Clause 13
Local Transport Bill [Lords]
2:15 pm
Ann Winterton (Congleton, Conservative)
The real danger would be an operator taking action if there were no ability to appeal to the traffic commissioner so that the commissioner could come to a final decision with the local authority as to whether the scheme could work, because it would be much easier to apply for judicial review otherwise. Part of the point of introducing this process is to give certainty to a local authority in these circumstances that they can implement the scheme.
Amendments Nos. 89 to 91 would remove the opportunity for operators to register admissible objections at all, leaving it for local authorities alone to determine the requirements in a scheme. I emphasise that we are not talking here about a general right of veto, and the guidance illustrates the very specific circumstances in which an objection from the relevant operators would be admissible. I hope that that reassures my hon. Friend the Member for Manchester, Blackley about the way the system will work.
The effect of amendment No. 92 would be to leave it to local authorities alone to determine whether an objection is admissible. As I said, the problem with that is that it would leave a bus operator who believes his objection is admissible with no recourse other than to seek judicial review. That is an expensive and time-consuming process and the proposal in our draft regulations is that the traffic commissioner should act as arbiter when needed. The commissioner’s existing expertise in the bus industry and his independence from those involved makes him a good candidate for providing an independent arbitration on areas of disagreement.
The draft regulations also propose that the traffic commissioner be able to call on independent expert advisers when necessary. If he needs to make a judgment, for example, as to whether an objection is admissible on commercial viability grounds, he may seek the advice of an expert assessor. That strikes me as a much quicker and more effective alternative.