Concessionary Bus Travel Bill [HL]

moved Amendment No. 4: 4: Clause 1 , page 2, line 11, at end insert— ““( ) For the purposes of this section, a disabled person is a person who— (a) is blind or partially sighted, (b) is profoundly or severely deaf, (c) is without speech, (d) has a disability, or has suffered an injury, which has a substantial and long-term adverse effect on his ability to walk, (e) does not have arms or has long-term loss of the use of both arms, (f) has a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning, (g) would be defined as having a mental impairment which has a substantial and long-term adverse effect on his ability to carry out day-to-day activities in accordance with section 1 of the Disability Discrimination Act 1995 as amended, or (h) would, if he applied for the grant of a licence to drivea motor vehicle under Part III of the Road TrafficAct 1988, have his application refused pursuant to section 92 of that Act otherwise than on the ground of persistent misuse of drugs or alcohol.”” The noble Lord said: My Lords, AmendmentNo. 4 would modify and place in the Bill the definition of a disabled person in the Transport Act 2000 which determines eligibility for concessionary bus travel to ensure that those with mental health problems who would have difficulty accessing public transport are covered in the Bill and not elsewhere in legislation—that is, under the Road Traffic Act 1988. If the amendment is agreed to, a comparable amendment would need to be made to the Bill in relation to London. I welcome the assurances given by the Bill team that the definitions of disabled people for the purposes of concessionary travel in Section 146 of the Transport Act 2000 and Section 240(5) of the Greater London Authority Act 1999 will be unchanged by the Bill. However, coverage of people with mental health difficulties remains a problem. I am reintroducing the amendment to ensure that people with mental health problems are explicitly covered in the Bill. Eligibility for concessionary fares can do much to aid an individual’s chance of recovery and reintegration into society. Severe mental ill health often leads to social and physical isolation, discrimination and an inability to play a full part in economic and community life. Access to community centres, drop-in therapeutic communities, counselling or self-help groups can greatly aid recovery, but many service users rely on public transport. Even where they still hold a driving licence, poverty and a fluctuating health condition may make driving impossible. The ability to travel to education centres to take up job opportunities and access community health and social care facilities is vital. Inability to access these can lead to serious consequences for the individual. Currently, most of those with mental health problems who qualify for concessionary fares do so by virtue of the fact that they would, if they applied, be refused a driving licence under Part 3 of the Road Traffic Act 1988, pursuant to Section 92. That section refers to five categories of people who would be refused a driving licence, the second of which refers to people with a severe mental disorder. It is under this provision that people with mental health problems may become entitled to concessionary fares. I believe that it would conduce to clarity to insert that provision in the Bill. The Minister rejected that suggestion in Committee, but I think he may have been under the misapprehension that it was intended to extend the scope of the legislation. That was not the intention. In moving her amendment in Committee, the noble Baroness, Lady Hanham, merely wished to consolidate diverse existing provisions in one place. It would be helpful to have this consolidating amendment in the Bill. By importing paragraph (h) into this Bill from the Road Traffic Act 1988, we do not intend to extendthe scope of concessionary travel legislation. Since the debate in Grand Committee, the Minister has supplied information estimating the cost of extending concessionary travel to carers at £9 million. It is possible, due to uncertainties surrounding the precise scope and impact of particular definitions in legislation, that there might be a marginal extension of coverage, but it is my contention that it would be entirely marginal. The Minister’s estimate of the cost of extending the provision to carers is less than £10 million, which—although it is a substantial sum to you and me, in terms of the Government’s expenditure on concessionary travel—is a drop in the ocean. I would have thought that the Minister might be able to take it on the chin. However, if the amendment in this form is not acceptable to the Minister, I can think of other ways in which to achieve a similar effect, so perhaps it might be possible to have discussions before Third Reading to find a mutually agreed way forward. Alternatively, we can continue the discussion at Third Reading itself—but it would be in every way more profitable if we could have discussions outside the Chamber before we got to that stage. I beg to move.