The Bus Services (Wales) Bill is intended to establish a new statutory framework for bus services, re-regulating them and moving responsibility from local authorities to the Welsh Ministers.
It also makes provision for information sharing, and removes restrictions on the creation of new municipal bus companies by local authorities.
The Senedd’s Climate Change Environment and Infrastructure (CCEI) Committee published its Stage 1 report on 24 July. The Senedd agreed the general principles on 16 September.
The Committee held Stage 2 proceedings on 22 October, and a version of the Bill, as amended has been published.
This article outlines what happened at Stage 2. For background on the Bill see our Bill resource page.
What happened at Stage 2?
77 amendments were tabled for consideration by the Committee.
The Welsh Government submitted 22 on a range of topics. Whilst some were more substantial than others, they were largely technical, and intended to improve the clarity or effectiveness of the Bill, rather than significant policy changes. All were agreed.
These were tabled by the Cabinet Secretary for Transport and North Wales, Ken Skates MS, who provided a table outlining their purpose and effect. The Counsel General and Minister for Delivery, Julie James MS (the Counsel General), attended Stage 2 proceedings on his behalf.
The remaining 55 were tabled by Sam Rowlands MS, Rhys ab Owen MS and Peredur Owen Griffiths MS. Of these, just two were agreed, although the Counsel General committed to address some issues in other ways. Five amendments weren’t moved. The voting record is published on the meeting webpage.
What issues were discussed?
The 55 amendments tabled by opposition members addressed a range of issues, many of which were discussed at Stage 1 and referenced in the Committee’s report. Some key areas are discussed below.
Learner travel
A number of amendments sought to include provision for learner travel within the Bill. The Stage 1 report noted, “the omission of learner travel was one of the key concerns raised by stakeholders”, although the Cabinet Secretary had said this was outside the scope of the Bill.
The Counsel General re-iterated this at Stage 2.
However, while amendments proposing to include learner travel in the objectives set out in section 4 of the Bill were not agreed, she said the Welsh Government is “content to consider an additional objective that would reflect our commitment to ensuring people have access to key public services, including education and healthcare.”
Two further amendments, requiring the Welsh Minsters to have regard to “the functions of local authorities under the Learner Travel (Wales) Measure 2008” in relation to the preparation and review of the Wales Bus Network Plan were agreed. The Counsel General said these “recognise that, under the new system, learner travel will remain the responsibility of local authorities.”
Addressing traffic congestion
A proposal to require the Welsh Government to report on steps taken to address traffic congestion to improve bus service reliability wasn’t agreed. At Stage 1 the Cabinet Secretary described this as “part of the wider policy context” and “vitally important”, but “beyond the scope of the Bill”.
At Stage 2, the Counsel General said “congestion will undoubtedly be a factor considered in the delivery of the bus network” but was outside scope.
Accessibility and passenger engagement
A number of amendments sought to improve accessibility of services, for example in relation to disabled people. This had been discussed at Stage 1, and the Equality and Human Rights Commission had said “as it is currently drafted it is not clear how the Bill will embed equality and accessibility”.
Whilst the Counsel General was “sympathetic” to, or understood the aim behind, these amendments, she urged Members not to support them. Reasons given included the risk of narrowly defining “accessibility” to include only passengers with disabilities, and the fact that some issues were already addressed in other legislation.
Proposals for a Passenger Charter and Passenger Forum weren’t agreed. The Counsel General felt neither provided “an opportunity to deliver provision to encourage inclusivity and promote public engagement in the bus.”
She said Transport for Wales (TfW) has already been “instructed” to begin work on a Charter, similar to its Rail Charter, so a statutory requirement isn’t required. She felt proposals for a forum would “create quite an industry for local authorities at a time when they are under considerable resource pressure”, as the amendment would have required local authorities to establish a forum.
However, she proposed to share an amendment with Members in advance of Stage 3 “that satisfies the need to include provision around accessibility and inclusion through public engagement” and “to commit to working with Members to bring that amendment forward.”
Small and Medium Sized and municipal operators
The future of SME operators was a major consideration during Stage 1, given their prevalence in the Welsh bus sector, in comparison to other parts of Great Britain, and importance for providing learner travel services.
The Coach and Bus Association Cymru (CaBAC) had said its SME members are “petrified about this Bill”.
Similarly, Wales’ two municipal operators – Cardiff Bus and Newport Bus – were concerned about their role under franchising. CaBAC said “there is nothing in the Bill or the [Regulatory Impact Assessment] that gives confidence to the two municipal bus operators in Wales of business survival”.
Amendments requiring the Welsh Ministers to have regard to the particular circumstances of these two groups of operators, and the barriers they face, were not agreed.
The Counsel General said the Procurement Act 2023 already “requires consideration of whether barriers to participation for SMEs can be removed or reduced when procurement is carried out”.
In the case of municipal operators, the Counsel General didn’t think the amendment would “deliver the protections it seeks to secure,” and if accepted further provision would be required “which would be very difficult to achieve within the time we have available.” However:
… in order to reassure Members, TfW, on behalf of Welsh Ministers, have been engaging with the relevant local authorities about options regarding an ongoing role for Cardiff Bus and Newport Transport in the delivery of bus services.
Financial Assessment
Funding was a major consideration during Stage 1 scrutiny. The report noted “many stakeholders raised concerns about the affordability of the proposals in the Bill.”
In response to amendments calling for the Welsh Bus Network Plan, and subsequent reviews, to be accompanied by a “financial assessment in relation to the delivery of the Plan”, the Counsel General said she was “not really clear what sort of financial assessment these amendments wish to introduce”. However, she said she appreciated:
… the desire to understand the financial implications that arise from bus reform, and we are open to discussing potential alternative provisions that will get the effect intended with members of the committee.
She said she and the Cabinet Secretary would work with the committee before Stage 3. The two amendments were not moved.
The Counsel General has written to the Chair of CCEI Committee summarising the commitments she gave during Stage 2.
What happens next?
Stage 3 proceedings take place in Plenary on 2 December, giving Members another opportunity to amend the Bill.
You can watch proceedings live on Senedd.tv and a transcript will be available around 24 hours later.
Article by Andrew Minnis, Senedd Research, Welsh Parliament
