Network Rail

Lord Walney Excerpts

Thursday 2nd February 2012 Westminster Hall

[John Woodcock (Barrow and Furness) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Mr Rosindell. I add my congratulations on securing the debate to the hon. Member for St Albans (Mrs Main) and her colleagues. I echo the words of the hon. Member for Suffolk Coastal (Dr Coffey) in that, while it is always a delight to face the Under-Secretary of State for Transport, the hon. Member for Lewes (Norman Baker), we hope that the Minister of State, Department for Transport, the right hon. Member for Chipping Barnet (Mrs Villiers), has a speedy recovery, hastened by not watching the debate and getting some rest.

The debate has been good and has included a number of powerful and well-informed contributions. I particularly enjoyed the Punch and Judy performance between the hon. Members for Rugby (Mark Pawsey) and for Northampton South (Mr Binley). On this occasion, I will resist the temptation to make another contribution about High Speed 2, leaving for another day the thuds that can be heard from the upper room of a home in the constituency of the hon. Member for Rugby.

The debate has rightly had a repeated focus on the performance and accountability of Network Rail. As hon. Members have pointed out, the debate is particularly timely given that, shortly before Christmas, the Office of Rail Regulation said that it considered Network Rail to be in breach of its licence for reliability in the freight sector and likely to be in breach for long-distance passenger services. In both sectors, performance is declining at a worrying rate. End-of-year targets for 2011 were missed and ORR remains to be convinced that Network Rail is doing all that it can to improve reliability. A striking fact that should be re-emphasised is that Network Rail has already admitted that it will not meet its 2012 target for punctuality, and yet we learn that that organisation believes that this is the right moment to put forward a fresh reward scheme worth up to 500% of salary over five years.

To state the blindingly obvious, the reliability of train service leaves a lot to be desired in so many parts of the country. The statistics are clear. In 2011, more than one in 10 long-distance services was more than 10 minutes late. Such underperformance is frustrating for passengers, damaging to business and, potentially, a real and significant drag on overall economic performance in the country and the regions. We need a railway that performs better, not least because hard-pressed passengers are being asked to pay fares that have recently risen by up to 13%.

The figures on the causes of delay are clear. A more reliable railway will require better performance from Network Rail. When our constituents complain to us about a delayed journey, the train operator as the shop front for the railway system tends to get it in the neck. Many operators, indeed, need to up their game, but month on month, year on year, the majority of delays are the responsibility of Network Rail. In the most recent period for which figures are available, the organisation was responsible for 646,000 minutes-worth of delays to trains, representing 59% of the overall total.

No one is pretending or should imagine that there is an easy solution. Network Rail, or whatever organisation or structure might be put in its place, is charged with operating a complex, extensive rail network that has seen differing levels of investment over many decades. There is more demand for rail travel now than in any peacetime period since the 1920s. Yes, some of the delays ascribed to Network Rail are largely outside its immediate control. In particular, as mentioned in the debate, cable theft has risen fast up the agenda in recent months. To dwell a moment on that, we now know that rising global metal prices have triggered an unprecedented level of theft of the more valuable metals, from the railways as from electricity suppliers, communications providers and, most despicably, churches and memorials. The theft of even a short stretch of signalling cabling from the railway can lead to the shutting down of huge sections of the network for hours on end, as we and our constituents have seen, causing immense disruption. In the current financial year, passengers are on course to suffer almost 7,000 hours-worth of delays because of cable theft, which would be a record.

[Mrs Main]

The hon. Gentleman is making a powerful point. Such cases are deemed to involve force majeure, however, and something over which Network Rail has no control, unless it was derelict in its duty to police the railway line. As such, Network Rail would not be seen to be failing, but I believe that it is failing on things over which it has control.

[John Woodcock]

That is an interesting point. We should examine repeatedly how such incentive mechanisms work.

In the case of cable theft, increased action and a tougher regulatory system are needed to enable Network Rail to perform better. Of concern is that it took so many instances of main lines and major stations coming to a halt before the Government were spurred to what we hope is greater action. Even though Ministers now seem prepared to legislate for a ban on cash sales of scrap metal, at the moment their actions fall short of what is required to end the scourge of thefts. Cashless transactions alone may prove too easy to circumvent. We need a licensing system for scrap metal dealers, strengthened police powers to enter premises that they suspect of selling stolen metal and to close such premises down if necessary, and a requirement to show verifiable identification, recorded at the point of sale, for all transactions.

Ministers still have an opportunity to put more comprehensive measures in the Legal Aid, Sentencing and Punishment of Offenders Bill. They would have cross-party support in doing so. I am talking about measures that would genuinely put an end to the spiral of delay, disruption and extra cost being experienced by passengers and freight customers across the network. I hope that the Minister will outline whether he is prepared, from a transport point of view, to put pressure on his Home Office colleagues to go further on the matter.

There is a need for improved performance from Network Rail in areas over which unquestionably it has control. Those areas include the reliability of signalling systems and better management of planned shutdowns to limit overruns having an impact on the next day’s passenger services. Performance is highly variable across the network. Far more needs to be done to ensure that good practice is learnt from by all Network Rail regions.

There is real scope to improve performance by reforming the artificial barrier between track and train—one legacy of the botched privatisation of the railways. However, there remains real confusion about where the Government are heading on that. Originally, Ministers proposed handing over infrastructure to the private sector, raising questions about whether they had truly learnt the lessons of the Hatfield crash. Will the Minister make it clear whether they have abandoned those plans? In the absence of the much-delayed Command Paper, the confusion drags on, so will the Minister tell us when we can expect to see that Command Paper?

We also have concerns about something that has so far not been brought to the House but on which newspapers have been briefed, which is the Minister’s new idea about creating single management companies out of Network Rail and train operating companies, starting with a potential partnership with South West Trains. The Minister needs to say how a level playing field will be ensured when such franchises come up for renewal. How will other train operators, both passenger and freight, that use that part of the network fit into the alliance? How does the balance between a for-profit train operator and the not-for-profit Network Rail work in that context?

Hon. Members are right to focus on the need to improve efficiency. As part of that, we need to make procuring and building improvements more efficient without compromising safety. I have spoken to train operating companies, and a number of them have expressed concerns that having to use Network Rail to procure improvements to the non-safety-critical parts of the railway system, such as station buildings and car parks, significantly pushes up the costs of and delivery timeframes for those improvements. Will the Minister expand in his winding-up speech on plans either to allow TOCs to procure such works independently, or to ensure that Network Rail improves its processes?

A number of hon. Members raised, quite rightly, the issue of investment in various parts of the rail network. However, the way in which we currently manage investment in the railway system and, indeed, across the transport network needs to change. We need longer-term thinking that goes beyond artificial five-year horizons. We have a reasonable idea of where the pinchpoints in the system will be in decades to come, the capacity challenges and the emerging markets for new or faster services. We have had, for example, welcome albeit piecemeal announcements of funding for electrification. So far, that applies mainly to schemes developed by the previous Government. However, the five-year horizon of planning means that the Government are hindered from creating greater certainty about a rolling programme of electrification, which, at its best, could guard against the resources and skills employed by schemes such as the Great Western and north-west wiring schemes being lost at the end of those programmes rather than being moved to the next area, such as the midland main line or the Great Western route through to Swansea.

Labour is not calling for extra spending on rail in this comprehensive spending review period, but we do want the five-yearly assessment of what is affordable to be part of a longer plan for what is desirable and likely, so that industry can plan and British manufacturing can have the best chance of winning contracts.

[Kelvin Hopkins]

My hon. Friend is rightly emphasising costs, but a lot of the costs have to do with the method of contracting and sub-contracting that has been in use since privatisation. The contrast with British Rail is extreme, but there is also the contrast with costs abroad—other railway systems on the continent of Europe. Is that not something fundamental that we have to look at to bring those costs down, not just marginal changes to improve efficiency a bit, because we are talking about a multiple of costs?

[John Woodcock]

I thank my hon. Friend for his intervention. He is right to say that we need to look across the board at all options for improving efficiency. Avoiding inefficient procurement decisions, without returning to the days of the railway system that existed before the botched changes were made, which was not in itself operating efficiently, is the challenge and would be the challenge for any Government seeking to produce real, lasting and effective reform.

The deficit of accountability and transparency has rightly dominated speeches today. They have been powerful and well directed, but before I say more about where we share concerns in that respect, it is important to stress how far we have come since the days of Hatfield. Network Rail’s unusual structure was forged in response to the failure of its predecessor, Railtrack. The Labour Government were right to take action to bring the management of our rail infrastructure back under control, but the simple fact that we are in a relatively better place today does not mean that we can or should ignore the problems and shortcomings that beset the organisation a decade on.

The unusual nature of Network Rail has created a deficit of accountability. It does not have shareholders and does not respond directly to elected politicians, as has been demonstrated today. Most importantly, it is not properly responsive to the passengers who use the railway system. That can leave it unable properly to serve businesses, passengers and communities alike, and allow inefficient practices to continue. It has given rise to the alarming allegations that hon. Members have aired today and on which I hope the Minister will comment in his winding-up speech. [Interruption.] He still has 20 minutes.

[The Parliamentary Under-Secretary of State for Transport (Norman Baker)]

My hon. Friend the Member for St Albans (Mrs Main) has to speak again.

[John Woodcock]

I will be brief. We want a railway that provides value for money for and is accountable to the taxpayer and the travelling public, a railway where passengers and freight customers can rely on the timetables and a railway that can plan strategically for the long term. That is why we are listening, as part of our policy review, to a wide range of ideas for improving the accountability of Network Rail, such as the Co-operative party’s proposals for mutualisation of the company. I therefore hope that the Minister will tell us where his plans to review the ownership and accountability structures of Network Rail to make it better able to serve the public have got to and whether they will include improvements to transparency.

Finally, I come to the issue of bonuses. Network Rail’s accountability has been brought into focus today by the news that Network Rail’s senior management will next week seek to award themselves a new bonus and incentive scheme. We understand that that will include an annual bonus of 60% of salary and, in addition, a five-year reward scheme worth up to 500% of salary. The public will be staggered by such proposals. Network Rail is currently in breach of its licence. It must recognise that times have changed and that bonuses on top of salaries need to be for exceptional performance and not the rule.

There is a responsibility for Ministers here, too. Network Rail’s articles of association make it plain that the Secretary of State has a clear remit over pay and bonuses. She has a right to attend the remuneration committee and the board meeting that decides these schemes, or to appoint a special member to represent her. Despite the coalition’s pledge to make Network Rail more accountable, the Secretary of State has failed to take up that right. She still has the opportunity to do so. The Minister will be keen to know that Downing street seems to take a relaxed view on this matter judging by the lobby briefing this afternoon. The Prime Minister’s official spokesman agreed that there was a vote, but said that the decision rested with the Secretary of State. In his winding up, will the Minister say if his boss or he will attend the board meeting on 10 February to make it clear that such a package is unacceptable? Warm words about accountability are not enough—

[Mr Binley]

On a point of order, Mr Rosindell. I want to hear the Minister speak and time is very limited.

[John Woodcock]

The hon. Gentleman is quite right to raise his point of order, but I am in my last paragraph.

The Government need to get a grip on the organisation and its future, and they must start with this unacceptable bonus culture.

--- Later in debate ---

[Norman Baker]

The fact that efficiency savings or reductions in numbers take place does not necessarily mean that safety is affected. Obviously, the hon. Gentleman’s point has been well made, and I will take it back with me. Network Rail today is a significantly improved body from what it was in February 2007. None the less, we share the Office of Rail Regulation’s concerns about certain aspects of the company’s recent performance, such as punctuality over the past 12 months, some weaknesses in safety culture and poor implementation of integrated train planning under certain conditions.

The Government look to the Office of Rail Regulation to hold Network Rail to account and to continue to drive improved value for money from the company. As part of that process, the ORR has set Network Rail a requirement to make efficiency savings of 21% in its 2009 baseline by 2014. It will continue to produce annual reports benchmarking Network Rail’s efficiency against its international peers.

The Office of Rail Regulation’s latest annual report states that Network Rail has made progress against its efficiency targets, but that it has more work to do to justify all of its claimed savings. When Network Rail delivers on its current commitments, the ORR expects it to have closed around two-thirds of this efficiency gap by 2014 and the rest by 2019.

A key part of the McNulty review is to see much closer working and alignment of incentives between Network Rail and the train operators. A number of Members raised that, and it is something that the Government are focused on and it will feature in the Command Paper.

We welcome Network Rail’s regional devolution initiative to focus its business down to the route level and to work closely with train operators. David Higgins is taking forward work on structural reform to form closer alliances with the train operators. Moves towards asset management concessions and improved supplier engagement are vital.

We recognise concerns that Network Rail’s governance has not, so far, provided adequate mechanisms for holding the company’s board to account. That has been particularly apparent in respect of bonuses. The Secretary of State for Transport has been rightly firm on that matter, as indeed has No.10, despite what we have heard this afternoon. We expect bonuses to be dealt with in a responsible and a sensible manner by Network Rail, as we do by others. However, the Government’s powers, which we inherited from the previous Administration, to deal with those bonuses are extremely limited. Let me remind the hon. Member for Barrow and Furness (John Woodcock) that in 2009-10, under the previous Government, Iain Coucher received a bonus of £348,184, and the top seven directors together clocked up £1,347,000.

[John Woodcock]

The Minister will be aware that the previous chief executive waived his bonus in the 2008-09 period when he was asked to do so by the then Secretary of State, Lord Adonis. When the former Secretary of State for Transport, the now Secretary of State for Defence, raised the issue of those bonuses to Iain Coucher, he was completely ignored.

[Norman Baker]

The fact of the matter is that we have not inherited powers to deal with those bonuses. This is the Network Rail structure that we inherited, and we are now trying to sort it out.

Let me deal with Network Rail’s performance, which comes within my portfolio. It is not as good as it should have been, and passengers are rightly unhappy when their train is delayed or cancelled, especially when that happens regularly. To be fair to Network Rail, we must put that performance in context. In 1997-98, the annual public performance measure was 89.3%. After the accident at Hatfield in 2000, it fell to 74.2%. Since then, it has risen progressively, and punctuality today stands at 91.7%. I am not saying that that is good enough, but it is not the catastrophic case that is sometimes presented. It is certainly not true that, as the Labour party spokesman said, performance has been declining at an alarming rate. It has not; it has been improving. It has not met the targets, but it has been on an upward trend.

The current high level output specification for the railways specifies a further improvement to 92.6% during the period to 2014, and that is what the Department is focused on, as is the ORR. There is still a lot to do. I am concerned that performance over the last year has been iffy for various reasons, including the previous two exceptionally severe winters and an increase in the number of external events, such as cable theft. What is happening about cable theft is not the full range of the Government’s response, and it is inaccurate to present it in that way. We are simply using existing legislation to do what we can. Further measures will emerge as and when we can take them. In addition to cable theft, other issues have affected Network Rail’s performance that I am told were within its control.

Remedial plans have been put in place to enable improvements by the end of the current year, and plans are being developed for the remaining two years of the current rail control period. I am happy to tell my hon. Friend the Member for St Albans that a great deal of work has gone into much better winter resilience, including third-rail heating to prevent the sort of problems that occurred in previous winters, to which she rightly referred. I hope that she will be reassured by the fact that I meet Network Rail and the train companies monthly to examine performance with a specific analysis to ensure that they are keeping up to scratch with their plans.

As has been said, the ORR has published enforcement orders requiring Network Rail to take further steps to improve performance, particularly for long-distance passenger services and freight services. Hon. Members will know of the letter written by the ORR to Network Rail—it is fair to say that the train companies also have responsibility to do their best to ensure that punctuality and performance are maintained—and I simultaneously wrote to the train companies about their responsibilities to ensure that they are doing what they can to maintain performance at their end.

My hon. Friend the Member for St Albans referred to the National Audit Office. Network Rail is officially a private sector company. That classification is determined not by the Government, but by the independent Office for National Statistics, and that is what it has decided. I am not aware of any precedent for the National Audit Office having jurisdiction over private sector companies.

Under the terms of the Railways Act 1993, as subsequently amended, Network Rail is subject to scrutiny and regulation by the ORR, which has access to information that it needs from Network Rail, properly to assess the company’s performance and efficiency. The ORR is part of the public sector, so it is subject to National Audit Office scrutiny. The National Audit Office and the Public Accounts Committee have recently undertaken audits of the Office of Rail Regulation, taken evidence from Network Rail and others and produced reports on the regulator’s effectiveness.

We note and endorse the conclusions that the ORR must take steps to ensure that it has the capability that it needs properly to hold Network Rail to account and to drive it to close the efficiency gap with leading European comparators. I have sought assurances from the ORR that it will take such steps. Hon. Members have referred to the consultation that is taking place on the ORR’s powers. Any plans to expand the ORR’s role take account of its performance to date and its future capability, as well as comments that are received as part of the consultation process.

As a private sector company, Network Rail is not subject to the Freedom of Information Act, nor could it be without primary legislation. However, Network Rail has promised that it is in the process of developing a voluntary information rights code, which will mirror many of the provisions in the Freedom of Information Act. We welcome that initiative and believe that, if properly implemented, it will provide an alternative to legislation. We expect the company to introduce the code alongside a broader package of Government reforms later this year.

My colleagues and I in the Department for Transport, including the Minister of State, Department for Transport, my right hon. Friend the Member for Chipping Barnet (Mrs Villiers)—I am grateful for the comments about her accident, and I am happy to say that she is recovering well—will keep the matter under close scrutiny.

Hon. Members raised a number of specific points, but I must give my hon. Friend the Member for St Albans time to respond properly. If there are any points that I have not dealt with, I will write to the relevant hon. Members.