Clause 38 - Regulations: approval in draft
Railways and Transport Safety Bill
11:00 am
Mrs Anne McIntosh (Vale of York, Conservative)
I have a small, probing question. The authority can make regulations under clauses 34, 35, 36, and 37 only if a draft has been approved by three parties:
''(a) the Chief Constable,
(b) the staff associations, and
(c) the Secretary of State.''
I shall play devil's advocate for a moment. We have established that the British Transport police's funding comes from three sources; the cost is substantial. Primarily, the transport police are paid for by the train-operating companies. The rest of the funding comes from Railtrack and London Underground, which give broadly similar amounts. Would it be appropriate for those paying for the service to be consulted, or has that never been considered a good thing? Are there specific reasons why the Minister did not consider that? Does he feel that it would be inappropriate?
The hon. Member for Luton, North referred to the federation as a trade union. I have always considered it to be more than a trade union. I have enormous regard for the British Transport police federation.
Many of us had contacts with our own branches of the Police Federation during the recent pay review. I do not want to stimulate a great debate on the issue, but the federation plays an important role and it often faces rebuffs.
On clause 38(5), what is meant by staff associations, and how do staff associations—one hates to use the term ''trade unions'' in this regard—fit in with the federation? Being simple-minded, I would like to know the difference, for the purposes of the clause, between the police federation and a staff association. To get answers to those two questions would be helpful.
Have the Government ever considered that it might be appropriate to pass the regulation by those who provide the funding? In most circumstances, the body that provides the funding cannot technically be considered as the employer. I accept that the British Transport police authority will be the employer, but if the employer were the Strategic Rail Authority, I imagine that the industry might be consulted on the regulations. Will the Minister clarify whether it is a change, or whether it has always been the case? Will he also confirm what constitutes a staff association?