Avanti West Coast Contract Renewal

Debate between Cat Smith and Kevin Foster

Tuesday 25th October 2022 Commons Chamber

[Cat Smith (Lancaster and Fleetwood) (Lab)]

(Urgent Question): To ask the Secretary of State for Transport if she will make a statement on her decision to renew the contract for Avanti West Coast to provide passenger services on the west coast main line.

[The Minister of State, Department for Transport (Kevin Foster)]

On 7 October, a short-term contract was entered into with the incumbent operator for the West Coast Partnership. The contract extends the delivery of the West Coast Partnership and Avanti West Coast business for six months until 1 April 2023. This gives Avanti a clear opportunity to improve its services to the standard we and the public expect. The Government will then consider Avanti’s performance while finalising a national rail contract for consideration in relation to the route, alongside preparations by the operator of last resort should it become necessary for it to step in at the end of the extension period.

The primary cause of Avanti’s recent problems is a shortage of fully trained drivers. Avanti was heavily reliant on drivers volunteering to work additional days because of delays in training during covid. When volunteering suddenly all but ceased, Avanti was no longer able to operate its timetable. Nearly 100 additional drivers will enter formal service between April and December this year, and Avanti has begun to restore services, initially focusing on the Manchester and Birmingham routes.

From December, Avanti plans to operate 264 daily train services on weekdays, a significant step up from the circa 180 daily services at present. We need train services that are reliable and resilient to modern life. Although the company has taken positive steps to get more trains moving, it must do more to deliver certainty of service to its passengers. We will hold Avanti fully to account for things in its control, but this plan is not without risk and, importantly, requires trade union co-operation. The priority remains to support the restoration of services before making any long-term decisions.

In assessing options for a longer-term contract, the Secretary of State will consider factors including outcomes for passengers, value for money and the delivery of major projects and investment—in this case High Speed 2, given the links to its future delivery model. To put it simply, things must improve during this probation period for the contract to be further extended.

[Cat Smith]

I declare an interest, as I suspect many Members will, as a long-suffering traveller on the so-called rail service on the west coast main line.

By giving Avanti this six-month contract extension, after months of failure and rail chaos, this Government are frankly rewarding that failure. Avanti promised to improve services back in September, and instead it has gone and cut services, introduced this emergency timetable and almost entirely stopped selling tickets online.

The provision of reliable train services is essential for the economic growth and prosperity of more than half the UK’s population. I seek clarification on the metrics the Minister will use to assess improvement or, indeed, further failure, given that the bar is currently set so low. It is clear that the west coast franchise has been fundamentally mismanaged by Avanti. These significant failings mean that staff morale is at an all-time low, which is reflected in the industrial action taken by trade unions. Staff report being overworked and understaffed due to the company’s failure to recruit sufficient staff and fill vacancies. I understand that many station ticket offices are understaffed and, in many instances, the company is failing to meet its regulated ticket office opening hours. As the Government are so tightly managing this contract, what are they doing to resolve these industrial disputes and the issues affecting staff at Avanti?

It seems that the Government are intent on rewarding failure. Rather than bringing the franchise in-house, they have given Avanti an extension. The Government have given Avanti precisely the same management fee despite it running dozens fewer services. This means Avanti stands to receive fees, or profits, worth £6 million for this period. This profiteering is supported by the Government and paid for by taxpayers and passengers. Avanti is part-owned by the Italian Government, so why not the UK Government instead? We could then reinvest any surplus revenue in improving the network for passengers rather than seeing it seep out in profits. When will the Government stop rewarding Avanti’s failure and instead strip it of its franchise and bring the west coast main line back into public ownership?

[Kevin Foster]

What metrics will we use? As with all rail contract awards, the Government will act in accordance with the franchising policy statement made under section 26(1) of the Railways Act 1993, which is already publicly available, in assessing whether to award a new contract. As I have said a number of times from this Dispatch Box, we are clear that the current service is unacceptable and will look for significant improvements before April if we are to extend this contract any further.

I always say that bringing something in-house is not necessarily a magic bullet, as the hon. Member for Coventry South (Zarah Sultana) demonstrated with her recent tweet when travelling on London North Eastern Railway, which is operated by the operator of last resort. For example, there might be issues related to infrastructure, which is of course publicly owned.

Avanti has a plan for improvement and the significant restoration of services in December, and we are seeing new train drivers being trained. Of course, we are seeing the wider impact of industrial action on the network, on which we and the Opposition have very clear views. They support it one day and not the next.

We believe there is a credible plan. There is daily interaction between Avanti and the Department for Transport, with weekly interaction at the most senior level. Ministers are regularly updated, too. We are making sure that a firm eye is kept on this, and we receive regular representations from Members of this House on what needs to happen to ensure this line provides the type of service we all want to see.

Great British Railways

Debate between Cat Smith and Kevin Foster

Monday 24th October 2022 Commons Chamber

[Kevin Foster]

My right hon. Friend is absolutely right. Clearly, demand patterns have changed dramatically during the pandemic. For example, a lot fewer people are commuting into London at 7 am to 9 am and then leaving between 5 pm and 7 pm, or they are doing that three or four days a week rather than five, so there is a need to look at how we can adapt. We are giving slightly more flexibility to some operating companies, and looking at how we use our ticketing and, in particular, our ticket pricing. The rail sale was a great way of getting a lot of people on to trains that might otherwise have been relatively quiet, producing new revenue to the railways. In addition, as I said in response to the SNP spokesperson, Lumo is targeting traffic that goes by air to get it on tracks.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

My constituents would really struggle to describe British railways as “great”, because their lives are made a misery by Avanti and TransPennine, which continually cancel trains, leading to their missing job interviews, school and education. Today, a commute that should have taken me two and a half hours took me almost five—I only just made it in time for Education questions. May I ask the Minister why on earth his Government extended the contract with Avanti? Frankly, my constituents do not understand why.

[Kevin Foster]

We made it clear when we extended the contract for only six months that it was a probationary period, to allow Avanti to implement the recovery plan that it has and is intending to bring forward in December. We will judge whether to extend its contract any further based on how that goes.

HM Passport Office Backlogs

Debate between Cat Smith and Kevin Foster

Wednesday 27th April 2022 Commons Chamber

[Kevin Foster]

Again, I am happy to pick up separately the particular case. As I have touched on, the 10-week standard is there, and we have not had to expedite many cases beyond 10 weeks. I would not want to speculate on whether there are issues with the application, but I am certainly happy to look into the specific case and get an answer.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

There are dozens of cases I could raise with the Minister this afternoon, but I will raise the case of Helen, about which my office has been on hold for just over two hours. She spent £7,000 on a holiday and is due to fly out on Sunday. She applied for her passport in January. My staff may get cut off again on the MPs’ hotline, so is there anything that the Minister can do to make sure that my constituent Helen will go on holiday? If she does not, what can she do for compensation, because that was a very expensive holiday?

[Kevin Foster]

I am certainly happy to pick up the point. Certainly if it has been going on since January, I suspect we are now beyond the 10 weeks, and something should be done. Obviously I do not want to get into speculation about issues with the application—that would not be appropriate on the Floor of the House—but if the hon. Member supplies me with the details, I will be happy to look into the case.

Oral Answers to Questions

Debate between Cat Smith and Kevin Foster

Monday 12th July 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

Comprehensive guidance and training plans have been developed and are continually reviewed to ensure that all Border Force and frontline officers are trained in new policy, process and system changes relating to covid-19 border health measures, including those set by the devolved Administrations. That comprehensive guidance includes training and shift briefings.

[Cat Smith [V]]

RDI Trucking based in Preesall in my constituency provides international logistics for Formula 1 and other racing industries. Under coronavirus legislation, they are international transport workers. Therefore, as essential workers the legislation applies slightly differently to them, providing an exemption from the requirement for a negative test prior to cross-border travel. However, they have been having some issues in applying that. Will the Minister take the time to meet me and my constituent Baz Scott to discuss some of the issues he is facing in his industry?

[Kevin Foster]

I am certainly happy to look into that if the hon. Member provides the detail. She will appreciate that Border Force’s first priority is to maintain our defences against covid-19. However, as part of our work, we are looking to move exemption decisions away from the border and to have more automatic checking. That is in everyone’s interests, including those passengers who need to comply with the regulations and would otherwise be stood behind those trying to prove exemptions at the primary control point.

Oral Answers to Questions

Debate between Cat Smith and Kevin Foster

Monday 10th February 2020 Commons Chamber

[Kevin Foster]

Absolutely, and the suggestion from the Scottish Government that it would be implemented via the Scottish tax code is rather defeated by the fact that Scottish Members of Parliament are on the Scottish tax code but work across our United Kingdom, and rightly so. So, yes, we will work with interest groups across Scotland to make sure this system works for Scotland as part of our United Kingdom, on a points-based basis. Again, we will focus on what works and what is successful, not on what pleases the separatist grievance agenda.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

7. What recent assessment her Department has made of the adequacy of the number of police officers in Lancashire.

Oral Answers to Questions

Debate between Cat Smith and Kevin Foster

Wednesday 10th July 2019 Commons Chamber

[The Parliamentary Secretary, Cabinet Office (Kevin Foster)]

I recognise the passion with which Cornwall’s champions in this House put the county’s case, but the Government will be guided by the ONS’s recommendations to Government and Parliament regarding the demand for particular questions in the next census.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

This morning’s Committee on Climate Change report should make stark reading for the Cabinet Office, which has a responsibility to co-ordinate the cross-governmental response to climate change. What steps is the Department taking to meet the climate change demands on the country?

Oral Answers to Questions

Debate between Cat Smith and Kevin Foster

Wednesday 5th June 2019 Commons Chamber

[Kevin Foster]

EU law makes it clear that we have to supply details of the declarations sufficiently before polling day, which rather conflicts with the Scottish National party idea, suggested a couple of weeks ago, that we could fill in declarations at the polling station. Quite clearly, something cannot be done before polling day if the information is collected on polling day. We were clear that, with the timescales, we followed the legal process that was there from previous European parliamentary elections and complied with all our legal obligations.

[Cat Smith (Lancaster and Fleetwood) (Lab)]

On this matter, the Minister appears to be taking his cue from Shaggy, protesting, “It Wasn’t Me”. Six times yesterday, he refused to apologise to these EU citizens who have been disenfranchised. Can I suggest that he change the record and perhaps take his cue from Timbaland, and “Apologize”—apologise to those European citizens who have every right to vote in these elections, but were turned away on polling day?

[Kevin Foster]

It does seem like a bit of a broken record from the Labour party, and not an acceptance that this is exactly the same process EU citizens had to follow to vote in European parliamentary elections while the Labour party were in government. The best assessment will be the one done by the Electoral Commission, which will do so independently, following a statutory duty to review major polling events.

EU Parliament Elections: Denial of Votes

Debate between Cat Smith and Kevin Foster

Tuesday 4th June 2019 Commons Chamber

[Cat Smith (Lancaster and Fleetwood) (Lab)]

(Urgent Question): To ask the Minister for the Cabinet Office if he will make a statement on why non-UK EU citizens were denied their right to vote in the European parliamentary elections.

[The Parliamentary Secretary, Cabinet Office (Kevin Foster)]

The Government took all the legal steps necessary to prepare for the European parliamentary elections and put in place all the necessary legislative and funding elements to enable returning officers to make their preparations. We worked with returning officers, the Electoral Commission and other agencies, such as the Society of Local Authority Chief Executives and Senior Managers and the Association of Electoral Administrators, to support the smooth running of the polls. The Government are greatly appreciative of electoral administrators’ hard work inside and outside election periods, which resulted in a higher turnout than for previous European parliamentary elections.

Electoral registration officers are under a statutory duty to ensure that people who are eligible to vote in elections have the opportunity to do so. For the recent European Parliament elections—as for all previous such elections—that included making sure that EU citizens who are resident in the UK and registered to vote in local elections were made aware that they needed to complete a voter registration and declaration form, commonly referred to as a UC1 or EC6, so they could vote in the UK. The Electoral Commission supported EROs in this and encouraged them to take additional steps to raise awareness of this requirement locally, through social media channels and other means.

The UC1 form implements a requirement under EU law. EU Council directive 93/109/EC requires all member states to send the details of any EU citizens’ declarations to the state they are a citizen of,

“sufficiently in advance of polling day”,

to ensure that an EU citizen does not vote twice in the same European parliamentary election. That is not a new requirement and has been in place for previous European parliamentary elections. Similar provision applies to UK citizens living in other EU member states. The UC1 form was accessible on the websites of the Electoral Commission, local authorities and Your Vote Matters.

On 5 April, the Electoral Commission published guidance for local returning officers and EROs on the upcoming European parliamentary elections. In it, the Electoral Commission reminded EROs to prepare and issue UC1 forms to EU citizens on the electoral register. On 3 May, the Electoral Commission published guidance advising EU citizens to avoid registering to vote using unofficial registration sites. The guidance further stated:

“Any EU citizen who wants to vote in the European Parliamentary election in the UK must also print, complete and return a declaration form stating that they will only vote in the UK.”

The guidance also included a link to the Your Vote Matters website, where the form could be downloaded.

--- Later in debate ---

[Cat Smith]

The numbers of non-UK EU citizens who were reportedly denied a vote in the European elections should be a source of shame for the Government. We are talking about people who live and work here and who contribute to our communities, yet for the past three years they have been insulted, exploited, asked to apply to stay in their own homes and now denied a voice in an election that has massive implications for their futures. Have the Government learned nothing from the Windrush scandal about the consequences of shutting citizens out of public life?

After the previous set of European elections, the Electoral Commission warned that we needed to streamline the two-step registration process, like other European countries have done. Why did the Government refuse to listen? They buried their head in the sand in respect of the elections, even at the eleventh hour when it was clear that the House was not going to pass their botched Brexit deal. The Opposition repeatedly warned that EU nationals were not given enough time and notice. We put forward reasonable requests that could have been adopted to mitigate the risks, such as ensuring that EU citizens were handed a copy of the form when they voted in local elections and extending the deadline by a week to ensure that the forms could be returned.

What was the Government’s response? It was to tell EU citizens to vote in their own country. Not only did that add to the anger and sense of exclusion that many felt, but it was asking people to register to vote in a country that they may not have lived in for decades and where voting registration may well have closed. Does the Minister acknowledge how insulting that was? Will he apologise to those affected? Campaign groups have already raised more than £40,000 to fund a legal challenge; have the Government assessed whether their actions were compliant with the law? The failure to act made this democratic disaster sadly inevitable. In the light of the overwhelming evidence, will the Government conduct a full and urgent investigation?

[Kevin Foster]

We have to be clear that the process was exactly the same as what was required back in 2014 and 2009. The legal structure for how the vote takes place has not changed.

On the deadlines referred to, I can remember having a discussion with the shadow Minister about whether it would be possible to change the registration date, but that would have run up against the clear requirement that we have to share the declarations

“sufficiently in advance of polling day”.

That means sharing them in advance of polling day, not just a day or two before, to allow registers to be completed in home nation states. To be clear, this process has been in place for some years.

I accept the point that obviously people did not necessarily expect the EU elections to happen, given the result of the referendum and the fact that 80% of the people who voted in 2017 did so for parties that had pledged to respect the referendum result—something we have not seen much evidence of on the Opposition Benches. The Electoral Commission will review the European elections, as it reviews any other electoral event, and will look into any issues raised. As a responsible Government, we will of course consider carefully what the Electoral Commission says.

Oral Answers to Questions

Debate between Cat Smith and Kevin Foster

Wednesday 24th April 2019 Commons Chamber

[Cat Smith (Lancaster and Fleetwood) (Lab)]

There are currently 2 million European citizens registered to vote in the UK, many of whom will be using their votes in the local elections next Thursday. However, in order to be eligible to vote in the European elections on 23 May, they will need to complete some paperwork. So far, fewer than 300 of those citizens have completed the paperwork, which would usually have been distributed by electoral registration officers from January onwards. Due to the short timescale for the administration of the European elections, I have heard that many European citizens are considering taking legal action against the Government. What consideration has the Minister given to that, and what measures could the Government take to help European citizens use their vote in the European elections here in the UK?

[The Parliamentary Secretary, Cabinet Office (Kevin Foster)]

I appreciate that the shadow Minister’s point is about the time to make a declaration rather than the registration deadline. She will appreciate that the Government’s approach needs to be determined by the law and what affects it, but I am happy to look at the issue, respond to her in writing and lay a copy of that response in the House Library.