Clause 36

Part of Crossrail Bill – in a Public Bill Committee at 11:15 am on 27 November 2007.

Alert me about debates like this

Photo of Stephen Hammond Stephen Hammond Shadow Minister (Transport) 11:15, 27 November 2007

I beg to move amendment No. 21, in clause 36, page 25, line 27, at end insert—

‘( ) Before the Secretary of State exercises the power under subsection (1), he shall consult such persons likely to be affected by the exercise of the power.’.

I am sure that the Committee’s usual good humour will return after the previous, slightly more controversial debate. The clause allows for the disapplication or modification of certain franchising and access exemptions. The exemptions in question are those that remove the  ORR’s task of approving or directing access contracts and those that prevent Heathrow services from being franchised. What is missing from the clause is any hint of consultation—that has been a recurring theme of my comments throughout our sittings. The Committee will notice that the Government sometimes want to reassure us that consultation will take place even though there is no such provision in the Bill. I believe that to make the Bill work and to ensure that the exercise of the exceptional powers that are being granted to the Secretary of State is transparent, consultation procedures should be included in the Bill.

As we have said several times, Crossrail is a massive undertaking. Its implications are not just physical, as they affect a complex web of agreements that characterise the railway industry. To facilitate the multiple changes required to expedite such a project, the Bill should adjust existing legislation, but the clause fails to ensure that those who will be affected by the changes are given the voice that they should be allowed prior to those changes coming into effect. My amendment gives the clause the necessary transparency and gives those who have not been given a voice the voice they should be allowed.