Clause 1 - Meaning of ''railway'' and ''railway property''
Railways and Transport Safety Bill
8:55 am
Mr John Spellar (Minister of State (Transport), Department for Transport; Warley, Labour)
I am grateful to the hon. Member for Vale of York for explaining her amendment, and I hope to show that we have taken into account what it would achieve.
The rail accident investigation branch will investigate accidents and incidents relevant to the operation of the railway. The definition of railway property is drafted to reflect the places where a railway accident or incident would occur that could be the subject of an RAIB investigation. Extending the definition would mean that the RAIB had a duty to investigate accidents in a railway station back office, for example, which are more properly the responsibility of the Health and Safety Executive.
During an investigation, RAIB inspectors will need to gain access to railway property, as well as to other
land or premises used in connection with the operations of the railways, if the inspector reasonably believes that they may contain evidence relevant to an accident or incident. I assure the hon. Lady that the premises of a railway company or those occupied by an employee in such circumstances could be entered using the powers in the Bill. With that assurance, I hope that she will withdraw the amendment.