Railways and Transport Safety Bill

Part of the debate – in the House of Lords at 12:30 pm on 3 July 2003.

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Photo of Lord Berkeley Lord Berkeley Labour 12:30, 3 July 2003

My Lords, I support the amendment. I hope that in his reply the Minister will say that, following assurances which I believe were given at earlier stages of the Bill, whatever means the Health and Safety Executive has used to assess the charges on the railway industry—I declare an interest as chairman of the Rail Freight Group—this measure will not widen the scope of the activities and issues for which they make a charge. In other words, if the HSE does not make a charge for prosecution at present, it would not do so in future, even if the mechanism for charging were different.

The noble Lord, Lord Bradshaw, mentioned train operating companies, but I believe that the provision applies to anyone with a licence, which would include Network Rail as well. It is extraordinary that, in those circumstances, such organisations would have to pay for their own prosecution. That seems to be all wrong. Therefore, I trust that my noble friend will say that this provision is outwith the scope of any proposal for charging which the Health and Safety Executive may put forward.