Written Evidence – Translink (TRA0020)

1                   executive summary

1.1           Northern Ireland Transport Holding Company is a statutory Public Non-Financial Corporation which owns and controls seven private limited subsidiary companies providing public passenger transport throughout Northern Ireland (‘NI’) and internationally across the border with the Republic of Ireland (‘ROI’), under the brand, Translink. 

1.2           We welcome the opportunity to respond to this call for evidence.

1.3           Translink provides rail and bus services across the Irish border both on its own and co-operatively with ROI partners, Iarnród Éireann and Bus Éireann.

1.4           It operates the Enterprise cross-border rail service along the Belfast-Dublin corridor, carrying approximately 942,000 cross-border passengers every year.  Along with many bus and coach services which also run along and across the border, in rural areas. Currently Translink operates approximately 18 cross-border coach and bus routes for passengers in both NI and the ROI which includes the provision of 72 cross-border bus journeys per week-day, carrying in total more than 450,000 passengers every year.

1.5           Following Brexit, Translink considers it of significant importance to these communities to maintain such services both sides of the border.

1.6           The outcome of negotiations between the EU and UK will inevitably have a direct effect upon the services Translink can provide across the border.  Any EU or UK/ROI agreements which are made concerning the future of the Irish border are of significant importance to Translink and should be considered in the context of the existing Common Travel Area (‘CTA’), which predates the EU, as well as non-EU international agreements such as COTIF and the Interbus Agreement.

1.7           Translink considers that any post-Brexit border arrangements should maintain, and where possible, improve current, rapid and efficient cross-border transit with a minimum (if any) of new regulatory or administrative requirements.  This is important for social cohesion, and daily life in border communities, and to give effect to joint social and wellbeing programmes which have been developed between ROI and NI.  It is important that public transport is continued to be to be seen as an effective option for travel, such that current ridership continues to grow, and the environmental and social benefits continue to be realised. 

1.8           Cross-border rail and bus services are currently ‘seamless’ from the perspective of passengers.  We consider that a key objective regarding the border should be to ensure that, at minimum, the service currently provided should continue and ideally, improve.  We consider that such enhancement is in the interests of both ROI and the UK from the perspective of both trade and the social benefit of border communities and is also in line with EU and UK objectives.

1.9           The maintenance and improvement of current services will necessarily involve ensuring that those services are efficient and effective to operate.  ROI and NI populations are comparatively low by EU standards and it is consequently critical that any additional administration, regulatory compliance or costs are minimised to ensure that overheads do not make journeys overly expensive (for passengers and/or the public purse) or impractical. 

1.10      Regulatory standards, licences and safety requirements are currently consistent and mutually recognised and there is no practical reason why such services should no longer continue to operate as they currently do following Brexit.  Consequently, we anticipate that arrangements based upon mutual recognition (e.g. vehicle approvals, driver licences and safety measures) can continue after Brexit and we would like to see an outcome where parallel regulatory approvals or applications would not be necessary.  We would also wish to see an outcome where additional administration was not required when services cross the border, as the impact would slow public transport, affect punctuality and reliability, and undermine its appeal to passengers.

1.11      The level of bilateral integration of services and close cooperation is distinct to Ireland.  In rail, the island of Ireland has a different gauge from elsewhere in Europe and operates according to a common rule book.  Established relationships for bus and rail exist between Translink and its ROI equivalents.  All overland public passenger transport is either domestic or between ROI and NI – no other States are involved.

1.12      Translink consequently considers that close alignment with ROI transport providers on operational and functional matters is important to ensure a common travel area in Ireland is effective.  In this respect, Translink considers there are advantages in adopting and aiming towards the same technical standards as its partners in ROI.  Translink sees little advantage in departing from this consistent approach to standards within Ireland.

1.13      More widely, public passenger transport in ROI and NI operates within a market, population and environment which differs in a number of key respects from elsewhere in Europe (and within the UK).  Due to the comparatively small population of NI (with a comparatively low population density based around two major cities) public transport is needed to provide a public service where market dynamics would not always produce such services.  Closely related communities either side of the border (including a large number of dual nationals) and long-established free movement, mean that daily cross-border trips are common and many people depend upon them.  For many people. services are often located on the other side of the border.

1.14      The needs public transport serves in Northern Ireland are consequently not the same as those elsewhere in Europe.  They are not similar to considerations of services crossing multiple borders or to the structural issues associated with large public service providers, nor to high density services associated often with commuter traffic or short intercity transit in dense conurbations.  Public transport solutions in NI should therefore be considered according to the specific circumstances applying to this region.  For this reason, European transport policy (largely aimed at other types of service in the EU) is not always entirely appropriate for the reality of the situation in NI. 

1.15      Translink considers that high standards in public transport are important to ensure passengers choose to travel and are given the best service practical.  It would also wish to ensure that it remains able to access European suppliers to provide the best value vehicles and fittings for its passengers.  Where improvements can be obtained for the community in ROI and Northern Ireland, Translink would like to see the EU, ROI and UK continue to work proactively together to support and fund existing projects and future ones.  Brexit should not change such support where it benefits those on both sides of the border.

1.16      Translink would like to see continued support for the development of the Enterprise cross-border service post-Brexit.  Both Governments (and Translink and IE) support an Enterprise strategic development plan aimed at improving rail services between Dublin and Belfast.  Such a project, in the context of Brexit and the continuing CTA underlines the continued connectivity of the island and the connection of the communities. Translink considers that continued support and implementation for it will demonstrate a working ongoing relationship following Brexit.

1.17      Translink does not propose or advocate any particular approach or solution to post-Brexit cross-border transit.  However, we do consider that in any Brexit outcome options are available to allow the continued operation of services across the border.  These may be based upon bilateral arrangements within the competence of ROI as an EU member state such as continued recognition of the CTA and/or the adoption of cross-border agreements or EU/UK agreement to ensure that transit will continue.  This may be through a transition period for current arrangements, a withdrawal and future cooperation agreement or a bespoke transport agreement. 

1.18      In the following sections we provide greater detail on the above and direct answers to the questions raised by the Inquiry.  We would welcome the opportunity to participate further and to assist the Inquiry as necessary.

2                   About translink

2.1           Translink is Northern Ireland’s primary public transport provider. 

2.2           The Translink group consists of a Public Corporation, the Northern Ireland Transport Holding Company (‘NITHC’) (established under the Transport Act (Northern Ireland) 1967)), which owns and controls a number of private limited subsidiary companies including Citybus Ltd (‘Metro’), Ulsterbus Ltd, Northern Ireland Railways Company Ltd and NIR Operations Ltd, together branded as ‘Translink’.

2.3           Collectively referred to as a Public Non-Financial Corporation, this effectively means Translink carries out its operational activates with a degree of commercial independence, whilst within their statutory remit and governed in policy terms by the Department for Infrastructure (‘DfI’), part of the Northern Ireland Executive.

2.4           In October 2015, DfI entered into a Public Service Contract with NITHC, for a 5-year term (with a 1-year extension).  The contract cements the implementation of European and NI legislation in the provision of public transport.  It establishes Translink as the principal provider of public transport services with exclusive rights and an obligation to operate a timetabled network of integrated bus and train services in Northern Ireland (‘NI’).

2.5           In addition, the organisation operates on an all-island basis providing a range of cross-border bus and rail services through collaboration and cooperation both at governmental level and directly at an operational level with the Irish state owned operators: Iarnród Éireann (‘IE’) (Rail) and Bus Éireann (‘BE’)[1] (Bus). There is a historical precedent for this working alliance dating back to pre-EU membership.

2.6           Translink is a major employer in NI with approximately 3,800 jobs provided across the region. It operates approximately 12,500 services every day and carries approximately 1.6 million people every week. To put this in context, NI has a population of about 1.8 million people.

2.7           Translink is working to deliver its 5-year strategy, ‘Get on Board’, which sets out a vision ‘to be your first choice for travel’.  Now in year 2, the strategy focuses on 4 key objectives:

(1)            Operational Excellence; (2) Customer Satisfaction; (3) Passenger Growth; (4) Value for Money.

Providing essential public transport services to the people of NI, which impacts the wider NI community, supporting the economic growth and prosperity of the region.

2.8           Translink has seen strong passenger growth over recent years connecting people to work, education, hospitals and health centres, shops, social activities, leisure and tourism attractions. Carrying over 81 million passenger journeys, the highest in 20 years.  This is the second, consecutive year that Translink's fare paying passenger numbers have increased – overall by over 3 million.

2.9           Translink would like to thank the Committee for the opportunity to contribute to the Inquiry and would welcome the opportunity to make an oral submission.

3                   background

Cross-Border Bus

3.1           Currently Translink operates approximately 18 cross-border coach and bus routes for passengers in both NI and the Republic of Ireland (‘ROI’) (see table below at paragraph 2.4) which includes the provision of 72 cross-border bus journeys per week-day, carrying in total more than 450,000 passengers every year. In addition, BE operates 11 services within NI undertaking 70 journeys per weekday.

3.2           Cabotage (where passengers are picked up and dropped off between two places in the same country by a transport operator from another country) is undertaken on 46 of the daily journeys where Translink pick up passengers within the ROI as well as NI. Particularly on the rural Fermanagh – Cavan border, where the bus services cross the border on multiple occasions along its route.

3.3           Whilst there remains a strong focus on key routes between Belfast and Dublin (such as the Express service from Belfast to Dublin Airport and Dublin City which is jointly operated in partnership with BE) and Derry/Londonderry to Dublin, there is also a network of localised cross-border bus services providing essential services in rural border areas. These services are primarily local short-distance stage carriage services operating for small border communities. A key feature of these services is that passengers are picked up by Translink in the ROI.

3.4           The following table sets out some of the cross-border coach and bus routes for passengers in both NI and ROI:

Cross-Border Rail

3.5           The Belfast to Dublin scheduled rail service, branded as the “Enterprise”, is jointly operated with IE under a cross-border agreement.  There are 18 scheduled Enterprise services per day which connect Lanyon Place Station, Belfast with Connolly Station, Dublin and which, subject to timetabling, stop at up to 5 intermediate stations along the route (Lisburn, Portadown, Newry, Dundalk and Drogheda).  Under the current arrangement, ownership of the trains is shared and services are operated by train crew from both companies.  The cost of operation and revenues are also shared.

3.6           Translink also operates other services between Belfast and Dublin to special events such as concerts and sporting fixtures.  In 2017/18 some circa 1 million passengers travelled between Belfast and Dublin on cross-border rail services.

Cross-Border Alliance

3.7           Translink participates with IE and BE in certain ‘all-island’ schemes for the benefit of the NI and ROI public. For example, persons aged 65+ who hold a NI Senior SmartPass (issued as part of the DfI concessionary fares scheme) can travel across the border (and on internal public transport services within ROI) for free. An ROI Senior Citizen SmartPass holder (issued by the Department of Employment Affairs and Social Protection in ROI) will similarly be entitled to travel for free on cross-border (and internal public transport services) when they arrive in NI. This provides an essential all-Ireland free travel scheme for Senior Citizens on both bus and rail. NI Blind and War Disabled pass holders also get free point to point cross-border travel from North to South and South to North. Providing these cross-border co-operative arrangements with as little additional administration as possible is of upmost importance to Translink.

3.8           Translink continues to review the potential high level issues which it may face as a result of Brexit and these will be addressed further within this submission, however Translink considers that the key issue for its future transport arrangements is to provide continuity, and ideally enhancement, of cross-border services and to ensure that the punctuality, reliability and quality of service are maintained for its passengers.

4                   road

Is a post-Brexit agreement on passenger transport by road in the mutual interest of the EU and the UK? If so, what provisions would be necessary for such an arrangement to be effective?

4.1           As a publicly funded operator of passenger transport, Translink’s principal interest in any future agreement is in ensuring that cross-border passenger services continue to be provided with as little additional administration, disruption or restriction as possible.

4.2           Many of the cross-border (and cabotage) services provided by Translink predate the UK’s accession to the EU and have historically operated as the only local service provision. For example, the Monaghan (ROI) to Middletown and Armagh (NI) stage carriage service is operated by Translink rather than by BE.

4.3           To date, these services have been provided in accordance with the liberalised EU standards for international passenger transport to enable movement of passengers across the Irish border, to facilitate the transport requirements of those on either side of the border. There is currently mutual recognition on both sides of the border of each other's licencing/permitting arrangements. Accordingly, there is cooperation at Government level i.e. between the respective licencing authorities – DfI in NI and the National Transport Authority in the ROI. This is important for interoperability and creating cross-border efficiencies which have ultimately helped to ensure a high level of service and benefits for passengers. To ensure that passengers of road transport in NI and the ROI are no worse off post-Brexit, it is essential that such mutual recognition between operators, government agencies and licencing authorities is continued or, if a new arrangement is introduced, that it is at least no more complex or onerous than the current system.

4.4           It is important to recognise that current cross-border Translink services operate to provide those on both sides of the Irish border with access to health services, tourism, employment, shopping, education and other necessary public services. In addition, Translink currently employs a number of staff who live in the ROI. The reality, therefore, is that a means of ensuring ongoing public passenger transport is more than a matter of mutual interest. It is a necessity post-Brexit. Translink notes that this is the shared position of the UK, ROI and the EU. 

4.5           Translink would wish to see arrangements put in place to ensure that the current effective working arrangements across the border (which make public transport a viable option for many users) are not lost, diminished or made less efficient (including maintaining the ease of transit with security or regulatory delays). 

4.6           In light of the above, Translink would welcome a post-Brexit agreement on passenger transport, but note that the principal issue is how this is achieved in practice and what form it would take. On this basis, Translink recognises that there is a need to distinguish between:

(a)            an agreement between the UK and the EU (as a whole); and

(b)            the possibility for bilateral agreements between the UK and ROI which are accepted by the EU as being compatible with the internal market and its core policies and objectives,

noting that the geographical and practical requirements of the Irish border may be specific to NI/ROI and not wholly comparable to other UK/EU border issues.

4.7           It is possible that either or both the above arrangements could be put in place although the precise method is a matter for Government.  As border transport and the interests of local communities would seem to be a matter of particular interest to the Member State (ROI) concerned, Translink anticipates that ROI may see the issue as one of subsidiarity such that a bilateral agreement may be appropriate.  Translink would not consider this contrary to the policies of the EU or the UK.

4.8           Translink note the Common Travel Area ("CTA"), which was established by a bilateral UK-ROI agreement, provides for reciprocal rights, including (amongst other things):

(a)            the right to enter and reside in each other's state without being subject to a requirement to obtain permission; and

(b)            the right to work without being subject to a requirement to obtain permission.

4.9           The CTA is intended to be preserved through the draft Withdrawal Agreement (published by the UK Government on 19 March 2018)[2] (if such an agreement can be reached[3]).[4] Translink note, however, that the Irish border is still a key issue of negotiation in the Withdrawal Agreement and there is no certainty that a withdrawal agreement will be reached.

4.10      With regard to the form of any post-Brexit agreement on passenger transport, Translink recognise that, if a politically acceptable means of addressing the Irish border is identified as part of Brexit, the CTA would seem to form the basis of a potential bilateral passenger transport agreement which ROI, UK and the EU could accept.

4.11      In any event, any ongoing form of agreement for cross-border public passenger transport by road must allow:

(a)            vehicles to be used on both sides of the Irish border;

(b)            vehicle maintenance etc. to be conducted on either side of the Irish border;

(c)             drivers to be able to continue driving either side of the Irish border and for permits to be recognised both sides of the Irish border;

(d)            passengers and staff to cross the Irish border without interruption;

(e)            vehicles to cross the Irish border without the need for additional regulatory compliance checks;

(f)              current operations to continue driven by efficient arrangements with ROI operators (including BE) to prevent the need to operate parallel or divided services; and

(g)            non-discrimination and equal treatment between operators based either side of the border providing/ applying for public service contracts, travel cards etc,

to allow operation of services without significant delays at borders or significant additional paperwork and administration.

4.12      Consequently, any agreement will need to provide (at least) for:

(a)            mutual recognition of vehicle standards/licencing and driver licensing which, for the avoidance of doubt, should include mutual recognition and co-ordination by the ROI and NI licencing authorities to prevent unnecessary or damaging impacts on passenger services;

(b)            alignment of vehicle maintenance and roadworthiness;

(c)             free transit of persons (to the extent this is not dealt with in any wider agreement about the border);

(d)            the right to work in both countries (if the current position is altered);

(e)            a framework for close working relationships between government departments, issuing authorities, regulators and enforcement agencies on both sides of the border, continuing operational level timetabling for passenger benefit; and

(f)              equal treatment in bidding/ public contracting.

What opportunities and challenges does Brexit present for UK road transport standards, including vehicle type approval, licencing and the market growth of low-carbon and automated vehicles?

4.13      Translink currently operates fleets of circa 1,400 buses and coaches.

4.14      With regard to Translink's fleets of buses and coaches:

(a)            vehicle type approvals are managed by manufacturers who are currently predominantly based in the EU, with some located in the UK; and

(b)            vehicle licensing is overseen by the Driver and Vehicle Agency based in NI.

Both vehicle type approvals and licensing are currently mutually recognised for bus and coach operations both in NI and the ROI.

4.15      Translink is currently developing its bus and coach fleets to be environmentally friendly and fully accessible to customers with reduced mobility. In so doing, Translink continues to work with manufacturers (predominantly based in the EU), to develop innovative vehicle designs incorporating fuel efficiency, low carbon and clean emission technologies.

4.16      Translink note that following the Brexit vote, currency volatility between the Sterling and the Euro has led to price increases for both vehicles and replacement parts. If trade tariffs were to be introduced into the EU and the UK markets post-Brexit, the resulting price increases may limit the competiveness of existing EU based suppliers thus limiting the ability of Translink to access the most suitable products for its service types.

4.17      In light of these issues, Translink recognises that, to the extent that Brexit may cause additional barriers and/or issues with respect to the current arrangements for vehicle type approvals, licencing and the market growth of low-carbon and automated vehicles, it has the potential to present challenges to Translink's ongoing ability to provide its services in as efficient, reliable and punctual manner as it currently does for its passengers. Accordingly, it is important that current arrangements continue in a manner no more complex and/or administratively burdensome post-Brexit for both existing and new vehicles so as to ensure that Translink is able to continue to source vehicles and vehicle types that are compatible and mutually recognised by the relevant authorities on both sides of the border.

4.18      That said, NI and the whole island of Ireland more widely, is a comparatively small market with a comparatively small and low density population.  It has particular characteristics which influence the most effective means by which public transport can be provided.  This includes the need to provide local public transport in rural areas between communities either side of the border where it would be uneconomic to operate similar services on a commercial basis.  It has also benefitted from an integrated approach to public transport such that bus and coach services benefit from connectivity with rail and overheads can be controlled.  These local characteristics of the communities and market Translink serves differ from some of the issues experienced elsewhere in Europe and which do in some cases influence the policy of European regulation.

4.19      In this respect, Translink welcomes a localisation approach based upon assessing the particular needs of its own communities.  Translink consequently recognises there may be some advantages in the UK for NI being able to take an regionalised view with respect to its provision of bus and coach services.  On this basis, Brexit may present an opportunity to defer and consider the implementation of some current and proposed EU legislation before ensuring it is fully appropriate for NI.   

4.20      By way of example, Translink notes the current EU Commission's proposal for a regulation amending Regulation EC (No) 1073/2009 on common rules for access to the international market for coach and bus services.  While Translink does not hold a policy position on this proposal, it is aware that ROI has sought to challenge the proposal on the basis of the importance of local decision making (subsidiarity) and the particular characteristics of the local bus market in ROI (which is in some respects similar to that in NI).  Brexit may allow an opportunity to postpone and consider implementation of some of its proposals to ensure they are right for NI before they are implemented.

5                   Rail

Is there a positive case for UK divergence from EU rail legislation, including the four 'railway packages'?

5.1           Post Brexit, Translink will continue to operate both cross-border passenger rail services and purely domestic ones.  This is unique in the UK (by contrast, Eurostar essentially provides only international services with very limited cabotage).  Where it operates cross-border services, Translink does so in collaboration with IE on an all-island network which is structurally different (e.g. has a different gauge – 5ft 3in (in NI/ROI) as opposed to 4ft 8.5in (in rest of UK/EU) and both networks are isolated from the remainder of the European rail networks.  This makes certain considerations (such as aspects of interoperability and transit) less complex.

5.2           Within NI, Translink operates on a comparatively small network with a small market where there are substantial benefits to be gained from integrating public transport across modes.  These aspects also make Translink’s (Northern Ireland Railways) operations unique in the UK. 

5.3           Translink consequently believes that it is important to consider its specific regional needs when assessing the benefits of current and future EU and UK rail regulation.  We have considered the application of EU rail legislation to both international services and domestic ones below.

International Services

5.4           Translink and IE operate cross-border services collaboratively across the rail networks in NI and the ROI.  The cross-border Enterprise rail service is essential to further strengthening economic links and is key to building competitiveness and increasing close communication links between Belfast and Dublin. The service also provides social and environmental benefits by decongesting roads, promoting all-Ireland tourism and reducing carbon emissions.  Ultimately, it is critical (in the interests of the day-to-day lives of individuals on both sides of the border) that such international services continue to operate unhindered. 

5.5           Both Governments, Translink and IE have agreed to an enhancement plan for cross-border passenger services and Translink considers it would be important for the future positive relationship between the communities for such enhancements to continue to be implemented.  Such a project may in fact support confidence in continued good relations. 

5.6           For practical reasons, Translink and IE need to operate to a consistent set of technical standards.  Currently, these are provided under the EU regulations governing railway safety and interoperability.  The networks are managed by the respective Infrastructure Management bodies, while operating safety certificates and vehicle authorisations are issued by the respective safety authorities – DfI and the Commission for Rail Regulation in the ROI.  Both approval processes are mutually recognised on both sides of the Irish Border in accordance with EU regulations. 

5.7           Translink and IE also both operate under a common “Rulebook” which exists for all rail services in both jurisdictions.  This joint Rulebook, which governs safety processes and operating protocols is unique in the EU in that it covers the rules of operation of railways within two separate national jurisdictions. In addition to the Rulebook, both infrastructure and rolling stock technical standards of NI and the ROI are on a convergent path towards the full introduction of EU Technical Standards for Interoperability ("TSI"). 

5.8           Translink would not welcome any divergence from EU technical regulation which hinders the current cross-border services or the planned enhancements.  Translink does not consider that there is any practical need for this to occur as the infrastructure, standards and operating practices on both sides of the border are currently aligned (and different to elsewhere in Europe).  As such, accepting the same technical standards provides continuity.

5.9           Translink is concerned that divergence from current standards would have a detrimental impact on cost and, in this regard, recognises the benefits of continuing to work towards EU technical standards post-Brexit. This is of particular significance given the relative size of the rail networks on NI/ROI, which are not of sufficient size to make adoption of two divergent sets of standards economically or operationally viable.

5.10      Translink consequently anticipates that cross-border rail services will continue to require some alignment with EU regulation post-Brexit in order to operate effectively.  Translink considers that the introduction of the TSI has helped bring both NI and ROI together with regards to rail standards and it would wish to see existing TSIs continue to be applied post-Brexit (subject to local adjustments to best reflect the operation of the ROI and NI railways) to enable continuity either directly or indirectly – for example, by incorporation into the National Technical Rules

Domestic services

5.11      For the reasons above, Translink considers that a common set of technical standards with its operational partner (ROI) and the large market (including suppliers) in the EU is advantageous and would wish to see such technical standards continue to be applied consistently post Brexit. 

5.12      That said, much of the EU regulatory packages regarding the market and access have historically been focussed on the nature of the large (principally European Mainland, e.g. France, Germany and Eastern Europe) public rail businesses where concerns had arisen regarding access to the market and competition.  As noted above, the NI rail market and circumstances are unique and these historic concerns do not exist in NI.  Consequently, some aspects of the EU regulatory packages are not directly relevant to Translink’s business. Such considerations also do not necessarily apply for much smaller networks with lower density populations and use such as the NI network.

5.13      In this regard, Translink recognises that there may be a positive case for UK (or at least NI) divergence from some of the current EU rail legislation and there may, consequently, be some scope for the UK post-Brexit to focus on the more specific needs of local rail operators in Great Britain and NI without reference to the structural issues associated with national operators on the European mainland. 

5.14      Translink considers that there is an opportunity domestically, post-Brexit, to ensure that regulatory provisions are aligned with, and proportionate to, the nature of the relevant market and size/scope of rail services being provided.  In this respect there may be an advantage to a postponement and review of the scope of the 4th Railway Package and its appropriateness for a smaller network such as the rail network in NI.

European Regulation Overall

5.15      Overall, Translink largely welcomes much of the law which has developed through and alongside the EU rail packages and recognises that substantial parts of the EU rail packages are valuable and important. In particular, it recognises that strong equivalent regulation would be required if the UK were to depart from any of the provisions relating to safety, interoperability (to the degree that it applies to the specific nature of the Irish network), international services (as discussed below), vehicle authorisation and licensing as well as the powers of a regulator to ensure compliance with the rules.

5.16      That said, however, it also sees some advantage in the UK being able to take an independent regionalised view of the precise needs of different rail networks and services. This may involve UK government and devolved administrations introducing a range of different domestic structures for rail service provision in different locations throughout the UK specifically.

5.17      Translink does not put forward a specific solution and recognises that different structures and options for rail service provision will be appropriate in different locations.  It also recognises that UK and devolved governments will have policy objectives which may be fulfilled by rail in different ways.  It can therefore recognise that some policy and structural proposals for domestic rail may be more easily achieved outside the current EU regulatory structure.

5.18      However due to the unique nature of the rail network in NI (being the only co-joined UK network operating across a land border within the EU), NI requires a specific solution that will ensure that current effective arrangements for rail services are maintained ensuring that levels of safety, customer satisfaction, service punctuality/reliability, value for money and operating costs are not adversely impacted.

What are the implications of the Government's proposed approach of pursuing bilateral agreements with the Governments of France, Belgium and the Netherlands for services through the Channel Tunnel and with the Irish Government for the Belfast-Dublin Enterprise line?

5.19      Translink’s cross-border service (Enterprise) operates between Belfast and Dublin in partnership with IE.  Translink's comments in respect of this question, therefore, are limited to potential future agreements with the Irish Government.

5.20      Translink remains of the view that a withdrawal agreement (including a transition period during which legal alignment continues) with a suitable protocol dealing with the Irish border and recognition of the CTA should preserve current cross-border services at least in the immediate period after Brexit. Translink notes, however, that the specific terms of such an agreement remain uncertain.

5.21      Nonetheless, Translink welcomes the potential for a new cross-border agreement ("CBA") for rail services between the UK and ROI. 

5.22      Such agreements are provided for in current EU legislation (2012/34, Article 14) and can be entered between the states concerned (i.e. UK and ROI) and adopted by the EU.  EU Member States are entitled to apply and/or to conclude new or revised cross-border agreements with third countries, provided that they are compatible with Union law and do not harm the object and purpose of the transport policy of the Union. 

5.23      Hence such an agreement would be between the ROI and UK and subject to confirmation by the EU, not formally with the EU.  It should therefore take account of and sit alongside the CTA and any other post-Brexit UK-ROI agreements. Translink considers that the key issue for any CBA is to provide continuity of cross-border services and ensure that the punctuality, reliability and quality of service are maintained for its passengers. Translink believe this would be possible in any Brexit scenario.

Is a post-Brexit agreement on rail transport in the mutual interest of the EU and the UK? If so, what provisions would be necessary for such an arrangement to be effective?

5.24      As stated above, Translink welcomes the possibility of a new CBA for rail services post-Brexit.  This may or may not cover just rail or other modes of transport as well (including coach and bus).  Such an agreement has the potential to avoid ambiguity, provide confidence and reduce administrative costs of continuing to operate international rail services between Dublin and Belfast. 

5.25      While the precise terms of any rail CBA would need to be negotiated between Governments, the combination of a CBA, the CTA and any other agreements including a transition period (in the withdrawal agreement or otherwise) would need to provide for (at least):

(a)            Mutual recognition of operator licences, driver licences, vehicle authorisation and safety certification;

(b)            Joined up safety standards, investigation, reporting and enforcement - this should include a single system for the issuing of safety certificates given the complexity and cost implications of dual-application for a relatively small railway undertaking;

(c)             Equivalent rights of access to infrastructure and facilities on both sides of the border (including the joined up capacity/timetabling on track necessary to operate a service connecting across the border).  Currently the Enterprise operation is supported by track, station and depot access agreements on both sides of the border and Translink sees no reason why this should not be preserved;

(d)            Through ticketing and the equivalent right to purchase tickets in the ROI and UK;

(e)            Necessary information sharing for the operation of services, ticket sales and live disruption;

(f)              Interoperability of rolling stock and infrastructure including cross-acceptance of rolling stock; and

(g)            The right to apply to the regulator in either country and a requirement for regulatory cooperation.

5.26      Currently cross-border rail services operating between Belfast and Dublin service seven (7) open access stations that have no additional security, immigration or customs checks.  Clear arrangements should be established that do not interrupt or delay cross-border services as well as staff transit and the right to work in the other jurisdiction.

5.27      As with road transport, it is important to recognise that there is currently a system of mutual recognition for rail (and, specifically, the Enterprise service) which includes recognition of, amongst other things driver licences and safety management systems across the border. This recognition also continues at an operational level between railway undertakings as they align competencies and medical standards which ultimately helps to create efficiency and produces benefits for end passengers. Post-Brexit, Translink considers it important to maintain (and, where possible, improve) current systems and to ensure that any agreement results in procedures that are no more administratively complex or costly than current arrangements. 

What would be the implications of 'no deal' for the UK's rail industry? Are there any existing international arrangements that could be utilised instead?

5.28      Owing to the fact that NI has the UK's only land border with an EU Member State, it is important to recognise that the implications of a 'no-deal' outcome are different for NI than the rest of the UK.

5.29      Translink welcomes and supports the UK Government's proposals to date with regard to road and rail transport, particularly the UK Government's confirmation that they have already agreed with the EU that the necessary conditions must be maintained for North-South cooperation on transport between NI and ROI; and additionally, that the UK will ensure that there is no requirement in any scenario for new permits for transport services.

5.30      Translink is reassured by the UK Governments promise that the Enterprise would continue without disruption and that they would pursue bi-lateral agreements with the Irish Government to ensure the continued smooth functioning and operations of the cross-border services.

6                   multi-modal

Do any existing agreements between the EU and third countries provides a useful precedent for a future UK-EU transport relationship?

6.1           As noted above, NI has particular circumstances which are largely unique in the UK and Europe.  It has one land border with often common operations and very close ties based upon established open travel arrangements.  Other existing agreements are therefore of limited precedent for Translink’s operations in NI.

6.2           Nonetheless, Translink considers that the Convention concerning International Carriage by Rail ("COTIF") (and to a lesser extent, the Interbus Agreement) could become increasingly important for cross-border travel between NI/ROI post-Brexit and may help to back-fill some gaps if either the CTA is not acknowledged and/or a CBA cannot be agreed.  It does not, however, extend to the scope required by regular scheduled cross-border services.

6.3           Aside from the above, largely owing to the unique nature of NI (being the UK's only land border within the EU and current and historical mutual recognition arrangements with the ROI), Translink is not aware of any existing agreements between the EU and third countries which provide a useful precedent for a future UK-EU transport relationship.

Are there any EU transport infrastructure projects that it would be in the UK's interest to remain involved with? For example, TEN-T projects?

6.4           The TEN-T Railway Network in NI and the ROI stretches from Larne – Belfast – Dublin – Cork[5].

6.5           Translink, in conjunction with DfI and engagement from key stakeholders including CBI, IOD, NICC and SIB has developed two key programmes to enhance rail services in NI which impact positively on the TEN-T Railway Network, namely (as described in detail below): -

(a)            Enterprise Strategic Development Plan [6];

(b)            Belfast Transport Hub; and

(c)             North West Transport Hub (‘NW Hub’).

Enterprise Strategic Development Plan – Better Connecting Dublin & Belfast

6.6           This is an important time to maintain continuity between Belfast and Dublin, as Translink and IE have developed a new Strategic Development Plan for the Enterprise service, "Better Connecting Dublin and Belfast". This strategy sets out a roadmap that will see the current cross-border Enterprise service significantly enhanced.

6.7           At present, approximately 3.3 million people live within a 40-mile commute distance from the Dublin- Belfast corridor. This is projected to grow to 4 million by 2030 and represents half the island’s population. Development of the Enterprise rail service is key to building competitiveness and in the creation of close communications between the people living in and between the two cities and the businesses on the corridor.

6.8           Both the NI and the ROI governments support improving rail services as set out in the strategy which will see the following key enhancements:

(i)               Introduction of an hourly service frequency between the two cities;

(ii)             Infrastructure enhancements to improve journey times and connections; and

(iii)          Electrification through investment in infrastructure including cross acceptance of rolling stock.

6.9           The strategy aligns with both the NI and ROI, Programmes for Government and provides further benefits to the island by further strengthening the economic links between north and south, supporting the CTA, decongesting Ireland's roads, reducing carbon emissions and promoting all Ireland tourism.

6.10      This will further support and promote the inherent economic potential of the Dublin – Belfast corridor, building upon existing strengths. The delivery of infrastructure is a prerequisite for sustainable economic growth on the island of Ireland regardless of the implications of Brexit. This strategy demonstrates a long term commitment to improving transport links between the UK and the European Union on the island of Ireland and in turn improving the economy on both sides of the border.

Belfast Transport Hub & Weavers Cross Regeneration

6.11      The Belfast Transport Hub is a multi-million-pound flagship project, prioritised by the NI Executive for funding, recognising its strategic importance in supporting economic growth of Belfast and Northern Ireland.  It is envisaged, subject to planning consent and appropriate funding, that the construction could start in 2019/20. Weavers Cross, a dynamic new city neighbourhood surrounding a world class public transport hub, is an important transport led regeneration project right in the heart of Belfast.

6.12      The eight-hectare site, will transform transport links within Northern Ireland and between Belfast and Dublin whilst also creating attractive, dynamic and imaginative mixed use development opportunities for the local community and Belfast City Centre. The new hub will be the main public transport gateway into Belfast, and cater for the increasing demand in public transport, providing rail, coach and bus connections to all parts of Northern Ireland. It will also be the main rail link to Dublin and offer direct connections to major airports in Belfast and Dublin.

North West Transport Hub

6.13      Translink is starting work (September 2018) on the construction of a new £27million multi-modal transport hub in Derry/Londonderry. The NW Hub will promote active travel and provide a development that will deliver enhanced passenger facilities, increased bus services, including cross-border services into Donegal, cycling facilities and allow for a new greenway link. It will involve the restoration and repurposing of a listed building (the former train station), and makes significant improvements to the public realm.

6.14      This is a hugely significant scheme for Derry/Londonderry, as well as serving a wide rural and cross-border hinterland.  By integrating bus and rail timetables with services alighting at the NW Hub, this should greatly increase access to rail for these communities. The NW Hub has the potential to support more than 650,000 passenger journeys per year into the city and circa 1,100 local and cross-border bus services, building strong North – South infrastructure links.

6.15      The majority of funding for this scheme (€20 million) comes from the EU through the European Regional Development Fund, INTERREG VA Programme via the Special EU programmes Body.  There is also funding from DfI, the Irish Government’s Department for Transport, Tourism and Sport and local authority Derry City and Strabane Council.

6.16      Translink consider that it would be in the UK, Ireland, the EU and ultimately its passengers’ interest to remain involved with the development of the above transport infrastructure projects. It notes that the continued development and support of such projects presents a unique opportunity to the UK, the NI and ROI governments and the EU to further underpin their respective commitments to cross-border relationships.

6.17      Translink would wish to see projects like these supported and preserved.

What opportunities and challenges does Brexit present for passenger rights?

6.18      The UK (including in NI) has been at the forefront of effective passenger rights and remains so. UK passenger rights law is advanced (including following the Consumer Rights Act and the guidance of the Office of Rail and Road ("ORR") on reimbursement of passengers) and will not directly change as a result of Brexit.

6.19      Translink also takes steps to protect its passengers’ rights throughout their journey. For example, the Translink Passenger Charter is a fundamental tool in the delivery of customer satisfaction, comprised of a comprehensive independent monitoring process carried out twice a year which identifies customers’ expectations of service delivery and their perception of actual service quality. The results of such process are published and Translink prides itself in setting the standards that bus and rail passengers can expect in NI. In addition, a bespoke "Enterprise Charter" is also in place for cross-border rail services developed in partnership with Translink and IE. 

6.20      Translink customer satisfaction is delivered at exceptionally high levels for both bus and rail.  The most recent independent survey (Autumn 2017) concluded that 9 out of 10 passengers say they are satisfied with their overall bus and rail services. Translink rail service was ranked number one above 27 other UK rail operators in an independent 'Which?' customer satisfaction survey, examining everything from punctuality and reliability to seat availability and value for money.

6.21      With respect to Translink's domestic services, a high level of passenger rights protection is important and will remain a core part of the principles of operation. Standards are continually monitored and reviewed as part of the Translink Passenger Charter in conjunction with DfI and the independent Consumer Council for NI ("CCNI").[7] This ensures continuous improvement and a commitment to maintaining and driving high quality standards.

6.22      It is important for Translink to ensure that the punctuality, reliability and quality of service are maintained for its passengers and its current passenger rights are, at the very least, maintained post-Brexit. In this regard, Translink would not want to see passenger rights eroded as a result of Brexit as it considers that strong passenger rights are part of the differentiator for public transport which ensures a high ridership.

6.23      We do not currently consider that Brexit offers opportunities or challenges for passenger rights which are not also opportunities and challenges for the operation of public transport in the UK generally.

How prepared are the Department for Transport and UK transport agencies and bodies for Brexit, including the potential implications of 'no deal'?

6.24      Translink continues to engage with representatives from DfI, who are coordinating and providing support and advice on the development of Brexit arrangements and the potential impact on cross-border public transport. However, uncertainty around the outcome of the Brexit negotiations and the volume of legislative changes that need to be addressed through the European Union (Withdrawal) Act has led to concerns about the risk posed by the limited timescales, logistics and resources required to address the issues that significantly impact on public transport in NI.

6.25      Translink also monitors Brexit arrangements through its Corporate Risk and Assurance Framework.

Appendix 1 

TEN-T Route

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