HL Deb 28 October 2004 vol 665 cc152-4WA
Lord Berkeley

asked Her Majesty's Government:

What consultation has taken place with Strathclyde Passenger Transport Authority and Strathclyde Passenger Transport Executive in connection with the Draft Scotland Act 1998 (Modifications of Schedule 5) Order 2004, laid before Parliament on 9 September, in so far as it relates to the ability of Scottish Ministers to transfer the powers of those bodies on the provision and regulation of railways to themselves. [HL4449]

Lord Evans of Temple Guiting

The proposal to transfer the rail powers of the Strathclyde Passenger Transport Authority and Executive (SPTA/E) was set out in the Scottish Executive's transport White Paper,Scotland's Transport Future, published in June 2004. I understand there has been contact between the Scottish Executive and SPTA/E both before and after the publication of this paper at which this proposal was discussed.

If agreed, the draft order laid before the House on the 9 September (and which is also being considered by the Scottish Parliament) will extend the legislative competence of the Scottish Parliament, not the Scottish Ministers. It will then be for the Scottish Parliament to decide, should such a measure be put before it, whether or not to transfer the powers of the SPTA/E to the Scottish Ministers.

Lord Berkeley

asked Her Majesty's Government:

Why no regulatory impact assessment has been prepared for the Draft Scotland Act 1998 (Modifications of Schedule 5) Order 2004, laid before Parliament on 9 September, given that exercise of the proposed transfer of powers provisions will impact on business and other bodies in west central Scotland and in view of the key role played by the provision of railways in economic development. [HL4450]

Lord Evans of Temple Guiting

The decision not to provide a regulatory impact assessment is in accordance with the guidanceBetter Policy Making: A Guide to Regulatory Impact Assessment issued by the Cabinet Office. The draft order varies the competence of the Scottish Parliament. The draft order does not in itself have a direct or indirect impact (whether benefit or cost) on business, charities, the voluntary sector or the provision of railways in economic development. It would not therefore have any regulatory impact.

Lord Berkeley

asked Her Majesty's Government:

In respect of the Draft Scotland Act 1998 (Modifications of Schedule 5) Order 2004, laid before Parliament on 9 September, how the transfer of staff from the regional bodies into the Scottish Civil Service will assist the Government's pledge to cut the number of civil servants. [HL4451]

Lord Evans of Temple Guiting

If agreed, the draft order laid before the House on the 9 September (and which is also being considered by the Scottish Parliament) will extend the legislative competence of the Scottish Parliament. It has no impact on the transfer of staff from regional bodies into the Civil Service in Scotland. Nor does the order have any bearing on the Government's pledge to reduce numbers in the Home Civil Service.

Lord Berkeley

asked Her Majesty's Government:

Whether the Scottish Executive have the necessary powers to take on the rights and responsibilities connected with the signing of the Scottish passenger rail franchise, as suggested in paragraph 22 of the Explanatory Memorandum to the Draft Scotland Act 1998 (Modifications of Schedule 5) Order 2004, prior to changes to primary legislation, as proposed in the rail White Paper of July 2004. [HL4452]

Lord Evans of Temple Guiting

Paragraph 21 of the Explanatory Memorandum states that the draft order will allow the Scottish Parliament to legislate for the existing rail powers of the Strathclyde Passenger Transport Executive/Authority to be transferred to the Scottish Ministers. The Government will introduce a Railways Bill when parliamentary time allows to provide for those measures that require primary legislation.