Impact Assessments

The consultation paper noted that the public sector equality duties require the Scottish Government to pay due regard to eliminating discrimination, victimisation, harassment or other unlawful conduct that is prohibited under the Equality Act 2010; to advance equality of opportunity between people who share a protected characteristic and those who do not; and foster good relations between people who share a relevant protected characteristic.

Question 35: Do you have any views on the context of the impact assessments published in association with the consultation paper?

A total of ten respondents commented in response to this question. The key comment related to safety on buses, with most comments referring to the impact of this on women specifically. Some local authorities noted that on-bus safety has not been mentioned in any impact assessments, and an equalities organisation noted a number of issues that need to be considered, including greater regard to safety on buses, better accessibility and improved services for women.

Two references were made to disabled people, with reference to the need to ensure that the requirements of the Equality Act 2010 are met at all times. There was also a comment that all bus stops should be accessible and all buses to have ramps.

A single reference was made to elderly people; this respondent commented that the elderly are often excluded by demand-responsive transport (DRT) systems that require a smartphone or that they cannot necessarily access websites.

Young people were cited by one respondent who noted that they form a large part of the service / hospitality sector workforce but that many are not served well by bus services and / or routes, particularly away from urban areas.

A local authority and a regional transport partnership referred to a paper on Rural Bus Funding which they felt should be used to inform the development and conclusion of an Island Communities Impact Assessment.

A trade union / campaigning organisation noted that these impact assessments had been written in the expectation that local authorities would have a choice between three new operating models but that this approach has been prevented by the Bus Partnership Fund, so there is a need for further equality impact assessments to be undertaken. A regional transport partnership noted that impact assessments will need to be undertaken when the provisions in the Act are being taken forward, and will need to be considered at that stage.

Question 36: Do you have any comments on the information contained in the partial BRIA, including the options, costs and benefits discussed?

Only seven respondents answered this question. Two local authorities noted that the example uses pre-COVID costings and wondered if COVID and / or Brexit have had an impact on these and whether the costings should be revised in the light of any impacts.

A trade union noted that any new powers for public control and ownership must be backed up by sufficient funding to make them accessible for local authorities.

An operator noted that the impact of introducing any or all of the measures contained in Transport Scotland Act 2019 will have different effects on operators, and it is not appropriate to assume the impact of a given intervention in a particular local market will have same impact in another market.

A local authority noted that:

On page 6 of the partial BRIA it states under Option 3 'In this option QPs and QCs under 2001 Act remain in place but additional legislation is introduced to improve information and clarify the circumstances in which local authorities can run their own buses'. Throughout the remainder of the document, it is indicated that under this Option, like that of Option 2, QPs and QCs will be replaced by the BSIP and Franchising models, as set out in the Act.

An individual noted that any discussion of costs must include costs of BSIPs in terms of climate change, the mental and physical health of communities and individuals and the effects on working conditions of bus drivers and employees of bus operators.

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