Clause 8
Local Transport Bill [Lords]
5:45 pm
Stephen Hammond (Shadow Minister, Transport; Wimbledon, Conservative)
No, that is not the definition, nor do I understand the normal legal definition of “have regard to” to imply that either. As I said a moment ago, there is an obligation in the Bill on integrated transport authorities to consider integration across all modes of transport, but the amendment provides for an obligation on local transport authorities as well.
I am happy to accept the Minister’s correction as to exactly what “have regard to” means—my understanding and, I guess, the common parlance and common-sense version is that, after consulting, those involved must at least listen to what was said. If they then choose to ignore what was said to them, that is satisfactory, because they have consulted and had regard to it. I understand that to be the normal meaning of what is put in Bills, but I am happy to be corrected.
Before taking that intervention, I said that rail utilisation strategies are the basis on which Network Rail operates its consultation with local authorities and stakeholders—a formal review process. The amendment would make that process work both ways: just as Network Rail consults local authorities on rail utilisation strategies, so the authorities, when they put their local transport policy plans together, should consult Network Rail.
I understand why I am in the wrong, but I also understand that the Government might intend to produce some guidance to local authorities on whom exactly they should consult in the formulation of their local transport plans. I am looking for the Minister to update us on that and to give us more guidance.
It seems to me that local authorities and local people know their areas better, although some local decisions have to be taken in a national and regional context. It is the rail network that needs such context. My amendment would put the appropriate requirement on local authorities—they should consult and “have regard to” the response that they receive from the “rail infrastructure manager”, which covers both Network Rail and the operators, as well as the demands of both freight and passengers.