RMT helpline 0800 376 3706 :: april 2011 :: RMTnews 13 R MT group convenor in the Scottish Parliament Elaine Smith MSP established through questions to the Scottish government that under current legislation it has the power to plan, specify, let, manage and finance Scottish passenger services which begin and end in Scottish borders, which is the current Scotrail Franchise. Elaine’s questioning has established that the Scottish government has almost complete freedom over the provision of these passenger services but with one important exception. According to further replies legislation also means that Scortail services must be put out to tender and that Scottish government does not have the power to take passengers services back in house when the Scotrail franchises expires in 2014. It is clear that unless national legislation is changed, Scotland will have to rely on Scotrail services being run by the private sector. Together with sister union TSSA and with the support of the RMT Parliamentary group at Westminster the union has embarked on a campaign to the change this legislation. The union has argued that national infrastructure should remain owned by Network Rail as a national body. However it is wrong that the Scottish government should be compelled to tender rail passenger services that begin and end in Scotland. The Scottish government is responsible for the provision of health and education services so it is appropriate that it should also decide whether to tender its rail passenger services. The unions saw an opportunity to change the legislation by persuading MPs to put amendments to the Scotland Bill which deals with devolving powers to Scotland and is currently passing through the Westminster Parliament. The opening shot in the campaign came from RMT regional organiser Ian Macintyre who, as part of a Scottish TUC delegation meeting Scottish Labour MPs, argued that Labour should back an amendment to the Scotland Bill that would mean in future the Scottish government would not have to franchise Scotrail passenger services. The union then made representations to the Westminster Scottish Affairs Select Committee which was scrutinizing the Scotland Bill, which was then followed up by Labour backbencher Tommy Docherty MP, seconded by RMT group member Katy Clark MP, tabling an amendment. During the debate on the amendment Tommy Docherty MP argued that “the new clause had a great deal of support for the measure from the trade unions in Scotland”. Official opposition spokesman Tom Greatix argued “the new clause deals with an issue that was probably neglected in the transfer of powers to the Scottish Parliament in relation to rail, and it is appropriate and sensible that we use the opportunity of this Bill to resolve that. “On that basis, we intend to support it and assume, given that it is a sensible proposal on a technical issue, that the Government will not have too much of a problem with it,” he said. However government spokesman David Mundel MP said that the government was opposing the legislation because they were committed to a network that “is publicly specified, and funded in the public interest” but is “provided by the private sector”. He went on to say the “government do not agree with that proposal because we believe that it would open the opportunity to fundamentally alter the national framework by allowing a renationalisation of the railway in Scotland”. Without government support the amendment fell by 293 votes to 172. However the campaign continues, the Scotland Bill still has a long way to go through Parliament during which time unions will be campaigning hard to win majority support for the amendment. Watch this space to see how you can support the campaign and read more of the parliamentary debate by visiting www.rmt.org.uk PARLIAMENTARY BATTLE OVER RAIL POWERS IN SCOTLAND