Railways (Safety, Access, Management and Interoperability) (Miscellaneous Amendments and Transitional Provision) (EU Exit) Regulations 2019

Rachael Maskell Excerpts

Monday 21st October 2019 General Committees

[Rachael Maskell (York Central) (Lab/Co-op)]

It is always a pleasure to serve under your chairmanship, Mr Gapes. I will not repeat the title of the legislation, which has been well documented. With just 10 days to go until the Government intend to leave the European Union, and in the light of the Minister’s admission that there have been drafting issues with legislation, it is clear that rushing through legislation at the eleventh hour is not the best way of conducting business. Are we expecting any further draft regulations? I believe that at least one piece of legislation is still outstanding. When does the Minister expect it to be introduced? We are getting close to the wire.

Ensuring the safe running of our rail system is vital for passengers, staff and the economy. The UK boasts the safest railway network in the world, despite the tragic loss of life that we have witnessed in the last year. It is vital that we continue to scrutinise all legislation to ensure that standards are raised and the public are kept safe. Moving the function of oversight and the issuing of part A safety certification should the UK leave the EU is non-contentious in itself. We need, however, to ensure that the Office of Rail and Road is properly resourced to carry out its extended functions.

I have noted a succession of secondary legislation arguing for increased roles for UK agencies; however, I am concerned that increasing the pressures on those agencies without sufficient additional resourcing will place additional pressure on what are already overstretched bodies. My first ask is that the UK Government commit to keeping parity with EU standards—non-regression—in advancing safety. Had I been able to amend the draft regulations, I would have inserted such a measure. It is essential that whichever jurisdiction—the EU or the UK—has the most advanced approach to safety, the regulation of standards and the oversight of those who are to abide by such standards, the highest application is adhered to.

I note that the rail safety directive is yet to be transposed into UK law. With time short before June 2020, when does the Minister expect that work to be done? I ask that it be expedited, so that proper scrutiny can take place and we can ensure that all safety standards are upheld. Perhaps the Minister could also set out how the regulations will apply to the cross-border service across the channel over the next two years. Will he also confirm where the information that is currently shared with the European Union Agency for Railways and the European Commission will be reported to, and where supervision by national safety authorities—currently within the EU—will come from? Clearly, the role of the Office of Rail and Road will be extended. How will that be accommodated, how much will it cost, and what level of additional staffing is anticipated? The Minister must have those figures, as the regulations will come into force within the next 10 days.

Labour is not in favour of opening up the market for operations or infrastructure, and we will bring rail back into public ownership when we are in office. Can the Minister say whether there will be any changes to the market on the introduction of the regulations when it comes to the economic equilibrium test, including the impact on open access? The legislation enables the Office of Rail and Road to charge a fee for its services. Can the Minister set out the fee schedule today? Such a schedule was absent from the legislation and could be applied within a matter of 10 days. Would an operator that currently holds a certificate that does not run out for a further five years be expected to pay for further certification from the Office of Rail and Road, or would there be continuity so that no more payment would be expected for this first wave of certification? Paragraph 2.11 of the explanatory note states that the UK will diverge

“where it is clearly in the UK’s interests.”

Will the Minister set out where he believes divergence will occur?

I also note the two-year grace period before the ORR alone will issue certification. If certification is not concluded within the two-year period, or if there is a failure to issue the right certification, it could lead to a serious fine or imprisonment. How will the Minister ensure that the current part A certification will be issued in time? I look forward to his response.

--- Later in debate ---

[Rachael Maskell]

Can the Minister therefore confirm that should the European Union advance its safety standards, the UK would at least keep parity with those standards—or, as he has just related, go beyond those standards?

[Chris Heaton-Harris]

Yes, I think I can; in fact, we will not be diverging to reduce safety standards from where they are now. We might choose to diverge to increase our safety standards, but I give the hon. Lady the commitment that she asks for about not reducing safety standards through diverging—absolutely, 100%.

[Rachael Maskell]

May I split hairs with the Minister on this issue? He has clearly stated that we will not regress from where we are now, but if the European Union were to advance its safety standards, would we keep parity with it at that juncture?

[Chris Heaton-Harris]

I would like to think so, but I honestly cannot answer, because I have no idea what the European Union might do in the future. I would like to think that we would be in advance of European Union standards. Certainly, there is no rush to diverge in any way from current European Union safety standards, and the only push that I can see from this Parliament and domestically is for better standards. I would assume, therefore, that if the European Union tried to improve its safety regulations and regime, we would be ahead of that curve already and the EU would be following us.

There were a number of questions relating to the Williams review of the Office of Rail and Road, its resources and whether it needs additional resources. There will be no additional cost to the ORR or train operators from Great Britain’s safety regime after Brexit, so, realistically, the ORR should have sufficient resources already. The Williams review opens up opportunities for how these things could be both resourced and policed in the future. We will doubtless have quite some debate across the Floor of the House on that, but that is for another time.

On devolution, I am as ambitious as the hon. Member for Kilmarnock and Loudoun is to have devolution writ thick through the Williams review. That, again, is not a debate for these particular regulations, but it is one that I look forward to having with him in the future.

Question put and agreed to.