Passengers’ Council (Non-Railway Functions) Order 2010

This draft order would extend the statutory remit of the Rail Passengers’ Council—the rail passenger watchdog commonly known as Passenger Focus—to bus, coach and tram issues. The draft order has been subject to full consultation which showed wide support for a statutory body to represent bus, coach and tram passengers' interests, as already exists for rail passengers. The draft order would require Passenger Focus to keep under review and investigate matters relating to the provision of road passenger transport services or facilities in England. Passenger Focus will work collaboratively with the leading players in the industry. However, the draft order would give Passenger Focus powers to request information if co-operation was not forthcoming when carrying out an investigation. This was strongly supported by respondents to the consultation. The recipient of a request for information must provide it unless they do not have it, or if it would impose an unreasonable burden on them. Following an investigation, Passenger Focus would be able to make representations to organisations which may have had an impact on the quality of the service. These include the providers of services and facilities, local traffic and transport authorities, and the Highways Agency. They would be obliged to consider any representation made by Passenger Focus, and to reply in writing within a reasonable time. There may be occasions where collaborative working cannot achieve a satisfactory outcome on its own. So the draft order would enable Passenger Focus, as a last resort, to refer a matter to another body with powers to take action. A matter involving a bus or coach operator could be referred to a traffic commissioner, although it would be for the traffic commissioner to decide whether to exercise any of his powers in response. Similarly, tram matters could be referred to the scheme promoter. Where the problem may be due in part to the actions of a local traffic authority, Passenger Focus would be able to refer the matter to a traffic commissioner if use of its new powers to direct the authority to provide information might be appropriate. Or Passenger Focus could refer the matter to the Secretary of State, if it thought that it may be appropriate for him to exercise his intervention powers under the Traffic Management Act 2004. The draft order would also make some minor changes to the constitution of Passenger Focus, such as removing the word "Rail" from its statutory title to reflect its wider remit, and enabling additional members to be appointed. While the draft order does not prescribe how complaints appeals should be handled, I am aware that this has been an important issue for some stakeholders. Therefore, it might be helpful if I set out the Government’s position on this. As the Bus Appeals Body already deals with bus complaints appeals, we did not intend that Passenger Focus should assume this role. To confirm what role Passenger Focus should have in dealing with complaints, we asked it to review the current complaints system. It submitted the results as part of its consultation response. Having considered its findings carefully, alongside the comments made by other stakeholders, the Government accepted Passenger Focus' suggestion that it should work with the industry, Bus Users UK and the Bus Appeals Body to address any shortcomings. The Government have also asked Passenger Focus to work with tram stakeholders over the next year to develop its understanding of the complaints system and drive up standards if necessary. Passenger Focus will bring an independent research-based approach to the bus and tram sector, which already works extremely well for rail passengers. I am pleased to commend the order to the Committee.