Turn on thread page Beta

B319 - Freedom of the Railways (Privatisation) Bill 2010 (Second Reading) watch

    • Thread Starter
    Offline

    18
    ReputationRep:
    B319 - Freedom of the Railways (Privatisation) Bill 2010, GovernmentAn Act freeing the railways from government ownership and allowing free and open competition in the provision of services and maintenance.

    BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-

    1. The dismantling and sale of British Rail (passenger services)
    (1) British Rail Regional Offices (BRRO) shall cease to exist after the completion of section 1(2) of this Act.
    (2) All rolling stock, property and other assets of BRRO shall be sold to the highest bidding Service Operator in a round of auctions to be completed within 2 years of this bill coming into effect.
    (3) BRRO shall continue to operate services until the rolling stock used to operate them is purchased then the right to operate the service shall be transferred to the Service Operator at midnight of that day.

    2. The dismantling and sale of British Rail Freight Services
    (1) British Rail Freight Services (BRFS) shall cease to exist after the completion of section 2(2) of this Act.
    (2) All rolling stock, property and other assets of BRFS shall be sold to the highest bidding Service Operator in a round of auctions to be completed within 2 years of this bill coming into effect.
    (3) Any continuing freight contracts shall be completed by BRFS before the rolling stock is sold.

    3. The dismantling and sale of British Rail Infrastructure Services
    (1) BRIS shall continue to operate in public hands until all of the rolling stock has been sold in accordance to sections 1(2) and 2(2) of this Act.
    (2) After this date BRIS shall cease to exist and it will become Rail Works plc which shall incorporate all of the assets of BRIS.
    (3) Rail Works plc shall be floated on the London Stock Exchange after a major audit has been carried out.
    (4) The system by which Rail Works plc shall be able to control access to infrastructure will be based on the market rather than any regulatory franchise structure. Any bids to operate a service should be considered on a commercial basis.


    4. The transfer of the role of the British Rail Administrative Office
    (1) The British Rail Administrative Office (BRAO) shall cease to exist after the completion of sections 4(2) and 4(3) of this Act.
    (2) The role of the Office in setting the price of tickets, publishing promotional material administering the Penalty Fare scheme and financial auditing shall be transferred to the Service Operators.
    (3) The role of the Office in operating the Avantix ticketing system, co-ordinating the Railcard discount schemes and collating the National Rail Timetable and National Rail websites shall be transferred to the Association of Rail Operators.

    5. The creation and role of the Service and Infrastructure Operator Registrar
    (1) The office of SIOR shall be created within one month of this act coming into effect.
    (2) Any companies wishing to purchase rolling stock and operate services must be registered as a Service Operator with the Registrar.
    (3) Any companies wishing to purchase, build or maintain tracks, signals, stations or other infrastructure on which Service Operators run service must be registered as an Infrastructure Operator with the Registrar. This includes Rail Works plc.
    (4) The decision to award Operator status shall only be based on concerns of market abuse and safety and the decision will be reviewed anually.
    (5) The Board of the Registrar shall consist of the Secretary of State, a representative from the Association of Rail Operators (once it is fully established), an appointed expert on rail safety and an appointed expert on the rail industry.
    i. Appointments to the Board of the two expert roles shall be made by the Secretary of State.

    6. The creation and role of the Association of Rail Operators
    (1) The Association of Rail Operators shall be created within one month of this act coming into effect and all registered Service Operators holding stock purchased from BRPS or BRFS will be invited to join.
    (2) The Board of the Association shall be made up of a representative from each Service Operator.
    (3) The Association of Rail Operators shall take on the roles stipulated by section 4(3) of this Act.
    (4) A report shall be submitted annually to the Board outlining the costs of running the Association and the amount paid by each member.
    (5) A mediation service shall be set up for the mediation of disputes between Service Operators and Rail Works plc.
    (5) All services shall be operated under the current system of fares until the completion of section 1(2) and 2(2) of this act.

    7. The creation and operation of the Government Rail Improvement Company
    (1) The Government Rail Improvement Company (GRIC) shall be wholly owned by HM Government and shall be operated as a business carrying out infrastructure projects on behalf of the government.
    (2) All current obligations for transport investment including those stated in the Domestic Transport Act 2009 shall be transferred to GRIC.
    (3) The GRIC shall be under the control of the Secretary of State for Transport.
    (4) The GRIC shall be registered as an Infrastructure Operator and shall have the same status as any other Infrastructure Operator.
    (5) The GRIC shall be subject to a financial audit each quarter to ensure that it is run efficiently.

    8. Commencement, extent and short title
    (1) The provisions contained in this Act come into force on the day on which all of the following conditions are satisfied:
    (a) This Act has been passed by this house.
    (b) This Act has been ratified by the Scottish Parliament
    (c) This Act has been ratified by the Welsh Assembly.
    (2) This Act shall extend to England; and
    (3) Shall be passed to the Scottish Parliament and Welsh Assembly for ratification.
    (4) Upon ratification, this Act shall extend to Scotland and Wales.
    (5) This Act may be cited as the Railways Act 2010.

    New For Second ReadingSection 7 stipulates a Government Rail Improvement Company, designed to ensure that infrastructure development doesn't go awry. It will initially use funds from the sale of assets as stipulated by this bill, and then will be able to use funds from renting or selling new infrastructure once it is built. This will ensure we don't lose the high-speed investment from the Domestic Transport Act.

    The Bill In Two Paragraphs (First Reading)All trains and infrastructure will be sold off in auctions to private companies whose bids are approved based only on concerns of market abuse and safety. A voluntary body will be set up to co-ordinate between operators and mediate disputes.

    Two years after assent Britain will have a rail system with various companies operating competitive services and only self-regulation and a safety net of the Registrar who can step in if there is market abuse or safety issues.
    Offline

    12
    ReputationRep:
    Orgasmic.
    Offline

    16
    ReputationRep:
    How are you going to create competition across the service?
    Offline

    1
    ReputationRep:
    Can I make a suggestion here:

    8. Commencement, extent and short title
    (1) The provisions contained in this Act come into force on the day on which all of the following conditions are satisfied:
    (a) This Act has been passed by this house.
    (b) This Act has been ratified by the Scottish Parliament
    (c) This Act has been ratified by the Welsh Assembly.
    (2) This Act shall extend to England; and
    (3) Shall be passed to the Scottish Parliament and Welsh Assembly for ratification.
    (4) Upon ratification, [AND SUBJECT TO ANY ALTERATIONS THEY MAY MAKE] this Act shall extend to Scotland and Wales.
    (5) This Act may be cited as the Railways Act 2010.
    This still makes the assumption that the Scottish Parliament and Welsh Assembly would ratify this as it is whilst we do not know that and as such it is better, and more firmly in accordance with the kind of devolution we have passed, to provide in the commencement section a reflection that any ratification is subject to changes made by the devolved institutions and also subject to a positive vote. I shall vote no, regardless of any other feelings on this bill, if this section doesn't reflect that kind of reality before this goes to vote.

    Please can we get this right?
    Offline

    0
    ReputationRep:
    (Original post by Adorno)
    Can I make a suggestion here:



    This still makes the assumption that the Scottish Parliament and Welsh Assembly would ratify this as it is whilst we do not know that and as such it is better, and more firmly in accordance with the kind of devolution we have passed, to provide in the commencement section a reflection that any ratification is subject to changes made by the devolved institutions and also subject to a positive vote. I shall vote no, regardless of any other feelings on this bill, if this section doesn't reflect that kind of reality before this goes to vote.

    Please can we get this right?
    Sure, but it needs to reflect that any alterations they make then need to be re-passed by this house (or the Federal Parliament). I'm happy to edit it for the vote (as I don't think we need a third reading to debate devolution semantics) to reflect that.

    B319, Section 88. Commencement, extent and short title
    (1) The provisions contained in this Act come into force on the day on which all of the following conditions are satisfied:
    (a) This Act has been passed by this house.
    (b) This Act has been ratified by the Scottish Parliament
    (c) This Act has been ratified by the Welsh Assembly.
    (2) This Act shall extend to England; and
    (3) Shall be passed to the Scottish Parliament and Welsh Assembly for ratification.
    (4) If the Welsh Assembly or Scottish Parliament make changes to this Act, it shall be passed back to the Federal Parliament for passing by the Federal Parliament.
    (5) Upon ratification, subject to any reconciled changes this Act shall extend to Scotland and Wales.
    (6) This Act may be cited as the Railways Act 2010.


    How about that? Bit clunky but you get the point.
    Offline

    1
    ReputationRep:
    (Original post by simontinsley)
    Sure, but it needs to reflect that any alterations they make then need to be re-passed by this house (or the Federal Parliament). I'm happy to edit it for the vote (as I don't think we need a third reading to debate devolution semantics) to reflect that.
    Not if you word it properly. Also - I can't remember if I pointed this out but it struck me reading this without pages of polarised tittle-tattle, there isn't a Department for Transport and there is not a single SoS for transport any more. Devolution put transport firmly in the hands of the four institutions [hence, presumably why you've left NI out of this]. Thus you'd have to make a choice: which minister or do you have a summit of the three working together on this?

    B319, Section 88. Commencement, extent and short title
    (1) The provisions contained in this Act come into force on the day on which all of the following conditions are satisfied:
    (a) This Act has been passed by this house.
    (b) This Act has been ratified by the Scottish Parliament
    (c) This Act has been ratified by the National Assembly for Wales.
    (2) This Act, subject to qualifications per clause (6), shall extend to England; and
    (3) Shall be passed to the Scottish Parliament and National Assembly for Wales for their consideration; and
    (4) Subject to changes made by the Scottish Parliament and National Assembly for Wales shall be ratified by the same; and
    (5) That the changes made by the Scottish Parliament and National Assembly for Wales shall be presented to the Federal Parliament for their consideration; and
    (6) Subject to alterations made in order to reconcile the versions ratified by the Scottish Parliament and National Assembly for Wales shall extend to Scotland and Wales.
    (7) This Act may be cited as the Railways Act 2010.

    Done. It's more complex now, but that's as it should be. Perhaps some explanation is in order. Since you are allowing that the SP and NAW may make alterations to the bill, it is important to reflect that in the bill as it extends to England or else you'll end up with three versions and a complete mess. Moreoever, it's important that this House realises that it would have to work with the devolved institutions in bringing reconcilable changes to prevent fillibustering of the bill because of the clauses in 8.1. I think this form provides for healthy engagement, is congisant of the independence of the devolved institutions, and respects the legislation that we have passed here.
    Offline

    0
    ReputationRep:
    (Original post by Adorno)
    Not if you word it properly. Also - I can't remember if I pointed this out but it struck me reading this without pages of polarised tittle-tattle, there isn't a Department for Transport and there is not a single SoS for transport any more. Devolution put transport firmly in the hands of the four institutions [hence, presumably why you've left NI out of this]. Thus you'd have to make a choice: which minister or do you have a summit of the three working together on this?
    Grrr. Damn your devolution of all transport, when you have a nationalised rail service, for the high speed and cross-country infrastructure links it seems a touch barmy I must say, but we'll work with it, I'll see what I come up with.

    I might just set up a QUANGO.


    Clunky isn't the half of it, it's damned ugly wording and working! Give me a second and I'll think of a solution since I'm the only one who actually gives a damn. It's more than semantics, btw, much more.
    In that case I shall leave it to you.

    EDIT: Just saw your edit, let me read it.
    EDIT2: It looks good, we'll use that for the final version of this bill.
    Offline

    1
    ReputationRep:
    (Original post by simontinsley)
    Grrr. Damn your devolution of all transport, when you have a nationalised rail service, for the high speed and cross-country infrastructure links it seems a touch barmy I must say, but we'll work with it, I'll see what I come up with.
    Well no, it's not barmy, it ensures that governments work together to bring about a truly nationalised rail service that provides services for everyone not just those who happen to live in London, Manchester, and Birmingham. By having the devolved institutions work together on providing a national transport infrastructure you get competition since they are trying to bring about the best networks for their respective jurisdictions and you ensure that no one is forgotten. I think that's far healthier than a centralised body such as the one you wish to create here.

    Yeah, that is me talking about competition and you about centralisation :p:
    Offline

    0
    ReputationRep:
    (Original post by Adorno)
    Well no, it's not barmy, it ensures that governments work together to bring about a truly nationalised rail service that provides services for everyone not just those who happen to live in London, Manchester, and Birmingham. By having the devolved institutions work together on providing a national transport infrastructure you get competition since they are trying to bring about the best networks for their respective jurisdictions and you ensure that no one is forgotten. I think that's far healthier than a centralised body such as the one you wish to create here.
    Well yes, I do appreciate the general benefits to decentralising, such as public service pluralism driving up standards, and in terms of most local services, I can see it being a very good thing (since the better models get replicated and the worse fall by the wayside, the whole point of competition), but I do appreciate somethings are better centralised, such as cross-country infrastructure, where the bigger picture can be viewed.

    As it is, we don't wish to centralise most of the rail service, we intend to increase competition beyond 4 providers (one in each geographical area), but just to have the high speed infrastructure building as a central body.

    Yeah, that is me talking about competition and you about centralisation :p:
    The world truly has gone mad. :p:
    Offline

    1
    ReputationRep:
    (Original post by simontinsley)
    Well yes, I do appreciate the general benefits to decentralising, such as public service pluralism driving up standards, and in terms of most local services, I can see it being a very good thing (since the better models get replicated and the worse fall by the wayside, the whole point of competition), but I do appreciate somethings are better centralised, such as cross-country infrastructure, where the bigger picture can be viewed.
    To be fair, though, the cross-country infrastructure legislation was passed before the Federal Britain Act so to demand its prescience is harsh.

    As it is, we don't wish to centralise most of the rail service, we intend to increase competition beyond 4 providers (one in each geographical area), but just to have the high speed infrastructure building as a central body.
    Pft. I'm pretty sure that your idea will still render my train service as being provided by 1 company.
    Offline

    0
    ReputationRep:
    (Original post by Adorno)
    To be fair, though, the cross-country infrastructure legislation was passed before the Federal Britain Act so to demand its prescience is harsh.
    Perhaps, but it is a slightly odd situation we find ourselves in here, especially when trying to reconcile the two as the bill proponents.

    Pft. I'm pretty sure that your idea will still render my train service as being provided by 1 company.
    Perhaps, but I can only apologise we don't pass legislation for just the benefit of one person (). Even then, it's no decrease in competition.
    Offline

    1
    ReputationRep:
    (Original post by simontinsley)
    Perhaps, but it is a slightly odd situation we find ourselves in here, especially when trying to reconcile the two as the bill proponents.
    Well you're not having to do an awful lot. The vast majority of the cross-country infrastructure lies in England, by the interventions of Norfolkadam last reading your government is only actually interested in them going to Birmingham, Manchester, and maybe Edinburgh and Glasgow at a push. It took a good while to convince him, and presumably your government, that extending it across to Wales or down to Bristol, Taunton, and Exeter is not a terrible idea. Still, I guess it depends on how anglo-centric you are.

    Perhaps, but I can only apologise we don't pass legislation for just the benefit of one person (). Even then, it's no decrease in competition.
    It's not just me though, it's thousands of other people. But in any case as I'm an ordinary person with not an awful lot of money, why should I expect a right-wing, slash and burn government to care about me and my services?
    Offline

    16
    ReputationRep:
    No, not a chance in hell
    Offline

    0
    ReputationRep:
    (Original post by SciFiBoy)
    No, not a chance in hell
    You're right, it wouldn't have a chance in hell, something this good would be in heaven. :o:
    Offline

    5
    ReputationRep:
    Seems good to me. Yawn.
    Offline

    16
    ReputationRep:
    (Original post by SciFiBoy)
    No, not a chance in hell
    They have nationalised railways in hell?
    Offline

    0
    ReputationRep:
    (Original post by cambo211)
    They have nationalised railways in hell?
    Of course.
    Offline

    14
    ReputationRep:
    (Original post by simontinsley)
    You're right, it wouldn't have a chance in hell, something this good would be in heaven. :o:
    Ba-dum-tisch!
    Offline

    1
    ReputationRep:
    (Original post by simontinsley)
    Of course.
    Hell looks like Switzerland?
    Offline

    0
    ReputationRep:
    (Original post by Adorno)
    Hell looks like Switzerland?
    Yeah, trust me...I'm well acquainted with hell, you know, being a Libertarian and all.
 
 
 
Turn on thread page Beta
TSR Support Team

We have a brilliant team of more than 60 Support Team members looking after discussions on The Student Room, helping to make it a fun, safe and useful place to hang out.

Updated: September 28, 2010
The home of Results and Clearing

3,667

people online now

1,567,000

students helped last year
Poll
A-level students - how do you feel about your results?

The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

Write a reply...
Reply
Hide
Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.