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

Debate between Lord Faulkner of Worcester and Lord Rosser

Wednesday 10th July 2013 Grand Committee

[Lord Faulkner of Worcester]

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]

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.

Protection of Freedoms Bill

Debate between Lord Faulkner of Worcester and Lord Rosser

Monday 6th February 2012 Lords Chamber

[Lord Rosser]

My Lords, the purpose of this amendment is to provide for strengthened and new powers of entry for the police to enter and inspect known or suspected scrap metal dealer premises, and any metal and records kept on the premises, as well as powers to close down dealerships should those premises be suspected of being used for knowingly handling stolen material. At present the police are able to enter only registered premises but this amendment will give the right to enter premises irrespective of whether they are entered on the register, as well as the power to close dealerships.

Considerable concern has been expressed in the light of the increasing incidence of metal theft related to the rise in its value, with the price of copper having doubled to more than £5,000 a tonne since 2009, and the value of scrap metal at an all-time high. This has become a highly organised crime. Metal is stolen to sell on to dealers who will probably smelt it down before selling it on. The impact of such thefts on many people, buildings and organisations is considerable, not least on the railway network and railway passengers and on churches and indeed war memorials, with at least one war memorial a week being stripped in London.

The cost of metal theft is now estimated to be running at £1 billion a year and causing some 16,000 hours of train delays. In total, Network Rail says the cost of such thefts has amounted to some £43 million across the United Kingdom. It is also apparently resulting in the deaths of two thieves a month as they attempt to strip cabling from electricity substations or railways. That last point may not arouse much concern or sympathy, but it is still the loss of two human lives a month which could be avoided and is perhaps a consequence of the current spate of metal thefts that is not often raised.

It is important that action is taken as quickly as possible. At least one major recycling firm has moved to cashless payment, and on Thursday we shall be debating my noble friend Lord Faulkner of Worcester’s amendment to the Legal Aid, Sentencing and Punishment of Offenders of Bill, which provides for cashless transactions to be compulsory in the scrap metal trade. This would be an important action in the drive against metal thefts and I commend my noble friend for his robust campaign on this issue.

We know that police forces are stepping up their activities against this lucrative crime but they need to be given further powers to combat it with maximum effectiveness. One such power is provided for in this amendment, namely stronger and new powers of entry for the police to premises suspected of being used for handling stolen metal and the power to obtain a closure order against a dealership where there is a belief that such criminal activity is taking place. This amendment, providing new powers to the police to enter and close down unregulated scrap metal dealerships, is in line with the recommendations of the Association of Chief Police Officers’ metal theft working group.

Combined with the amendment tabled by the noble Lord, Lord Faulkner, to the Legal Aid, Sentencing and Punishment of Offenders of Bill to ban cashless transactions, this amendment presents a robust package of measures to tackle this growing epidemic. I hope the Government will indicate their support for this amendment and ensure that the police are properly equipped to deal with the increasing incidence of metal thefts. I beg to move.

[Lord Faulkner of Worcester]

My Lords, I have added my name to Amendment 37A, tabled by my noble friends Lady Royall and Lord Rosser, because the new powers that it confers on authorities to enter and inspect scrap metal dealerships represent, as my noble friend Lord Rosser says, an important element in the comprehensive overhaul of the Scrap Metal Dealers Act 1964, which I have been calling for in your Lordships’ House since I asked my Oral Question on the subject on 3 October last year. It also fits perfectly with the move to cashless transactions, which the Home Secretary said in a Written Statement on 26 January that the Government now support. This is the subject of my own amendment to the Legal Aid, Sentencing and Punishment of Offenders Bill, which the Committee will be considering on Thursday, possibly alongside the Government’s own amendments, the details of which we are awaiting.

This morning I met Deputy Chief Constable Paul Crowther of the British Transport Police to discuss this amendment. As the House will be aware, the BTP has been in the lead on the metal theft issue and I again commend it for what it is doing to tackle it. It has asked me to tell your Lordships—and I quote directly from a message it has given me—that:

“The power of closure is something that we would really want for a number of reasons, not least so that we can support legitimate businesses who will comply with the cashless system when it is introduced”.

Over the last four months I have been overwhelmed by the representations that have been made to me about the necessity for government action to tackle what is now a metal theft epidemic. The Transport Select Committee in another place says that the theft of signalling cable was responsible for the delay or cancellation of over 35,000 national rail services last year. There are eight actual or attempted thefts on the railway every day. My friends in the heritage rail sector—and I declare an interest as the president of the Heritage Railway Association—report weekly thefts of metal objects from their yards, depots and sheds, the value of which runs into thousands of pounds. Almost no aspect of our national life has escaped unscathed: manhole covers; war memorial plaques; even huge pieces of art like the Barbara Hepworth sculpture in Dulwich Park or the statue of Dr Alfred Salter in Cherry Gardens, Bermondsey; lead from church roofs and sacred objects from within churches; electricity and telecom cables—the list is endless.

Many of your Lordships will have seen the open letter published in the Times on 11 January that was signed by an impressive array of business leaders, including the chairmen or chief executives of BT, Network Rail, the Energy Networks Association and the Ecclesiastical Insurance company. They called for a complete update of the Scrap Metal Dealers Act 1964. Among the long list of changes they want to see were police powers to close unscrupulous scrap metal dealers, and police authority to search all premises owned and operated by scrap metal dealers—the measure proposed in this amendment. In my view, the police should be given powers to inspect any articles and records kept on site and to close down dealerships should there be reasonable suspicion that they are handling and dealing in stolen metal.

It is abundantly clear that the law needs to be completely rewritten. In the other place tomorrow there will be a debate initiated by officers of the All-Party Parliamentary Group on Combating Metal Theft—I declare a very modest interest as one of its vice-chairs. In addition to the move towards cashless transactions they will call for a robust licensing scheme for scrap metal dealers to replace the present registration scheme, as well as all the measures that have been put forward by industry, the church and the police.

I shall be very interested to hear what the Minister has to say when he responds. I know that we will achieve a cashless regime either on Thursday or at Report stage of the LASPO Bill, but I hope that he will be able to give a commitment that there will at least be comprehensive legislation in the next Session which will rewrite the Scrap Metal Dealers Act 1964.

Public Bodies Bill [HL]

Debate between Lord Faulkner of Worcester and Lord Rosser

Tuesday 14th December 2010 Lords Chamber

[Lord Faulkner of Worcester]

My Lords, I move Amendment 25 because I want to give the Minister an opportunity to describe what the Government envisage will happen to the powers, duties and assets of BRB (Residuary) Ltd if, or rather when, that body is abolished. The Committee may be aware that this company is all that is left of the once mighty British Railways Board, which oversaw the running and ownership of the entire state-owned railway from 1962 until privatisation. BRB (Residuary) Ltd was formed in 2001 to manage most of the remaining property, rights and liabilities of the BRB. These included a diverse property portfolio and the settlement of industrial injury claims submitted by former British Railways employees. The residuary company looks after 148 non-operational sites, many of which were bought in the 19th century to facilitate railway construction. It would like to sell these when market conditions are right. Therefore, my first question to the Minister is: what organisation will be responsible for selling these sites if BRB (Residuary) Ltd is abolished? Secondly, does he feel that this is the right time to get rid of a body that has operated successfully and profitably, at least until there was a revaluation of its assets in 2009?

I should also like to ask the Minister about the property held at the discretion of the Department for Transport for future operational use, such as the platforms and other structures at Waterloo International station, the North Pole international depot in west London, the Old Dalby test track, the Temple Mills bus depot and Glasgow Eastfield depot. What does he envisage will happen to those?

Perhaps most significant and difficult are the 4,000 bridges, tunnels, viaducts and other structures throughout England, Scotland and Wales which no longer form part of the operational railway but still have to be maintained. This is called the “burdensome estate”. It includes structures such as the Thornton Viaduct in Bradford, which no longer carries a railway but is an important part of the Great Northern Trail cycle route. There has been speculation in the media about where these matters will reside once BRB (Residuary) Ltd has disappeared. It has been suggested that the Highways Agency might take over the burdensome estate, such as the redundant viaducts and stretches of land, and I should be grateful if the Minister could clarify that.

Finally, BRB (Residuary) Ltd is also responsible for handling compensation claims from former railway employees who suffered illnesses as a result of their working conditions. Many of these have been related to working with asbestos and other dangerous materials. At 31 March 2010 there were 459 disease and injury claims outstanding against the company. Who will take on the responsibility for the requirement to look after the industrial injury claims of these former railway employees? There are a number of issues here and I look forward to hearing the Minister’s answer. I beg to move.

[Lord Rosser]

My noble friend Lord Faulkner of Worcester has raised a number of important points about the role and responsibilities of BRB (Residuary) Ltd and what the Government’s intentions are in relation to those activities, not least its operational and non-operational property—its estate of some 4,000 bridges, tunnels, viaducts and other structures—and the management of industrial injury claims. I, too, look forward to the Minister’s reply to the points raised by my noble friend.

As he said, BRB (Residuary) Ltd is a residuary organisation staffed mainly by former employees of British Rail who have a detailed and specialist knowledge of the assets and liabilities now managed by the organisation. The company is committed, for so long as it exists, to ensuring that the knowledge held by the former BR staff is retained for use by those who might be responsible for the management of the long-term assets and liabilities in the future. In the light of that, can the Minister say what will happen to the staff of BRB (Residuary) Ltd if it is abolished? Can he give an assurance that any information currently accessible through a Freedom of Information Act request will still be accessible through such a request following any transfer of BRB (Residuary) Ltd’s duties and responsibilities elsewhere?

The criteria against which the Government said their review of public bodies would be carried out were: does the public body have a precise technical operation; is it necessary for impartial decisions to be made about the distribution of taxpayers’ money; and does it fulfil a need for facts to be transparently determined independent of political interference? A public body would stay if it was deemed to have passed one of the three tests.

In June this year, the Minister for the Cabinet Office said that the Government wanted to cut the number of public bodies to increase accountability and cut costs. Can the Minister explain why the Government have apparently decided that the BRB (Residuary) body does not carry out a technical operation, does not have to make impartial decisions and does not need to establish facts independent of political interference, when one of its roles is managing industrial injury claims supported by former BR employees and its staff have the detailed and specialist knowledge of the assets and liabilities that BRB (Residuary) Ltd manages?

Finally, since the Cabinet Office Minister has said that one declared objective of this exercise is to cut costs, can the noble Lord tell us what the contribution will be to the reduction in costs made by abolishing BRB (Residuary) Ltd?