Agenda item

The Council gave consideration to the Motion on Notice (at page 8) in respect of Clause 21 of the Bus Services Bill (“the Bill”). This should be read together with these minutes as a composite document.

The Motion was moved by the Deputy Leader of the Council, Councillor M H Charlesworth, subject to an amendment at 3 that:

‘3.   This Council resolves:

(a)    To write to Lord Ahmad and to call on the Department of Transport to not re-introduce Clause 21 at any later stage in the Bill’s passage through Parliament; and

(b)    To write to Edward Garnier MP to ask him to oppose any attempt to re-introduce Clause 21 at any later stage in the Bill’s passage through Parliament.’

The Deputy Leader commended the recent amendment to the Bill at its Third Reading in the House of Lords on 23 November 2016 to ensure that councils, including this Council, retained the power to form new municipal bus companies. It was said that it was important this clause was removed from the Bill as councils should continue to be allowed to form new companies if they were able to offer a better service and value-for-money for bus users, or be a provider of last resort. He said there was concern that Clause 21 of the Bill would have removed powers granted to councils under the Localism Act 2011 and associated General Power of Competence provisions. He noted that, if this Council was minded in the future to exercise this power, a bus service within the Borough would also serve to better connect the town centres of Oadby, Wigston and South Wigston.

The Motion (as amended) was seconded by Councillor J Kaufman.

The Member commended the Localism Act 2011 as an important enactment of legislation as was afforded under the Coalition Government. He noted that there had been a progressive decline in the use of bus services outside large metropolitan areas commensurate to the increasing cuts in bus travel subsidies. Councils’ powers to form new municipal bus companies was said to be significant so that, amongst other things, any profits-accrued could be re-invested back into essential bus routes. He further welcomed the prospect of any Council-ran bus service within the Borough.

The Leader of the Opposition, Councillor B Dave, stated that the Motion was now redundant in view of the amendment to the Bill and that it should not be pursued.

RESOLVED THAT:

1.         This Council notes:

(a)       That the Bus Services Bill currently passing through Parliament includes Clause 21 that will effectively “prohibit a local authority from forming a company for the purposes of providing a local bus service”;

(b)       That the Localism Act (2011) provides general powers of competence to local authorities;

(c)       That municipal bus companies like Reading and Nottingham provide some of the best bus services in the country and have a successful track record of increasing bus passenger numbers and providing high quality bus services; and

(d)       That polling found that a majority of the public (57%) oppose clause 21, whilst just 22% support it. The opposition to Clause 21 is consistent across voters from all political parties.

2.         This Council believes:

(a)       Clause 21 contradicts the general powers of competence and the spirit of the Localism Act 2011;

(b)       If there is a need and a demand from their public, then Councils should be able to provide their own bus services; 

(c)       Should they wish, Councils should be legally able to follow the model developed by Reading and Nottingham; and

(d)       Consequently Clause 21 should be omitted from the Bus Services Bill.

3.         This Council resolves:

(a)       To write to Lord Ahmad and to call on the Department of Transport to not re-introduce Clause 21 at any later stage in the Bill’s passage through Parliament; and

(b)       To write to Edward Garnier MP to ask him to oppose any attempt to re-introduce Clause 21 at any later stage in the Bill’s passage through Parliament.

Votes For                   14

Votes Against            3

Abstentions               0