§ Mr. Don FosterTo ask the Secretary of State for Transport what legislation exists relating to vandalism on the railways; what plans he has to update this legislation; and if he will make a statement. [64142]
§ Mr. JamiesonThe legislation used by the British Transport police in relation to acts of vandalism is:
England and Wales
- Criminal Damage Act 1971
- Railway Byelaws
Scotland
- Malicious Damage (Common Law)
- Railway Byelaws
- Criminal Law (Consolidation)(Scotland) Act 1995.
Under the Railway Safety (Miscellaneous Provisions) Regulations 1997, Railtrack, as the infrastructure controller, is required to prevent unauthorised access to the track, so far as is reasonably practicable and to the extent necessary for safety.
There are no plans to update this legislation in relation to vandalism on the railways.
§ Mr. Don FosterTo ask the Secretary of State for Transport what guidance has been given by his Department to(a) the British Transport police, (b) the Health and Safety Executive and (c) the railway industry regarding vandalism on the railways; what plans he has to update the guidance; and if he will make a statement. [64143]
§ Mr. JamiesonThe Department has not issued any guidance on vandalism on the railways as this is an operational matter for the industry. However, the Minister for Transport, John Spellar, spoke at the Trespass and Vandalism on the Railways Conference in October 2001 where he encouraged the leading players in the industry to implement a more coherent national strategy to deliver a sustained, visible and effective campaign to tackle the problem. The Government are pleased to note that all sections of the rail industry recently came together in the National Route Crime Group to examine and promote ways of tackling trespass and vandalism on the railways.