Welsh Ministers (Transfer of Functions) (Railways) Order 2018 — House of Lords, 2018-04-16
Topic: Transportation
Elizabeth Sugg (Conservative, Centre-right): My Lords, this order will transfer certain railway functions of the Secretary of State relating to the Wales and borders franchise to Welsh Ministers. The devolution of these powers takes forward one of the Silk commission’s recommendations and is an important part of our commitments in the St David’s Day Command Paper on a lasting devolution settlement for Wales. My noble friend Lord Bourne assured the House in November 2016 that the UK Government were committed to giving the Welsh Government greater control over their trains and that amendment to the Wales Bill was not required to ensure that a transfer of franchising functions would be taken forward. With this statutory instrument we are delivering on that commitment We have agreed with the Welsh Government that the draft order will transfer franchising functions to Welsh Ministers only in so far as they relate to Wales and borders services and stations wholly within Wales, and certain ancillary and related matters. Welsh Ministers’ statutory powers in Wales are to be supplemented by agency powers exercised on behalf of the Secretary of State for services in England up to the first station in Wales. These proposed arrangements will enable Welsh Ministers to procure and manage a replacement franchise that, like the current franchise, includes important cross-border services to and from English towns and cities, as well as some services entirely within England, while also providing appropriate accountability for the Secretary of State for rail services within England Much positive and practical work has been done by both Governments in readiness for Welsh Ministers taking on these greater responsibilities. Transport for Wales has been established by the Welsh Government to help to deliver the next Wales and borders franchise and the South Wales Metro project. My department has provided extensive support to help progress their franchising and metro proposals. The procurement process for the next franchise is already well under way. Both Governments have worked together to successfully deliver a series of procurement milestones, most recently the issuing of the invitation to tender in September By the time of the planned award of the new franchise later this year, both Governments intend to conclude a suite of devolution arrangements that will supplement the draft order. A series of agency agreements will set out conditions on the specification and management of the English part of the franchise. This will include a requirement for the Wales and borders franchisee to set up a separate borders business unit to manage services and stations in England and act as a focal point for liaison with relevant local authorities, subnational transport bodies and user groups Further agreements will set out arrangements for partnership working in respect of the management of the new franchise, the relevant funding and outputs to be provided, and the terms under which the Welsh Ministers will for the time being subcontract to the Secretary of State the exercise of the operator-of-last-resort responsibilities transferred to them by the draft order.