§ Mr. MackinlayTo ask the Secretary of State for Transport what proposals he has to indemnify or exempt the franchising authority, or operators, from charges of collusive or anti-competitive behaviour when determining the national timetable and connecting services where there exist competing operators and demands for connections of services, train paths, track and related facilities.
§ Mr. FreemanThere will be no need to grant such indemnities. Railtrack will allocate access to the network and prepare the operating timetable, subject to the oversight of the rail regulator, who will be responsible for authorising access agreements. The regulator will have duties to promote competition and to protect the passenger's interests, and will have to take these into account when deciding whether to authorise access agreements. The Restrictive Trade Practices Act 1976 will not apply to the provision of railway services. The regulator will also have the power to refer matters related to the provision of licensed railway services to the Monopolies and Mergers Commission to investigate whether they operate against the public interest.