Following the release to the media of an email branding as "hysterical and biased" his campaign for the introduction of barriers at level crossings throughout the Highlands, MSP Dave Thompson has voiced concern that a major transport company has embarked upon a campaign to discredit him.

Last week, as Network Rail launched a UK campaign to highlight the number of accidents caused by drivers failing to stop when instructed by barriers and signals at level crossings, the SNP politician issued a press release to remind the public that just two per cent of level crossings in Scotland are not protected by barriers yet these account for almost a third of all accidents at level crossings.

Since 21 of these 23 open level crossings lie within the Highlands, Mr Thompson has campaigned for them to be adequately protected with the addition of barriers since his election in 2007.

When some parts of the media wholeheartedly backed Mr Thompson's call for barriers the public relations team at Network Rail, the body responsible for the improvement and maintenance of the country's rail network, quickly attempted to limit the damage to the firm by discrediting Mr Thompson with the release of an email he had been sent several months ago by an independent railway level crossing expert, John Tilly.

This email raised questions about a consultation exercise (and several other matters relating to the campaign) carried out by Mr Thompson to gauge public views on the issue of open level crossings in the Highlands. However what was not revealed in this message to selected journalists from Network Rail was that Mr Tilly and Mr Thompson had maintained contact since this initial email and that Mr Tilly now supports the politicians view that barriers are needed (subject to proper assessment) on several Highland level crossings.

When questioned about this release by Mr Thompson's office, one of the two press officers employed by Network Rail in Scotland denied all knowledge of its existence, a pretence that was repeated several times throughout the day until political staff were able to obtain it from another source and quote it to him (complete with the offending passage where his campaign was branded "hysterical and biased") and note that it had been copied to him on its release the previous day.

This led Mr Thompson to submit a formal letter of complaint to Network Rail on Monday  to ask why a single item from an ongoing correspondence had been issued in an attempt to discredit his safety campaign and why the company's staff had maintained the pretence that they were unaware of this action.

On Wednesday Ben Hall, Network Rail's head of communications for Scotland, replied to this letter to reject both aspects of the complaint and to defend his department's conduct .

So concerned was Mr Tilly by the selective use of this initial item of correspondence that he asked Mr Thompson's office for an email address for a journalist who produced both the article criticising Network Rail's policy of leaving 21 level crossings in the Highlands without barriers and the following day's article attacking Mr Thompson's campaign.

Mr Tilly then used this to state accurately his current view that barriers would be a sensible addition to several open level crossings in the Highlands and to back the politician's earlier claim that the firm's estimate of a £1 million cost of adding barriers on each crossing was an issue of concern. In private correspondence with Mr Thompson the railway expert has also backed this view that the actual cost of installing barriers was far lower than the figure cited by Network Rail. [***NOTE***: when shown this press release prior to distribution, Mr Tilly asked that the following be added - (difficult to prove actual NR costs but I base my views on 9.5 years of front line level crossing involvement with HM Railway Inspectorate. Denmark are installing similar crossings for circa £200k stated EU Level Crossing Research Group meeting in Copenhagen Oct 08 (in which NR participates).]

"By selectively using one email from a continuing correspondence with Mr Tilly, I am concerned that Network Rail appear to be trying to discredit me and my campaign to improve public safety on Highland level crossings," Mr Thompson said.

"They have branded my campaign 'hysterical and biased' and dismissed as questionable my earlier research which cast doubt upon the £1 million figure they use.

"I am very disappointed by this approach as this subject needs mature and informed discussion. While Network Rail appear mainly to be concerned with saving money by not installing barriers, I am concerned with saving lives on those crossings, as without them people being killed or injured all too regularly."

Mr Thompson also noted that he fully supports Network Rail's call for motorists to obey signals at level crossings and not to gamble by crossing even if they assume it is safe to do so, however he added that where lights and klaxons are the only signals used, these can sometimes be less visible than required and that the presence of a barrier was a type of signal that could not be ignored.

Notes:

Network Rail release of Mr Tilly's original letter

From: Bowman Craig
Sent: 11 March 2010 15:39
Subject: FW: Report on Highland Open Level Crossings Consultation

Dear all,
Please see attached a letter penned by John Tilly, a former Principal Inspector of Railways for Her Majesty’s Railways Inspectorate (HMRI). Mr Tilly has responded to recent communications issued by Dave Thompson MSP.

Mr Tilly has no affiliation with Network Rail and his standpoint is completely independent but he is an expert in his field and has an in-depth knowledge of level crossings and their operation on GB railways.

I would be grateful if you would read through this letter. His arguments are extremely well explained and, while he does not absolve Network Rail of responsibility, he does provide an educated, experienced counter point to the increasingly hysterical and biased press releases being issued by Mr Thompson.

I have spoken to Mr Tilly and he has no objection to sharing this letter with the media.

I have also attached a brief CV which demonstrates his experience and credibility as an independent commentator.

Kind regards,
Craig Bowman
Media Relations Manager
Network Rail
Buchanan House,
58 Port Dundas Road,
Glasgow, G4 0LQ

Letter of complaint

Dear Mr Hall,

I was very concerned when my office contacted Network Rail last week to ask how widely a letter sent to me by John Tilly had been distributed in response to my press release calling for safety barriers to be installed on the 21 level crossings in the Highlands where the public is not protected by these.

I was keen to learn this as the letter distributed to the media presented a historic statement of Mr Tilly's initial view of my level crossing consultation exercise and I was keen to update those who had received it that Mr Tilly and I have been in correspondence since then. One point I was keen to make them aware of was that he now backs my call for further barriers to be installed on some crossings within my area and that he agrees that the figure of £1 million cited by Network Rail as an average cost of adding barriers to a pre-existing level crossing was excessive.

On contacting the press office, my office was told by Nick King that he did not send out any release on the subject and had no knowledge of anyone at Network Rail doing the same.

However, when we acquired a copy of the release from one of the publications to which it was sent, it was revealed that Mr King had been copied into its distribution.

Further, I was also extremely concerned to see that Craig Bowman, the second of two Network Rail press officers in Glasgow, had stated that Mr Tilly's letter was being released as a "counter point to the increasingly hysterical and biased press releases being issued by Mr Thompson".

Earlier in the day, Mr Tilly told my office that he had read the article produced in response to this press release and asked if we could provide him with an email where he could contact the reporter who had written it.

He explained this was because he felt Network Rail had been "disingenuous" in its decision to selectively make one email in a series of communications available.

When later told that Network Rail's press officer claimed to have no knowledge of any press release, he stated that a press officer from the company had called him the previous day to ask permission to release the letter. He also provided that press officer's telephone number from his mobile phone, which when called was answered by Nick King.

In addition to my ongoing campaign for the introduction of barriers at the 21 open level crossings within my Highland area, I am also concerned that a press officer can brand a serving politician who holds a view contrary to Network Rail's position as "hysterical and biased" and also that, when challenged, the press officer contacted denied personally sending such an email (and indeed Nick King did not send it - it was sent by his colleague in the same office) or any knowledge of anyone at Network Rail dealing with this issue, despite the fact that it had been copied to him when it was sent to journalists on Wednesday afternoon by Craig Bowman.

This pretence was maintained throughout several telephone calls through the day until my office quoted sections of the release to him over the phone.

Therefore, in conclusion, I wish to raise a formal complaint about this attempt to discredit a serving Member of the Scottish Parliament and also about the repeated denial of any knowledge of the issue by a member of your staff.

Yours Sincerely
Dave Thompson MSP
(SNP regional member for the Highlands and Islands)

Network Rail response

Dear Mr Thompson,

Thank you for your email sent via Mr Gerry Burke, subsequent to my conversation with him.

Having discussed the issue with my team I am satisfied that both behaved appropriately. Nick had not issued a ‘press release‘ nor had he read the content of the email referred to by Mr Burke during their conversations and, as he advised Mr Burke, was therefore unable to discuss the matter. Mr Tilly personally assured Craig that it was appropriate for his letter to be sent to the media as representative of his views. He also stated his willingness to take further questions from journalists via email. It was felt important for local people to have access to a different perspective for them to be able to have an informed opinion. Just as you have been free through Press Releases issued through your office to state clearly your opinion of Network Rail’s position on Level Crossings, we are also free to have an opinion of the tone of those releases.

Regards
Ben Hall