GRANT OF ROAD SERVICE LICENCES (Hansard, 25 March 1980)

§ Mr. Prescott
I beg to move amendment No. 11, in page 7, line 10, after 'authorities', insert 'or some other person'.
The amendment deals with how the information is provided to the commissioners when they are issuing a road service licence. We are concerned about the public interest. In Committee we spent time arguing about the public interest and the definition of the clause, and I do not intend to go over that ground again this evening.
In granting a road service licence the commissioners must consider the public interest. The clause deals with the information that the commissioners must consider in assessing an application for a road service licence. Subsection (3)(a) states that the commissioners must consider the relevant transport requirements of the area as a whole. Paragraph (b) states that they should consider: any transport policies or plans which have been made by the local authorities". A great deal of such information, particularly TPPs, is prepared by local authorities. Local authorities may not necessarily provide the relevant information. The clause provides that the TPPs made by local authorities have to be drawn to the commissioners' attention by those authorities.
The amendment seeks to add the words "or some other person". That would ensure that important information in the TPP, not only concerning matters with which the commissioners will deal in the application but also other relevant matters, may be provided by other persons.
The amendment is simple. It seeks to ensure that if such information is not provided by an authority—we spent time in Committee on the different attitudes towards licence applications for bus services between local authorities and district councils arising from different 1298 transport policies and priorities—it can be provided by other persons.
If a county authority does not provide such essential information to the commissioners it is possible for another person to do so. The Bill requires the commissioners to consider all the relevant information before granting the application. The amendment would provide the opportunity for anyone to provide such information to the traffic commissioners.

§ Mr. Kenneth Clarke
We were expecting a Division. The Liberal Party spokesman entered the debate intending to divide the House. He listened to the argument and was so persuaded that he went away. I trust that the official Opposition will be as responsive to many of our arguments, which will save a great deal of time.
It is not a good beginning. I am surprised that we are debating this matter again. We are rather splitting hairs. In Committee I thought that hon. Members were satisfied by the Government's response.
The amendment will make no practical change. Subsection (3)(c) enables anyone to make any objection or representation that he wishes. It is open to a district council to point to a TPP produced by the county and urge it upon the commissioners. It will be perfectly proper for the commissioners to consider that.
Subsection (3)(b) underlines the fact that county councils have a particular responsibility for transport. There is a duty on the commissioners to have regard to transport policies and plans brought to them by the county councils that made them and presented them to my right hon. Friend. It seems right to us as a matter of presentation that that particular duty of local authorities should be put in a special category in this list of matters to which the traffic commissioners must have regard.
However, a member of the public who wishes to take out a TPP can do so. A member of the public might wish to refer to an out-of-date TPP, whereas a county council, if it brought forward a TPP, would be underlining to the commissioners that that was the one under which it was acting. Anyone may draw 1299 anything to the attention of the commissioners but I think that we are splitting hairs. I prefer the presentation of the Bill as it is and I hope that the hon. Member will be satisfied—as I thought he was in Committee—and withdraw his amendment.

§ Mr. Prescott
We will certainly cooperate. We were hoping that there would be no more votes until the final stages of the debate. I beg to ask leave to withdraw the amendment.