Suggitt’s Lane Level Crossing

Martin Vickers Excerpts

Tuesday 4th June 2019 Westminster Hall

[Martin Vickers (Cleethorpes) (Con)]

I beg to move,

That this House has considered the closure of Suggitt’s Lane level crossing, Cleethorpes.

It is a pleasure to serve under your chairmanship, Mr Hollobone. As you say, this debate concerns a very important subject. Although it relates specifically to Suggitt’s Lane crossing, it should be considered in the broader context of the accountability of Network Rail, a nationalised company that, on this issue, seems to be unaccountable to the Secretary of State of its sponsoring Department.

In theory, Network Rail can be held to account in a number of ways. The Office of Rail and Road monitors health and safety, has a role in determining the public funding that Network Rail receives and sets certain objectives. Andrew Haines, the company’s chief executive, is personally accountable to Parliament for Network Rail’s use of taxpayer’s money, and the Secretary of State for Transport holds some power over the board’s leadership and management of the business, but accountability on issues that can have a significant impact on local communities seems to be totally absent. For it to be so independent that it is wholly unaccountable and free from adequate scrutiny on such matters as the Suggitt’s Lane issue clearly is unacceptable. If Network Rail is able to dismiss the representations of local residents, councils, Members of Parliament and even the Secretary of State, surely it is time to revisit its structures. That should not and cannot be allowed to continue.

Until recently, the level crossing allowed hundreds of local residents every day to pass quickly and easily to the north promenade of the east coast’s premier seaside resort, without the hassle of a bridge. Let us consider the figures: according to Network Rail, 570 pedestrians and cyclists use the crossing each day. That figure undoubtedly will be higher at weekends and during holiday periods, but even assuming that it is a constant 570, that amounts to 208,050 per annum, which equates to over 2 million in 10 years. According to Network Rail’s figures, in 10 years, there have been just 15 near misses. A near miss must meet specific, closely defined criteria. I will return to those figures shortly.

The proposed closure was first drawn to my attention in a letter from the route managing director, Rob McIntosh, of 3 January. Later that month, Network Rail wrote a similar letter to the then leader of North East Lincolnshire Council, Councillor Ray Oxby, informing him that it had taken the decision to close the crossing—not to consult about it, but to close it. That decision was made before any consultation with local residents, the council or me. In that letter, the route managing director either exaggerated the case or was ill informed when he stated that the crossing was very dangerous, and outlined that over 50 freight and passenger trains traverse the crossing every day at speeds of up to 60 mph.

Let us remember the figure of 15 near misses in the last 10 years. Does that qualify as “very dangerous”? For the record, there are three trains per hour Monday to Friday, one in each direction, on the Manchester service, and the two-hourly service to Barton-on-Humber. In other words, there are three trains an hour almost every hour of a weekday. On Saturdays, there are six extra movements, with services to Sheffield via the Brigg and Gainsborough route. Incidentally, four years ago, a new footbridge was erected at Brigg station. No doubt, that improved facilities for a handful of passengers each Saturday, but the logic of spending thousands on the project is at the very least another example of Network Rail’s questionable priorities.

As for freight trains travelling at 60 mph, not a single freight train is in operation on that part of the line. Trains reduce their speed on the approach to the station, and immediately after passing the level crossing, the speed limit falls to 30 mph. Why not reduce the speed before the level crossing? Trains leaving the station do not have time to reach a high speed, so why not allow them to travel slowly, at 20 or 25 mph, until they have crossed Suggitt’s Lane, which is only a quarter of a mile away?

I raised those discrepancies with the Network Rail representatives in a meeting in March, but they seemed to be of little concern to them. In fact, one of their representatives was forward in telling me that given the opportunity, they would quite happily close every level crossing in the country—a laudable but wholly unachievable aim. Unfortunately, although the crossing has been in constant use by members of the public for 150 years, there seems to be no right of way, so Network Rail has been able to close it. It highlighted a pedestrian bridge a little down the line at Fuller Street and argued that it was a suitable alternative for local residents. It may be suitable for the able bodied, but not for the disabled and those with prams and the like. If it did occur to Network Rail—I am sure it did—that a bridge somewhere down the line would pose a great inconvenience for local residents, it chose to dismiss the issue. It is the lack of disabled access that has been the concern that constituents have raised most frequently with me in recent weeks.

Over the last few months, I have been in frequent contact with Network Rail in writing and in meetings, but no progress has been made. I have raised the matter in the House on five occasions in the last couple of months, and have secured the support of the Under-Secretary of State for Transport, my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones), who is in his place, who asked Network Rail to review its decision. He and I met Network Rail representatives on Monday 8 April to make the case further. They agreed to consider reopening the crossing while they review their plans. I presented a petition to the House, organised by Cleethorpes-based DN35 CrimeWatch, which was signed by over 4,000 local residents who oppose the closure.

Late in April, I had the opportunity to make representations directly to Andrew Haines, the chief executive of Network Rail. I pressed him on the situation and argued that, at the very least, the crossing should be reopened while a review takes place. He promised that he would personally look into the issue, which he duly did and wrote to me to say, “No change.” In a matter of days, I discovered that Network Rail had erected a permanent barrier at the crossing to make it impossible for pedestrians to cross. Clearly, it did not consider the recommendation of reopening very seriously, or in any great detail.

The response from Network Rail to date has been disappointing, but I remain committed to the campaign, and will continue to support local residents, who I am glad to see in the Public Gallery, in their objections to this heavy-handed and ill-advised decision. According to Robert Wainwright, head of level crossings at Network Rail, the UK has one of the best level crossing safety records in Europe. That is especially remarkable as our country has one of the most intensively used rail systems in the world.

Five years ago, the Select Committee on Transport, of which I was a member at the time, produced a report on level crossing safety. I draw hon. Members’ attention to two of its recommendations. The first stated:

“We recommend that Network Rail address criticism of its apparent preference for footbridges as replacements for level crossings and explain what assessment it makes of the impact on disabled people of replacing level crossings with footbridges rather than underpasses.”

The second stated:

“We are concerned that the proposed appeal mechanism for closure orders, using judicial review, will be out of reach for ordinary people and, increasingly, local authorities. We recommend that the DfT consider using alternative dispute resolution, such as mediation by the Office of Rail Regulation”.

[Melanie Onn (Great Grimsby) (Lab)]

Did the Committee not also state in its recommendations that it considered there was merit in applying a public safety test to any diversionary route that may result from the closure of a level crossing? Is the hon. Gentleman aware of whether Network Rail followed that recommendation in this situation?

[Martin Vickers]

I certainly recall that point. I have to confess that I do not know whether it has been followed through. We will wait to see whether the Minister is able to confirm that.

I understand that in the past decade, Network Rail has made a great deal of effort to improve the safety of level crossings. Initiatives such as the introduction of level crossing managers and ever-improving technology have proven successful in improving behaviour at level crossings. From a practical perspective, technology is probably the most effective means of changing outcomes. It is a huge factor in the reduction of deliberate misuse and human error across the country. I see no reason why Network Rail could not implement technology to aid pedestrian decision making at Suggitt’s Lane. Perhaps it could include supplementary audible warnings and overlay miniature stop light solutions.

In September 2013, the Law Commission published a report and a draft Bill containing a series of recommendations aimed at improving the safety and regulation of level crossings. Its suggestions included providing tools to support health and safety regulation, including level crossing plans and enforceable agreements between railway operators and other duty holders, and giving the Secretary of State the power to issue directions if necessary. Those proposals, if properly implemented, have the potential to make level crossings much safer, so that Network Rail feels less incentivised to close them on a whim.

Clearly, a vast number of alternatives to closure are available to Network Rail. I have no doubt that this decision was taken as it was the easiest and cheapest option. There was no need for Network Rail to take into consideration the trouble the closure would cause elderly and disabled residents, given the lack of powers for any person or institution to hold it to account. That is unacceptable, and it must change.

Installing a modern footbridge with disabled access at Fuller Street would prove extremely expensive. Whether the funding for that came from the owner of the bridge, North East Lincolnshire Council, or from Network Rail, it would be public money. I question whether public money should be spent on eliminating a theoretical risk at Suggitt’s Lane when there are thousands of level crossings, many with trains passing at 125 mph, where the money could be better spent.

I referred to the 15 near misses to which Network Rail referred. Remember, that is 15 near misses in 10 years, during which time more than 2 million people will have passed over the crossing. On 9 April, Mr Ian Stuart from the Rail Accident Investigation Branch emailed one of the local campaigners, Lynn Sayles. He wrote:

“We have reviewed our records from when we were established in October 2005 and have found details of only one Incident at Suggitt’s Lane level crossing, which occurred on 13 January 2011. The circumstances of this particular case were unclear, but involved an individual being found with an injury in the vicinity of the crossing. However, there was no direct evidence that the injury had actually been caused by a train. The RAIB received no formal notification from the industry about the accident and the circumstances could not be substantiated so no further action was taken.”

Only one of the 15 near misses was considered significant enough to involve the RAIB. That is one near miss, in which the circumstances could not be substantiated, against more than 2 million crossings. Why close the crossing and cause massive inconvenience on the basis of those results?

Of course people should not trespass on the railway, and of course people should not act foolishly, but, sadly, some do. We all suffer to some extent as a result, but in this instance the massive inconvenience simply is not justified. Anyone who is determined to trespass on that stretch of railway can go along to Cleethorpes station at any time of the day or night and wander down the platform and on to the track.

I urge Network Rail to do the right thing: to admit that it has not fully appreciated the strength of local feeling, that full, proper and meaningful consultation should take place, and that while those discussions happen, it should reopen Suggitt’s Lane crossing. My plea to the Minister is that he uses his good offices to find a solution.

[Mr Philip Hollobone (in the Chair)]

I am pleased to call Melanie Onn, but I will need to call the Minister no later than 20 minutes past 1 o’clock.

--- Later in debate ---

[Andrew Jones]

I recognise that point. The RAIB records are clear—that is the truth—but we always try to avoid the need for the RAIB to get involved, because its involvement means there has been an accident. This is about trying to ensure that accidents do not happen.

Network Rail has concluded that, having taken action with the British Transport police to improve public awareness and use of that crossing, no infrastructure can be installed to address its concerns. As my hon. Friend the Member for Cleethorpes will be aware, Network Rail held a public information event on 22 March at which it explained that, in its view, closure was the most effective option for ensuring the safety of the public.

From comments in this place, from media coverage in the local paper, which I have looked at, and from the fact that people have made a great effort to join us at this debate, it is clear how the closure has affected local users, how strongly people feel about that, and how it has also affected some businesses on the promenade. I understand that entirely. To balance against that, I also understand why Network Rail made this difficult decision. It is not a straightforward matter, and there is no ideal alternative.

I am aware of the provision at Fuller Street footbridge and recognise the point, which was well made by my hon. Friend, about the lack of access there for people with reduced mobility. It was interesting to learn that that is a significant concern among his constituents. My hon. Friend chaired a meeting last Friday with Network Rail and North East Lincolnshire Council to discuss the options for that bridge in more detail. I understand that Network Rail has agreed in principle to contribute to enhancing the bridge, should that prove viable, and that it and the council will send engineers to review the bridge in the weeks ahead.

[Martin Vickers]

Will the Minister give way, just for 10 seconds?

[Andrew Jones]

Yes.

[Martin Vickers]

Will he acknowledge that it would be wasteful to spend any public money on that project, because the risks are so minimal? The money should be spent where there is more risk.

[Andrew Jones]

We have obligations to keep our rail network as safe as possible. The definition and calculation of risk is a key factor in deciding where money is spent. It is important that we have a dialogue between the local council and Network Rail to look at all the options and come to an effective permanent solution, which can and must be found. That could mean work at Fuller Street or other areas, but I want to ensure that people are talking locally about a local solution to a local problem.

The challenge has been well articulated by Members. Network Rail will have been following the debate, and I will ensure that it picks up the content of our discussions and addresses the concerns that have been expressed. I will write to both hon. Members and, through them, to their constituents.

We have a difficult situation where a local community has been affected by an organisation charged with safety seeking to improve safety. In this case, we are not seeing what an agreement might look like. That is of some regret, but we must work harder to try to reach a solution that all sides will be happy with, keeping the community together and making sure that people can travel safely in and out of Cleethorpes.

Motion lapsed (Standing Order No. 10(6)).