Legislation Committee 3

Proposed National Assembly for Wales (Legislative Competence) (Transport) Order 2010

Additional written evidence from the Welsh Local Government Association

1. In your written evidence, you have said that you broadly support the principle of the National Assembly for Wales having increased legislative powers over learner transport. Please can you expand on the reasons for your view?

The introduction of the Learner Travel Measure has meant that the National Assembly has responsibility for certain areas in relation to school transport. Therefore it makes sense that the National Assembly also has powers with regards to the safety aspects outlined in this LCO.

2. Is the scope of the Legislative Competence Order correct? Are there any omissions in the scope?

As far as the WLGA are aware the scope of the LCO allows the National Assembly to legislate in the areas outlined in the Explanatory Memorandum

3. Have any issues been identified, or lessons learnt, from the implementation of the Learner Travel (Wales) Measure 2008 to date which should inform the scope of this proposed Order?

Aspects of the Learner Travel Measure have only been commenced fairly recently so they are still in the implementation stage so it is difficult to identify lessons to learn regarding implementation. However, the process of developing the Learner Travel Measure can provide good lessons for the development of any Measures that fall from this LCO. There was a full process of consultation with the WLGA and local authorities throughout the progress of the Measure. This included consultation before the Measure was written to ensure that the legislation addressed issues that had been highlighted by local authorities and that it did not entail any unforeseen outcomes. This process of partnership working continued throughout the drafting and implementation of the Measure. It is essential that the same level of consultation is pursued when developing Measures from this LCO. This should include research and evidence for the content of the Measure and also a realistic assessment of the financial impact of any Measures.

4. The Explanatory Memorandum states that current legislative competence excludes 'the use, construction and equipment of vehicles used for learner travel’. Will any proposed Measures arising from the powers sought in this proposed Order still be effective if the technical standards for the construction of vehicles remain non-devolved?

This should not impact on the effectiveness of any Measures as outlined in the Explanatory Memorandum.

5. In your written evidence, you all strongly emphasise the need for thorough consultation and sound research before any further decisions are taken relating to learner transport. In your view is the proposed Order appropriate for any future Measures envisaged?

The proposed LCO, as far as the WLGA is aware, will give the National Assembly sufficient powers to develop the Measures that have been envisaged. However, there will still be a need for the Welsh Assembly Government to fully investigate what the content of those Measures should be. It is the opinion of the WLGA and local government that any Measures should be based on sound research and evidence, with proper consideration given to the financial implications of any order.

6. The proposed Order seeks powers to regulate some modes of transport but not others, for example local authority contracted buses but not service buses.  Do you agree with the modes of transport included in the LCO?

It would be difficult to take the same approaches on public service buses used by children and young people that are used on dedicated school transport vehicles. Although, there are approaches that can be taken on service buses where necessary, for example CCTV or in some cases escorts.

7. What, in your view, would be the position, for example, of non-school contract services where the travel is paid by the LEA?

There is a case to be made for these services to be regulated in a similar way to dedicated transport. However, the practicalities and efficacy of doing this would also have to be fully researched and the financial implications of this would have to be carefully considered. The charge of double standards would have to be considered and it may be possible to apply some if not all of the measures to this area of transport.

8. In paragraph 13 of your evidence, you suggest that further consideration needs to be given to the scope of the proposed Order because learner transport on normal service buses isn’t currently included. Please can you explain your concerns and, secondly, can you provide an estimate as to how many children travelling by bus would not be covered within the current scope of the proposed Order?

The WLGA evidence suggested that there would be danger of a two-tier system being created if Measures are brought forward that stipulate certain types of vehicles are used on dedicated school transport, for example only single deck buses. This is not to say that the scope of the order should be changed, just that this would need to be considered when developing any Measure out of this LCO.

The WLGA do not hold the exact figures as to how many pupils are transported by public transport. This figure will vary significantly between local authority areas. For example some authorities will have very low numbers such as 1%, whereas in other more urban areas the figure could be anything up to 80%. Several authorities have approximately 20% of pupils using public transport routes. It is difficult, without the exact figures from all authorities to say what the average across Wales would be. This would have to make up part of the research needed when looking at Measures associated with this LCO.

9. an you explain the significance of including taxis and private hire vehicles in the context of the proposed Order? How do you envisage that you would be able to use the powers in the proposed Order to address safety issues for these two types of transport?

There are a proportion of children and young people that are taken to school in private hire vehicles and taxis and it is often the case that the most vulnerable young people and those with additional learning needs are transported in this way. Taxi and private hire are also used extensively within rural authorities as feeder services to main bus routes. It is for the Welsh Assembly Government in consultation with local government to determine what areas they wish to legislate on with relation to these vehicles. Local government would be more than happy to contribute to that work.

10. Do you agree with the exclusion of learner travel by rail from the scope of the Order?

The inclusion of rail travel under this LCO would encounter similar issues to that of public bus services.

11. Is it your understanding that the proposed Order applies only to home-to-school transport or also to those vehicles owned and operated by educational establishments themselves, for example school minibuses? If school minibuses are included, does this cause any concerns or issues that will need to be addressed?

It is the understanding of the WLGA that this only relates to learner travel within the context of home to school transport, however, this would need to be verified by expert legislative advice.