Infrastructure Improvements: Funding

Debate between Lord Forsyth of Drumlean and Lord Berkeley

Wednesday 23rd November 2016 Lords Chamber

[Lord Berkeley (Lab)]

My Lords—

[Lord Forsyth of Drumlean (Con)]

My Lords—

Scotland Bill

Debate between Lord Forsyth of Drumlean and Lord Berkeley

Wednesday 24th February 2016 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I support my noble friend Lord Faulkner’s Amendments 41 and 42. I certainly will not repeat the excellent speeches made in support of these and the other amendments this evening. I will emphasise one or two things: first, how different policing the railways is nowadays. The noble and learned Lord, Lord Wallace, mentioned Waverley station, which brings me to crowd control of, for example, football crowds. The British Transport Police has an enormous and excellent reputation in ensuring safety of passengers on the Underground and ways into the Underground, and has ways of keeping them safe on the platforms themselves so that the train does not run into them and they do not get pushed on to the track. There is, sadly, the ongoing issue of terrorism and people trying to do nasty things to the trains, which can be very dangerous. There was an incident last Friday in Belgium where somebody put some concrete blocks on the track of a high-speed line. Luckily, the train did not derail, but that can happen anywhere. Again, having the local police going along and dealing with that might be all right, but there is a good chance that it would not be all right. We have to ensure that this specialism is retained and preserved in whatever happens.

My noble friend Lord McAvoy seemed to be saying that we should give the Scots everything they want in this legislation. That is an argument I do not have particular views on, except on the railways. If we want to give them British Transport Police separated from the rest of the UK, why not give them the railway completely? Why not give them Network Rail? There is nothing in the Bill that says Network Rail is going to be owned in Scotland, or separated from the UK. It probably does not particularly matter who owns the railway, but there is the matter of timetabling.

I spent many years in various discussions across Europe trying to encourage passenger and freight trains to move across frontiers without stopping for hours, minutes or sometimes days because the timetable is not co-ordinated. Of course, that could happen here if the Government give the responsibility to Scotland for having a separate timetable. I am sure it would not happen, because we are not that stupid, but it seems to me that if we are going to keep the railways as an integrated whole, and not make all the Virgin trains stop at Carlisle for everybody to get out and get on to a different train, why separate the police?

The other issue of which we ought perhaps to remind ourselves, also mentioned by the noble Lord, Lord Forsyth, and the noble and learned Lord, Lord Wallace, is the question of who pays. We all know that Network Rail at the moment pays 50% of the cost of the British Transport Police and the train operators, passenger and freight, pay the other 50%—I declare an interest as chairman of the Rail Freight Group. If I were a train operator in Scotland and I found that the BTP did not exist there and any policing on the railways was being done by the local bobby, I would say to myself, and to the politicians, “Why do I, operating a train in Scotland, have to pay for policing the railway, such as it is, but if I operate a bus, a car or a lorry in Scotland, I do not have to pay?”. And I would not pay, because it is very out of balance between road and rail—I would probably get nothing for it either.

At some stage, someone is going to have to work out who is going to pay for the policing in Scotland that will no longer be done by the BTP. There is absolutely no reason why the rail passenger or freight customer should have to pay for whatever policing they get and the main competitor, which is road, should not have to pay. Maybe the Minister already has an answer to that.

[Lord Forsyth of Drumlean]

Surely, under the no-detriment principle, what was previously being paid by the transport operators to cover Scotland would need to be provided by the Scottish Government in a cheque to the British Transport Police south of the border.

[Lord Berkeley]

I entirely agree with the noble Lord: that is the way it should be done. The operators in England do complain, occasionally, about what they get for their money—the British Transport Police probably spends half its budget in London, because London is very important, with the Underground. The fact remains that they all accept this, but they do expect to get the specialist knowledge, albeit sometimes in support of the local police, who may get there first. They know that the BTP is there to provide the specialist knowledge and make sure that everything they do is done safely. I feel very strongly about this and I hope that the Minister will give us some comfort. If not, we will have to see what happens.

Scotland Bill

Debate between Lord Forsyth of Drumlean and Lord Berkeley

Tuesday 19th January 2016 Lords Chamber

[Lord Berkeley]

I wonder whether it would be useful to reflect on some of the things that the British Transport Police currently does. Like it or not—and most people like it—we have some very highly congested railways in this country. Sometimes the trains go very fast, and some of them are freight. Here I declare an interest as chairman of the Rail Freight Group. Some of the passenger ones go even faster. One thing that the BTP does is make sure that people do not trespass on the railway, be it in towns, countryside or whatever. There have been one or two occasions when the local police force—I cannot say where—has trespassed on the railways and put their own lives and other people’s lives at risk by not knowing how the trains work. The BTP knows how the trains work.

There is the issue of suicides, as noble Lords have mentioned, and the issue of graffiti. None of us likes graffiti on trains. Where does the graffiti get put on? It gets put on in depots. Now depots are where the trains get parked when they are not used, and they are lovely places to go into because you can hide from people and probably not be seen. Most have fences around them, but some have electrified lines. People who do not know could hurt or kill themselves. The BTP is involved in all that. Then there is the question of passenger crowd control; we have all seen what happens when there is underground congestion, and they stop people going down there. London Underground does it all, but if there is beginning to be a problem and the police feel that they need to be there, they are there—and they know how to deal with crowds. Noble Lords have probably read about some of the issues facing London Underground at the moment, because of the growth in traffic. Wrong action by a policeman or policewoman who does not know the layout of Underground or mainline stations can put lives at risk, again—and that is the kind of knowledge that the British Transport Police has built up over the years. Level crossings and the deaths that happen there—that is another piece of knowledge that the BTP has.

It would be a great shame to lose this specialist knowledge. Railways are different from roads. Everybody knows what happens on roads, and how you try to avoid problems, and the police are very good at it. On railways it is different, and there is a different type of control because if a driver sees something he cannot stop, unless he is very lucky; he has signals but, if somebody is on the line, he cannot stop. That is going to get very nasty, because trains are not designed to stop on a penny.

Having a national force is highly desirable. I agree with all noble Lords who have spoken who have said that they cannot see any reason for changing it. But let us also look at frontiers. There have been problems in the past, which I am sure my noble friend Lord Faulkner will talk about. Can the BTP be in hot pursuit outside railway property? The noble Lord, Lord Empey, mentioned that. It has got better these days, but there is still a problem; there certainly will be a problem if there is a kind of frontier for police between Scotland and England. I travel a lot on the continent, usually on railway activities, and we have all seen the problems between France and Belgium and the apparent lack of communication between the police forces of those countries. The solution that they have come up with is to have police or security checks at all the stations approaching the frontiers. Heaven help us if we have that between Scotland and England; whatever happens in future, we need our trade and our passengers to get through. But the fact remains that, as other noble Lords have said, if there is a need to go across between England and Scotland it needs to be done in the easiest possible way and nobody should stop the expertise of the British Transport Police from being able to do it.

I personally see no reason why this is thought a good idea. The suggestion of the noble Lord, Lord Forsyth—that we should get rid of the word “British” and turn it into a national force—would probably be a good compromise. But I worry seriously whether the BTP’s expertise on railway matters, stretching from John O’Groats right down to Cornwall, would be affected in any way, with the result that the non-specialist police person, doing their best, gets into trouble on the railways in pursuit of whatever they are trying to do.

[Lord Forsyth of Drumlean]

I was not suggesting that the name would be changed—I was saying that it might suit the nationalist agenda.

Scrap Metal Dealers Bill

Debate between Lord Forsyth of Drumlean and Lord Berkeley

Friday 18th January 2013 Lords Chamber

[Lord Berkeley]

My Lords, I support the comments of my noble friend Lord Faulkner. I find it quite extraordinary, with all the work that has gone on to get this Bill through, and all the damage, cost and disruption to railways, sculptures, communications and churches that we have seen, that here we have the coalition supporting an amendment that will dump the same problem on the next Government in five years’ time. I hope they will reflect on this, because whoever is in government then—and I am sure it will not be the present coalition—will be blamed. It is really totally unnecessary to have this sunset clause. I hope that the Minister, on reflection, will withdraw this amendment so that the legislation can go through as quickly as possible and we can get some protection from these thieves through a system that will record transactions and enable the police to charge people, thereby reducing the thefts and all the damage they are causing.

[Lord Forsyth of Drumlean]

My Lords, I declare an interest, as my wife’s family has suffered from metal thieves taking memorial plaques from the side of a church in Dewsbury. I feel strongly about this: I do not think there are many people in this House who feel as strongly as I do about deregulation, but it seems quite extraordinary that we have Bills coming before this House—mainly originating from European directives—where there is no possibility of having a sunset clause and where the Government are unable to proceed. This looks like a bit of window dressing. We should listen very carefully to the wise words of the noble Lord, Lord Faulkner, about the risk and the delay which will arise.

I hope my noble friend will tell us whether, if this amendment were not passed, the Government would continue to support this Bill with enthusiasm. It seems to be an unnecessary risk and an unnecessary delay to send it back to the House of Commons for further consideration. I understand the long-standing difficulties there are with Private Members’ Bills in the other place. My late colleague, Eric Forth, used to cause considerable irritation by what he regarded as a principled stand on this matter. However, this is a Bill which, as several speakers have said, is urgently needed. I pay tribute to my noble friend Lady Browning for the diligent way in which she has carried us forward. At this very late stage, I am sorry that the Government are proposing to put a spanner in the works, which will delay much needed legislation.