The
Committee consisted of the following
Members:
Ainger,
Nick
(Carmarthen, West and South Pembrokeshire)
(Lab)
Ancram,
Mr. Michael
(Devizes)
(Con)
Bacon,
Mr. Richard
(South Norfolk)
(Con)
Baker,
Norman
(Lewes) (LD)
Clarke,
Mr. Charles
(Norwich, South)
(Lab)
Grogan,
Mr. John
(Selby)
(Lab)
Hammond,
Stephen
(Wimbledon)
(Con)
Khan,
Mr. Sadiq
(Minister of State, Department for
Transport)
Leech,
Mr. John
(Manchester, Withington)
(LD)
Murphy,
Mr. Denis
(Wansbeck)
(Lab)
Singh,
Mr. Marsha
(Bradford, West)
(Lab)
Tami,
Mark
(Alyn and Deeside)
(Lab)
Tredinnick,
David
(Bosworth)
(Con)
Watson,
Mr. Tom
(West Bromwich, East)
(Lab)
Wilson,
Mr. Rob
(Reading, East)
(Con)
Wyatt,
Derek
(Sittingbourne and Sheppey)
(Lab)
Mark Oxborough, Committee
Clerk
attended the
Committee
Third
Delegated Legislation
Committee
Tuesday 9
June
2009
[John
Bercow in the
Chair]
Travel
Concessions (Eligible Services) (Amendment) Order
2009
4.30
pm
Mr.
John Leech (Manchester, Withington) (LD): It is a pleasure
to serve under your chairmanship this afternoon, Mr. Bercow.
May I start by congratulating the hon. Member for Tooting on his
appointment as Minister of State at the Department for Transport? I
assume that this is his first speaking engagement as a Transport
Minister in Committee.
In general,
my Liberal Democrat colleagues and I welcome the Governments
attempt to clarify the eligibility of services for the mandatory
national bus concession scheme. For the most part, we fully support the
proposals; however, we are concerned about the unintended consequences
of the order. We tabled a prayer against the order so that we could
debate it in Committee and give the Minister the opportunity to
reassure us that local transport authorities will not be left to pick
up significant costs to maintain free concessions on services that are
the only option for local people and are used as local services. Our
concerns have been echoed by some passenger groups around the country,
including TravelWatch
SouthWest.
Some
of the services excluded through the order are specific, and the order
is helpful in clarifying that they are excluded from the national
concessionary scheme.
Services
operated primarily for the purposes of tourism or because of the
historical interest of the
vehicle
were
clearly never intended to be part of a concessionary scheme aimed at
improving the social inclusion of older and eligible disabled people in
England. Similarly, although the concessionary scheme remains focused
only on bus services, rail replacement bus services clearly should not
be part of it. Unfortunately, the other types of services excluded are
less specific, so I seek assurances from the Minister.
Excluding
services that operate for less than six consecutive weeks is clearly
aimed at clarifying that shuttle services for special events are not
included in the concessionary scheme, but it will also exclude
temporary Christmas park and ride schemes, including one that ran in my
constituency. Is the Ministers intention really to discourage
pensioners who are doing their Christmas shopping from taking advantage
of special park and ride schemes aimed at cutting down on Christmas
shopping
traffic?
In
a letter to me, Les Warneford, the managing director of Stagecoach UK
Bus, seems to agree with my view,
saying:
In
general Stagecoach has no objection to the Government proposals to
define eligible services for free concessionary travel, with one
exception, which is Park and Ride services. It seems perverse to
exclude the elderly and disabled from free travel on
such services, thereby giving them an incentive to drive into congested
towns and cities. It would be more logical to expect them to pay any
parking fee element of the charge if applicable, but not to pay the bus
fare element of the charge. However, we hope that Local Authorities
will use discretion and include such services as
eligible.
I agree with Mr
Warneford: it is to be hoped that local authorities use their
discretion and include such services as eligible. However, that could
prove to be impossible given that some local authorities are already
struggling to fund eligible services, because, from one transport
authority to another, there are clear winners and losers in the
national concessionary
scheme.
Where
the fare includes a special amenity element, permanent park and ride
schemes will also be affected by the exclusion of services. I do not
believe that anyone would agree that services including complimentary
drinks or a commentary should be included, but has the Minister
considered the suggestion from Stagecoach of excluding parking charges
from the concessionary scheme, while allowing eligible passengers to
continue using the bus service for
free?
Services
where more than half of the accommodation on the vehicle can be
reserved in
advance
are
the final type excluded by the order. The consultation highlighted
concern that the order would affect some long-distance coach services
that are used as local services. I think the Government accepted that
there was an unintended consequence and in response to the consultation
stated:
We
accept that there may be exceptional circumstances where a service may
primarily function as a long-distance express service and as such be
outside of the scope of the mandatory concession, although it also
meets an important local travel need. If there is such a service, which
was part of the statutory concession under the old criteria and is
excluded by these changes, a local authority can include it in its
concessionary travel scheme as a discretionary enhancement. We believe
a local authority is best placed to make this decision. The funding the
local authority receives for the statutory concession will not be
affected.
My
concern is the potential cost incurred by local transport authorities
if they continue to fund those services. I have quite a long list of
National Express services affected by the changes. I would like some
assurance from the Minister that local people will not miss out as a
result of the order, with services no longer being provided free for
pensioners.
Some local
transport authorities are already facing cuts to other services to fund
the mandatory concession scheme, because of a shortfall in Government
funding, so they may simply not be in a position to fund those
discretionary concessions. Will the Minister confirm whether local
authorities have agreed to continue to fund the concessions? How many
services around the country are no longer being covered by the
concessionary scheme because the transport authority will not cover the
cost?
In a
parliamentary answer to my question of 18 March 2009 the
then Minister, the hon. Member for Gillingham (Paul Clark), suggested
that the total cost to local authorities in England to fund the
services that would no longer be covered by the mandatory free
concessionary scheme would be a mere £80,000. Will the Minister
confirm whether that estimate remains the same? The
Government, using 2008-09 figures, estimate that 22,500 coach trips are
affected by the order. Is the £80,000 estimate
realistic?
Will the
Minister also assure the Committee that the matter will be kept under
review and that the impact on local services will be re-examined to
ensure that some of our most vulnerable constituents do not lose out as
a result of the changes brought in by the order? I hope the Minister
can give me the reassurances I am looking for and I look forward to
hearing his
response.
The
Chairman: Whatever view the hon. Gentleman ultimately
takes of the merits of the order, which depends on the response he
receives from the Minister, he is at this point procedurally required
to move the
motion.
Mr.
Leech: I shall take your advice, Mr.
Bercow.
Motion
made, and Question proposed,
That the
Committee has considered the Travel Concessions (Eligible Services)
(Amendment) Order 2009 (S.I. 2009, No. 575).(Mr.
Leech.)
4.38
pm
Stephen
Hammond (Wimbledon) (Con): I start where the hon. Member
for Manchester, Withington started by congratulating the Minister on
not only surviving this weekends reshuffle chaos, but being
promoted? He is the fourth Minister of State I have faced in this role,
and we now have our fifth Secretary of State for Transport.
I had the
pleasure of serving on the Committee that scrutinised the Bill that
became the Concessionary Bus Travel Act 2007, which was the first
legislation on the scheme. As the Opposition said then, and I have said
many times since, we strongly support the scheme and recognise the
great benefits it brings to older people. It was disconcerting to see,
yet again, the Government suggesting, rather desperately, that the
Conservatives would scrap both the concessionary bus fare scheme and
the winter fuel payments. Those assertions are certainly not true. We
have always recognised that the ability to travel is important to the
elderly and disabled, which is why we have supported the scheme
throughout.
The purpose
of the scheme, in the initial Bill and the extension, was always to
allow elderly and disabled to travel free on local, not national,
services. It was intended to help those who, for example, could not get
to the shops or hospital by car. It was always intended for the purpose
of travelling around ones local area, not for long-distance
services. I understand that the Governments intention in the
instrument is to clarify that, and it is stated explicitly in paragraph
7.5 of the explanatory memorandum.
I hope that
the Minister will clarify a number of issues. The principle of
concessionary travel is important and I did not wish to pray against
the order, but there are some issues beyond those raised by the hon.
Member for Manchester, Withington that we would like the Minister to
clarify.
We
welcome the Governments new consultation exercise on how the
scheme should be financed. The Minister will rememberhis
predecessors certainly willmy saying many times that, although
there is probably enough money nationally for the scheme, there have
been some problems because of the local distribution of funding. Such
problems are noticeable in counties such as Lancashire, where the
borough of Preston faces an £824,000 shortfall, whereas next
door in Blackburn there are surplus funds
because of the way that the funding scheme works. We therefore welcome
the Governments consideration of the refunding of a larger area
scheme.
Mr.
Charles Clarke (Norwich, South) (Lab): Does the hon.
Gentleman accept that the same funding issue arises in the county of
Norfolk, where the city of Norwich has the same problems as those that
he has described in his own county? We hope that the Government will
make changes in relation to the differential impact in different parts
of the
county.
Stephen
Hammond: May I correct the right hon. Gentleman? I do not
actually come from Lancashire, although I am happy to mention it. I
come from Gods own county of Hampshire and I am fortunate to
represent the constituency of Wimbledon. He is absolutely right to
mention Norfolk. The same situation is found in counties such as Surrey
and Lincolnshire, where informal agreements have been reached exist
across the counties so that, rather than having a differential impact
from borough to borough, the funding mechanism
works,.
As
the statutory instrument indicates, there were some loopholes in the
original legislation. I am sure that the Minister hopes that the
instrument will remove them. The crux of the matter is found in
paragraph 7.6 of the explanatory memorandum, where the types of
services that the Government wish to exclude are set out. The first
item is fairly
straightforward:
Services
where more than half of the accommodation on the vehicle can be
reserved in
advance
are
excluded. I certainly accept the point made by the hon. Member for
Manchester, Withington about park and ride schemes, but I suspect that
the Government are more concerned about special and major events.
However, I am sure that the Minister will clarify the point about
shuttle buses for park and
ride.
I
am concerned about the third point in paragraph 7.6, which
states that
services
operated
primarily for the purposes of tourism or because of the historical
interest of the
vehicle
will
be excluded. How will a tourism service on the one hand, and a local
service on the other, be defined? If I was 65 or over and eligible for
the concessionary fare scheme, I could pay to travel to Bournemouth
from my Wimbledon constituency and then use the scheme to use a local
bus service from Bournemouth station to Bournemouth beach. Such a trip
would purely be for the purpose of tourism. The Minister needs to be
quite careful. If he cannot offer us an absolutely clear definition of
tourism services today, I hope that he will write to us with one,
because a crucial local service for many elderly and disabled people
might be affected in tourist areas. Moreover, the schemes
purpose of allowing anyone across the country to use local services
might also be affected. People should not be denied the right of
concessionary travel, so I hope that the Minister will clarify the
matter.
Equally,
I am sure that he would like to put on record that local services do
not use vehicles of historical interest. To use an absurd
exampleI am sure that this is not possiblesome buses
around the country have antique badges, bumpers and so on. How will
historical interest be defined? We understand the orders
intention, but again, as the hon. Member for Manchester, Withington
has said, there may well be a number of unintended consequences. The
Minister needs to be careful about how matters covered by the phrase I
quoted are
defined.
Will
the Minister also explain exactly why he wishes to exclude rail
replacement services? I would have thought that they were already
excluded from the scheme. He needs to tell us exactly why he wishes to
have that in the order. It seems to me that if one is on a rail
replacement service, one would have bought a ticket for that rail
service and that would have covered the journey anyway. I would like to
hear his explanation of why that needs to be in the order. The
provision seems to me to be
superfluous.
Finally,
I hope that the Minister will be able to detail the number of services
that are currently covered by what he wishes to exclude, and the
financial cost. The explanatory memorandum states that each travel
concession authority must decide which services are to be eligible and
which will not. Clearly, he is now rendering a number ineligible. Is he
suggesting that some authorities will be able to decide to operate some
of those services, or is he saying that they are all ineligible? Is
there any right of passenger appeal against the exclusion of services
that were previously in the scheme? Can he say what happens if there is
some dispute between local areas about the eligibility of a service and
how he intends to resolve that matter?
The
concessionary travel scheme is clearly welcome. I understand the intent
of the statutory instrument, but there are a number of points on which
it would be helpful if the Minister provided clarification, so that
unintended consequences are not harmful to not only the principle, but
the practicalities of people using the bus concessionary
scheme.
4.46
pm
Mr.
Marsha Singh (Bradford, West) (Lab): May I congratulate my
hon. Friend on his promotion? He is now the most senior British
politician of Muslim origin in the House.
My
constituents will welcome the order very much. I hope this point is not
totally flippant, but could the scheme be extended to the future
Speaker of the House, so that he does not have to take as many taxis as
his
predecessor?
4.47
pm
David
Tredinnick (Bosworth) (Con): I am taken aback by the speed
and the humour of the preceding speakers contribution. Building
on the hon. Gentlemans remarks, I have a Muslim college in my
constituency and I know that staff and students there will be very
happy at the Minister of States promotion. However, I have to
say to him that the image I have of him in his current role is of a man
on a life raft supported by 40 gallon oil drums in a sea of the chaos
of this disintegrating Government. His tenure may be very short if we
have a general election in the
autumn.
Turning
to the motion, it is inevitable that we shall be back considering this
matter again, because the scheme was poorly defined in the first place
and its scope was far too wide. What the Government did, in their usual
casual style, was to make a grand gesture to widen the concessionary
scheme. That attracted much attention
but has now brought much misery, or is going to bring much misery, to
many ordinary, decent people across the country.
I listened to
the remarks made by the hon. Member for Manchester, Withington about
the order only affecting shuttle services, coach trips and guides with
microphones, but that is not the case. I received an email from one
constituent, which says that the provision affects the most basic
services for pensioners and others. Metropolitan Hinckley, a major town
in the midlands that I represent, is made up of Burbage, Barwell, Earl
Shilton and Hinckleyall contiguous and co-terminus. The bus
service between Hinckley and Burbage will be reduced; the bus service
between Hinckley and Hollycroft and Wykin will be discontinued; buses
before 9 am from Hinckley and Earl Shilton will be discontinued; and in
Hinckley and Barwell, all Saturday services will be discontinued. Those
are fundamental services used by pensioners to get about their
neighbourhoodsto get them to the post office and into town to
do their shopping.
The
situation is very serious and complicated. In Leicestershire, we have
the county council negotiating on behalf of the borough councils, but
the Ministers predecessor, in his wisdom, saw fit to pay the
borough councilsto give them the money. Administratively, it is
very complicated. When I was looking at it today, I found some
confusion among those with whom I discussed the matter. I look this
afternoon for some reassurance about the future definition. I hope we
are going to get some narrowing of the scheme, so that I do not lose
the fundamental services in my constituency. I have a situation where a
bus company has said it is going to reduce those services. I need to
take a message back and give some hope to the company, the county
council and the borough council.
Before I sit
down, Mr Bercow, I would just like to say that I really commend
Leicestershire county council. There was a Tory landslide everywhere in
the country, but we had a massive re-endorsement of the hugely
successful Conservative county council on Thursday. We have twice as
many members as the Liberal Democrats, and as for the Labour
partyyou are looking at me Mr Bercow, I know. Were
you able to occupy the great Chair below, you would call us to order,
and I am sure you were about to call me to order here. However, there
is a point which is relevant to the debate, so I hope you will look
favourably on me. I know there is an election coming up soon, and if I
were you I would think twice about calling hon. Members to order. You
have a vested interest in letting me ramble on and on. I thank you for
your generosity. I have noted it and will remember
downstairs.
The serious
point is that the county councils bus support policy, which
provides at least an hourly Monday-to-Saturday bus service within an
800-metre walk of 95 per cent. of the homes of
Leicestershire residents, is an important safeguard. Not withstanding
the Governments intervention, that sort of safeguard is one of
the reasons why we have such a successful Conservative county council
in
Leicestershire.
4.52
pm