Railway (Licensing of Railway Undertakings) (Amendment) Regulations 2021

Lord Kirkhope of Harrogate Excerpts

Monday 12th July 2021 Grand Committee

[Lord Kirkhope of Harrogate (Con) [V]]

My Lords, I find myself in a uniquely privileged position today because, when looking at the Order Paper this morning, I was rather amazed to see that my role here has been defined as “all other speakers” and I have been afforded no less than 10 minutes to make a speech. This is almost unique in the last 15 months, but I want to placate my colleagues, or at least reassure them, by saying that I do not intend to use all of that time. Still, it was a marvellous bit of news this morning, and I hope it will be replicated in future debates.

Since the Channel Tunnel opened in 1994, I, like many millions of other UK and European citizens, have been able to travel on dry land between our states in comfort and at speed. I have occasionally used the shuttle when I have required my own car to be with me on the continent, but I must, and want to, declare an interest: I hold the record of being one of the most-travelled Eurostar train service passengers, thanks to the weekly journeys that I undertook during the 17 years that I served as a Member of the European Parliament, commuting to Brussels and Paris. I commend Eurostar on its trains and service, which got better and better during those years, with the provision of new facilities at the terminals, as well as its rolling stock.

The Covid crisis has of course presented it, and other cross-channel transport operators, with serious financial challenges. Although that situation is not directly addressed in the legislation that we are considering today, I hope my noble friend will understand that merely expressing positive and good wishes may not be sufficient. I hope it will not be long before Eurostar and others can enjoy renewed growth and prosperity, but the company may need more help, as others have received from Governments on both sides of the Channel.

Having said that, I wish to spend a moment on the treaty of Canterbury, signed by the late Baroness Thatcher, as our Prime Minister, and President Mitterrand of France in Canterbury Cathedral in 1986. It is not perhaps the most exciting thing in history to have happened in Canterbury Cathedral but it is probably close to it. As noble Lords will recollect, this was the treaty that allowed the Channel Tunnel to be constructed, in which the legal and territorial structure for its operation was laid down. A new border between France and the UK was created below the seabed, halfway across.

This was followed up by a protocol signed in November 1991, which effectively juxtaposed national control bureaus at Fréthun near Calais and Folkestone in the UK. This was in itself a unique territorial exchange, allowing security and frontier arrangements to be operated in full co-operation and harmony. Over the years, it has worked very well in protecting both France and the UK, as well as preserving respective immigration rules and policies. It will no doubt please some to know that all this was, and is, based largely on bilateral agreements between France and the UK. The international interest in the Canterbury treaty at that time was from the United Nations. Any modification of the protocol should be by exchange of diplomatic notes.

Of course, although the basis of the tunnel relationship is bilateral, as my noble friend the Minister said, there are consequences for rail operators of our leaving the EU, which is why these provisions are now required. The original pre-Brexit regulations were approved in 2005, as she said, and gave cover for EEA-issued operator licences. In the aftermath of our withdrawal, new regulations were put in place in 2019 to cover the two-year period until September this year.

As my noble friend the Minister said, we now need to renew the regulations to protect the rail operators of Eurostar and freight services until a new agreement with France is, hopefully, concluded and ratified. I understand that the shuttle and Eurotunnel are protected under alternative provisions. Perhaps my noble friend can advise on how the ongoing discussions on the bilateral arrangements are proceeding. I understand that the technical details are agreed. I assume that there are no political or other impediments to the satisfactory conclusion of this.

As a former Leeds MP and Yorkshire MEP, may I press my noble friend a little further? I know it is a long time ago but, in 1987, when the then Channel Tunnel Bill referred to earlier by my noble friend passed through our Houses, a number of MPs from outside the south-east of the UK supported it and allowed the scheme to proceed on the basis of clear promises that there would be direct services from northern cities such as Leeds, Newcastle and York to European cities such as Paris, Brussels and Amsterdam. These have essentially not materialised; no doubt plans remain on the table. Perhaps my noble friend can elaborate on how this might be taken forward and any possible linkage there might be to the HS2 network in due course. It would be very positive if we tried to bring this about because we all know that, with COP 26 being hosted in this country later this year, the environmental benefits of electric trains cannot be underestimated. We have the opportunity to give fresh endorsement to this form of travel. Can my noble friend also confirm that, in view of the separate EU legislation covering Eurotunnel, there are no risks to the continued smooth running of the shuttle?

Obviously, I fully support these protective measures to cover us for the time being. Not only should we welcome them; we must also look for the enhancement of services using this vital piece of infrastructure, ensuring its use to rebuild positive relationships with our European neighbours after an undoubtedly fraught period.