Five questions answered on four rail firms taking one government to court

Rail firms start legal action.

Four rail firms today have started legal action against the government over the cancelling of the Great Western rail franchise. We answer five questions on the current legal proceedings.

Which train companies are taking the government to court?

FirstGroup, Stagecoach, Arriva and National Express have all gone to court in a bid to claim compensation from the government.

What exactly do they want compensation for?

In January, the government cancelled the Great Western bidding process after it said it wanted to revaluate it after the collapse of the West Coast mainline a few months before.

Cancellation of the bidding process was a big blow for the train companies who would have spent about £10m on the process, hiring large teams of experts and lawyers to put together their bids.

How much could the train companies get as a pay out?

It is believed it could cost the government about £40m.

However, the BBC are reporting that a ‘stay’ period has been established  in the legal proceedings until the end of March allowing both sides to come to a compromise.

Ministers are currently compensating bidders who lost out on a defunct West Coast deal.

What are industry insiders saying?

Nigel Harris, the editor of Rail Magazine, speaking to the BBC said: "A refusal to refund may conform to the letter of the contract rules but utterly fails the 'right thing' test.

"It makes no sense to penalise innocent bidders - especially when you want and need them to re-bid."

However, lawyer Patrick Twist at Pinsent Masons told the BBC:

"By lodging papers with the High Court the bidders are keeping open their ability to pursue the Department for Transport for the costs they wasted on bidding for the cancelled Greater Western franchise procurement," he said.

"The department will strongly resist any claim and the same bidders will have the opportunity to rebid when the franchise is reprocured. So it would be surprising if this really does lead to litigation."

What is the government saying?

The government has come under increasing flak for messing up the process, which they have already spent £50m on.

Here is what Transport Secretary Patrick McLoughlin said earlier in the year: "In keeping with the relevant invitations to tender, which made clear that bidders are responsible for their own costs, the secretary of state does not believe it would be appropriate to reimburse bidders."

Photograph: Getty Images

Heidi Vella is a features writer for Nridigital.com

Getty
Show Hide image

Overlooking the effect of Brexit on Northern Ireland is dangerous for the whole UK

We voted to remain in the European Union. The tensions caused by the referendum outcome, and ignoring its effect on us, will cause utter carnage in Northern Ireland.

I’ve been from Northern Ireland all my life. Having spent many years living in Dublin, and now London, I’m quite used to that very fact making people uncomfortable. I get it. From a glance at the news, it would seem we fight each other about flags and anthems and are inexcusably proud of throwing glass at people in bowler hats, or daubing on our own homes the worst paintings ever committed to brickwork. Our tiny little protectorate has generated such disproportionate levels of confusing violence, most people are terrified of saying the wrong thing about any of it. We’re the celiac vegans of nationalities; the worry is that almost anything you offer will offend.

Most people avoid such worries by – whisper it – simply never acknowledging that we exist. This reflexive forgetfulness is, of course, a happy state of affairs compared to what went before. I refer, of course, to the period named, with that Ulster-tinged strain of sardonic understatement, the Troubles, when some 3,600 people were killed and ten times that injured. By some estimates, as many as 115,000 people lost a close relative to violence in this time, and many more a good friend, a colleague or an old school pal. Taken as a portion of 1.5m people, this means a startlingly high percentage of Northern Irish citizens have been directly affected by the conflict, certainly a higher percentage than that of, say, the English electorate who have ever voted for Ukip.

Northern Ireland also contains Britain’s only fully open border with the EU. I know because I grew up on it, specifically between Derry and Donegal, where my dad's back fence demarked an invisible boundary, a small hop from the UK to the Republic, and back. From a migration point of view, this poses a problem, so when Brexit was being deliberated, it did seem odd that Northern Ireland was barely mentioned at all, that the one border that exists in the entire country was given such scant reference during the campaign’s interminable duration. A dreaded EU migrant, travelling freely through Ireland toward my father’s house will not be subject to border checks once he has passed it quietly behind him. No machine guns, no "papers please", none of the fortified rigour mandated by the Leave campaign. Implementing such fortifications would, of course, be a practical nightmare, since so many live in Ireland but work in the UK, and vice versa. But the psychological effect of such a move would be infinitely worse.


Much of the Good Friday Agreement was predicated on free movement between north and south, and cross-border bodies that reinforced a soft-union of the two states; just enough to ameliorate nationalists, but nothing so resembling a united Ireland as to antagonise unionists. Making Irish-identifying Northern Irish citizens undergo any form of border checkpoint between the two countries would not just be a bureaucratic hassle, it would massively inhibit the self-determination nearly half of Northern Ireland's population takes from both countries’ status within a wider European state.

The peace that exists rests largely on this status quo, the acceptance of people who reject violent means and see little injustice in being allowed to live their lives within a British state that dignifies their close connection to their southern neighbours. It is hard to overstate how different this situation would be were armed checkpoints to re-emerge. I remember checkpoints as a child. I remember machine guns and dogs and my dad making sure we weren't nervous while he was being interrogated by armed men inspecting his driving license and checking under our car for explosives. This was every day. Rather than some novel development, this will be a direct, unbidden return to something we worked very, very hard to get away from, something we were promised was over, and something for which thousands of very stubborn, dangerous people struck what many considered a highly improbable truce.

It is this effort to which thousands of Northern Irish people now owe their lives, to which tens, perhaps hundreds, of thousands more can count among the living and healthy their siblings, their friends, their colleagues. This may not be at the forefront of minds in Carlisle or Cornwall or aboard the statesmanlike grandeur of a battlebus, but it is the lived reality of Northern Irish people. To stoke up these tensions risks sleepwalking out of a peace that was hard-fought and long considered unthinkable. To do so as a side effect of what appears to be, on its face, little more than a tussle for the leadership of a single political party with little-to-no presence in Northern Ireland seems distasteful in the extreme.

Having stating these facts to friends here in London, I’ve been touched by their sorrow for our plight but, for all their sympathy, it might still not have registered that our problems have a tradition of travelling to people in London and Dublin, in Birmingham and in Monaghan. If greater care is not given to the thoughts, aspirations and fears of Northern Irish people, and those still-present agents of chaos who would seek to use such discontent to their own violent ends, we risk losing a lot more than free use of bagpipes or pleasingly bendy bananas.

Westminster must listen to those who would bear the burden of Fortress Britain’s turrets near their homes or else, to borrow a phrase, Brexit will be a threat to our national security, our economic security and your family's security.

Séamas O'Reilly is a writer and musician. He tweets @shockproofbeats. His website is shocko.info.