Clause 1 — The national concession

Part of Orders of the Day – in the House of Commons at 3:45 pm on 28 June 2007.

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Photo of Stephen Hammond Stephen Hammond Shadow Minister (Transport) 3:45, 28 June 2007

My understanding is that those people would lose that right, because holding a driving licence would militate against the need for concessionary travel—although I would be delighted for the Minister to say otherwise.

Amendments Nos. 9 and 10 concentrate on sole and principal residence. They would oblige the Secretary of State to issue guidelines to local authorities on how to determine a person's principal residence for the purpose of issuing concessionary passes. As the Bill stands, the Secretary of State will be afforded the powers to do that, but will not be obliged to do it. It is extraordinarily important that local authorities be provided with clear guidance so that passes are issued on a consistent and rational basis. For instance, is the principal residence the place where people spend the most time, the place where they are registered to vote or the place where they pay full council tax?

It is clear that that will be of considerable concern when the 2008 scheme comes into operation. If an elderly person has two residences, one in a town and one in a coastal resort, which is the place of principal residence? Had we used the previous council tax regulations, with reference to discount, we would have had clear guidance, or the Government may intend to include the test of principal residence for capital gains tax purposes. Neither of those tests can predict where someone spends the bulk of their time, and hence where the bulk of the concessionary travel usage is. The phrase

"appearing to the authority to have their sole or principal residence in the authority's area" is ambiguous and open to interpretation.

In Committee, the Minister stated that she would issue guidance to local authorities. The amendments enshrine in text the fact that she must issue that before the Bill comes into operation. Local authorities should not have to suffer uncertainty. The amendments bring clarity and certainty and should be supported.