Clause 33 - Arbitration by Secretary of State
Railways and Transport Safety Bill
10:00 am
Mr David Jamieson (Parliamentary Under-Secretary, Department for Transport; Plymouth, Devonport, Labour)
Clause 33 provides for the Secretary of State to determine disputes relating to a police services agreement between the authority and the operator. The clause also provides a means of appeal to the courts on the Secretary of State's determination, but only on a point of law. That places in legislation the current informal arrangements for dealing with disputes involving the Strategic Rail Authority, as the employer of British Transport police.
The hon. Member for Vale of York asked whether operators were required to enter into the police services agreement. Some operators might argue that
it is not essential to enter into the agreement—a freight depot employing its own security staff, for example. The Government would consult the operators before requiring them to enter into an agreement, but most are likely to be required to do so. The hon. Lady asked how disputes will be dealt with. They will be handled in exactly the same way as they are now. I emphasise that clause 33(1) is about
''the terms, construction or operation of the agreement''
and not about whether a person should enter into the agreement.
On the point made by the hon. Member for Bath, there is no question that operators should have to enter into the agreement. When a dispute about the terms has not been resolved after the police services agreement has been established, the Secretary of State, or someone appointed by him, would resolve the dispute.