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Concessionary Bus Travel Bill [HL]

I am grateful to the noble Lord, Lord Bradshaw, because he has identified an important issue. It is right that bus operators have the capacity to appeal the amount they are being reimbursed if they think it is unfair. There have been a number of appeals to the Secretary of State by bus operators against the level of reimbursement provided by local authorities for carrying concessionaires during this financial year, and a number have already been determined. The process has worked reasonably well, and it is fair, but I have no doubt that we could improve upon it, and I shall listen to those who present a case for changes to the appeal process. I cannot support the principle of appeals being submitted at any time—although the noble Lord may have kept the amendment open and wide in order for it to be probing. It is important that appeals are a last resort. We want the negotiations to succeed, and appeals to take place only when negotiations have effectively broken down. Allowing appeals at any time could risk undermining local negotiations, and the noble Lord will recognise the problems there. Any appeal creates some uncertainty for the local authority. Under the current arrangements, they know the magnitude of any claim at the end of the 28-day period, and can put appropriate contingency measures in place. The possibility of an appeal being submitted at any stage of the year would make it mighty difficult for local authorities. I am sure that the noble Lord, Lord Bradshaw, will recognise that point. Also, it is common legislative practice to set a deadline by which time appeals must be lodged. After all, there is a similar deadline in respect of appeals against reimbursement of discretionary schemes made by local authorities under the Transport Act 1985. I do not think that the noble Lord’s concept of open-ended appeals in Amendment No. 37 is acceptable, but I hear what he says: that he is just testing the Government at this stage. We are open-minded about this question. We have not been working the system for long, and there is no doubt that improvements can be effected. However, we would certainly continuously resist the concept of the open-ended appeal, which has profound implications for local authorities. No doubt the noble Lord will pursue this issue further.