ACCESS DISPUTE RESOLUTION COMMITTEE

MINUTES of MEETING No. 39

held in London on 14th February 2000

Present:

Tim Clarke, (Anglia Railways) Deputy Chairman

Grahame Cooper (Railtrack)

Tony Deighan (Eurostar (U.K.))

Geoff Knight (Railtrack)

Graham Laycock (English Welsh & Scottish Railway)

Ian Osborne (Freightliner)

Apologies:

Graham Eccles (South West Trains)

Mike Price (ScotRail Railways)

In attendance:

Chris Blackman (Secretary)

39/1 Minutes of meeting No.38

The minutes of meeting no.38 held on 9th December 1999 were approved without modification. The Deputy Chairman signed a copy of the minutes as a true record of the proceedings.

39/2 Matters arising from the minutes of the previous meeting

There were no matters arising.

39/3 Renewal of the Committee’s contract with the Chairman

In considering the proposed renewal of the Chairman’s contract, Members expressed concern at the possible risks of incurring contractual costs should the Committee be dissolved before the expiry of the Chairman’s contract. Subject to negotiation of a suitable protective clause to provide some protection on this aspect, Members agreed to roll forward the contract for a further period of 2 years, and to include revised fees to reflect inflation.

Action: Secretary

39/4 Renewal of the Committee’s contract with the Clerk

Members noted the wish of the Chairman to renew the contract the Committee held with the Clerk, and endorsed this subject to the negotiation and insertion into the contract of a clause that would protect the Committee’s financial liability in the event of its dissolution before the expiry of the contract with the clerk. [see minute 39/3 above] Subject to negotiation of a suitable protective clause to provide some protection on this aspect, Members agreed to roll forward the contract for a further period of 2 years, and to include revised fees to reflect inflation.

Members had no objection in principle to the Clerk accepting consultancy work for an Industry Party, and commented that the current contract did not prohibit this. However, they wished the Clerk to avoid direct involvement in issues which might compromise his work as the Clerk to the Committee. The Committee agreed that it would require the Clerk to notify the Chairman of any consultancy work to be undertaken with an Industry Party.

Action: Secretary

39/5 Date of next Meeting

The next meeting will be on Wednesday 8th March 2000 in Room 230, East Side Offices at Kings Cross commencing at 10.00.