Clause 37
Crossrail Bill
11:30 am
Tom Harris (Parliamentary Under-Secretary, Department for Transport; Glasgow South, Labour)
I rise to disappoint the hon. Gentleman. The purpose of clause 37 is to ensure that the closure provisions of the 2005 Act do not apply when such a closure is required in connection with the construction or maintenance of the Crossrail works, or as a consequence of Crossrail passenger services. That disapplication does not apply to Crossrail services or facilities themselves. To deliver the Crossrail project, it will be essential to alter track and stations and to reorganise suburban services and much of that has the potential to be classed as closures. Even quite small changes can be classed as closures
If the Secretary of State decides whether to apply closure procedures—it is a function that she cannot delegate—the clause provides that she would consider the closure proposals by, or on behalf of, the nominated undertaker, and challenge them as necessary in reaching her decisions.
There is nothing to prevent the Secretary of State from consulting when she thinks that it would be appropriate, especially given that she would consider the proposals in the context of her duties to the national rail network, not just the Crossrail project in isolation. She might, for example, look at the extent to which the interests of others had been taken into account in the process, where possible. She might also decide that a closure merits being subject to the closure procedures in the 2005 Act with the consultation process that that entails. However, I think that she needs some flexibility to do what is appropriate in each case rather than to have a blanket requirement to consult.
This issue gets to the nub of our opposition to the amendment. What concerns me about the blanket requirement is that it risks creating false expectations of what the Secretary of State would be able to do in the light of consultations. For example, if a consultation on a small scheme resulted in arguments opposed to the closure, it would still have to go ahead to enable Crossrail passenger services to proceed. A few closures, such as of services and parts of stations are central to, and part of, the project proposals before Parliament. As I have said, the Secretary of State would be duty bound to consider those in the wider context of the UK railways.
Finally, the finer details of closure requirements are likely to emerge in the detail design process. Network Rail is likely to undertake most of the network works and will play a major part in the detail design process. It will be in Network Rail’s interest to ensure that the wider interests of the network and its other users are taken fully into account from the outset. I hope, perhaps in vain, that following this explanation, the hon. Gentleman will see fit to withdraw the amendment.