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Department for Transport (DFT)

The challenges faced by the Department for Transport are among the most high profile and demanding faced by Government today. The economy continues to grow and, with it, the demand for travel.

Overcrowding on railways and congestion on the roads are familiar to all of us. Air travel has trebled in the past 20 years. With an ageing population, the need for accessible transport increases. Access by public transport to jobs in rural areas is the key to tackling social exclusion. Security is vital in our domestic and international transport services. Our lawyers play a vital role in tackling these issues.

Work of the Legal Team

We advise on a wide range of railway, road, aviation and marine issues, covering domestic, EC and International law.

Law-making

Our lawyers help to create new legislation. We are closely involved in briefing Ministers and attend Parliament during all stages of a Bill’s passage.

We also draft secondary legislation ourselves, including implementing European Directives. We have for example drafted domestic implementation measures for a European Directive on the management of noise at airports, regulations banning the use of hand-held mobile phones in vehicles, and regulations enabling car tax evaders to be caught through DVLA computer records.

Advisory work

We are closely involved in developing and implementing policy, and advise on particular issues or cases as they arise.

International work is an important part of what we do. European law, for example, influences how we operate. Increasingly, our lawyers are asked to travel to Brussels for negotiations, which might relate to a new Directive, a state aids case or a complaint to the Commission that the UK is not complying with EC law. Knowledge and application of the principles of the European Convention on Human Rights are also a feature of our advisory function.

Our lawyers also have opportunities to travel as a result of our participation in other international bodies, such as the International Civil Aviation Organisation.

Complex public law issues can arise, requiring an understanding of how Government operates, how it exercises its powers, and how it should meet its responsibilities. We apply these skills to matters as varied as streetworks and traffic management, maritime security and the carriage of dangerous goods. Advice may need to be produced under pressure and under intense public scrutiny. The terrorist attacks in the US in September 2001 generated a flurry of activity in aviation security and it was vital that we were able to advise quickly on proposed security measures.

The devolution implications of the Department’s policies are very much part of the legal environment in which we work. Our advice is sought on the scope of new legislation with respect to the devolved administrations and on the competence of Scottish Parliament. Can Westminster legislate for accidents on Scottish trams, for example?

We frequently offer guidance on compliance with the Data Protection Act. Since the introduction of the Freedom of Information Act, we also advise on the need for open Government. Lawyers advising on employment issues have an unusual opportunity to work at the cutting edge of law and policy, helping to implement the Government’s commitment to best practice as an employer.

Lawyers with an interest in commercial matters, for example the way in which transport projects are financed, will find much to stimulate them. Recently our lawyers needed a good grasp of complex financing, insolvency, corporate law and regulatory issues to deal with the administration order made in respect of Railtrack plc, and the formation of its successor, Network Rail. They also needed to understand the public law implications of the Government’s actions.

Disputes

The Department’s work can give rise to disputes. These may take the form of judicial review, infraction proceedings before the European Court of Justice, proceedings in the European Court of Human Rights, proceedings in the UK courts and tribunals or arbitration.

TSol (Treasury Solicitors) handles most of our formal legal proceedings, but our own lawyers are actively involved in the Department’s disputes. This is particularly so as we are committed to mediation and other forms of negotiated settlement.

Vacancies

Qualified lawyer vacancies for posts in this department are advertised through the central GLS scheme. All vacancies are posted on the Civil Service Recruitment Gateway (this link will open in a new window).

Trainee Solicitors and Pupil Barristers are recruited through the GLS Legal Trainee Scheme.

Further Information

Working in the DfT.

Find out what our lawyers say about us.

www.dft.gov.uk