Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019

Lord Snape Excerpts

Thursday 21st March 2019 Lords Chamber

[Lord Berkeley (Lab)]

My Lords, I am grateful to the Minister for bringing these regulations to the attention of the House. We have only got a week to go, and if we do not pass them today there may not be any trains running after 29 March—so well done the Department for Transport for leaving it to the last minute.

I have a couple of questions on both SIs. On the licensing of railway undertakings regulations—this is not clear to me and maybe this is not part of these regulations—I was talking to a train operator, from a UK company which has a licence in this country and also operates railway services in other member states, who explained that the company was having trouble in finding out whether its UK licence, in other words its licence to operate in the UK, would be valid in other member states after Brexit. Such companies try hard, often in competition with other incumbents, and it is a strain on their business and management set-ups if they still do not know whether they will be able to operate, either under a new franchise or in continuation of an existing one, after next week. I note that in paragraph 7.3 of the Explanatory Memorandum, as the Minister said in her introduction, there is a two-year window for these licences to continue. However, I am not sure whether that occurs in the other direction, and I would be grateful if she could respond to that.

I have two issues on the train driving licences and certificates regulations. Will UK drivers operating in France, the Channel Tunnel or other member states need to take driving tests in France and, if so, when? Is there a two-year window or when will it happen? This concerns not only Eurostar because in the future there might be other companies operating services through the tunnel, as well as rail freight. I declare an interest as having been chairman of the Rail Freight Group. These regulations add a great deal of bureaucracy, and I would be glad to hear what arrangements will be required for drivers with licences from other member states to come here. Is there a two-year window there?

My second comment relates to paragraph 7.8 of the Explanatory Memorandum. This SI removes the duty to inform the Commission on licences and safety matters and, presumably, vice versa. The statement that we do not need to tell the Commission anymore and it does not need to tell us is putting our head in the sand about anything to do with railway safety. Railways are rule-based operations and the more common rules we have the easier it goes. The transfer of information on safety, accidents, driver qualifications and so on, in the widest possible sense, is surely good for the safe operation of our railways. The text of paragraph 7.8 and elsewhere is drafted in a very negative way. Even if there is not a requirement—I think there should be—to exchange data, I hope the Minister will say that the ORR and the European Railway Agency should be encouraged to exchange data and participate in putting it together in common, European co-ordinated, long-term information about the safety performance of railways over the years. I look forward to the Minister’s response.

[Lord Snape (Lab)]

My Lords, the House will be grateful to my noble friend for tabling this Motion to Regret—

[Baroness Sugg]

We have not quite got to the Motion to Regret yet. We are starting with the two SIs.

[Lord Liddle (Lab)]

My Lords, I strongly support what my noble friend Lord Berkeley said. I feel very passionately on this subject. First, one of the great things we have seen in the past two decades is the expansion of cross-border rail services. It is important for freight, where in the long term we want to try to take as much lorry traffic off the roads as possible, and it is also very important for expanding passenger networks across Europe and providing a real alternative to air travel, which has damaging effects on climate. I understand my noble friend’s concerns about why we are not promoting the maximum exchange of information and co-operation with our European partners in the event of Brexit.

Secondly, I would like assurances about rail services on the island of Ireland. This is very important to good relations between Britain and Ireland. The development of railways on the island of Ireland is a way of encouraging tourism in north and south. I would like to hear from the Minister that nothing is being done that will in any way be a barrier to the development of that co-operation.

[Lord Snape]

My Lords, having left the station before the right of way signal, perhaps I can start again and apologise to the House for—mixing my metaphors—jumping the gun. On this occasion, I shall confine my remarks to the train driving regulations and will discuss the other matter later. I presume I will be in order, which will stop my noble friend on the Front Bench again waving at me in a somewhat frantic fashion.

As my noble friend Lord Berkeley says, I do not think we are getting clarification on these matters. I suspect confusion is likely to arise, depending on how these regulations are implemented. Irish railways have been mentioned. Can the Minister say whether the new licences to be issued for Northern Ireland will be specific to that part of the United Kingdom or be valid throughout the United Kingdom and whether they will be recognised on, for example, the Enterprise service between Belfast and Dublin? What discussions have taken place between our Government and the Irish Government about the future of that service?

How long will the new licences last? My noble friend mentioned a two-year interim period, but what happens after that? A lot of discussions need to take place as a result of this wretched decision that the Prime Minister is apparently going to insist upon. Whether she gets it through the other place remains to be seen.

How much discussion has there been about the long-term effect of this change? After all, train drivers are no longer required to retire by law, but they normally stop train driving in their 60s and many of them will have been driving for a considerable period. Will these licences need to be renewed on a regular basis?

Overall, this is another example of the bureaucracy that will be created as a result of this decision. Perhaps the Minister can tell us how many people in her department will have to be employed to issue the licences and check their validity. Perhaps she can also tell us whether the standards that are now commonplace across Europe will continue to be commonplace in the United Kingdom or whether, at the whim of this or some other Secretary of State, the conditions under which the licences are issued will be altered? These are all matters that result directly from the, in my view, disastrous decision that we are about to take.

I will return to the other regulations at a proper time. They will possibly be even more likely to dislocate the railway industry than these regulations. However, there are still some outstanding questions about the licences, and I would be grateful if the Minister could at least take on board our fears and reassure us.