Local Transport Bill [HL] Bill

As has been explained, the amendment would remove the Secretary of State’s power to give guidance to the senior traffic commissioner on the directions and guidance that he or she may issue to the other traffic commissioners. We should remember that the effect of the amendment on the Bill would be to remove the existing power under Section 4(4)(a) of the Public Passenger Vehicles Act 1981 and the corresponding power in the goods vehicles legislation for the Secretary of State to issue directions to the traffic commissioners over the exercise of all of their functions. This is a significant step which further reinforces the commissioner’s overall independence. Given the Secretary of State’s responsibilities for the overall policy and work of the operator licensing system and the statutory functions of the traffic commissioners, as well as general responsibilities to Parliament and compliance with European legislation, there should be a statutory requirement for the senior commissioner to have regard to any guidance issued by the Secretary of State as to the exercise of powers under this new section. It is only a requirement to have regard to such guidance, not to obey directions. There is a difference. Given that and the significant moves that we have already made in regard to the Secretary of State’s powers in this area, I would encourage the noble Lord to withdraw the amendment. I understand the desire that noble Lord’s may have to secure autonomy in this area of activity, but there is a necessity for some level of political accountability. We need to strike a balance between autonomy on the one hand and accountability on the other. Ultimately, the Secretary of State is politically responsible for this and, unless there are some levers and methods of accounting, we could reach a situation where the accountability route breaks down. I am not sure that the autonomy gained as a by-product of that would necessarily secure some of the advantages and improvements that we all want to make through this legislation.