The privatisation of British Rail was set in motion when the Conservative government enacted, on 19 January 1993, the British Coal and British Rail (Transfer Proposals) Act 1993 (c3). This enabled the relevant Secretary of State to issue directions (as to the disposal of holdings) to the relevant Board. This was necessary since (in the case of the British Railways Board) they had to act, at all times, within the rules established by various Transport and Railways Acts – none of which would have allowed the Board to 'sell-off' any of its assets. The subsequent direction from the Secretary of State forced the creation of Railtrack PLC. This then paved the way, later that year for the Railways Act 1993 introduced by John Major's Conservative government. The operations of the British Railways Board (BRB) were broken up and sold off. This process was very controversial at the time, and the Labour opposition announced its intention to re-nationalise the railways, although this was not implemented by the subsequent Labour government. The manner in which privatisation was carried out has also received criticism for the number of companies involved (over 20), and its complexity.
Historically, the pre-nationalisation railway companies were almost entirely self-sufficient, including, for example, the production of the steel used in the manufacturing of rolling stock and rails. As a consequence of the nationalisation of the railways in 1948 some of these activities had been hived-off to other nationalised industries and institutions, e.g. "Railway Air Services Limited" was one of the forerunners of British Airways; the railways' road transport services, which had carried freight, parcels and passengers' luggage to and from railheads, ultimately became part of the National Freight Corporation, but not until 1969.
The preferred organisational structure in the 1970s was for the BRB to form wholly owned subsidiaries which were run at an arm's-length relationship, e.g. the railway engineering works became British Rail Engineering Limited (BREL) in 1970; the ferry operations to Ireland, France, Belgium and the Netherlands were run by Sealink (U.K.) Ltd, part of the Sealink consortium, which also used ferries owned by the French national railway SNCF, the Belgian Maritime Transport Authority Regie voor maritiem transport/Regie des transports maritimes (RMT/RTM), and the Dutch Zeeland Steamship Company. However, the BRB was still directly responsible for a multitude of other functions, such as the British Transport Police, the British Rail Property Board (which was responsible not just for operational track and property, but also for thousands of miles of abandoned tracks and stations arising from the Beeching Axe and other closure programmes), a staff savings bank, convalescent homes for rail staff, and the internal railway telephone and data comms networks (the largest in the country after British Telecom's), etc.
In 1979 the organisational structure of the BRB's railway operations still largely reflected that of the "Big Four" private railway companies, which had been merged to create British Railways over 30 years previously. There were five Regions (Scotland being a separate region), each region being formed of several Divisions, and each division of several Areas. There was some duplication of resources in this structure, and in the early 1980s the divisional layer of management was abolished with its work being redistributed either upwards to the regions or downwards to the areas.
The Thatcher administration developed a policy of selling off the nationalised industries into private ownership, or privatisation. As far as the railways were concerned, the government's policy had little effect during the whole period of the Thatcher administration except in relatively small areas, as it was considered that privatising core railway operations would be too difficult.
The chain of British Transport Hotels was sold off, mainly one hotel at a time, in 1982; Sealink (UK) Limited was sold in 1984 to Sea Containers Limited, who ultimately sold the routes to their current owner, Stena Line. In 1988 British Rail Engineering Limited was split between the major engineering works, which became BREL (1988) Ltd, and the (mostly smaller) works that were used for day-to-day maintenance of rolling stock, which became British Rail Maintenance Limited (BRML). BREL (1988) Ltd was soon sold to the Swiss-Swedish conglomerate ASEA Brown-Boveri, which renamed the company ABB Transportation. A merger between ABB Transportation and Daimler Benz created ADtranz on 1 January 1996; ADtranz was subsequently taken over by the Canadian-owned conglomerate, Bombardier.
For reasons of efficiency and to reduce the amount of subsidy required from government British Rail undertook a comprehensive organisational restructuring in the late 1980s. The new management structure was based on business sectors rather than geographical regions, and first manifested itself in 1982 with the creation of Railfreight, the BRB's freight operation, and InterCity, though the Inter-City branding had been carried on coaching stock since the early 1970s. Commuter services in the south-east came under the London & South East sector, which would become Network SouthEast in 1986. Services in Scotland were operated by ScotRail, and Provincial sector handled local and rural routes. The regional management structure continued in parallel for a few years before it was abolished. Sectorisation was generally regarded within the industry as a great success, and it was to have a considerable effect on the way in which privatisation would be carried-out.
In 1985 what may in retrospect be viewed as the harbinger of private rail operation occurred when the quarry company Foster Yeoman bought a small number of extremely powerful 3600 hp locomotives from General Motors' Electromotive Division (GM-EMD), designated British Rail Class 59, to operate mineral trains from their quarry in Wiltshire. Although owned and maintained by Foster Yeoman, the Class 59s were manned by British Rail staff. During acceptance trials, on 16 February 1986 locomotive 59001 hauled a train weighing 4639 tonnes – the heaviest load ever hauled by a single non-articulated traction unit. Foster Yeoman's class 59s proved extremely reliable, and it was not long before quarry company ARC and privatised power generator National Power also bought small numbers of Class 59s to haul their own trains.
Also in 1986, the possibility of breaking up British Rail was explored when discussions were held with Sea Containers Ltd, later the franchise operators of GNER, concerning the possible takeover of the railway on the Isle of Wight. However, the discussions proved abortive.
In Sweden in 1988 the State Railways, Statens Järnvägar, was split into two – Banverket to control the track network, and SJ to operate the trains. This was the first time a national railway had been split in this manner, and it allowed local county authorities to tender for local passenger services to be provided by the number of new train operators that appeared. The Swedish system appeared to be very successful initially, although some train operators subsequently went bankrupt, and the Swedish government renationalised its railway system in 2001. The Swedish experiment was watched with great interest in other countries during the 1980s and 1990s.
In 1991, following the apparently successful Swedish example and wishing to create an environment where new rail operators could enter the market, the European Union issued EU Directive 91/440.[1] This required of all EU member states to separate 'the management of railway operation and infrastructure from the provision of railway transport services, separation of accounts being compulsory and organisational or institutional separation being optional', the idea being that the track operator would charge the train operator a transparent fee to run its trains over the network, and anyone else could also run trains under the same conditions (open access).
In Britain, Margaret Thatcher was replaced by John Major as leader of the Conservative Party at the end of 1990. The Thatcher administration had already sold off nearly all the former state-owned industries, apart from the national rail network. Although the previous Transport Secretary and arch-Thatcherite Cecil Parkinson had advocated some form of privately or semi-privately operated rail network, this was deemed 'a privatisation too far' by Thatcher herself.[2] In its manifesto for the 1992 General Election the Conservatives included a commitment to privatise the railways, but were not specific about how this objective was to be achieved.[3] Contrary to opinion polls, they won the election on 9 April 1992 and consequently had to develop a plan to carry out the privatisation before the Railways Bill was published the next year. The management of British Rail strongly advocated privatisation as one entity, a British Rail plc in effect; Cabinet Minister John Redwood "argued for regional companies in charge of track and trains" but Prime Minister John Major did not back his view;[4] the Treasury, under the influence of the Adam Smith Institute think tank advocated the creation of seven, later 25, passenger railway franchises as a way of maximising revenue. In this instance it was the Treasury view that prevailed.
The Railways Bill, published in 1993, established a complex structure for the rail industry. British Rail was to be broken up into over 100 separate companies, with most relationships between the successor companies established by contracts, some through regulatory mechanisms (such as the industry-wide network code and the multi-bilateral star model performance regime). Contracts for the use of railway facilities - track, stations and light maintenance depots - must be approved or directed by the Office of Rail Regulation, although some facilities are exempt from this requirement. Contracts between the principal passenger train operators and the state are called franchise agreements, and were first established with the Office of Passenger Rail Franchising (OPRAF), then its successor the Strategic Rail Authority and now with the Secretary of State for Transport.
The passage of the Railways Bill was controversial. The public was unconvinced of the virtues of rail privatisation and there was much lobbying against the Bill. The Labour Party was implacably opposed to it and promised to renationalise the railways when they got back into office as and when resources allowed. The Conservative chairman of the House of Commons Transport Committee, Robert Adley famously described the Bill as "a poll tax on wheels"; however Adley was known to be a rail enthusiast and his advice was discounted. Adley died suddenly before the Bill completed its passage through Parliament.
The Railways Bill became the Railways Act 1993 on 5 November 1993, and the organisational structure dictated by it came into effect on 1 April 1994. Initially, British Rail was broken up into various units frequently based on its own organisational sectors (Train Operating Units, Infrastructure Maintenance Units, etc. - for more details see below) still controlled by the British Railways Board, but which were sold off over the next few years.
The original privatisation structure, created over the three years from 1 April 1994, consisted of:
The New Labour government (elected in 1997 once almost all of the privatisation process had been completed) did not fulfil its earlier commitment to keep the railways in the public sector. Instead, it left the new structure in place, even completing the privatisation process with the last remaining sales. Its one innovation in the early years was the creation of the Strategic Rail Authority (SRA), initially in shadow form until the Transport Act 2000 was brought into force on 1 February 2001 and the SRA assumed its full legal powers.
The Labour government always had an unhappy and uncomfortable relationship with the privatised railway industry, never really accepting that the assets and businesses had been sold to the private sector, frequently complaining that as the public subsidy which went into the industry was so large and likely to continue in perpetuity, the government was its principal paymaster and should make or substantially influence all major decisions. The intensity of political intervention came to a head immediately after the Hatfield rail crash in 2000, when Railtrack imposed over 1200 emergency speed restrictions on its network because it did not know where else on the network the type of metal fatigue - called gauge corner cracking or rolling contact fatigue - which had caused the crash might occur. The politicians intervened, with the Secretary of State for Transport John Prescott saying that Sir Alastair Morton, chairman of the Strategic Rail Authority, would impose a solution. Morton had neither the knowledge nor the powers to do this, and eventually the passenger and freight train operators - who were losing very large sums of money as a result of the severe operational disruption which was taking place - applied to the Rail Regulator for enforcement action against Railtrack. That action was taken almost immediately and normal network performance was established a few months later.
The aftermath of the Hatfield crash led to severe financial difficulties for Railtrack and just under a year later - on 7 October 2001 - the company was put into railway administration (a special kind of insolvency for railway companies which ensures continuity of operation of railway services) by the British High Court on the application of the then Secretary of State for Transport Stephen Byers. The circumstances of that step were very controversial (and eventually led to the largest class legal action in English legal history). The administration of Railtrack led to an explosion of costs as the discipline of the company's equity had been lost, and very sharp falls in performance. It lasted for a year; on 2 October 2002 the administration order was discharged and a new organisation, Network Rail, bought Railtrack PLC from its parent Railtrack Group PLC. Network Rail has no shareholders and is a company limited by guarantee. This new corporate structure for the national railway infrastructure owner satisfied many in the Labour party who thought that a company cannot serve both its shareholders and its customers in a way which facilitates and promotes the public interest. The time had come, they said, to "take back the track". In Parliament on 24 October 2005, Stephen Byers said he "[made] no apology for .. unwinding the Tory privatisation that was Railtrack" (House of Commons, Official Report (Hansard), 24 October 2005, column 66).
Further changes have followed, which have seen the government take back a greater degree of control, but the early demise of the SRA, which was its creation, suggests that the situation is still in flux and the right formula for the long-term health of the rail industry has not yet been found.
As an interesting postscript to the privatisation, in July 2006 the Conservative Party's shadow transport spokesman, Chris Grayling, admitted that the 1996 split of the rail industry into track and train components was a mistake which had increased costs: "We think, with hindsight, that the complete separation of track and train into separate businesses at the time of privatisation was not right for our railways. We think that the separation has helped push up the cost of running the railways - and hence fares - and is now slowing decisions about capacity improvements. Too many people and organisations are now involved in getting things done - so nothing happens. As a result, the industry lacks clarity about who is in charge and accountable for decisions." .[5]
Since 1997, considerable changes have taken place to the original structure of privatisation, of which very little is left unaltered. The principal changes are as follows:
There is considerable debate around the effect of railway privatisation, especially since the structure now in place is considerably different from that originally envisaged at the time of the Railways Act 1993. Some of the most common arguments for and against are:
The rail franchising system has in the past been a subject of criticism from companies, passengers, union leaders and some MPs. It has been said that the system is too complex and involves too many companies, some of which were sub contracted. This has led to confusions in responsibilities, incidents and incurring of high costs for companies and passengers.[15] This is one of the reasons which led Network Rail to take in all responsibility of maintenance, whereas previously the company had subcontractors.[16] Another example of a problem with the system involves GNER who went into bankruptcy protection after huge losses in money due to various payments.[15]
Some observers — such as the rail journalist and author Christian Wolmar — argue that the whole idea of separating track from train operations in this way is fundamentally misconceived [17] being based on the model of air transport, where the infrastructure, engineering and operational considerations are entirely different.
The administrative burden of the franchising rules, along with the many other regulatory overheads is extremely problematic for lightly used routes that have a high social value. As a result of this the state introduced the concept of a community railway. By loosening the regulatory rules on such lines the Department of Transport seeks to increase usage while driving costs down. It also provides a mechanism to directly involve the communities it serves and to work with them in improving effectiveness.
The Conservative Party, who initiated privatisation, are consulting upon options for the future. Several changes have been proposed including a shift to regional operators owning the track and trains for their regions. In their view the separation of track ownership from the service providers has proved a failure, and "the separation has helped push up the cost of running the railways'.[18] Such a shift would represent a return to the old British Rail model, but implemented by non-government organisations and franchise holders. However, critics say that were such a model to be applied to basic rail infrastructure, it would risk replicating the original mistake of the 1993 Railways Act - which fragmented the operation of train services among two dozen different operators. Many of these share infrastructure, and run competing services. Such a plan would be unworkable without the prior consolidation of existing franchises into just a small handful of regional operators.
Before losing power, the Labour Party planned to reform the existing system, and was reviewing options including a trial re-integration in Scotland. There has been discussion about the extremely high profits the ROSCOs make and proposals that would allow TOCs to own more rolling stock, or even to allow Network Rail to lease some stock. There have also been some market led changes in this area already with TOCs hiring in rolling stock and even locomotives from heritage railway organisations.
In 2004, the Labour Party Conference voted by 2 to 1 in favour of a TSSA motion calling on the government to take the TOCs back into public ownership as franchises expired. The policy was however immediately ruled out by the then Transport Secretary Alastair Darling.
EWS has performed studies with Network Rail on the cost of maintenance and as a result is currently pursuing an attempt to persuade the government to allow freight only line maintenance (particularly of the many short lines linking industrial sites) to be derogated from Network Rail control. Based upon analysis performed and on American/Canadian working practices for such freight routes they believe this could halve their maintenance costs. Such an approach would however only be appropriate for freight only routes.
As of January 2011, both the Labour Party and the Conservative Party back the current model of privatised railways, as do the Conservatives' coalition partners, the Liberal Democrats. The Green Party calls for renationalisation of the network.[19] Scottish Labour, the Scottish National Party and the Scottish Greens all have advocated for the renationalisation of the current ScotRail contract currently operated by First Group.
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