Speeches by Smith.

“Fiona, you touched on the elections that are coming up. You said you have been around over a number of years, so I am sure you have seen changes of Government in Westminster and Scotland. Are you concerned that any future changes would threaten the ways of working that are set out in the MOU, or are you experienced eno…”

“This is the document that has just been published.”

“Out of interest, what engagement have you had on the production of the guidance that has just been published? Have you had any say in that, or has it just landed on your desk from the DFT, leaving you thinking, “It might have been nice to be asked about this”?”

“Can you foresee instances where the directions that the Scottish Ministers give conflict with the equivalent directions from the Secretary of State? Given your experience, how do you suggest that that could be mitigated?”

“I do not mean the devolution settlements; I just mean the work through of your relationships with the British Government on the Railways Bill. Do you think your outcomes will be worse than Scotland’s, as a result of that?”

“We have covered bits of my questions already, so I am going to pick out bits that we have not, and then possibly throw in something else. To start, given the different devolution settlements between Scotland and Wales, do you have concerns that Scotland will get better outcomes than Wales under the Bill?”

“You have touched already on the power to consult and the lack of anything stronger—there is no requirement to listen to or to have regard to the consultation. Are you disappointed by that?”

“We have covered bits of my questions already, so I am going to pick out bits that we have not, and then possibly throw in something else. To start, given the different devolution settlements between Scotland and Wales, do you have concerns that Scotland will get better outcomes than Wales under the Bill?”

“Clause 80 of the Bill puts a duty on GBR to consult with Scottish Ministers if it appears that a decision would “significantly affect the interests of Scotland’s economy or of persons living in, working in or visiting Scotland.” Do you think “significantly affect” is the right test?”

“Obviously, the Secretary of State down here will have the power to revoke directions made by Scottish Ministers like you, under clause 8. Is that a concern? Does there need to be a specific threshold in the legislation for when they can do that, or should they have free rein to do it whenever they like?”

“Finally on that, following the cancellation of the Avanti services in Wales, what discussions have you had with the UK Government about GBR reinstating some of these services once it is back in public ownership?”

“We have already heard a few comments from you on the passenger watchdog, and from others we have heard the view that it will lack sufficient power and independence to be a sufficiently powerful voice for passengers. Do you share that view?”

“You say that you think it is good to have that statutory underpinning. However, there is the opportunity to put some of what would be included in a memorandum of understanding into primary legislation rather than having it in a separate document. Do you think that that would benefit the relationship and insulate from e…”

“Do you think that more detail should be given on how that consultation would take place, or are you comfortable, given your experience, that what is there is okay?”

“That is useful.”

“Do you think that it is the right approach to have a memorandum of understanding—I think you have kind of covered that already—and are you confident that it will cover all the arrangements it needs to?”

“Fiona, you touched on the elections that are coming up. You said you have been around over a number of years, so I am sure you have seen changes of Government in Westminster and Scotland. Are you concerned that any future changes would threaten the ways of working that are set out in the MOU, or are you experienced eno…”

“You have talked a lot about the need for the MOU and how you are positive about that. Do you think there are any lessons to be learnt from that MOU structure and what is going to be in it for local authorities and mayoral authorities? From your experience, what should we be looking for particularly on that modal shift?…”

“Finally, next year’s elections came up in the session with the previous panel. Do you have any concern that changes of Government in Cardiff or Westminster threaten the ways of working that are set out in your MOU, and what do we need to be mindful of with the Welsh elections coming next year?”

“Do you think that it is the right approach to have a memorandum of understanding—I think you have kind of covered that already—and are you confident that it will cover all the arrangements it needs to?”