Concessionary Bus Travel Bill [Lords]

This is a large group of amendments and they span a number of important issues. I shall start with amendment No. 8 in respect of ““eligible journey””. I am grateful to hon. Members for raising once again the interesting issue of how we define ““eligible journey””, which in the context of clause 1 must be considered alongside the definition of ““eligible service””. The amendment would add three additional requirements for a journey in England to be considered eligible for the purposes of concessionary travel. I give an assurance to hon. Members that the issue of how to define ““eligible service”” is already receiving much attention, and we keep it under active review. Some of the proposals in the amendment may well have merit, and we will certainly consider them. I can give that undertaking as we go forward. Interestingly, at the end of March my officials convened a workshop to discuss this issue. Only last week, officials again discussed the issues with Transport for London, London councils and other local authority and industry representatives. By a remarkable coincidence, if I might describe it that way, some of the initial suggestions that emerged last week bear a striking resemblance to the content of today’s amendments. I can only conclude that in this case great minds clearly think alike. It would surely be a mistake to turn initial suggestions into legislation without having had a proper chance to reflect and consult more widely, whether informally or formally, on the proposals. We want to hold extensive discussions with those who would be affected to avoid unintended consequences, and I reassure Members that there will be plenty of time for such consideration. The term ““eligible service””, to which ““eligible journey”” is linked, is defined clearly in secondary legislation—currently, the Travel Concessions (Eligible Services) Order 2002. If necessary in the future, the Government could amend the order to make any of the changes outlined in the amendment proposed by the hon. Member for Wimbledon (Stephen Hammond) and his colleagues, by virtue of powers under section 94 of the Transport Act 1985 and section 146 of the Transport Act 2000. As well as giving time for full and proper consideration, such an approach would of course preserve flexibility to make further changes to the definition in future, if necessary. Like the House generally, I believe that primary legislation is simply not the place to specify a definition of that type. The proper place for such matters is in secondary legislation, not on the face of a Bill. With that in mind, I hope that the hon. Member for Wimbledon will withdraw the amendment. Amendment No. 6 relates to the definition of disability in the context of the Bill. As I said in Committee, I realise that the intentions behind the proposal are good. However, as I have explained previously, the Bill is about expanding the geographical scope of concessionary bus travel; it is not about extending the concession to other groups of people, so it is premature to consider extensions when the Government are still in the process of introducing the national bus travel concession. However, I hope Members agree that the Government have already done a great deal to improve the well-being of older and disabled people, who are, as we all agree, among the most vulnerable in our society. Indeed, we are providing about £1 billion of funding each year for concessionary travel in England—a major public spending commitment of which we are rightly proud. The extension from local to national entitlement alone involves substantial new moneys, which will provide significant new opportunities for those who are disabled and over 60. I reiterate that I welcome efforts to raise awareness of transport issues for people suffering from mental health difficulties. As I said in Committee, I shall continue to ensure that officials meet Mind, which they did most recently last month. I certainly intend that constructive dialogue to continue. However, I draw the attention of Members to the fact that Mind indicated that, in terms of possible amendments to the Bill, the issue raised in amendment No. 6 was no longer of as much priority to the organisation as it had been previously. The Disability Discrimination Act 1995, to which the amendment refers, is an important piece of legislation and the Department has used its provisions to improve accessibility to transport vehicles for disabled people, but the Act was never intended to determine eligibility for concessionary travel, and it is not appropriate to use it in that way. The amendment would significantly expand the number of people who could become eligible and, as we have discussed many times, the consequence would be the need for a commitment of considerable sums of money to provide such a concession. It is not simply a question of resources, however. A number of practical and administrative issues would have to be considered and resolved; for example, we would need a robust and fair system for assessing eligibility against the definition of mental impairment. We would need to decide who would do the assessing and set up a process for people to appeal against determinations. It is important that all those with an interest and expertise in the area have the opportunity to feed into the development of such a significant change before legislation, so changing the definition of ““disabled person”” on the face of the Bill at this stage would be premature and impractical. However, I assure the House that the Government are keeping these issues under review. Indeed, as part of our plans for the implementation of the national bus concession, we are already considering whether it is necessary to update the guidance to local authorities on assessing eligibility. I hope that hon. Members will now be able to agree that the approach that the Government are taking is a right, measured and practical one. I hope that the hon. Gentleman will not press the amendment. Amendments Nos. 9 and 10 would oblige the Secretary of State to issue guidance to travel concession authorities on the issue of ““sole or principal residence”” for people applying for a pass. As I have already said, the Department is actively engaging with local authorities and bus operators regarding the implementation of the national bus concession for April next year and it will continue to do so. Let me reassure hon. Members that if we felt, following consultation with local authorities, that such guidance was needed, we would of course issue it, after working closely with local authorities on the drafting.