Clause 7 - Investigator's powers
Railways and Transport Safety Bill
3:30 pm
Mrs Anne McIntosh (Vale of York, Conservative)
I shall be fairly brief because clause 7 is worthy of a stand part debate for reasons similar to those that applied to clause 6. This is the meat of the Bill, the most controversial issue that we have reached so far and the most controversial in part 1.
Amendment No. 18 would define more narrowly the ''dwelling-house'' referred to in clause 7. We would prefer a reference to a dwelling-house within 500 yd of the railway property. The Secretary of State said on Second Reading:
''I agree that the granting of permission to enter people's property should be used sparingly.''
He went on to say that the Committee would be afforded an opportunity to ensure that the Bill
''is sufficiently tightly drawn to avoid unnecessary intrusion but still allows the investigation branch to carry out its work properly. In the past, investigators have sometimes found that their progress and ability to find things out quickly have been stymied because they could not get access . . . it is important that investigators should be able to get access as quickly as possible.''—[Official Report, 28 January 2003; Vol. 398, c. 771.]
The Secretary of State rightly points out that it is for the Committee to put those provisions in place.
As I have said, the clause is drafted too loosely. Under subsection (1)(b) an investigator may
''enter land (which may include a dwelling-house) which adjoins or abuts railway property''.
I feel that the Government should be more specific. I am glad to see that the Minister for Transport will respond to the debate, and I look forward to hearing his comments. Amendment No. 18 is tabled in a co-operative spirit.