Memorandum submitted by Mark Harper MP (CBPS 85)

Living near a Border

1) Education.

The teaching of Welsh in Welsh state schools is now part of the National Curriculum for Wales[1]. English pupils living in England are eligible to attend a nearby Welsh school but have to study Welsh up to year 11 (GCSE). Pupils in Tidenham, in the South Forest of Dean, for example, may attend Chepstow School but have to study Welsh even though they may never have any further exposure to Welsh culture. Every school day, a bus transports pupils from Ross on Wye in England to Monmouth Comprehensive School in Wales where they will be taught Welsh. And a bus, travelling the other way, takes Welsh children to the John Kyrle School in Ross on Wye where they will not be taught Welsh.

Welsh Independent schools do not have to provide for Welsh teaching.

Central powers provide funding to the devolved powers on the same basis as it provides funding to the English Local Education Authorities, ie. a non ring-fenced sum derived from standard parametric equations that incorporate pupil numbers and their characteristics. The devolved power represents an extra layer of administration and, hence, an extra financial burden.

2) Concessionary transport

Concessionary fares for pensioners and some disabled people has been a provision within various Transport Acts since 1985. However, the concession was restricted to the local Transport Authority area where the concessionee resided (usually the County). More recently, the scheme has been extended by Order to provide off peak free bus travel for this group of people throughout England.

Transport powers have been devolved to the Scottish Parliament, the Welsh National Assembly and the Northern Ireland Executive who have all introduced their own independent concessionary schemes.

The English system requires Concessionary Travel Authorities (usually District Councils) to fund a minimum service. This service is for off peak bus travel (weekends, bank holidays and 0930-2300 weekdays) for the over 60's and disabled people anywhere in England. They receive compensation for this via a non ring-fenced element within the Revenue Support Grant (Formula Grant). Other forms of transport and demand responsive services such as "Dial-a-ride" and taxis are not included in the scheme. Fine details of the scheme are considered by the "Concessionary Fares Working Group". This group consults widely and considers numerous issues including those associated with the proximity of a National border. The group provides advice and issue guidelines as to implementation, interpretation and good practice[2]^,[3].

There is no requirement for central support for concessionary travel across national borders eg. from Coleford to Monmouth. However, the statute allows for this to be introduced by order of the Secretary of State. This may not be necessary because existing statutes (1985 Transport Act) already permits Concessionary Travel Authorities to extend the concessionary fares scheme slightly beyond their border if they are prepared to provide the funding. The Forest of Dean Concessionary Travel Authority has agreed to fund concessionary travel across the border and back as long as the journey starts in the Forest of Dean. However, funds will not be provided for connecting journeys once in Wales because the statute only allows support for travel "within the vicinity of the local authorities area". Hence, concessionary riders will be able to make a return journey from the Forest of Dean into Chepstow and Monmouth but no further. This means that concessionary riders wishing to travel free from Lydney to Bristol can go via Gloucester but not Chepstow[4].

Herefordshire, Shropshire and Cheshire appear to have introduced similar arrangements. Also, similar arrangements exist in Wales for cross-concessionary travel across the border into England at the discretion of the local Welsh authority. However, there appears to be a widely held belief that the Welsh authorities fund concessionary travel for Welsh concessionary pass holders for journeys anywhere in the UK. Concessionary travel is a completely devolved power and the Welsh Assembly Government decided to fund free local bus travel throughout Wales for older and disabled residents only[5].

The 2000 Transport Act allows the Secretary of State to vary the administrative arrangements by Order. He may, for example, centralise or devolve the administration of the scheme. Also, he may extend the act to school children, mentally disabled, carers of the disabled and elderly. He may choose to remove the peak time restriction. The act allows for recognition of cross border schemes (very much like the Postal and Telephone Services) though problems such as funding and a suitable convergence criterion would need to be addressed⁶. This seems unlikely given the retreat from central discipline.

The House of Commons Research Papers 07/19 and 07/211 "Concessionary Bus Travel Bill (HL)" January and February 2007⁶,[6] gives overviews of the scheme. It notes that the extension of the scheme to the over 60's and physically disabled to any part of England is available to 11 million people. However, not all of these would be wishing, willing or able to make use of the scheme. It notes that a single national (UK) scheme would be simpler and offer administrative savings.

The papers report that some 18 out of the 292 Concessionary Travel Authorities have complained about inadequate funding. No monies have been provided for the extra administration or start up costs and some local authorities appear disproportionately affected by the extension to the scheme because of tourism and cross border travel. The problem arises because the formula grant is based on population and demographics rather than on the number of bus journeys. This implies that authorities are penalised for success. It has been argued that "funding should follow need". Also, the criteria for concessionary travel has changed from residence to start of journey.

Hence, Concessionary Travel Authorities are required to reimburse operators for concession pass holders starting journeys in their area even if they are not resident (council taxpayers) in that area. This reduces the relevance of local Concessionary Travel Authorities and strengthens the case for a central authority (possibly administered by Revenue and Customs, Department of Work and Pensions or Department of Health and Social Security). However, concessionary travel is still primarily locally based.

The start of journey rule does not apply across borders. Therefore, although residence is not relevant for English people starting a journey in England, it is the deciding factor if English people wish to travel in Wales. Although the Government states that the concessionary bus scheme is a national scheme, this is not the case - it is an England only scheme.

Welsh and UK Government Ministers should therefore ensure that a full cross-border scheme is worked out so that people who use public transport in these areas have a fair and equitable service compared to their counterparts elsewhere in the country.

3) Health Care

Welsh Local Health Boards plan and purchase health services for the patients of GPs who are registered in Wales, although both patients and GPs can be based in either Wales or England. Funding for Welsh patients is via the Welsh Assembly Government whilst funding for English patients is from the appropriate English Primary Care Trust. There are three notable differences between the provision of health care services between England and Wales as follows:

3.1 Prescription charges.

The Welsh Assembly fund prescription costs for all patients of Welsh-registered GPs whether the patient is resident in England or Wales. These patients do not pay for a prescription so long as it is dispensed at a Welsh pharmacy. Curiously, this includes Welsh-registered General Practices based on the English side of the border (it is not known how this strange state of affairs came into being). Funding for this comes from the residents English Primary Care Trust[7].

The Welsh Assembly do not intend to fund prescription costs of Welsh residents registered with English practices. However, anecdotal evidence does indeed suggest that Welsh residents registered with an English GP can still successfully have a prescription dispensed free at a Welsh pharmacy or even at the GP's practice if he has a dispensary. There appears little willingness to police the system.

In 06/07 prescriptions cost the Welsh Assembly some £29.5m[8].

3.2 Hospital waiting times

Target waiting time from GP's referral to hospital consultation in Wales are set by the Welsh Assembly Government. Target waiting times are lower in England than Wales. By end 2008, English targets are set to be 18 weeks whereas Welsh targets are set to fall to 26 weeks by end 2009. Referrals can be to hospitals based anywhere in the UK and hence hospitals operate multiple waiting lists to accommodate the variable targets and funding provided by the different National Health Boards[9].

English patients of Welsh-registered GP's are subject to waiting times decreed by the Welsh Assembly whereas Welsh patients registered with an English GP are subject to waiting times decreed by the English government. However, it is easy for a Welsh resident to re-register with an English GP to avail themselves of the shorter English waiting times. This appears to be placing burdens on the Welsh Local Health Boards because they have to fund it.

Funding for an English resident registered at a Welsh practice is from the residents English Primary Care Trust. The quanta is identical to that provided for those registered with an English practice. Currently, the Department of Health fund English residents on the basis of £1390/person whilst the Welsh Assembly Government fund Welsh residents on the basis of £1,470/head. Hence, the Welsh Assembly provide extra funding for English residents registered at a Welsh practice... a source of concern for the Welsh Assembly[10].

Therefore, two English patients will experience a difference of some 8 weeks, depending on whether their doctor is registered in England or Wales, depending on where their GP is registered. GPs in England can be registered in Wales.

In 05/06, English Primary Care Trusts provided Welsh Local Health Boards with some £2.1M for the English residents registered with Welsh GP's11

UK and Welsh Assembly Government Ministers need to resolve the long standing discussions on transferring responsibility and funding based on where the patient lives, not on where their GP is registered.

Conclusion

English people who have to deal with public services in Wales can either be put at a disadvantage with Welsh people, in the case of public transport, or other English people, in the case of healthcare.

People very close to each other can therefore find that their experience of public services in border areas is very different. This is a direct result of certain aspects of the devolution settlement. Part of the problem with this system is that English people use Welsh public services in a variety of circumstances, but have no ability to influence services through the ballot box. There is also perceived unfairness in the amount of money that devolved nations get from the UK government and the resulting improved services - for example, free prescriptions in Wales.

The Government compounds this problem by referring to national schemes to mean England only, not the UK. Clarity of meaning and communication is therefore also essential.

Future developments in the process of devolution need to consider the impact changes in the policy will have on those that live close to the border and how local services in border areas will be affected.

May 2008

[1] http://old.accac.org.uk/eng/content.php?cID=3&pID=16

[2] Gillian Merron Private communications to Mark Harper Jan and April 07. ME/029890/06 and ME/007686/07. DfT London.

[3] 2007 Concessionary Bus Travel Act

[4] http://www.fdean.gov.uk/content.asp?nav=&id=1274&Positioning_Article_ID=&Language=&d1=0

[5] Ieuan Wyn Jones. Private Communication to Mark Harper. October 07. DFM/00388/07. Minister for the Economy and Transport, Welsh Assembly Government.

[6] House of Commons Research Papers 07/211 "Concessionary Bus Travel Bill (HL)" January 2007

[7] Allan Coffey Chief executive Monmouthshire local health board. Private communication. May 2006.

[8] Mark Harper. Standard letter to constituents re.prescription charges. 2007.

[9] http://news.bbc.co.uk/1/hi/wales/6589787.stm

[10] Norman Warner private communication Dept. of Health Jun 06 PO 00000090952