Railways Bill (Fourth sitting) Debate

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Department: Department for Transport

Railways Bill (Fourth sitting)

Olly Glover Excerpts
Jerome Mayhew Portrait Jerome Mayhew
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That is just as well, because I am going to leave those to the Liberal Democrat spokesman, but I will be happy to support new clause 15 should he be minded to press it to a vote.

Olly Glover Portrait Olly Glover (Didcot and Wantage) (LD)
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It is a pleasure to serve under your chairmanship, Sir Alec. I wish to speak to new clause 15. In doing so, I must ask the Minister for his assistance with either a medical or a political problem—I am not entirely sure which it is, because I cannot get a GP appointment in Didcot as we do not have a GP surgery on Great Western Park, but that is an issue for another time. In the absence of a GP appointment, I really hope that the Minister will be able to save me from sullying my reputation. In speaking to this new clause, I find myself at risk of having to say something positive about the Thatcher Government, which is obviously somewhat politically embarrassing.

New clause 15 proposes adding a rolling programme of electrification to the Bill. The reason that I may need to say something nice about the Thatcher Government is that according to figures that I have looked at, nearly 3,000 km of railway was electrified under that Government during the 1980s, to which the just 170 km electrified under the 1997 to 2010 Labour Government compares very unfavourably. That perhaps comes as quite a surprise, given that there was significant economic growth during that later period, at least compared with today—[Interruption.]

Laurence Turner Portrait Laurence Turner (Birmingham Northfield) (Lab)
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I think we just heard an Opposition Member ask, “What were they doing?” in respect of the 1997 to 2010 Government. The answer, of course, is that capital investment had to be directed to safety in the aftermath of Hatfield and other disasters. When we look at where exactly that money was spent, it was on the safety improvements necessitated by some of the disasters caused by privatisation. I am a strong supporter of electrification, as I know the hon. Member for Didcot and Wantage is, but I thought it was important to place that on record.

Olly Glover Portrait Olly Glover
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I thank the hon. Gentleman for his intervention. I will say two things in response. First, I hope that his Government and the Minister will support the new clause, because, given the strong state of railway safety today, there should not be the same limits on electrification expenditure that he suggests. Secondly, the problem with his point is that very few electrification schemes were authorised between 1997 and 2000, the period before the Hatfield rail disaster, which led to the period of safety recovery that he quite rightly highlighted.

The direction that the Government are taking is a big concern. They have yet again cancelled the midland main line electrification, a scheme that would have happened 40 years ago in any other European country. Our stop-start progress on electrification compares very unfavourably with other countries in Europe. Germany has delivered a steady 200 km a year, or thereabouts, on average for many decades, and in so doing delivers significantly lower unit costs than our boom and bust approach to electrification. It is not just Germany. We often hear excuses about how electrification is too difficult for us because of our limited gauge clearance or our scenery, but that does not explain the fact that the entire Swiss rail network is electrified, including railways in UNESCO world heritage sites and more than 3,000 metres above sea level.

With the exception of the trans-Pennine route upgrade and a couple of other very small schemes, nothing is committed at the moment. That is a real shame, because the benefits of electrification are significant. I feel that we have perhaps lost our way in this country. We have become very focused on electrification as a means of decarbonising our railways, but that is a small part of the enormous benefits of electrification. Electrification delivers more reliable, lighter trains that have far less impact on the track and are also cheaper, because pure electric multiple units are the standard off-the-shelf product across the European rolling stock market. What wouldn’t any other sector—whether it is shipping, which I know the Minister has a keen interest in, aviation or the car industry—give for the ability to provide constant electrical power to get the amazing power-to-weight ratio that electrification delivers?

We constantly talk about the lack of freight on our rail network. A big part of that is that rail freight tends to be diesel hauled, which has far worse acceleration and consumes far more track capacity. On a recent journey across Germany and other parts of Europe, I did not see a single diesel-hauled freight train; they were all electric. That enables so much more to be squeezed on to the network, and would support private sector investment. For example, GB Railfreight has invested in a fleet of locomotives that can haul both diesel and electric. Having visited its Peterborough headquarters a few months ago, I know that it would like to run under electricity far more than it is currently able to because of our electrification rate. We are in a very poor state, and not just compared with western European countries; Poland and India have significantly higher percentages of electrified railways than we do. At the moment, I see no hope of that changing.

Our new clause 15, requiring a rolling programme of electrification, would also significantly reduce unit costs, because the supply chain would get used to doing it, we would become experienced at structures clearance, and so on. That is not my opinion; that is what Sir Andrew Haines, former chief executive of Network Rail and now chair of DfT Operator, said before the Transport Committee.

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Olly Glover Portrait Olly Glover
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Yes, the hon. Gentleman is correct. Scotland, as a result of a longer-term commitment to electrification, has got unit costs down considerably, and has now electrified the bulk of the dense-traffic network in the lowland area and central belt. We can do the same in England and Wales should we wish to do so. I hope that the Government will change course and, in so doing, that the Minister will enable me to praise his Government and his commitment to beating the Thatcher Government’s electrification rate, liberating me from the difficult position of having to compliment the 1980s Conservative Government on their electrification progress.

Edward Morello Portrait Edward Morello (West Dorset) (LD)
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I will speak to new clause 20, which makes the simple ask that Great British Railways does all it can not to contribute to the climate crisis. I hope it is uncontroversial, because the bits of legislation that we are asking for GBR to adhere to are the Environment Act 2021 passed by the previous Conservative Government, the Climate Change Act 2008 passed by the previous Labour Government, and the Air Quality Standards Regulations 2010 passed by the coalition Government.

I am deeply concerned that climate change does not appear in the Bill at all, and we tabled new clause 20 to close down that problem. At a time when extreme weather is already disrupting services, damaging infrastructure and frustrating passengers, the absence of any clear environmental duty is extremely troubling. We are already seeing the impacts of climate change on our rail network. In West Dorset, services have been severely disrupted by soil moisture deficit, alongside flooding, high winds and extreme weather. Last summer, that led to a reduced timetable, widespread delays and endless bus replacement services. From August, services from London to Yeovil Junction were cut to one train an hour, and took more than half an hour longer, while services to Exeter were reduced to one every two hours. That is the cost of not planning ahead.

New clause 20 would require GBR to take climate risk seriously in every decision that it makes. That means factoring in flood risk, heat stress on tracks, coastal erosion and extreme weather, and designing infrastructure that can cope with hot summers and wet winters. If the Bill is about the future of rail, it must account for a future that is going to be impacted by climate change. The new clause would strengthen the case for rail electrification, encourage low-carbon construction methods and ensure that procurement decisions properly consider materials, the supply chain and energy use.

Without a clear statutory duty, environmental goals risk being treated as entirely optional. With new clause 20, climate and environmental objectives would become part of GBR’s core purpose. Decisions would be more consistent across the network, rail would be properly aligned with national climate and nature targets, and GBR would be more transparent and accountable.

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Olly Glover Portrait Olly Glover
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I beg to move amendment 130, in clause 3, page 2, line 22, at end insert—

“(h) complying with the provisions of the Passengers’ Charter laid under section [Passengers’ Charter]”

This amendment is consequential on NC8.

None Portrait The Chair
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With this it will be convenient to discuss new clause 8—Passengers’ Charter

“(1) The Secretary of State must, within six months beginning on the day on which this Act is passed, lay before Parliament a Passengers’ Charter.

(2) A Passengers’ Charter must include—

(a) a guarantee about value for money, quality of service, and provision of adequate seating for any single part of a journey taken by rail for a duration greater than thirty minutes;

(b) targets for reliability of services;

(c) a timetable for implementing improvements to passenger accommodation on train services, including in relation to—

(i) seat design,

(ii) availability of high-speed WiFi and reliable cellular network service,

(iii) provision of power outlets,

(iv) storage for luggage, bicycles, pushchairs and prams,

(v) provision of toilets, including standards of cleanliness and accessibility, and

(vi) provision of on-board catering on any train service with a total duration of at least two hours;

(d) a guarantee relating to improving the accessibility of trains, stations, areas immediately surrounding stations and interfaces with connecting transport modes, and replacement road services, for passengers with disabilities;

(e) extension of the principles behind Delay Repay compensation to include a framework of compensation for failures to comply with the Passengers’ Charter for lack of specified on-board amenities;

(f) a commitment that Great British Railways will take all reasonable steps to ensure that systems for compensating passengers for delays or disruption—

(i) are digital by default;

(ii) minimise any administrative burden on passengers when applying for compensation;

(iii) allow, where practicable, for compensation to be issued automatically based on information attainable by Great British Railways from about a customer’s journey or from a ticketing account.”

This new clause requires the Secretary of State to lay a Passengers’ Charter and sets out the what the charter should contain, including provision relating to customer amenities, value for money, accessibility and compensation.

Olly Glover Portrait Olly Glover
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Amendment 130 and new clause 8 constitute a Liberal Democrat proposal to introduce a 21st century update to passenger charters. I shall seek to be concise; in the unlikely event that hon. Members would like to hear more, I should say that I gave a ten-minute rule Bill speech on the subject in the House of Commons yesterday.

For context, given above-inflation fare increases over many decades, which I alluded to earlier, the modern rail passenger rightly expects more than they often get. On-board amenities are generally not subject to any form of compensation provision should they not be available. Indeed, passenger charters generally make good noises about having such amenities, but they do not get the same guarantees for them as they do for delays.

The issue is not necessarily about moving to this tomorrow; there are many older trains on our network that require either upgrading or replacement with modern amenities, but where the amenities exist they should be provided. It should no longer be considered a luxury to have functioning wi-fi or a mobile phone signal so that people can be productive on the train. Toilets should be reliable, a seat should not be considered a luxury—a standard class ticket does not entitle one to a seat—and there should be adequate space for luggage, pushchairs, bicycles and so on. In so doing, we will make the rail offer more attractive to the travelling public and ensure that people do not have bad experiences, as did my friend Jen from Wallingford who, after a particularly terrible journey between London and Glasgow on Avanti West Coast, has now returned to driving, even though the distance is—off the top of my head—some 350 miles.

Our proposal would require the Secretary of State to lay a passenger charter before Parliament within six months of the Act’s being passed. That updated charter would look at providing value-for-money guarantees not just for delays, but for provision of other amenities, with reasonable waivers such as for journeys under 30 minutes, which can be subject to commuter-heavy loading at peak times.

The whole principle of delay repay should be protected. I keep hearing rumours—I have no idea whether they are true; perhaps the Minister could give us assurances that there will not be any attacks on delay repay. We should be proud of it, as it is a much more generous compensation provision than in any other European country and it should not be diluted or reduced to save costs. Instead, we should focus on preventing delays and managing delays better so that we do not need to pay so much delay repay. That compensation provision should be extended to other onboard amenities, so that there is an incentive to create a 21st century onboard environment that enables us to retain our existing passenger base and attract far more people to our railway.

Edward Argar Portrait Edward Argar
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I have only a few brief remarks to make. Having read both new clause 8 and amendment 130, which is effectively consequential, I say to the hon. Member for Didcot and Wantage that they appear to be perfectly reasonable and sensible proposals that seek to focus, as we should be doing, on the passenger. I have a couple of points consequent to that.

I see the intent behind the provisions; my only query is that I cannot see in the language of the new clause or amendment where the teeth are when it comes to enforceability. I suspect that the hon. Gentleman has in mind exactly how that would operate, but I would be grateful if he clarified how the provisions would be enforced and where the teeth are when it comes to the travelling public. I also associate myself with his question to the Minister, about delay repay.

The focus of all we are doing should be on the passengers—the service users of our railways. The passenger has paid to use that service. Again, I hope the Minister will take the opportunity to confirm on the record that there is no intention to weaken the delay repay scheme once GBR is in operation. The key is for the Government, rather than seeking to weaken delay repay to save money, to actually put their money where their mouths are and be confident that GBR will improve reliability. That way, GBR will not have to pay out so much because the trains will be doing what they are there to do for the travelling public. I hope the Minister can give that assurance as he winds up.

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Keir Mather Portrait Keir Mather
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Forgive me. The shadow Minister points to the fact that we have, in his view, a dearth of ambition when it comes to what we have set out in clause 18. I would actually argue the inverse—the standards set out in clause 18 relating to reliability of services, avoiding overcrowding and promoting the passenger experience are fundamental to creating the turn-up-and-go railway with a single directing mind that GBR seeks to achieve.

At the heart of it, these are the fundamental building blocks of the passenger experience. Layer on top of that the ways in which GBR will be nimble and dynamic enough under this legislation to lay out the passenger offer over time, and that creates a suite of measures that allow us to enhance, in the whole, the passenger experience. On that basis, I urge the hon. Member for Didcot and Wantage to withdraw the amendment.

Olly Glover Portrait Olly Glover
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If you will indulge me, Sir Alec, I will briefly respond to the points that have been made. I thank the Minister for his comments. He will know from our past interactions on this that I very much agree with him that we definitely do not want the micromanagement and overprescription of GBR. That would be absolutely inimical to what I want to see happening, but there is a distinction to be made between setting the overall standards and the implementation of the work needed to meet those standards.

I do not read the rest of the Bill as quite saying, “We’re just going to let GBR crack on and define everything from scratch for itself”. Given the Minister’s comments about micromanaging, which I find encouraging, I look forward to hearing what he has to say about the later amendments that are designed to dilute the Secretary of State’s ability to interfere. Hopefully, given his comments, he might be minded to give them a fair hearing, but we shall see when the time comes.

The right hon. Member for Melton and Syston makes the good point that these things need to have teeth, and that is the intention of clause 8(2)(e), which would extend the delay repay principle to onboard amenities. Work would clearly need to be done to establish a sensible framework for the evidence requirement for people submitting claims—that would need to be thought through further—but that has not been prescribed here precisely because that would be a matter for GBR.

We also want to add teeth with subsection (2)(f), which is all about making it easier for people to claim compensation and allowing them to do so digitally rather than just on paper. In fairness, a lot of that has improved, and we hope it will continue to improve. I also want to address the very fair point made by the hon. Member for Bexleyheath and Crayford. The challenge with these things is always where to define the cut-off, but it should not be inevitable that commuters in south-east London, Greater Manchester or anywhere else should have to stand by default.

Rolling stock cuts without replacements on some routes—maybe not the hon. Gentleman’s, but elsewhere—have partly added to some of those problems. That includes the premature withdrawal of British Rail class 455 trains on Southern without a replacement and class 365 trains on the Great Northern network. A lot of these poor decisions were made following the pandemic to save cost in the short term, which has added to some of the overcrowding problems—many of which are preventable. We have included a 30-minute minimum duration in new clause 8 to try to be reasonable and to recognise that things are not always perfect.

In conclusion, we are putting a passengers’ charter forward because we feel that there is value in improving the onboard offer and making it consistent. There are things in the charter that would support other elements of the Bill by strengthening accessibility provision. For catering, my temptation would have been to go even further and wax lyrical about restaurant cars on Swiss railways or Austrian railways, which—if anybody has not enjoyed them—should be very welcome.

In Switzerland, even inter-city trains of just two hours always have a restaurant car, and they have a separate division for on-train catering, which is in-house—they take it very seriously. I have been on 55-minute journeys across Switzerland and have been attended to straight away. It is inexpensive and very good. I have decided not to be too prescriptive and to just talk about onboard catering. It is then for GBR, or whoever, to decide if they wish to embrace that particular bit of Swiss excellence, as well as electrification, as I mentioned earlier.

I think I have said more than enough, Sir Alec. I said earlier that we want to press new clause 8 to a vote. I expect I have to take guidance from the Clerk as to whether a vote on that or on amendment 130 would be most helpful—either is good with us.

None Portrait The Chair
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New clauses will be moved at the end.

Question put, That the amendment be made.

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Olly Glover Portrait Olly Glover
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I beg to move amendment 133, in clause 3, page 2, line 39, at end insert—

“(4A) Great British Railways must, when exercising its statutory functions, seek to increase passenger traffic on railways.

(4B) Great British Railways must set and publish targets in relation to subsection (4A).”

This amendment would require Great British Railways to exercise its statutory functions with a view to increasing passenger numbers.

None Portrait The Chair
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With this it will be convenient to discuss the following:

Amendment 248, in clause 3, page 2, line 39, at end insert—

“(4A) Great British Railways must, when exercising its statutory functions, achieve targets for—

(a) growth in in passenger traffic on railways, and

(b) growth in the overall share of passenger journeys taken by rail for the purposes of—

(i) work,

(ii) leisure, and

(iii) accessing goods and services,

relative to other modes of transport.

(4B) Targets under subsection (4A) must—

(a) be set by Great British Railways, with the agreement of the Secretary of State, and

(b) take into account, and be published alongside, each Rail Strategy under section 16 of this Act.”

This amendment would require Great British Railways, when exercising its statutory functions, to meet a target for overall growth in the number and relative proportion of passengers using railways.

Amendment 35, in clause 18, page 10, line 17, at end insert

“and to increase the number of passenger journeys in absolute terms and as a percentage of passenger journeys by mode of transport.”

This amendment would require Great British Railways to carry out its functions so as to increase the number of passenger journeys.

Amendment 249, in clause 18, page 10, line 23, at end insert—

“(g) so as to achieve an increase in—

(i) the number of passenger journeys undertaken by railway, and

(ii) the proportion of passenger journeys undertaken by rail relative to other modes of transport.”

See explanatory statement for Amendment 248.

New clause 42—Passenger growth target

“(1) The Secretary of State must set and publish a target to increase passenger numbers in Great Britain.

(2) The Secretary of State—

(a) must keep the target under review, and

(b) may revise or replace it.

(3) If the Secretary of State revises or replaces the target, the Secretary of State must publish the revised or replacement target.

(4) Great British Railways must, when exercising its statutory functions, have regard to—

(a) the target set by the Secretary of State under this section, and

(b) any strategy or policy of the Scottish Ministers relating to the growth of passenger numbers in Scotland.”

This new clause requires the Secretary of State to set a passenger growth target.

Olly Glover Portrait Olly Glover
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The length and complexity of this amendment mean that hopefully I will be able to relieve hon. Members by making a very concise speech. The Liberal Democrats welcome the Government’s commitment to a freight growth target as part of GBR. It is good that we have greater ambitions for the carriage of rail freight on our rail network, which tends to lag behind most European competitors in modal share. However, we think that the Bill has missed an opportunity by not including a comparable target for passenger growth. I have heard the argument made in front of the Select Committee and other forums that that could compromise or undermine the freight growth. I disagree with that premise. As so often in life, it is not either/or; it is both/and. Railways are useful for both passengers and freight.

Freight is arguably neglected on our network and the economic and environmental benefits are absolutely enormous, especially if electrically hauled. One freight train is able to convey many containers or aggregate wagons and take dozens of lorries off the road. We therefore very much support the freight growth target, but feel that there should also be a passenger growth target. Many of our roads are plagued by congestion and many people opt to take the car who, in other circumstances, would like to take the train, but have either had negative experience of overcrowding or fear that they could be subject to overcrowding and a bad experience. Amendment 133 would require GBR to set a target for increasing passenger traffic and publish progress in relation to how it will achieve that. I think that I have said more than enough and am very interested to hear the Minister’s comments.

Jerome Mayhew Portrait Jerome Mayhew
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The official Opposition, strongly support this amendment because it seeks to increase passenger traffic on the railways, in addition to the welcomed inclusion of an objective to increase freight. We agree with it so strongly because it is almost identical to our amendment 35, which I shall also speak to. Amendment 35 would add a specific requirement to subsection (2) paragraph (b) of clause 18—the duties clause—for GBR Ministers and the Office of Rail and Road,

“to increase the number of passenger journeys”.

This directly addresses the concern raised by the Campaign for Better Transport in the evidence received by the Committee. It is an essential amendment to ensure that GBR has a key focus and aim to increase passenger numbers—something that is essential for a railway. It would ensure that the dominant culture of GBR is not one where passengers are seen as creators of damage to infrastructure.

That is not a loose accusation that I have made; I have been listening to the industry for over a year now. The core structure of GBR is Network Rail. I know that I am bound to be corrected if I get this even a couple out, but I believe that Network Rail has about 41,000 members of staff. Network Rail is the central body to which train operating companies have been added at a rate of about one every six weeks or two months over the last period. An oft-repeated criticism of the culture of Network Rail has been that it sees passengers as a necessary irritation in the correct functioning of the railway. Sir Alec, if your organisation is engineer focused, the condition of the infrastructure is what is most important to you. Passengers demand lots and lots of trains, but lots and lots of trains damage the infrastructure. There is a concern in the wider sector— I am merely passing it on—that the culture of Network Rail has historically been one in which it wants to limit the number of trains to what it considers to be acceptable, so that it has a nice steady state of repair of the infrastructure. If that is the dominant culture that pervades GBR, now that it is bringing everything together, that will be a disaster for passenger services, because there would not be an automatic incentive to focus on an increase in passenger journeys, which is why amendments 133 and 35 are so important.

New clause 42—to go into the detail a little—would require the Secretary of State to set, publish and keep under review a passenger growth target. It would also require GBR to have regard to that target when exercising its statutory functions. In oral evidence to this Committee, Ben Plowden, chief executive of the Campaign for Better Transport, said:

“It is welcome that there is a duty to promote the interests of passengers and disabled people in the Bill. We think there is a case for strengthening that duty so that it aligns with the duty in relation to freight, which is to promote the use of the network for passengers and disabled passengers. There should also be an equivalent duty on the Secretary of State to set a passenger growth target, as she is required to do in relation to freight, so that, as we picked up on a minute ago, GBR does not end up being incentivised not to grow the network in order to meet its crowding and reliability duties, for example. It seems to us that giving it a statutory incentive to increase passenger use over time would be very helpful to build on the existing duty in the Bill.”––[Official Report, Railways Public Bill Committee, 20 January 2026; c. 24, Q49.]

That organisation was not alone, because John Thomas from ALLRAIL said:

“I think a passenger growth target is really important. At the moment, the duties for GBR only include improving performance. You can improve performance, as we saw during covid, by cutting the number of services, but that is not necessarily in the best interest of customers. We think a balance between a performance target and a passenger growth target is really important.”––[Official Report, Railways Public Bill Committee, 20 January 2026; c. 47, Q78.]

Finally, we heard from Rob Morris of Siemens. He said:

“What we seem to be missing in the Bill at the moment is the ambition for passenger growth, how that will improve the railway and the levels of investment that need to go with it.”––[Official Report, Railways Public Bill Committee, 20 January 2026; c. 64, Q122.]

It is unclear to me why, if the Bill can require a target to increase use of the railway network for freight, the same obligation is not applied to passenger services. The inconsistency suggests a deliberate choice not to mandate passenger growth. And why would GBR care about passenger growth? After all, if it will be dominated by Network Rail, there is at least a risk that its culture will be one of avoiding damage to infrastructure, in excess of looking after growing the number of passengers.

In written evidence to the Transport Committee, Rail Forum said:

“From Rail Forum’s perspective there is nothing specific in the Bill that will guarantee improved travel for passengers. Improvement is predicated on the goodwill of GBR and others driving things in the ‘right direction’. In our view the key to improvement is culture change within those organisations coming together to form GBR. Creating GBR from Network Rail Infrastructure Ltd…will not signal the need for change and creates a risk that the current Network Rail culture will be seen as the norm and hence the status quo will prevail.”

These are not arguments made up by a cunning Opposition to wrongfoot the Government. This is the Opposition doing our job properly and reflecting the concerns of the wider sector—not just from one organisation but from multiple organisations, right across the sector. They identify the drafting as a problem and the culture as potentially a problem unless the legislation makes it clear that it is a duty of GBR to increase passenger numbers.

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Laurence Turner Portrait Laurence Turner
- Hansard - - - Excerpts

I thank the shadow Minister for the constructive spirit of his intervention. Indeed, in the days of cross-party consensus on High Speed 2, I worked with members of his party exactly to address some of the capacity challenges on the network. I just say to him that the two are linked. As he was alluding to, the length of the trains is related to the signalling blocks and the safe distance between trains, so that they can be run together. If he is right, we should be looking to put on more carriages. When waiting for a CrossCountry train, I can certainly remember the collective groan on the platform when another short formation appeared. There is a hard limit, however, to what can be applied without providing more caps on the network. That is where the passenger versus freight dilemma comes in, because sometimes hard choices just have to be made. I take the hon. Gentleman’s point that this is not always either/or, but sometimes it is. Sometimes one has to be prioritised over the other, and freight has historically been the loser.

Olly Glover Portrait Olly Glover
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I am trying not to make too many interventions or to be tedious, but I cannot resist the temptation of that. Where the choice is either/or, does that not suggest that that particular route line requires an upgrade to provide sufficient capacity for both?

Laurence Turner Portrait Laurence Turner
- Hansard - - - Excerpts

The hon. Gentleman and I are members of the same Select Committee and we tend to agree on most things, and I think that I agree with him again. In the here and now, however, and in the circumstances in which the Bill will start to apply, I share the fear that if the freight growth target is accompanied by an equivalent passenger growth target, in effect the freight growth target is neutralised; it is no longer the essential correction to the tendencies that have sometimes seen freight services being squeezed off the network. I say to the shadow Minister that the previous Government put in place a freight growth target and not a passenger one at the same time, presumably for exactly the same reason: at times when the two are in tension, freight can suffer the detriment. I thought it was important to put that concern on the record.

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Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

I genuinely thank the shadow Minister, the Lib Dem spokesperson and Members from across the House for their considered and meaningful contributions on this matter. It shows the strength of feeling that we all have about making sure that the passenger experience sits at the heart of the way that our railways function. On the detail about the length of trains, which I agree is an interesting point that has been teased out in this debate, the rolling stock strategy that the DFT is bringing forward will have specific regard to the issue of train length. That will hopefully assuage some concerns.

The shadow Minister also pointed to the potential deficiencies in Network Rail caused by having an operational focus on the maintenance of infrastructure as opposed to promoting the needs of passengers. I would contrast that with the point that a lot of the issues that come with accessibility on the railway and sufficient provision of passenger services arise as much from the access regime and diffuse accountability as they do from cultural or institutional failings in Network Rail. In the current system, access is ultimately decided by the ORR and timetabling by National Rail, and we can end up with a situation where there is a 7 o’clock train from Manchester Piccadilly to London with no passengers on it. The existing system cannot put passengers at its heart, because its decision making process is too disjointed to be able to look at the railway in a holistic way. That is what the Bill is seeking to change.

As all amendments in the group relate directly to the notion of passenger numbers and increasing the number of passenger journeys, I will respond to them as a whole. As a commercial organisation, we believe that GBR will be naturally incentivised to drive up revenue through growing its passenger base and attracting more people to use the railway. GBR must also have the flexibility to determine how it can deliver on that ambition without adverse incentives, for example to congest the network at the expense of passenger experience, being established.

The Bill already includes a duty for sector bodies, including GBR, to promote the interests of users and potential users. That will require GBR to consider during decision making how to encourage new users on to the railway. That is a natural incentive to grow passenger numbers to enable them to realise the benefits of rail travel. That might include working towards encouraging modal shift, extending the network to areas with poorer connectivity or making informed choices to grow different types of services, such as leisure journeys.

In discharging its full remit of duties, including in particular its public interest and making efficient use of public money duties, GBR should make sensible, rounded decisions on where to target passenger growth across the network. It should do that in a sustainable way, and not to meet a passenger target frozen in aspic that might not be appropriate for the needs of the railway at the time. I urge hon. Members to withdraw the amendments.

Olly Glover Portrait Olly Glover
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I thank the Minister for his comments. I do not doubt that his intentions are genuine and that he would like to see the Bill and GBR lead to greater passenger numbers, but I gently suggest that that cannot necessarily be taken as read. In periods in the past—arguably to a smaller extent since the pandemic, but to a much greater extent going back to the 1980s and before—there was an approach called managed decline. That was a Trojan horse for closing a line of route; intentional efforts were made to reduce passenger numbers. I do not think it can be taken as read that there will always be a desire to grow the network.

Keir Mather Portrait Keir Mather
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May I test something from the hon. Gentleman’s perspective? The Secretary of State has a lot of oversight over how GBR functions under this new regime. One of her duties, and a duty for GBR, will be to ensure efficient use of public money. Do you not think that that creates a strong incentive for her to drive up passenger use on the railway to ensure that we have a balance of service? Going back to the point made by my hon. Friend the Member for Birmingham Northfield about the importance of freight, do you not think that the point about the essential correction for freight is important in a way that does not apply to passenger services?

None Portrait The Chair
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Order. May I remind Members again that we do not use the word “you”?

Olly Glover Portrait Olly Glover
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Thank you, Sir Alec. I say to the Minister that there but for the grace of God go I. I totally understand what he is saying, but it is perhaps slightly paradoxical: if there are all these reasons why it is almost inevitable that the Secretary of State will want to do this anyway, what is the harm of having a provision in the Bill?

The Minister made some very good points about nuance and needing to have the right targets for the right part of the country, but amendment 133 to clause 3 does not preclude that. Critically, proposed new subsection (4B) says that GBR must set and publish “targets”. It does not suggest that there should be one big monolithic target for the entire nation that everything would need to be attuned to.

It would be perfectly sensible for targets to be set by a business unit, or whatever it is going to be—it is currently Network Rail routes and Network Rail regions. There is plenty of room for nuance. This is simply about the principle that GBR should have increasing passenger numbers as a statutory function. I would therefore like to press the amendment to a vote.

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Olly Glover Portrait Olly Glover
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I wish to speak in favour of new clause 30, tabled by my hon. Friend the Member for Brecon, Radnor and Cwm Tawe (David Chadwick), who is the Liberal Democrat spokesperson for Wales. His new clause seeks to remove rail transport from the list of powers reserved to Westminster and to require the UK Government to transfer responsibility for rail in Wales to Welsh Ministers in the Senedd within two years. In practical terms, that would mean responsibility for rail infrastructure, investment decisions and long-term strategy in Wales sitting with the Welsh Government, rather than being controlled by the UK Secretary of State or Great British Railways. It would put Wales on the same constitutional footing as Scotland, which already has those powers.

The reason this matters is that, under the current arrangements, Wales has consistently lost out. Because rail is not devolved, Wales has no protection when England-only rail projects are classified in ways that deny Wales consequential funding. That has resulted in Wales missing out on billions of pounds of investment from projects such as HS2, Northern Powerhouse Rail and East West Rail, while the Governments in Scotland and Northern Ireland have received consequential funding to spend on their own rail projects.

The new clause would align responsibility and accountability, and ensure that decisions affecting Welsh rail are made in Wales. I believe that this was a campaign backed by Welsh Labour MPs prior to the general election, so I look forward to hearing the Minister’s comments.

Keir Mather Portrait Keir Mather
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I thank hon. Members for their contributions. I will start by addressing new clause 30, which would require the full devolution of responsibility for rail services and infrastructure in Wales.

The Bill is designed to bring strategic direction, accountability and oversight of the rail system into a single coherent framework, reflecting the fact that railways operate as an integrated cross-border network. Reserved powers play an important part in maintaining that integration. Retaining responsibility for rail infrastructure at UK level supports coherent strategic planning, consistent standards and efficient operation across England and Wales, including on routes that serve communities on both sides of the border.

The new clause would introduce new statutory boundaries into a network when we most need to simplify governance and reduce fragmentation. By reopening the devolution settlement and mandating the transfer of responsibilities that are already being addressed through strengthened partnership working, it risks diverting attention from implementation and delivery. The Bill already enhances joint working.

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Jerome Mayhew Portrait Jerome Mayhew
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Thank you very much, Sir Alec. We are making progress—it may not feel like it, but we are. Courage! We’re getting there.

Clause 5 deals with co-operation with relevant local government bodies. It is not going to be a bestseller, but it is important, just like every clause in the Bill. It delves further into the devolution of powers. It is hard to quantify the clause while the Government’s devolution Bill continues its progress through the House, which creates an awkward chicken and egg scenario. The challenge with the clause, about the nature of the devolution of powers across local government, really ends up bleeding into clause 6. I am concerned that the Government and, by extension, GBR will end up picking and choosing who they wish to accept consultation decisions from.

Clause 5(1) specifically uses the word “may” when referring to arrangements between GBR and local government. It states:

“Great British Railways may enter into arrangements with a relevant local government body about the exercise by Great British Railways of its statutory functions in relation to railways and railway services in the body’s area.”

There is no clear obligation to provide any functions to mayoral combined authorities, mayoral combined county authorities, passenger transport executives or integrated transport areas. Can the Minister help me and the Committee by clarifying what functions he has in mind in relation to this clause? How would it work in practice? Will there be guidance on it, and when will we have it? Has that work been done yet? If it has, why has it not been shared with the Committee, with its obvious corollaries? If it has not been done, why not?

That leads me to amendment 232 in my name, which would create a new subsection (2A) of clause 5 as follows:

“Where no arrangement between Great British Railways and a relevant local authority exists, the relevant local authority may appeal a decision made by Great British Railways affecting passenger rail services within its boundary under section 67.”

To bring the amendment to life, we need to refer back to the evidence from Mayors Brabin and Burnham on Tuesday. The amendment would give mayors and other regional leaders the right to appeal GBR decisions to alter passenger services in their area. They would be able to appeal to the ORR, because it would be an independent appeals process, in the event that there was no partnership in existence. In their evidence, Mayors Burnham and Brabin were clear that they expected—in fact, I think Mayor Burnham said he would insist on—greater powers to influence rail in their regions. The amendment would help to achieve that through a continued role for the trusted and impartial Office of Rail and Road.

At this stage, I should make it clear that while the power to appeal is set out in clause 67, the governance—what that appeal can look like—is set out in clause 68. I think I am right in saying that it was described as not being worth the paper it is written on as it is drafted, because it limits appeals to judicial review proceedings in the High Court where there is an error of law. There is strong evidence before the Committee to suggest that that clause should be amended to allow an appeal on the merits, and amendment 232 needs to be taken in conjunction with future amendments that we will put before the Committee to do exactly that. It is intended to include in the Bill the provision for an appeal on the merits to the independent ORR, in order to give succour to mayors and other leaders of regional transport authorities where GBR chooses to run roughshod over their local plans.

Olly Glover Portrait Olly Glover
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The Lib Dems think that clause 5 is along the right lines, and it is good that the Government are proposing to enshrine the principle of local consultation and dialogue into the Bill, because that is important for getting our railways and transport on a better footing. With the greatest respect to all Members present, too much in our country is dictated from Whitehall. We need more devolution; we need to listen more to local voices, and that applies as much to railways and transport as it does to anything else. I do, however, see merit in Conservative amendment 232, which is intended to strengthen some of the provisions of clause 5.

I will briefly say a little about Liberal Democrat amendment 214, which we see as a very simple and uncontroversial amendment. If the Minister does not intend to support it, I would genuinely be interested in why. It is simply based on the principle that clause 5 focuses on mayoral strategic authorities, but, because of the ongoing state of flux that local government reorganisation is in—I will not use any stronger words than that—we do not yet know exactly what the final structure will be; we do not know whether everyone is going to get a mayoral strategic authority. I am not an expert on the south-west of England—the hon. Member for South West Devon, sat next to me, is—but I keep hearing, for example, that Cornwall may not be part of a mayoral authority. Surely, it is not the intention of clause 5 to say that GBR would not have to engage with whatever local or regional authority there ends up being in Cornwall, if not a mayoral strategic authority.

Jerome Mayhew Portrait Jerome Mayhew
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This Committee has been a good example of the hon. Gentleman’s party and mine working collaboratively to improve the Bill. While he knows that I agree with the direction of travel that his amendment has in mind, I question its extension to an organisation as small as a district council. Given that district councils are a feature of two-tier local government—there will be a county council above them—can he explain why he thinks it is sensible to include them in the amendment?

Olly Glover Portrait Olly Glover
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I encourage the hon. Gentleman not to get too carried away by the points on which we have agreed so far, because there will be plenty on which that is not the case. I also encourage Government Members not to get too excited, because I have agreed with them on plenty of things as well. Hopefully that shows that our politics can be more serious and less juvenile and we can all find things on which we agree. Before I make myself feel even more sick, I shall carry on.

I understand what the hon. Member for Broadland and Fakenham was saying. The intention of the amendment is not to suggest that GBR should be engaging with district-level authorities by default. Once local government reorganisation is complete and coherent, there will not be any district councils, so that bit will be rendered null and void. The aim is simply to cover all our bases, because we do not know where local government reorganisation will take us. Until we get there, it is important that whatever the voices are in a given part of the country, they are heard.

Local government is so complicated. It is different in so many bits of the country—even places right next to each other. My constituency covers South Oxfordshire and Vale of White Horse, which have district and county, and then next door in West Berkshire it is unitary. Even there, even in parts of the country that used to be part of the same county—I hope the Campaign for Historic Counties is listening; I do sometimes engage with its Facebook comments—

Rebecca Smith Portrait Rebecca Smith
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Knowing the hon. Member’s enthusiasm for all forms of transport as I do, I would like to build on the point that my hon. Friend the Member for Broadland and Fakenham made about amendment 214 in respect of district councils, and ask whether it would have been better to use the term “a transport authority”, which may well have linked it more clearly to the Bus Services Act 2025. That new bus legislation allows council-led transport authorities to control bus services. Perhaps that would have been good, safe ground to be on, which might well have enabled us to be more supportive.

Olly Glover Portrait Olly Glover
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I thank the hon. Lady for her comments. I think that absolutely was our intention. Perhaps the placement of commas, or semicolons or colons, or dashes if one prefers them—I cannot stand them personally, but some people love them—would have made that clear. The key thing that we are getting at, the thing that is critical, is the last five words of our amendment:

“authority with statutory transport responsibilities.”

We listed all the ones before that just because it is all so complicated and convoluted. But that was absolutely the intention. I think it is perfectly possible, if the Minister can offer an assurance that the intention is not to exclude any parts of the country that do not benefit from mayoral strategic authorities and can say a little about how he feels that the gap in clause 5 will be covered, that that will be enough to give us some assurance.

Edward Argar Portrait Edward Argar
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I will speak relatively briefly about a slightly tangential but linked point about co-operation with local authorities. My hon. Friend the Member for Broadland and Fakenham has already made the point about non-mayoral authorities. Whatever the direction of travel by the Government, there will still be a significant number of areas not covered by a mayoral authority when the Bill—should it pass through Committee and the House—comes into effect. I think that the wording of clause 5 risks excluding, even if only for a time, a number of relevant local authorities.

I have broader concerns about the duty to co-operate—the duty to work together. Rightly, it focuses on the operation of the railways, and that link, I suspect in intention if not in drafting, with transport authorities. However, there is a need—if this is not written in the Bill directly, perhaps the Minister can explain how he envisages it working in practice—for broader co-operation by GBR with local authorities.

To give an example, in Syston in my constituency, we have the very real challenge of flood risk around the brook that runs through the centre of the town. Lots of work has been done by the local flood group and others to reduce that risk and to get the Environment Agency to take steps to clear the brook, which I have also been very active in, but one of the key issues that remains is a pinch point in the brook under a railway bridge, an asset of Network Rail. The problem is a footpath that is built alongside, under that bridge, that takes up a chunk of what could be waterway with a bank. An idea has been advocated to me by members of that group, and especially by Chris—I will not use his full name—who is a very active member. He suggests, “Couldn’t Network Rail be persuaded to remove the footpath and the bank and instead come up with an engineering solution, a metal bridge or metal footpath, that allows water flow underneath?” That sounds like a sensible and practical idea, and I will of course press it with Network Rail, but I use it as an example of an issue that often occurs when railway assets are, quite rightly, very carefully protected by Network Rail because of the impact on passenger trains and safety aspects.

The situation can be incredibly difficult. I have not yet tried my luck with Network Rail—hopefully it is listening and might be receptive—but it can be very difficult to get it to agree to change its assets at the request of the local flood authority or council, for example, and co-operate because it sees that as a significant expense and a potential disruption to the railways. While I hope that I will receive a constructive response in due course, will the Minister address how, if he is not including this in the Bill, he would envisage GBR being obliged to work in a co-operative and constructive fashion with local authorities and other public bodies when their assets are part of the mix of that conversation?