Railways: Level Crossings

Viscount Tenby Excerpts

Thursday 15th March 2012 Lords Chamber

[Earl Attlee]

My Lords, the biggest problem with level crossing safety is the behaviour of pedestrians, particularly when they get distracted. All four fatalities that occurred last year were behaviour-related and almost exclusively involved a distraction problem. The best thing that Network Rail can do is to educate people, so that sounds like rather a good strategy on its part.

[Viscount Tenby]

My Lords, is the Minister satisfied that the legislation regarding people who deliberately flout the regulations on level crossings is sufficiently draconian?

[Earl Attlee]

My Lords, the noble Viscount’s question links in very well with that of the noble Lord, Lord Faulkner. It is of course a very serious motoring offence to zigzag around the barriers, but you need to have the evidence to prosecute. The noble Viscount makes a good point, and that is what we are working on.

Postal Services Bill

Viscount Tenby Excerpts

Wednesday 6th April 2011 Lords Chamber

[Viscount Tenby]

My Lords, I shall speak to Amendments 24J and 24K. I hope that I will not be accused of being self-indulgent if I suggest that it may be for the convenience of the Committee if I tack on Amendment 24N, to which I can attempt to move seamlessly after my remarks on Amendment 24K. All these amendments are in the name of my noble friend Lord Low, who very much regrets that he is unable to be here owing to urgent business commitments abroad.

Amendment 24J is a straightforward amendment that is designed to place in the Bill the assurances that the Minister was kind enough to give at Second Reading. At that stage she made it clear that there is no scope for the postal services regulator, Ofcom, to downgrade the minimum requirements that make up the universal postal service. At Second Reading the noble Lord, Lord Tunnicliffe, and my noble friend Lord Low expressed concern that the Ofcom market review, which has to take place within 18 months of the Bill receiving Royal Assent, might be the vehicle for downgrading the universal service obligation. In response the Minister said:

“I am happy to reassure them that this is completely untrue. There is no small print allowing this … Ofcom must have conducted a market review to ensure that the services offered as part of the universal service reflect user needs. These are set out in statute and the review cannot recommend a downgrade of the minimum requirements after 18 months”.—[Official Report, 16/2/11; col. 777.]

That is a welcome reassurance. It is both clear and unambiguous. I therefore hope that the Minister will have no objection to including in the Bill in an equally clear and unambiguous fashion the restriction that it reinforces.

By placing in the Bill that restriction on changes to the universal postal service—a restriction that has support on all sides of the House—we make it clear to Ofcom and, more importantly, to any future Government who may have other ideas, that although Royal Mail is being privatised, the service that the public rightly expect to receive will be maintained. I very much hope that on that basis the Minister will welcome the amendment.

Amendment 24K seeks to strengthen the Bill by giving greater protection to the universal service by ensuring that the current minimum requirements are maintained for a period of five years. I welcome the establishment of Ofcom as the new regulator for postal services. I need not repeat the argument for that. Suffice it to say that it makes sense with the continued development of electronic communications and their integration with traditional postal services. Ofcom will have a key role in determining whether a privatised Royal Mail succeeds or fails. It will not just regulate competition; it will regulate service levels.

Underpinning that is the universal postal service, which is made up of a number of minimum requirements. The obligation itself is non-negotiable: if you have a licence to deliver letters and packets within the regulated area, you must meet the obligations placed on you by these requirements. The value of the universal postal service to the public would surely be diminished if the minimum requirements that underpin it were eroded. Recent research conducted by Consumer Focus and Postcomm highlighted the fact that safeguarding the universal service remains key for customers.

I do not doubt the Minister’s intentions on this, but we should be clear: once the Bill receives Royal Assent, she then hands over responsibility for the protection of the universal postal service to Ofcom, along with an obligation to review the current minimum requirements to see whether they are meeting what are called the “reasonable needs” of consumers. This, along with some 14 other provisions in the Bill, allows the regulator or the Minister to vary the terms of the universal service obligation in a variety of circumstances.

That is worrying. The “reasonable needs” of one person may not be the same as those of another. One person may feel that their reasonable need is to have a delivery every day, while another may be happy to make do with two or three a week. Some people may feel that it is a reasonable need to be able to pay less to post a letter to the next town than to a town 300 miles away. Is that right or wrong? I suggest that it is a matter of opinion.

That is why I believe this amendment will strengthen the Bill. It provides a period of certainty and stability for the public and for any prospective purchaser of Royal Mail. Rather than leave Ofcom with the vague remit to review the universal service “from time to time” it ensures that for a period of five years the current minimum requirements making up the universal service obligation are safe. It protects uniform pricing as well as daily letter and packet collection and delivery to all homes. It protects freepost services for blind people that would otherwise be disproportionately expensive because of the additional weight of braille materials.

The universal service is essential to small businesses. The Federation of Small Businesses notes that small businesses are really struggling in the current economic climate and is concerned that changes to Royal Mail and the Post Office will leave them without access to an accessible and affordable UK-wide postal service. The concerns raised by the federation are stark. It states:

“Given that more than 99 per cent of all businesses in the UK employ less than 50 people, and are dependent on Royal Mail and the Post Office, the importance of the universal service obligation is paramount to their survival and future growth”.

Ensuring that the current minimum requirements are maintained for five years would give pause to those who might want to use the sale of Royal Mail as the opportunity to reduce the level of service to which we are accustomed. To take just one all important example, it would protect the principle of a uniform price for a stamp wherever you happen to live. The public want to see their current service maintained. The Bill as drafted leaves too many loopholes for those who might want to erode the current minimum requirements that make up the universal postal service. I urge your Lordships to support this amendment to protect our cherished universal postal service in order to ensure that small businesses, pensioners, people with disabilities and everyone else in our society who has come to rely on the universal service are protected.