Vote Bundle Text (950127-02)

Amendments proposed to the Railways Bill, As Amended - continued	House of Commons

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Railway strategy for Wales

Mr Elfyn Llwyd
Mr Simon Thomas
Hywel Williams
Adam Price

NC9

To move the following Clause:—

'(1) The National Assembly for Wales may prepare a strategy for carrying out its functions in relation to railways and railway services.

(2) The National Assembly for Wales may from time to time revise that strategy.

(3) Where the National Assembly for Wales prepares or revises such a strategy, it must publish the strategy or revised strategy in such manner as they consider appropriate for bringing it to the attention of those likely to be affected by it.

(4) The reference in subsection (1) to the functions of the National Assembly for Wales in relation to railways and railway services includes, in particular, its functions under Part 1 of the 1993 Act and its functions under this Act.'.

National Assembly for Wales

Mr Elfyn Llwyd
Mr Simon Thomas
Hywel Williams
Adam Price

NC10

To move the following Clause:—

'The Secretary of State shall make provision for the transfer to the National Assembly for Wales by Order in Council, in accordance with section 22 of the Government of Wales Act 1998, of those parts of his powers under this Act which apply wholly to Wales.'.

South Eastern Trains

Mr Elfyn Llwyd
Mr Simon Thomas
Hywel Williams
Adam Price

NC11

To move the following Clause:—

'No franchise agreement shall be entered into by the Secretary of State which would have the effect of returning South Eastern Trains to the private sector.'.

Office of Rail Regulation safety report

Mr Elfyn Llwyd
Mr Simon Thomas
Hywel Williams
Adam Price

NC12

To move the following Clause:—

'(1) It shall be the duty of the Office of Rail Regulation (ORR) to publish, before the end of each calendar year, a report on safety.

(2) The report referred to in subsection (1) shall include information concerning—

(a)	injuries and fatalities suffered by railway passengers, and the ORR's conclusions as to their causes;

(b)	injuries and fatalities suffered by persons other than railway passengers resulting from incidents occurring on the railway system, and the ORR's conclusions as to their causes;

(c)	any recommendations resulting from consideration by the ORR of the incidents referred to in paragraphs (a) and (b); and

(d)	the findings and recommendations contained in the most recent review by the ORR of safety at level crossings.

(3) The review referred to in paragraph (2d) shall be conducted at least annually, before the publication of the report referred to in subsection (1).'.

Code of practice for disabled rail users in England and Wales

Mr Greg Knight
Mr Tim Yeo
Mr Christopher Chope
Mr Mark Field
Mr David Wilshire

NC13

To move the following Clause:—

'(1) The Secretary of State shall prepare, and from time to time revise, a code of practice for protecting the interests of users of relevant English and Welsh services who are disabled.

(2) The Secretary of State shall publish a code prepared under this section, and every revision of it, in such manner as he considers appropriate.

(3) Before preparing or revising a code under this section the Secretary of State shall consult the Disabled Persons Transport Advisory Committee established under section 125 of the Transport Act 1985 (c. 67).'.

Mr Elfyn Llwyd

Page 3, line 6 [Clause 3], at end insert—

"(3A) The Secretary of State shall carry out his duties concerning railway services and infrastructure in accordance with the following purposes—

(a)	to promote the use of the railway network for the carriage of passengers and goods;

(b)	to secure the development of the railway network; and

(c)	to contribute to the development of an integrated system of transport of passengers and goods.

(3B) In exercising his functions in accordance with this Act, the Secretary of State shall act in the way best calculated—

(a)	to protect the interests of users of railway services;

(b)	to contribute to the achievement of sustainable development;

(c)	to promote efficiency and economy on the part of persons providing railway services;

(d)	to promote measures designed to facilitate the making by passengers of journeys which involve the use of the services of more than one passenger service operator (including, in particular, arrangements for the issue and use of through tickets); and

(e)	to enable persons providing railway services to plan the future of their businesses with a reasonable degree of assurance.

(3C) In exercising his functions in accordance with this Act, the Secretary of State shall have regard to—

(a)	the need to protect all persons from dangers arising from the operation of railways;

(b)	the interests of persons who are disabled; and

(c)	the effect on the environment of activities connected with the provision of railway services."

Mr Greg Knight
Mr Tim Yeo
Mr Christopher Chope
Mr Mark Field
Mr David Wilshire

Page 5, line 38 [Clause 5], at end insert 'and they shall concurrently publish in full the reasons for adopting the strategy or revised strategy.'.

Mr Elfyn Llwyd

Page 9, line 12 [Clause 10], at end insert—

'(1A) Before—

(a)	issuing an invitation to tender for a franchise agreement in a case in which the services to be provided under the agreement are or include Wales-only services, or

(b)	entering into a franchise agreement in respect of services that are or include Wales-only services in a case in which no such invitation has been issued,

The National Assembly for Wales must consult the Secretary of State."

Mr Elfyn Llwyd

Page 9, line 14 [Clause 10], leave out "Wales-only", insert "any Welsh".

Mr Elfyn Llwyd

Page 9, line 44 [Clause 10], at end insert—

'(6A) (a) The National Assembly for Wales may notify the Secretary of State for Wales concerning financial expenditure incurred in the exercise of its powers under this Section.

(b)	The Secretary of State for Wales shall have regard to any information provided to him under paragraph (a) when carrying out his duties under Section 8 of the Government of Wales Act 1998.'.

Mr Elfyn Llwyd

Page 11, line 6 [Clause 12], at end insert—

'(2A) The appropriate national authority may make a scheme for the transfer, before the end of the franchise period, if the authority considers, after consultation with the Office of Rail Regulation, that the safety record of the franchisee is such as to warrant a transfer on the grounds of passenger safety.'.

John McDonnell
Jeremy Corbyn
Mr Kelvin Hopkins
Alan Simpson
John Cryer
Llew Smith

Frank Cook Mr Gwyn Prosser Mrs Helen Clark

Mr Robert Marshall-Andrews Lynne Jones Dr Gavin Strang

Mr Harry Barnes

Page 11, line 13 [Clause 12], leave out 'and

(e)	a franchise company.'.

Mr Elfyn Llwyd

Page 11, line 13 [Clause 12], at end insert—

'(da)

the National Assembly for Wales."

John McDonnell
Jeremy Corbyn
Mr Kelvin Hopkins
Mr Robert N. Wareing
Alan Simpson
John Cryer

Frank Cook Mr Gwyn Prosser Mrs Helen Clark

Mr Robert Marshall-Andrews Lynne Jones Dr Gavin Strang

Mr Harry Barnes

Page 11, line 14 [Clause 12], at end insert—

'(3A) The appropriate national authority shall not make a scheme for the transfer of relevant franchise assets to a franchise company, at the end of the franchise period, if an independent assessment, which must be authorised by the national authority, demonstrates that the assets could be operated more economically and efficiently by a person identified in subsection (3)(a), (b), (c) or (d).'.

Mr Elfyn Llwyd

Page 11, line 17 [Clause 12], at end insert—

'(4A) In carrying out his duties under this Section, the Secretary of State shall have regard to the principle that it is desirable for all franchises and franchise assets to be transferred to the public sector.'.

John McDonnell
Jeremy Corbyn
Mr Kelvin Hopkins
Mr Robert N. Wareing
Alan Simpson
John Cryer

Frank Cook Mr Gwyn Prosser Mrs Helen Clark

Mr Robert Marshall-Andrews Lynne Jones Dr Gavin Strang

Mr Harry Barnes

Page 11, line 43 [Clause 12], at end insert—

'(9) The Secretary of State may not exercise his powers under subsections (2) and (3) to make a scheme to transfer the relevant franchise assets of any franchise currently operated by the Strategic Rail Authority (SRA) to a franchise company. Those assets shall continue to be operated by a company wholly owned by the Secretary of State or the Scottish Ministers.'.

Mr Ian Davidson

Page 12, line 2 [Clause 13], at end insert 'in England'.

Mr Graham Stringer
Mr David Clelland
Mr Clive Betts
Mr Tom Harris

Page 12, line 10 [Clause 13], at end insert—

'(1A) An Executive that has been consulted under paragraphs (a) or (b) of subsection (1) in relation to a franchise agreement where the services to be provided under the agreement are or include services for the carriage of passengers by railway within the passenger transport area of that Executive may before the expiry of a period of 60 days following the date on which that consultation began, make a statement to the Secretary of State specifying—

(a)

the services for the carriage of passengers by railway which the Passenger Transport Authority for the area in question considers it appropriate to secure to meet any public transport requirements within that area, so far as relating to the provision of services of the same description as those to be provided under the franchise agreement in question;

(b)	any minimum level of quality to which any services so specified are to be provided;

(c)	any requirements with respect to the fares to be charged to persons using any services so specified; and

(d)	any minimum level of quality with respect to the operation of any station within the area in question which may be required by any such franchise agreement.

(1B) Where a Passenger Transport Executive for an area in England submit a statement under subsection (1A), the Secretary of State shall ensure that the services, and any minimum levels of quality or requirements with respect to fares, specified in that statement are provided for in any franchise agreement into which he may enter in respect of the services in which the Executive have an interest.

(1C) The Secretary of State need not do anything under subsection (1B) if or to the extent that it would—

(a)	have an adverse effect on the provision of services for the carriage of passengers or goods by railway (whether inside or outside the area in question); or

(b)

increase the amount of any expenditure of the Secretary of State in respect of railways under agreements or any other arrangements entered into with any franchise operator, any franchisee, or any servant, agent or independent contractor of a franchise operator or franchisee, and the Secretary of State considers that the Executive would not fund that increased expenditure.'.