Clause 13 - Extent
Railways and Transport Safety Bill
11:00 am
Mr Mark Lazarowicz (Edinburgh North and Leith, Labour/Co-operative)
I do not want to pursue the philosophical question of the essential nature and concept of a trolley bus, which the hon. Member for Vale of York referred to, but I would like to say something about Scotland being excluded from the clause's provisions. Unlike the hon. Lady, I have some knowledge of Edinburgh and of Scottish legislation, so I know why tramways are being excluded. The tramways are a matter that is devolved to the Scottish Parliament and Executive, whereas railways are a matter for this Parliament. However, I wonder whether the clause is too restrictive.
As the Minister made clear in Tuesday's debate, it was always envisaged that the rail accident investigation branch would have discretionary powers to investigate accidents on tramways. The relevant Scottish authorities might not have the expertise to carry out an investigation into an accident that occurred on a Scottish tramway, and they might wish to ask the United Kingdom rail accident investigation branch to investigate. So far as I can see, the exclusion in clause 13(2), which deletes references to tramways in Scotland, means that the rail accident investigation branch, which is given its powers under clause 6, would not be able to investigate such an accident, even if it were invited to by the Scottish authorities. I am sure that that is not intended; I may have read the clause incorrectly. Will the Minister confirm whether the rail accident investigation branch would have the power to investigate an accident on a tramway in Scotland if it were asked to do so by the Scottish authorities?