Net Zero, Energy and Transport Committee
The National Smart Ticketing Advisory Board (Public Services Reform) (Scotland) Order 2024 was laid before the Scottish Parliament on 8 February 2024. The draft instrument was referred to the Net Zero, Energy and Transport Committee for consideration and is subject to the affirmative procedure, meaning it must be approved by the Scottish Parliament before it can come into force.
It is for the Net Zero, Energy and Transport Committee to recommend to the Scottish Parliament whether the draft Order should be approved. On 12 February, the then Minister for Transport, Fiona Hyslop MSP, lodged motion S6M-12121, proposing that the Committee recommends the draft Order be approved.
The instrument pertains to the National Smart Ticketing Advisory Board ('the Board'). The function of the Board is to advise the Scottish Government on the introduction of 'smart ticketing', which refers to cashless and paperless travel. The Board is tasked with providing support and guidance on the implementation and technology used in relation to this new ticketing service.
The Policy Note accompanying the instrument says its purpose is to add the Board to a list of public bodies in Schedule 5 of the Public Services Reform (Scotland) Act 2010 ('the 2010 Act'). As a result, the Scottish Government would have the statutory ability to make provision to improve the Board's exercise of public functions, having regard to efficiency, effectiveness and economy.
At its meeting on 27 February 2024, the DPLR Committee considered the instrument and determined that it did not need to draw the attention of the Parliament to the instrument on any grounds within its remit.
At its meeting on 12 March 2024, the Committee took evidence on the draft Order from—
Fiona Hyslop MSP, Cabinet Secretary for Transport, Scottish Government;
Natalie Milligan, Solicitor, Scottish Government; and
George Beale-Pratt, Smart Policy Manager, Transport Scotland.
The evidence taken at the meeting can be read in the Official Report, which is available at the following web page—
In her opening remarks, the Cabinet Secretary said adding the Board to the list of public bodies in the 2010 Act was in line with best practice for new public bodies. She added that the Board had been consulted and was content with the proposals set out in the instrument.i
The Committee asked if all appointments to the Board were made by the Scottish Ministers. The Cabinet Secretary confirmed they did. She added that the membership of the Board was made up of representatives from a range of transport authorities. The Committee queried the terms of service of Board members and whether they can be reappointed by the Scottish Ministers. A Scottish Government official said that Board members are appointed for a period of four years. He added that the Scottish Ministers can invite current Board members to reapply for their positions but there was no guarantee of their reappointment.i
The Committee asked if the Board would provide a strategic role in supporting regional transport authorities with the use of new powers within the Transport (Scotland) Act 2019 ('the 2019 Act'). The Cabinet Secretary said the Board does not have a direct oversight function in relation to the 2019 Act but suggested that the Board may provide advice to the Scottish Ministers on practical issues relating to some of its provisions that were within its remit. The Committee queried specifically if the Board would have a role in delivering interoperability in ticketing services if regional transpose authorities were to use the powers in to the 2019 Act. The Cabinet Secretary said regardless of the powers in the 2019 Act, there was interoperability. She added that while different operators may want to do different things, it is important to ensure compatibility with smart ticketing.i
The Committee questioned the contents of the Board's work programme, which requires the approval of Scottish Ministers. The Cabinet Secretary said she would be meeting the Chair of the Board in the coming weeks to discuss their proposed work plan. A Scottish Government official added that the Board has a number of statutory requirements to provide advice to the Scottish Ministers on certain matters pertaining to smart ticketing. He noted that these statutory requirements would form part of the Board’s work programme. However, he said there would also be flexibility in the plan for the Board to pursue other priorities outwith the scope of its statutory functions.i
The Committee asked whether the Board was consulted as part of the Fair Fares Review. The Cabinet Secretary said the first Board meeting was in November which was near the conclusion of the Review. However, she said individual members would have had an opportunity to engage in the Review through their respective organisations.i
The Committee asked how the Scottish Parliament would have any opportunity to consider and input into the Board's work plan. The Cabinet Secretary said she would be open to sharing aspects of the Board's work programme with the Committee where appropriate.i
The Committee queried if remuneration rates for the Board were £194 per day for members and £238 per day for the Chair as the Committee had been previously advised. A Scottish Government official confirmed these rates remained accurate.i
Following the conclusion of evidence taking, the Cabinet Secretary moved motion S6M-12121 in her name—
That the Net Zero, Energy and Transport Committee recommends that the National Smart Ticketing Advisory Board (Public Services Reform) (Scotland) Order 2024 [draft] be approved.
The motion was agreed to without debate or division.
The Net Zero, Energy and Transport Committee recommends that the National Smart Ticketing Advisory Board (Public Services Reform) (Scotland) Order 2024 [draft] be approved.