Image: BTPA
British Transport Police Authority
The governance of police forces is a tricky subject. The recent announcement of the abolition of
Police and Crime Commissioners is a case in point. Striking the balance between the operational
independence of chief constables and the need for accountability is a tough nut
to crack and is one that has occupied the minds of politicians and academics
for nearly 200 years.
The issue is even more complicated with Non Home Department
Forces (NHDPFs) where legislation is
often silent on the subject and the interests of the employing body may not
automatically align with the public interest.
Both the Civil Nuclear Constabulary and the British
Transport Police have statutory authorities.
An authority for the British Transport Police was created by
s18 Railways and Transport Safety Act 2003.
It exists to: “to ensure the efficient and effective policing of the
railways”. In particular:
(1)The
Authority shall secure the maintenance of an efficient and effective police
force—
(a)to be known as the British Transport Police Force, and
(b)to police the railways.
(2)In particular, the Authority shall defray the expenses
of the Police Force.
(3)In this Part “the Police Force” means the British
Transport Police Force. (s20)
BTPA appoints and employs the constables of the BTP who are
under the direction and control of the Chief Constable, (although special
constables are appointed by the Chief Constable).
Members of the Authority are appointed by the Secretary of
State for Transport. During the
discussions that took place before the legislation was drafted many concerns
were expressed about private companies having an undue influence over the force
– especially as they were to be required to pay a large proportion of the costs
of the force. One of the reasons for
having an Authority was to act as a firewall between BTP and the organisations
that stump up the cash. In theory it is
the BTPA that funds the force, using funds raised from railway operators and
elsewhere. The Act requires that members
of BTPA come from certain groups, viz:
1)The Secretary of State shall
so far as is reasonably practicable ensure that the membership of the Authority
includes—
(a)at least four persons who
have knowledge of and experience in relation to the interests of persons
travelling by railway,
(b)at least four persons who
have knowledge of and experience in relation to the interests of persons
providing railway services,
(c)a person who has knowledge
of and experience in relation to the interests of employees of persons
providing railways services,
(e)a person who has knowledge
of the interests of persons in Scotland and who is appointed following
consultation with the Scottish Ministers,
(f)a person who has knowledge of the interests of persons
in Wales and who is appointed following consultation with the National Assembly
for Wales, and
(g)a person who has knowledge of the interests of persons
in England.
(Schedule 4 para2)
Note that there are four appointments requiring experience relating to the interests of
railway operators and only one with
knowledge and experience of the interests of railway employees. This imbalance is dwarfed by the fact that
the interests of millions of passengers
are voiced by the same number of members as those with knowledge of the handful of operators.
I like the idea that there are people who could claim, for
example, to be “a person who has
knowledge of the interests of persons in England” (1(g)a).
It is (1) (b) that interests me today: “Persons with knowledge and experience in
relation to the interests of persons providing railway services”. Members of the Authority are there as
individuals, not as representatives of any body or organisation. They hold individual public offices. There are those in the industry that believe
that being made to pay for policing is unfair and that while they have to do it
they should have some controlling influence.
This has always been the case of course,
but the richest railway baron has no more claim on the services of the
force than an ordinary commuter. The
duties of a constable do not recognise distinctions between citizens when it
comes to upholding the law. Of course it
is essential that the experience and views of those that operate the railway
are taken into account. They are vital
partners in the world of railway policing but it is essential that they do not
see themselves as ‘employing’ the police for their own purposes. In the context of BTP someone once pointed out that ‘you can pay for a police force, but you
can’t buy one’.
The Department for Transport, in talking of funding for BTP,
describes the industry contribution as the ‘user pays’ principle, ie that
railway operators must pay towards the costs of the force via the BTPA. It is a phrase that grates on some of
us. Who is a ‘user’ of BTP services? Most users are, of course, ordinary
passengers or victims of crime. The
phrase perhaps says something about the attitude of DfT to BTP.
Operational independence is an essential ingredient of public
confidence in policing and is an essential cog in the policing functions of the
criminal justice system. I have no
evidence that this independence is impeded by the current arrangements for BTP.
True, I haven’t seen the force prosecute a railway
company for quite a while but perhaps it hasn’t been necessary. As an aside BTP was in the vanguard of the
changes that resulted in the creation of the modern offence of corporate
manslaughter after several attempts by the force to prosecute railway companies
had mixed success. Under the pre 2003
arrangements for the force I recall BTP interviewing under caution a member of its own police
committee (as it then was), demonstrating clearly the independence of the
force. BTP’s investigations into the
King’s Cross Fire was another example where the force demonstrated that it would
not be cowed by its paymasters, although it was a set of circumstances that was
far from easy.
All of this came to mind when I saw that the DfT are
currently advertising for members of the BTPA who have a knowledge of and
experience in relation to the interests of persons providing railway
services. Except that’s not how they
have chosen to describe these posts. The
advert reads: “BRITISH TRANSPORT POLCIE
AUTHORITY INDUSTRY MEMBERS X 2”.
Industry members??? .
The advert and accompanying notes go further. They want applicants to have ‘current senior
experience of the operation of trains/tracks’.
This wording excludes the vast majority of people with railway
experience – including many who would have a sound understanding the policing
needs of public transport. Rather
worrying, from my perspective, is how these appointments are characterised as
being industry representatives. The Secretary
of State’s covering letter (which I doubt she has seen) speaks of representing
the views of the railway industry and this is echoed in the note provided by
the current Chair of the Authority. He
goes on to refer to BTP as the largest of the three infrastructure police
forces. A descriptor not known to
legislation and one that omits to mention that BTP constables protect the
public by serving the Crown – they are not creatures of railway operators.
There is no mention in the recruitment advert that these
posts are individually held and that the holders must uphold the Nolan
Principles (although I expect this is mentioned somewhere in the detailed
literature). They are not appointed to
act as advocates for the industry but to act in the best interests of the
public, even if those interests are contrary to the whims, wants and needs of
their employers. As a
railway passenger I don’t see my interests always aligning with those of the
companies that provide the service, I suspect that a similar position is to be
found in railway policing.
Perhaps I have missed something. People like me, who take an interest in such
things, are possibly, over sensitive. But the principle of independence is an important
one. The question of governance is a challenge
that needs confronting. The latter issue
is one that applies to all police forces.
If you are one of the very small group of people who are
qualified to apply for these public appointments then the advert can be
found at: https://apply-for-public-appointment.service.gov.uk/roles/9062
December 2025
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