Clause 26
Crossrail Bill
3:00 pm
Stephen Hammond (Shadow Minister, Transport; Wimbledon, Conservative)
The wording of the amendment means that we might be about to rehearse the same argument as has just been articulated. Its purpose is to ensure that appropriate consultation and an appropriate consultation process are carried out. In the present context, that should be prior to the adjustment by the Office of Rail Regulation of the pre-commencement access contracts. Clause 26(4) gives the ORR power to require concerned parties to submit proposals on how they should amend such access contracts, and the Opposition welcome that. Giving the parties to agreements the power at least to contribute to the decision-making process of the regulator will greatly improve the chances of effective modifications to such agreements.
Subsection (5) says that the ORR must consult the Secretary of State as part of that process. We welcome that too, especially as it puts the ORR under no particular obligation to abide by the Secretary of State’s directions. The requirement is one of consultation only. However, the consultation procedure ends there, and it seems short-sighted to presume that no one else will be affected at that stage by the changes to pre-commencement access contracts. The amendment is intended to ensure that the ORR is open to the concerns of other appropriate and relevant parties and that it consults them in a relevant and appropriate fashion.