NICOLA Sturgeon has called on Scottish Labour to back plans to devolve Network Rail.

During First Minister’s Questions, Scottish Labour MSP Colin Smyth criticised ScotRail, claiming one in five trains is late and that the operator was being allowed to breach the Public Performance Measure (PPM), which grades train punctuality and reliability.

But the SNP leader pointed out that around half, “of all delays on the ScotRail network are the responsibility of Network Rail.”

The arms-length public body are responsible for managing the UK rail infrastructure and assume responsibility for all delays caused by external events such as adverse weather, trespass, vandalism and vehicles striking bridges.

In his question, Smyth said: “Punctuality has plummeted to a new low, with one in five trains running late. Passengers are sick and tired, and deserve better.

“So far the First Minister’s response has been to give ScotRail a free pass to break their PPM benchmarks and to team up with the Tories to block Labour’s plan to end this failing franchise.

“Can the First Minister tell us how bad does it have to get before she takes meaningful action?”

Sturgeon said: “Of course we deeply regret any inconvenience to passengers.”

The First Minister added that the Office of Road and Rail had taken formal action against Network Rail on Thursday morning in an attempt to deliver improved performance.

“As I have said many times in the past, Network Rail is not the responsibility of this Parliament, although I look forward to getting the support of Labour members to make it the responsibility of this Parliament. I am sure that Colin Smyth is aware that, just this morning, the Office of Rail and Road took formal action against Network Rail to deliver improved performance and confirmed that ScotRail’s performance in 2018-19 has been impacted by severe weather.

“That lies behind many of the delays that we have seen. We are working with ScotRail to improve performance so that the PPM target is met.

“On the issue of the franchise, this Government, having won the powers – powers that Labour refused to give to this Parliament when it was in Government at Westminster – took action to ensure that, for the first time, there can be a public sector bid for the next franchise. If Colin Smith wants us to go further, I invite Labour to join us in supporting a call for the full devolution of powers over rail so that full nationalisation could be an option.”

During the session, Sturgeon was also pushed on the use electric shock dog collars.

SNP Christine Grahame said the Government had broken a promise made in January to “take steps to effectively and promptly ban” the use of the training tools which deliver up to 6000 volts of electricity or spray noxious chemicals to control animals’ behaviour.

But Government guidance published online last month seemed to stop short of a ban.

That led to criticism from nine dog welfare organisations, including the Scottish Kennel Club, the Battersea Dogs & Cats Home and the Dogs Trust.

Grahame told the First Minister: “Many animal welfare organisations, such as the Dogs Trust, the Kennel Club and the Scottish Society for the Prevention of Cruelty to Animals, and people like myself, want a straightforward ban, as there is in Wales.

“With no ban, can the First Minister tell me how effective the guidance is? Will she advise whether there has been any reduction in usage?”

Sturgeon denied there had been a u-turn: “During the Parliament’s debate on the matter back in January and during discussions with stakeholders on the wording, it was clearly recognised that the guidance would be advisory.

“The Kennel Club said at the time that it welcomed the ban on shock training devices and that ‘strict guidance has been published which provides advice on training methods and training aids for dogs’.

“The guidance was published on October 15, so it is too soon to comment meaningfully on its effect.”