Hansard

The legislative measures in the bill have been arrived at using a partnership approach. The Scottish Government and I have consulted and listened. I am sure that, to all those members who are in the chamber, the term “school transport” appears to be a straightforward phrase that does exactly what it says on the tin. However, as I and, I am sure, the members of the Rural Economy and Connectivity Committee, can attest to, this is a deceptively nuanced area with various overlapping factors and delivery bodies.

I will let the Minister for Transport and the Islands outline in more detail the significant engagement that the Scottish Government undertook during the devolution of powers that have allowed the introduction of this bill. Collaboration has been key to ensuring that the legislative proposals are practical and fit for purpose. What we heard loud and clear was that a phased approach to introduction was necessary. It became apparent that it would take longer for councils to adapt and absorb the changes for secondary school transport. In general, secondary schools use more double-decker buses, which are exactly the type of vehicle without seat belts that the bill aims to target. That is why Scottish ministers announced implementation dates of 2018 for primary school transport and 2021 for secondary schools. School authorities have been working towards those timescales and councils have in good faith signed contracts based on them.

At stage 2, we were aware that accelerating implementation dates for secondary provision could lead to contracts having to be broken or renegotiated. Inevitably, that would lead to significant practical, financial and, potentially, legal consequences. We have now canvassed local government and know that five councils find themselves in such a situation: Falkirk Council, Glasgow City Council, West Lothian Council, Stirling Council and Clackmannanshire Council have all signed contracts beyond 2018. Given the lack of precedent of having to renegotiate or to break and retender such contracts, it is not straightforward to forecast the cost implications. However, we are aware that there would be stark and troublesome ramifications for those concerned.

Over the bill's parliamentary passage, we have listened to the views of MSPs that cost forecasts with regard to other elements were too high. The Scottish Government therefore helped to prepare the supplementary financial memorandum, which addresses those concerns and places a formal review period to help mitigate costs. Therefore, to accelerate commencement dates and force such uncertain and problematic consequences does not seem necessary or sensible to me, especially in times of challenging resources for local government. While I absolutely understand the motivation for implementing these safety measures for young people as quickly as possible, it is incumbent on us to be mindful of the wider backdrop. That is why I am moving amendment 2 to allow for a long-stop date for commencement in 2021 for school authorities that have entered into such contracts. The amendment is specifically to address the issues that I have outlined, rather than being intended to offer any sort of catch-all exemption for such school authorities. As such, it has been deliberately drafted as narrowly as possible to allow regulations on commencement to make only a limited exception to the general 2018 commencement that was agreed to at stage 2.

Members may remember that we listened to the views of Parliament on the importance of the legal requirement that covers vehicles that are used for school trips. My amendment on that gained approval at stage 2. Under my amendments today, vehicles that are used for school excursions would still be subject to the 2018 commencement date. The exemption here applies only to home-to-school transport.

Amendment 2 would not allow school authorities to enter into further contracts beyond the date on which the bill receives royal assent that do not meet the new legal requirement in section 1 to have seat belts fitted. There is no possible loophole for school authorities, and the exemption relates only to pre-existing contracts at royal assent. Furthermore, the amendment relates only to transport for secondary school, meaning that provision for primary school transport will not be exempt and will therefore be subject to the accelerated 2018 commencement date. Consequentially, amendment 1 reinstates the term “secondary education” in the list of definitions in the bill taken from the Education (Scotland) Act 1980.

Members may remember that the Rural Economy and Connectivity Committee’s stage 1 report endorsed the commencement dates that were originally committed to for the bill as “reasonable and practicable”. Now that we know the blatant implications of those dates for a number of local authorities, there seems to be an even more compelling case for that approach and for a phased commencement of the bill, but with that phasing being carefully limited, as I described, and with an ultimate deadline of 2021 in order to respect the decision that this Parliament took at stage 2.

I move amendment 1.