Byers demands change in rail maintenance deal

Minister wins standing ovation at Aslef conference as inquest finds rail worker was unlawfully killed

Stephen Byers, the Transport Secretary, called yesterday for "fundamental change" in the way rail contractors are controlled, with maintenance contracts awarded on the basis of best value and safety, not simply low cost.

Hours after Mr Byers' statement to the national conference of the train drivers' union Aslef, an inquest jury returned a verdict of unlawful killing in a case where an unsupervised temporary rail worker was allowed to work in a particularly dangerous area.

Southwark coroner's court heard that Michael Mungovan, aged 22, from Quilty, County Clare, a Brunel University student and gifted athlete, died instantly from multiple injuries just after midnight in October 2000 at Vauxhall station, south London.

It was only his third day with McGinleys Recruitment Services which provided staff to Balfour Beatty Railway Maintenance, contractor to Railtrack. A simple check would have told supervisors his compulsory rail-safety card was invalid, the hearing was told.

The two-week inquest heard there was no risk assessment in the work order (that page was missing) and a lack of communication between Mr Mungovan and another supervisor waiting to give them clearance to work.

The coroner, Selena Lynch, announced she would not be making recommendations because changes had already been made so that inexperienced workers are identified and supervised, a suggestion of the Cullen report into the Paddington rail disaster, which killed 31 people and injured 500 in October 1999.

The coroner said: "I hope there is never another life lost in this way and I would just like to express the sympathy we feel for the family. I know they have waited a long time and that they miss Michael greatly."

A spokesman for the family said: "Michael was a charming lad who came to England to further his education.

"We heard at the inquest that the main contractors, Balfour Beatty, were employing agency workers because of their inability to recruit permanent staff. This appears to have led to a lack of hands-on control. Michael received nine hours training and two shifts of work experience around trains and tracks before being thrust unsupervised, untrained and inexperienced, into the lion's den that is the Vauxhall to Waterloo main line track. He had no chance.

"This is one of the most dangerous work areas on the London tracks and this situation was not helped by the ambiguity of Railtrack's rulebook.

"Those responsible for health and safety procedures should be and will be held accountable.

"This has been a feature of the railway system since privatisation and those responsible have held a low regard for human life as a result of their flagrant negligence."

At the Aslef conference, Mr Byers made clear his irritation with the engineering company Jarvis which was responsible for maintaining the track at Potters Bar, scene of the crash on 10 May which killed seven people.

Jarvis has floated the idea that the Potters Bar disaster might have been caused by sabotage, but Mr Byers said it would be "far better" if investigators were allowed to complete their job.

Mick Rix, the general secretary of Aslef, accused the company of trying to prop up its share price. "It is quality, best value, safety that has to be paramount, not the lowest price," he said

In Mr Byers' address to delegates, he said of the industry's management: "Change is essential and a new relationship is vital. I say that because of concerns over the relationship between contractors and sub-contractor. We need to look at the role of contractors and sub-contractors." He said that Network Rail, the likely successor to Railtrack, recognised that changes needed to take place.

The beleaguered Mr Byers, whose stewardship of the Department of Transport, Local Government and the Regions has been widely criticised amid allegations of "spinning", had the unusual experience yesterday of being greeted with acclaim. The man who placed Railtrack into administration was given a standing ovation when he arrived and when he finished speaking.

Mr Rix also received prolonged applause from delegates for his praise of Mr Byers, as was Martin Samways, the union's president.

* Rail services through Potters Bar resumed yesterday but trains that would normally race through at speeds of up to 115mph were restricted to just 20mph, adding 15 to 20 minutes to journeys for passengers on east coast main line services operated by GNER.