RAIL INFRASTRUCTURE AND IMPROVED PASSENGER SERVICE COMMITTEE INTERIM REPORT March 2006 RAIL INFRASTRUCTURE AND IMPROVED PASSENGER SERVICE COMMITTEE INTERIM REPORT March 2006 If you would like further copies of this report or a version in the following formats (large print, Braille, audio cassette or compact disk), please contact: Leanne Hatcher Rail Infrastructure and Improved Passenger Services Committee National Assembly for Wales Cardiff Bay CF99 1NA Tel: 029 2089 8429 E-mail: [email protected] Committee Members John Marek AM (Chair) Wrexham Leighton Andrews AM Rhondda Eleanor Burnham AM North Wales Rosemary Butler AM Newport West Janet Davies AM South Wales West Lisa Francis AM Mid & West Wales Carl Sargeant AM Alyn & Deeside Secretariat Chris Reading Committee Clerk Sarah Bartlett Deputy Clerk Leanne Hatcher Team Support Contents Page Number 1. Introduction 1 2. Roles and Responsibilities 2 3. Strategic Planning 8 4. Key Issues 9 5. What happens next? 14 Annexes 1. Schedule of Committee Papers 2. Verbatim Record of Committee Meetings 3. Consultation Letter 4. Schedule of Organisations Consulted 5. Summary of Consultation Responses 6. Structure of Welsh Rail Passenger Industry 7. Map of Rail Network 1. Introduction Background 1.1 The committee was established, in accordance with Standing Order 8.1, by a motion (NDM2735) that was approved by plenary on 6 December 2005. This motion set parameters for committee membership, terms of reference and various other matters; including the requirement to report to the National Assembly by the end of March and to terminate on 19 May 2006. 1.2 The committee held its inaugural meeting on 1 February 2006 to agree various procedural matters, including the election of the Chair. The committee heard oral presentations on 15 February, 8 March and 22 March; the committee papers and a verbatim record of these meetings can be viewed on the National Assembly website – www.wales.gov.uk 1.3 A schedule of committee papers is at Annex 1 and a copy of the verbatim record of these meetings is at Annex 2. Terms of Reference 1.4 The terms of reference for the committee inquiry are: • To formulate a programme of costed, achievable improvements in rail infrastructure and improved passenger services affecting Wales; and • To make recommendations to the Assembly on the improvements identified. Consultation 1.5 A written consultation was carried out during February and early March 2006. The consultation letter is at Annex 3; a schedule of organisations consulted is at Annex 4 and a summary of responses is at Annex 5. The consultation was publicised in news media, specialist publications and on the National Assembly website. Purpose 1.6 The purpose of this interim report is: to set out the roles and responsibilities of the key organisations involved with planning, funding and providing rail passenger services in Wales; to give our understanding of the strategic planning process; and to explore some of the key issues to emerge from the evidence received. 1.7 It is not intended to present any conclusions, as these will be included in the final report. 1.8 The next stage is explained in Section 5. 1 2. Roles and Responsibilities Legal Framework 2.1 The Railways Act 2005 transfers most of the functions of the Strategic Rail Authority (now defunct) to the Secretary of State for Transport in the UK Government. The Act requires that the National Assembly for Wales be a joint signatory with the Secretary of State for Transport to any franchise that provides services wholly within Wales. Under the Government of Wales Act 1998, these powers have been delegated, via the First Minister, to the Assembly Minister for Economic Development and Transport. 2.2 Under the Act, the Assembly Government can also: • Give financial assistance to any organisation for the purpose of developing Welsh railways (including Network Rail and Train Operating Companies); • Publish guidance jointly with the Secretary of State in relation to, and make any proposals for, closures of services or facilities that it funds; • Designate, where applicable, new services it funds as experimental for a trial period of up to five years. 2.3 In October 2005, the National Assembly became a joint signatory, with the Department for Transport, to the Wales and the Borders franchise, operated by Arriva Trains Wales (ATW). Transitional arrangements apply under that scheme until 1 April 2006, when the National Assembly will receive a resource transfer from the Department of Transport, become an active party to the franchise, and be responsible for funding all ATW services, except for a few services that operate only in England. Some of the features of this franchise will be outlined later. 2.4 From 1 April 2006, an agreement will be made between the Department of Transport and the National Assembly that will govern which party exercises which rights and liabilities under the franchise agreement. For example, the July 2004 White Paper, ‘The Future of Rail’, made it clear that the National Assembly will specify the services and fares for local services, within and bordering Wales. 2.5 The Transport (Wales) Act 2006 makes the National Assembly responsible for preparing a Wales Transport Strategy and gives it a general duty “to develop policies for the promotion and encouragement of safe, integrated, sustainable, efficient and economic transport facilities and services to, from and within Wales.” 2.6 The Act also provides measures to ensure that local transport planning is consistent with the Assembly’s overall transport strategy and provides for joint working arrangements and for joint transport authorities in Wales, so that local authority transport functions are carried out on a regional basis. 2.7 Part 3 of the Disability Discrimination Act 1995, which covers access to goods, facilities and services, says that people providing transport services 2 must make reasonable adjustments to their services so that they are accessible to disabled people. This duty is ‘anticipatory’ and transport providers should expect that disabled people will be getting on, travelling on and getting off their vehicles. They should consider what adjustments might be needed and put the necessary arrangements in place without waiting to be asked. This includes transport infrastructure (for example: stations, ticket sales, transport information), but excludes transport vehicles. 2.8 Requirements on station operators, contained within Part 3 of the Act have been introduced in three stages. Since 2 December 1996, there has been a legal obligation on service providers at stations, like other types of service provider, not to discriminate against disabled people by: refusing them service, providing them with service on worse terms or providing a lower standard of service. 2.9 Since 1 October 1999, service providers at stations, like other public buildings, must take reasonable steps, in all the circumstances of the case, to make ‘reasonable adjustments’ for disabled people, if it is necessary and reasonable to do so, in order not to discriminate, but only to the way in which goods, facilities and services are delivered – by offering extra help, or making changes to the way they provide their services (whether paid for or not). 2.10 The final stage of Part 3 came into force on 1 October 2004 and requires the following: 2.11 If there is any physical feature that makes it impossible or unreasonably difficult for disabled people to access a station’s services, the station operator will have to take reasonable steps, in all the circumstances of the case, in order for it to seek to either remove or alter this feature or provide a reasonable means of avoiding it or to provide a reasonable alternative method of making the service in question available. 2.12 The station operator cannot avoid making alterations to the station purely because they are not the owner of the station. Section 27 of the Act says that any lease will have effect as if the operator may make the alteration with the written consent of the owner. If a station operator is occupying the station under a lease, the owner cannot unreasonably withhold consent to meet the requirements of the Act. An owner could refuse consent, if they had reasonable grounds to do so, although this would be most unusual. 2.13 The Disability Discrimination Act 2005 amends the law in relation to the use of transport vehicles, including trains – which were previously exempt. The Act enables the Government to make regulations to lift the previous exemption of certain types of transport vehicles and in particular circumstances. It is expected that these regulations will come into force from the end of 2006. The Act also sets 1 January 2020 as the date by which all rail vehicles must fully comply. 3 Department for Transport 2.14 The Department for Transport (DfT), is headed by the Secretary of State for Transport, and is responsible for setting the broad strategy for the development of rail passenger and freight services in England and Wales. The Department has established new processes for strategic planning; through both a High Level Output Specification (HLOS) and Regional Planning Assessments (RPAs). These will be explained in more detail later. 2.15 At present, funding for railways is focused on paying for franchised train services and towards Network Rail, which receives its income through direct grants from the UK Government and from train operators. The Department for Transport is responsible for setting the outputs required from Network Rail, in terms of performance and capacity, for a price that is set by the Office of Rail Regulation (ORR). 2.16 The current Memorandum of Understanding between the Department for Transport and the Welsh Assembly Government, which sets out their respective roles and responsibilities, will require updating to reflect the provisions of the Railways Act 2005.