Clause 28
Crossrail Bill
3:15 pm
Tom Harris (Parliamentary Under-Secretary, Department for Transport; Glasgow South, Labour)
Clause 28 deals with two matters. The matter relevant to the amendment is that the clause secures the amendment of any remaining conflicting access rights when they are outside the central tunnel area and are applied for in order to complement Crossrail passenger services. To explain that further, it is possible that a prospective Crossrail operator could not reach an agreement on access rights with a facility owner outside the central tunnel area. They will therefore ask the ORR to direct proceedings under section 17 of the Railways Act 1993. When that procedure is invoked, there may be existing access contracts that conflict with the principal Crossrail passenger service, in which case the ORR needs the power to amend them.
The clause does not permit amendment to access charges without undertaking an access charge review under the 1993 Act. That would be the appropriate rail industry mechanism for ensuring that there is a resetting to the correct access charge payment between the parties affected by the clause.
The amendment would interfere with the ORR’s ability to amend the access charges. That would be a perverse result for the holder of access rights that are being amended as a consequence of Crossrail contracts. If compensation is appropriate, it can be considered separately. There does not need to be a power under the Bill to provide for it. We have given undertakings to the industry during the Select Committee stage of the Bill that we will, wherever possible, use industry mechanisms, which have associated compensation arrangements. That is the preferred solution of the industry. Where we need to adapt those mechanisms, we will seek to agree suitable compensation provisions with the ORR. I hope that that satisfies the hon. Member for Wimbledon enough for him to withdraw the amendment.