BC9

Proposed Provision of Bus and Coach Services Legislative Competence Order (LCO)

Response from South West Wales Integrated Transport Consortium (SWWITCH)

Background

The South West Wales Integrated Transport Consortium (SWWITCH) is one of four regional transport consortia in Wales established to improve access and transport to facilitate higher level quality of life objectives.  All transport consortia are currently charged with developing and delivering Regional Transport Plans which will help deliver the Wales Transport Strategy (WTS) and facilitate the Wales Spatial Plan.

SWWITCH has undertaken extensive public consultation as a part of developing the Regional Transport Plan and a commonly expressed concern relates to the quality, frequency and penetration of bus services available to those who have no choice, or as a viable alternative to encourage modal shift.

The Spatial Plan and the WTS both emphasise the importance of linking key settlements to each other and providing links from them to employment sites. In most cases the most sustainable and equitable way of securing this access would be through the provision of high quality public transport, but this would require both a substantial increase in available revenue funding and also the ability to plan and manage networks of services to meet community and business needs.

Introduction

SWWITCH is concerned at the ability of the public sector to make significant improvements to the quality and range of road based public transport. Even with well developed partnership working and mature relationships with bus operators, the constraints of the current legislation impacts on the ability to provide consistent and comprehensive services, information and ticketing.  Powers to develop a network of services would provide the opportunity for improved long term planning and integration of public transport in the region.

However, SWWITCH is also concerned that a mechanism which has worked well in London will not necessarily transfer successfully elsewhere. Key differences between London and Wales which impact on these proposals are

• There has never (in living memory) been the competitive freedom to operate in London which the 1985 Transport Act brought about elsewhere in the United Kingdom

• Population density in London is high in comparison to even the most populous places in Wales and this is favourable to public transport operation

• Availability of parking in London for private or business purposes is comparatively very low and charges are a significant deterrent to private car ownership

• London spends significantly more per head of population on public transport than any other area in the United Kingdom.

SWWITCH believes that the National Assembly would need to make a commitment

to prioritise support for public transport in terms of the overall Assembly budget, and provide a step change in the expenditure per head of population to make a real difference.

Specific questions

1. Do you agree with the principle that legislative competence for "the provision of bus and coach services” in Wales should be conferred on the National Assembly for Wales?  Yes

Please give the reasons for your answer.

Securing additional powers will provide the Assembly with the ability to make a difference to public transport in Wales. There will then need to be careful consideration and planning and long term financial commitment to ensure the powers can be used to provide better quality and more integrated services.

2. If you agree with the principle, do you think that the wording of the proposed legislative competence order is correct, or do you think it is too broad or too narrow?

Yes the wording is correct

Please give the reasons for your answer. N/A

3. Do you think that the National Assembly for Wales should be given competence over some or all of the exceptions listed above in relation to the provision of bus and coach services in Wales?: No

Please give the reasons for your answer.

It is important that the issues listed are dealt with consistently across the United Kingdom and that drivers and operators do not have to aware of and comply with different systems as they cross between Wales and England. In addition the extra areas do not appear to provide any of the specific benefits which the LCO is intended to deliver

4. What are your views on the main objective of the proposed LCO which is to introduce a bus franchising system in Wales?

SWWITCH believes the principle is sound and would be generally welcomed, but that the practical implications need to be carefully considered in full consultation with stakeholders. These considerations must include:

1. What would the cost implications be at a time when pressure is growing on all Local Authority and Assembly government revenue funding for bus services. Will the Assembly commit to new financial support for bus services to ensure that more and better public transport opportunities result from the powers

2. How would operators, respond to the situation. Could there be claims for compensation where the right to operate in "free” market competition conditions is reduced

3. Does the Welsh Assembly Government and Local Authorities/consortia have the capacity to manage the bus franchising system?

4. If powers are secured it could have the effect of increasing the pressure on WAG and LAs from individuals/elected Members to provide better services whereas they are currently prevented from action where it might interfere with commercial operations. If this pressure is not matched by the significant uplift in public money mentioned previously this will make an unsatisfactory situation worse.

5. What are your views on the use of the proposed LCO to provide the Assembly with the necessary powers to improve school transport safety?

SWWITCH would welcome and fully support this proposal, again subject to the proviso that the powers were matched with an appropriate budget to effect the necessary changes