Clause 6 - Investigations
Railways and Transport Safety Bill
3:30 pm
Mrs Anne McIntosh (Vale of York, Conservative)
That is the second point. The first point is that it is as clear as mud what constitutes a road-running vehicle and what constitutes a rail-running vehicle. The Minister describes two different types of vehicle, both of which draw electricity from overhead. What differentiates them is that one is on a track and one is on a road. We still have not had satisfaction on that point. As my hon. Friend the Member for Uxbridge eloquently and succinctly put it, in which circumstances would the police investigate and in which circumstances would the branch investigate? Secondly, which arm of the police would conduct the investigation—the British Transport police or the British police force?
I take issue with the Minister over another issue to which the Committee may wish to return. He draws a distinction, with which I have some sympathy, between the statutory limitations referring to a court case, particularly for criminal proceedings and those for civil proceedings. However I think civil actions also have a statutory limitation relating to clause 6(8). I refer to note 15 on the reopening of the investigation in the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996. The Minister may assure us that the Government want to implement this regulation after the Bill's adoption. It states specifically:
''(1) The Chief Inspector may cause the investigation of any accident or incident to be reopened and shall do so—
(a) if, after the completion of the investigation, evidence has been disclosed which is in his opinion both new and important; or
(b) if for any other reason there is in his opinion ground for suspecting that the reputation of any person has been unfairly and adversely affected.
(2) Any investigation reopened shall be subject to and conducted in accordance with the provisions of these Regulations''.
I welcome the Minister's earlier explanation of why the aviation and maritime Acts left to regulations the implementation of provisions that appear in clause 6 for the rail accident investigation branch. But there is a serious omission in clause 6(8), in that the Bill does not go on to specify either the limited time within which the investigation may be reopened—so it would be time-barred—or the circumstances in which there would be a new investigation. I am sure that the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996 are equally reflected in the maritime regulations.