Rail Dispute: Michael Ford QC

Lord Harris of Haringey Excerpts

Wednesday 29th June 2022 Lords Chamber

Asked by

[Lord Harris of Haringey]

To ask Her Majesty’s Government what assessment they have made of the legal opinion from Michael Ford QC on the legal powers of the Secretary of State for Transport in respect of the rail dispute.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, we have noted the advice from Michael Ford QC. Train operators are required to agree how they manage industrial relations risk, including risks from industrial action, through their contracts with the department. Before incurring costs such as pay increases or changes to terms and conditions, the Secretary of State needs to be satisfied that these are affordable and in the long-term interests of the taxpayer, and take steps to protect the public purse.

[Lord Harris of Haringey (Lab)]

My Lords, I am grateful to the noble Baroness for that reply, as she clearly accepts the legal advice obtained by the Trades Union Congress on this point. However, it gives the lie to statements made by successive Ministers—including her noble friend in the answers he just gave. Where there is responsibility, the Government dodge it; where there is law, they tend to ignore it and mislead the public and Parliament. What is the concern of the Government in this dispute other than petty party-political manoeuvring? When will they take serious action? What is their strategy for resolving this in the interests of rail users and, ultimately, the country? So far, we have seen no sign of that, despite the clear legal obligations and responsibilities placed on the Transport Secretary.

[Baroness Vere of Norbiton (Con)]

There were many questions there, to which I will try to respond. The real prize in all this, for both rail passengers and rail freight, is long-term transformation to a modern and efficient seven-day railway, where services align with demand and adapt to current patterns of travelling and rail freight, from the perspectives of both location and time. The Government absolutely want the employers to be able to reach an agreement with the RMT. We are clear that it is for the industry to conduct the day-to-day negotiations with the RMT in this dispute. Under the Labour Government of some time ago, there were strikes by both firefighters and postal workers; they took exactly the same approach and asked the employers to negotiate with the unions.