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The performance of the Department for Transport - Fleet News

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Processed: 26-02-2010 19:10:26 Page Layout: COENEW [E] PPSysB Job: 442441 Unit: PAG2Ev 24<strong>Transport</strong> Committee: Evidenceprescribing <strong>the</strong> in<strong>for</strong>mation which a TraYc Commissioner could require operators <strong>of</strong> registered local servicesto keep and provide (<strong>the</strong>se are set out in sections 6(9) (i) and (j) <strong>of</strong> <strong>the</strong> <strong>Transport</strong> Act 1985) and <strong>the</strong>re<strong>for</strong>e itwas not necessary to take any fur<strong>the</strong>r primary powers in <strong>the</strong> 2008 Act.I will write again in early 2010 with a full response to <strong>the</strong> questions on which I promised you fur<strong>the</strong>rin<strong>for</strong>mation.December 2009Supplementary memorandum from <strong>the</strong> <strong>Department</strong> <strong>for</strong> <strong>Transport</strong> (POD 01b)Thank you <strong>for</strong> your letter <strong>of</strong> 15 December 2009 regarding my exchange <strong>of</strong> views with Mr Clelland MPabout <strong>the</strong> future <strong>of</strong> <strong>the</strong> East Coast Main Line franchise.As you are aware, following <strong>the</strong> termination <strong>of</strong> <strong>the</strong> NXEC Trains Franchise Agreement, DirectlyOperated Railways and its subsidiary, East Coast have been established as “arms length” companies to fulfilmy duties as <strong>the</strong> operator <strong>of</strong> last resort, as required under Section 30 <strong>of</strong> <strong>the</strong> Railways Act (<strong>the</strong> “Act”).In accordance with <strong>the</strong> provisions <strong>of</strong> Section 23 <strong>of</strong> <strong>the</strong> Act, those services previously operated by NXECand which are currently being operated by East Coast, are designated as services that are to be providedunder a franchise agreement.Section 25 <strong>of</strong> <strong>the</strong> Act precludes public sector operators, including any Minister <strong>of</strong> <strong>the</strong> Crown, Government<strong>Department</strong> or o<strong>the</strong>r emanation <strong>of</strong> <strong>the</strong> Crown from being a franchisee and operating services designatedunder Section 23. <strong>The</strong> utilisation by <strong>the</strong> Secretary <strong>of</strong> State <strong>of</strong> his powers under Section 30 where he is obligedto secure <strong>the</strong> provision <strong>of</strong> services in <strong>the</strong> absence <strong>of</strong> a franchise agreement is an exception to this provision.In order to dis-apply <strong>the</strong> provisions <strong>of</strong> Section 23, it would be necessary to change <strong>the</strong> law by making anOrder, under Section 24, exempting such services <strong>for</strong> <strong>the</strong> carriage <strong>of</strong> passengers by railway from <strong>the</strong>provisions <strong>of</strong> that Section. This would also require <strong>the</strong> processes set out in Paragraphs 3 and 4 <strong>of</strong> Section24 to be observed.<strong>The</strong> process <strong>for</strong> re-letting <strong>the</strong> East Coast Franchise has already commenced and it is expected that <strong>the</strong>successor operator will be announced in late summer <strong>of</strong> 2010 with a view <strong>of</strong> commencing in November 2010.My overriding aim is to secure value <strong>for</strong> money <strong>for</strong> both <strong>the</strong> fare payer and <strong>the</strong> tax payer. I am very keenthat <strong>the</strong> state operator does a good job and provides a good service. I would expect any bids from potentialfranchisees to build on <strong>the</strong> high standards I hope East Coast will achieve, and any bids <strong>for</strong> <strong>the</strong> new franchisewill have to demonstrate better value <strong>for</strong> money than <strong>the</strong> state operator. If <strong>the</strong>y do not, <strong>the</strong>n <strong>the</strong> newfranchise will not be awarded and <strong>the</strong> franchise will continue to be run by East Coast.I hope this clarifies <strong>the</strong> position.January 2010This is an embargoed advance copy.Not to be published in any <strong>for</strong>m until00:01 on Thursday 4 MarchFur<strong>the</strong>r supplementary memorandum from <strong>the</strong> <strong>Department</strong> <strong>for</strong> <strong>Transport</strong> (POD 01c)Business Expenses <strong>of</strong> <strong>Department</strong> <strong>for</strong> <strong>Transport</strong> Senior OfficialsIn June 2009, <strong>the</strong> Cabinet Secretary announced that business expenses incurred by <strong>the</strong> most senior CivilServants would be published. <strong>The</strong> move reflected <strong>the</strong> Civil Service’s commitment to maximum transparency.All departments are publishing, on a quarterly basis, details <strong>of</strong> expenses incurred by <strong>the</strong>ir most senioroYcials (Directors General and above) and non-executive directors <strong>of</strong> <strong>the</strong> management board.As a result, <strong>the</strong> <strong>Department</strong> has today published on its website details <strong>of</strong> business costs, toge<strong>the</strong>r with ahospitality register, <strong>of</strong> <strong>Department</strong> <strong>for</strong> <strong>Transport</strong> senior oYcials. <strong>The</strong> initial return covers <strong>the</strong> periods from1 April to 30 June 2009 and 1 July to 30 September 2009, and <strong>the</strong> <strong>Department</strong> will in future be publishingbusiness expenses on a quarterly basis.<strong>The</strong> return is available on <strong>the</strong> <strong>Department</strong> <strong>for</strong> <strong>Transport</strong> website (http://www.dft.gov.uk).January 2010

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