UNPUBLISHED MEMORANDA
List of memoranda laid upon the Table but not
printed:
The following memoranda have been reported to
the House, but to save printing costs they have not been printed
and copies have been placed in the House of Commons Library, where
they may be inspected by Members. Other copies are in the Record
Office, House of Lords, and are available for public inspection.
Requests for inspection should be addressed to The Parliamentary
Archives, Record Office, House of Lords, London SW1A 0PW (tel.
020 7219 3074). Hours of inspection are from 9.30 am to 5.00 pm
on Monday to Fridays.
Received from Mr Alan Duncan MP [Byers.6]:
1. Handwritten note of meeting with Rail Regulator
on 19 June 2001 [repeated, see Attachment 3, Byers.9, which also
includes a transcribed version of this note].
2. Letter to the Prime Minister from Stephen
Byers, entitled: "Transport Stocktake: 3 July 2001",
dated 29 June 2001. (NB. Date of this meeting subsequently
changed to 5 July) [repeated, see Annex A, Attachment 6, Byers.8;
Flag B, Byers.13].
3. Handwritten note of Transport Stocktake meeting
on 5 July 2001 [repeated, see Attachment 13, Byers.8—see
also Flag (5), Byers.11 for a transcribed version of this note].
4. Letter to Peter Unwin, DTLR, from Simon Virley,
Private Secretary, No. 10 Downing Street entitled: "Transport
Stocktake", dated 6 July 2001 [repeated, see Attachment 14,
Byers.8; Attachment 5, Byers.9; and Flag (5), Byers.11].
Received from Chris Grayling MP [Byers.8]:
1. Note of rail issues meeting with Secretary
of State and officials on 20 June 2001.
2. Ministerial box note to Secretary of State
entitled 'Rail'.
3. Email to Ed Balls from Shriti Vadera, entitled
'Rail', 21 June 2001.
4. Email correspondence, with handwritten annotation,
between Andrew Adonis and Brian Hackland, entitled 'Railtrack—fundamental
review', 28 June 2001.
5. Email correspondence between Jonathan Powell
and Brian Hackland, entitled "Railtrack", 27 June 2001.
6. Letter to the Prime Minister from Brian Hackland
entitled, "Internal discussion on rail; and transport stocktake
with Stephen Byers", together with Annexes, 29 June 2001
- Annex A: Letter to the Prime
Minister from Stephen Byers, entitled: "Transport Stocktake:
3 July 2001", dated 29 June 2001. (NB. Date of
this meeting subsequently changed to 5 July). [repeated, see
Attachment 2, Byers.6; Flag B, Byers.13]
- Annex B: Personal Minute to the Secretary of
State for Transport, Local Government and the Regions from the
Prime Minister, 22 June 2001 [not attached with this memo,
see Annex B, Flag B, Byers.13].
7. Letter to Shriti Vadera, HM Treasury, from
John Nevitt, DTLR, entitled "Railtrack: Meeting Monday 16
July", together with an attached paper entitled: "Railtrack:
Structural Options", 13 July 2001.
8. Email correspondence between David Hill and
David Rowlands, entitled "Joint Work on Options for Railtrack",
12 & 20 July 2001.
9. Email to Mark Coulshed from Phil Carey, entitled
"Robinson meeting 25 July", 24 July 2001, with an attached
copy of a letter to the Secretary of State from Phil Carey entitled
"Meeting with John Robinson, Railtrack 25 July 2001",
24 July 2001.
10. Email to David Rowlands, Mark Coulshed, Peter
Thomas and Tamsin Alker from David Hill, entitled "Rail",
25 July 2001.
11. Email to Brian Hackland, Bob Linnard, Dan
Corry, David Rowlands, Lewis Atter, Nicholas Macpherson and Shriti
Vadera from John Nevitt, entitled "Railtrack Options: Papers
for meeting, 1.15pm Thursday 26 July", 24 July 2001 [repeated,
with copies of papers, see (f), Flag (2), Byers.11].
12. Extract (pages 67-70) from the Approved Judgement
before Mr Justice Lindsay between Geoffrey Rutherford Weir
and Others and (1) The Secretary of State for Transport (2) The
Department for Transport, 14 October 2005.
13. Handwritten note of Transport Stocktake meeting
on 5 July 2001 [repeated, see Attachment 3, Byers.6—see
also Flag (5), Byers.11 for a transcribed version of this note].
14. Letter to Peter Unwin, DTLR, from Simon Virley,
Private Secretary, No. 10 Downing Street entitled "Transport
Stocktake", dated 6 July 2001 [repeated, see Attachment 4,
Byers.6; Attachment 5, Byers.9; and Flag (5), Byers.11].
15. Copy of letter to Chris Grayling MP from
the Rt. Hon Stephen Byers MP, 17 October 2005.
Received from the Rt. Hon Stephen Byers MP [Byers.9]:
1. Letter to the Secretary of State from Mark
Coulshed, Head of Division, Railways Sponsorship, entitled "Railtrack:
Options for Action by Government", together with Annex, 12
June 2001 [repeated, see Flag 6, Byers.11]
- Annex A: Paper entitled "Railtrack:
Structural Options". [repeated, see Annex A, Flag 6, Byers.11].
2. Conservative Party Press Release entitled
"Conservatives seek Standards Committee probe of Byers case",
18 October 2005.
3. Handwritten, and transcribed, note of meeting
with Rail Regulator on 19 July 2001 [repeated, see Attachment
1, Byers.6].
4. Letter to David Rowlands from David Hill,
Private Secretary, DTLR, entitled "Meeting with the Rail
Regulator", 3 July 2001.
5. Letter to Peter Unwin, DTLR, from Simon Virley,
Private Secretary, No. 10 Downing Street entitled: "Transport
Stocktake", dated 6 July 2001 [repeated, see Attachment 4,
Byers.6; Attachment 14, Byers.8; and Flag (5), Byers.11].
Received from Miss Anne McIntosh LL.B MP [Byers.10]:
1. Transport, Local Government and the Regions
Committee Minority Report, see First Report of Session 2001-02,
Transport, Local Government and the Regions Committee: "Passenger
Rail Franchising and the Future of Railway Infrastructure"
(HC 239-I), pp 50-57.
Received from Mr Tom Winsor [Byers.23]:
1. Transcript of BBC2 Newsnight piece on Railtrack,
19 February 2001.
2. Financial Times article entitled "Ticklish
task of keeping Britain's trains on track", 20 April 2001.
3. Speech by Tom Winsor (as Rail Regulator) to
the Institution of Electrical Engineers entitled "The Regulatory
Framework", 12th June 2001.
Received from the Department for Transport [Byers.11]:
1. Flag 2: list and copies of papers commissioned
by or on behalf of the Secretary of State from the date of his
appointment to 25 July 2001 relating to future options for Railtrack
a) Letter to the Secretary of State from David
Rowlands, DTLR Official, entitled "Railtrack—Financial
Position", together with Annexes, 8 June 2001
- Annex A: Statement of Principles
agreed between the Government and Railtrack
- Annex B: Letter and briefing notes for the Secretary
of State from Bob Linnard entitled "Railways: Background
and Issues", 11 June 2001.
b) Letter and attached briefing notes for the
Secretary of State from Phil Carey, DTLR Official, entitled "Meeting
with John Robinson, Railtrack 27 June 2001", with Annexes,
26 June 2001
- Annex A: Railtrack: Stewardship
of the Existing Network
- Annex B: Railtrack: Structural Options.
c) Letter to the Secretary of State from Dan
Corry entitled "Discussion with Dieter Helm", July 2001
and subsequent letter, with handwritten annotations, to the Secretary
of State from Bob Linnard entitled "Dieter Helm", 19
July 2001.
d) Letter and briefing notes for the Secretary
of State from Phil Carey entitled, "Meeting with John Robinson,
Railtrack 25 July 2001", 24 July 2001.
e) Email, with attached papers, to DTLR/No.10/HMT
officials from John Nevitt, DTLR entitled "Railtrack options:
Papers for meeting 1.15 pm Thursday 26 July" [repeated, without
attached papers, see Attachment 8 Byers.11] Attachments:
i. "Railways: A discussion paper",
24 July 2001
- Annex A: "Options for
Future of Railtrack"
- Annex B: "Special Purpose Vehicles (SPVs)"
- Annex C: "Railtrack Finances"
- Annex A: "Discussion of key accounting and
other financial factors"
- Annex B: "Railtrack's CP1 Finances"
- Annex C: "Railtrack CP2 Finances"
- Annex D: "Railtrack Finances in CP3".
2. Flag 3: Briefing provided to the Secretary
of State by Bob Linnard on the Opposition Day Debate on 13 November
2001 and appearance before the Transport Select Committee to give
evidence on 14 November 2001 (see also Byers.16 for additional
briefing material)
- A: Narrative PQ
- B: Self Standing Text
on Renewco
- C: Accusation: What
was said on 25 July? (Meeting with John Robinson)
- D: Accusation: Decision
was made before 5 October?
- E: Accusation: Did
you urge Alan Bloom to "get stuck in" on 11 September?
- F: Accusation: was
Regulator "threatened" with emergency legislation?
- G: Accusation: Guidelines
a "stitch up"; competition skewed in favour of CLG
- H: Emergency Legislation:
powers in relation to the Regulator
- I: Uniqueness of the
Rail Regulator
- J: Government Financial
Commitments to Railtrack
- K: Note on Hatfield
Reopener
- L: Railtrack's financial
demands to Government
- M: Note on Misaligned
Incentives
- N: Shareholder Value
- O: Positive Lines
on rail projects (e.g. Thameslink)
- P: Chronology of Events
in relation to Railtrack waiving 2 day notice period.
3. Flag 4: Email exchange between John
Parkinson, David Hill and Dan Corry entitled "Transcript
of Select Committee Hearing—Comments", 19 November
2005.
4. Flag 5: Letter from Simon Virley to
Peter Unwin entitled "Transport Stocktake", with attached
list of attendees at the Transport Stocktake meeting on 5 July
2001 and the transcript of the meeting [repeated, see Attachment
4, Byers.6 and Attachment 5, Byers.9].
5. Flag 6: Letter to the Secretary of
State from Mark Coulshed, Head of Division, Railways Sponsorship,
entitled "Railtrack: Options for Action by Government",
together with Annex, 12 June 2001 [repeated, see Attachment 1,
Byers.9]
Annex A: Paper entitled, "Railtrack: Structural
Options" [repeated, see Attachment 1, Byers.9].
Also, letter to the Prime Minister, with handwritten
annotations, from Brian Hackland, entitled "Railtrack and
Options for Restructuring", together with Annexes, dated
3 August 2001,
Annex A: letter to the Prime Minister from Stephen
Byers entitled "Railtrack", and attached table entitled
"Performance of Options Against Key Criteria, dated 3 August
2001
Annex B: DTLR note entitled "Railways",
August 2001
Received from the Department for Transport [Byers.13]:
6. Flag A: Letter to David Rowlands from
David Hill, Private Secretary entitled "Rail", re: meeting
of 20 June 2001, 25 June 2001.
7. Flag B:
Annex A Letter to the Prime Minister from Stephen
Byers, entitled: "Transport Stocktake: 3 July 2001",
dated 29 June 2001. (NB. Date of this meeting subsequently
changed to 5 July). [repeated, see Attachment 2, Byers.6;
and Annex A, Attachment 6, Byers.8]
Annex B: Personal Minute to the Secretary of State
for Transport, Local Government and the Regions from the Prime
Minister, 22 June 2001 [repeated, see Annex B, Attachment 6, Byers.8].
8. Flag C: email from John Nevitt, DTLR
official to Shriti Vadera, Treasury official, entitled "Railtack
options: meeting 16 July", with attachments, 13 July 2001.
Attachments:
Letter from John Nevitt to Shriti Vadera, entitled
"Railtrack: Meeting Monday 16 July", 13 July 2001
Briefing note entitled "Railtrack: Structural
Options" prepared for the 16 July meeting of the DTLR/HMT/No.
10 joint working group, with Annexes, entitled "Railway Administration";
"Illustrative Timetable for Laying the Statutory Instrument";
and "Insolvency Generally", July 2001.
Further email from John Nevitt to Treasury and DTLR
officials entitled "Railtrack: 5.00pm Meeting today",
with attachment, 16 July 2001. Attachment:
Internal DTLR briefing paper entitled "Railtrack
Finances", with Annexes entitled "Discussion of key
accounting and other financial factors"; "Railtrack's
CPI Finances"; "Railtrack's CP2 Finances"; and
"Railtrack Finances in CP3".
9. Flag D: transcript of a manuscript
note of the 31 July 2001 Rail Options meeting.
10. Flag E: Letter to the Secretary of
State from David Rowlands entitled "Railtrack", on the
work done to date by the joint working group, noting that the
final output from the group would be put to him for agreement
shortly, with an Annex, 30 July 2001 (The final output of
the joint working group was the 3 August report to the Prime Minister
from the Secretary of State and the covering note prepared by
No. 10—see Flag 6, Byers.11)
Annex A: Options document entitled: "Options
for Future of Railtrack".
Received from the Department for Transport [Byers.16]:
11. Further documents prepared for the Secretary
of State for his appearance before the Transport, Local Government
and the Regions Committee on 14 November 2001. These comprise
a speaking note and further 'Question and Answer' briefing relating
to Railtrack.
Received from the Department for Transport [Byers.20]:
12. Letter to David Rowlands from David Hill,
entitled "Rail", re: departmental meeting on 15 June
2001, 25 June 2001.
Received from the Department for Transport [Byers.24]:
13. Flag A: Briefing note for the Secretary
of State entitled "Railtrack: Briefing for Opposition Day
Debate and Select Committee", 9 November 2001.
14. Flag B: Further documents prepared
for the Secretary of State for the Opposition Day Debate on 13
November 2001. These comprise speaking notes and further 'Question
and Answer' briefing relating to Railtrack.
15. Flag C: Letter to the Clerk of the
Transport Sub-committee from Paul Davies, Department for Transport
Parliamentary Clerk, entitled "Passenger rail franchising
and the future of railway infrastructure inquiry" enclosing:
Department for Transport notes of the meeting between
the Secretary of State and Railtrack Chairman, Mr John Robinson
on 25 July 2001, 27 November 2001.
Also letter from the Clerk of the Transport Sub-committee
to Paul Davies entitled "Passenger rail franchising and the
future of railway infrastructure inquiry", re: follow-up
to evidence session of 14November 2001.
16. Flag D: List of Parliamentary events
relating to Railtrack entering administration.
Received from the Department for Transport [Byers.26]:
17. Annexes to a Department for Transport, Local
Government and the Regions paper on railways, 3 August 2001 entitled:
Flag A: "Railtrack
Finances"
Flag B: "Options
for the Future of Railtrack"
Flag C: "Delivering
the 10 year plan rail targets".
18. Flag D: Further documents prepared
for the Secretary of State for his appearance before the Transport,
Local Government and the Regions Committee on 14 November 2001.
These comprise speaking notes and further 'Question and Answer'
briefing relating to Railtrack.
19. Flag E: Further documents prepared
for the Secretary of State's Statement on 15 October 2001. These
comprise the statement, speaking notes and further 'Question
and Answer' briefing relating to Railtrack.
20. Flag F: Secretary of State's statement
for the Private Notice Question, 5 November 2001.
21. Flag G: Further documents prepared
for the Secretary of State for the Opposition Day Debate on 13
November 2001. These comprise 'Question and Answer' briefing relating
to Railtrack.
Received from the Department for Transport [Byers.27]:
22. Flag A: Email exchange between Gareth
Evans and Phil Carey entitled "Other options for future of
railtrack", 22 February 2001, with attachment entitled:
"Other options for future of railtrack".
23. Flag B: E-mail to Treasury officials
from Jitinder Kohli, 5th February 2001, with attachment entitled:
"What are we trying to achieve?"
24. Flag C: Letter to Martin Wheatley
from Ian Kemsley entitled "Treasury strategy for the railways",
11 January 2001.
25. Flag D: Letter to the Chancellor of
the Exchequer and Chief Secretary to the Treasury from Ian Kemsley
entitled "Railway Financing", 14 March 2001.
26. Flag E: E-mail to Ed Balls from Shriti
Vadera entitled "Rail", 21 June 2001.
27. Flag F: E-mail to David McMillan from
David Hill entitled "Opposition Day Debate / Select Committee
hearings", 8 November 2001.
28. Flag G: E-mail to David Hill from
Michael Burrell, 9 November 2001, with attachment entitled:
"Railtrack Third Party Endorsements".
29. Flag H: Letter to David Hill from
Gareth Evans, Legal section official, entitled "Railtrack
plc-Court Bundle, 9 November 2001.
30. Flag I: E-mail to David Hill from
Richard Bruce entitled "Re: Fwd: David Winters @ Franklin
Mutual" with speaking notes for the Secretary of State attached
entitled:
"Railtrack impact on 10 year plan".
Received from the Department for Transport [Byers
31]
1. Materials prepared for discussion at the Project
Rainbow DTLR meeting on 27 July 2001
Received from the Department for Transport [Byers
32]
1. E-mail of 24 January 2006 to the Clerk of
the Committee from Graham Stockbridge, Department for Transport.
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