Committee for Infrastructure OFFICIAL REPORT (Hansard) Commercial Bus Service Permits and Transport Integration: Department for Infrastructure 9 June 2021 NORTHERN IRELAND ASSEMBLY Committee for Infrastructure Commercial Bus Service Permits and Transport Integration: Department for Infrastructure 9 June 2021 Members present for all or part of the proceedings: Miss Michelle McIlveen (Chairperson) Mr David Hilditch (Deputy Chairperson) Ms Martina Anderson Mr Roy Beggs Mr Cathal Boylan Mr Keith Buchanan Mrs Dolores Kelly Ms Liz Kimmins Mr Andrew Muir Witnesses: Mr Stuart Gilmore Department for Infrastructure Ms Jackie Robinson Department for Infrastructure The Chairperson (Miss McIlveen): I welcome, via StarLeaf, Jackie Robinson, director of the public transport division, and Stuart Gilmore, head of the public transport regulation branch. It is good to see you. Jackie, you can make some opening remarks, and members will follow up with questions. Ms Jackie Robinson (Department for Infrastructure): Thank you very much, Chair. Thanks to the Committee for the opportunity to present to you. We will talk you through the commercial bus service permit (CBSP) system. As detailed in your briefing, the commercial bus service permit scheme was introduced following the Transport Act (Northern Ireland) 2011. The aim of the scheme is to enable bus operators to identify gaps in the public transport network and to provide that service under a bus permit issued by the Department. The system complements the public transport network that the Department facilitates through the public service agreement (PSA) with Translink. The legislation sets out the considerations that the Department must take into account and who should be consulted when assessing the applications. I want to put on record that the Minister and the Department recognise the valuable role that the private bus and coach sector play in delivering public transport. On the legislation specifically, sections 3 to 12 set out the key considerations that the Department must take into account when considering permit applications. The legislation also sets out who the Department must consult when it processes applications. That consultee list includes the Consumer Council, persons that provide services on any road along or near the routes that are subject to applications, the Chief Constable, district councils, other Departments and Tourism NI. 1 A number of bus permits are already in operation, including 34 regular stopping services, 26 of which are primarily for the transport of schoolchildren; 12 taxi bus services; five sightseeing services; and three express services. If an operator identifies a gap in provision and wants to run a service to meet the need, it completes an application that provides information to the Department. That information includes evidence of the need for the specific route and the demand for that route. In assessing the information that is provided, the Department consults the organisations listed in the legislation. The Consumer Council receives the original submission, as well as responses from other consultees, to inform its final recommendations. That adds to the time frame for the consultation stage, but it recognises that the Department is required by the legislation to take account of the recommendations made by the Consumer Council. That additional step ensures that the Consumer Council has all the available information to inform its recommendations. You will be aware that, following an unsuccessful application for a bus permit, an operator applied for a judicial review (JR) of the process. Following that JR application, the Department reviewed the process used for permit applications and made a number of changes to ensure that the process is robust and sufficient expert advice is included in the decision-making. In developing the changes to the process, the Department engaged with key stakeholders, including Bus and Coach NI (BCNI), which represents a large part of the private bus and coach industry in Northern Ireland, and several bus permit operators. We also consulted Translink, the Inclusive Mobility Transport Advisory Committee (IMTAC), the National Transport Authority (NTA), Tourism NI, the PSNI, the Driver and Vehicle Agency (DVA) and the Consumer Council. Those changes were subsequently approved by the Department in May 2019. Following the restoration of the Assembly, the Minister approved the referral of applications to her when they are assessed to have a significant impact on the strategic public transport network or present potential policy implications. The most significant changes were the creation of the new branch within the public transport division, the public transport regulation branch, which Stuart heads up and which is tasked with administering the system, and the introduction of a determination panel to consider new applications. The purpose of the panel is to provide more detailed scrutiny and review all available evidence. The three-person panel is chaired by the director of the public transport division, which is currently me, and has two DFI staff at grade 5 or grade 6 level. The panel considers the evidence provided and determines whether to approve or refuse applications. Where applications are assessed to have a significant impact on the strategic public transport network, the panel can refer determinations to the Minister. To ensure a robust, evidence-based approach, the panel is provided with all the evidence submitted by the applicant, responses and comments from consultees, any available specialist advice and analysis prepared by the branch. In addition, a background brief is prepared for panel members to advise them on the relevant legislative considerations and other issues. That is important to ensure that all panel members are fully aware of the background and legal context within which they take decisions. They also sign conflict of interest declarations. The determination panel is not required for renewal or amendment applications, as those are considered by the head of the public transport regulation branch. Other changes to the process include the use of specialist advice, where necessary, from, for example, economists, statisticians or transport planners. There has also been an increase in cooperation between the Department and the applicant throughout the process, and applicants can now see and agree to what will be issued to consultees. All the changes that have been made are designed to improve the process and ensure that it provides for fair and robust decision-making within the bounds of the legislation. However, they have increased the estimated time to process applications. The first permit application to be processed under the new arrangements was approved by the Department in December 2019. A further 11 applications have been processed, with five being approved and six being referred to the Minister. As a result of the changes, a draft guidelines document was issued to operators, industry groups and the Consumer Council in March. Following written feedback and a meeting in April, officials agreed to do further work on the guidelines and to undertake a wider, more detailed consultation exercise. With regard to engagement, the Department established a bus operator forum in December 2019, which has continued to meet regularly since. The aim of the forum is to increase communication and engagement with the industry and to work in collaboration with operators, who deliver a valuable addition to the public transport offering in Northern Ireland. I understand that BCNI has also provided the Committee with a copy of its feedback to the draft guidelines. In the written feedback that the Department has provided to you, we have endeavoured to address the issues as far as possible. I do not intend to reiterate the briefing, but we will be happy to address any concerns. 2 I would, however, like to take a couple of minutes to elaborate on the increasing time frames included in the draft guidelines. The increase in the time frame is significant and represents a number of things: first, experience in the Department of the time that it takes to complete the application process; secondly, the need to allow time for expert consideration and the running of a determination panel; and an increased time frame for consultation. The latter reflects feedback from consultees that they should be given sufficient time to give due consideration to the information presented to them. I appreciate that the increased time frame is frustrating, but I hope that making it clear to potential applicants in advance how long the process may take will allow them to plan. There are opportunities for the process to be considerably shorter, and we will regularly review the process and update our guidelines as we learn more. There are opportunities for refinement and streamlining the process for renewal applications. We will keep that under review as the next generation of renewals are processed. While renewal applications do not require submission to the determination panel, consultation with the consultees is required, and that is set down in legislation. Permit renewal is required every three years, and, again, that is set out in legislation. As I have said, following the issues raised by the industry about the draft guidelines, we will engage with it over the coming months to ensure that the guidelines are accurate and best serve the needs of industry, while ensuring that the legislative requirements are maintained. Chair and members, Stuart