Clause 32 - Compulsory police services agreement
Railways and Transport Safety Bill
9:45 am
Mr David Jamieson (Parliamentary Under-Secretary, Department for Transport; Plymouth, Devonport, Labour)
Clause 32 gives the Secretary of State power to make orders requiring certain railway operators to enter into police services agreements. Such operators will commit an offence and be subject to a fine if they provide railway services without having entered into an agreement. The British Transport police authority will be under a duty to take reasonable steps to facilitate compliance by those required to enter into police services agreements and the Secretary of State will consult with those on whom he is considering imposing a requirement before he imposes it.
The hon. Member for Vale of York asked about the fine. It will be limited to the statutory maximum of £5,000 unless the company is convicted on indictment, when the fine could be unlimited. The fine is to ensure that the train companies take the need to enter into the agreement seriously. Of course, without that, the British Transport police could not be funded.
Let me clarify the point about the existing situation. At the moment the rail regulator cannot grant a licence to operate a railway asset unless the operator has a police services agreement with the employer of the British Transport police—that is, the Strategic Rail Authority. Any company that operates a railway asset without a licence—unless there are circumstances that exempt them—could receive a maximum fine under the circumstances that currently apply.
The hon. Member for Bath asks why it should be made an offence not to have a police services agreement via the licence? The simple answer to that is that it is already an offence. The hon. Member for Vale of York used the expression ''not to worry'' as advice to the train operating companies. There is no need to worry, because the situation has not changed materially—but the Bill must set that out clearly. She asks why that has to be enshrined in law and if there have been any difficulties with setting up the agreements. I do not know of any difficulties that have been created up to now, but she will appreciate
that the law has to anticipate every circumstance. As an advocate herself, the hon. Lady will know that the law has to look towards any circumstances that may arise in the future, and not restrict itself to those of the past. That is why the matter has been contained in the law.