Clause 3 - Establishment
Railways and Transport Safety Bill
9:45 am

Mrs Anne McIntosh (Vale of York, Conservative)
My understanding is that the present arrangements allow the Health and Safety
Executive to publish an annual report, which is debated. It emerged very clearly on Second Reading that there is a desire among hon. Members of all parties that the work of the rail accident investigation branch should be scrutinised closely once that work has commenced. As with other bodies set up under primary legislation, we believe that the most traditional and effective method of scrutiny would be by way of an annual report of the proceedings of the rail accident investigation branch to Parliament, in which case it would be laid in the normal way before the relevant Select Committee of each House and debated. If appropriate, it could even be debated on the Floor of the House or in the confines of Westminster Hall.
The rail accident investigation branch will have an important and, I hope, effective function in securing a perception of safety on the railways. The new branch would gain much credibility if an annual report were to be made and scrutinised by the House, particularly given that we shall later consider, notably under clause 7, what the branch's powers will be.
I propose that the rail accident investigation branch present its audited annual accounts to each House of Parliament. You reminded us at the outset, Mr. Hood, that the Bill carries both a money resolution and a Ways and Means resolution, which is extremely important for the scrutiny of the branch's work, as the Minister said. For example, there are currently no tramways in Scotland. Not so long ago, perhaps a century ago, there were tramways in Edinburgh and other cities in Scotland. It is not inconceivable, if the Minister does not discount it, that there will be tramways in the future.
It emerged clearly on Second Reading that there is deep concern on the Minister's own Benches about the relationship between the reserved and devolved powers. I had an opportunity to question the Advocate-General for Scotland on this point. The most vexed issue in relation to the balance between the reserved and devolved powers lies in the field of transport. The compiling of such an annual report and an audited annual account will be an opportunity for us to explore any potential conflict between the reserved and devolved powers.
Most agencies set up by primary legislation report to the relevant Select Committee—in this case, the Select Committee on Transport, on which I have the honour to serve. I believe that it is highly appropriate to consider the possibility of the branch both making an annual report and presenting audited annual accounts, as amendment No. 15 seeks.
The purpose of amendment No. 3 will be for the hon. Member for Bath to explore. I would prefer a full annual report. I do not think that there is too much daylight between my intentions and his. I would prefer the normal mechanisms of an annual report to be presented to the Select Committee on Transport and audited accounts to be presented to the Public Accounts Committee.
