Passenger Railway Services (Public Ownership) Bill

Debate between Lord Berkeley and Lord Snape

Committee stage
Monday 21st October 2024 Lords Chamber

[Lord Snape (Lab)]

My Lords, I honestly believe that the amendment so ably moved by the noble Baroness opposite is extremely sensible. Like her, I can see no reason why we have a chronological system for dispatching the current franchisees based on the run-out date of their particular franchise.

Like the noble Lord, Lord Grayling, I am in favour of a mixed economy. There are certain aspects of privatisation, heresy though it might sound to some of my colleagues, that were successful. The fact that some of the railway system—rail freight, for example, which rarely gets a mention in these debates—remains in the private sector is indicative of the success of those who took what was, under British Rail, a very much declining sector of the railway industry. I do not wish to do an “all our yesterdays” speech, but my recollection of the freight sector in those days is ancient wagons clanking around the system, being shunted from one marshalling yard to the next, and with an average journey speed between loading and destination of around 12 miles an hour. Since privatisation, the rail freight side has improved greatly.

To return to the very valid point made by the noble Baroness, Greater Anglia is not just a success so far as its operations are concerned; it is a financial success as well. Because of this unfortunate coincidence of the run-out date of franchises, Greater Anglia is forecast to repay to His Majesty’s Treasury around £100 million in the current financial year. As my noble friend Lord Liddle said, presumably—unless my noble friend the Minister can reassure us otherwise— we are going to dispatch Greater Anglia to the railway knacker’s yard while pursuing with Avanti Trains, as he and the noble Baroness said, a franchise operator that, quite frankly, should not be there.

The previous Government, in the run-up to the election, were stupid enough—or ideological enough, perhaps—to give Avanti an extra nine-year franchise, on the grounds that it was showing some improvement. Those of us who travelled on Avanti regularly—thankfully, it is an experience that is now behind me since I moved home—could not find any improvement whatever. Indeed, it seemed to me that the service was deteriorating on an annual basis.

Again, it might be heretical for some of my colleagues to hear this, but aspects of the passenger railway that were privatised were successful. At Second Reading, I mentioned Chiltern Railways. Thanks to the financial constraints that British Rail had to operate under as a nationalised industry, Marylebone station was proposed to be a coach station by Sir Alfred Sherman, if I remember rightly, Mrs Thatcher’s transport guru at the time. The existing railway management, again through no fault of their own but because of financial constraints, had to run the service from Marylebone down, single much of the line and reduce the overall train service. Under the able leadership of the late Adrian Shooter, and with a long-term franchise of 20 years, with various break-off points, my noble friend Lord Prescott and the then chief executive of the Strategic Rail Authority came up with this 20-year franchise, but insisted that not only had the service to be improved but some of the infrastructure had to be restored. Under Chiltern Railways, lines that had become single were redoubled, and a pretty poor commuter rail service now has two trains an hour as far as Birmingham—with a price, incidentally, as my noble friend Lord Liddle might be interested to know, which considerably undercuts the fare of Avanti trains.

There are aspects of the future of the railway industry where a mixed economy would make some sense. I hope that, in those circumstances, my noble friend the Minister will look with some degree of favour on the noble Baroness’s amendment.

[Lord Berkeley (Lab)]

My Lords, the noble Baroness makes some very good points. The Greater Anglia service is awfully good: my two noble friends who have spoken about it have confirmed that, and I have been on it recently myself. However, following the intervention of the noble Lord, Lord Grayling, could somebody from the Conservative Party—maybe the noble Lord, or one of his predecessors or successors—explain the basis on which it chose Avanti and CrossCountry, which are two of the worst performing operators, to be given such very long contracts? I remember at the time there was a big debate between Virgin and Avanti as to which should get the contract. Whatever one thinks about Virgin, it has had some good services in the past, but Avanti is absolutely awful—as is CrossCountry, though for different reasons. Why did the then Government do it?

It is fine to say that we have given it to a private sector operator, but if we end up in a situation where the Government are effectively going to make similar awards to people—not companies, but people—we should know on what basis it is done. I hope my noble friend the Minister can explain what the criteria will be to make sure that we get some decent new franchises and how he is going to get rid of the two existing pretty bad ones as soon as possible.

Bus Services: Covid-19 Emergency Funding

Debate between Lord Berkeley and Lord Snape

Tuesday 1st March 2022 Lords Chamber

[Lord Berkeley]

To ask Her Majesty’s Government what plans they have, if any, to extend the COVID-19 emergency funding for local bus services beyond the end of March.

[Lord Snape (Lab)]

My Lords, on behalf of my noble friend Lord Berkeley, and at his request, I beg leave to ask the Question standing in his name on the Order Paper.

High Speed Rail (West Midlands-Crewe) Bill

Debate between Lord Berkeley and Lord Snape

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords & Committee: 2nd sitting : House of Lords & Committee: 2nd sitting
Thursday 12th November 2020 Grand Committee

[Lord Snape (Lab)]

My Lords, while I support everything that has just been said on this amendment, I do not want to repeat anything. There is a connectivity problem with HS2. If it were decided—wrongly, as has been amply outlined by my noble friend Lord Adonis—to truncate the eastern leg of HS2 somewhere in the east Midlands and, presumably, electrify the existing line so that HS2 trains will join the existing main line at some unspecified point in the east Midlands, there would be an immediate connectivity problem.

In the days when I worked for the railway, on the operating side, the regulation of trains was a fairly simple matter. Trains were broken down into various classifications: A, B, C, et cetera. Class A was an express passenger train, and signallers would normally give priority to such a train, regardless of circumstances —late running, bad weather, et cetera. Since privatisation, of course, things are somewhat different. It never ceases to amaze me sometimes, standing at Birmingham New Street station, to watch a late-running Pendolino train for London Euston being held in the station while a local train booked to leave behind it leaves on time and therefore in front of it, delaying the express passenger train even further. When I ask signallers and people responsible for operating the railway these days why these incidents take place, I am told, “Well, the lawyers will say that that was its booked path and if we delayed it further, there would, of necessity, be compensation payments”.

I raise that technical side for this reason, as far as this amendment is concerned: in Clause 34, “Objectives of Office of Rail and Road”, there are details about railway matters. If we are to have high-speed trains mixed in with existing passenger and freight trains, I just remind noble Lords on both sides that this will happen regardless of the completion of the Y-shaped layout planned for HS2. There will be another regulation problem thrown up by the addition of such trains to the existing traffic. Without going into any great detail, the Select Committee discussed the provision of an altered junction on a short stretch of the west coast main line that would have meant that high-speed trains, instead of joining the “down” fast line on their way to Crewe, actually joined the “down” slow line—again, as the result of the understandable desire to reduce expenditure—cutting over to the “down” fast line some small distance further north. That adds another complication so far as train regulation is concerned, on, as we have already discussed, an already crowded west coast main line. That situation, of course, would be repeated and worsened if the Y-shaped east Midlands leg of HS2 were truncated, as my noble friend Lord Adonis fears.

I have a question for the Minister, going back to Clause 34. I quote from the Explanatory Memorandum:

“The Railways Act 1993 imposes on the Office of Rail and Road (ORR) a duty to address certain objectives in the execution of its non-safety functions. These objectives do not currently contain any explicit requirement for the ORR to facilitate the construction of Phase 2a of High Speed 2. Subsection (1) adds such a requirement and thereby clarifies the ORR’s role for the benefit of the ORR and rail operators.”


My question to the Minister is, what role will the ORR have as far as connectivity and train regulation is concerned? I do not expect her to have the answer off the cuff, and I would be grateful if she would write to me. It is an appropriate matter, I hope she agrees, to raise in connection with this amendment and I hope we can find some way of answering this particular problem concerning the role of the ORR in future.

[Lord Berkeley (Lab)]

My Lords, I shall speak briefly in support of these two amendments. They are vital to getting the best out of HS2. Amendment 11 was moved by the noble Baroness, Lady Randerson, who mentioned 20 trains an hour in and out of Moor Street, and there is a great deal that needs to be done around Birmingham to improve local services there. She and other noble Lords mentioned the problem—or the not very good services—and the tracks that head from Birmingham eastwards towards Nottingham and Derby. I think there is quite a strong argument for either upgrading the existing lines or at least building HS2 section 2b there.

I have more of a problem with making decisions now about what should happen to HS2 between Derby and Nottingham towards Leeds and Sheffield. There are various ways of doing it, such as just upgrading the existing routes or improving the east coast main line, which I know my noble friend Lord Adonis is greatly against, as he said on Monday. However, all these things need to be looked at because when we were doing some of the consultation, such as it was, for the Oakervee report, it was quite clear that the demand for services in the Midlands and the north was primarily for shorter distance and to a large extent east-west, and therefore getting across the Pennines somehow is very important. Whether it is HS2, Network Rail or Transport for the North does not really matter as long as there are services there and further south from Birmingham to the Derby area. The key is to have frequent, reliable services going faster, but whether they need to be separate or together with HS2 is something I think the Minister is looking at in her study.

For me, HS2 is, as my noble friend Lord Adonis said, not a network but a line which starts in London, splits in two and goes to Manchester, and perhaps a little further north to connect with the west coast main line, and to Sheffield and Leeds. The network is there to connect with much improved local services, and therefore the amendment tabled by the noble Baroness, Lady Randerson, is very important. It needs to link with, I hope, improved local services.

I also support the amendment tabled by my noble friend Lord Rosser to some extent. It is very important, but we are almost going back to the discussion we had about the Transport and Works Act and hybrid Bills and whether local authorities in the present set up have enough resources and are given enough time in Committee to make their arguments. That is something that I am sure we will continue to discuss over the next few weeks.

--- Later in debate ---

[Lord Snape (Lab)]

My Lords, I agree wholeheartedly with the noble Lord, Lord Haselhurst. As members of the committee, we heard some familiar feelings from many of the petitioners. During my time in Westminster, I have served on committees on four hybrid Bills. Without exception, people affected by works of this kind go through various stages of concern, fear and outrage that their property could be taken, altered or knocked down. It is an inevitable consequence of projects of this size. However, like the noble Lord, Lord Haselhurst, I thought that those who appeared in front of the committee were treated pretty well by HS2 and its representatives. Like him, I saw many of them withdraw those petitions before it was necessary for us to come to a decision.

On all the hybrid Bills that I have served, without exception and across party, Members of both Houses have been aware of the sense of loss that people go through when their property is affected. We buy houses, too; we cherish our own homes and feel terribly strongly when projects such as this affect us.

Dealing with large organisations is never easy; I speak with some feeling here. I spent last night and the best part of about two hours this morning trying to get some sense out of Virgin Media, so I know how people feel and how irritated they become at saying the same thing to different people in the same organisation, but, by and large, it seemed to us on the committee—I think I speak for all of us who were on it—that HS2 did its best.

When Theo Clarke MP appeared before the committee on behalf of her constituents and others affected by this project, the chairman handled the matter in an exemplary way. The committee chairs on all the four hybrid Bills in which I have been involved have been pretty good, but the noble and learned Lord, Lord Hope, given his experience, was excellent in the way he handled both petitioners and HS2. Without knocking any heads together, and in his calm way, he got them to come to some sort of compromise. Therefore, like previous speakers, I do not see any need for this amendment. I just say to the Minister that if she can satisfy the noble Earl’s correspondent on every single one of those complaints, she will not be an Under-Secretary for very long.

[Lord Berkeley (Lab)]

My Lords, I have heard many noble Lords say that there is not a problem because the Select Committee, if it received complaints, dealt with them. I suspect that, if there was a problem and people got as far as petitioning about it, the committee would have made sure as best it could that it was solved, and that is very good.

However, I have also heard many examples of people not being paid, and some landowners who have found that HS2 was trespassing on their land, and maybe doing damage to it, not being paid for months or even years. That has been a common thing—and I suspect that both examples are equally valid. The real issue here is that, if there is no problem, the amendment does no harm to anybody. If there is a problem, it will encourage HS2 to behave, and pay for what it intends to occupy permanently or temporarily.

I suspect that the issue may have been something to do with the timing: the Select Committee sat for a certain time and the HS2 Bill has been around for several years. In the intervening period, what do people do if they suffer hardship? There is a lot of evidence, which I think that the Committee has heard before, that the budget that HS2 was given for land purchase by the department, and which the department was given by the Treasury, was woefully inadequate—probably about 50% of what was needed. That is probably one of the reasons, apart from having too much work to do, and maybe incompetence—I do not know—for late payments. HS2 and Ministers will have to do all in their powers to make sure that that it does not happen again for the next phase or two. There may be lessons to learn. In the meantime, I cannot see what is wrong with the amendment, which might incentivise HS2 and other businesses to behave in what is normally thought of as a normal business relationship.

--- Later in debate ---

[Lord Snape (Lab)]

My Lords, I have some sympathy with the amendment moved by my noble friend Lord Rosser. We had a considerable discussion at the Select Committee about this matter; we felt then, and I certainly feel now, that these are matters for the local highway authority rather than a Committee of the House or the Minister herself. If the representations made by the parish council to Shropshire Council as the highways authority are powerful enough, surely they will be acted on. If they are not acted on, obviously the remedy is in the hands of local people at the next council elections. Beyond listening with some degree of sympathy to the petitioners at the time, we felt that, and I certainly feel now, that these matters are best discussed and debated and agreed at local level, and that this is a matter for the local highway authority. From that point of view, I do not see why the Minister should accept an amendment that would delay construction until these discussions have concluded. Given the Covid epidemic, I presume that that will be the reason why things have not progressed as quickly as we might have hoped. Still, I repeat, these matters are best debated and agreed at local level rather than in Parliament.

[Lord Berkeley (Lab)]

My Lords, there is a lot of merit in this amendment. As my noble friend Lord Snape says, it should not be necessary because local authorities should be required to deal with HS2, but clearly, in some cases, this does not happen. There is a similarity between what my noble friend Lord Rosser is trying to achieve with this amendment and what we will probably be discussing under Schedule 23 stand part. That is that, before any work starts, there should be a condition survey of the road and the traffic so that one can see what changes, if any, have been brought about by the construction and then, as necessary, deal with it. It is easy to say that local authorities should deal with it, but there needs to be a fallback that, if that does not work, the Minister’s door is always open so that he can deal with it and, if he thinks it is a reasonable request, he can instruct or advise HS2 to do a little more local engagement and respond to what may be justifiable complaints or concerns from the local authorities or residents.

--- Later in debate ---

[Lord Berkeley (Lab)]

My Lords, the Committee will be very much indebted to the noble Earl, Lord Lytton, for that very full, comprehensive and interesting introduction to the party wall legislation as it applies to HS2. I have been involved in party wall disputes, but on a domestic basis. I assure the Committee that, even at a domestic level, people get very upset about it. It is really important that fairness and transparency is identified all the way along: the result may not be everything that all parties want, but there is definitely a feeling that a fair hearing has been had, that those who caused the problem are having to pay for it and those who suffer are given reasonable but not undue benefits.

I read the article in the Property Journal and I recommend it to all noble Lords, because it is a simple introduction to what I think the Committee must believe is quite a complicated subject. My purpose in speaking now is to try to ensure that a reasonable and fair solution is found to this, because we run the risk, I am told, that if it is not sorted out, there could be some class actions around for people who live adjacent to or above bits of HS2. The example I will quote comes from phase 1, but it is not surprising, because many party wall issues will not appear until the construction is getting close to starting. The text in the legislation is the same in both Bills, so I can give an example to explain what the problem is from my point of view.

I was alerted to this legislation by an eminent engineer, Sam Price, who petitioned against the phase 1 Bill about the approach to Euston, and I helped him a bit with other things, as some noble Lords may remember. One example was a house on the west side of the approach as trains come into Euston, a road called Park Village East. There is a very high brick retaining wall which has stood there for many years, but HS2’s current scheme—I appreciate that it is one of two current schemes—was to excavate down from the footing of that wall, about 10 metres down, and create something that, in cross-section, looked a bit like a birdcage, but of course it was very much bigger than that, with lots of concrete walls, diaphragm walls, concrete structures and everything. There is a fear that this high brick wall, which basically supports the road and the Queen Anne houses behind it, probably does not have any foundations, because it has been there so long.

The owner of one of the houses discovered that HS2 was planning to support this wall, before it started the excavation, by drilling horizontal soil anchors underneath the house, from the wall towards the back of the house, over the length of about 10 houses, and they are big houses. These holes, which might have been two levels of holes at about 1 metre centres, were designed to hold the house up and stop it settling. We can have views about whether that would be suitable, but that does not really matter. My friend Sam Price asked where under the party wall Act is the obligation for the residents of those houses to be given notice that HS2 wishes to do this work. The answer is that they have not been given notice. They hear about the work on the gossip, but not much else.

We looked at this a bit more with the noble Earl, Lord Lytton, who is a real expert, as I am sure the Committee has understood. It seems that the legislation in the HS2 Act has been developed from the Crossrail legislation—of course, much of Crossrail was underground —which itself was developed from the party wall legislation that the noble Earl, Lord Lytton, mentioned. From a quick reading of some of the issues that went on with Crossrail, it appears that there was a major problem near Hanover Square with party wall legislation. I suspect that has something to do with the two or three-year delay to Crossrail and Bond Street station because that has not been resolved. I may be wrong, but I have a feeling that that is it. The problem is that this legislation on HS2 removes the obligation of an adjacent developer to serve advance notice on an owner whose property might be affected and removes the need for a joint condition survey undertaken by a professional surveyor. That is the first nub of it.

The noble Earl, Lord Lytton, commented that when it comes to being the final arbiter engineers are splendid people, but—. I speak as an engineer, and I think he is absolutely right. Engineers are very good at engineering but they are not surveyors and they are not party wall surveyors. That is an error in the Bill, because the final arbiter should be from the RICS, as in the 1996 legislation. I do not know whether the drafters consulted the RICS but I doubt it.

As it stands, this legislation is very unfair on residents. They will have no alternative but to go down the legal route. They should not be trying to stop HS2, and I do not think they will, but they deserve to be treated fairly. I am afraid I compare it to this. If we think about phase 1—just the section between Euston and Old Oak Common, although there are many other tunnel sections near Birmingham in phase 1 and further up the line—under this legislation the only remedy these people have is a class action, if they can afford it, against HS2. That will be a horrible delay. I am not trying to delay it, but I am trying to get fairness. I refer to our debates over the past few years on the postmasters scandal, which ended up as a class action. It was finally decided that the Post Office had acted illegally and £60 million was awarded against the Post Office, but the lawyers took £58 million of it so the poor old postmasters got nothing. We really do not want that.

The noble Earl, Lord Lytton, has described the problems very well. I have met some of the experts he has read and I commend them. They are really looking for a solution to this that will not delay the project but will stop people trying to go to court because they feel badly treated. I think there is a solution, but I echo noble Lords’ requests for an urgent meeting with the Minister and whoever so that we can take this forward.

[Lord Snape (Lab)]

My Lords, my noble friend Lord Berkeley persuaded me to add my name to this amendment. Having listened to the debate so far, I do not owe him any favours. I suppose that we should congratulate the noble Earl, Lord Lytton, on his comprehensive knowledge of these matters. He mentioned the Crossrail Bill, which I served on. Fortunately, we did not get involved in the realms of the Party Wall etc. Act at the time, which is perhaps surprising. It also enabled my noble friend Lord Berkeley to return to another of the many other bees in his bonnet, which is the early part of HS1 between Old Oak Common and Euston. I do not think that that has taken the Committee any further forward as far as the debate is concerned.

I have two questions for the Minister. First, why was this particular schedule added to the Bill, bearing in mind the rural nature of the line that we are supposedly discussing, phase 2a of HS2? I repeat that no mention was made of any party wall difficulties during the passage of the Bill through the Select Committee. Perhaps the noble Earl can tell us how many properties he thinks will be affected by Schedule 23 if it is included in the Bill. However, it seems to me that we could be discussing the vagaries of the property world for some considerable time without taking forward the Bill that we should be discussing, which covers phase 2a of HS2.

Pension Schemes Bill [HL]

Debate between Lord Berkeley and Lord Snape

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Tuesday 30th June 2020 Lords Chamber

[Lord Berkeley (Lab) [V]]

My Lords, I too congratulate the noble Baroness, Lady Bowles, on bringing forward this amendment. It is vitally important that the many contributors to these open schemes have comfort that these schemes will continue and will provide them with a reasonable level of benefit when they retire. I am grateful to the Railways Pension Scheme for a very useful briefing, which other noble Lords have seen. I myself am not a member of that pension scheme, but I have a large number of friends who are among its 350,000 members. I think it is relevant that 100,000 of them are still active, and that number will probably continue. That will happen, as the noble Baroness said, in the schemes for local authorities, nuclear decommissioning and many other sectors.

The real point is that many of the people contributing to these funds are comparatively low paid. Perhaps the Minister when she comes to respond can explain why the Government think it is a good idea to allow the schemes to require a greater contribution from the members and from the employers for no particular benefit. It seems absolutely clear that open and closed schemes must be treated separately. In ending, I ask the Minister to explain to me and other noble Lords why Ministers are not going along with this amendment. It seems so simple and well thought through, and I will certainly support it if the noble Baroness decides to divide the House.

[Lord Snape (Lab) [V]]

My Lords, I will confine my remarks to the impact of this amendment on the Railways Pension Scheme, and I join other noble Lords who expressed support for the amendment. As a former railwayman I was a member of the RPS in my younger days, although I was sensible enough—if that is the right term—to transfer to the parliamentary pension scheme when I was elected to the other place many years ago. However, I remain in contact with many of my former colleagues within the railway industry, and certainly they and the trustees of the Railways Pension Scheme have expressed their concern about the impact of this legislation on their future policy.

I remind the Minister that the RPS is a final salary defined benefit scheme that replaced the British Rail Pension Scheme after privatisation in 1993. Successive Ministers since then—among them those as distinguished as the noble Lord, Lord Young of Cookham—have assured the Railways Pension Scheme that matters will continue pretty much as before, and phrases such as “mirror image” and “the continuation of the present scheme” have been used. To find ourselves in the position that we will be in if this amendment is rejected is, to say the least, something of a surprise.

I have to tell noble Lords that the future of the Railways Pension Scheme is of massive concern among the railway unions, one of which, the National Union of Rail, Maritime and Transport Workers—I used to be a member of its predecessor, the National Union of Railwaymen—has already balloted or threatened to ballot its members about the future of the scheme. The acceptance of this amendment would go some way to ease the fears that many members of the scheme feel about the future.

However, the trustees of the RPS themselves have expressed concern about the future. Without this amendment being written into the Bill, they feel that the regulations which will follow will force trustees to take short-term investment decisions rather than the long-term and ethical decisions that the RPS takes at the present time. Indeed, one of them passed a comment to me that “We will be forced in the end to buy nothing else but government gilts”—which is probably not an investment path that most advisers would recommend in the current circumstances.

To ensure that the RPS is traditionally able to make long-term and ethical investments, I make this plea to the Minister to write this amendment into the Bill. It may well be that the noble Earl, Lord Howe, says to us, “We hear what you say. We are conscious that there is concern; we will look at this. Of course, many of your fears are groundless, and Ministers will bear all these fears in mind”. However, over the years that I have been a Member of the other place and your Lordships’ House, Ministers have come and gone. The other day I counted that 27 Ministers for Transport have been around in my time in one House or the other. Ministerial pledges are all very well, but times change—not quite as often as Ministers.

Publicly Funded Infrastructure Projects

Debate between Lord Berkeley and Lord Snape

Tuesday 2nd July 2019 Grand Committee

[Lord Berkeley]

Which great project?

[Lord Snape]

I am referring to the Channel Tunnel.

[Lord Berkeley]

I never said it should be cancelled.

[Lord Snape]

No, I just said that my noble friend did not say it should be cancelled, despite the massive cost overrun—about which I do not remember him complaining at the time, although I might be wrong. Because of the nature of the way that we do business in this country, most of these projects overrun.

The noble Baroness, Lady Randerson, touched on that point during her refreshing and accurate contribution. The fact is that these projects overrun, not just in this country. We have a habit of flogging ourselves and thinking that only we can get things wrong but these great infrastructure projects overrun all over the world. Fly to Berlin and try to land at Brandenburg Airport; building commenced in 2006 and the latest opening date is 2020, although even that is not particularly certain, and it is eight times over budget, yet we are born and brought up on the myth of German efficiency. I do not know whether the German equivalent of the noble Lord, Lord Framlingham, is wandering around Berlin shaking his head sadly at the overrun of that project, although I am sure that there are similar gloomy outlooks.

I am not surprised at the noble Lord being a member of a committee set up by the Taxpayers’ Alliance to look into this project, but I am a bit surprised at my noble friend. I have to say to him that I have never been a fan of the Taxpayers’ Alliance. Right-wing self-appointed guardians of the public purse do not normally attract members of the Labour Party so I am a bit concerned and surprised that my noble friend should have agreed, particularly as the organisation produced a brochure about a better way to spend the billions. The picture on the front is of a motorway junction, so there is a bit of a clue to where the Taxpayers’ Alliance would like money to be spent.

I do not think that the doom and gloom that we are seeing about this project is sustainable long-term. In my view it is a great project that should continue and be implemented and opened as quickly as possible. One thing that I never hear from its critics is any alternative, although I hear ethereal stuff about spending the money on “something else”. Let us look at the west coast main line, the area of railway that will get most relief from the completion of HS2. I picked a random hour of arrivals and departures at Euston station. Excluding the Underground, there were 42 trains in and out of Euston station between 10 and 11 am this morning. Three of them went to Birmingham, one through to Scotland, one direct to Glasgow and three to Manchester.

Where will these trains go? These days, it is impossible to modernise a railway system and run trains at the same time. It did not used to be. In my younger days—I confess that I remember the first electrification of the west coast main line—much of the work was done between trains, although there were lots of alternative routes. The Manchester trains went over to Great Central. The brains that run this country decided to close that line, so the trains went on the Midland main line, now closed between Matlock and further north. There are no alternative routes. The Liverpool trains went on the Great Western from Paddington to Birkenhead. That does not exist any more; indeed, part of it is a tramway through my former constituency.

There is no alternative to HS2, and I hope that the gloom mongers, sincere though some of them may be, will have their arguments refuted and that this great project gets the go-ahead.

Heritage Rail: Young People

Debate between Lord Berkeley and Lord Snape

Wednesday 5th June 2019 Lords Chamber

[Lord Snape (Lab)]

My Lords, it is a pleasure to follow my noble friend Lord Grocott. Like him, I congratulate my noble friend Lord Faulkner on securing this debate and on the work he has done in this field over the years. I also take this opportunity to welcome the right reverend Prelate the Bishop of Leeds. All too often, these debates are fairly exclusive; I find we are apt to be known as the verbal gricers of the railway industry. Bishops and railways go together quite well, of course. Bishop Eric Treacy was a well-known figure during my time in the railway industry. There was only one line of the right reverend Prelate’s speech with which I might disagree at some future stage. He said that young people do not need protection under the 1920 Act. Of course, he is right as far as the railway industry is concerned, but if this House ever gets around to debating the fast-food industry, I might take issue with him on that point. However, I commend his speech and his contribution today.

Looking back at the history of the railways, particularly in the context of this debate, it is a sobering thought that the youngest former cleaner who embarked on his first shift on a locomotive and left the depot on the British Rail standard gauge would now be approaching 70 years of age—an ominous warning to all of us of the passage of time. However, the attraction of the railway industry, particularly the heritage railways and steam locomotives, is one that includes all generations.

The “Flying Scotsman” locomotive is currently on tour. There has been some adverse publicity about the thousands of people who have gone to see it, some of whom got a bit closer to the lineside than they should have done because of the attraction of this particular locomotive. I visited the East Lancashire Railway with my grandson towards the end of last year, when the “Flying Scotsman” was there. My grandson is now 15 and if he remembers his grandfather for anything, I hope it is for getting him on the footplate of the “Flying Scotsman” on the East Lancashire Railway.

As my noble friend Lord Grocott said, people do not volunteer for just the locomotive department. There are various other jobs in the railway industry and he reminded us of some of them. On the mainline railway, there are still many hundreds of signal boxes. Of course, the intention is to concentrate mainline signalling on 10 or 12 regional operating centres in the years to come, but there are still lots of manual signal boxes on the mainline railway. Certainly as far as the heritage railways are concerned, operating those signal boxes will continue for many years to come.

The debate is first and foremost about attracting young people to the railway industry, and not just because of steam locomotives, as I have indicated; there are lots of other valuable jobs that they can do and to which they can contribute. Like previous speakers, I will for a moment be somewhat parochial. Towards the end of last year, I visited the Tyseley Locomotive Works just outside Birmingham. I talked there to some of the people who operate the works and the locomotive department. Subsequently its chairman, Mr Michael Whitehouse, contacted me about attracting young people to what is a working locomotive maintenance and operational depot—possibly one of the few left, certainly alongside British Rail. I quote from his letter:

“We already run an apprentice scheme for three students in conjunction with Bournville and South Birmingham colleges. We intend to introduce further training schemes and are already in dialogue with the Office of Rail and Road to establish a training scheme for railway operational staff”.


He says that they are anxious,

“to expand and upgrade our facilities to meet the significantly increasing demand for repairing heritage steam locomotives”.

I hope the Minister will be able to convince his colleagues in the Department for Transport of the need for a ministerial visit to the Tyseley works so that they can see their operational nature, and that any application made to the ERDF, for example, is sympathetically supported by the Minister’s department as well as the DfT.

I would like to draw your Lordships’ attention to another aspect of heritage railways—the need for connectivity between the heritage railway and the main line. If we are to attract young people and to train perhaps young would-be managers in the mainline system, they would certainly find that connectivity between the heritage railway and the main line attractive. It would be enormously useful.

Network Rail has lots of problems, some of which come in for considerable criticism in your Lordships’ House, as well as in the other place. Without adding to its burden, we should point out that occasionally Network Rail shows itself to be both expensive and uninterested in its connection with the heritage railway system. I will give your Lordships an example. Recently, the Swanage Railway was not a consultee on proposed changes involving its main line connection near Wareham, even though this was re-signalled to rejoin the railway with a grant from Dorset County Council. Network Rail is something of a Goliath as far as the heritage railway sector is concerned, but the voluntary sector faces heavy expenditure for track and signalling alterations. I wonder whether the Minister could take back the message that it would certainly be extremely helpful if heritage railways were made a statutory consultee where this sort of work, which might well affect their own operations, is concerned. At the moment, it is very much a matter of whether Network Rail consults them. In the case of Swanage Railway, it did not.

I referred to the fact that there are many jobs that young people could do in the sector, as did my noble friend Lord Grocott. We have heard about the plea and desire to look again at the regulations and the 1920 Act. Of course, it is all very well for the Office of Rail and Road to say that it does not anticipate taking any action under this statute—I welcome that news—but if a young person is injured I am not sure whether the legal profession would take the same laid-back view of its responsibilities. It would be useful if the legislation was withdrawn.

Referring to some of the other work that takes place in the railway industry, I have mentioned signal boxes previously and bored your Lordships with stories of my own involvement. I will try not to do so again on this occasion.

[Lord Berkeley]

Oh, go on!

[Lord Snape]

Well, all right, just this once I will be led astray.

One of the signal boxes in which I used to work, just outside Stockport, is still there—I will not go into the details of why, but it still operates as a mainline signal box. When it was necessary to modernise it, yet still retain the lever frame installed by the London and North Western Railway in 1888, locking fitters had to be brought in from India to do the work because we have largely lost these skills. If we could retain those skills through the heritage railway sector, that would be invaluable. This is probably an apocryphal story—fake news, as a distinguished visitor to our country might say—but I am told that after six months of modernising the signal boxes in my home town of Stockport, they were delighted to get back to India.

Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019

Debate between Lord Berkeley and Lord Snape

Thursday 21st March 2019 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I am grateful to the Minister for bringing these regulations to the attention of the House. We have only got a week to go, and if we do not pass them today there may not be any trains running after 29 March—so well done the Department for Transport for leaving it to the last minute.

I have a couple of questions on both SIs. On the licensing of railway undertakings regulations—this is not clear to me and maybe this is not part of these regulations—I was talking to a train operator, from a UK company which has a licence in this country and also operates railway services in other member states, who explained that the company was having trouble in finding out whether its UK licence, in other words its licence to operate in the UK, would be valid in other member states after Brexit. Such companies try hard, often in competition with other incumbents, and it is a strain on their business and management set-ups if they still do not know whether they will be able to operate, either under a new franchise or in continuation of an existing one, after next week. I note that in paragraph 7.3 of the Explanatory Memorandum, as the Minister said in her introduction, there is a two-year window for these licences to continue. However, I am not sure whether that occurs in the other direction, and I would be grateful if she could respond to that.

I have two issues on the train driving licences and certificates regulations. Will UK drivers operating in France, the Channel Tunnel or other member states need to take driving tests in France and, if so, when? Is there a two-year window or when will it happen? This concerns not only Eurostar because in the future there might be other companies operating services through the tunnel, as well as rail freight. I declare an interest as having been chairman of the Rail Freight Group. These regulations add a great deal of bureaucracy, and I would be glad to hear what arrangements will be required for drivers with licences from other member states to come here. Is there a two-year window there?

My second comment relates to paragraph 7.8 of the Explanatory Memorandum. This SI removes the duty to inform the Commission on licences and safety matters and, presumably, vice versa. The statement that we do not need to tell the Commission anymore and it does not need to tell us is putting our head in the sand about anything to do with railway safety. Railways are rule-based operations and the more common rules we have the easier it goes. The transfer of information on safety, accidents, driver qualifications and so on, in the widest possible sense, is surely good for the safe operation of our railways. The text of paragraph 7.8 and elsewhere is drafted in a very negative way. Even if there is not a requirement—I think there should be—to exchange data, I hope the Minister will say that the ORR and the European Railway Agency should be encouraged to exchange data and participate in putting it together in common, European co-ordinated, long-term information about the safety performance of railways over the years. I look forward to the Minister’s response.

[Lord Snape (Lab)]

My Lords, the House will be grateful to my noble friend for tabling this Motion to Regret—

Haulage Permits and Trailer Registration Bill [HL]

Debate between Lord Berkeley and Lord Snape

Committee: 1st sitting (Hansard): House of Lords
Tuesday 13th March 2018 Grand Committee

[Lord Snape (Lab)]

My Lords, I support the noble Lord and the noble Baroness in their amendment. Noble Lords will have to forgive me if I sound even less coherent than usual today. I am suffering from what everybody else would call a cold, but, being a man, I believe it is something far more serious. Nevertheless, I am still here.

I would have thought, as my noble friend implied, that the Government would be in favour of the proposed new clause. As the noble Baroness said, this is rather last-minute legislation. In a way, it is understandable, because we still do not know how far negotiations have gone where these matters are concerned. I promised myself not to make a Second Reading speech and will not, but I found it surprising during the Brexit discussion to find so many road hauliers in favour of Brexit because they were not happy with the status quo as it then was. Now, of course, they are a lot less happy at the prospect of a status quo no longer existing. The main concern, at least of those whom I spoke to, was about cabotage; there is little mention—in fact, I do not think there is any—of cabotage in the Bill, and it would be interesting to hear from the Minister whether any discussions which have taken place with the rest of the EU have concentrated on this aspect of the road haulage industry.

My noble friend and the noble Baroness mentioned the number of lorry movements from the United Kingdom to the rest of the EU; there are a hell of a lot coming the other way—I understand about three times as many. We have expressed concern about the likelihood of Kent being a lorry park if no arrangements are made in light of this amendment, but if three times as many lorries are coming into the United Kingdom as leaving, it would be possible to imagine northern France also becoming a lorry park. That is not to say that I share the optimism of those who say that there will be an agreement because these matters cause even more dislocation to our European partners than they do the United Kingdom. Again, it is difficult to tease from the Government where exactly we are in the negotiations. We await the Minister’s response to this amendment. My view is that it might be something that the Government are happy to support. If she says that, at least we will have started the Committee off on a happy note, even if it is not repeated—although I hope it will be—during our deliberations. I support my noble friend and the noble Baroness and hope that the Minister can give a sympathetic response.

[Lord Berkeley (Lab)]

My Lords, I, too, support all the amendments in the group, and am grateful for the kind words said about me by my noble friend Lord Bassam of Brighton and our debate last night.

The noble Baroness may be right that there are many things wrong with this Bill, but it is a great deal better than nothing. It affects only drivers’ permits and trailers. Last night in the discussion on Amendment 104, we discussed many other issues relating to cross-channel and cross-frontier freight and all the customs issues that went with them. As I think I said last night, it would be good if we had had a separate Bill for that so that we might have gone into the detail, but here we are. We had a very good Second Reading debate. My worry, which is contained in Amendment 7 in my name, is that when we discussed at Second Reading Clause 2, which is to do with the number and allocation of permits, it seemed to become quite confusing. One noble Lord—I cannot remember who—warned against the “random selection” in Clause 2(2) because it was greatly open to abuse. Perhaps that should be removed.

High Speed Rail (London-West Midlands) Bill

Debate between Lord Berkeley and Lord Snape

Committee: 1st sitting (Hansard): House of Lords & Committee: 1st sitting: House of Lords & Report stage: House of Lords
Tuesday 10th January 2017 Grand Committee

[Lord Berkeley (Lab)]

My Lords, my Amendment 9 is grouped, although I am not sure it is closely connected to what the two previous speakers have been discussing. It would delete one of the amendments that the Select Committee proposed in its report. Let me make it quite clear: I do not criticise the Select Committee on this issue; I am sure its amendments are just what is needed. I ask the Minister, however: is it not a bit unusual for a Select Committee’s amendments to be incorporated in a Bill without debate? I had assumed that they might have been tabled for debate today, and we could have debated and no doubt approved them, but it was surprising that a new issue of the Bill was published in the past week as a result of the amendments being included. This may not be a question for the Minister—it may be a question for the Chairman of Committees or someone else—but it is something that we should debate. Perhaps it will be different next time, if there are to be more committees such as this.

While I am on my feet, the Minister kindly briefed us on progress just before we broke up for Christmas. One question that many asked him was: were the Government going to respond to the excellent report from the Select Committee? It would have been nice to have their response before Committee today. We have not had it, but can he assure me that we will receive it in good time for Report?

[Lord Snape (Lab)]

I support the amendments tabled by the noble Baroness, Lady Randerson, and her colleagues. There are few benefits in old age but I am told that one is that one’s long-term memory improves, sometimes at the cost of one’s short-term memory. I suspect that I am the only Member present here today who served on the original Channel Tunnel Bill, and I well remember the promises made at the time about the connection between HS1and HS2. Even back in those days, there was lots of criticism about the apparent devotion to expenditure on railway and transport in the south of England at the expense of the rest of the country. Assurances were given at that time that there would be genuine benefits from the Channel Tunnel and the associated high-speed lines that would spin off to both the Midlands and the north.

--- Later in debate ---

[Lord Berkeley]

My noble friend did not mention the chord that received permission under the HS1 Bill, built between the London end of High Speed 1 and the North London line. It is there, with tracks and electrification. It has no signals, so it would need a couple of those. We could run trains on the west coast main line from HS1 to Birmingham tomorrow. I do not know how much it cost, but it was a lot as it is quite a complicated piece of construction. It was built as a result of lobbying from the north-west in particular, led by a man called Ken Medlock, who is still alive aged 102 and still very interested. The problem is someone needs to run trains on it.

[Lord Snape]

I bow to my noble friend’s expertise on the geography of this stretch of railway line. I was aware that it was a single track; there was much mocking at the time because it was and it led to the North London line, with the consequential speed restrictions and additional traffic. There was concern that this was not an adequate link, but it is a link nevertheless. I am not blaming the Minister for having the line built—I might blame him for various other decisions he has taken—but perhaps he could tell us whether it is feasible to add signals to this line and give us some connection. Surely the Midlands, the north-west and north-east of England, and perhaps Scotland, deserve better for their taxes than to be told when they arrive in Euston, “Put your bags under your arm and catch the Northern line if you wish to proceed further towards Europe by train”. Surely the Minister and the country can do better than that.

Bus Services Bill [HL]

Debate between Lord Berkeley and Lord Snape

3rd reading (Hansard): House of Lords
Wednesday 23rd November 2016 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I do support this amendment; my noble friend has set out the need for this confidential safety reporting very clearly. I do not accept the comment from the noble Earl, Lord Attlee, that rail and air accidents are complex and therefore need confidential safety reporting but that road is quite simple—you have an accident and it is quite clear who caused it.

There is also a marine confidential reporting system, which noble Lords may know about. You could argue that you hit something or you hit another ship and it is clear what the cause was, but I think that it is a slightly simplistic argument. We are talking about a confidential reporting system that may include something that is wrong with the equipment—whether ship or aeroplane—that a person is operating. There may be something he or she feels that their employer should have done something about and has not. One likes to think that, with confidential reporting, that could be put right without employees’ putting their jobs at risk. That does not always happen but in other sectors such a provision is an incentive to report issues. I think the systems are exactly the same as between air, road, rail and marine. As my noble friend said, it is interesting to note that confidential reporting has worked well with the railways. Indeed, she has changed the amendment to reflect the situation that operates on the railways.

A few years ago, both the noble Lord, Lord Bradshaw, and I tried to get the Office of Rail and Road, as it is now called, to take responsibility for road safety on the trunk road network and the motorways in the same way as it does for the rail network. We argued that the conditions on the respective networks were much the same. That office had the expertise not just to say, when investigating an accident, that things could be done better, but to go into all the information, statistics and safety rules and bring in one consistent policy, at least for road and rail. I argue that air and marine are slightly different areas but road and rail are very similar land surface forms of transport.

I consider that the confidential reporting mechanism gives comfort to drivers and other staff employed on buses. They are mostly operated by one person, the driver, so we are talking about just drivers. I think that it would also give comfort to passengers. It is evident that most London bus services are extremely good. However, I think that other bus operators sometimes put their drivers under pressure to bend the rules, whether on drivers’ hours, speeding or not looking after their passengers properly. If confidential reporting were in place, people would have the ability to make complaints if they wished to do so. It would also give operators an incentive not to abuse the system and to improve the quality of journeys generally, which is what this whole Bill is about.

My noble friend said that bus operators in London have introduced confidential reporting. That is wonderful but there is no reason why London bus passengers or employees should be treated any differently from those in the rest of the country. Another reason for introducing this Bill is to bring the quality of services in other parts of the country in line with that of the service in London.

This is a good amendment which we have discussed several times at various stages. Frankly, if the Minister rejects it now, I would have to ask him whether the Government consider that bus accidents, bad driving by bus drivers or bad quality of bus services—buses are a form of public transport, as are rail, ferries or air transport—and the necessity of having good-quality, safe bus services are less important for buses than for other forms of transport, perhaps because not so many Members of your Lordships’ House travel by bus as by other forms of transport. I hope that is not the case. However, if the amendment were rejected, that would be my perception. As I say, this is a good amendment and I support it.

[Lord Snape]

My Lords, having heard the exchanges on both sides, I wish to raise a couple of points with the noble Baroness who moved this amendment. The noble Earl, Lord Attlee, made a relevant point when he talked about the difference between accidents involving buses and those involving trains and aeroplanes. The Croydon tragedy has just been mentioned. All I will say about that is that three separate inquiries into that tragedy are taking place at present. If a similar number of passengers had been killed by a bus overturning on a bend, there would not be three separate inquiries but an inquest into the deaths. That might go some way to underline my noble friend Lord Berkeley’s point but it also supports the point made by the noble Earl, Lord Attlee, that we have different procedures. Just because we have different procedures does not mean that we are any less concerned about bus safety.

Bus Services Bill [HL]

Debate between Lord Berkeley and Lord Snape

Wednesday 20th July 2016 Lords Chamber

[Lord Snape]

Of course there is not a bottomless pit of public money. It is for the Government to decide the priorities for government expenditure, and I urge the noble Baroness who spoke just before me to press the Government to see the realities of life in rural areas before they take the axe to local government funding any further. I am pleased that the noble Earl, Lord Attlee, agrees with me, although I am not sure whether that will do anything for either of our careers.

[Lord Berkeley]

My Lords, it is difficult to agree with everyone on this point. In response to my noble friend Lord Snape, nobody is going to run a community bus service if a bus service is already running. Presumably that service would be making a profit under his definition, so in theory there would not be a need for another one.

Turning to the amendment, the community bus route is based on the community interest company model, which I imagine was introduced by the Labour Government 10 or 15 years ago, although I cannot remember exactly when. I found one CIC on the internet called the Dales and Bowland Community Interest Company, which runs bus services in the Dales. The point is that it is not designed to make a profit—in fact, it is not allowed to make a profit unless it reinvests it. Unless something like that operated, it is pretty clear that there would be no bus service, so I suspect that, for areas which do not have bus services at the moment or which are thought to be unsuitable for such services, this kind of model makes a really good contribution.

One benefit of the CIC model is that it is very easy to set up—I am involved in one at the moment, although not in connection with buses—and it is easier to get funding for a CIC than it sometimes is for a commercial operation. Officials in the Department for Transport have basically said, “In some circumstances we would be pleased to consider a contribution from the department or from local authorities”. It might be easier to give it to a CIC which demonstrated that there was a need and that it was prepared to work towards participating in providing a service than it would be to give it to a local authority.

I have slight concerns about the text of the amendment. My noble friend Lord Snape talked about the six-month moratorium, but I think that the principle is very sound. I believe that community buses were one of the main reasons that CICs were set up in the first place. I hope that, when the Minister replies, he will look on the principle with favour and, if the text is not quite right, I hope that that can be discussed before the next stage. Integrating all the other bus services that we are talking about in the Bill with ones that would not operate without some community involvement—not to make a profit but just to provide a service for the people who need it—is a very important element.

Bus Services Bill [HL]

Debate between Lord Berkeley and Lord Snape

Monday 4th July 2016 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I am interested in the noble Earl’s comments about the poor small investor who has put their life savings into a bus company which is then put out of business because exactly the same thing happens on the railways, where most passenger services are franchised. I suppose the difference is that it is usually large bus companies making the bid. Some of them are owned by foreign state-owned enterprises, which means that the Government allow foreign state-owned enterprises to bid and operate train franchises but they do not allow British state-owned franchises to do the same. However, that is a slightly different matter.

Surely this is a question of which end of the telescope you are looking at. If it is question of small shareholders running a bus company in an area, they may well be worthy of sympathy in a different way from what might be called the big multinationals, but either way, experience on the railways shows that while the top management does not usually remain when a franchise changes, everyone else generally retains their job if they want it. In some cases there may be TUPE arrangements in place, but they may not be appropriate here. However, I am not convinced that the arguments for and against franchises are particularly affected by this because in practical terms many members of the workforce of a franchise of, say, a small bus company might think that they are losing their jobs, but they might well be taken on by the people running the franchise because they have local knowledge, they live locally and so on.

[Lord Snape (Lab)]

I have great sympathy with the amendment moved by the noble Earl, Lord Attlee. I have also listened carefully to my noble friend Lord Berkeley. He commented when speaking to an earlier amendment that there is not a great deal of competition in the bus world. There was competition immediately after deregulation when there were lots of small companies, many of which were perfectly reputable but some not quite as much. My noble friend mentioned the difference between franchising on the railways and franchising for buses. The difference between them is quite simple: we are against one and in favour of the other. I am not quite sure why or how, but that is the situation we find ourselves in as a party.

[Lord Berkeley]

I think that my noble friend is speaking for himself; he is not speaking for me.

[Lord Snape]

I suspect that when we come to debate the future of the railway industry I will be speaking for my party, which is against franchising. And, as I currently understand it, the party wishes to see the railways back in some degree of public ownership. However, let us not get bogged down in the differences within our party between the two industries otherwise we could be on this amendment for a lot longer than we should be.

On the previous amendment, we talked about not-for-profit companies making a bid for franchises. The problem with that reflects directly on Amendment 35. If a successful franchise bid depends on a lower bid, and there is every chance it will given the shortage of cash in local government and the cutbacks that have been made so far as support for bus services is concerned, obviously some of the smaller and perhaps less reputable companies will start out with an advantage. If you are running a major operation that recognises trade unions, pays trade union rates, provides proper canteen facilities, uniforms and so on, you are not in a particularly advantageous position when bidding for a franchise against a smaller company that does none of those things.

Again I remind the Minister that over the years a lot of these companies have come and gone. The bus industry has rather settled down, and although we deplore the lack of competition, when we had lots of it, it was often denounced as wasteful and unnecessary. Speaking specifically to this amendment, if a company large or small loses its assets as a result of measures inherent in the Bill, surely it is only fair that it deserves to be properly compensated.

--- Later in debate ---

[Baroness Jones of Whitchurch]

My Lords, we very much support the intent of the first amendment introduced by the noble Baroness, Lady Scott, and of Amendment 42, which was introduced by my noble friend Lord Bradley. It is important that the audit process is properly independent and provides a trustworthy external scrutiny—that makes perfect sense. It also makes perfect sense to ensure that the proposals are properly costed and that we can have confidence that they are affordable.

However, regrettably, we do not feel able to support the amendment of my noble friend Lord Snape—we seem to be making a habit of that. We believe that his amendment is too specific and restraining and we hope that, on reflection, he will feel able to support Amendments 41 and 42, which we believe would achieve the additional reassurance he seeks and ensure that a fair, independent assessment process takes place. I hope that my noble friend will reconsider and that the Minister will feel able to support the first two amendments.

[Lord Snape]

Before my noble friend sits down—I am sorry that she finds herself unable to support what is, in my view, a well-intentioned and well-meaning amendment—perhaps she can tell us why she objects to the traffic commissioner and why that is too specific. After all, by the very nature of his or her job, the traffic commissioner knows the business inside out and is widely trusted by all sides in the industry. Surely to have someone like that appointing an auditor is a very sensible way forward.

[Lord Berkeley]

And he is independent, too.

[Lord Snape]

And he is independent, too.

Bus Services Bill [HL]

Debate between Lord Berkeley and Lord Snape

Wednesday 29th June 2016 Lords Chamber

[Lord Snape]

My Lords, the noble Lord, Lord Bradshaw, does the Committee and the industry a great service by moving this amendment. I have bored your Lordships before with stories of my involvement in the bus industry. My experience as a director and chairman of a former municipal bus operator was that there was a significant undermining of those services by the sorts of operators that the noble Lord has just mentioned. Much of this unfair competition has disappeared over the years. The intention of many of those smaller operators was to cause so much of a nuisance to the larger undertaking that it would offer them lots of money to go away. In the West Midlands, we were fairly resolved not to play that game. Indeed, during my time as a bus company director at least two smaller operators in the West Midlands were run by people who had been fired from our company for various misdemeanours. They got their hands on some older vehicles and ran them between 7 am and 7 pm. The thought of running early-morning or late-night services never struck them. Not only did they pay inferior rates, they did not provide the trade union recognition, canteen facilities or maintenance facilities that the major operators—such as Travel West Midlands, the company I worked for at the time—provided as a matter of course. The noble Lord, Lord Bradshaw, has put his finger on a very important point. We seek reassurance from the Minister that the unfair competitors that I have just outlined will not be allowed to flourish or, indeed, to exist in future.

There was always a problem in that councillors of all political hues used to say that if those operators were not there then we would be operating some sort of monopoly, and there should be competition. But when those operators were there, the councillors would say that their buses were absolutely dreadful and should not be on the road at all. We spent some years trying to please everybody but pleased nobody. I would welcome reassurance from the Minister that we will not return to those days and that reputable operators operating a quality partnership of the type outlined by the noble Lord, Lord Bradshaw, will not face the sorts of conditions that we had to put up with in the early days of deregulation.

[Lord Berkeley (Lab)]

My Lords, the noble Lord, Lord Bradshaw, and my noble friend Lord Snape have a very good point when it comes to discussing big operators and little operators, because there are competition and quality issues. In Cornwall, where I live, there has, in recent years, been one major operator and one smaller one. On two occasions in the past five years, the smaller operator’s bus garage was torched. Whether it was deliberate or not I do not know, but the fact remains that something nasty went on there. The small operators ran a very good service—as did the big one—and it was good that they were both there. But somebody had something against them. That is something that we must all be careful about, because at that level it is not something for the competition authorities.

I do not think that the noble Lord, Lord Bradshaw, spoke to Amendments 19 and 68, and I do not quite understand his amendments. He wants to leave out, in the case of Amendment 68, a reference to,

“such other incidental matters in connection with franchising schemes as the Secretary of State thinks fit”.

I agree with him, because I am suspicious of that: it allows the Secretary of State to do whatever he likes, if he does not fancy doing what is in the rest of the legislation. I would support omitting those words—but I wonder whether the noble Lord or one of his colleagues fancies explaining what this is all about.

Enterprise Bill [HL]

Debate between Lord Berkeley and Lord Snape

Wednesday 4th November 2015 Grand Committee

[Lord Snape]

I am as anxious as ever to help the Minister out but I put the same question to her as I did to my noble friend: do the conditions that the Government have attached to MRO under these proposals not mean that a tenant could apply for a rent review only if he or she received a rent increase, and that they could not apply on the basis of the existing rent?

[Lord Berkeley]

Or if the price of beer goes up.

[Lord Snape]

Or if the price of beer goes up.

Small Business, Enterprise and Employment Bill

Debate between Lord Berkeley and Lord Snape

Monday 9th March 2015 Lords Chamber

[Lord Snape]

I am grateful for that clarification; perhaps if the noble Lord had made it at Second Reading we might have spent less time bickering. The noble Lord’s Amendment 33Y seeks to put into the Bill some exemption for franchise agreements. The Minister will correct me if I have got this wrong but I think the Government have taken care of those franchise agreements and arrangements within the Bill itself. If they have not, they left themselves enough time, with the consultative procedures that the Minister has so ably outlined, to look at them again over the next few months, when these consultative arrangements are actually taking place.

The problem with accepting the amendment, of course, is that in effect it would pre-empt that consultation and we would be likely to see the pubcos working their way around the legislation in the way about which the noble Lord, Lord Hodgson, warned us. So although I found him as lucid as ever, I think that he convinced one or two of us on this side of the House that his amendment not only was not necessary but, were it to be accepted by the Minister, would lead to an even worse situation than we are in. Surely the noble Lord can see that making exemptions in the Bill, denying the adjudicator and the Pubs Code the opportunity to consider what agreements should be exempt, and to reverse that exemption if it transpires that the exemption is being gamed at a later date to circumvent the legislation, is the proper way forward. I hope that the way in which the Minister indicates the Government’s attitude to this amendment will indicate the way in which they will take this matter forward.

Like the noble Lord, Lord Hodgson, I am coming to the conclusion of my own remarks on the Bill. I would like again to say a few words about investment. It has been a consistent theme of the noble Lord that the Bill and the failure to accept his amendment would have a serious negative effect on investment that the pubcos make in licensed premises generally; I think that that is a fair summing up of his position. However, when one looks at what I repeat is the myth of investment by the pubcos, a different situation is immediately apparent. In 2014, for example, Punch invested £43 million in its core estate but sold pubs to the value of £111 million. It has already announced that it hopes to make £307 million from selling over 1,000 of its non-core estate. Enterprise Inns invested £66 million in pubs that year, then disposed of £73 million-worth of them. This does not sound to me like either a prosperous industry or an industry controlled by those who seek a sensible and profitable way forward for it, regardless of the legislation before your Lordships today.

[Lord Berkeley]

Could my noble friend clarify whether those investment figures are those quoted by the companies concerned, or are they the figures that they told the landlords they were investing but in fact did not, so the landlord had to do it and then got charged extra for the investment that did not happen?

[Lord Snape]

My Lords, the figures that I gave were the ones that the pubcos themselves published, but I certainly agree with my noble friend. Again, without detaining your Lordships too long, I could produce in the course of the debate on this amendment 14 or 15 independent licensees who told me—along, I am sure, with other noble Lords on both sides of the Chamber—about the broken promises made by the main pubcos about investment.

I admire the oratory and indeed the optimism of the noble Lord, Lord Hodgson, who not only told us that these institutions—the pubcos, whose creation he inadvertently deplored as a result of the legislation passed by a Conservative Government back in the 1980s —were really decent chaps who are anxious to invest in their property, but forecast the result of the election as a Conservative majority. However, my reaction is: has he put his money where his mouth is? Even better, perhaps he could put the pubcos’ money in that direction because, like me, he does not know the outcome. None of us does. Not even those well known pundits, the pollsters, can tell us the result of the next election. I admire his optimism, if not his sentiments, as far as the pub industry is concerned. I hope that the Minister will do as she has done with the two previous attempts made by the noble Lord, Lord Hodgson, at amending this legalisation and will smother him with honeyed words but kick his wishes into touch.

Small Business, Enterprise and Employment Bill

Debate between Lord Berkeley and Lord Snape

Wednesday 28th January 2015 Grand Committee

[Lord Berkeley]

Good.

[Lord Snape (Lab)]

Before the Minister replies, I endorse and agree with the remarks made by my noble friends. On Second Reading, I intervened on the Minister’s opening remarks. I said:

“I am sure that the House will recognise how far the Government have moved on this”—

that is, the principle of consultation—

“and will welcome that movement. However, can she assure us that any future discussions will involve representatives of the tenants and will not be dominated by the pubcos?”.

The Minister replied as follows:

“My Lords, I can assure the noble Lord that we are always discussing these issues”—

I emphasise the word “always”—

“and changes with tenants—that is extremely important when you are making changes of any kind—and, indeed, they have helped us to get to the position that we are now in”.—[Official Report, 2/12/14; col. 1243.]

That is not the view of the tenants who I have spoken to. Indeed, most of them take the view that the position we are now in is thanks to the noble Lord, Lord Hodgson, and some of the pubcos.

Although we are grateful to the Minister for the sympathetic way in which she pointed out that there was a difficulty with some of the amendments in the group, we should return to the question of consultation. I hope that she will spend some time explaining to us exactly what consultation has taken place and with whom. Is it true, for example, that, despite the Minister’s promise on Second Reading, the consultation with the representatives of tenants consisted of an hour or so in the department? What consultation has taken place with the pubcos in the department and elsewhere?

I have a feeling, looking around at the Room, that a considerable amount of entertaining—if I can put it that way—has gone on over lunch. Perhaps the views of the pubcos have played a major role not only in the grouping of the amendments—about which we rightly complain—but the sentiments that the Minister expressed and, I fear, will express, about the postponement of proper legislation that was voted on in the House of Commons but seems to us by the amendment and the grouping to be being flouted by the Government.

I hope that the Minister can reassure us at this early stage, because if she cannot, I can assure her of a fairly long and drawn out Committee sitting here today, and that a considerable number of amendments will be tabled at Report on behalf of those who feel that they have a raw deal under the existing arrangements and cannot see it getting any better under the Government’s proposals.

--- Later in debate ---

[Lord Berkeley]

Of course it could, but to some extent that defeats the object, because if it is a tied pub, the brewery is already supplying the beer. It would be for the tenant to decide; that is the point. If the tenant decided to do that and to have a monopoly with one brewery, that would be fine.

[Lord Snape]

I do not object, and I do not think my noble friend does either, to pubcos insisting that their tenants sell their own beer. His amendment states that they can buy that beer from any source, rather than from the pubco through the tie. I think I am correct. I do not know whether the examples he gave of the excessive price difference that tenants have to pay—the 50% to 70% that CAMRA revealed—are common, but I do not think even the noble Lord, Lord Hodgson, could defend that sort of gap. Could the noble Lord emphasise that this is not about preventing pubcos from insisting that the tenants sell their beer but about the source of that beer and the price that the tenants pay?

[Lord Berkeley]

My noble friend raises an interesting issue. It is quite reasonable that a pubco that has a tied pub with tenants requires the tenants to buy the beer from them. That is the reason we are going through this—so that tenants can get out of it if they do not like it. While they are in it, the fact that they are buying beer at a certain premium—50% to 70%—provides part of the profit to the pubco, along with the rent. We can debate which. It has always been my understanding that if the tenants choose to go down the route of getting away from being tied, then presumably the calculation of the rent—we talked about this earlier—will in part take into account the loss of profit to the pubco in no longer being able to sell the beer at this inflated price to the pub.

There is a balance to be struck here. The amendment would allow the tenant to buy another beer from somebody else at whatever price and it would not necessarily affect the relationship with the pubco. It could do, but that is for negotiation. I hope I have clarified that.

Infrastructure Bill [HL]

Debate between Lord Berkeley and Lord Snape

Monday 3rd November 2014 Lords Chamber

[Lord Berkeley]

My Lords, it is worth reminding the House that we already have public sector operators in this country; we have lines owned by Dutch railways, French railways and German railways. They are not called that in this country—they have different names—but they are owned by those countries. On the continent, some of them operate effective, positive and well liked services; some of them are pretty awful. When you hear that Eurostar, which is still 40% owned by the British Government—although it is for sale—is allowed to bid for the east coast, but a company that is perhaps 100% owned by the British Government would not be allowed, it does seem a bit odd. I am sure that the Minister has an answer to that, but it seems to me that we are selling off our crown jewels in the shape of a piece of Eurostar and allowing the companies that buy them—perhaps from the continent, perhaps from elsewhere—to come back and provide a good service on certain occasions, but to compete a little unfairly against what our own companies might do if they existed.

[Lord Snape (Lab)]

My Lords, I have followed this debate over the years with some interest and have a number of questions arising from this amendment that I would like to put to the Minister; perhaps my noble friend on the Opposition Front Bench would also like to consider them. I have no interest to declare in this debate other than the fact that I worked for the railway industry, as did my father. The romantic view, perhaps, of British Rail that some of my colleagues occasionally expressed was one that neither my father nor I shared.

Working for a nationalised railway industry, as I did before being elected to the other place and before being appointed to this House, was a massively depressing experience. Year after year, the amount of finance available to the railway industry was the subject of debate. It was quite often cut back. Short-termism was the only way to describe the finances of BR. Although I am no great supporter of the form of privatisation that the Government have inflicted on us, at least it has provided some degree of long-term continuity so far as railway finances are concerned—a continuity that did not exist when the railways were nationalised. Indeed, some of those in my own party used to mock what they called the concept of Morrisonian nationalisation. They said that it was not nationalisation at all and that the railways were being run by the civil servants. That view was widely shared by many of us who worked in the industry at the time.

I speak to this amendment not from any romantic attachment to a nationalised railway but as a confused supporter of the railway industry who wonders how we got into this particular mess in the first place as far as franchising is concerned. I have said in previous debates that what we have at the present is neither one thing nor the other. It is certainly not franchising. If we look at the new trains that are in the process of being ordered and built, it appears that they were designed by civil servants. The Government or civil servants set the fares as far as companies are concerned. The Japanese build the trains and the rest of us ride around the country in what remains of the whole industry. It is a confused picture, to say the least, but I do not feel that the amendment would help to clarify matters particularly.

I have one or two questions I want to put specifically to the Minister about the current process, before we look at whether or not directly operated railways should be allowed to bid for franchises. How are these decisions actually taken? The whole thing is shrouded in mystery. Various companies, we understand, put forward bids for the franchises, and a process of evaluation takes place behind the scenes. Perhaps the Minister can tell us how this process is conducted and who is involved in it.

If this amendment were to be accepted, would it mean that one desk in the Department for Transport would put together a bid and its merits or otherwise would then be decided by another desk in the Department for Transport? I hope that I am second to none in my admiration of the legal profession, which does not go unrepresented in your Lordships’ House, but if the answer is yes, one can imagine a bonanza for lawyers in the event of an appeal. Indeed, the taxpayer has just paid heavily for the mess that was the west coast main line franchise. Perhaps the Minister could tell us in passing exactly how much that cost.

If the amendment were accepted, how much does she envisage it would cost the taxpayer to fund legal inquiries or complaints if DOR’s bid—an internal departmental bid in some ways—were accepted over and above a private sector bid: or, as my noble friend Lord Berkeley rightly reminded us, a bid from a nationalised railway industry in Germany, France or Holland, to name but three? I hesitate to sound critical, but one can imagine the legal profession rubbing its hands at the prospect of such a financial fracas taking place behind the scenes.

Allowing DOR to bid is not particularly revolutionary. In the debate on privatising the railway industry in 1993, your Lordships’ House accepted an amendment moved by that well known left-winger Lord Peyton of Yeovil to allow the British Railways Board, as it then was, to bid for franchises. That amendment was struck out in the other place and we have the system of privatisation, franchising or whatever you like to call it that we have now. I do not wish to add to the difficulties of the Minister if, as I suspect, she rejects this amendment, but some clarification is long overdue before she does so as to exactly how this process works at present and how it would be affected if the amendment were accepted.

HGV Road User Levy Bill

Debate between Lord Berkeley and Lord Snape

Thursday 7th February 2013 Lords Chamber

[Lord Snape]

My Lords, it is a pleasure to follow my noble friend Lord Berkeley on this topic. I well recall nearly 40 years ago when I was first elected to the other place and was told that the most effective political lobby in the United Kingdom was the farmers. I came to realise that in that conclusion they may well have been right. After all, I seem to remember that the farming lobby managed to blame the spread of foot and mouth some time ago basically on Ministers in the Labour Government rather than on their own practices.

Certainly, one lobby that runs the farming lobby very close in its effectiveness is the road haulage lobby. Most of us in your Lordships’ House are old enough to remember the immediate post-war period when heavy goods vehicles—I think this referred to those above seven tonnes, but it was a long time ago so I would not like to put my shirt on it—had to carry a 20 miles an hour plate and were restricted to that maximum speed. Given the number of heavy goods vehicles that appeared on our roads after World War 2—many of the drivers were demobbed from our Armed Forces—that issue was the first campaign that I remember the road hauliers lobby indulging in. It was very successful and it has indulged in many campaigns since, many of which have been successful.

Since the end of World War 2, we have seen heavy lorry weights increase dramatically. I think that the maximum now is 44 tonnes, although the Minister will correct me if I am wrong. It used to be about 12 tonnes, so the industry has done well there. The length of heavy goods vehicles also has increased fairly dramatically over that period. Each and every increase in weight and length has been accompanied by a cry from the road haulage industry that there would be fewer vehicles on the road because they are bigger, longer and heavier, and that once the motorways had been built they would not be much of a nuisance anyway.

This is not strictly speaking a matter for this debate, but I would be interested to know—perhaps the Minister will tell me, or write to me if he does not have the figures now—how many heavy goods vehicles above the 12 tonnes figure mentioned in the Bill are on our roads now compared to, say, a decade or two decades ago. Although it is not a matter for this Bill, it would be interesting to see not only how successful the road haulage lobby has been but how accurate it was in its predictions.

Another of the lobby’s major complaints was about the number of foreign lorries on our roads. Reverting back to my experience in the other place, I chaired for 15 years the West Midlands group of Labour MPs. It was one of my duties—whether it would be considered onerous or not I leave to noble Lords to work out for themselves—to attend meetings of the Sandwell chamber of commerce, which covered my former parliamentary constituency. The chamber of commerce may not have been dominated by the issue, but certainly a strong presence from the road haulage industry raised the same issue more and more often. It questioned the number of foreign heavy goods vehicles on British roads, and how they were filling up on cheap European derv and able to snatch the bread from the mouths of British hauliers by demanding not only the freedom to travel on our roads, which of course they had, but to take loads back to the continent, which rightly should have been the job of British hauliers.

I was a bit cynical and not inclined to believe that entirely, because every time I asked how many of these wicked foreign hauliers were behaving in this manner I did not get an answer. I found it difficult to believe, and I believe that I expressed the rather unpopular view at the chamber of commerce that I could not honestly believe that Mr Norbert Dentressangle, in his brightly covered lorries, was as guilty of undermining the British road haulage industry as the allegation made at the time suggested.

The Minister talks about 1.5 million trips, which I assume refers to round trips. Are we talking about 750,000 heavy goods vehicles that will be covered, at least in theory, by this measure? I should like to know just how many of these wicked foreign hauliers there are. They cannot use the excuse that they are driving around on cheap, continental derv anymore, because I understand it is just as expensive on the continent as it is in the United Kingdom these days.

The Minister went on to say that the maximum price we could charge foreign hauliers on a daily basis was €11. That will make a big dent in the deficit, whether or not the Prime Minister was accurate in his summing up of it. I cannot off the top of my head multiply 750,000 times €11, but while it is not an inconsiderable sum it will not make much of a dent in the road budget, let alone the deficit as a whole. Therefore, is this piece of legislation actually necessary, given the amount of money it is likely to raise?

The Minister did not use the phrase “a level playing field”, but he implied that this would balance the differences between British hauliers and their continental counterparts. However, €11 a day does not strike me as a particularly large penalty if one considers that for a heavy goods vehicle to travel 100 miles on a German autobahn, it would pay tolls of between €35 and €46. We throw open the whole road network of the United Kingdom for €11, but if you drive a heavy goods vehicle through Germany it costs €35 to €46.

As I indicated, the Minister said that this mighty measure before your Lordships today would raise the sum of £19 million to £23 million. He might recollect that a few days ago we had a debate about toll roads, and I pointed out that there was a toll road in the West Midlands that was not used much by heavy goods vehicles. I have noticed that Eddie Stobart vehicles do use it, but by and large those are the only heavy lorries that I have ever seen on the toll road. The heavy goods vehicle industry generally uses the M6 motorway, which passes through my former constituency on an elevated section. During my 27 years as the Member of Parliament for West Bromwich East, I calculated that the taxpayer had spent something like £800 million repairing just that one section of the M6 because of the damage done to it largely by heavy goods vehicles. On the department’s own figures, the heaviest heavy goods vehicles do as much damage to Britain’s road network as 30,000 private cars. This great sum of £19 million to £23 million, therefore, might repair one archway of the Ray Hall viaduct in the West Midlands, but it will not make much of a dent in the overall road budget.

I therefore have to say to the Minister, as the wartime sign said, “Is your journey really necessary?” as far as this piece of legislation is concerned. We heard from him that continental hauliers can pay on a day-to-day basis—not something that is open to British hauliers, who pay through VED on an annual basis—so why give them this particular benefit, which will be not shared by their British counterparts? I do not know whether, again, this is a matter for Europe, but why not insist that lorries used in the United Kingdom pay on an annual basis? Then they could come and go as they wished. Why allow them to pay on a one-day, two-day or weekly basis: a privilege denied to their British counterparts? Perhaps the Minister could explain.

Of course the penalties for non co-operation, under this legislation, can only be described as pathetic as well. Is a maximum fine of £200 really going to deter a heavy goods vehicle driver with, perhaps, £30,000 worth of valuable cargo? It is surely not serious that we impose a penalty that is so palpably inadequate. The Minister and the Government ought to look again. Even that penalty is based, as I understand it, on a vehicle limit and the number of axles. Who in this country of ours would be able to tell the vehicle limit or count the number of axles?

That leads me to the point raised by my noble friend Lord Berkeley about enforcement. Is the Minister seriously going to tell your Lordships’ House that there will be proper and adequate enforcement of this legislation? If he is, I do not believe him. Let me refer him to one of this morning’s newspapers. I am sure that the Daily Mail is the Minister’s favourite newspaper. From its optimistic front page to its unbiased sketch writing, I always think of it as a newspaper of value and repute. Today there is a story in the Daily Mail which I cut out as, reading it on the train, I thought: “The Minister will be interested in this one”. It is headed: “Toll of illegal foreign cars on UK roads”. I appreciate that it is not about foreign lorries, but I will come to those in a moment. The story says that:

“Only four out of an estimated 15,000 foreign cars driving illegally on British roads were caught last year. And not one of their drivers was prosecuted”,

the Department for Transport said yesterday. Given that record, it does not inspire me with confidence that our jails will be full of non fine-paying continental lorry drivers. What can the Minister tell us about the likelihood of enforcement under this legislation?

About 15 years ago, the then traffic commissioner for the West Midlands, Mr John Mervyn Pugh, invited me to join him on what he described hopefully as a purge of overloaded vehicles on the M6 motorway, particularly foreign ones. My noble friend asked about an enforcement officer. I presume that that enforcement officer must be from the police, because we were accompanied by three or four police cars. Between Birmingham and Stafford, the police directed heavy goods vehicles off the motorway so that they could be checked.

[Lord Berkeley]

Clause 10 refers not to an enforcement officer but to a “stopping officer”. Perhaps my noble friend would like to comment on that.

[Lord Snape]

Whether stopping or enforcing, my only response is that I guess he would have to be in police uniform. Perhaps I might take your Lordships back 15 years to the enforcement on the M6. I still have the paperwork, which I kept. Out of 14 vehicles that were stopped, only three of which were foreign, six were overloaded. In two of them, the driver had exceeded the permitted number of hours. A couple were borderline, while one was taken off the road immediately because of its lack of roadworthiness. Only 14 vehicles were stopped because, within about 40 minutes, there were no heavy goods vehicles heading north on the M6. This is before the days of mobile phones; it was presumably in the days of CB radio, or whatever it was called.

The problems in enforcing legislation such as this are enormous. The fact is that we do not enforce the existing heavy goods vehicles regulations at the moment. How can we, when the traffic commissioner’s total staff 15 years ago was four to cover the whole of the West Midlands and Wales? Given the Government’s clampdown on the Civil Service, I do not suppose that there are 44 of them these days. I suspect that if those four positions are still in situ, that is about it. Are these the people who are going to enforce this particular legislation? I honestly very much doubt that.

The Minister says that there will be a reduction in vehicle excise duty for UK-based hauliers. I have to ask why. I have a copy here of the report of the Armitage inquiry, Lorries, People and the Environment, from December 1980. Your Lordships will be relieved to know that I have no intention of reading that fairly bulky document, but as I would summarise it it pointed out that the number of heavy goods vehicles on Britain’s roads in those days was possibly more than the road network could cope with. If we have moved on from 1980 to 2013, I repeat the question: how many heavy goods vehicles are there on our roads these days, compared with then?

I hope the Minister does not think that I have been too rude about this legislation but it is palpably inadequate and will not be enforced. I do not think that unenforceable legislation—given the present lack of enforcement, that is the only way this can be described—is at all sensible. It is not actually necessary because, despite the propaganda from the British road haulage industry, I do not see this as the great problem that it outlines. If it is, let the continentals pay exactly the same price as British hauliers pay to drive across Europe. If a Bill is necessary, I am afraid that this is not it.

Public Bodies (Abolition of the Railway Heritage Committee) Order 2013

Debate between Lord Berkeley and Lord Snape

Monday 17th December 2012 Lords Chamber

[Lord Berkeley]

My Lords, I add my congratulations to my noble friend Lord Faulkner. He has worked tirelessly on railway heritage. If it was not for him, we would now be in a complete mess. I was very surprised to hear the Minister say that the Railway Heritage Committee was a good example of voluntary work that has now been moved to the Science Museum. He said that it had had a bit of administrative support from the Science Museum before, or that it now has it. I cannot see what the difference is between them. It is moving the deckchairs for the sake of it. I suspect that it will cost more and do exactly the same thing; where is the benefit? My noble friend Lord Grocott talked about old steam engines. A month ago I went round the National Railway Museum in New Delhi, where most of the engines, as he said, were built in this country—largely in Glasgow—and they were very fine. I hope that this tradition continues. Of course, they now build very good engines of their own in India.

Having listened to the Minister’s explanation, which I believe lasted a good seven minutes, and to the story that my noble friend Lord Faulkner told about the work that he had to do just to move things across to the Science Museum, I am afraid that my only conclusion is: thank God he was there to do it. It will be fine in the future when the next Labour Government make things better, but this is a classic case of dogma ruling brain when it started. As my noble friend Lord Grocott said, I hope that it is not repeated.

[Lord Snape]

My Lords, I, too, join in the general chorus of discontent about the actions of the Government today. I support my noble friend Lord Faulkner and agree with his very able speech about the need to care for railway artefacts and his description of the work that the Railway Heritage Committee has done over the years. I have no personal interests to declare except that in the 1980s, along with the late Robert Adley, I served on the advisory committee to the Railway Heritage Committee, which was newly formed at that time. The work that it has done over the years is enormously commendable.

Some of the reminiscences—if I may put it like that—of my noble friend Lord Grocott apply to railway installations all over the world. However, there are many such installations still in the United Kingdom, which the Railway Heritage Committee would have been interested in seeing properly preserved. I do not suggest for a moment that transferring these matters to the Science Museum will necessarily adversely affect the future of railway heritage. However, I am conscious, as your Lordships will be conscious, that the Science Museum has lots of other things with which to concern itself. The great thing about the Railway Heritage Committee is precisely that it was concerned about our railway heritage, and worked to preserve that which we still enjoy at present and which future generations should also enjoy. I deplore and regret any diminution of that concern for our railway heritage as a result of this order.

I suspect, as did my noble friend Lord Grocott, that some civil servant somewhere drew up a list of quangos to be abolished and this one found itself on there. Even at this late hour, I urge the Government to think again. As a railwayman myself, and the son of a railwayman, I feel strongly about our railway heritage. I have bored your Lordships previously with stories about my own railway career. I point out that there are still artefacts—they can still be regarded as such—in use on the present-day modern railway which are well worth preserving. I am not sure I would have the ability, or that the Science Museum would have the time or patience, to listen to the case for preserving them. For example, there are signal boxes in the Stockport area, where I spent the early part of my career, which were built by the London and North Western Railway in the 1880s, and which still signal trains today. Do I approach the Science Museum when eventually those signal boxes are abolished, to say that these are part of our railway heritage, and ought to be kept?

I might say in passing that, although those of us who travel regularly on the west coast main line are familiar with the litany of equipment failures—“failure of lineside equipment” seems to be the stock response to any delays—that does not happen in the Stockport area. Thanks to the London and North Western Railway, which installed those signal boxes in 1888, they still do not have any problems, all these years later, in passing Pendolino trains through the town of Stockport. If we are properly to preserve that sort of railway heritage, we might need a wider scope than saying, “We will leave these matters to the Science Museum”.

So I ask, even at this late hour, for the Minister to reflect again. The abolition of quangos is not necessarily a bad thing, but the old proverb about babies and bath water certainly applies in this particular case.

Transport

Debate between Lord Berkeley and Lord Snape

Monday 5th July 2010 Lords Chamber

[Lord Berkeley]

I, too, congratulate the Minister on opening this debate, but in doing so I reflect that he must be feeling a bit lonely. Eight Liberal Democrat colleagues are speaking but none of his own Back-Benchers. It makes me wonder whether his Back-Benchers support the coalition’s transport policy; perhaps he will tell us when he winds up.

Two months after the election, I thought that I would have a quick review of the progress of the coalition’s policies on transport. The policy on page 31 of the coalition programme states:

“We will stop central government funding for new fixed speed cameras”,

and use drug analysis instead. They are rather different in their effect—and their cause, probably. The Minister mentioned that in his opening remarks. First, can he explain how removing speed cameras will contribute to a reduction in road accidents? As we are talking about roads, perhaps he can also explain whether the Government will reduce the blood-alcohol limit from 70 milligrams to 50 milligrams, which I understand would save 200 deaths a year. That sounds good but maybe we will not get that either.

Secondly, on the HGV road user charges, perhaps he will explain what is green about that policy. It will help the UK haulage industry to compete with foreign lorries but unless the charge is quite high it will not help the environment very much.

Thirdly, the coalition programme states:

“We are committed to fair pricing for rail travel”.

However, in the Financial Times a week or so ago, the Secretary of State for Transport said that he would increase rail fares more than inflation. As the noble Lord, Lord Snape, mentioned earlier, that would surely reduce the number of passengers using the railways and encourage more people to go by car. What is safe and green about that?

Fourthly, the programme states:

“We will support sustainable travel initiatives, including the promotion of cycling”.

Will the Minister confirm whether the Government are removing the advance stop lines at many intersections, which are there to create a nice green box for cyclists to go into? Apparently Ministers believe that cyclists are slower than cars so the cars should get away fast. That is a policy for reducing rather than increasing the number of cyclists on our roads.

I am pleased that the Government will,

“reform the way decisions are made on which transport projects to prioritise”.

I think that is longhand for looking at the new approach to transport appraisals, which I welcome. Perhaps the Minister can explain when they are going to start.

Lastly, I want to concentrate my remarks on the Government’s statement that they,

“will make Network Rail more accountable to its customers”.

I fully support that. I declare an interest as chairman of the Rail Freight Group. The noble Lord, Lord Dykes, got there first and I am grateful to him for his declaration on my behalf. I am also one of the 100-strong membership of Network Rail, to which my noble friend Lord Snape alluded.

[Lord Snape]

Perhaps I may exempt my noble friend personally from any criticism of the 100 members of the board.

[Lord Berkeley]

I am grateful to my noble friend, but perhaps he had better wait to hear what I have to say. Infrastructure management and privatisation became Railtrack’s responsibility and most noble Lords would, I think, agree that that was a disaster. In management and engineering terms, it was a good way of siphoning perhaps £4 billion of public money straight from the Government to shareholders, but it did not last very long.

The new Network Rail is, I believe, much better than Railtrack in the sense that the network is in a much better condition. It is reliable and there has been a lot of investment in it. However, as the noble Lord, Lord Dykes, and others have said, the costs are getting very high. The Office of Rail Regulation has required Network Rail to halve its costs over 10 years, and we are about half way through that, but it still has a long way to go. As regards the value-for-money study chaired by Sir Roy McNulty, the document referred to by the noble Lord, Lord Dykes, is very significant. He was given a number of options and was told, first, to cut services; secondly, to grow services with increased costs, which is clearly unacceptable; and, thirdly, to do it cheaper—and if you do not do it cheaper, you have to close things. We need to work out ways of getting Network Rail and to some extent the train operators to do it cheaper. But we must be careful not to throw the baby out with the bath-water.

Noble Lords and people outside have come up with many ideas about what to do with Network Rail, which could range from a new management team to deliver cultural change, to breaking the company up into regional businesses, and, of course, the usual story of vertical integration—nationalised or in the private sector. However, we must be careful about the problem that we are trying to solve. It is easy to refer to benchmarking and great savings, but one must look at the detail and I suggest that the devil is in the detail.

I am against breaking Network Rail up. I certainly support Merseyrail’s idea of having a separate network there, probably extending to Wrexham, and to do a little bit of benchmarking. Of course, Transport Scotland is promoting a new line to the Borders, which will be designed, built and operated entirely without Network Rail. Therefore, that will produce some benchmarking. However, I calculate that if, for example, Scotland was separated off into its own infrastructure, there would be five passenger operators there and as many freight companies. The bureaucracy of the extra agreements between all these people in different areas would make it more complicated rather than less.

The problem with Network Rail is that, although it is far from perfect, the extra costs are in what we might call the sticky bits—the laws, the processes, the standards and the procedures that seem to govern every action. The other day, I was on a train going down a freight branch line when we were stuck on the main line for about half an hour. I asked the Network Rail person on the train, “What’s the problem?”. He said, “Well, they’re unpadlocking the points. In my day, 20 years ago, it took one person five minutes and now it takes three people 20 minutes”. It is the same job, so why does it take that long? Yesterday, I received an e-mail from some people stating that it was time that the railway did some research into dogs and their owners walking perhaps on a footpath beside continuously welded track. They said that the dog might get excited or worried by the whine of a train approaching and pull the owner on the lead towards the train and hurt the owner. I thought: why do we want to bother with things like that? If people cannot control their dogs and have the lead wrapped around their hand several times, why does the industry need to talk about research? Those are two stupid examples, but unless we start at the bottom and ask, “Do we need those standards at all?” and all that goes with them, we will not get anywhere.

Some suggest that Network Rail should be sold off, but we tried that with Railtrack, did we not? I think that we should improve what is there and define what kind of company it should be. It has decided on its own that it should emulate a public limited company and get efficient going forward with maximum achievements and, of course, maximum bonuses. That is its decision. No one has asked it to do that; the Government have never asked it to. It justifies that on the basis that it is like a plc. It is nothing like a plc, because it cannot go bust. We all know that no one would allow it to go bust, and, anyway, there are no shareholders. I am one of the 100 members, and our liability is limited to £1, which I suppose is comforting.

Should it not have some public interest duty to influence its activities? I do not think that the membership structure has worked. Network Rail effectively still appoints most of the members. We do not hold the company to account; that will not change. There are various alternatives which I hope that the Minister will consider. One of them has been mentioned before: a two-tier board, with the higher one to ensure that the public interest in the railways is maintained. Alternatively, members could all hand over their membership to the Secretary of State. When I put that to a Minister he said, “That’s fine. What happens if the members don’t want to hand over their membership?”. The answer is simple: turn off the finance. That might focus their thoughts. The third alternative is a mutual, with a small number of members elected by all interested stakeholders. That would give members legitimacy and a smaller number.

The real issue is that the board and the management need to reflect Network Rail’s public interest role, as well as driving efficiencies. It must drive them much more strongly from within. Iain Couch has done well up to now, but we now need someone else. It needs a new team dedicated to creating the most cost-effective, cost-efficient and least bureaucratic infrastructure manager in the world. I suggest that the figure of two to three times the best cost, which we have heard in this debate and from the regulator before, comparing Network Rail with other infrastructure managers, is mainly due to bureaucracy. It is the bureaucracy that must be cut through with a sword, because I do not want bits of the network to be lopped off because we cannot do it cheaper, we cannot run Parry People Movers or anything else. As someone else said in this debate, we do not need high-speed lines for Parry People Movers.

I hope that the Government, in considering what to do with Network Rail, will not throw the baby out with the bath-water but will make strong intentions clear that it must change. Whether that should be done from without or within, I do not know, but I will certainly support such change.