Lord Hendy of Richmond Hill:

Moved by Lord Hendy of Richmond Hill

40: Clause 27, page 27, line 31, leave out “possible” and insert “safe to do so”Member's explanatory statementThis amendment makes it clear that the training will require a person to take steps to prevent crime or anti-social behaviour only where it is safe to do so.

My Lords, this next group of amendments relate to Clause 27, on training for staff about crime and anti-social behaviour.

On Amendment 40 under my name, I thank noble Lords who in Committee highlighted the need for clarity on how new requirements could impact the safety of drivers and front-line staff. I know we all agree that the safety of everyone on the transport network is important, and this includes both passengers and staff. This amendment seeks to make particularly clear the importance of the safety of staff when preventing incidents relating to crime and anti-social behaviour.

It is important that staff are trained to assess whether it is safe for them to prevent such incidents but, to be absolutely clear, staff are not expected to physically intervene in incidents which should be dealt with by enforcement authorities, such as the police. I have previously stated that we are not expecting bus drivers to leave their cab in order to prevent incidents of crime and anti-social behaviour. This is not appropriate and may put the driver at risk. However, drivers and other staff should be equipped to intervene in other ways, such as through understanding what to say to de-escalate a situation where it is safe to do so. Therefore, this amendment makes it clear that the training requirement is to assist staff in taking preventative steps only where it is safe to do so.

As I have stated before, the intention has always been to involve relevant stakeholders in the development of guidance which sets out the requirements of training on crime and anti-social behaviour, and the Government remain committed to doing so. I hope noble Lords will accept this amendment.

My Lords, I am glad to see the amendment in the name of the Minister. I pointed out at Second Reading, and again in Committee, that the drafting of Clause 27 was, frankly, absurd, dangerous and misleading, in that it raised public expectations about what drivers are able to do in handling crime and anti-social behaviour that were completely unrealistic and unfair to the drivers. I have an amendment in this group which elegantly and beautifully addresses the matter; the Minister’s is more brutal, but it does the job, so I welcome it.

There is a further amendment in this group in the name of the noble Lord, Lord Woodley. Unfortunately, he is not in his place to speak to it, but the suggestion that trade unions should be consulted about the content of training overall seems to me unobjectionable, so I am sad not to see him here in his place.

I turn to my noble friend Lord Woodley’s Amendment 41. I appreciate that the intention of his amendment is to ensure that the views of bus workers are considered when developing the training that they are required to take. I agree that this is important, but I am not convinced that placing a requirement on individual public service vehicle operators to consult trade unions before preparing training to be undertaken by their employees is the best way to go about it. This would place an undue burden on operators and likely delay the implementation of training, while resulting in inconsistency in staff capability and service provision, which is in the interests of neither bus workers nor passengers. I have already explained that we will involve relevant stakeholders in the development of guidance covering training. This includes ensuring that the views of bus staff and their representatives are fully considered. We remain committed to this and believe that we can set clear and realistic direction about what the training should entail and the expected outcomes.

The final amendment in this group is Amendment 42. I thank the noble Lord, Lord Moylan, for his amendment —I am not sure that I should thank him so much for regarding my own as brutal, but his amendment is clear. I thank noble Lords for their amendments in this group and hope that the House accepts the amendment tabled in my name, which is intended to clarify the policy intention of Clause 27.

Amendment 40 agreed.

Amendments 41 and 42 not moved.