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Committee for Regional Development

Transport Bill

Belfast City Council
Response to the Transport Bill

Belfast City Council welcomes this opportunity to respond to the Transport Bill. We take this opportunity confirm that there will be Council representation at the oral briefings to the Committee.

As outlined in the response to the previous consultation on Public Transport Reform, Belfast City Council does not support the proposed creation of a new agency with within the Department for Regional Development with responsibility for public transport provision. The main issues relate to the uncertainty in respect of provision to ensure local accountability for the proposed transport agency.

There has been a considerable shift from the 2006 position which included an option of transferring responsibility for public transport to local councils under the Review of Public Administration to the current proposals whereby local council involvement in minimal. After consideration of the Transport Bill the Council’s initial concerns remain.

The Council considers that effective local public transport is a critical for the continued development of the City in terms of community well-being; connectivity; and continuing to attract local enterprise and trade. Integrated public transport will be one of the key facets in the future development of the City; it is therefore essential that direct channels and formal mechanisms are provided for local council involvement in the future of public transport.

Despite the delay in the Review of Public Administration it has been made clear by the Minister of the Environment that local Councils can expect to receive a range of additional functions or responsibilities. Included within this transfer of functions is a Community Planning responsibility for local Councils. A priority for the Council will be to ensure the integration between land use planning, community planning and transportation: a coordinated approach to local service delivery across agencies is a necessity.

It should be noted that the Council, in exercising these functions, would seek to support local residents and communities by ensuring an approach that integrates transportation to enhance connectivity for local neighbourhoods thereby making them safer, healthier and more inclusive.

As stated by the Department in the Final Rapid Transit Consultation Report there is considerable overlap of legislative requirement between rapid transit and public transport reform. The Department consistently responded to our concerns in the rapid transit consultation by stating that the Council would be a key stakeholder in taking the project forward. The Council feels that to be fully involved in the future of public transport, particularly the rapid transit proposals, there must be some formal engagement processes proposed between the new agency and the Council.

The detailed comments in relation to the specific clauses contained in the draft Bill are outlined below:

Clause 1 - Provision of public passenger transport services

imposes a duty on the Department to secure the provision of public transport services in NI and provides mechanisms for the Department to do so through service agreements and service permits for public transport services, and agreements for services ancillary to the provision of public transport services. It also allows the Department to determine the general level and structure of fares for these services, to provide vehicles, ticketing machines and systems, and to exploit any commercial opportunities which the Department considers appropriate. This clause also creates an offence to operate unregulated services.

Local public transport networks to support communities should be an important consideration of the commissioning and regulation framework. The specifications for the contracts and permits must be developed through consultation to establish the service requirements for an area including the involvement of the public transport providers. The development of local transport plans between the DRD (agency) and local councils offers the opportunity for the community to influence service provision within the context of strategic and longer term Transport Plans.

The daft Bill explanatory memorandum ( Para 18) in considering the regulatory impact refers to the potential benefits to operators from the opportunity to “participate in the development of local public transport plans”. Public Transport is an important local service and will be an important element of local strategies to progress Community Planning and influence statutory land-use planning. The Council would wish to see the Bill provide for a more integrated approach to public transport on a number of levels. It is essential that the proposed Bill provides for accessible local provision and links plans, resources, partners and service procurement / commitments.

The Council would be supportive of the proposals regarding integrated ticketing, which will allow for better journey planning.

Clause 2 - Service Agreements

deals with service agreements in more detail. It provides the Department with the power to make regulations as to the content of service agreements. It also provides that service agreements can include the award of ‘public service contracts’ in accordance with EC Regulation 1370/2007 and allows the Department to make provision for the review of decisions made in respect of the award of service agreements.

The potential exists for private sector providers to fill gaps and complement existing service provision and the Council would encourage this approach in the context of a local transport plan providing better liaison and integration between public and private contracts.

Clauses 3 to 12 - Service Permits

deal with the process for granting service permits. These clauses provide for the information that an applicant will have to furnish in the application, the matters to be taken into account by the Department when considering an application, the attachment of conditions to a permit, disqualification of operators from being able to hold a permit, and the revocation, suspension and curtailment of permits for any reasonable cause and other specified grounds outlined. Clause 6 outlines that in deciding whether to issue or refuse a permit or to attach conditions to a permit, the Department should have regard for the sustainability of routes on which the service may be provided and the extent to which the needs of persons likely to use the service to be provided are already adequately and economically served. The Department will also have to take into account any recommendations made by the Consumer Council and any representations by persons already providing public passenger transport services on any road along or near the routes which are the subject of the application, the Chief Constable, district councils, any NI government department and NITB.

The Council is concerned that initial proposals included the option of transferring responsibility for public transport to the new local councils proposed under the Review of Public Administration. This option was abandoned by DRD on the basis of the revised RPA proposals for the retention of local roads functions within the Department for Regional Development. The Council had requested clarification of the basis for the decision to abandon the council led agency option from detailed consideration and the subsequent failure to clarify the role of local councils in this important local service.

"In August 2006 the then Regional Development Minister, David Cairns, announced the Government’s intention to develop the bus and rail public transport services around the new three-tier model outlined above. The announcement was made against the backdrop of the Review of Public Administration (RPA) and it was envisaged that the new middle-tier body would be under the control of local Councils acting together in the form of a Passenger Transport Authority. Following the recent RPA local government review, however, the Executive has now decided that mainstream local roads functions will no longer be devolved to councils but instead retained within DRD. In light of this decision and the close interrelationship between public transport, roads and traffic management issues, the Executive agreed that the Minister should reconsider the future arrangements for public transport, including mechanisms for ensuring local government input to decision making."

 There is concern with the change in approach attributed to RPA changes in terms of the shift from local authority responsibility to a very limited involvement, and accountability confined to the Minister on the basis of the narrow strategic business case conclusions:

"Although this was the favoured model  [local authority control] for the previous administration, and would enable the achievement of many of the reform process objectives, it has been decided not to consider this model further due to recent RPA statements and implementation complexities."

Whilst the Bill states under Clause 6 (“Service Permits”) that the Department must have regard to any representations made by a District Council there is consistent lack of clarity in respect of the formal role for local Councils in the future of local public transport. Outside of Clause 6 there is no further reference to Council involvement. There is no mechanism proposed or outline of how the new agency process will work within the draft Bill.

As outlined above local public transport networks to support communities should be an important consideration of the commissioning and regulation framework. There needs to be strategic linkages between the proposed transport agency, DRD, Translink and local community planning/ local area transport planning structures. Local government working with local communities could more effectively identify the local issues and link to the central government strategic policy. Although there is uncertainty as to the methodology and timeframe for taking community planning forward, it is clear that there is a strong link between the place shaping role of local councils and the provision of public transport.

There should also be a mechanism for democratic approval of local public transport plans that could provide the context for contracts and permits.

The daft Bill explanatory memorandum (Para 13) in considering the Financial Effects of the Bill outlines potential additional costs from the creation of the new transport agency which are attributed to new work such as “local planning”. Whilst appropriately targeted increased public transport funding would be welcomed where it enhances delivery and provides value for money in the absence of details in respect of the agency and the structural relationships it is impossible to gauge the potential value. Greater clarity is also required in relation to funding for local transport plans, which must be developed in conjunction with community planning/ local transport area planning. It is important to ensure the alignment of policy, community requirements and resource prioritisation, focusing on the integration and needs. Local councils should have a meaningful role in the prioritisation of local actions and resources, and should have an input into strategic decisions.

Clause 13 – Fees

deals with the payment of fees for permit applications and issuing of permits.

The charges and processes should be reasonable and reflective of the direct costs associated with applications.

Clause 14 – Permits not to be transferable

provides that permits are neither transferrable nor assignable. It also allows the Department to make directions for the treatment of permit in circumstances where the permit-holder dies or becomes a patient under the Mental Health (NI) Order 1986.

Clause 15 – Holding Companies and Subsidiaries

allows the Department to make regulations to provide that service agreements with and service permits held by a company or other body corporate also applies to services provided by any of its subsidiaries.

Clause 16 – Forgery, etc.

creates the offence to forge, alter or use a permit with intent to deceive. It will also be an offence under clause 17 to knowingly make a false statement or produce false or misleading material in relation to an application for a service permit.

Clause 18 to 21 – Buses, Taxis and Trains

amend the function and name of the ‘Road Service Licence’ in the Transport Act (NI) 1967. Clause 21 deals with amendments to the Taxis Act (NI) 2008 as a result of the changes to the current ‘Road Service Licences’.

Clause 22 – Provision of Railway Services

amends the duty of NI Railways under section 55 of the Transport Act (NI) 1967 to reflect that this duty will be exercised in accordance with any agreement under the Transport Act (NI) 2010.

No comments

Clauses 23 and 24 – Consumer Council

provide arrangements for the production by the Consumer Council of a forward work programme in relation to its transport functions and for the production of a memorandum by the Department and the Consumer Council detailing arrangements for co-operation and consistent treatment of matters in relation to the Consumer Council’s transport functions.

Clauses 23 and 24 (“Consumer Council”) of the Transport Bill outline the arrangements for the relationship between the Consumer Council and the Department. The Council is concerned at the lack detail in respect of the provisions for local accountability proposed within this arrangement.

It was previously suggested that the Consumer Council will have formal role in relation to the new public transport agency and that the new agency would have a formal consultative role in the planning system. There are no provisions within the Bill for changes in the relationship between local councils and the Consumer Council or consultation requirements. The Bill does not include any reference to the potential statutory planning role for any new transport agency.

Whilst the Consumer Council may be considered to provide or represent the wider interests on the Agency this does not ensure local democratic accountability enable effective local integration or implementation of the new proposals.

Clauses 25 to 31 – Enforcement

set out the provisions on the enforcement of the provision of public transport services. The Department will have the power to enter into and inspect certain premises that are being used in connection with the carriage of passengers and their luggage by road and to seize certain documents and obtain certain information. It will be an offence to obstruct and authorised officer in the exercise of functions under the Act. Clause 31 provides for prosecutions for offences under this Act.

Clauses 32 to 37 – Grants

Clauses 32 to 37 deal with the payment of grants by the Department in relation to the provision of public transport services, provision of advice, information or training relating to public transport services and capital expenditure for the purchase of vehicles.

Clauses 38 to 40 – Acquisition and disposal of land

provide for the acquisition and disposal of land, including powers for the Department to obtain information as to ownership of land and to enter onto land.

Clause 41 – Appointment of directors of NI Transport Holding Company

applies section 18(2) of the Interpretation Act (NI) 1954 to appointments to the NI Transport Holding Company made under section 47 of the Transport Act (NI) 1967 to include power to remove or suspend persons from appointments under this section.

Clause 42 – Conduct of persons at bus stations

provides the Department the power to make regulations in respect of the conduct of persons at bus stations.

No comments

Clause 43 – Shared Transport Facilities

Clause 43 gives the Department the power to issue directions in respect of the shared use of facilities used for the provision of services under a service agreement.

It will be important for all transport services to have access to bus stations to ensure integration of service provision, and certainty, alternative private, community or social enterprise providers should be encouraged to utilise facilities through specification and procurement processes.

Clauses 45 to 50 - Miscellaneous and Supplementary

Clauses 45 to 50 contain a number of miscellaneous and supplementary provisions, including powers to make regulations. Clause 45 provides for the Department to make orders, subject to affirmative resolution, for any further provisions in connection with this Act.

No comments

Additional Comments

The Bill does not include any reference to the potential statutory planning role for any new transport agency. The Council would have concerns in relation to the with the proposed role for the new Agency in relation to Planning Applications and Development Plans as outlined in previous consultations. This could introduce additional complexity in relation to the determination of applications and affect the discretionary Council responsibility in respect of any developer contributions.

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