New Clause 5 - Eurotunnel
Railways and Transport Safety Bill
2:30 pm

Photo of Mrs Anne McIntosh

Mrs Anne McIntosh (Vale of York, Conservative)

My extensive knowledge is not so extensive after all. Perhaps someone here today could put us out of our misery. My hon. Friend has touched on the question. Surely it must be right that the rail accident investigation branch will not be given a duty or a right to investigate tunnel accidents. The right approach in any conceivable circumstance would be to give the task of channel tunnel investigation to a suitable bi-national tunnel accident investigation body. I would be mildly surprised if such a body did not already exist. I believe that that responsibility is already given to the Channel Tunnel Safety Authority under article 2(1)(c) of the treaty of Canterbury. In those circumstances, we question the need for the rail accident investigation branch to have any direct responsibility for investigating tunnel incidents, although there may be a case for co-opting RAIB experts to assist with an investigation. This part of the Bill would allow for that, as would article 2(6) of the treaty.

This is a probing new clause. Will the Minister confirm that the RAIB will not amend the treaty of Canterbury, that this part of the Bill will not give powers to any RAIB inspector or investigator to investigate such incidents, and that any such investigation will be given to a bi-national body? I am sure that we would not wish to have French inspectors crawling over our side of the channel tunnel other than under arrangements already agreed—having been born a Scot, I am obviously more tolerant. This is a possible omission in the Bill and clarification would be helpful.

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