no reference to such funding appears anywhere in the Bill, that does beg the question, what is the point of the clause and the new clause?

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fourth sitting) · Hansard source

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  We are getting to some of the more interesting parts of the Bill now. The clause amends relevant sections of the Transport Act 2000 on enhanced partnerships and plans to help authorities better reflect the needs of disabled users of local bus services and the design of enhanced partnership schemes and plans. Subsection (2) inserts proposed new section 138CA into the Transport Act 2000, which provides that: “An enhanced partnership scheme may specify…requirements about enabling persons with disabilities to travel on local services”— and then we get the good phrase— “independently, and in safety and reasonable comfort”, including for taxi guarantee schemes. It also states: “Before making an enhanced partnership scheme, a local transport authority must consider whether the requirements proposed to be specified in the scheme will enable persons with disabilities to travel independently, and in safety and reasonable comfort, on local services”, and it includes definitions for the purpose of the clause. Subsection (3) pops proposed new paragraph (ba) into section 138F(6), on consultation. It includes disabled users or prospective users of local services, or organisations representing disabled users, among the list of people or entities that authorities must consult before making an enhanced partnership scheme—so, good progress there. Subsection (4) inserts proposed new subsections (9) and (10) into section 138K of the Transport Act. It states: “Before varying an enhanced partnership scheme, a local transport authority must consider whether the requirements proposed to be specified in the scheme as varied will enable persons with disabilities to travel independently, and in safety and reasonable comfort, on local services…to which the scheme as proposed to be varied relates.” It is important that the schemes are designed to be widely accessible, including to those with disabilities. Consultation with affected groups in the design of services, as anticipated by subsection (3), is the right approach, and the clause makes clear the importance of designing services with the needs of persons with disabilities in mind. I ask the Minister: what consultation with groups representing persons with disabilities was undertaken prior to the drafting of the Bill? Although I welcome the clause, did the consultation include reference to floating bus stops, as anticipated in clause 30? If so, did the Government take account of that input?

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fourth sitting) · Hansard source

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  I beg to move amendment 51, in clause 22, page 16, line 31, at end insert— “(4A) In relation to the award of a local service contract by one or more franchising authorities pursuant to a franchising scheme, any contract to be awarded pursuant to that franchising scheme shall not be an exempted contract under the Procurement Act 2023 unless awarded to a local government bus company that is an Exempted Local Government Bus Company and Schedule 2 to the Procurement Act 2023 shall be construed accordingly. (4B) An Exempted Local Government Bus Company is a local government bus company as defined by subsection (5) and which was in business providing local services on 17 December 2024. (4C) In section 3 of the Procurement Act 2023 (public contracts), after subsection (6) insert— ‘(7) Section 18 of the Bus Services (No. 2) Act 2025 restricts the circumstances in which local service contracts awarded to a local government bus company are to be regarded as exempted contracts.’” This amendment ensures that any contract awarded under a franchising scheme by one or more franchising authorities cannot be exempt from the Procurement Act 2023 unless it is awarded to a local government bus company that meets specific criteria - specifically one that was actively providing local services as of December 17 2024, and aligns with the provisions outlined in section 18(5) of the Act.

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fourth sitting) · Hansard source

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  I will be brief. I agree with the explanation given by the Minister. This is a sensible clarification and we have no objections. Question put and agreed to. Clause 20 accordingly ordered to stand part of the Bill. Clause 21 Bus network accessibility plans Question proposed, That the clause stand part of the Bill.

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fourth sitting) · Hansard source

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  This clause is sensible. The Minister is right that it will streamline the objection process, so that instead of having to wait for a month to see whether anyone has objected, the affected parties will be able to notify the local transport authority in writing that they have no intention of objecting. The timetable will be shortened as a result. The approach is multi-layered. The measure relates to the preparation, notice and consultation stage, which is section 138F of the Transport Act; the making of plans and schemes, section 138G; the preparation, notice and consultation for variations, section 138L; and the making of variations, section 138M. This is a common-sense approach to preventing unrequired notice periods from delaying the ability of LTAs to take action. Clause 19(6)(a) will have the effect that where an LTA issues a notice of an intention to revoke an enhanced partnership plan or scheme, it is no longer required to state the date on which the revocation takes effect under the notice. That will allow the LTA to proceed with the revocation where the relevant operators have also indicated that they do not intend to object under the new arrangements. Again, that is sensible streamlining. I applaud the Government on a good tidying-up exercise. Question put and agreed to. Clause 19 accordingly ordered to stand part of the Bill. Clause 20 Advance notice of requirement to provide information Question proposed, That the clause stand part of the Bill.

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fourth sitting) · Hansard source

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  It is extraordinary to hear the Minister say that, given the entire sector is shouting from the rooftops that it will be an existential crisis for the provision of SEND travel. I simply do not understand what data the Minister or his officials are relying on to support his bold statement that it will not have an impact. If he is going against the reasoned objections of the sector as a whole, he needs to come forward with the data that he is relying on.

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fourth sitting) · Hansard source

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  Will the Minister give way?

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fourth sitting) · Hansard source

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  We have struggled with some clauses in the Bill, but clause 24 is perhaps the most opaque of all the clauses we have been asked to consider. It takes quite a while to go through all the references to work out what the clause actually means, but once that is done, it becomes clear that it is in fact a tidy-up exercise of the requirement for the registration of local services to the traffic commissioner. It maintains equivalent obligations in Wales as apply to England and ensures that the Transport Act 1985 is read through the lens of subsequent data protections. The clause also retains the existing power of a traffic commissioner to refuse registration of a scheme if they believe that the applicant has not given them such information as they may reasonably require in connection with the application. The manner and type of such communication will be set out by the Secretary of State in regulations—okay. The one area that I have some concerns about is clause 24(4), which deals with powers conferred on the Secretary of State, as it appears to go much further than the reasons given in the explanatory notes for why subsection (4) is necessary. I will read a short paragraph from the explanatory notes: “Subsection (4) enables Traffic Commissioners to share existing registration information with the Secretary of State. It also ensures Traffic Commissioners can provide information about ongoing applications for the registration, variation or cancellation of services received before this clause comes into force”. That is the rationale behind subsection (4), but its wording gives unfettered power to the Secretary of State to use any information, provided for any purpose, without restriction. The subsection states: “in which case the information is provided without restrictions on its disclosure or use”. Why do I care about this, and why is it potentially important? It is simply because the information about a scheme could be deeply commercially sensitive. Not every bus company is a LABCo; there are private sector operators in competition with one another. The commissioner can reasonably require full details of how an operation will be undertaken, including its financial elements. The current drafting of subsection (4) allows the Secretary of State to disclose that deeply commercially sensitive information. Operators are required to give that information to the traffic commissioner—without it, the commissioner could refuse to grant an application—and the Secretary of State then gets their hands on it and can do whatever they want with it, without restriction on its disclosure or use. I highlight that point to Minister and, through him, to officials. Why should the Secretary of State have such a wide-ranging power? It is not necessary for the purposes of the Bill, as set out in the explanatory notes, and it just seems to have slipped through the gap. Can the Minister please explain why? Government amendment 18 makes a technical correction and I have no objection to it. I will also skip over Government amendment 19, in the interest of speed, for the benefit of the Government Whip. Clause 25 amends section 141A of the Transport Act 2000 to allow the Secretary of State to make regulations that require franchising authorities to provide data about services, akin to registration information, which we have just talked about. The clause also allows the Secretary of State to make regulations authorising the collection and publication of additional categories of information. The intention of clause 25 is to obtain a better understanding of the nature of the services that are currently being provided, who is providing them and how they are doing so, including an understanding of the vehicles used, the number of staff engaged and the cost. I am developing a bit of theme here, but so what? What will the Government do with this information? Why is it useful? In itself, it does not change behaviour. I am not against the collation of the information, so long as it used to good effect, so I would be grateful for the Minister’s explanation of how he intends to use it. Clause 26 deals with information obtained under the Statistics of Trade Act 1947, which gives powers to competent authorities to require organisations to provide data, for economic forecasting, in essence—the kind of data that is used by the Government Statistical Service. Section 9 of the 1947 Act prevents the disclosure of such information that identifies an individual undertaking without the prior written consent of the provider of the information. That is obviously very sensible. The Government want to find out what is happening in the economy to inform their policies, so under the 1947 Act they gave themselves power to require businesses to provide interesting information about their operations. As an aside, I used to run a business, which was asked for information by the Bank of England on a quarterly or perhaps six-monthly basis so that it could get a feeling for what was happening in the economy. It did not want the Westminster bubble or the square mile bubble; it looked at the real, lived experience of businesses. Those businesses provide useful data, which informs interest rate decisions and Government policy. But the last thing a businessman wants is for that information to be sent out into the public realm with their name attached to it. If they said, “Oh, isn’t it terrible? Orders have gone through the floor and we’re planning to lay a whole load of people off,” they would not want that information to be in the public domain; they provide it in confidence.

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fourth sitting) · Hansard source

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  It is a pleasure to serve with you in the Chair, Dame Siobhain. I have concluded my remarks on this group.

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fifth sitting) · Hansard source

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  I am grateful for that intervention; my hon. Friend is right. I do not want to demonise cyclists. Cyclists are not out there actively trying to mow down pedestrians seeking to cross at floating bus stops; they are doing their best in the vast majority of cases, but we have created, with the best of intentions, a conflict between foot passengers and cyclists. I would submit that we have the balance of convenience wrong, and we should be brave and bold enough to admit where we have made a mistake and should take effective steps to improve the situation. Floating bus stops are inherently inaccessible and dangerous. They compromise the safety of people with visual impairments, who potentially cannot see or hear cyclists. They confuse wheelchair users and those with mobility impairments, who are put off using public transport. New clause 12 would strengthen democratic oversight by requiring proposals to be laid before both Houses of Parliament. New clause 13 was also tabled by the hon. Member for Battersea; in her absence I shall set out what it does. The new clause would require the Secretary of State to commission an independent review of the safety and accessibility of floating bus stops and shared use bus boarders to be undertaken in collaboration with groups representing disabled people in England. I made clear in my earlier remarks the dangers caused by floating bus stops to the safety of disabled, partially sighted, blind and elderly people, and I support the new clause, as it would add further checks and balances to clause 31 and strengthen the Government’s stance on the issue. The requirement on the Secretary of State to commission an independent safety and accessibility review and to undertake that review in collaboration with groups representing disabled people would not only help to ensure that the Government’s response to floating bus stops was evidence-based and centred specifically on safety concerns and the lived experience of people trying to use such bus stops, but accommodate consulting the wider disabled community, not just the Disabled Persons Transport Advisory Committee. New clause 40 was tabled by the hon. Member for Wimbledon and he will be delighted to hear that he has my support. I will leave it to him to rehearse all the details of the drafting, if he wishes to; suffice it to say that that the new clause would require the Secretary of State to conduct a review of all existing floating bus stops—not future ones, but the ones that are already there—and their level of safety, and to state the Government’s plans to implement necessary retrofits to ensure that they are fully accessible and safe. I welcome any amendments that add checks and balances to the Bill to help to ensure the safety of passengers and nullify the safety issues with floating bus stops. My new clause 47 accommodates the aims of new clause 40(2), but goes one step further by prohibiting any new floating bus stops after the day on which the Bill becomes an Act. I fully support the Liberal Democrat new clause. Members will be delighted to hear that my new clause 47 is the last clause in this group, so I will sit down in a moment. Were the new clause to be adopted, it would do three important things. Subsection (1) would establish an immediate prohibition on the construction of new floating bus stops by local authorities—so we would stop digging. That is the first thing: we would stop making new floating bus stops. Subsection (2) would compel the Secretary of State to review existing infra-structure to assess compliance with accessibility and inclusive design principles—that is, to see what we have and to analyse it to see whether it is accessible. Subsection (3) would require a clear and public statement to Parliament setting out what changes would be made, what steps the Secretary of State would take to ensure that they were delivered, and what guidance would be issued to local authorities to support that work. The new clause is designed to be a pragmatic response to persistent and credible concerns raised by the disabled community, charities representing blind people and elderly bus passengers who have to struggle with the safety challenges that persist with these bus stop designs.

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fifth sitting) · Hansard source

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  My hon. Friend is quite right, but in partial defence of the Government’s position, they are not requiring a change; they are facilitating a change should a local authority choose to go down the franchising route. None the less, concerns remain, and my hon. Friend is quite right to highlight them. Many local authorities will wish to pull the levers of state, and this looks like a shiny new lever. They are being led by the charismatic mayoral combined authorities—well, charismatic to some; I couldn’t possibly comment. Transport for Greater Manchester is now being followed by Liverpool and Transport for West Midlands. Those are the trailblazers. They are all going for what we have described as full-fat franchising. I am concerned that for many local authorities, being seduced by this new opportunity, as they might see it, will be a terrible mistake, and they will come an absolute cropper. Think of the cost of running a franchise service: even if a local authority has not created a municipal bus company and is just contracting out the franchise services, the commercial risk stays with the local authority. That could easily bankrupt a local authority of the size of the Isle of Wight. It is a very significant concern, and my hon. Friend is right to raise it. Amendment 30 was tabled by the hon. Member for Brighton Pavilion, who is not in her place. The amendment would, in clause 30, after “place” insert “from the surrounding area and from the nearest stopping place in the opposite direction on any route”. When we consider the usability of a bus stop, whether it is a floating bus stop or a shared use bus stop boarder, we should have it in mind that that the vast majority of people who take a but journey will want to come back in the opposite direction. The interrelationship between the bus stop on one side of the road and the bus stop on the other is important. The amendment highlights that and includes it in the Bill.

• 1 Jul 2025 · Bus Services (No. 2) Bill [ Lords ] (Fifth sitting) · Hansard source

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  I agree with everything that the hon. Member for North Norfolk said. As I hope I made clear in my opening remarks, this would undoubtedly improve the service provided not just for people with disabilities but for all of us. I will not speak to amendment 43, which was tabled by the hon. Member for Battersea; others may wish to do so. Amendment 55, tabled by the hon. Member for Wimbledon, would require relevant bodies to support the development of training programmes for relevant staff, which must address the content of disability guidance issued by the Secretary of State. The training would have to be made available to bus operating companies. I support the intention behind the amendment, as guidance alone will not deliver accessible infrastructure unless staff understand and implement it. Training will help to embed best practice among bus staff and improve disabled passengers’ safety and confidence. There is again a “but”, though. One reason to hesitate is money, but there is also a lack of detail about training providers and the additional financial burdens on local transport authorities. Where will the money come from to conduct the training in franchise bus systems? We have already seen how costly franchising alone can become, with the Bee Network. I would love to have another crack at those numbers and get the Minister finally to admit that he is wrong and I am right, but I will not, as I have tried it three or four times already. The amendment would add even more financial burden on local transport authorities, with a lack of detail about funding. Clause after clause, we are seeing, first, how expensive the proposed changes are, and secondly, how financially risky they are. Those are two different things. Something can be expensive but the risk is adopted by another organisation, or it can be expensive and the risk lies with the taxpayer. The Bill as a whole, and these clauses in particular, create more financial risk for the taxpayer, particularly in local transport authorities, and a more expensive process, because all these good things are expensive. We want to achieve all of them, but we are not seeing Government money following their ambition.