§ Mr. Ernest Daviesasked the Minister of Transport and Civil Aviation whether he will take steps to clarify the law which constitutes British Railways as common carriers in view of the uncertainty that at present exists in this respect.
§ Mr. WatkinsonI am not clear what uncertainty the hon. Member has in mind. I am advised that, in relation to passengers and certain classes of goods, the railways are common carriers at common law, in the same way as other carriers, to the extent that they hold themselves out to all who desire to employ their services, as willing to carry for reward those passengers and goods. If the hon. Member has in mind the statutory obligations placed upon the railways by Section 2 of the Railway and Canal Traffic Act, 1854, the provision126W under this Section prohibiting undue preference has been repealed, but the obligation to afford "reasonable facilities" still remains. The British Transport Commission has asked me to consider whether this provision might not also he repealed.