Railways Bill (Tenth sitting)

Daniel Francis Excerpts

Tuesday 3rd February 2026 Public Bill Committees

[Edward Argar (Melton and Syston) (Con)]

As ever, Mrs Hobhouse, it is a pleasure to serve under your chairmanship. I will speak primarily to amendment 63, as articulated, typically eloquently, by my hon. Friend the shadow Minister.

We have heard some extremely powerful interventions during the course of this Committee, particularly from the hon. Member for Bexleyheath and Crayford, about the importance of ensuring that the system—if I can call it that—genuinely recognises and is responsive to the needs of those who are disabled, have mobility issues, or face a whole range of things. He has made that case very powerfully, and I can understand what the Minister is seeking to do.

I suspect—although I do not wish to put words in his mouth—that the Minister will say that the amendment is unnecessary because it is inherent in the purposes of a passengers’ council that, of course, all passengers will be considered, and that the amendment simply draws out a particular aspect that must be highlighted. I can understand that. If that is the case, the Minister could accept this amendment without any adverse effects, and without any challenges to the drafting of the Bill or the integrity of what he is seeking to do with the clause, because the amendment emphasises that responsibility but does not lose sight of the particular needs of disabled people and others in the operation of the railway—I am sure the hon. Member for Bexleyheath and Crayford would make a point about the importance of that.

Looking at the amendment tabled by my hon. Friend the Member for Broadland and Fakenham, very little—if anything—would undermine the integrity or policy intent of what the Minister is seeking to achieve with the clause. It would simply draw it out and make it much clearer, and remind the passengers’ council, in explicit terms in the legislation, of what it is there to do. I hope that the Minister, in recognising the intent behind it, can move some way to meet my hon. Friend and I by potentially accepting the amendment, or at least, if he is not able to do so today, by committing to take it away and consider whether he might accept it at a later stage.

[Daniel Francis (Bexleyheath and Crayford) (Lab)]

It is a pleasure to serve under your chairship, Mrs Hobhouse.

I hear what was said about amendment 63, and I will wait to hear what the Minister says. I have sat on a passenger watchdog, although not this one, and worked in that role alongside Passenger Focus, as it was back then—it is now Transport Focus. I served as a member of the board of London TravelWatch, which is referred to as the London Transport Users Committee in the legislation, for four years, although that was a long time ago now. Many of the provisions we will see in later clauses are inherent in the aims and work of such organisations. Investigations, reports, representations and referrals come to the attention of the organisation from all passengers.

The amendment is not necessary. I did this work as a member of a board for four years, and chaired many meetings of sub-committees looking at some of that work, and, in the work of a watchdog, these issues are there, they are referred to the organisation and they are in the reports that are presented on behalf of all passengers.

[Jerome Mayhew]

The hon. Gentleman notes that clause 36 is about the general duties of the council. It sets out what the passengers’ council is for and those general duties. Does he not think that it is odd that the clause does not refer to passengers, other than one subclass of passengers? Would it not be better for the general duties of the passengers’ council to refer to all passengers?

[Daniel Francis]

If the hon. Gentleman looks at the clauses in the group, he will see that there are significant issues that the passengers’ council needs to take into account for all passengers, which come to the door and—as I know, having sat on a watchdog for four years—come in the form of casework and meetings. I am sure that I will talk later about why nationalisation, and having trains, signals and rolling stock under one operator, is much better for a passengers’ council, but those issues come to the organisation’s attention anyway.

I fully support the need to look at the issues for disabled passengers who come to the council’s door, and I will hear what the Minister has to say, but I believe that how things are investigated and brought to the organisation’s attention are set out in the legislation, just as they are, in many regards, for Transport Focus and for the London Transport Users Committee. I do not believe that the amendment is necessary.

[Keir Mather]

I thank the hon. Member for Broadland and Fakenham for these amendments, but also right hon. and hon. Members across the Committee for their contributions on this important point.

The right hon. Member for Melton and Syston is correct that I intend to argue that the passenger watchdog will focus inherently on the needs of passengers. I believe that that is self-actualising, to an extent, in creating one in the first place. But he is also right to push me further on specific provisions.

My hon. Friend the Member for Bexleyheath and Crayford made some really important points, first about the fact that the duties and responsibilities inherent to the passenger watchdog demonstrate how it will serve the interests of passengers. Having an independent monitoring power for the passenger experience, investigation powers, enforcing minimum consumer standards—this is inherent to representing passengers on the railway.

--- Later in debate ---

[Edward Morello]

My hon. Friend, who is departing the Committee, and I are tag teaming, Mrs Hobhouse. Clause 43 sets out the powers of the passengers’ council when it investigates problems affecting rail users. Amendments 138 and 140 would strengthen transparency, independence and parliamentary scrutiny.

Amendment 138 would require the passengers’ council to publish its findings and lay them before Parliament after an investigation, rather than that just being an option. It would ensure that evidence was made public and that Parliament could see clearly where the system was or could be failing passengers. Amendment 140 would remove the requirement for the passengers’ council to obtain the Secretary of State’s consent before publishing a report where the investigation had been referred by Ministers. We have all lived through the experience of reports going into the bottom drawer of desks, never to be seen again, and we would like to create a situation here where that does not happen.

A watchdog cannot be effective if the person who triggered the investigation can also control whether its conclusions are published. The amendments would ensure that the passengers’ council had teeth, could operate independently and could report honestly without political interference. Together, amendments 138 and 140 would strengthen accountability, protect the integrity of the passenger watchdog, and ensure Parliament and the public are properly informed when things go wrong on our railways. On the recommendation of my hon. Friend the Member for Didcot and Wantage, we intend to press amendment 138 to a Division.

[Daniel Francis]

London TravelWatch is a large organisation, and I used to chair some of its casework committees. It deals with and reports on a huge range of issues and, like Passenger Focus, it deals not just with trains but with other modes of transport. I made recommendations on a range of issues. I remember making recommendations to Eurostar about issues regarding disabled passengers. I remember making recommendations regarding changes to timetables. There were some significant issues that one would want to issue a report on. There was an issue back then for South Western about how Network Rail and the train operator were integrating, and a report had to be commissioned. There will be reports that are really to say to the operator, “You need to look at this specific issue.” We do not need to make it mandatory that all those reports are tabled in this House, with the bureaucracy that brings.

[Edward Morello]

I absolutely take the hon. Gentleman’s point that we are snowed under with paperwork in this place at the best of times. I think there is a difference between providing a report to Parliament as standard, allowing Parliament to make the decision on whether it needs to be scrutinised, and the council or any other part of the regulator having the power to decide itself whether a report should go before Parliament.

The issue is where the balance of power should lie regarding whether Parliament has the right to scrutinise a report. All our amendment seeks to do is, by making it mandatory, to return the weighting and the power to Parliament on those issues.

[Daniel Francis]

I do not think this provision needs to be on the face of the Bill. These issues already exist; there are examples where the passenger watchdog and the Transport Committee would be looking at the same matter. There would be examples with other Departments where an ombudsman would also be looking at something in a similar vein to a Select Committee. My view is that it would be an overly bureaucratic system. Passenger watchdogs issue many reports, and some are on very serious matters, but sometimes they need to issue a report that is not at that level, and I do not believe these amendments are necessary.

[Jerome Mayhew]

Under clause 43, the passengers’ council can prepare, send and publish a report of its findings in an investigation, but it must obtain the Secretary of State’s consent before sending or publishing a report if the investigation was undertaken following a referral. Similar provisions exist for the Scottish and Welsh Ministers. The wording of subsection (3) makes publication discretionary even after a full investigation and subsection (4) requires ministerial consent before publishing any report arising from a referral.

As the explanatory notes confirm, that structure gives Ministers an effective veto over publication. Why should the Minister have a veto over publication when the organisation being investigated is their own creation? If the state has created a toothless investigation watchdog body that, despite its lack of enforcement powers, has managed to do an investigation, write a report that is no doubt critical of the state, GBR or perhaps even the Secretary of State and the Department for Transport, the Secretary of State, or the Scottish or Welsh Minister can, for whatever reason they like, veto its publication. They can muzzle the watchdog at whim.

That risks undermining the whole process—where is the transparency?—and weakens the credibility of the new watchdog. If the aim is to strengthen passenger oversight, investigation reports should be published as a matter of course, with only narrowly defined exemptions for confidentiality or commercial reasons. Transport for All explains in its written evidence to the Transport Committee how that will affect passengers:

“Clauses 42-47 empower the Passengers’ Council to receive complaints, investigate issues, and identify potential breaches of licence conditions. However, the Council has no power to compel corrective action, issue penalties, or enforce compliance. If it identifies significant accessibility failings, it must refer the matter to the ORR, which retains full discretion over whether to investigate or take enforcement action.

Disabled passengers already face disproportionate obstacles when raising complaints, and this indirect model appears to add another layer of bureaucracy without increasing accountability. We worry that it will create further delays, weaken enforcement, confuse passengers, and result in inconsistent redress. A watchdog without enforcement powers is fundamentally limited in its capacity to protect passengers’ rights or drive accessibility improvements.”

Amendment 69 requires the passengers’ council to publish any report on a matter investigated under clause 39. That will create greater transparency and accountability in the new watchdog. Frankly, if the Government are serious about supporting the rights of passengers, rather than designing in an ability to hide embarrassing conclusions, they must support this amendment.

Amendment 70 would require the passengers’ council to publish its report within six months of completing the investigation. Having in statute a specific timeframe in which a report must be published would create a sense of urgency, or at least of purpose, and a culture would develop within the organisation that placed high importance on those reports—exactly as it should.

Amendments 138, tabled in the name of the Liberal Democrats—presumably the hon. Member for Didcot and Wantage—would require the passenger’s council to prepare a report of findings after an investigation and ensure that any report is laid before Parliament. It is another attempt to strengthen the reporting requirements from a different angle and should be supported because it is seeking to achieve a similar outcome to my own amendments.

Amendment 140, also in the name of the hon. Member,

“removes the requirement that the Passengers’ Council must obtain the Secretary of State’s consent before sending or publishing a report if the investigation resulted from a referral by the Secretary of State”.

Amendment 69 is a mandatory requirement that they must publish every report. If that is not acceptable to the Government for whatever reason, then amendment 140 is a slight variation on the theme in that it takes the discretion away from the Secretary of State and leaves it where it properly lies, if there is to be discretion: with the passenger watchdog. That body, surely, having undertaken the investigation, written the report and come to a conclusion, are best placed to decide whether it is in the public interest to publish, not the owner of the nationalised industry that is being investigated.