The
Committee consisted of the following
Members:
Chairman:
Mr.
David Amess
Caborn,
Mr. Richard
(Sheffield, Central)
(Lab)
Cox,
Mr. Geoffrey
(Torridge and West Devon)
(Con)
Crabb,
Mr. Stephen
(Preseli Pembrokeshire)
(Con)
Curry,
Mr. David
(Skipton and Ripon)
(Con)
Davidson,
Mr. Ian
(Glasgow, South-West)
(Lab/Co-op)
Hammond,
Stephen
(Wimbledon)
(Con)
Hesford,
Stephen
(Wirral, West)
(Lab)
Hunter,
Mark
(Cheadle) (LD)
Iddon,
Dr. Brian
(Bolton, South-East)
(Lab)
Joyce,
Mr. Eric
(Falkirk)
(Lab)
Khan,
Mr. Sadiq
(Minister of State, Department for
Transport)
Leech,
Mr. John
(Manchester, Withington)
(LD)
Moon,
Mrs. Madeleine
(Bridgend)
(Lab)
Tami,
Mark
(Alyn and Deeside)
(Lab)
Timpson,
Mr. Edward
(Crewe and Nantwich)
(Con)
Watson,
Mr. Tom
(West Bromwich, East)
(Lab)
Jyoti Chandola, Committee
Clerk
attended the
Committee
Fourth
Delegated Legislation
Committee
Tuesday 16
March
2010
[Mr.
David Amess in the
Chair]
Draft
Concessionary Bus Travel Act 2007 (Variation of Reimbursement and Other
Administrative Arrangements) Order
2010
10.30
am
The
Minister of State, Department for Transport (Mr. Sadiq
Khan): I beg to move,
That the
Committee has considered the draft Concessionary Bus Travel Act 2007
(Variation of Reimbursement and Other Administrative Arrangements)
Order 2010.
May I begin
by saying, not only for myself but for all colleagues on both sides of
the Committee, what a privilege it is to have you in the chair,
Mr. Amess? It would be helpful if we began by putting the
debate in its proper context, which will be familiar to hon. Members
present from the recent debate on concessionary travel special
grantsI know that the hon. Member for Wimbledon had some great
fun there, and I make no apologies for that. The policy is huge and
significant, affecting nearly every local authority, bus company and
pensioner in
England.
Buses
are the most widely used form of public transport in this
countryover two thirds of all public transport journeys are
made on them. The Government recognise that buses are particularly
important for some of the most vulnerable people in our society. For
many older and disabled people, buses provide the only link to the
places that they want to go and the people whom they want to
see.
The
Government are fully aware of that, and I am extraordinarily proud of
our record in that area. One of the legacies of the new regulation of
buses in 1986 was a postcode lottery of local concessionary travel
schemes. In 2000, we addressed that matter and ensured for the first
time that older and disabled people in England were guaranteed the same
minimum concession of half-price bus travel for their local area
regardless of where they lived. In April 2006, the minimum was further
improved. Older and disabled people were able to use off-peak local
buses free of charge in their local areas. In April 2008, we extended
the concession again to cover anywhere in
England.
The
England-wide bus concession is now a hugely popular policy. It provides
an opportunity for greater freedom and independence to around 11
million older and disabled people. However, the structures in place to
administer concessionary travel and to reimburse bus operators for
providing it have remained largely the same today as they were when a
statutory minimum bus concession was first introduced in 2001. A number
of problems with the current arrangements have been identified by local
authorities, stakeholder groups and operators. They include scheme
variations across local authority boundaries, too many negotiations
with bus operators, a lack of capacity in some authorities to negotiate
properly with operators, the difficulty of accurately funding so many
authorities and a lack of alignment between the responsibilities of
travel concession authorities and transport
authorities.
We
recognised those issues when we introduced the Concessionary Bus Travel
Bill to deliver the new England concession in April 2008. Powers were
included to enable a later transfer of responsibilities for
administering concessionary travel to either upper-tier authorities or
central Government via secondary legislation. To ease in the
introduction of the improved concession in April 2008, the Government
decided not to amend administrative responsibilities at the time.
However, one year on, in April 2009, and taking into account the
significant increases since 2001 in the number of concessionary trips
taken and the amount of money at stake, the Government launched a
consultation to consider what improvements could be made to resolve
some of the problems with the current
system.
The
consultation considered two key questions. First, how should the
statutory minimum bus concessionthe free off-peak local bus
travel anywhere in Englandbe administered? Secondly, how should
discretionary concessions be administered? For colleagues who may not
be aware of the difference, discretionary concessions are offered as
enhancements by local authorities, such as peak-travel, companion
passes and travel on other modes. The majority of respondents to the
consultation were in favour of moving the administration of the
statutory minimum concession to a higher tier of administration. The
responses regarding who should administer discretionary concessions
were more
mixed.
The
Government believe that it will be more efficient for both operators
and authorities to keep responsibility for the statutory minimum and
discretionary concessions together. Therefore, given the majority of
views in favour of upper-tier administration for the statutory minimum
concession, the order today will move the responsibility for
administering both types of concession to upper-tier local authorities.
It is worth noting that the majority of major bus operators and a
number of key passenger representative groups supported the
responsibility for both types of concessions being moved to upper-tier
local
authorities.
The
Government understand the concerns expressed by some about the loss of
lower-tier discretionary powers under the option that we are taking
forward. However, the order does not remove the ability of district
councils to consider discretionary travel schemes using the well-being
powers contained in the Local Government Act 2000. Furthermore, the
order does not preclude upper-tier authorities from maintaining or
introducing district or local discretionsfor example, where
there are differing needs in different parts of a county boundary. It
also does not preclude district councils from funding county councils
to administer discretionary concessions on their
behalf.
I
am sure the Committee will agree that the changes being implemented by
the order today will assist in securing the sustainability of this
hugely popular scheme for the future. I commend the order to the
Committee.
10.36
am
Stephen
Hammond (Wimbledon) (Con): I echo the Minsters
words of welcome to you, Mr. Amess.
The
Conservative party has always been supportive of the national
concessionary bus fares scheme, as we recognise that access to public
transport is particularly important to the elderly and people with
disabilities.
Mr.
Tom Watson (West Bromwich, East) (Lab): Out of interest,
will the hon. Gentleman tell us when he last went on a
bus?
Stephen
Hammond: I last went on a bus two weeks ago in my
constituency.
Mr.
Richard Caborn (Sheffield, Central) (Lab): With or without
concession?
Stephen
Hammond: I know that I am looking old, but I am not quite
that old
yet.
We
have always thought, throughout the concessionary bus proceedings, that
the mechanism for funding set up by the Government was not going to be
fit for purpose. Indeed, we tabled amendments to that effect when the
Bill was passing through Committee, but this is the era of adult
politics, so I shall resist the temptation to say, I told you
so. None the less, since the introduction of the scheme, our
fears have been realised, as a huge number of local authorities have
been left with a shortfall of funding, and we have been calling for the
Government to review the funding mechanisms. I therefore welcome the
fact that the Government have acknowledged the problems and brought
forward solutions
today.
The
order is one of three measures that the Government have proposed to
re-order the funding mechanisms for the scheme. The first will reopen
the final year of the agreed three-year funding settlement. That is
most unfortunate and has led to great uncertainty in London, although
we had the opportunity to debate that vigorously two weeks ago, and I
shall not reopen that discussion today. The second measure that the
Government proposed links the eligibility criteria to the state pension
age. The third is the subject of todays order, moving the
administration of the scheme from the travel concession area to the
upper or county tier. That is sensible and will help to iron out a
number of local
inconsistencies.
We
certainly need to rid ourselves of the situation in which one
lower-tier council receives inadequate funds and is left with no choice
but to cut services and raise council tax, whereas the neighbouring
authority has plenty. It is a complete postcode lottery at the moment,
of which Lancashire is a good example. The borough of Preston was
facing a shortfall of £824,000 in respect of the scheme. Down
the road in Blackburn, the council had surplus funds. Half the boroughs
in Lancashire were getting too much money; half were not getting
enough. Therefore, moving the administration to county or upper tier
should help to iron out such discrepancies. The concession areas were
too small, and enlarging them will clearly benefit the funding
mechanism.
I
agree with the Governments assessment that another potential
advantage of the scheme is that it will remove the number of
negotiations that will need to take place with bus operators. Such
negotiations can become difficult for operators and authorities,
jeopardising the relationship in terms of the provision of service. It
is important that we lessen the burdenI am happy to see that as
a by-product of the order.
Generally,
the draft order, in comparison with the one we discussed two weeks ago,
is not contentious. However, I seek reassurance from the Minister on
two or three points. We have moved from a lower tier to an upper or
county tier of administration. Will the Minister comment on whether any
consideration was given to administering the scheme nationally, as in
the Scottish
model?
I
accept that savings to lower tier authorities should outweigh the cost
to the upper tier, which should also be able to absorb the costs rather
better, but does the revised the funding settlement take those costs
and savings, and their expected flow, into
account?
What
will be the impact on the previously agreed reimbursement deals between
travel concessionaires and bus operators? In practice, is he expecting
the draft order to come in organically, as that funding deal changes,
or is he expecting a change in the middle of the funding deal to the
new order of upper-tier
reimbursement?
I
have some other points for clarification. I note that the explanatory
memorandum implies that the move will
assist
with
the widespread implementation of smart
ticketing.
Will
the Minister expand on exactly what the Government mean by the
moves assisting with
that?
I
would be grateful if the Minister told us what discussions he has had
with colleagues in Wales and Scotland on the cross-border arrangements
for concessionary bus passes, which are extremely controversial for a
number of colleagues in such
constituencies.
Dr.
Brian Iddon (Bolton, South-East) (Lab): I am getting a
little nervous. I am a concessionary pass holder and the hon. Gentleman
is giving the impression that shouldhorror, horrora
Conservative Administration take over after the general election, they
might abandon the scheme. Will he commit to continuing the
concessionary scheme for people such as me and millions of other
pensioners across the
land?
Will
the Minister confirm that the tripartite package he laid out, of which
the draft order is one part, is sufficient for such an important scheme
to continue and not be
compromised?
Pending
the answers to my questions, the official Opposition are happy to
accept the draft
order.
10.43
am
Mr.
John Leech (Manchester, Withington) (LD): May I, too, say
what a pleasure it is to see you in the Chair this morning,
Mr. Amess? I also thank the Minister for his opening
remarks.
I
shall not repeat what the Minister and the Conservative spokesperson
said. I am happy for Liberal Democrat support for the changes to go on
the record. I am also delighted to hear from the Conservatives that
they are 100 per cent. committed to the national concessionary scheme.
It is good that we have support in all parts of the House for the
continuation of the national concessionary
scheme.
I
should point out that the policy was originally a Liberal Democrat one,
which was nicked by the Labour party before the 2005 general
election.
Mr.
Caborn: South Yorkshire was the firstindeed,
Sheffield was the first cityto have the cheap fares. In fact,
the policy was for free fares in South Yorkshire, so we were the
trailblazers, not the Lib
Dems.
Mr.
Leech: I thank the right hon. Gentleman for that
intervention. I am not aware of the concessionary scheme that was in
place in Sheffield, which dates back many years. However, I am pleased
to note that Sheffield is no longer run by the Labour party but has a
Liberal Democrat
administration.
I
wish to put on record that the last time I used a bus was this morning,
and I can confirm that fortunately I am not yet eligible for a
concessionary pass. I have several questions for the Minister. Assuming
that the change in administration will lead to cost savings, will it
also lead to an overall reduction in the money made available for the
national concessionary scheme? It has been calculated to save almost
£26 million over the next 10 years, so has consideration been
given to using some of those resources to reimburse local authorities
that have received no recompense for having lost out over the past two
years, although their budgets are increasing
now?
Do
the potential savings take into consideration the savings already made
by local authorities that have co-operated to reduce the costs of
running the administration? One of the proposed benefits of the scheme
is that it will reduce the number of negotiations with bus operators.
Does the Minister expect the changes also to lead to a reduction in the
number of appeals by bus operators? Can he explain why the option for
retaining responsibility for discretionary enhancement with local
lower-tier authorities was ruled out? What restrictions will be put on
those authorities when implementing travel schemes under the well-being
powers of the Local Government Act 2000, as opposed to the existing
powers under the Transport Act
1985?
Can
the right hon. Gentleman outline the concerns raised by those
consultees opposed to the shifting responsibilities? Were those simply
to do with the discretionary elements of the concessionary scheme or
were there objections to county councils taking control of the whole
administration?
10.47
am
Mr.
David Curry (Skipton and Ripon) (Con): It is a pleasure to
serve under your chairmanship, Mr. Amess. I should declare
an interest as a holder of Harrogate bus pass No. 44011932. Before
anyone asks, it is for the No. 36 bus, which goes from Leeds to Ripon
via Harrogatestopping at the railway station, where no one,
except geriatrics like me, gets on it. For the record, I also hold a
senior rail card, No. 44950, which I use constantly to come into
Westminster from Audley End. I go to the ticket office and ask for the
geriatric package, which is a geriatric travel card and a permit for
geriatric parking. Of course, they are not harmonised. Just to show how
rail operators really help, we can get an early train using our
geriatric card half an hour before we can benefit from geriatric car
parking. It would help if those little anomalies in the system were
addressed.
Like
the hon. Member for Bolton, South-East, I am a few weeks from retiring.
I am touched that he will be so dependent on his bus pass when he
retires. I suppose that we are allowed to get away with some things
that we might not otherwise be allowed to get away with.
I accept that my party is entirely committed to maintaining
the scheme. Once we have had such a huge expansion of the middle-class
welfare state, we cannot take it away. My heart bleeds for all the
hedge fund managers living in London aged 60 and one day, who can
travel to work on the freedom pass. The munificence showered on a
person when they reach the age of 60 is astonishing, given that they
are unlikely to have changed massively since the day before, when they
were aged 59 years and 364
days.