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The noble Lords, Lord Bradshaw and Lord Hanningfield, and others asked about the impact on rail passenger services. It is not expected that, in normal operation, any services will be displaced to the fast lines. Long-distance passenger services will therefore be unaffected. I hope that offers reassurance to the noble Baroness, Lady Finlay of Llandaff. We are of course working closely with service providers to ensure that all our services dovetail with their schedules. Current modelling shows that the existing train timetable can be successfully redesigned with the planned level of Crossrail services, in part because of the enhancement works that are part of the project. This modelling is being refined still further at the moment. Some temporary impact on passenger and freight operators from Crossrail enhancements and network modernisation is unavoidable, as we would all accept, given the scale of investment that Crossrail will bring to the existing railway network. These works will be carefully planned by Network Rail. The detail will of course be a matter for it and it envisages undertaking the Crossrail works on the network. The detailed planning possessions will be managed through the normal industry processes nearer to the start of construction.



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The noble Lords, Lord Bradshaw, Lord Berkeley and Lord Hanningfield, raised the issue of railway powers in the Bill. We have already issued a policy paper explaining that we fully intend to pull back the railway clauses in the Bill. We simply await the decision of the Office of Rail Regulation on the access option. I am more than happy to repeat that assurance. We are of course committed to using normal industry processes wherever and whenever possible to secure the appropriate rights of the operation of Crossrail services. In any event, decisions made by the Office of Rail Regulation, or by the Government, must take into account all the relevant and competing priorities.

Lord Bradshaw: My Lords, I thank the Minister for giving way. I want to make a specific point about the independence of the Office of Rail Regulation. Do the Government intend seriously to consider maintaining that, which is contrary to Clauses 22 to 41? Can we be assured that we will return to that issue after the Select Committee has considered the Bill so that we can address it again in Committee?

Lord Bassam of Brighton: My Lords, of course, we respect the independence and value of the independent guidance and advice that the Office of Rail Regulation provides. I would have thought that the noble Lord would have judged us on our record in that respect. We work closely with the ORR and nothing I have said today or that is in front of your Lordships would preclude further debate and discussion on these matters when the Bill comes out of Select Committee.

The noble Lord, Lord Bradshaw, asked about the cost of grade separation at Acton yard and whether it was included in the cost estimate. Yes, it was included and I hope that that offers reassurance.

It is probably wise if I now spend a little time talking about the Motion for an instruction tabled by the noble Lord, Lord Berkeley. I welcome the opportunity to clarify some points on this issue and I am grateful for the noble Lord’s openness. I hope that what I say will reassure him and others on this point. I know that he is a passionate advocate for freight—it is well known in your Lordships’ House—and he is greatly respected for that.

The importance of freight has been reflected in the way in which the project and the Bill have been managed and, I assure the House, will continue to be managed. In my opening comments, I explained that to meet industry concerns the Government are seeking approval from the Office of Rail Regulation for an access option. I have referred to that on a number of occasions. This specifies what access Crossrail services can have to the main network, and it has been negotiated and agreed with Network Rail. A great deal of the timetabling work supports that and takes account of the interests of freight and other passenger operators.

It may be of assistance to your Lordships if I describe opportunities afforded to the rail freight industry to ensure that its interests are not overlooked. My honourable friend the Minister for

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Rail chairs a forum for railway stakeholders that freight interests, including the noble Lord, Lord Berkeley, attend. Network Rail chairs a timetabling reference group comprising the key railway interests, including EWS and Freightliner. At the request of the noble Lord, Lord Berkeley, his organisation, Rail Freight Group, joined that group some months ago. I understand that that has been received positively and is working well. It meets monthly, and discusses and seeks to agree timetabling work needed to support the access option application.

The Office of Rail Regulation consulted widely on the application for Crossrail access option, the freight interests responded and a hearing is expected in a few weeks’ time. The Office of Rail Regulation hopes to make its decision in time for the appearance of rail petitioners in the Lords Select Committee. The Select Committee in another place spent several weeks hearing evidence from rail petitioners, with the majority from freight interests. The noble Lord, Lord Berkeley, spoke to the Rail Freight Group’s petition in the committee. At page 35 of its special report, the Select Committee said,

but that it believes that,

As the noble Lord said, it looked forward by concluding:

Today’s debate and all the comments made about freight, particularly those made by the noble Lord, are on the record for the Select Committee to take into account as it considers appropriate. I shall ensure that those comments are drawn to the attention of the Select Committee, and it is my firm expectation that it will actively consider those issues. Nothing that has been said today in your Lordships’ House has persuaded me that anything other than that would be wise.

Lord Berkeley: My Lords, I am grateful for what my noble friend said and I have no comment to make on it at all. However, looking at possessions for the construction of the link on the Great Western or Great Eastern, he said that that would be done under normal industry processes, which I welcome. However, Clause 32 gives power to the Secretary of State to override normal industry processes if he wants to. That is my problem. The Minister said he will pull back the railway clauses. If he gives us an assurance that he will remove Clauses 22 to 45 and the nasty thing in the back of the option agreement that says, “If we do not like the option agreement we will remove it and give directions”, that would be fine. However, they are still there, and that is my worry.

Lord Bassam of Brighton: My Lords, I understand the noble Lord’s point. He has made it before and I respect his right to make it. These matters can be discussed during the passage of the Bill. Not only is there to be a Select Committee hearing, which will take some time and in which we will have the

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opportunity to discuss this in some detail, but we have the benefit—the fallback position—of Committee proceedings in your Lordships’ House, Report and Third Reading. The noble Lord is welcome and willing to take—as I am sure he will—every opportunity to raise the issue then. I sense that pretty much anything I say to him will not give him the absolute reassurance he seeks, but I can say that these matters will be actively considered. We recognise the concerns that have been raised. There is a balance to be struck in these matters. We think that we have it about right and I think that I have the confidence of the House in saying that—I hope that I have.

I am sure that we can expect petitions representing freight interests to be brought forward. I am also sure that the Select Committee would not need any further instruction from your Lordships’ House, because this is a given; it is going to happen. I am grateful to the noble Lord and other noble Lords for raising this matter; I shall do my bit to ensure that the committee actively considers it.

A number of other points were raised. I have now been talking for 22 minutes, but I am happy to go a little further if noble Lords really wish me to. I want to give assurances to those living in the south-west and Wales that they will benefit from Crossrail. They will be able to change at Paddington and make good use of the link into the city centre. The economic benefits of Crossrail extend beyond central London throughout London and across the nation. This is a project for the nation and all will benefit from it over time.

A project of this complexity will have an impact on the way in which the network works. We aim to limit the impact on services as much as we can. This is a well thought-through project. We are some years away from finalising all the detail. A number of detailed questions have been raised this evening, and I shall try to respond to them in correspondence. In particular, I look forward to writing to the noble Lord, Lord Brooke, about Smithfield Market plots, which sounds slightly sinister in one tone, but I am sure is not. I am sure that I can give him the reassurance that he wants. I shall also respond to the noble Lord, Lord Methuen, about signalling systems, because I know that he is much exercised by them. I shall similarly respond to the noble Lord, Lord Faulkner, about zonal systems and assure him more fully than I can this evening that existing ticketing options, such as Oyster, will apply, and that we will ensure that Crossrail is integrated into TfL's existing zonal system.

There were other points. I shall respond to those in writing, if I may, but I am grateful to all noble Lords who participated this evening. I think that the Bill, when it eventually returns to your Lordships' House, will receive very active consideration. I am looking forward to that and I am sure that it will be a great pleasure to us all, especially those who are enthusiastic about the railway system. I thank all noble Lords who have taken part and I wish the Bill well as it leaves your Lordships’ House to go to Select Committee.

On Question, Bill read a second time, and committed to a Select Committee.



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Lord Berkeley had given notice of his intention to move that it be an instruction to the Select Committee to which the Bill is committed that it shall give particular consideration to, and report to the House accordingly on, the likely effects on rail freight train operators and their customers of the running of Crossrail trains over the existing surface railway lines, and of the implementation of the “Railway matters” clauses of the Bill.



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The noble Lord said: My Lords, I shall not move the Motion.

Motion not moved.

Criminal Justice and Immigration Bill

Brought from the Commons; read a first time, and ordered to be printed.


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