Mrs Anne McIntosh (Vale of York, Conservative)

Mr John Spellar (Minister of State (Transport), Department for Transport; Warley, Labour)

I thank the hon. Lady for making my speech as well as hers.

Mrs Anne McIntosh (Vale of York, Conservative)

I am just practising.

Mr John Spellar (Minister of State (Transport), Department for Transport; Warley, Labour)

That is all right. A long apprenticeship is obviously needed.

The hon. Lady raised many points that I wanted to make about precedent and practicality. The Merchant Shipping Act 1995 is no more detailed about the marine accident investigation branch chief inspector's functions. It simply says that regulations may specify the functions of the chief inspector and MAIB inspectors. The powers of the rail accident investigation branch inspectors have been modelled on those of MAIB inspectors.

The hon. Lady rightly asked about the consultations that took place on the regulations. Those are intended to help us to draft the regulations, not just the Bill. We will consult on the regulations shortly after Royal Assent. She also asked about any differences in the aviation accident investigation branch and the experience of parallel bodies. The AAIB has seen the Bill and says that it has experienced no problems with similar provisions. The hon. Lady asked about our general consultation on the Bill and on what could be in draft regulations. We hope to publish a response to the consultation shortly—probably within the next month.

We have drawn on two successful models, exactly as Lord Cullen recommended, and we have asked how we can implement the best practice and procedures appropriate to the railways. How do we outline the functions of the inspector? In what framework will detailed regulations be drawn up and, if necessary, subsequently amended, without the need to return to primary legislation? Out of practicality, we are right to draw on experience, and we have struck the right balance between proper parliamentary scrutiny of the broad powers and a practical policy for implementation.

Mrs Anne McIntosh (Vale of York, Conservative)

I am most grateful to the Minister and may be able to assist him. He said that the Government would come forward with the regulations shortly after Royal Assent, but the word ''shortly'' means different things to different people. Will he put a time scale on that?

We have not yet reached the crux of the Opposition's concern. The enabling powers given under the Civil Aviation Act 1982, for which the most recent regulations were published in 1996, specify the powers of the inspector more precisely and define his functions. I am relatively new to politics, and so perhaps can still be surprised. I should like to know whether it is normal for a clause—in a Bill that is not the most controversial before the House—to state that a function shall be conferred on the chief inspector of a branch through regulations, without the House knowing when those regulations will come into force or having a chance to be consulted on the functions.

We discussed that matter at some length under clause 7, which covers the investigator's powers. The chief inspector's powers to inspect rail accidents and to enter land, which may include private property and dwelling houses, are very extensive. The 1996 implementing regulations of the Civil Aviation Act 1982 specifically state that the inspector shall be

equipped with a summons, albeit one made under his own hand. That gives the inspector very wide-ranging powers.

In the context of the Government's own Human Rights Act 1998, I am concerned that a number of people will object to the powers and the function of the chief inspector, and that we are being asked, in good faith, to agree that those functions will be decided later. I will revert to a similar point later in our discussions. The Minister is taking an awful lot for granted if he believes that the Opposition will agree to confer functions on the chief inspector through enabling legislation without having had any indication of what those functions might be.

The powers of the chief inspector are extensive, and the impact of a rail accident will be fairly localised. We are not considering the situation of a tanker accident at sea, or an air accident on the scale of Lockerbie, where damage and the fallout from the aircraft are spread over very large areas. The impact will be localised, and it should be easy to identify the affected areas. However, I ask the Minister to allow us to discuss the functions of the chief inspector. This is an appropriate point at which to discuss that, as the Secretary of State promised that we could have a lengthy and full debate in the Committee about the contents of the various clauses. Will the Minister share with us the functions of the chief inspector and the way in which the inspector will discharge those functions?

Mr John Spellar (Minister of State (Transport), Department for Transport; Warley, Labour)

We have been going over old ground already discussed under previous clauses. I stress again to the hon. Lady that the Merchant Shipping Act 1995 is brief about the functions of the chief inspector, and the details are left to the marine accident branch regulations. I do not want to be repetitious, and I have already outlined the reasons why we are acting in that way.

The hon. Lady also asked for a definition of ''shortly''. As ever in Government responses, ''shortly'' means shortly.

Question put and agreed to.

Clause 8 ordered to stand part of the Bill.