(3 weeks, 5 days ago)
Grand CommitteeI disagree very strongly with the noble Lord. If he had been listening to me back then, he would have heard me, and I did not talk about an incipient ice age.
Let me get back to my comments. To the point made by the noble Baroness, Lady Coffey, of course the welded rails are part of the problem and I am absolutely delighted that she does not have a lot of noise from the railway going past her house. The fact is that we need to reduce diesel. I was disappointed that she could not fully support what I was saying, but I thank her anyway.
In response to the noble Lord, Lord Liddle, this is not about putting everything in the Bill; this is about thinking about a future for humankind. This is directed to the noble Lord, Lord Berkeley, as well, with whom I will have a word later. I am not trying to save nature for nature’s sake; it is because we rely on nature for our human existence. I do not understand why people just do not get that connection: no bees, no food, no humans. I am not saying that nature is more important than humans; I am saying that it is important for humans. I was surprised that the noble Lord, Lord Grayling, supported anything I said. That is rather nice.
I do not know. Perhaps I have not listened hard enough to what he is saying generally, but I thank him anyway. I assumed that the noble Lord, Lord Reay, was going to completely rubbish everything that I said, so I did not start to take notes. I look forward to all the other groups and beg leave to withdraw my amendment.
I thank the noble Lord, Lord Moylan, for explaining that to me. I would like to hear that corroborated by the Minister, if he would. This one obviously needs safeguards and so on.
My Amendment 331 is quite specific, but it raises two important questions about what we consider to be competitive parts of the railway. The first is rolling stock. We discussed on the first day the question of bringing rolling stock into public ownership. The Office for National Statistics is also considering the accounting treatment of rolling stock companies, including whether their leases should ultimately appear on the public sector balance sheet. I do not want to rehearse that whole debate here, but it is worth asking whether treating rolling stock as a competitive market should simply be taken for granted.
If the Government’s ambition is to create a genuinely integrated railway, which I hope it is, there may be circumstances where intervention in the rolling stock market is necessary. Removing rolling stock from this particular competition provision would at least allow that policy question to be considered without assuming that competition must always be the organising principle.
The second issue is passenger information systems. I would like the Minister to explain exactly what is meant by these systems in this legislation—if not, perhaps the noble Lord, Lord Moylan, could help me out. This provision dates back to the Railways Act 1993, when the technology and structure of the railway were very different. If we are talking about the digital systems that allow information to be shared across the rail network, there is a strong argument for treating them as essential railway infrastructure. That would not necessarily prevent competition in ticket retailing or other services, but the underlying information infrastructure needs to work across the network. Can the Minister therefore clarify what systems are covered by this provision and why they need to be treated as a competitive market?
My Amendment 332 raises a broader question about the position of competition regulation within the new railway. As I understand it, the effect of this provision is that the ORR’s competition functions under Section 67 of the Railways Act 1993 will continue to apply to Chapter 2 of Part 1 of this Bill. However, the Bill also establishes a rail strategy and a set of general duties for Great British Railways, so I want to understand how these things fit together. If the ORR is applying competition regulation to the new strategy framework, could that regulation prevent GBR implementing something that is otherwise consistent with the rail strategy and its general duties, and, if so, which takes priority?
We have heard arguments that the ORR’s role is being reduced under this Bill, but this provision seems to leave it with significant powers in relation to competition. I would like us to be clear about where the balance lies. Are we creating a new railway strategy, which GBR is expected to deliver, while simultaneously giving the regulator the ability to intervene where it considers competition requirements have not been met? If that is the intention, the Government should explain how conflicts between those objectives will be resolved. I am not arguing against regulation where it is needed, but I question the idea that competition should be an end in itself. The purpose of the railway should be to serve the public, and competition should support that purpose rather than take priority over it.
My Lords, I will address the government amendment that leads this group, which takes us back somewhat to the debates we had previously about the Civil Aviation Authority and the additional responsibilities that it was given.
I have significant misgivings about exactly where the Government are placing the ORR in this legislation and in the structure for the future. It has always seemed to me there are two prime functions, if there is to be a regulator at all. In a state-run railway, where the Government are, in effect, recreating British Rail—of course, in the past, there would not have been such a thing—the Government are creating multiple bodies around what was once a single national railway. The key issue is that the ORR’s job should be about ensuring that, where there is external access to the network for freight, for open access and for heritage railways—I see my noble friend over there—that access is provided on a fair basis and charged for on a fair basis.
I am not really sure I understand why this amendment is necessary. It takes the ORR into the field of consumer regulation, into the work of the CMA and into the world of competition legislation. When we debated the similar measure on civil aviation and the Civil Aviation Authority, we were dealing with a range of powers that the Government were seeking to give the Civil Aviation Authority, some of which the Minister himself rightly recognised—I am grateful to him—were too draconian. He stepped back from some of the original pieces in that legislation. Before we give him carte blanche to do this, in a Grand Committee where there is not the opportunity to divide as there is on the Floor of the House, he needs to explain in a bit more detail precisely what this entails. What is the ORR trying to sort out? What are the justice implications of this? What are the kinds of areas of criminal civil activity that this is designed to tackle?
Unless the Minister can set that out in a lot more detail, I will object to this going through this Committee today and say that he needs to come back on Report with much more information. He will recall our debate on civil aviation. I asked him a number of questions on which, through no fault of his own, because it was not his specialist area, he did not have the full information to hand. This, of course, is his specialist area, and I am sure that he has the information to hand. If he does not, this is not a matter that should be dealt with today.
(1 year, 8 months ago)
Grand CommitteeMy Lords, I signed several amendments of the noble Lord, Lord Holmes, and I would have signed those of the noble Baroness, Lady Brinton, which are very good. I speak as somebody who has always loved floating bus islands, because I have no disabilities—other than not being capable of keeping my views to myself—and there seems to be a degree of real safety for cyclists going past them. But, obviously, since we have been discussing this, I have become very aware that floating bus islands are in some quite dangerous situations and difficult places, and I have now changed my mind—which is a rare thing for me to do.
There are probably three reasons for me to support these amendments. First, as the noble Lord, Lord Holmes, said, everyone benefits when we make things safe—that is absolutely obvious. When you have an increasingly older population, as we do in the UK, that is incredibly important. There is also the question of fairness. I want a fair society; I know we are a long way off it, but it really is something we should aim for constantly. Lastly, I have family with invisible disabilities, and I do not even know how we can help people who have those. But, clearly, as much information as possible, given as often as possible, will be part of that.
Finally, I cannot see anything in these amendments that the Minister would disagree with, so I very much look forward to the Government accepting them all and saying what a good job the Opposition are doing.
My Lords, I will pick up on the points my noble friend Lord Moylan made about demand-responsive buses. I acknowledge what the noble Baroness, Lady Brinton, said. The key point of those buses is not that they are for disabled people but that they are a fundamental part of the future of transport in many rural areas. It is enormously important that, as local authorities migrate to a new way of doing things under the terms of the Bill, they encourage the development of demand-responsive buses. The reality is that they are an important way to bridge the gap between many rural communities and local towns, given the absence of public transport. It is important that buses do not develop in a way that excludes those with disabilities. We need to encourage local authorities in this respect.
I agree that currently, demand-responsive buses are significant for the elderly and the disabled, but that is not how it must be in the future. It is important to transition to the new arrangements in a way that does not forget the important role the demand-responsive system will play for disabled people as well. It must be part of local authorities’ responsibilities to be mindful of how that happens. That may involve vehicle standards or other provisions, but demand-responsive buses and disability must go together in the context of a new world where such buses are simply a part of our public transport system.