§ Mr. BakerTo ask the Secretary of State for the Environment, Transport and the Regions what assessment he has made of the adequacy of track maintenance carried out by Railtrack. [64662]
§ Ms Glenda JacksonRailtrack and its contractors are required under the Health and Safety at Work, etc. Act 1974, to ensure, so far as is reasonably practicable, that risks to people's health and safety from their work activity are properly controlled. This includes the maintenance of its railway infrastructure. The Health and Safety Executive (HSE) monitors Railtrack's compliance with the law.
HSE's Railway Inspectorate has identified some locations where track standards have fallen below an acceptable level. They have reminded Railtrack of its responsibilities and ensured that the appropriate action has been taken to maintain safety. HSE will not hesitate to take further action which they consider appropriate to ensure safety is not being compromised.
§ Mr. BakerTo ask the Secretary of State for the Environment, Transport and the Regions if he will list the numbers and locations of speed restrictions put in place by Railtrack for safety reasons at(a) 1 May 1996, (b) 1 May 1997 and (c) 1 May 1998 and those on the day responsibility was handed over from British Rail to Railtrack. [64663]
§ Ms Glenda JacksonThe information requested is not held by my Department or the Health and Safety Executive (HSE). There is no specific legislation which requires Railtrack to report details of speed restriction it imposes to the HSE.
§ Dr. CableTo ask the Secretary of State for the Environment, Transport and the Regions what are the respective roles of the Secretary of State, Rail Regulator and Franchise Director in resolving failures of co-ordination between Railtrack and rail franchisees. [64929]
§ Ms Glenda JacksonThe general duties of the Secretary of State, the Rail Regulator and the Franchising Director are set out in sections 4 and 5 of the Railways Act 1993.
The Rail Regulator has published a policy statement about the need for more effective consultation and better co-ordination between Railtrack and the train operating companies, and between train operators themselves, on timetable planning. Proposals to introduce a formal 46W consultation process to take place in advance of the timetabling bidding cycle are currently being considered by the rail industry.
§ Dr. CableTo ask the Secretary of State for the Environment, Transport and the Regions what emergency powers he has to override Railtrack and rail franchisee managers where their activities pose a threat to safety and to the national economy. [64930]
§ Ms Glenda JacksonThe Health and Safety Executive have powers under the Health and Safety at Work, etc. Act 1974 to ensure that safety risks to people at work are properly controlled, including the power to take enforcement action. Under section 118 of the Railways Act 1993, in time of "great national emergency" the Secretary of State may give directions to the Rail Regulator, the Franchising Director, the owner or operator of a railway asset, and any provider of railway services.
§ Dr. CableTo ask the Secretary of State for the Environment, Transport and the Regions what penalties have been imposed on(a) Railtrack, (b) South West Trains and (c) other franchisees as a result of failures of co-ordination between Railtrack and franchisees. [64928]
§ Ms Glenda JacksonThe Franchising Director does not have a contractual relationship with Railtrack. Railtrack has regulated commercial agreements with Train Operating Companies which include incentive arrangements. The Franchising Director's franchise agreement with South West Trains includes a performance regime that rewards and penalises improvements and deterioration in punctuality and reliability. Similar arrangements apply to other London commuter franchises and some regional and rural rail services. The cash flows under the regime are published in the OPRAF Quarterly Bulletins, which are in the Library of the House.