HL Deb 23 October 1968 vol 296 cc1531-3

[No. 98]

After Clause 142, insert the following new clause:

Railways and Coastal Shipping Committee

".—(1) The Minister shall establish a committee, to be known as the Railways and Coastal Shipping Committee, for the purpose of—

  1. (a) considering and from time to time reporting to the Minister on matters which affect the interests both of the Railways Board and of persons engaged in coastal shipping, and in particular any such matters which the Minister may refer to the committee for consideration; and
  2. (b) dealing with any complaint as to the charges for the carriage of goods by rail made or quoted by the Railways Board in competition with coastal shipping, being a complaint which is made to the committee, or made to the Minister and referred by him to the committee, and which is so made by or on behalf of a body appearing to the committee or, as the case may be, to the Minister to be representative of the interests of persons engaged in coastal shipping.

(2) The committee shall consist of —

  1. (a) such number as the Minister thinks fit of shipping members, that is to say, members representing the interests of persons engaged in coastal shipping, who shall be appointed by the Minister after consultation with the President of the Board of Trade and with such body or bodies as the Minister thinks fit, being a body or bodies appearing to the Minister to be representative of such persons; and
  2. (b) the like number of railway members, that is to say, members representing the Railways Board, who shall be nominated by the Railways Board and of whom at least one shall be a member of that Board.

(3) The committee shall appoint one of their members to be their chairman and, subject to subsection (4) of this section, their procedure, including their quorum, shall be such as they may determine.

(4) If, at the meeting at which the committee consider any such complaint as is mentioned in subsection (1)(b) of this section, a majority of those present and voting of each respectively of —

  1. (a) the shipping members; and
  2. (b) the railway members,
are unable to agree together as to the action, if any, to be taken on the complaint, the chairman of the committee shall, if such a majority either of the shipping members or of the railway members so request, report the failure to reach agreement to the Minister who shall then refer the complaint for a determination of the matters referred to in subsection (5) of this section to a person appearing to the Minister to have suitable qualifications for that purpose.

(5) The matters to be determined by the person appointed by the Minister under subsection (4) of this section in connection with a complaint are—

  1. (a) the cost to the Railways Board of providing the services in question;
  2. (b) the cost of providing corresponding services by coastal shipping; and
  3. (c) the likely effect on the Railways Board and on persons engaged in coastal shipping respectively of losing the business in question to the other of them, including any effect of the loss of that business on the charges of that Board or, as the case may be, such persons for other services by way of the carriage of goods,
the costs referred to in paragraphs (a) and (b) of this subsection being broken down in such manner as the Minister may direct.

(6) The person appointed to determine the matters aforesaid in connection with a complaint—

  1. (a) may require the Railways Board and the complainant respectively to submit written evidence in support of their case; and
  2. (b) shall make any evidence so submitted by the Railways Board or by the complainant available to the other of them;
and subject to the foregoing provisions of this subsection the procedure for Cat; purpose of determining those matters shall be such as the Minister may direct.

(7) After considering the report of the person appointed to determine the matters aforesaid in connection with any complaint, the Minister may give to the Railways Board any directions which he may consider appropriate in the circumstances of the case.

(8) In this section the expression `coastal shipping' has the same meaning as in the Act of 1962."

The Commons agreed to this Amendment and have made the following consequential Amendment to the Bill:

[No. 99]

Page 262, line 7, after "141" insert "(Railways and Coastal Shipping Committee)".

4.48 p.m.

LORD HUGHES

My Lords, I beg to move that this House doth agree with the Commons in their consequential Amendment No. 99 to Lords Amendment No. 98. This Amendment would bring the new clause setting up a Railways and Coastal Shipping Committee within the list of provisions in the Bill, in Part I of Schedule 17, which are to be extended to Northern Ireland. This would ensure that, for example, matters affecting the interests of the Railways Board and of people in the coastal shipping business which relate wholly or partly to Northern Ireland will come within the scope of the Committee. I beg to move.

Moved, That this House doth agree with the Commons in their consequential Amendment No. 99 to Lords Amendment No. 98.

On Question, Motion agreed to.