Agenda item

Notice of Motion

to consider the following motion received in accordance with Council Procedure Rule 10.1:

 

(a)  By Cllrs Baldry and Brazil

 

“This Council notes:

 

1.       That the Bus Services Bill currently passing through Parliament includes Clause 21 that will effectively “prohibit a local authority from forming a company for the purposes of providing a local bus service”.

2.       That the Localism Act (2011) provides general powers of competence to local authorities.

3.       The Devon Youth Parliament has transport as one of its top priorities.

 

4.       People in South Hams, especially the rural areas, have seen a serious decline in their bus services.

 

This Council believes:

 

1.         Clause 21 contradicts the general powers of competence and the spirit of the Localism Act 2011.

2.          If there is a need and a demand from their public, then Councils should be able to provide their own bus services 

3.         Clause 21 should be omitted from the Bus Services Bill.

 

This Council resolves:

 

1.       To write to Lord Ahmad and to call on the Department for Transport to omit Clause 21 from the final legislation

2.       To write to Sarah Wollaston and Gary Streeter our MPs to ask them to oppose clause 21 when the Bus Services Bill reaches the House of Commons and ask them to write to Lord Ahmad and the Department of Transport to raise concerns about Clause 21.”

 

 

Minutes:

49/16              

It was noted that one motion had been received in accordance with Council Procedure Rule 10.1.

 

At this point and, in accordance with Council Procedure Rule 12.12 a Member wished to raise a Point Of Order in respect of a question and motions that she had submitted not being on the published agenda.  In response, it was noted that the submissions had been ruled as being received out of time.

 

As a consequence, it was agreed that these issues could be given informal consideration during the upcoming Member workshops on the Joint Local Plan.

 

(a)    By Cllrs Baldry and Brazil

 

“This Council notes:

 

1.    That the Bus Services Bill currently passing through Parliament includes Clause 21 that will effectively “prohibit a local authority from forming a company for the purposes of providing a local bus service”.

2.    That the Localism Act (2011) provides general powers of competence to local authorities.

3.    The Devon Youth Parliament has transport as one of its top priorities.

4.    People in South Hams, especially the rural areas, have seen a serious decline in their bus services.

 

This Council believes:

 

1.      Clause 21 contradicts the general powers of competence and the spirit of the Localism Act 2011.

2.       If there is a need and a demand from their public, then Councils should be able to provide their own bus services 

3.      Clause 21 should be omitted from the Bus Services Bill.

 

This Council resolves:

 

1.    To write to Lord Ahmad and to call on the Department for Transport to omit Clause 21 from the final legislation

2.    To write to Sarah Wollaston and Gary Streeter our MPs to ask them to oppose clause 21 when the Bus Services Bill reaches the House of Commons and ask them to write to Lord Ahmad and the Department of Transport to raise concerns about Clause 21.”

 

In introducing the motion, the proposer made reference to:-

 

-        the motion having the support of the Local Government Association;

-        the Bill being wholly contrary to the Devolution agenda.  Whilst not necessarily advocating taking on responsibility for bus services, the proposer was of the view that a Council should have the legal right to do so (if it so wished).

 

In the ensuing debate, the following points were raised:-

 

(a)    As a matter of principle, a Member commented that, if central government was committed to devolving powers, then councils should have the ability to make such decisions;

 

(b)    When looking at the importance of the economy priority and retaining home grown talent in the district, a quality, integrated and sustainable public transport system (that was well used) was emphasised as being essential;

 

(c)    The seconder of the motion questioned the purpose of the legislation and felt that it was being used to support private bus services, with the end result being to the detriment of local communities.

 

It was then:

 

        RESOLVED

 

This Council notes:

 

1.    That the Bus Services Bill currently passing through Parliament includes Clause 21 that will effectively “prohibit a local authority from forming a company for the purposes of providing a local bus service”.

2.    That the Localism Act (2011) provides general powers of competence to local authorities.

3.    The Devon Youth Parliament has transport as one of its top priorities.

4.    People in South Hams, especially the rural areas, have seen a serious decline in their bus services.

 

This Council believes:

 

1.    Clause 21 contradicts the general powers of competence and the spirit of the Localism Act 2011.

2.    If there is a need and a demand from their public, then Councils should be able to provide their own bus services 

3.    Clause 21 should be omitted from the Bus Services Bill.

 

This Council resolves:

 

1.    To write to Lord Ahmad and to call on the Department for Transport to omit Clause 21 from the final legislation

2.    To write to Sarah Wollaston and Gary Streeter our MPs to ask them to oppose clause 21 when the Bus Services Bill reaches the House of Commons and ask them to write to Lord Ahmad and the Department of Transport to raise concerns about Clause 21.