A landmark decision by judicial review has deemed that bus franchising is legal, opening the door for Manchester to carry on with its plans to implement Transport for London-style services and ticketing
Last year, the Mayor of Greater Manchester made a decision to implement a bus franchising scheme across Greater Manchester, to bring buses back under public control. A report by Greater Manchester Combined Authority (GMCA) said that there are more than 150 different types of bus ticket, and that a single bus ticket can cost £4 compared to £1.55 in London, and often does not allow passengers to transfer between buses or other types of transport.
Under the proposed new regime, bus services would be brought under local control, with Greater Manchester Combined Authority saying it would coordinate the network based on what passengers need, coordinate investment, and integrate buses with the rest of transport network.
GMCA said that over 12,500 consultation responses were received in total on its proposals to change how buses are run. Asked ‘to what extent do you support or oppose the introduction of the proposed franchising scheme,’ 86% of respodants to the first consultation period said they supported the franchising scheme. This dropped to 82% for the second consultation period. Consultation responses were independently managed and analysed by Ipsos MORI.
Complaints were brought by Stagecoach and Rotala in response to the prospect of a bus franchising scheme in Manchester in 2021. Stagecoach said: “Stagecoach believes that GMCA’s consultation process has failed to meet the standards on proper process, evidence and analysis required by law. In February 2021, Stagecoach submitted an application for a judicial review on that basis.”
On Wednesday 9 March, the courts found that decision was lawfully carried out, as were all other aspects of the franchising process.
Mayor’s reaction
Andy Burnham, Mayor of Greater Manchester, said: “This is truly fantastic news for everyone outside London who wishes to see a return to a bus service that puts people ahead of profit. We were always confident that GMCA had followed all correct legal processes and that the decision to franchise buses and bring them under public control was lawful and right. We’re delighted that this strong legal decision, where we won on every point, validates and endorses everything we have done to date.
“Following the strong mandate from the Greater Manchester public, who wanted buses bringing back under public control, it is frustrating that the two companies concerned pursued this action and I am pleased that the court has dismissed all of their arguments. I now ask them to accept the clear ruling and allow us to crack on and give the people of Greater Manchester what they want – an integrated, accessible and affordable ‘London-style’ transport system joining together buses, trams, cycling and walking; the Bee Network.
Funding needed
“I want to work with the operators and the Government to create the bus network that GM needs over the next few years and I will give a more detailed update on how and when we will implement franchising on Monday,” the Mayor continued. “However, in order to deliver a London-style transport system, we need the right funding to do so for our buses and for our Metrolink system so that people have access to the kind of reliable, affordable services that makes public transport an attractive alternative to the car. Access to reliable affordable public transport is central to the Government’s commitment to levelling up and to our net zero ambitions. We want Government to join us in a partnership that uses Greater Manchester as a pilot to allow it to become the first London-style public transport system outside of London, as the Government promised in its Levelling Up white paper, providing a package of both post-covid and longer-term funding.
“We know that this result is important not just for Greater Manchester, but for other city-regions too, such as Liverpool City Region and South Yorkshire which have both announced that they are taking steps to introduce a franchised bus network. We hope that this judgement today will pave the way for them to progress with their ambitions to bring buses under public control. This ruling is a green light for the North to retake control of its bus and public transport system.”
Stagecoach response
In response to this decision, a Stagecoach spokesperson said: “We are disappointed at the decision of the Court. This case was never about the principle of mayoral combined authorities being able to decide to introduce bus franchising. We absolutely respect that democratic right. However, the Bus Services Act 2017 makes very clear that authorities must meet specified standards on proper evidence and analysis in pursuing this process. It was our view that the process followed by Greater Manchester Combined Authority in assessing the impact of the Covid-19 pandemic on its bus franchising plans did not meet those legal requirements. Nevertheless, we accept the decision of the Court. We will work constructively with GMCA to help deliver the Mayor’s ambitions for the region’s bus network, as well as the Government’s wider objectives in the National Bus Strategy, and look forward to the Mayor securing the significant taxpayer support required to deliver the franchising system.
“Across the country, we are ready to help transport authorities deliver better buses in their regions, including through Enhanced Partnerships, which can deliver fast, practical improvements for local communities. There is a huge opportunity for buses to help drive a better, fairer and greener future for Greater Manchester. Our priority has always been to support that objective by delivering the best and most sustainable bus network for the region in the quickest and most effective way possible. We have been in regular and constructive contact with GMCA to offer our ideas on how to improve the bus network. Looking ahead, we will continue to work in partnership with the Mayor and the Combined Authority to recover from the pandemic and ensure the region has a sustainable, high quality bus network for the long term.”
Clean Air Zone delayed
A Clean Air Zone (CAZ) in Manchester that was due to begin on 30 May has been delayed. The scheme would have introduced daily charges for the most polluting HGVs, buses, non-Greater Manchester licensed taxis and private hire vehicles that don’t meet emission standards. It would also have led to charges for non-compliant vans, Greater Manchester-licensed taxis and private hire vehicles from June 2023. Private cars, motorcycles and mopeds were to remain exempt. However, concerns about financial hardship for local people and the availability of compliant vehicles has led the Mayor and Greater Manchester local authority leaders to ask Government to lift its legal direction. The city is now working with Government to deliver a new plan for clean air by July 2022 instead.
