Transport: Bus Services

Lord Faulkner of Worcester Excerpts
Thursday 10th October 2013

(11 years, 1 month ago)

Grand Committee
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Baroness Kramer Portrait The Minister of State, Department for Transport (Baroness Kramer) (LD)
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My Lords, I thank your Lordships for the debate so far. It is an extraordinary privilege for me to be here today. I could not open in any other way than to thank the noble Earl, Lord Attlee, who so stalwartly responded to questions, many of them from people present at today’s debate. He may not have a large shoe size, but his are nevertheless large shoes to fill; I feel that as I stand here.

I also had a joke to open with. However, the noble Lord, Lord Rosser, has taken advantage of me and talked about my facing two debates today already. Instead, I will make just one statement, because I want it to be absolutely clear: this Government have no plans to withdraw concessionary fares for older and disabled people. They are enshrined in law and that remains the position. I want to make that clear before we discuss any other issues.

We can all agree that buses play a vital role in our economy: 4.6 million bus journeys were made on local buses in England in 2011-12. They are essential for people to get to work and to education. They are a lifeline for many people, enabling them to socialise. Over half of those outside London who rely on the bus do not have access to a car. Studies such as those from the University of Leeds have reinforced the importance of buses to a healthy and growing economy, and that is surely something we all support.

While there has been some suggestion, particularly from Lord Rosser, that the situation is bleak, I suggest that there is evidence to the contrary. Customer satisfaction with bus journeys is high: 84% of passengers are satisfied with their service. We all want to see that figure improved, but let us not deny that that is a mark of success, particularly compared to the past. Under-21s make up a third of bus passengers; as a group they are often fascinated by the car, yet they are accepting the bus as a way to travel. Use among the over-60s is also increasing, especially as a result of the national concessionary pass.

Moreover, the Government remain committed to improving bus services, and expenditure on buses reflects that. This year the Government spent £1 billion on the concessionary travel entitlement and £340 million on direct subsidies to bus operators in England. We have allocated over £300 million to major bus projects in the last year, and we have provided £70 million, through the Better Bus Area fund, for improvements in 24 local authority areas.

Let me pick up the issue of demand-responsive transport, raised by my noble friend Lady Scott of Needham Market. We have allocated £20 million to support community transport. This is an area of real interest and challenge because it is going to take an intelligent and innovative approach to work out how to provide transport to areas where demand is irregular and sporadic. It means that local authorities will have to bring together the community, so that many others in the community—the voluntary services and stakeholders—can try to look for answers to this. It is one of the reasons why the Government have said that the answers have to be found in the local community, which understands the local problems, rather than imposed constantly from Whitehall. She also raised the home-to-school transport issue. I need to understand that better, and I promise to try to do so.

The Government have provided £600 million for the Local Sustainable Transport Fund and £95 million for four rounds of the Green Bus fund, but we can still do better. The Government’s Green Light for Better Buses sets out our plans for buses. The proposals include reforming bus subsidy, improving competition, improving local authority capability in tendering—and let us not underestimate the difference that can make—incentivising partnership working and multi-operator ticketing, which is a particular interest of mine, and making access to bus information and ticketing easier for all. Perhaps some of that is a result of my London experience.

There is no doubt that we are operating in challenging economic times. The Government must ensure that the bus market is still attractive to all operators, large and small—precisely the point raised by my noble friend Lord Bradshaw. They must find ways to allocate funds fairly, while keeping in mind the best value for money for taxpayers. There is a balance and it is not necessarily an easy set of answers.

The bus service operators grant, paid to bus operators, has historically been provided in a blunt, untargeted way, related to fuel consumption. But from January 2014, the bus subsidy previously claimed by operators of non-commercial services will be devolved to local authorities. I hope that that will drive forward that kind of innovation and new thinking. That money will be ring-fenced until 2017 to ensure stability and will allow local authorities to make the best local-level decisions about the provision of non-commercial bus services.

As several noble Lords around this table have said, some local authorities have argued that they can make the bus subsidy deliver better value for money by working in partnership with their bus operators to grow the bus market. We can all agree that Reading and Nottingham are fine examples of the sort of excellent bus service that can be achieved through that kind of partnership. The noble Lord, Lord Rosser, acknowledged that. It is precisely what the four new Better Bus Areas, which I announced today in a Written Ministerial Statement, are intended to test; I thank my noble friend Lord Bradshaw for his kind comments on that. The policy relies strongly on partnership with commercial bus operators, rather than contractual relationships. That is a significant element of a more positive approach.

As the noble Lord, Lord Rosser, has said, Better Bus Areas are quite distinct from quality contract schemes, where, in effect, the local authority follows something much closer to a London model. I feel very strongly that local authorities and local communities should be making the decision about which way they should go on this. If I understood the noble Lord, Lord Rosser, he took that position as well. Some will go one way and some will go another, but I believe that it is absolutely vital that Whitehall does not try to pretend that it understands the needs of each local community. Providing that flexibility to go in two directions seems to be something that we should see as a strength, not as a weakness.

I also want to stress that the Government are committed to protecting the national bus travel concession. I talked about that and made a very clear statement. I love my freedom pass; I suppose I should declare that I have one in case that could be considered a conflict of interest. I know that it changes people’s lives.

A number of people, including the noble Lord, Lord Rosser, recognise that there is a serious issue of young people’s travel, and it is a complex area. While there is no statutory obligation to provide discounted travel to young people, many commercial and publicly funded reductions are available. I make it clear that this is an area that I want to explore. I think that we could do a lot more work in this area and see what possibilities there are, because I take on board many of the issues that have been raised here. I congratulate those local authorities—I think that Brighton is one example—which have provided discounted fares to young people. We therefore have a beginning point for seeing what the impact is and for putting a great deal more thought into this.

Let me try in the minutes that I have left to make sure that I have covered some of the issues that were raised—where I have not, I will of course write to noble Lords. My brain is not yet trained to grasp every point in the way that it should be and, I hope, eventually will be.

On the reimbursement of concessionary fares, the underlying principle, as the noble Lord, Lord Bradshaw, said is: no better off and no worse off. It is an EU regulation and there is plenty of guidance around all this. I am very happy to meet those who think that it is not working effectively, but I should point out that, at the end of a process, bus operators can appeal to the Secretary of State on this issue—indeed, during the past two years, the number of those appeals has fallen, so this may be less of a problem than we might initially fear. I agree, however, that getting that sorted is very helpful if we are going to start thinking through the issue of concessions for young people.

On traffic commissioners and their role in competition, I am sure that I was handed a note and, if I was, I cannot find it. However, I shall pick that up; I am not yet familiar with the issue of traffic commissioners and what they do. Obviously, because they are regional, they can have an impact in a way that I should be aware of, so I will come back and answer that question.

The noble Lord, Lord Berkeley, talked about bus lane enforcement. In London, on TfL roads, that is obviously a matter for the mayor; otherwise, it is a matter for local authorities. From personal experience, I think that most people seem to regard enforcement as ruthless rather than soft. There are certainly successful examples, such as in York, which has employed enforcement officers. This is another area where we must look to local communities to work out how it can be done within their own community. I would be hesitant about Whitehall trying to suggest that there is one way to carry out enforcement, but I take the point that the noble Lord makes.

I again apologise if I have missed any points that noble Lords may have made. I will cover them in letters—we will go back through Hansard and make sure. I assure the Committee that the Government believe in buses. Our vision is for a better bus service with more of what passengers want. We want punctual, interconnected services; we want them greener; it is essential that they become fully wheelchair-accessible; and we need widely available smart ticketing. I know from the experience of London what an impact some of those “soft issues” can have on the effectiveness, the attractiveness and the success of a bus service. A more attractive, more competitive and greener bus network will encourage more passengers, cut carbon and create growth. I believe that those are grounds on which we can all agree.

Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
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I am afraid that I shall have to ask noble Lords to contain their impatience until 4 pm. The rules of the Grand Committee do not allow the next debate to start before the appointed time, even though I look around and see that every speaker is here. I am afraid that I have no discretion on that.

Airports: Passenger Numbers

Lord Faulkner of Worcester Excerpts
Monday 15th July 2013

(11 years, 4 months ago)

Lords Chamber
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Earl Attlee Portrait Earl Attlee
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My Lords, as I tried somewhat clumsily to explain, we have to make sure that air passenger duty is not a tax on fuel. Therefore, we cannot tax per mile because, effectively, that would be a tax on fuel and we would fall foul of the Chicago Convention. It is, I accept, a fairly crude calculation and you can get peculiar results, as my noble friend suggests.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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Can the Minister give an assurance that the claims of Birmingham Airport will be considered in the airport review, bearing in mind that it is the one airport in the country that has spare capacity; that there is not the degree of opposition to expansion and building new runways there that exists at Heathrow, Gatwick or Stansted; and that it will be less than an hour from London by high-speed train?

Earl Attlee Portrait Earl Attlee
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My Lords, I can assure the noble Lord that the Airports Commission will take into account the benefits of Birmingham Airport and, in particular, the arrival of HS2, because that will make a big difference. I am certain that that will be within its calculations.

Public Bodies (Abolition of BRB (Residuary) Limited) Order 2013

Lord Faulkner of Worcester Excerpts
Wednesday 10th July 2013

(11 years, 4 months ago)

Grand Committee
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In conclusion, the Government are confident that the abolition of BRBR and the transfer of its functions, properties, rights and liabilities to successor bodies will not only ensure business as usual but reduce overheads and management layers, as well as representing a good deal for the taxpayer. I beg to move.
Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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My Lords, I intend to speak very briefly about this order. I agree completely with the Minister in his tribute to the work of the board of BRBR and its staff over the 12 years or so of its existence. The Minister may remember that I spoke about the inclusion of BRBR in the Committee stage of the Public Bodies Bill on 14 December 2010. The Minister has referred to how the British Railways Board (Residuary) has gone about fulfilling its responsibilities since 2001, and I agree with him that its record has been excellent in many respects. I have been particularly impressed by how it has dealt with the 6,400 or so industrial injury and other health claims from former BR employees, to which the Minister referred in his speech. I hope that these will continue to be dealt with as expeditiously in future as they have been by BRBR until now.

BRBR has also done really well in discharging its railway heritage responsibilities, and I thank the Minister for his reference to this issue in his speech. I speak as a former chairman of the Railway Heritage Committee and the current chair of its successor body, the Railway Heritage Designation Advisory Board, which as part of the Science Museum Group has taken on the RHC’s statutory powers of designation. This is partly thanks to the efforts of the Minister, who supported us in resisting its abolition under the Public Bodies Act 2011.

Very many significant railway artefacts have found their way to BRBR stores. The Minister referred to the drawings, which are literally priceless, but there are also some wonderful paintings from the railways’ art collection. Many of those are now on public display in museums and galleries all over the country as a result of, first, the statutory designation, and then the disposal procedures of the RHC and the co-operation of BRBR.

The other great contribution that BRBR has made in this area is in supporting the Railway Heritage Trust which, under the chairmanship of Sir William McAlpine, plays a huge part in restoring and preserving historic railway buildings. BRBR has been instrumental in securing third-party funding for the Railway Heritage Trust, particularly from Network Rail. In this context —I hope that the Minister will allow me to do this—I should like to put on record my own tribute to one of the unsung heroes of Britain’s railways, Peter Trewin, who is the legal and secretariat director of BRBR. He was also the secretary of the British Railways Board. He is a lifetime career railwayman, whom I knew first when he worked with Sir Peter Parker more than 30 years ago. He has played a crucial role in ensuring that the railway takes its heritage responsibilities seriously. I should like to thank him on the record for that work.

There is one further matter that I wish to raise with the Minister. He talked about burdensome estate— the structures that were once part of the operational railway—and that in the main these will be transferred to the Highways Agency. Can he give an assurance that this will not lead to roads being built on these remaining railway track beds? He will know from reading my recently published book that once the infrastructure has been built on, the opportunity to reopen railways on it is lost for ever. There are a number of heritage railways—I declare an interest as president of the HRA—that are looking at long-disused lines as future potential routes. We may also wish one day to restore some lines to the national network, as the demand for rail travel grows. That will not be possible if the infrastructure is converted into a road and we must not close down those options. I hope that the Minister will agree.

Lord Rosser Portrait Lord Rosser
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My Lords, I add my appreciation to that expressed by the Minister and my noble friend Lord Faulkner of Worcester for the work done by BRBR, and for the staff of that organisation. I thank the Minister for explaining the background to the order and the reasons for abolishing BRB (Residuary) Ltd, and transferring its functions to the Secretary of State for Transport and Network Rail (Assets) Ltd. The property rights and liabilities of BRBR will then be transferred to successor bodies in the transfer scheme, so I understand that it will be laid before Parliament after being made.

BRB (Residuary) Ltd is wholly owned by the British Railways Board. Perhaps the Minister can say what will happen to the BRB following the abolition of BRB (Residuary) Ltd, what functions and responsibilities it will continue to have, and for how long. The Explanatory Memorandum says that liability for handling claims in respect of industrial injuries, employment and environment-related claims, resulting from BRB activities as an operator of trains, ships and hotels, will transfer to the Secretary of State. Can the Minister give an undertaking that this will not result in a harder or a more long-drawn-out approach being adopted to such claims as a result of this transfer? How many claims are still in the pipeline and how many individuals do they cover?

I also support the request of my noble friend Lord Faulkner of Worcester that the assurance given in the Explanatory Memorandum that the abolition of BRB (Residuary) Ltd will not result in any change in the current process for releasing land designated for rail use, disposal, or for alternative non-transport use should be repeated by the Minister and thus placed on the record, including in the very specific terms that the noble Lord, Lord Faulkner, was seeking.

The order deals with the abolition of one body. How many other bodies for which the Department for Transport has overall responsibility are still awaiting the outcome of a review of whether they should remain in existence or be abolished? A few weeks after we questioned whether taxpayers were getting value for money with four separate publicly funded motoring bodies, the Government announced that they were reducing the number of agencies from four to three. Is the department now looking at other issues concerning the number of bodies for which it is responsible, including whether we need even three separate government agencies delivering services to motorists, and whether we need a separate company to deliver HS2 when we already have Network Rail, which is responsible for rail infrastructure? In view of the fact that some rights and liabilities of BRB (Residuary) are being transferred to LCR, do the Government see a long-term future for London and Continental Railways Ltd and, if so, is that in its current role or a changed role?

We are certainly not opposed to the order and I hope that the noble Earl will be able to provide the answers and assurances that have been sought by my noble friend Lord Faulkner of Worcester and me.

Growth and Infrastructure Bill

Lord Faulkner of Worcester Excerpts
Monday 4th February 2013

(11 years, 9 months ago)

Lords Chamber
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Lord Greenway Portrait Lord Greenway
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My Lords, I shall speak also to Amendments 75B, 77ZA, 77ZB and 77ZC. The amendments are to do with safeguarding port land.

Amendments 75A and 75B to Clause 22 are intended to preserve the possibility of special parliamentary procedure in relation to compulsory acquisition of land of certain types of transport statutory undertakers. Clause 22 relates to Section 128 of the Planning Act 2008, which provides for development consent orders authorising the compulsory acquisition of land of local authorities and statutory undertakers to be subject to special parliamentary procedure. As currently drafted, Clause 22 would repeal the whole of Section 128. The amendments would instead remove the reference to local authorities and the general reference to statutory undertakers in that section and restrict its application to land of harbour and railway undertakers. These are providers of infrastructure for public benefit, and it is important that land required for these purposes should continue to enjoy the additional level of protection which this procedure confers. Since Section 128 is not to be repealed in its entirety, Section 129 of the Planning Act, which relates to the operation of Section 128, will continue to need to apply. Amendment 75A would also remove its repeal.

Amendment 77ZA would delete subsection (4) of Clause 22, which repeals provisions which also relate to Sections 128 and 129 of the Planning Act. The proposal that these provisions remain makes repeal unnecessary.

Amendments 77ZB and 77ZC follow on from the previous amendments. Clause 23 modifies and limits the scope of special parliamentary procedure in relation to compulsory acquisition of land in certain cases where the Bill is not removing the process altogether; that is, in cases where special parliamentary procedure is triggered under what the Bill describes as a “special-acquisition provision”. It is accepted that if special parliamentary procedure is still to apply under Section 128 of the Planning Act in relation to land of transport undertakers, it should be subject to the same limitations. These amendments would include Section 128 in the definition of special-acquisition provision. This means that the modifications to the procedures would apply to any case in which special parliamentary procedure was triggered by Section 128.

These are in the way of probing amendments. I am seeking assurance that the Government realise the importance of safeguarding port land. If the Minister can give me reassurance on this, and says that the amendments are unnecessary and that the Government are content with the status quo, I will be happy with that. I beg to move.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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My Lords, I start by thanking the Ministers—the noble Baroness, Lady Hanham, and the noble Lord, Lord Ahmad of Wimbledon—for taking the time to see me with their officials last Thursday to talk about the amendments I have tabled to Clause 23 in the next group and also about my objections to the inclusion of Clause 22 in the Bill.

Your Lordships may recall that I spoke about special parliamentary procedure—SPP—at Second Reading. That was based on my experience of serving on the Rookery South Joint Committee. I shall not repeat the arguments that I used then, other than to repeat the point that SPP has been triggered very rarely—only three times since 1990. While the eventual majority decisions of the Rookery South Joint Committee were not ones I supported—both the noble Lord, Lord Geddes, and I felt that the promoters of the resource recovery facility had a case to answer in terms of demonstrating the need for such a large project—I believe that the public interest was served in our deliberating in a Joint Committee. Had this Bill been an Act last year, with Clauses 22 and 23 contained within it, the Rookery South Joint Committee would not have taken place.

Since Second Reading, I have been sent two pieces of briefing on why Clause 22 should be removed from the Bill. The first relates to a battle against road-builders in High Wycombe in 1965. The redoubtable Kate Ashbrook, general-secretary of the Open Spaces Society, has described what happened on her blog, from which I shall quote some extracts:

“Wycombe Rye is a stretch of public open space on the east side of High Wycombe, Bucks, extending alongside the River Wye … The rye is a treasured spot, 68 acres of land vested in Wycombe District Council and its predecessor body … since 1927 … Looking at it now you might think it had always been safe. Not so. In 1962 part of the land was threatened with a compulsory purchase order, to enable the inner-relief road to be built across it”.

That road had been approved following a public inquiry. She goes on:

“There was a further inquiry into the appropriation of 2.4 acres of open space, but on the inspector’s recommendation, the minister”—

of the day—

“confirmed the appropriation order, under the Acquisition of Land (Authorisation Procedure) Act 1946, on 5 February 1965. Fortunately no land was offered in exchange, so the order was subject to special parliamentary procedure … That meant that objectors could petition parliament and present their case to a joint committee of both houses ... Magnificently, the committee ruled that the orders be annulled. The rye has remained intact to this day, saved by legislation which gives parliament the final say on the theft of open space where no suitable alternative is provided”.

However, that protection will disappear if Clause 22 remains in the Bill because,

“instead of such cases being referred to a parliamentary committee, the Secretary of State for Communities and Local Government himself can decide the fate of open space. In future, when compulsory purchase of open space is proposed for development which the government thinks should go ahead quickly, and there is no suitable exchange land or that land is considered to be too expensive, the minister can cast aside SPP and rule that the development proceeds without regard to the open space”.

Powerful arguments in favour of retaining SPP have also come from the Inland Waterways Association, which makes the point that the Canal & River Trust, the body set up following the passage of the Public Bodies Act, holds the waterways it cares for in trust on behalf of the nation in perpetuity. If the CRT is threatened by a compulsory purchase proposal, it has at present the option to go down the SPP route. This, says the Inland Waterways Association, makes the authority threatening compulsory purchase treat the CRT with greater respect and encourages constructive discussion. It claims that if the Bill is passed, the CRT will lose the right to request an SPP. Will the Minister confirm whether it is right in that assertion? If it is, how does he explain the anomaly whereby the National Trust retains the right to call for an SPP on its own land but the Canal & River Trust is denied that? It appears to be the case that the Government are, by their amendment to Clause 22, strengthening the position of the National Trust but at the same time doing nothing to give protection to other bodies with heritage responsibilities. As the Inland Waterways Association puts it, how can the Minister justify the situation where the River Wey Navigation, which is owned by the National Trust and dates back to the 17th century is protected, but the River Lee Navigation, which is five centuries older, is not?

Finally, if Clauses 22 and 23 stay in the Bill, a decision, which was vested in Parliament, will now be taken by the Executive. I caution the Minister to take care in what he wishes for. One advantage from the Government’s point of view about SPP is that it cannot be subject to judicial review and does not apply to decisions taken by the Secretary of State, which can be challenged by JR and will take far longer to resolve than SPP. Certainly, if the Government are threatening open space, they should anticipate the possibility of numerous judicial reviews. I suggest that the Government should now drop Clause 22, take it back for further consideration and perhaps come forward with fresh suggestions on Report.

Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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My Lords, Amendments 76 and 77 are in the names of the noble Lord, Lord Berkeley, and myself, and this perhaps is the moment when I should make my contribution to the debate. I read the speech made by the noble Lord, Lord Faulkner, at Second Reading and his reference to Rookery South. I approach this issue from a rather different angle. If one looks at the history of that energy-from-waste project in Bedfordshire, the SPP—a post-consent process; planning consent had already been given—simply allows the objectors a further opportunity to object. A lot of people feel strongly about energy-from-waste projects.

The noble Lord says that that gives rise to parliamentary accountability. I have to say that until I had studied the briefs on these two clauses, I had been entirely unaware as a Member of Parliament of the activities of the noble Lord and some of his colleagues—the noble Lord, Lord Geddes, was mentioned. I know that my noble friend Lord Brabazon has been involved in similar SPP processes and has regarded them as very long and drawn out.

This Bill is about encouraging growth and investment in the infrastructure. It really cannot make sense to continue with these, as it were, statutory procedures for delaying decisions and action on applications for which consent has already been given after the normal processes. I have to confess to the noble Lord, Lord Faulkner, that I have not studied closely the condition of the waterways, as he obviously has, or, perhaps I may say to the noble Lord, Lord Greenway, the ports.

These two amendments are concerned about, as am I, the application of the special parliamentary procedure for what is called common land,

“open space, fuel or field garden allotment”.

The Planning Act currently provides that a development consent order which authorises compulsory purchase of open space land or a right over such land will be subject to the SPP unless the Secretary of State has issued a certificate confirming that certain prescribed circumstances will apply. I have already said that this is a post-consent approval stage that certainly has the potential to result in—and in some of the cases, not least that of Rookery South to which the noble Lord, Lord Faulkner, has referred, has actually resulted in—very considerable delays for a project that had already achieved planning consent. The procedure can be very costly for the applicants—and, I dare say, for some of the objectors—and hold back the provision of infrastructure projects that support economic growth.

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Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
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My Lords, I am grateful to all noble Lords for the amendments they have tabled, in particular the noble Lords, Lord Greenway, Lord Jenkin and Lord Berkeley, for setting out their proposed amendments to Clause 22. Questions have been raised about the Government’s position in putting forward Clause 22. It may be helpful if I first set out the issues that the Government are trying to address through this clause.

Clause 22 amends the provisions in the Planning Act 2008 which set out when special parliamentary procedure will apply to a development consent order which authorises the acquisition of specially protected land. It also repeals the separate certification process required in certain cases. The Planning Act 2008 brought together a range of different consent regimes for nationally significant infrastructure into a single development consent order. The overall aim of this regime is to provide a more efficient and quicker consenting regime for very large infrastructure projects. Development consent orders can include authorisation for the compulsory acquisition of land, but when certain categories of specially protected land are acquired, special parliamentary procedure can be triggered. The decision by the Secretary of State that such land is to be compulsorily acquired is then transferred to a Joint Committee of Parliament for confirmation. While the special parliamentary procedure is undertaken, the development consent cannot come into effect and work on the infrastructure project cannot start.

The noble Lord, Lord Greaves, talked about the reasoning behind such measures. Delays to infrastructure projects can have a significant knock-on impact in delaying benefits to the local and, indeed, national economy. In the case to which the noble Lord, Lord Faulkner, referred—the Rookery South project in which he was involved—the special parliamentary procedure was triggered for an infrastructure project under the Planning Act. The special parliamentary procedure added more than a year to the consent process. I understand that during this period no work was possible on the project, delaying the creation of up to 300 construction jobs and 80 permanent jobs that would have resulted when the project was up and running.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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I am grateful to the noble Lord for giving way. Has he any estimate of how long it would have taken if the decision had been taken by the Secretary of State and been subjected to judicial review, which was the alternative to the SPP?

Lord Ahmad of Wimbledon Portrait Lord Ahmad of Wimbledon
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That would be speculating but I will come to the specific issue of judicial review in a moment and perhaps address the question at that time.

In more general terms, there is also the strong argument that has been made about the threat of delay, for whatever reason, impacting on the confidence of investors and developers. We are, after all, looking at infrastructure which is supporting the economic growth of our country. In total, new infrastructure creates thousands of new jobs and billions of pounds of new investment, as we all know. Consents for such infrastructure must be provided as quickly and efficiently as possible. We cannot afford to lose those jobs and investment because of delays in finalising consents.

The Government are committed to reform of the SPP and want to ensure that in future SPP is used only in cases where there is a genuine need for further scrutiny by Parliament of a particular ministerial decision. We therefore consider that SPP under the Planning Act should be limited to cases where there is a need for further scrutiny, as I have said. As my noble friend Lord Jenkin rightly said, it should be invoked where there is a real need for further scrutiny based on public interest and, indeed, a general need to weigh up competing public interests of allowing infrastructure development and the protection of certain types of specially protected land.

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Moved by
77ZD: Clause 23, page 25, leave out lines 8 to 26
Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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My Lords, I shall speak also to Amendments 77ZE and 77ZF. I have also given notice that I wish to oppose the Question that Clause 23 should stand part of the Bill. This is, in a sense, a continuation of our previous debate on Clause 22. Perhaps I may first respond to the Minister’s generous offer to convene a meeting with the Canal & River Trust. I am delighted to accept, as, I am sure, the trust will be; I look forward to the meeting.

I shall not repeat the arguments that I put forward regarding Clause 22 but seek simply to state that what the Government propose in Clause 23 goes further than what the two chairmen—the Chairman of Ways and Means in another place and our Chairman of Committees—recommended in their special report on the Rookery South order, when they considered the promoters’ challenges to the locus standi of the petitioners against the order. In paragraph 28 of their report, the two chairmen concluded:

“We urge the Government to amend either the Statutory Orders (Special Procedure) Act 1945 or the Planning Act 2008—or both—so as to ensure a consistent statutory framework for the consideration of future Development Consent Orders subject to Special Parliamentary Procedure. In drawing up revised provisions, the Government will need to consult with the relevant authorities of the two Houses. In the meantime, no further orders of this type should be laid before Parliament until the statutory framework has been amended to resolve these inconsistencies”.

In its proceedings on Rookery South, the Joint Committee decided at the outset that it wished to hear evidence on the whole of each of the petitioners’ cases. The amendments proposed by Clause 23 would have prevented the Joint Committee from doing so. It is likely in future cases, once Clause 23 is in force, that any attempt to petition on issues that are not related to the acquisition of the special land are likely to be challenged at the preliminary stage before the two chairmen.

Despite that, it remains to be seen whether petitioners will be able to raise issues that are not directly related to the acquisition of the land. It has always been a central tenet of compulsory acquisition law that the applicant for the powers must demonstrate that there is a compelling case in the public interest for the land to be acquired compulsorily—a point made with great force by the noble Lord, Lord Greaves, in the previous debate. Those words are embodied in Section 122(3) of the Planning Act. In order for a petitioner to demonstrate that there is no compelling case in the public interest, he should be able to bring evidence to bear about the benefits of the proposals as a whole, compared with the injury that he will suffer when losing his land.

As I said, Clause 23 goes further than the request made by the two chairmen, who limited their remarks to the 2008 Act. No issue has been raised as regards the compatibility between the Acquisition of Land Act 1981—and other statutes that authorise compulsory acquisition—and the 1945 Act; yet the clause seeks to limit the scope of SPP in the 1981 Act and the other examples in the same way as it does for 2008 Act cases. I should be grateful if the Minister can explain why the Government have decided that this should be the case. My amendments would have the effect of limiting the changes proposed to the SPP procedure so that they apply only to development consent orders under the Planning Act 2008. I beg to move.

Lord Greaves Portrait Lord Greaves
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My Lords, I wish to put on record that I support the amendments of the noble Lord, Lord Faulkner.

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Although there has been detail, I have not gone into extended detail on the provisions in this clause. However, it does ensure that, where a provision makes clear that SPP is to be limited to the consideration of the compulsory acquisition of special land, that aim is achieved. Ensuring that such legislation operates as intended is crucial to getting in place the vital infrastructure that this country needs. I therefore hope, based on my reassurances and comments, that the noble Lord, Lord Faulkner, is willing to withdraw his amendment.
Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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My Lords, I can start with the easy bit, which is to thank the noble Lord, Lord Greaves, for his support. What the Minister has said is incredibly complicated. I will need to read it with great care and, I suspect, take advice from people who are much cleverer in this area than I am. I am grateful for the trouble that he has gone to in explaining the Government’s position and, indeed, the whole approach of the Government on the SPP in Clauses 22 and 23. I think that I am in a minority in your Lordships’ House about the need to preserve the significant elements of the SPP operation. However, for the moment, I am happy to withdraw the amendment if the Committee agrees.

Amendment 77ZD withdrawn.

Railways: Fares

Lord Faulkner of Worcester Excerpts
Thursday 31st January 2013

(11 years, 9 months ago)

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Earl Attlee Portrait Earl Attlee
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My Lords, this is largely a matter for the train operating companies. The difficulty for them is enforcing the quiet carriage rules. I like a quiet carriage, but some people do not adhere to the rules.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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My Lords, the Minister is right to draw attention to the availability of advanced tickets, which represent decent value for money in the great majority of cases. Does he share my irritation when one discovers that it is cheaper to buy tickets for a journey by buying two or three tickets rather than a through ticket?

Earl Attlee Portrait Earl Attlee
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My Lords, I was not aware of that particular anomaly, but I hope that the fares review will look at that.

Railways: High Speed Rail

Lord Faulkner of Worcester Excerpts
Monday 28th January 2013

(11 years, 10 months ago)

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Earl Attlee Portrait Earl Attlee
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My Lords, I cannot answer the noble Lord’s first question because I do not know what inflation is going to do. As to his second question regarding whether HS2 will benefit only London: no, HS2 will play an important role in rebalancing our economy, thereby enabling British cities to work together as an economic powerhouse. I have already said that eight of the 10 top cities will be linked together. London will have Crossrail; it is now the turn of Manchester, Leeds, Liverpool, Sheffield and the east Midlands, with further benefits to Scotland and a whole host of cities in the north. We are not simply building a railway—a way to get between two points more quickly—we are connecting people and markets, and providing a platform for development and regeneration around station sites.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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My Lords, I offer my wholehearted support for the Statement and the Government’s strategy on High Speed 2. It is 50 years this year since the Beeching report and 30 years since the Serpell report, which noble Lords may have forgotten had as one of its options a national network of just 1,400 miles. The transformation in the popularity of rail travel and the recognition of the role that rail can play in our transportation has been little short of astonishing. The fact that we can talk credibly about new high-speed railways to the north of England and Scotland demonstrates the fact that demand for conventional rail travel is almost at bursting point, as the Minister said.

Perhaps I may ask the Minister one question and make a further point. Today is very much an endorsement of the approach of my noble friend Lord Adonis, who introduced the very first White Paper on High Speed 2 and set this whole process underway. It would be right for the House to pay tribute to him and his foresight in paving the way for the announcement that the Government have been able to make today.

With reference to what the Minister said about high-speed trains running north on conventional railways, particularly on the west coast main line, can he give an assurance that signalling and other infrastructure on the west coast main line will be sufficiently upgraded to allow these trains to run—obviously not at 300 kilometres an hour but certainly closer to a line speed of perhaps 140 or 150 miles an hour? That will require improvements to the signalling. In that way, it might be possible to achieve the target of reaching Scotland within three hours, which I agree is a very desirable aim.

Earl Attlee Portrait Earl Attlee
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My Lords, I am grateful for the support of the noble Lord, Lord Faulkner of Worcester. I have no difficulty at all in paying tribute to the work of the noble Lord, Lord Adonis. This project is going to cover the life of certainly several Parliaments and maybe even several Governments.

The noble Lord talked about speed on the conventional system. One of the problems if we do not do HS2 is that we will have to do upgrade projects on the west coast main line that might look attractive in terms of a business case but, actually, one will eventually run out of capacity on that line, having spent billions of pounds on those projects. The noble Lord is right. I am not sure of the technical points on how we will reduce the journey times from Scotland to London to three hours, but I will happily write to him on that.

Helicopter Flights: Central London

Lord Faulkner of Worcester Excerpts
Tuesday 22nd January 2013

(11 years, 10 months ago)

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Asked by
Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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To ask Her Majesty’s Government whether they will review the extent of helicopter flights over central London.

Earl Attlee Portrait Earl Attlee
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My Lords, helicopter operations in central London are strictly controlled, and last week’s accident was the first fatal helicopter accident in London since civil aviation records began in 1976. We are waiting for the Air Accidents Investigation Branch to complete its investigation to ensure that the reasons for the accident are understood before we consider whether any further measures are necessary. There is no reason to believe that helicopter operations over London are unsafe.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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My Lords, the safety record of helicopter flying in London has indeed been very good, as the Minister said, but does he not agree that the number of new high-rise buildings around Vauxhall Cross has made the approach to Battersea heliport increasingly hazardous? Can he give an assurance that the inquiry into last week’s accident, which could have been so much worse, will include consideration of whether that heliport should continue to operate?

Earl Attlee Portrait Earl Attlee
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My Lords, it is not for me to prejudge the result of the investigation or to tell the Air Accidents Investigation Branch how it should conduct its operation, as I am sure the noble Lord understands. The Civil Aviation Authority is closely involved in the planning process, and it is unlikely that planning permission would be granted for a high building in the face of opposition from the Civil Aviation Authority.

Scrap Metal Dealers Bill

Lord Faulkner of Worcester Excerpts
Friday 18th January 2013

(11 years, 10 months ago)

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Earl Attlee Portrait Earl Attlee
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My Lords, I shall speak also to Amendments 2 and 3. These three government amendments relate to the expiry and review of the Act. The Government made a commitment during the Bill’s Report stage in the other place to lay these amendments and I hope that noble Lords will view them in good favour.

Amendment 1 inserts an expiry clause into the Bill whereby the Act will automatically expire five years after commencement of the licensing requirement in Clause 1. Clause 18 contains a review provision and I would expect the Government of the day to carefully consider the outcome of the statutory review and bring forward an appropriate response to provide some long-term certainty for the regulation of the scrap metal industry.

While I am sure that the industry would prefer longer-term certainty, the review and subsequent expiry will see early action if this regulation is proving costly, difficult, or ineffective. That said, the Government are confident that the provisions in the Bill will have the desired effect and that any subsequent legislation will be based around this regulatory regime. However, having listened to the arguments made during the Bill’s passage in the other place for the inclusion of an expiry clause, we agreed to its inclusion, which is why we have laid this amendment today so that the Bill will automatically expire five years after commencement.

Amendment 2 modifies the review clause from five to three years. The statutory review will require the Secretary of State to assess the extent to which the Act’s objectives have been achieved and a shorter review period will therefore allow this consideration to be made at an earlier stage. This review will play a pivotal role in the development of future legislation and tie in with the timetable for bringing forward any new legislation after five years.

Finally, Amendment 3 reduces the scope of the review to remove the need to assess whether the Act should be repealed. This requirement is no longer necessary because Amendment 1 inserts a sunset clause—the expiry clause—and the Act will therefore automatically be repealed after five years. The review should, however, focus on assessing the effectiveness of the regime and recommending any future legislation required.

These three amendments will achieve the right overall framework for the future of this regulatory regime and allow for the Government of the day to bring forward effective long-term regulation following an assessment of the effectiveness of the Bill before us. I beg to move.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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My Lords, I hold the noble Earl in the highest regard, so I know he will not take personally the criticism that I going to direct at the amendment which he has moved this morning. In my time here, I can recall a number of occasions when attempts have been made in this House to add a sunset clause to a Bill that has come to us from another place. In every case, these clauses had been felt necessary in order to improve an otherwise unsatisfactory Bill—often to insert a safeguard into a measure that was controversial or threatened civil liberties and human rights. That is not what we have in front of us this morning. This amendment will not improve the Bill; indeed, it will damage it in two material respects.

First, passing the amendment will delay the Bill’s enactment, as it would have to go back to the other place to get the amendment agreed. Given the track record of a small number of Conservative MPs who routinely try to use procedural devices to block Private Members’ Bills, who can be certain that those who threatened to talk out this Bill on 9 November—or some of their friends—would not attempt to do the same thing again? If, however, we pass the Bill unamended, it would not need to return to the House of Commons and could obtain Royal Assent almost immediately.

My second objection to the sunset clause is that it sends the worst possible signal to all those who are desperately attempting to tackle and defeat the metal thieves. Heroic efforts have been made in the last year by the British Transport Police and the civil police, local authorities, trade associations, reputable scrap metal dealers, the churches, the War Memorials Trust, the energy companies, Network Rail and the train operating companies and the Home Office. They have all worked tirelessly to bring down the incidence of metal theft, catch the offenders and ensure convictions.

As I said at Second Reading, as a result of all this activity, the British Transport Police told me that,

“there has been a decrease in reported metal theft of 52%”.—[Official Report, 30/11.2012; col. 412.]

There have been numerous press reports of successful prosecutions and convictions. In my own area recently, we saw the conviction of all eight members of a Romanian gang which had travelled from Birmingham to the Cotswolds to steal engineering cable from the railway worth nearly half a million pounds on the line between Evesham and Moreton-in-Marsh—two towns not known for their incidence of high crime. How can it make sense for this House now to agree an amendment which would take this vital new law off the statute book altogether in five years’ time and give whoever is in government then the headache of having to pass such a law all over again?

Thanks to the diligence of the noble Baroness, Lady Browning, and the Commons sponsor, Richard Ottaway MP, we have an excellent Bill in front of us, which, as every noble Lord who spoke on 30 November believes, will do the job expected of it. I am aware that the Minister in another place gave a commitment to give this House the opportunity to consider the addition of a sunset clause—not to improve the Bill, but in order to buy off the two Members who habitually cause trouble for Private Members’ Bills. The noble Earl has fulfilled that commitment by moving that amendment this morning. It does mean that the House is obliged to accept it.

Airports: Capacity

Lord Faulkner of Worcester Excerpts
Tuesday 8th January 2013

(11 years, 10 months ago)

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Earl Attlee Portrait Earl Attlee
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I agree with my noble friend that if you use bigger aircraft you can get more passengers through Heathrow for the same number of flights.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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My Lords, what proportion of the capacity at Heathrow do the Government estimate will be released if their plans to build High Speed 2—initially to Birmingham and then to Manchester and Leeds—are fulfilled? Is it not the case that when high-speed railways are built on the continent, domestic aviation diminishes and as a result there is spare capacity at airports?

Earl Attlee Portrait Earl Attlee
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The noble Lord makes an important point, but it will not solve our underlying problem that we will still eventually run out of capacity at the London airports.

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

Lord Faulkner of Worcester Excerpts
Monday 17th December 2012

(11 years, 11 months ago)

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Moved by
Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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As an amendment to the above Motion, at end insert, “but that this House, whilst welcoming the Government’s acceptance that the heritage of Britain’s railways is sufficiently special to justify the continuation of the Railway Heritage Committee’s powers of designation and their transfer to the Trustees of the Science Museum Group, regrets that the opportunity was not taken to bring within scope those railway organisations wishing to be covered by the new designation arrangements”.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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My Lords, I congratulate the Minister on the way in which he has introduced the debate and set out the proposed new arrangements, and I thank him for the kind comments he made about me. I shall reciprocate by saying some nice things about him and two of his ministerial colleagues in a moment.

I start by declaring some relevant interests, all of them unpaid. Until 2009, I was chair of the Railway Heritage Committee. I am president of the Heritage Railway Association and I am a trustee of the Science Museum Group and serve as chair of the newly-established Railway Heritage Designation Advisory Board, to which the Minister referred. I am also an officer of both the rail and heritage rail all-party groups. As the Minister said, the order provides for the statutory designation powers of the Railway Heritage Committee to pass to the Science Museum next year, assuming of course that this House and another place pass this order.

This has been a bit of a tortuous journey, but it is one which I hope will have a happy ending. It started badly. The first anyone knew of the Government’s intention to abolish the Railway Heritage Committee came in a leak to the Daily Telegraph on 23 September 2010, which listed all the public bodies down for abolition. This was followed on 14 October by a statement from the Department for Transport saying:

“The Government believes that the RHC cannot be justified as no equivalent protection applies to the heritage of any other transport sector”,

and that the RHC will therefore be abolished. That was it. There was no consultation whatever leading up to that decision, but this was followed by a huge outcry in the specialist press and in the heritage world, and scores of letters were written to Ministers and MPs asking the Government to think again. Interestingly this unease appeared to be shared by no less a person than the Prime Minister. Writing to one of his constituents on 25 October, Mr Cameron said:

“I understand the significant role railways have played and continue to play in the life of the nation. I also recognise the value of preserving evidence significant to our railways heritage”.

The continuation of statutory powers of designation is of particular importance to the heritage railway movement. This covers around 111 working heritage railways and tramways, as well as 60 steam museum sites. There are more than 399 stations on these lines—more than on the Underground network—and there is a fleet of around 800 preserved steam locomotives. Artefacts that are designated, and thus preserved, often find a new life on the heritage railways, and that brings many benefits to local communities and to local employment, skills training and tourism.

The Railway Heritage Committee’s existence and operation stemmed from three distinct Acts of Parliament, two of them passed by Conservative Governments and one by the recent Labour Government, each supported by all political parties. The Railways Act 1993 set up the Railway Heritage Committee at the time of the railways privatisation. The Railway Heritage Act 1996 brought artefacts and records that had passed into the private sector back into the scope of the committee after attempts by Ministers to set up a voluntary scheme was seen to be unsuccessful. That is a point that we need to bear in mind when we hear about voluntary arrangements in future. The Railways Act 2005 conferred NDPB status on the committee following the demise of the Strategic Rail Authority, and the 2005 Act also brought military railways owned by the Ministry of Defence within its scope.

The principle that the nation’s railway heritage is worth preserving goes back a long way. At the time of the railways nationalisation in 1948, the big four private railway companies were meticulous in passing over their principal heritage items to the newly established British Railways. Section 144 of the Transport Act 1968 transferred responsibility for the British Railways Board’s historical artefacts and certain of its records to the Department of Education and Science, and in 1975 the National Railway Museum was established in York. Had the abolition of the RHC gone through as originally intended, much of that good work would have been lost. Not only would nothing of significance to the nation’s railway history have been preserved in future but all 1,300 artefacts and thousands of important historical documents previously designated would have had to be de-designated, with many of them being put at risk.

Fortunately, it was possible to discuss these matters sensibly with Ministers, and I am happy to praise the noble Lord, Lord Taylor of Holbeach—I am pleased to see him in his place—who sought me out after the Second Reading debate on the Public Bodies Bill, and also Theresa Villiers, the then Minister of State for Transport. I should also mention in dispatches the noble Earl, Lord Attlee, whose role in this was also extremely helpful. Quite quickly, we were able to agree an alternative way forward which retained the statutory powers of designation by transferring them to the trustees at the Science Museum, and this is provided for in this order.

There is, however, one aspect of the new arrangements which is not entirely satisfactory and it is the reason I am moving this amendment to the Motion. This is the question of scope. The list of organisations covered by the statutory powers of designation does not adequately cover the modern railway industry. The previous Government recognised this when my noble friend Lord Adonis was Secretary of State. In 2008 and 2009, the DfT carried out an extensive consultation exercise to gauge the degree of support for extending the scope of the RHC following changes in the structure of the railway industry since 1996. There was virtually unanimous support for this proposition. Indeed, Transport for London specifically asked that London’s Underground railways should come within the committee’s scope, as did, perhaps surprisingly, the railway trade unions, which, whatever their discontent with the privatised industry, very much saw themselves as part of the railway family. As a result, a new statutory instrument was drafted and circulated in 2010 but, sadly, was never tabled following the change of Government.

Reverting to where we are today, the Minister has referred to the consultation on the new arrangements that the department undertook earlier this year. This produced almost unanimous support for retaining the powers of designation and transferring them to the Science Museum. One reason why there is so much support within the railway industry for the RHC is that it has always worked happily with the industry and with the grain of the industry. The industry members see it as a helpful partner which not only relieves them of much of the burden of worrying about preservation matters but complements their own very serious commitment to railway heritage.

Writing to Theresa Villiers on 1 August this year, Peter Hendy, the Commissioner for Transport for London, repeated that TfL would welcome inclusion under the scope of the new designation arrangements. He said that he made this point for a number of reasons. I received his permission this morning to quote directly from his letter, which states:

“First it demonstrates the strength of commitment we in TfL have towards our unique railway heritage, and our determination that nothing of significance to the nation’s railway story should be lost. Secondly, bringing TfL within scope would solve an anomaly, in that some of TfL’s operations, having formerly being British Rail services, are in-scope—for example, London Overground—whilst the Underground is not. Thirdly, not being in-scope adds to our regulatory burden, because management time has to be expended unnecessarily on dealing with requests from members of the public—especially railway enthusiasts—to preserve artefacts, when it would be much more efficient and cost-effective to refer such demands to an independent body possessing statutory powers, able to judge objectively what is important”.

These seem to be pretty compelling arguments. They were good enough to persuade Mrs Villiers repeatedly to ask her officials to come up with a formula which would achieve what Mr Hendy and the rest of us wanted. The noble Earl, Lord Attlee, was not unsympathetic either in conversations with my noble friend Lord Davies of Oldham and me.

The legal advice seemed to rest on the fact that to extend scope required a negative statutory instrument, while the abolition of the RHC had to be done by affirmative order. However, bearing in mind that a draft SI had already been prepared in 2010 to achieve exactly what is needed now, it seems to be a pretty feeble reason for not taking the steps before the designation powers transferred to the Science Museum. Mrs Villiers never sent a reply to Peter Hendy or me because she was promoted in the government reshuffle on 4 September. Instead, it seems that within hours letters were put in front of the new Ministers saying, effectively, “Nothing doing on the scope issue”, and they were signed by Simon Burns and Stephen Hammond and sent to Peter Hendy and me.

We are advised to rely on voluntary agreements with organisations wishing to come within scope. The advisory board which I am chairing at the Science Museum will do its best to come up with a suitable short-term solution. However, the Minister knows very well that this cannot be permanent and that a new SI will be needed before long. This amendment to the Motion is about a missed opportunity to get this right from the start. However, I stress that the decision to retain the RHC’s existing powers of designation is warmly welcomed, and I thank the noble Earl for his part in achieving it. I beg to move.

Lord Bradshaw Portrait Lord Bradshaw
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My Lords, I will add to what the noble Lord, Lord Faulkner, has said. I have a feeling that many people might think that we are interested only in collecting engine numbers, steam trains and old things. I was present at the National Railway Heritage Awards last week, and among the winners were some remarkable feats of engineering and advanced technology. These included the repainting of the Forth Bridge in such a way that it should not need doing for 25 years, and the magnificent fourth span at Paddington station which pushed technology a long way. I also mention that much of this work is supported by the industry itself and by a huge number of volunteers. It pushes science and preservation forward and, because of the attractiveness of a lot of this to tourists and our own people going about the country, it is worth preserving for reasons other than sheer nostalgia.

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Earl Attlee Portrait Earl Attlee
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My Lords, I am grateful for the kind words from the noble Lord, Lord Faulkner of Worcester. Noble Lords supporting him seemed to be a bit more strident than the noble Lord himself. As your Lordships will be aware, I am also very keen on the preservation of our country’s transport heritage, particularly road transport vehicles. Sadly, I do not have enough time to get involved with railway preservation. However, no one should underestimate the sterling work of the noble Lord, Lord Faulkner. You can have thousands of volunteers on the ground, as referred to by the noble Lord, Lord Davies of Oldham, but you need the support of people such as the noble Lord to skilfully interface with central government.

In moving his amendment, the noble Lord talked about the scope of the order. The noble Lord will know that Ministers gave very careful consideration to these matters but, for the reasons outlined in my opening remarks, it was not possible to accede to his request. However, we recognise that the structure of the rail industry has changed in recent years, and indeed a number of respondents to the consultation indicated that they should be included in the scope of the designation powers.

Wider changes to the way in which the designation process operates, which would require changes to the 1996 Act, would also be beyond the scope of what can be done in relation to the RHC under the Public Bodies Act. The Department for Culture, Media and Sport will carry out a review within three years, after the designation function has transferred to the board of trustees of the Science Museum, in order to establish whether further bodies, or classes of bodies, should be included within the scope of the 1996 Act and whether the burden on bodies, as a result of the exercise of the designation function, can be reduced.

The noble Lord referred to the problem of well meaning members of the public and the benefits of having the RHC, or an equivalent, to determine these designation matters. I agree entirely. The noble Lord, Lord Grocott, with whom I have never debated before, spoke about the work and the need for the designation function. He is quite right—that is why I was able to persuade my right honourable friend the Secretary of State to retain the designation function.

The noble Lord, Lord Snape, made a great speech but seemed to have missed the point that his noble friend had saved the designation function. It will carry on, as requested by my noble friend Lord Cormack. The noble Lord, Lord Berkeley, asked what the difference was between the RHC and the Science Museum Group. It is not just about the costs but about improving efficiency and effectiveness.

I hope that the noble Lord, Lord Faulkner of Worcester, will feel free to withdraw his amendment and that the House will agree my order.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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My Lords, it has been a very interesting debate and I thank every noble Lord who has taken part in it. In all parts of the Chamber, there have been impressive demonstrations of support for the work of the Railway Heritage Committee, for the cause of railway heritage as a whole and, indeed, for the role of our railways in our society. I thank every noble Lord who has participated.

As I shall be playing a part in the work of the Science Museum advisory board, I hope very much that I will be able to satisfy the noble Lord, Lord Cormack, and my noble friend Lord Snape that in future we will do as good a job as the Railway Heritage Committee has done. I am particularly pleased that there has been such praise for the work of the Railway Heritage Committee, which I have not been a part of for the past three years. I am sure that the members of that committee will be very gratified that there is such support for the work that they have done and that their efforts are being appreciated. I have to tell noble Lords that back in 2010 they did not feel that they were being appreciated and it appeared that the committee was being abolished almost by a stroke of the pen.

My noble friend Lord Snape referred to the sterling work by Mr Michael Portillo in saving the Settle to Carlisle line. If he is interested, and if I might be allowed a small commercial, your Lordships will find in the Library a book, of which I am the co-author, that was published last week called Holding the Line: How Britain’s Railways Were Saved, in which the saving of the Settle to Carlisle line is described in some detail.

Lord Snape Portrait Lord Snape
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Can my noble friend assure me that I get a mention? Otherwise I will not read it.

Lord Faulkner of Worcester Portrait Lord Faulkner of Worcester
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The noble Lord, Lord Snape, has a very good mention in it, which I hope that he will appreciate; not least because he was the source of information that has subsequently appeared in it.

The Minister has asked me not to press my amendment. I am getting pressure from behind me to do that but, in view of the fact that the Government have moved a very considerable distance, and I certainly do not want to fall out with the Minister, who has been extraordinarily helpful, as has his colleague the noble Lord, Lord Taylor of Holbeach, I do not intend to press it this afternoon. I will read very carefully what the Minister has said about the review to be conducted by the DCMS within three years; that is the first time that we have heard that. We will study those words very carefully, and if this can lead to a future new statutory instrument, then that will solve the problem. It is a missed opportunity but it is a great deal better than where we were in 2010. I beg leave to withdraw.

Amendment to the Motion withdrawn.