Railways Bill (Seventh sitting)

Rebecca Smith Excerpts
Edward Argar Portrait Edward Argar (Melton and Syston) (Con)
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I will be brief, as I know that a number of hon. Members wish to speak.

I can see the intent behind amendment 134 in the name of the hon. Member for Didcot and Wantage, which would ensure that the strategy covers a 30-year period, and I think it is important that one looks to the future. Given our relative ages, I suspect that, notwithstanding any decisions by the electorate, the Minister may be the only person who is still in this place to assess whether the strategy has worked in 30 years’ time. The hon. Member for Didcot and Wantage was right to highlight that a 30-year strategy would set a baseline, but, as with any strategy, it would be right to refresh and, if necessary, amend it every few years to reflect changing externalities or new Government who wish to tweak it in a different direction. I think that is a sensible approach.

Amendment 137 has an important focus on rural transport links. I have four stations in my constituency: Syston, Bottesford, Sileby and Melton Mowbray. Apart from Melton Mowbray and Syston, those stations are in relatively small villages that are served by only irregular buses. The intent behind the amendment, as I understand it, is to not only focus on investment in those rural services, but ensure that there are linkages so that people in outlying villages or elsewhere can access them. I know that my constituents would very much welcome that.

Amendments 207 and 261 focus, in different ways, on interchanges and integrated transport, which are hugely important. The hon. Member for West Dorset rightly highlighted the experience, which I expect many of us and our constituents have had, of landing at a railway station five minutes after the train has gone because the bus service is not integrated in its timetabling.

I gently caution the Minister that a national integrated transport strategy may not be something he wishes to take on himself. If I recall, that was something mooted in “Yes Minister”, and Jim Hacker took on the job, in an episode known as “The Bed of Nails” because it was deemed virtually impossible to win when trying to integrate all aspects of transport strategy. Fond as I am of the Minister, I would counsel him not to take on that role, even if the Bill has the right intent of trying to integrate transport a little better.

Amendments 224 and 225 would rightly require freight services to be considered carefully, and would require consultation with freight operators. Throughout the Committee’s proceedings, we have spoken a number of times about the potential tension between passenger services and GBR’s own services, and the need for freight services to be protected and supported, as well as whether there is an explicit target for freight versus passenger services. Again, I think the amendments are sensible.

Finally, I think new clause 29 in the name of the hon. Member for Didcot and Wantage, which would require an assessment of the need for Sunday services, is extremely sensible, and I hope that others on the Committee will speak to it. I mentioned Sileby station in my constituency. Sileby is a large village, but on a Sunday it has only one bus to Leicester first thing in the morning and one bus back from Leicester in the afternoon. That is the extent of the public transport available to that large and growing village. Constituents have written to me to ask what can be done to better understand the demand for and possible implementation of a Sunday rail service there—even if it is only irregular, running once or twice a day, it would be something—to give them that option, so I know that they would welcome new clause 29.

Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
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It is a privilege to serve under your chairmanship, Mr Western. I will speak to a few of the amendments and new clauses, including those tabled by my hon. Friend the Member for Broadland and Fakenham, as well as some of those tabled by the Liberal Democrats, because some of their ideas are worth noting.

It is obvious why I would support amendment 224, which yet again seeks to include in the Bill more mention of rail freight. As someone who is keen on looking at how we can use rail, and even sea, for freight, I emphasise the necessity of ensuring that it is a central part of the Bill. The Government speak about wanting to tackle climate change and bring net zero into play, but that will be hampered if the rail freight network is not strongly represented in the Bill. I appreciate that the Minister will say that it does mention rail freight, but we do not feel it is explicit enough, and we want to ensure that we get it nailed into the Bill wherever we can.

Amendments 260 and 261 in the name of my hon. Friend the Member for Runnymede and Weybridge (Dr Spencer) would require the rail strategy to consider local need, in particular in respect of level crossings and integrated transport. That is something that the Select Committee on Transport, which I am a member of, is also looking at. Indeed, we had our first hearing on integrated transport yesterday, and one thing that came across strongly to me was that we should really have been looking at an integrated transport strategy before this Bill was introduced, because how rail and buses—I have had the privilege of serving on Bill Committees on both subjects—slot into such a strategy is really important. Therefore, having something on the face of the Bill that pushes towards ensuring that we have regard for integrated transport is important.

Jerome Mayhew Portrait Jerome Mayhew (Broadland and Fakenham) (Con)
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My hon. Friend is quite right that we need to look at modal interoperability. Does she agree with my hon. Friend the Member for Runnymede and Weybridge that a level crossing in a conurbation has a negative impact on road use and, in some instances, cuts one side of a town off from the other? Is he right, as I suggest he is, that that should be part of GBR’s consideration?

Rebecca Smith Portrait Rebecca Smith
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Yes, absolutely. Indeed, amendment 260, tabled by my hon. Friend the Member for Runnymede and Weybridge, would require the forthcoming rail strategy to have specific regard to level crossings. Fortunately, I do not have anything like what my hon. Friend the Member for Broadland and Fakenham describes, where a level crossing splits an entire town in half, but I presume that the Government will not want to invest in bridges everywhere there is a level crossing, so having at least some regard for level crossings in the rail strategy, and ensuring that one thing does not negate the other, will be essential. I entirely agree with my hon. Friends.

Amendment 137, in the name of the hon. Member for Didcot and Wantage, relates specifically to rural communities, and no doubt it overlaps with amendment 260. Like my right hon. Friend the Member for Melton and Syston, he has highlighted the importance of good rail connectivity in our rural communities. Again, that came up in the Transport Committee’s oral evidence session yesterday: how do we make sure that we are not just weighting the system in favour of urban areas, and make sure that due and serious regard is given to rural communities? My rural community has only one station, and we are keen to see more stations that will serve rural communities, both in my constituency and others. But ultimately, if we really want to see that modal shift away from cars to the railway, we have to make sure that everybody stands a fair chance of accessing it.

I will turn to new clauses 28 and 29, again in the name of hon. Member for Didcot and Wantage. The first is about technology and the need for connectivity on the railway. As somebody who does the right thing and uses my mobile phone rather than Great Western Railway’s wi-fi to connect to the internet—because that is what the parliamentary security people tell me to do—I am entirely reliant on my 4G network to work on the train. I sit there for three and a half hours one way and three and a half hours back, if I am lucky—I have that to look forward to later on today—and I rely on that time to complete my work. I am sat in Bill Committees half of the week, so that time on the train, doing my constituency work and reading in preparation for this Committee, is essential. When there is no decent wi-fi or 4G connection, that is a problem.

I am sure the Minister is well aware of the very exciting pilot that GWR has been doing using Formula 1 technology, which is right up my street, as those who know me well will appreciate. It is excellent. Effectively, it uses that thing no one likes because it technically belongs to that American Musk guy—is it Skylink?

Rebecca Smith Portrait Rebecca Smith
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That is it. It still works, though, and provides a very good internet signal.

I suppose that is a question for the Minister: what regard is he giving to such pilots? That might not be on the face of the Bill, but a large part of the population will want to know we have talked about how to ensure that connectivity on Great British Railways is up to date. Connectivity means getting from A to B, but also the ability to work using the internet. I completely agree with the hon. Member for Didcot and Wantage on that point.

I will just briefly speak to new clause 29, on Sunday working arrangements. I have mentioned this already, but those far-flung parts of the country that rely on a possibly hourly service into London that connects all the way through the south-west region need the guarantee of Sunday services. I have to leave at 6.55 am to get here. If I want to get here for an early start on a Monday, I have to leave the night before—if there was no train available, I would lose nearly a whole day just to get to London for a meeting on a Monday morning. It is a privilege to be able to do that, but I would rather not, and more frequent trains would help.

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Keir Mather Portrait The Parliamentary Under-Secretary of State for Transport (Keir Mather)
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Good morning, Mr Western. It continues to be a pleasure to serve under your chairship.

I thank right hon. and hon. Members for their contributions and for the clarity and succinctness with which they delivered them. I am afraid I will not be able to follow in their footsteps when responding to what is a chunky group of amendments and new clauses, so they will have to bear with me for this section of our deliberations. Clause 15 has been of considerable interest to members of the Committee and to the rail industry more generally, as we heard during oral evidence. I am thrilled that so much enthusiasm is being expressed for the strategy both verbally and in amendments, each of which I will now address.

Amendments 134 and 25 relate to the timing of the strategy. Amendment 134 would require the strategy to be set for 30 years. The Government have already confirmed that the strategy will cover a 30-year period. Setting that in legislation, however, is inflexible and unnecessary. Although the Government’s ambition is for a 30-year-long strategy, we need to provide for the ability to make reasonable changes to that term when needed.

Amendment 25 would remove the ability for the strategy to be amended within a 15-year period. That would fundamentally limit the railway’s ability to respond to unforeseen circumstances such as the covid-19 global pandemic. I hope the hon. Member for Broadland and Fakenham agrees that such a circumstance, or any number of other possible events, would clearly require the strategy to be revisited within a timeframe of less than 15 years.

Rebecca Smith Portrait Rebecca Smith
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The Minister’s comments imply that a 15-year strategy would be fixed in concrete and could not be amended. I am assuming that the 30-year strategy will be fluid and flexible to take into account the circumstances that he has just mentioned, such as—God forbid—a future pandemic. I feel the way he has described the amendment is not entirely in the spirit of what was meant, so it is worth reflecting that. Ultimately, we all want a flexible railway; we are just trying to say that the strategy could last for 15 years instead of the current 30.

Keir Mather Portrait Keir Mather
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I thank the hon. Lady for her intervention. My reading of the amendment is that it would remove the ability to amend the strategy within a 15-year period. Her broader point, about having flexibility to make determinations about the long-term rail strategy and cater for unforeseen events, technological innovations and global events that we cannot predict, strengthens the argument that we made about amendment 134, when we considered whether to set the period in stone and make it exactly 30 years. There has clearly been deliberation between the official Opposition and the Liberal Democrats about whether it should be 15 or 30 years, but we think that not being overly prescriptive is the best way to ensure that the rail strategy gives a long-term perspective and is sufficiently malleable to meet changing operational realities on the railway.

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Jerome Mayhew Portrait Jerome Mayhew
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The usual procedure applies again. Clause 16 requires both GBR and the Office of Rail and Road to “have regard to” a number of different requirements, such as the long-term rail strategy, the statutory transport or rail strategies published by the Welsh and Scottish Governments respectively, the mayoral combined authorities and the Mayor of London. There is a key political question within this clause: why has the Minister chosen to apply a duty on GBR and the ORR to only “have regard” to those strategies? In practice, that means only that GBR and the ORR will consider transport plans, not that they must, or even should, follow or prioritise them.

That seems a slightly unusual position for the Government to take, given their keen approach to oversight of GBR in other clauses, such as 7 and 9, where it looks like they wish to maintain their role as key stakeholder over that of the devolved Governments and the mayoral combined authorities. The weak obligations are shared, whereas the strong obligations are kept primarily to themselves. It is a surprising approach, particularly given that clauses 7 and 9 effectively strip GBR of operational independence. I recognise that the Scottish Government and, to a lesser extent, the Government in Wales have their own clauses to guide and direct, but the mayoral combined authorities certainly do not. I wonder whether this clause is directed at overweening powers demanded by certain mayors, but I could not possibly look into the depths of the psychology of the Labour party as it struggles with its issues at the moment.

It is very noticeable, as Mayor Andy Burnham said to us last Tuesday in oral evidence, that there is a substantial difference between the Government’s proposed treatment under the Bill of mayoral combined authorities and that of Transport for London. There does not appear to be any rationale for that deliberate divergence—or at least not one that the Government have identified.

As other mayoral combined authorities come online, the Bill provides no formal mechanism for their wishes to be respected. Members of the Committee who were in the oral evidence session will remember that Andy Burnham said he would “insist” on greater authority in that area. The Bill as currently drafted does not provide that avenue for him or for others, so those looking for advancement in the future might like to consider their voting strategy on this clause. After all, page 33 of the Labour manifesto states:

“Mayors will have a role in designing the services in their areas.”

Can the Minister outline the mechanism for existing and future mayoralties to be put on a statutory footing, and for their local transport plans to be given greater consideration from GBR and the ORR?

There is one other question regarding this clause. It relates to subsection (3). What does GBR do if the strategy of a mayoral combined authority or Transport for London conflicts with that of the Secretary of State? How are potential conflicts between strategies resolved, and who will be the arbiter? Will it be the Secretary of State, or will there be an independent structure? With that in mind, the clause should be strengthened to ensure that GBR and the ORR respond more clearly and act under greater requirements.

That is where amendment 26 comes in. It would replace the very weak “must have regard to” with “must seek to achieve”. That change seems small on the face of it, but it would strengthen the requirement on GBR and the ORR to engage and work with mayoral combined authorities, the Welsh and Scottish Governments and the Mayor of London. Will the Minister support this modest proposal to strengthen that relationship?

The clause currently restricts the duty of mayoral combined authorities and the Mayor of London. It is silent on other strategic authorities, yet the same arguments apply to areas that are not yet or will never be mayoral combined authorities when identifying regional needs for current and future transport. We heard that concern eloquently expressed by my hon. Friend the Member for South West Devon. I hope that she will be able to expand some of her thinking on this in a moment. We have heard examples from the west country where local government reform is floundering, as it is around the country, including in Norfolk where I am a Member of Parliament. It is already delayed until 2028. That is perhaps just the first of further delays as well, as this Government lose steam. There is no idea where, when or even if it will go ahead.

There are also many areas that will never have a mayoral combined authority because of the structure of their local government settlement. We do have local transport authorities, though, which are the base level of local government that has responsibility for local transport co-ordination. It seems like a very significant omission that the Bill currently only relates to mayoral combined authorities. That is the lowest level of regional government to which it deigns to provide any form of requirement for co-operation with the ORR and GBR. Why is that? Where there is, for sound local reasons, no mayoral combined authority, why are the Government designing out the ability of local government representatives, the local democrats, to co-operate and co-ordinate with the ORR and—more importantly in this instance—GBR? What happens to their interest? There is simply no explanation as to why these large authorities, which will be the local transport authorities in their own right, have been excluded from consideration. That leads me neatly on to amendment 218, which adds them to the list.

New clause 33 requires the Government, or rather GBR, to set out a long-term rolling stock leasing framework. The clause would require the Secretary of State to publish a long-term rolling stock leasing framework, and require GBR to comply with that framework. It mandates a minimum 15-year lease, save in exceptional circumstances. That is because the longer the lease, the better the value for money for the taxpayer.

Longer leases lead to lower costs, which will lead to more UK investment, more trading and better value for taxpayers, as the industry and supply chain are able to plan ahead and produce effective business plans. There is a consequence to the leasing’s being done by the public sector, rather than the private sector: the Government will have to consider the impact of the cost of leasing on the national debt. That is, after all, the logical consequence of their political decision to nationalise the railways—the operating companies. There is a cost that comes with it, and that is moving from the private sector balance book on to that of the public sector. The Government need to own the financial consequences of their political and ideologically driven decision, and that is one of them.

Rebecca Smith Portrait Rebecca Smith
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Does my hon. Friend agree that one of the positives of new clause 33 and its attempt to rectify things as they stand, is that it is not throwing private investment in our rolling stock out of the window? We have heard in evidence and throughout the Bill process, whether that is in Transport Committee evidence or the Bill Committee, that millions and millions of pounds have been accepted by this Government by the private sector for rolling stock investment. If we are not careful, we will completely dissuade them from being involved. We are already seeing them moving to Europe with that investment instead.

Jerome Mayhew Portrait Jerome Mayhew
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My hon. Friend is absolutely right. New clause 33(3)(a) to (d) is aimed at reducing short-term decisions and focusing more on long-term efficiency and savings. I am sure there are many former business people on the Labour Benches—or maybe not, actually—[Interruption.] I am glad to hear that there are. There are many former business people on these Benches, and all those who have run businesses will know that predictability of the future is one of the key drivers of economic success and of driving down costs. New clause 33 will help to achieve that for the taxpayer.

GBR will also be mandated to produce an annual public report that enables Parliament and the public to properly hold GBR to account. We have heard time and again how light the Bill is on the ability of the public and of Parliament to hold GBR to account; we are the representatives of the people and we are being denied, by design, the opportunity to do that adequately. Yet it will be spending £20 billion-plus each year, about 50% of which, at the current rate, is public money. Why are the Government running scared of public oversight of these operations?

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Jayne Kirkham Portrait Jayne Kirkham (Truro and Falmouth) (Lab/Co-op)
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I have a couple of small points to make. Cornwall has a very well-developed local integrated transport plan and devolution of bus franchising as well. Will the Minister reassure Members representing non-mayoral areas that GBR will have some regard to the solid local plans we already have in place?

The shadow Minister commented on running businesses. In a previous life, I was an equity partner in a law firm. Some of us have done a lot of other things. It might be worth considering how many shadow Ministers now in opposition worked in the public services they ran as well.

Rebecca Smith Portrait Rebecca Smith
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I want to make a few comments in support of the amendments in the name of my hon. Friend the Member for Broadland and Fakenham. He suggested that I might want to make some comments on amendment 218. I acknowledge the comments and the request for clarification and reassurance from the hon. Member for Truro and Falmouth, who, like me, often speaks about issues with railway service in the far south-west. What is going on in Cornwall is good. It is a devolved county that has been given foundation status. Devon has something similar, but Plymouth is not part of that, so the way in which transport strategies are being developed at the moment is further complicated. Local government reorganisation will not solve that problem; it will take further devolution. I believe Devon has been told that it will not be in the next round of opportunities to be a mayoral authority.

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Daniel Francis Portrait Daniel Francis (Bexleyheath and Crayford) (Lab)
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I thank the hon. Member, who is advocating for her constituents. Within London, Transport for London operates at least four lines—the Elizabeth, Central, Lioness and Metropolitan lines—all of which leave the London boundary. They would therefore potentially enter the boundaries of strategic authorities. If the amendment were passed, which would Great British Railways need to have regard to: the mayor’s transport strategy or the strategic authority’s transport strategy?

Rebecca Smith Portrait Rebecca Smith
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I believe that the Mayor of London’s transport strategy is already considered within the wording of the Bill. I did not draft the Bill; it is not my Bill. I am just highlighting those areas. Ultimately, many of those areas may well be further down the road towards becoming mayoral authorities. I am talking about the areas that are not even on that path. We know that certain counties outside London are doing so, but ultimately the point the hon. Gentleman is making is a valid one. However, I do not believe that it means we should not have the amendment that we are putting forward, because it would give strategic authorities the ability to communicate with the Mayor of London and with GBR. That is an additional layer of engagement and ensuring that those voices are heard. I do not see how that would be contrary to what is going on in London.

I will briefly speak to the new clauses and then bring my comments to a close. It is worth looking at the rolling stock leasing framework, and I was interested in the comments made by the hon. Member for Didcot and Wantage about pursuing a leasing framework. At the end of the day, let us be real: the Government and the country at this point in time are not in a position simply to buy new rolling stock just because GBR comes into ownership. Forgive me if I am wrong—I am not an expert on this—but ultimately there will be some requirement to continue leasing. As much as it would be great to have brand-new trains that all look identical and all do the same thing, realistically we are just not in that position.

That leads me to one point that has come up in some of the evidence sessions I have sat in, which is accessibility. I know that a lot is being done to ensure that accessibility is central to the Bill and that people who need access to trains are considered. The hon. Member for Hyndburn raised this issue specifically for those outside the disabled community, including people of particular ages who have mobility needs. We heard from Lord Hendy that it could actually be decades before we see an improvement to accessibility because of the rolling stock. I believe that the amendments tabled by my hon. Friend the Member for Broadland and Fakenham would give due regard to putting some system in place to ensure that that those accessibility improvements are looked at strategically and on a rolling basis—so to speak. I believe that the amendments add something, given the argument for accessibility.

We have talked a lot about supply chain manufacturing, which amendment 36 is about. I appreciate the comments of the hon. Member for Derby South. Ultimately, we need to ensure that a long-term strategy is in place for our manufacturing sector. I have already mentioned the defence sector; we have a huge requirement for our advanced manufacturing at the moment and we need that certainty. We have seen the role that private sector investment plays in the development of rolling stock. That is not to say that the private sector is better than the public sector—I happen to believe that they are both important in the right proportions—but we have had so much investment from the private sector while the railway has been privatised. To just walk away from that on an ideological basis does not seem right.

Laurence Turner Portrait Laurence Turner
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Will the hon. Member give way?

Rebecca Smith Portrait Rebecca Smith
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Bear with me one second. Ensuring that manufacturing process in the long term will be important. I will give way to the hon. Member, who is much more learned on this matter than me.

Laurence Turner Portrait Laurence Turner
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Much of the investment that has been channelled through the private sector since privatisation has in fact been underwritten by the state, and by Government guarantees. I will not put her on the spot to list specific examples but it would be helpful if Opposition Members could give examples of an at-risk capital investment that would actually be endangered by this Bill. I do not believe that such examples exist.

Rebecca Smith Portrait Rebecca Smith
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The Committee heard from some representatives of the private sector. Lord Hendy has also highlighted that Hitachi—I believe it was—has made multi-million-pound investments that the Government were very happy to accept. It may well be that that is backed up by Government, but that was welcomed by the Prime Minister, so to say that we do not want private investment seems a bit churlish—ultimately, it has been accepted by the Government in its entirety.

The new clauses in this group are pushing the accountability piece: the reporting back, to make sure that the Great British public has the opportunity to see what Great British Railways is delivering and whether it is holding itself to account in the right way. I do not understand why the Government do not seem to think that the new clauses are a good idea. If Great British Railways will be so wonderful, would it not be great if the British people can see what it actually achieves and hold it to account? Marking one’s own homework is never good, and being able to hold GBR to account in all its forms will be essential.

Sarah Smith Portrait Sarah Smith (Hyndburn) (Lab)
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It is a pleasure to serve under your chairship, Mr Western. My remarks will be incredibly brief, ahead of the Minister’s responses. To echo some of what my hon. Friend the Member for Truro and Falmouth said, as a representative of Hyndburn in Lancashire—which is currently not part of a mayoral combined authority—I look for reassurances that GBR will have regard to Lancashire’s transport authority and the local transport plans. This Government are clearly committed to the important agenda of devolution, but it would potentially undermine some of those efforts if in the transition phase—while we are trying to move as quickly as possible for as many areas as possible to benefit from that full devolution opportunity—a national body is undermining the local plans and those on the ground who understand the complexities of the needs of somewhere such as Lancashire. I would thank the Minister for reassurances in that regard.

Keir Mather Portrait Keir Mather
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I thank hon. Members from all parties for their well-considered contributions to this debate. I shall endeavour to give full answers to them.

First, on the point made by the shadow Minister about how GBR will handle conflicting priorities that emerge within different strategies, as laid out by mayoral combined authorities or otherwise. As part of the business planning process, GBR will need to demonstrate how its integrated business plan aligns with the objectives contained in the long-term rail strategy and the Scottish Ministers’ rail strategy, reflecting the role that they have as funders of the network. The Bill also requires GBR to have regard to the various other national and local strategies. Fundamentally, however, establishing no hierarchy between the general duties to which GBR is subject, in my view gives the necessary flexibility to allow it to manage competing priorities where those may arise. It will be the responsibility of GBR to ensure that its decision making demonstrates consideration of potentially competing requirements and strikes an appropriate balance in making trade-offs.

On the statutory role of mayors as part of the process, GBR must have regard to their transport strategies. Mayors of course will have the right to request services and work in active partnerships with GBR. However, I also hear clearly the concerns of not only the hon. Member for South West Devon, but my hon. Friends the Members for Truro and Falmouth, and for Hyndburn about those who do not live in mayoral strategic authorities. I appreciate the hon. Lady’s scepticism when comparing this to our existing system. When it comes to engaging with private operators and with other arm’s length bodies, at the moment it feels as if parliamentary accountability cannot always be applied, and that where power resides is very diffuse, making it hard to tell who is responsible. We are actively trying to avoid and redesign that through the creation of GBR.

The hon. Member for South West Devon points to the fact that the business units might not have the teeth to engage properly and to reflect the needs of local areas, but I would say that we are creating a decentralised Great British Railways, where local areas are imbued with the powers to enter into dialogue with local authorities especially to avoid that being the case. That does not change the fact that the reason that within the Bill we have referenced mayoral strategic authorities is that we believe they are the right unit of economic and of demographic power to drive forward truly devolved change on the railway. That does not mean that we cannot not have regard to those who do not benefit from living within a mayoral strategic authority.

Rebecca Smith Portrait Rebecca Smith
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Will the Minister give way?

Keir Mather Portrait Keir Mather
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I will give way briefly in a moment, but first I will build on the point that was made by my hon. Friend the Member for Bexleyheath and Crayford about how services can run across the boundaries of mayoral strategic authorities. Through GBR, we will be able to enter into processes that engage not only with a mayoral strategic authority, but with such authorities acting in a sense as a representative of pressures that exist in cross-border dynamics that may arise. That offers another useful lens through which to engage with local areas that do not have a mayor. I appreciate that the hon. Lady might want a little more reassurance, so I will give way.

Rebecca Smith Portrait Rebecca Smith
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On those local business units, how large an area are they likely to be structured on? That has not been in the debate to this point, and may reassure me. I appreciate that that may be a detail that is coming later, but some indication of how many counties might be included within each business unit would help.

Keir Mather Portrait Keir Mather
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The hon. Lady must have read my mind about that detail being forthcoming. If she will allow me to take away that specific point over the break that we are about to have, I might be able to come back to her when we resume the debate.

For the moment, I will quickly turn specifically to the amendments in the group. The lead amendment would require GBR and the ORR to “seek to achieve” the long-term rail strategy and devolved strategies, rather than to “have regard to” them. The existing wording deliberately reflects the nature of those strategies within the system. The LTRS will take a 30-year perspective and set strategic objectives, rather than define a narrow set of deliverables.

We of course want GBR and the ORR to have regard to the strategies in all decision making, but they must also have the flexibility to balance long-term objectives with the practical business planning processes that operate over fixed periods. To legislate that such a vision should be achieved would not be in line with that principle, or with the overall approach to the general duties that set the conditions for successful decision making, but do not dictate specific outcomes. As I have reminded hon. Members, GBR, not the Government, will be running the railway.

New clause 37 also relates to GBR’s delivery and looks to establish a statutory annual reporting framework. The Bill already provides robust reporting and accountability arrangements. GBR is required to produce an integrated business plan for each funding period, which must be published and kept up to date, and that will give Parliament and stakeholders a clear view of GBR’s objectives, activities and expected outcomes. A separate statutory annual delivery report would in essence duplicate that information. Furthermore, the ORR will have a role in monitoring GBR’s performance against its business plan and will provide independent advice to the Secretary of State. Such oversight ensures that GBR can be held to account without the need for an additional statutory reporting requirement.

New clauses 33 and 36 relate to GBR’s long-term approach to securing rolling stock. The former calls for the Secretary of State to publish a long-term rolling stock leasing framework and sets out a substantial amount of detail on what that should include. Within that detail, there are certainly points on which we can agree, including the benefits of longer leases and the proper consideration of whole-life asset costs, both of which have been made more challenging to achieve under the franchising model. However, I profoundly disagree that the Secretary of State should dictate the detailed approach that GBR should take to rolling stock leasing, and with the specific terms set out in the new clause. It is rightly for experienced industry professionals within GBR, guided by the Secretary of State’s long-term rail strategy, to secure the best value and achieve GBR’s other objectives through commercial arrangements with the rolling stock leasing market. It should not be for the Government to dictate the detail of those arrangements.

On new clause 36, I of course agree that GBR should have a long-term rolling stock and infrastructure strategy, which is why we are already working with parties across the industry to develop one. The strategy will be published this summer, and will remain a live document. GBR will inherit and implement it as soon as it is established. The new clause is therefore unnecessary, as by the time it would take effect, GBR will already be up and running with a long-term rolling stock strategy.

Amendment 218 would require GBR to have regard to the transport strategies of single strategic authorities. We are of course supportive of a more locally focused railway under GBR. The provisions in the Bill are pitched at mayoral strategic authority level, reflecting their growth across England, the vital role that mayors play in convening local partners and the scale and capability required to integrate rail into the wider public transport network. Nevertheless, all tiers of local government will benefit from empowered local GBR business units that are outward facing and actively engage local authorities on their priorities and local transport plans. That engagement will ensure there is sufficient opportunity for local authorities outside the mayoral strategic authority areas to collaborate with GBR on their priories and to consider proposals. I hope the hon. Member for Broadland and Fakenham therefore feels comfortable withdrawing the amendments.

Clause 16 places duties on GBR to have regard to the long-term rail strategy, devolved transport strategies and local transport plans. Overall, it seeks to ensure that strategic decisions on matters such as future services and infrastructure plans appropriately reflect national, devolved and local priorities. I commend the clause to the Committee.

Railways Bill (Sixth sitting)

Rebecca Smith Excerpts
Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

I agreed with the hon. Gentleman until that last sentence, because new clause 40, which I will come to in a moment, would require not the removal of subsidy but looking towards it—it is aspirational. It would set GBR’s sights on minimising its costs to the taxpayer, not through penny pinching if that would be the wrong decision, but through growth in its revenue by becoming efficient and doing more for less. Those are all good incentives that a private business inevitably has because of the challenge of competition.

New clause 39 would require Great British Railways to focus on other opportunities for funding and on minimising operational costs, just like any other business. The areas of focus under subsection (7) are the revenue opportunities.

New clause 40, on non-reliance on taxpayer funding, would make the direction of travel for GBR clearer. It may be—in fact it is almost certain—that it will never achieve it, but it is a noble objective. It should be clear that GBR should aspire to reduce the need for the taxpayer to support the rail sector by making it as efficient and attractive to passengers as possible, thereby attracting more passengers and freight on to the railways. That would create a virtuous circle, rather than the opposite. We should start thinking about that, which is what new clause 40 is intended to achieve.

New clause 41, also tabled in my name, would require Great British Railways to publish an annual statement of its financial performance. The new clause builds on the theme, forcing Great British Railways to focus on its financial performance and reduce its reliance on the taxpayer. It may be the skimmed-milk version of new clause 40 that the hon. Member for Birmingham Northfield might find more palatable.

It is important that we do everything we can to design into a nationalised structure, where there is no competitive tension, incentives for GBR naturally to seek to achieve efficiency and productivity enhancements. There is a very real need for that, because the taxpayer’s pound can only be spent once, and funds are needed in many areas of Government. Apart from anything else, we need to reduce the tax burden, which this Government have raised to the highest on record, so anything we can do to build a structure that incentivises GBR to reduce its dependence on the taxpayer is a good thing. It also forces public accountability.

Finally, new clause 44 would require the Secretary of State to give GBR an annual savings target. Taking all the new clauses together, the intention is to allow GBR to focus on providing genuine value for money for the taxpayer, not just in abstract terms, and to cut away some of the existing inefficiencies in the infrastructure commissioning and decommissioning process, to provide a longer period of certainty for the supply chain so that it can pass on the resultant efficiencies to the taxpayer. That money can be either reinvested in accelerated infrastructure roll-out, rather like the ability of ScotRail electrification to do more for less, or—heaven forbid—used to produce tax cuts for the hard-pressed taxpayer. I hope the Minister will be bowled over by those suggestions, and look forward to hearing his response.

Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
- Hansard - -

It is an honour to speak with you in the Chair, Mr Western. I will touch on three of the new clauses—one at greater length than the others—to follow up on the words of my hon. Friend.

For me, new clause 39 highlights something that is clearly missing from the Bill: what actually happens when these currently franchised, privately run rail services come into public ownership across the board. Over many years, unions have fought hard for terms and conditions for staff and railway companies, but these are not uniform across the board. There is a huge differential in the terms and conditions that staff are subject to.

I pay huge tribute to the men and women who work on the railway; they are a brilliant group of people. I am obviously on a train every week, coming up and down from my constituency. However, it is really important that we have this conversation about what the Bill will actually mean. As my hon. Friend pointed out, value for money is mentioned only once in the Bill. We are, in effect, writing a blank check for GBR to spend whatever it wants on bringing all these staff into its employment.

We were told very clearly when the Committee began that this is not a civil service; it is the public sector, so there is a difference there, but it is effectively a private body as well. I would be interested to hear the Minister’s comments about how staff are being brought across—obviously some franchises have been brought into Government control already—and about the Department’s plans going forward, because time and again, we see pay going up for public sector workers without that necessarily reflecting any changes in performance.

Laurence Turner Portrait Laurence Turner
- Hansard - - - Excerpts

The 1992 White Paper that preceded the Railways Act 1993 said that, at the time, British Rail had the second highest workforce productivity of any railway in Europe. What does the hon. Member think went wrong in all the years under privatisation that followed?

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

That is a very long time ago. Under privatisation, the unions have done a very good job. In my constituency in the south-west, there are no seven-day contracts, for example. If I want to get a train up from my constituency on a Sunday, those trains are cancelled quite regularly, because the service relies on the good will of the staff to do overtime to make the train even come up to London.

Whatever we do, we need to look carefully at the terms and conditions that will be brought forward into this new public body. Up to this point, it has been down to each individual company to negotiate. That has been done with highly professional and competent union representatives, but we are not on a level playing field at the moment. As a member of the public, I want to be sure that those public sector staff are not receiving undue recompense for what they are doing, which would not be in accordance with other public sector bodies.

Private companies have been expected to give their staff a huge amount of benefits—quite rightly; that is their choice as private companies. If the staff become public sector, things like free rail travel need to be on the table. We must at least acknowledge those issues and make a decision to continue them, rather than assuming it is a given, which is down to unions to negotiate.

There is no conversation in the Bill about that TUPE-ing across of staff members. Value for money is really important. We do not want inequality being built into our public sector workforces simply because we are renationalising something.

Subsection (7) of new clause 39 provides that we should be showing where revenue comes from. That is absolutely justifiable. The private companies that will continue to operate in the railway system will have all that information available to their shareholders—to the people they are reporting to. If Great British Railways does not show that information, there is, again, no opportunity for scrutiny. If commercial retail income is flopping because GBR is not doing a very good job, we have no way to hold it to account for that. I do not see why it should be frightened to share that revenue information. It should instead see this as an opportunity to show good practice and how things could potentially progress under GBR.

I have one more point, which came up right at the end of the Select Committee hearing—I managed a question to the Minister, Lord Hendy, but have not seen a response. There is a huge amount of land and value that belongs to these railway stations, currently run by private companies, in some cases, including for things such as parking. What happens with all that income and all the opportunities for Great British Railways to potentially make some money? How will we know about that money and where it is coming from? New clause 39 seeks to bring that information to the fore and ensure that it is transparent and in the public domain.

Turning to new clause 40—this might be something of a segue, but I am going take the opportunity to put it on the record anyway—there is something about the aspiration to move from heavy taxpayer-funded reliance that speaks to the devolution conversation that we have been having. We have had multiple conversations, and I am sure we will have more, but ultimately GBR is being set up to give more powers to certain local authorities and local areas if they wish it, which is great—we want those communities to be able to control more of what happens. However, as we have been discussing, we are effectively developing a two-tier system, whereby anyone who is not in a mayoral authority will effectively be paying into the railway company and GBR, but not necessarily getting the levers to effect change locally. The Minister has reassured me that that will be done through business units and so on, but given that we do not know the scale of those business units or which regions and communities they represent, it is important that we know how that taxpayer money is to be used for funding across the country.

There has been a huge amount of storm damage in the south-west this weekend. Where will the funding come from under the new GBR? The south-west is not a mayoral strategic authority. Will we get our fair share of funding through the set-up for GBR? New clause 40 sets out the aspiration to move away from taxpayer funding and would surely create a more equitable system for the future.

Finally, new clause 44 would introduce a savings target. My hon. Friend the Member for Broadland and Fakenham has been alluding to the point about the costs we currently see in the system, particularly around infrastructure. That has certainly come up in the Transport Committee, in terms of how much it costs to build a bridge or a new station and the lack of competition and challenge. The new clause would create an opportunity to ensure that we pay as little as possible for the best outcomes. We have had lots of evidence in the past few months to show that other parts of the world can produce the station infrastructure that we need for a lot less than we are paying for it. I believe that is down to how the system currently works, and new clause 44 would force us to look at how it could work under GBR.

Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

I thank Members for tabling amendments on GBR’s funding and financial framework. In this chunky group of important amendments and new clauses, I first turn to new clause 26, tabled by the hon. Member for Didcot and Wantage, which would require the Secretary of State for Transport to publish a mid-funding period review of GBR’s funding, and new clause 41 from the shadow Minister, which seeks to create a GBR annual statement of financial performance.

In my view, the Bill already creates sufficient transparency about how GBR is funded. Further process could constitute unnecessary bureaucracy. Under paragraph 7(2) of schedule 2, the Secretary of State is already required to publish details of the financial assistance given to GBR using the funding period review funding power. Under paragraph 5 of schedule 2, GBR must publish its business plan and keep it up to date throughout the five-year period. Between those two commitments, the Transport Committee of the House of Commons will already have key information about how much funding the Secretary of State is providing to GBR, and the details on GBR’s business plan to understand what GBR is doing with its money. It would be unnecessary and inefficient to conduct an extra review.

New clause 34 would require the Secretary of State to set funding two years in advance of the funding period. First, I believe that it is misplaced to require that funding be committed two years in advance. There will inevitably be changes to economic circumstances over a five-year period, and new projects will surface. That was well acknowledged by all the witnesses at the oral evidence sessions, including those representing the railways supply chain. If there is no practical discretion, a settlement agreed two years in advance will be redundant before it even starts.

I can also assure the hon. Member for Broadland and Fakenham that the Bill already accounts for the need to provide the railways with certainty, and ensures that the funding process completes before the start of the next five-year funding period. The ORR, which will run the process, intends to set deadlines so that funding is committed in time for the industry to prepare. Secondly as with new clause 26, new clause 34 seeks to introduce additional reporting requirements that are unnecessary, given the transparency requirements already provided for in the Bill.

I now turn to new clauses 39 and 40. New clause 39 would create a duty for GBR to achieve value for money and long-term fiscal sustainability. New clause 40 would require GBR to develop a transition plan toward ending any reliance on taxpayer funding within its first operational funding period. I agree with the hon. Member for Broadland and Fakenham that GBR must deliver as efficiently as it can, ensuring good value for money and reducing costs to the taxpayer, and I assure him that the Bill is already very specific about GBR’s achieving value for money. Clause 18(2)(f) includes a specific legal duty on GBR and the Secretary of State to take into account

“the costs that will need to be met from public funds and the need to make efficient use of those funds”.

The ORR must also provide advice to the Secretary of State on whether GBR’s estimated costs in GBR’s draft business plan represent good value for money, with a requirement to publish a summary of that advice as part of the funding process. That is before the Secretary of State signs off on the business plan. Therefore, the hon. Member’s intent is already achieved by the Bill, and the amendment would only create extra bureaucracy and inflexibility without adding to transparency or financial sustainability.

A statutory transition plan to eliminate taxpayer funding would be unrealistic, and would undermine the railway’s ability to achieve its social goals. The reality is that taxpayer subsidy will always be needed for some parts of the railway. For example, while we aim to have the most profitable and efficient network possible, there will always be some lower-population regions of the UK in which rail travel will not make a profit and will need taxpayer subsidy. Clearly, it would not be appropriate for the Government to withdraw funding and neglect connectivity in those important rural regions, whether that be in Devon, Dorset or elsewhere—constituencies represented by Members across the Committee. Rapidly forcing GBR to operate without public support would be devastating for the economy and for the mobility of the public, not to mention reducing efficiency and the long-term capacity of the network.

Finally, new clause 44 would require the Secretary of State to set and publish an annual savings target for GBR. Introducing a statutory savings target risks creating a rigid measure that might not reflect the operational realities of the railway. Efficiency is already embedded in the Bill’s framework and will be a key consideration when GBR publishes its business plan and sets out how to meet its objectives, including on efficiency. Statutory targets are therefore not required to drive performance.

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Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

I respectfully disagree with the shadow Minister’s interpretation. This is about how GBR discharges those legally binding duties, and whether we should be overly prescriptive about the means by which it does so. It is important to have flexibility. Given the amount of technological change that we have seen in railway processes over recent decades, as well as socioeconomic factors and the need for GBR to balance those duties, we cannot be overly prescriptive about how we ask it to meet them—apart from the fact that it is legally required to do so.

I assure the hon. Member that GBR’s business plan will have not just a robust but a comprehensive set of KPIs against which it will be held to account. Progress against them will be tracked, and GBR will publish updates in line with the requirements in the Bill. The ORR will also monitor GBR and its business plan, and provide advice to the Secretary of State.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

I am thinking through the schedule. Forgive me if I am wrong, but ultimately, it is GBR’s business plan. Effectively though, there are going to be wheels within wheels, in terms of each of the business sectors, the different mayoralties, and the operators that are doing different things in different countries. To me, it feels overly simplistic: we have got one plan, which is the plan for the funding of the entirety of GBR, but if there are no KPIs at all, how are we supposed to even compare parts of the country against each other? Surely there will be different funding streams and business cases for different things. To me, it just feels like one overarching plan. How on earth are we supposed to hold the Government to account for delivering that, let alone ensuring parity and equality across the country, and making sure that funding is going into the right places, where it is most needed?

Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

That is a very important point. While the hon. Member points to a system that is simple in the objectives that it sets out for the railway overall, I see one that provides sufficient breadth to allow the organisation to develop over time and offer a system of operation that is closer to the communities it seeks to represent—and which, most importantly, is agile in adapting to changing socioeconomic circumstances and technological innovation.

The need for objectives that are not overly prescriptive, and the place for KPIs being in the business plan, allows a holistic approach to setting objectives for the railway, which can guide work overall for a national organisation, offering a single uniting mind, while at the same time not fettering GBR’s ability to evolve as an organisation in future.

In that sense, I believe we desire the same outcome: to make sure that the railway operates in the most effective way possible. In the light of the measures in the Bill that I have outlined, I hope that the hon. Member for Broadland and Fakenham will withdraw the amendment.

Amendment 125 would require GBR to include in its business plan information about how it will minimise costs to the taxpayer, while amendment 127 would require the ORR to advise the Secretary of State on this. I agree that it is important for GBR to deliver in the most efficient way that it can. That is why GBR, the ORR and the Secretary of State—all the people involved in the railway, and in the business plan—are all subject to a cost and efficiency duty, which is applied by clause 18. That will ensure that GBR aims to be cost-efficient at all times, which aligns with the intent of amendment 125.

Adding additional requirements for GBR in this space could create perverse incentives. For example, a focus on minimising costs, without other checks and balances, could drive GBR to cancel unprofitable lines even if they are important to local communities because doing so will save money. Clearly, it would not be appropriate for GBR to neglect connectivity in those important rural regions. GBR will also be robustly scrutinised from a value-for-money perspective by the ORR, and the Secretary of State will need to consider the ORR’s advice before approving GBR’s business plan. I hope that is enough to assure the hon. Member for Broadland and Fakenham that the Bill can deliver the outcome he seeks without amendment, while allowing GBR the autonomy necessary to plan in the way it sees as most appropriate.

Finally, amendment 128 seeks to limit the information that GBR could redact from its approved business plan. I agree that GBR’s activity must be transparent, and that will be an important part of how we hold GBR to account. That is why the Bill already requires GBR to publish its business plans. The Bill provides for slightly more discretion for GBR to redact sections of the business plan than amendment 128 proposes. That is because it is important that all types of sensitive data, not just the commercially sensitive, are able to be protected. Personal data, security-sensitive information about stations or anything legally privileged are all examples of content that may need redaction from the final plan. A flexible requirement can be better used to navigate these nuances. However, let me be clear that GBR’s public law duties and wider accountabilities framework will ensure that GBR will not be able to hide information that is important and relevant to public scrutiny.

In the light of these considerations, I ask the hon. Member not to press the amendments.

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Rail Forum is right, is it not?
Rebecca Smith Portrait Rebecca Smith
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I want to briefly speak to the proposed new subsection added by amendment 23, which would offer anybody given conditions by GBR the opportunity to appeal that decision to the Office of Rail and Road. The issue of accountability and the unequal playing field faced by those on the outside compared with those on the inside came up in the Transport Committee’s evidence sessions and last week. Having heard a lot of that evidence, the amendment appeals to what I think is the right way to do things. We must ensure that organisations engaging with the railway, or offering services to the railway—even if they are being paid separately for them—have the opportunity to appeal a decision that affects or impacts them. I feel that not having such an opportunity is particularly onerous. I support amendment 23 and concur with everything that the shadow Minister has said.

Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

I thank the shadow Minister for tabling amendments 22 and 23 and the hon. Member for South West Devon for speaking in their support. Amendment 22 seeks to require GBR to set reasonable charges for the delivery of its functions, and amendment 23 seeks to require the ORR to provide an appeals role for anyone who considers the charges set by GBR to be unfair.

On amendment 22, we clearly agree that GBR must act reasonably when setting charges and there is no suggestion that it will not do so. In fact, safeguards to ensure that GBR cannot levy unreasonable charges already exist in the Bill. Clause 18 requires GBR to act in the public interest and to ensure that railway service providers, such as devolved operators, freight operators and open access operators, can plan, invest and make decisions about their own businesses. When setting charges, GBR must therefore do so in a manner consistent with those duties, and it must not set charges that undermine operators’ ability to run viable and successful businesses.

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Olly Glover Portrait Olly Glover
- Hansard - - - Excerpts

We have reached a rather long group of amendments at this point in the afternoon. I would generally have liked to have used that as an opportunity to be concise. However—[Laughter.] No, no, the substance is too severe for that to be the case.

Let me start off on a positive note: this rail strategy is perhaps the strongest element of the Bill. It is absolutely what our railways need to hopefully get us out of the endless cycle of decision, indecision, dither and delay: “Yes, we’re doing it,” then, “No, we’re not,” or committing to things that are undeliverable before they have been properly planned, thought through, funded and so on.

In this part of the Bill, we even have the potential to put ourselves on as glorious a footing as Switzerland and its approach to its rail network. Somehow, I have managed to avoid talking about Switzerland so far in this Bill Committee—

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

No you haven’t!

Olly Glover Portrait Olly Glover
- Hansard - - - Excerpts

Oh right—okay. I seemingly stand corrected. Well, there we go; this probably will not be the last mention either.

It is good that an element of the Bill enables us to have some hope of reaching the glory of the marvellous rail network in Switzerland, which genuinely merits admiration. We so often assume, lazily, that railways in Europe are better than those here. Some of them are in some respects; others are not. However, Switzerland’s railway is pretty much better than ours all over.

I turn to our amendments. Generally speaking, the intention behind them is either to strengthen or enhance what is already in clause 15 regarding the rail strategy. New clause 2 proposes to expand the number of factors that should be considered in developing the strategy, to ensure that critical elements that have not necessarily been well-planned or managed on our network hitherto are better stewarded in the future.

I turn first to amendment 134. It would very simply put what is currently in an accompanying piece of commentary on the Bill into the Bill itself, including the clarification that by “long-term” we mean “30 years”. The problem is that at the moment “long-term” can mean many things to many people, depending on their own particular agenda. We could include in clause 15 the words “for the next 30 years”. That would make it very clear what the rail strategy was focused on, but would not preclude its being changed in the future. That is important, because any strategy should be regularly reviewed and refreshed in the light of changing circumstances. However, the amendment would enshrine the idea that the strategy is intended to get GBR to engage in long-term thinking in its future planning of our network.

Amendment 137 would add a couple of elements to clause 15. First, it would ensure that the long-term rail strategy considered the support that rural communities need to access rail travel and the need for

“co-operation with relevant local and regional transport authorities”

and GBR. That is so we can have a real focus on

“greater integration between trains, buses, trams, cycling, walking and other active travel options.”

I hope that is welcomed by the Government, given their own commitment to introduce an integrated transport strategy at some point in the future.

Amendment 207 intends to ensure that the rail strategy considers the rail network as a whole and the relationship between the integrated timetables that we need to move to and the infrastructure enhancements necessary to enable those timetables. Let me explain that a little further. The historic focus of development on our rail network has been, with some exceptions, an obsession with reducing journey times to and from London on major inter-city routes. In and of itself, that is not a flawed goal. However, tens of millions of pounds will often be spent on cutting a couple of minutes from journey times.

A particular example of that was removing an avoiding line at Stoke-on-Trent as part of the modernisation of the west coast route. It was for the 7 am Manchester to London inter-city train, which has been the subject of so much controversy recently in relation to ORR decisions. That passing loop was taken out just to save 30 seconds from the journey time for one train a day, which does not even stop at Stoke-on-Trent. That shows the extent of the obsession with reducing journey times to London, which I have just alluded to.

What there has not been is an accompanying focus on trying to improve connection times between trains at Birmingham New Street, for example, or at Manchester Piccadilly or in Leeds. That is important, because there is very little point in cutting some time off inter-city routes if that time saving is negated by having a longer connection and waiting time at a regional hub. What puts a lot of people off using trains is the lack of decent connections and having to wait for their next train at stations that might not have particularly amenable environments.

By contrast, that is what has been done so well in Switzerland. It began in 1987, when a national referendum approved what was a 20-plus-year plan, to upgrade the country’s rail network around connections. That led to a nationwide investment in infrastructure improvements designed to enable a nationwide inter-city timetable, so that at all the key hubs—such as Zurich, Berne or Basel—trains would arrive within a 10 or 15-minute window and passengers could easily change from inter-city train to inter-city train, or from a local train to an inter-city train. Such integration is not just limited to the rail network; it is applies to other public transport. Anybody who has travelled extensively in Switzerland by public transport knows that the same level of timetable integration exists for buses, cable cars, mountain railways and so on.

Amendment 207 would create the framework for that kind of thinking: we would have to think hard, in the long-term strategy, about what sort of timetabling we want to see on our network in the future and what infrastructure enhancements are needed to get end-to-end journey times down.

Our amendment 135 would ensure that the rail strategy considers international rail. For the purposes of the Bill, that is not the Dublin to Belfast Enterprise service, which is of course the subject of entirely different legislation—a very good train it is, too, and not just because it is named after that series of wonderful flagships from “Star Trek”—but international rail through the channel tunnel. The amendment would simply require that the rail strategy includes an international rail strategy to support the development of international routes and consider some of the key challenges in increasing capacity, particularly rail depot capacity, to the channel tunnel and beyond, as well as options for upgrading the existing rail network so that we can get far more rail freight directly through the channel tunnel, which is currently not possible because of limited gauge clearance on the existing network.

Our amendment 136 would require the rail strategy to include a network electrification strategy, which another amendment alluded to. Something that has so far been absent from this Government’s thinking, as it was from that of most previous ones, is clear criteria for electrification, of whatever type—including the current fetish for discontinuous electrification with batteries. The amendment would create a framework for us to be very clear about the criteria that will be used for each electrification type, including maximum operating speeds, which lend themselves far more to full electrification than to batteries, the intensity of traffic, whether there is freight, and so on. It is a very strategic amendment that would help to focus the output of the long-term strategy on things that need to be addressed.

I have a bit more to say; I am attempting to be concise, Mr Western, and I thank you for your forbearance, as I thank the rest of the Committee for theirs. Amendment 213 would require the Secretary of State to update Parliament annually on progress on the rail strategy. This is not intended to hamper the strategy or bog it down in bureaucracy; it would merely involve updating Parliament, from time to time, on the development and delivery of the rail strategy. The key purpose is to ensure that the Transport Committee can carry on the great review and scrutiny that it does of so many things—that is not a comment on my contribution, but on that of all Transport Committee members, past and present.

New clause 27 would require the strategy to incorporate a national rolling stock strategy. I understand from remarks made by the Minister and by the noble Lord Hendy in the other place that that is very much the intention anyway. Perhaps we will have another of those debates where they say that that is the intention anyway but for some reason we cannot possibly put it in the Bill. Nevertheless, I will press the new clause, because it is so important.

New clause 28 would require GBR to set out a cyber-security and technology strategy. Technology is changing all the time, and the railway has not always been the fastest at embracing it. There is a particular issue with cyber-security. A couple of months ago, I attended a forum in Parliament, which was well attended by representatives from the rail industry. There are real issues about how software on rolling stock is kept up to date, and the funding for that. The new clause is intended to ensure that proper thought is put into a framework for cyber-security.

New clause 29 would require GBR to publish a report on demand for railway services on Sundays and the current arrangements for staffing of the railway on Sundays, which in my opinion and that of many of my constituents simply does not align with the 21st century nature of the Sunday economy.

Finally, new clause 54 would require GBR, within 12 months of the passing of the Act and every subsequent 12 months, to publish a national signalling strategy. The reason this is so important is that we have been slow to embrace digital signalling and the European train control system in this country. That is starting to improve, with ETCS currently being introduced to the southernmost 100 miles of the east coast main line, but those in the industry are clear that the current fragmented structure makes it hard to introduce ETCS and digital signalling, because open access operators, particularly freight operators, are not necessarily incentivised to align their driver training and locomotive upgrades with the plans to introduce digital signalling.

Railways Bill (Fifth sitting)

Rebecca Smith Excerpts
Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
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I do not want to stop my hon. Friend’s flow, as I believe he is probably coming to the end of his remarks. On listening to his eloquent speech, it strikes me that these amendments point directly to the fact that if Parliament had more of a role under the Bill, we would not even get to such places. Ultimately, if there is scrutiny throughout the process and an ability for Parliament, once GBR exists, to hold the Secretary of State and GBR to account, we should avoid the need for a civil proceeding, because a lot of the issues could be nipped in the bud before getting to that stage.

Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

My hon. Friend is entirely right. That will be a theme of our comments on and challenges to the Bill throughout the progress of our scrutiny: accountability without responsibility is no accountability at all. Time and again, we see an unwillingness from those who drafted the Bill to trust the role of parliamentarians as scrutineers.

As a former businessman, I know—I have not made this one up; it is not unique thinking—that, in any organisation, you get what you measure. That will have been the case in any organisation that hon. and right hon. Members may have worked in in the private or public sector: the NHS has targets because it gets what it measures. At the moment, the Bill measures very little on GBR’s performance, and where it does, that disappears off to the Department for Transport and is reported to other civil servants.

As parliamentarians, we know our value in holding not only GBR to account but the Government of the day, which will not always be a Labour one. That is our important role, which is done through the Select Committee process and more widely. As parliamentarians, we should seek to improve the Bill. I recognise that we will have a number of Divisions during this process and I am unlikely to win a single one, but I urge the Government to listen—perhaps to the private comments of its own Committee members; they do not have to tell me about it—because these are genuine areas of improvement that we as parliamentarians should be encouraging the Government to add to the Bill. On that note, I will stop.

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Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

I defer to my hon. Friend’s expertise on that particular matter, but my overall point is that, rather than create events in our heads about when this enforcement power may be required, it is important that we give GBR, and the Secretary of State in exercising accountability in relation to it, a full suite of measures to ensure that it remains compliant with the law. Actually, specific duties outlined in the Bill encourage GBR not only to be compliant with the law but to deliver for passengers, including those with disabilities, and to make sure that we have a long-term infrastructure strategy for the railway and unify it in a way that serves the interests of passengers.

Amendment 16 would require the publication of the assumptions, criteria and objectives used when giving directions about fares. The Government have been clear that GBR will have a greater level of autonomy and flexibility over fare setting than train operating companies do today; however, given the need to balance passenger and taxpayer contributions to funding the railway, that freedom will be within strategic parameters and guardrails set by the Secretary of State.

While it is possible that the directions power could be used to set strategic parameters and guardrails for fares, there are alternative routes, most notably the ability for public service contracts awarded to GBR to contain fare parameters and guardrails. Nevertheless, it is crucial that the Secretary of State retains the powers to direct and give guidance to GBR on fares. It is necessary that the Government and GBR alike can respond to exceptional circumstances. Beyond that, the Government are committed to interacting with GBR clearly and transparently, and the refreshed role of the Secretary of State on fares is no exception.

Finally, I turn to two additional amendments, which relate not to directions but generally to the accountability of GBR. Amendment 24 would require the long-term rail strategy to be geared towards enabling GBR to meet the key performance indicators set out in new clause 2, tabled by the hon. Member for Broadland and Fakenham. New clause 4 would allow the Secretary of State to dismiss the head of GBR were it not meeting the key performance indicators proposed in new clause 2. We have already discussed new clause 2, so I will not repeat my arguments, but in relation to amendment 24, the long-term rail strategy is clearly meant to be just that—long term. The amendment would make the strategy a document focused on short to medium-term performance indicators, which could change much more frequently.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

I would argue that my hon. Friend the Member for Broadland and Fakenham has tabled a key amendment, which relates to something that came up in the scrutiny of the Bill in the Transport Committee; indeed, I asked a question of the noble Lord Hendy about it when I quizzed him on how we as MPs are supposed to hold the Government to account for the delivery of the long-term rail strategy. I appreciate that it is long term, but we have to get from the short term to the long term, and if nothing is set out in the Bill about what delivery is supposed to look like on the route to the long-term delivery, we effectively cannot do our job. The Minister in the other place rightly said, “It’s going to be an amazing railway system. It’s going to be perfect,” but he could not answer me on how we hold people to account on getting from A to B. I would be interested in the Minister’s response to that if he is not prepared to accept amendment 24.

Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

It puzzles me that with all the other transport bodies that have been set up—National Highways is an interesting example—I do not recall a series of concerns having been outlined that one of the most robust systems of parliamentary democracy in the world was in some way, shape or form incapable of—

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Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

I will deal briefly with amendment 143 and develop some arguments on the other amendments. I congratulate the hon. Member for Didcot and Wantage on tabling amendment 143, which pushes in exactly the same direction that I have been pushing today, and also last Thursday, in developing the concern about increasing micromanagement by Department for Transport officials in the name of the Secretary of State, which will undermine the independence of GBR as a tactical organisation.

The culture is already there: the Department has been micromanaging the railways to an increasing extent since 2012 at the latest. This Bill needs to change culture. It is not a steady-state Bill; it is a once in a generation opportunity to change the culture not just of GBR, moving it away from Network Rail, but of the Department for Transport, which is as necessary as the other cultural change. If this Bill is to achieve what it is meant to, the Department’s relationship with the railways should properly be changing. Amendment 143 is a modest but important proposal that would go some way to facilitating that.

Dealing with the group as a whole, and continuing the theme of the exercise of functions and guidance by the Department, the Opposition once again note the contrast between the supposed independence of GBR and the various mechanisms that the Department and the Secretary of State have managed to wheedle into the Bill to grant themselves extra powers, whether as a last resort or, as I fear, to create a micromanaging charter, and where that last resort, as it has been described, has no qualifying criteria—although as we have heard from the Minister, that is seemingly of little consequence.

The clause enables the Secretary of State to “issue and publish guidance”, with notable devolved exceptions, which will allow the Secretary of State to

“clarify policy intentions to GBR.”

The explanatory notes acknowledge that

“in most cases requiring course correction, guidance would be used before directions,”

although I note that it is not required. The Government anticipate that they could move straight to directions if they wish to. However, subsections (1) and (2) are very clear:

“The Secretary of State may give guidance…or revoke guidance”

without any qualifying criteria at all.

What is guidance? It is a steer short of direction, and an application for an injunction against GBR—which we have just voted in favour of—destroys the myth of GBR operational independence. It will be taking orders from the Department for Transport, because that is the status quo ante. Without strengthening this clause and some others, we will confine the relationship between the Department for Transport and the newly created GBR to “more of the same”. That is the fear that we should collectively be fighting against.

The guidance will be not just on the strategic direction or the business case, but on delivery decisions, at the whim of the Department. We can say, “Well, it’s the Secretary of State. This will be done under advisement,” but we all know that in practice it will mean officials micromanaging GBR in the name of the Secretary of State, who will provide the rubber stamp. I fully expect the Minister to reassure me that that would never happen, and that the provision is only for course corrections. Now, if I was in the passenger seat of a vehicle and kept telling someone how to drive, I suppose I would call that a course correction, but they might call it backseat driving. That is the problem: the Bill is designed for backseat driving by the Department for Transport. Will the Minister explain how the clause is nothing short of backseat driving?

I obviously wish GBR the best of luck, and I hope the Minister’s enthusiasm and optimism is fully justified, but I fear that the disastrous consequence of forcing it to walk on eggshells will be constant second-guessing. I have been involved in an organisation in which there was second-guessing—no one was sure who had the decision-making power—and it was a disaster. If there is second-guessing, the organisation as a whole does not know when a decision has been taken. Does the power lie with the board? Does the board have to get clearance from a second board in a wholly different organisation, which might have a different view? Should people in GBR wait for the nod from the Department for Transport before taking action within the organisation, particularly if it is a decision with which its sub-department may not agree?

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

My hon. Friend’s argument highlights the challenge that a lot of the independent retailers, open access users and, potentially, freight users will face if the Bill remains as drafted. Ultimately, they are the people outside the walls of the castle who will struggle to understand who is making what decision and which decision is final. It is a bit like a child going to one parent, getting an answer they do not like, and going to the other parent to get a different answer. Should there be more clarity in the Bill specifically for that reason?

Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

I completely agree with my hon. Friend. When one’s children come and ask for something, the wise answer is always to ask first, “What did your mother say?” If we were able to apply that common sense to this situation, I would not be so concerned. What we have instead is stakeholder management culture seeping into the core aspects of GBR functions.

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Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

Clause 11 introduces schedule 1, which will amend part I of the Railways Act 1993 to set out GBR’s licensing regime in a way that broadly mirrors the existing licence provisions in the 1993 Act. I will deal with schedule 1 in more detail later, but for now I commend the clause to the Committee.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

I do not think I said this earlier, because I was merely intervening, but it is a pleasure to serve under your chairmanship, Sir Alec.

I appreciate what the Minister just set out in correcting the record from last week, because a lot of what I was going to say had to do with the lack of the licence. In spite of what he said, I still think that it is a problem for us to be debating clause 11, and later schedule 1, without that detail in front of us. It is very generous of him to say that we can be part of the consultation process, but given that we are encumbered with being here for 10 hours a week, I am not quite sure when would be able to do that. With all due respect, I still want to put on record how disappointing it is that we do not yet have the licence. Ultimately, Great British Railways is entirely premised on that licence: it does not operate without it, cannot deliver its functions without it, and will not create this supposedly amazing utopia of perfection for passengers and infrastructure deliverers alike without it.

Debating the clause without that context feels like a completely wasted opportunity—indeed, I fear that this debate will be incredibly short. This is something that I have seen happen with other Bills. The Minister will say that this is what the Opposition would also have done, but we were not in the position to set up Great British Railways, which—next to the NHS—will be the biggest Government-funded and backed body in this country. Without the scrutiny of hon. Members this morning, we cannot do our job properly.

Such scrutiny is in the interest of all the stakeholders—the public, the staff who work for all the railway companies that are to be brought into Great British Railways, and all the other stakeholders that provide services through open access or freight. Whether it is the coffee shop in a station or the trolley service on the train, all these people need this information, and I am disappointed that we cannot provide that scrutiny at this stage in the debate. I would welcome the opportunity to see the draft as soon as it is out, but it is disappointing that has not come in time for debate in Committee. No doubt similar comments will be made on Report and, hopefully, in the other place.

Edward Argar Portrait Edward Argar (Melton and Syston) (Con)
- Hansard - - - Excerpts

I am grateful to the Minister for his clarification. When I asked the question and he, with alacrity, answered, I did catch the expression on one of his official’s faces; I have to say that I have, on occasion, found myself in that position in the past, so I sensed what might have been coming.

I have to say that I am deeply disappointed. Although it is important that stakeholders are engaged, this legislation has been some time in the making. The licence is at the heart of how GBR will operate, so the fact that not even a skeleton draft will be made available to hon. and right hon. Members as the Bill continues its passage through this House is deeply concerning. I will speak at greater length when we get to schedule 1, but we are effectively being asked to give the Government a blank cheque, based on assurances of intent, without actually seeing the detail of the legislation.

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Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

I beg to move amendment 109, in schedule 1, page 55, line 10, leave out from “may,” to “grant” and insert—

“at the recommendation of the Office of the Rail and Road in relation to matters related to safety and standards and, after consultation with the Passengers’ Council,”.

This amendment would require the Secretary of State to get a formal recommendation from the Office of the Rail and Road that the GBR licence adequately ensures that licence obligations related to safety and standards are not compromised or undermined.

Schedule 1 contains the meat of what we have been talking about. It amends part 1 of the Railways Act 1993 to set out how GBR will be licensed. Paragraph 2 confirms that GBR should never be exempt from holding a licence, and paragraph 3 inserts new section 7B, which will enable the Secretary of State, following consultation, to grant GBR a written licence to operate specified railway assets. The licence must be in writing and will remain in force unless revoked or surrendered. Surrendering the licence will require the Secretary of State’s consent.

Paragraph 3 also sets out the process for granting licences to persons other than GBR. The Secretary of State and the Office of Rail and Road will continue to be able to grant licences to persons other than GBR to operate railway assets. The ORR may grant such licences only with the Secretary of State’s consent or under a general authority issued by the Secretary of State. Licences must be in writing and will remain in force unless revoked or surrendered. Surrendering the licence will require the ORR’s consent, much in the same way as it previously required the Secretary of State’s consent.

Proposed new section 8A sets out the requirements for the granting of licences by the Secretary of State or the ORR. It provides that a notice must be published outlining the intention to grant a licence, the reasons for doing so, and allowing at least 28 days from the date of publication for interested parties to make representations or objections. There is a duty to consider representations or objections made within the period specified in the notice.

Proposed new section 8B gives the Secretary of State the power to set rules for how licence applications must be made. Among other things, that includes the format of the application, the fee payable—different fees may apply—and the requirements for publishing the application. Before making any regulations, the Secretary of State must consult the ORR. Any fees collected by either the Secretary of State or the ORR in connection with licence applications must be paid to the consolidated fund.

Paragraph 4 clarifies that a licence granted to GBR may specify when the authorisation it provides takes effect. It allows the licence to include a start date or a mechanism for determining it. Paragraph 5 provides that the licence granted to GBR may include a condition requiring it to comply with the provisions set out in separate document that is prepared by the ORR and approved by the Secretary of State. It might be something such as a code of practice—one of these operating documents that we have been talking about so much—and it may relate to the sale of tickets by GBR or third parties, or to services that GBR provides to the rail industry to facilitate railway operations that are of particular interest to the independent retail sector. The paragraph makes it clear that an approved document may be used to regulate GBR’s behaviour in relation to the sale of tickets by parties other than GBR, in the independent retail sector.

Paragraph 6 provides that, before making modifications to a GBR licence, the Secretary of State must publish a notice explaining the proposed modifications and the reasons for them, and must allow the usual period of 28 days for interested parties to make representations. There is a duty on the Secretary of State to consider representations or objections to the notice made within the period specified.

Paragraph 7 clarifies that the ORR must consult the passengers’ council before making any amendments to passenger or station licences that relate to functions of the council. The ORR must also send a copy of the modifications to the council as soon as practicable. Paragraph 9 clarifies that any licence under section 8 of the Railways Act 1993 that was in force immediately before the changes made by the schedule come into force will remain so, per the conditions and periods set out in the licence, unless it is revoked or surrendered.

Here is the mystery of the missing licence: where is it? We have explored this at some length, and the Minister is going to go away and see what he can rustle up in the Department’s cupboard to point us in the right direction, or at least to give us the direction of travel of the missing licence. In oral evidence to the Transport Committee, Ben Plowden, chief executive officer of the Campaign for Better Transport, said:

“I think the licence will be critical. There are various references in the documents that the Government published to a ‘streamlined licence’, so I would be quite interested to see what that means relative to the current licence that applies to Network Rail. I think the Government are going to consult on the draft licence, so we will all have a chance to look at it.

The other point I would make is one I made earlier, which is that the licence will be one of many documents the Government will produce in the next year to 18 months. There is the long-term rail strategy and GBR will produce its business plan. There will be the access and use policy; the new periodic review process; and MOUs with Ministers in Scotland and Wales. There will be guidance on partnerships with mayoral combined authorities, and guidance on the right to request full rail devolution. There is a huge amount still to come.

Understanding how the licence intersects with those other documents and processes is going to be critical, because between them they will add up to the set of arrangements that determine whether GBR is successful or not for passengers. We have to see the licence in the context of all the other things that will be guiding, directing and shaping what GBR does, how it invests, and what it does operationally.”

That is the experts in the industry repeating what the Opposition have been arguing repeatedly today and last week. More accurately, it is the other way around: we have been listening to the industry in a way that the Government have not, and have been expressing the deep concerns in the sector that the current proposals are half cocked. Huge chunks of the direction, guidance and memorandums are simply missing, including the licence that the schedule is designed to address.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

The Minister spoke earlier about the consultation. It is worth restating that it is not the final draft but a consultation on the draft that is going to happen. We will have sight of the final version of the licence way down the road of the Bill’s progress, and ultimately the final licence may not be ready before scrutiny of the Bill is complete. Does my hon. Friend agree with me that that is something that we need to address? Hopefully the Minister will reassure us.

Railways Bill (Fourth sitting)

Rebecca Smith Excerpts
Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
- Hansard - -

Does my hon. Friend agree that paragraph (e) and some of the other provisions will support what I am particularly keen to see: the growth of the entire railway, not just the areas that happen to have a mayor or are part of Scotland or Wales?

Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

My hon. Friend makes a very interesting point. One of the stand-out moments from Tuesday’s oral evidence was that given by the mayors, Andy Burnham and Tracy Brabin. What it highlighted, apart from their articulate defence of their regions’ interests, was how different things will be, under the current proposals, in mayoral combined authorities: there will be the right to ask or be consulted on the devolution of aspects of rail to those authorities. That is great as far as it goes—they said that it did not go far enough, but it goes some distance in that direction.

However, what if an area is not a mayoral combined authority? I believe that is the point that my hon. Friend is making: without the direct relationship that the Government are anticipating for mayoral combined authorities, at the expense of other parts of the country, the “purpose” clause becomes more important. That is another reason why paragraphs (e) and (f) and others are helpful.

Many Members and constituents across the country were enthused by the restoring your railway fund and the new stations fund, which have unfortunately now been scrapped by this Government. They were set up in the last Parliament and led to a renaissance of interest in local railway investment and a focus on modernising working practices and innovating to improve productivity, efficiency and passenger experience.

Working practices are not really spoken about in the Bill as it is currently drafted. This is not a new start-up—we have to be quite clear about that: it is building a new organisation out of some very old organisations, including Network Rail. The aim of modernisation is to do more for less. That is a good thing because it means that there is more money left over for further investment in improving infrastructure and improving or increasing passenger services and more left in the kitty to reduce subsidies—the taxpayer support—and by extension reduce the tax burden on our hard-pressed constituents. Doing more for less by modernising working practices and innovating to improve productivity efficiency is an unalloyed good. It should be very important and at the heart of any organisation—yet the Bill is silent on it.

Although I can hear the subtext, but the new clause is not intended to be a union-bashing measure. It is intended to make a dynamic organisation that has its passengers—its users—at the heart of its interests and that there is a focus on ensuring that GBR continues to have growth as part of its objectives. That aligns with the Government’s decision to put growth at the heart of their mission.

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Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

I was going to say 1.5%, but maybe it is 2%. Let us call it approximately 2%; I leave rail freight in a separate category. But open access operators have a disproportionate impact on driving competitive challenge.

One of the very significant concerns of the sector, which I share, is that if the very dominant GBR is created and the operator and open access operators are not supported, even though they represent just 2% of passenger transit what will be lost is the competitive comparator for what good operating processes and customer-focused activities for train operations look like. It is disproportionately important that GBR should be held to account practically by the operations of open access operators, so such operators must receive fair and transparent treatment. That is what paragraphs (i) and (j) set out. They would ensure that the system is transparent where we believe that the legislation as drafted is currently vague.

Paragraph (j) enshrines the growth freight targets that we all agree on and that the Government have outlined. Paragraph (k) states the need to strengthen

“the financial sustainability of the railways”

to reduce reliance on subsidy. That should be an objective, and a purpose, of GBR. The taxpayer has lots of things that his or her money needs to be spent on. If we can reduce, over time, the need for subsidy on the railways, that money is freed up either for tax cuts, which make everyone richer, or to be spent on other important priorities of Government.

Meanwhile, paragraphs (l) and (m) speak to another key aim—integration, both of track and train, and of the mayors, with their local transport integration beyond rail, which are important to have. The lack of explicit inclusion in the Bill feels like an oversight that we are more than happy to shed light on for the Government.

Sir Alec, you will be pleased to know that that is it as far as new clause 1 is concerned, but I do have new clause 2 to entertain you with, which is about key performance indicators. The Government have been asked multiple times over the last few months to provide, even in draft, the KPIs that they intend Great British Rail to operate under. This clause is a first attempt to fill the gap that the Government have left by refusing time and again even to discuss what the KPIs will be, other than to say, using their go-to phrase, that they will be “robust”. What does that mean? We do not know.

The new clause would set a statutory key performance indicator framework, which must include targets for a number of areas, such as reliability, safety, cleanliness, affordability, passenger growth, financial efficiency, freight and others. It is necessary because of the failure of the Government. I would be delighted to withdraw it if the Minister were to stand up and say, “These are the KPIs that the Government have in mind—let’s debate them.”

At the moment, we have draft legislation in front of us—we are a scrutinising Committee and we are here for a month to go line-by-line through the Bill to improve it and understand how GBR will be operated—and yet we have no idea what the Government are even thinking on KPIs, which are a central set of objectives. This new clause seeks not to bind GBR or the Secretary of State to rigid targets, but instead to provide an overall remit for where the Secretary of State and GBR must report within.

Accountability is at the core of public trust in nationally run services, and setting targets in statute ensures there is a positive feedback loop for officials—very importantly—and GBR agents to work against. It helps frame discussions and engagement between the Departments and GBR, and allows a number of different datasets and parameters to be considered. The new clause would also require the Secretary of State to publish these indicators and lay them before Parliament.

The KPIs work as a strong starting position by which GBR can judge itself, and how it in turn can be judged by passengers and the public. Again, the Opposition are having to do the Government’s work for them. We should not be in that position. The Government should have brought forward this Bill with the accompanying documentation, which, as we have heard, is missing— 19 important documents and counting.

Finally, I turn to new clause 5. You will be pleased to hear that it is much shorter, Sir Alec. The new clause would give reporting requirements to GBR, continuing the theme of accountability, which new clauses 1 and 2 also have at their core. The layout of the new clause is self-explanatory. Subsections (2) and (3) link to new clause 2 on key performance indicators, and the clause would enhance accountability further, not just by having targets in place, but by having a clear reporting criterion.

In the same way that a Secretary of State is expected to appear in front of Parliament on a rotating basis in urgent questions, in Committees and through written ministerial questions, it is reasonable to expect that GBR should publish an annual report in which it reports on the targets set by the Secretary of State. Given the eminently sensible and logical outcome of the new clauses, I urge the Government to consider seriously on what basis it would not want to create greater transparency.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

I will briefly make a few comments about each of the new clauses, though obviously I have already intervened on my hon. Friend. I support wholeheartedly what we have proposed in new clause 1, which is no surprise given that I am sitting next to my hon. Friend the shadow Minister. I want to pick up on what he said about the restoring your railway fund as an additional way of explaining why the lack of regional devolution, apart from mayors, is going to be so important for a lot of our constituents.

I represent a constituency in the south-west that had some really great promises made under the restoring your railway fund, and was going to be able to make progress on a new station and railway line between Tavistock and Plymouth. That is really important if the Government want to see economic growth in the south-west, which they do, because they are investing enormous amounts of money in defence. But if we do not build in at this early stage the ability to see growth for regions that do not have a mayor, and are not likely to have a mayor for some considerable time, I remain unconvinced that the Bill is reassuring enough to say, “Don’t worry, these far-flung parts of the country will get a look-in.”

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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
- Hansard - - - Excerpts

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
- Hansard - - - Excerpts

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?

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

I will touch briefly on two points that are not necessarily related, but overlap. First, let me build on what my hon. Friend the Member for Broadland and Fakenham said about the word “may” in clause 5(1). Anyone who was at the oral evidence session earlier this week would have heard the Manchester and west midlands mayors talking about wanting a meaningful relationship. They could not pinpoint exactly what meaningful would look like, but the gist was a desire to make sure that the relationship has some “oomph” or a decent foundation to it. I am therefore concerned about the use of the word “may”. Will the Minister define what “may” means and when “may” might happen? Ultimately, that is potentially the biggest get-out clause for not having to act. I know that that is not the intention, but I do not think that the Bill as drafted clearly describes that.

I referred earlier to the general premise of devolution and the Minister tried to reassure me about devolution outside strategic mayoral authorities, but I still do not think that the Bill is clear enough about what is going to happen. Given that the Bill sets up a railway system that the Government hope will last forever, it is not clear how other parts of the country will come into play. The Transport Committee has debated that and heard lots of evidence as well. The question remains. While I appreciate the Minister’s reassurances, they do not go far enough to help me and many others across the country to understand what is in the Bill for them regarding local control and power.

We have debated changing language today and I have already talked about the potential for referring to “local transport authorities”. I am intrigued about why subsection (5)(c) is the end of the line. It refers to a

“Passenger Transport Executive for an integrated transport area.”

Why does this not go further? We know that the Government have huge intentions for devolution and local government re-organisation but, despite their best intentions, that might not come to pass in the way they think.

How can the Bill be changed to reflect areas of the country that do not have a mayor or any of the bodies included in subsection (5)? How will the Government ensure that the whole country benefits from GBR, not just those areas that have great, charismatic mayors—of all colours? They keep being brought in front of the Select Committee as the solution to all of our transport problems, but unless other areas in the country get a mayor, they will not see the benefits of any of it. I know that that is the Government’s intention, but I genuinely do not think that it will be the reality for a number of years.

Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

I turn first to the definition of “may”, which feels as philosophically profound a point as it does a political one. I interpret “may” differently to the hon. Lady. Mayoral strategic authorities, and other local government organisations across the piece, have incredibly divergent aspirations, ambitions and existing structures through which they may want to realise their local transport opportunities and overcome challenges. Using “may” gives them the opportunity to explore the full range of them in a way that is not over-prescriptive. If we combine that with the role that mayors can have in the system to exercise accountability, that provides sufficient safeguards for the mayoral piece of the puzzle.

More broadly, building on the point made by the hon. Member for South West Devon and the right hon. Member for Melton and Syston about what the reality could look like, it goes back to the operational reality that we do not want GBR to be set up as a highly consolidated, top-down organisation that does not have a presence in local people’s communities. On the other hand, GBR’s integrated business units will provide closeness both to the people who maintain assets that are directly related to the railway, and to local government representatives, who will have a very refined view of how the system meets passengers’ needs.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

The Minister’s point speaks directly to something else I am concerned about: how the business units relate to local government areas. His explanation still uses language that makes it sound like the authorities will be much smaller, granulated local authorities rather than larger strategic ones. Can the Minister help me to understand how the business unit will work in an area that does not have a mayoralty—that top level of devolution—in place?

I do not want to be parochial, but two railway companies currently provide services in the south-west, and there are three in the far south-west, if we look at some of the other routes down from London to there. If there is a business unit, what is it controlling? Is it controlling the entire south-west? Is it controlling the railway company providing that service? Does it have to be linked to a level of devolution, or will it exist anyway, meaning that local councils, such as the one in my area, would still refer to them?

Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

The hon. Lady will have to forgive me, but I do not want to be over-prescriptive, and that is for two reasons. The first is that, as she outlines, there are very different cases in different local areas, and I want integrated business units that are set up as part of GBR to be responsive to those particularities. Those matters are part of operational design, which necessarily does not sit in the Bill, because we do not want GBR to be frozen in aspic through legislation. We want its operational workings to be future-focused and agile, as we would want any private organisation to be, which the shadow Minister has outlined.

Secondly, however—this relates to the Conservative and Liberal Democrat amendments—I do not want to create phantom clauses in the Bill and build in accountability structures for council systems that may be replaced by mayoral strategic authorities. We talk a lot about Christmas tree Bills in this place, but I envisage this as more of a bonsai Bill, with each part perfectly formed and maintained, so I do not want to put provisions into statute that quickly become irrelevant.

I thank the shadow Minister for tabling amendment 232, which would create an appeals process for relevant local authorities when a GBR decision affected rail services in their area. The Government support a more locally focused railway and an enhanced role for mayoral strategic authorities. Local partners know their areas best, and that is why GBR will agree partnerships with mayoral strategic authorities to enable close collaboration and joint working on local priorities.

We believe that the amendment is not necessary because clauses 81 to 84 require GBR to consult with mayoral strategic authorities and receive advice from relevant local authorities. Those are the proposed mechanisms through which mayoral authorities will be engaged when one of GBR’s decisions could have a significant impact on the local area. At that point, GBR can receive advice from relevant local authorities and will co-operate with them to find a workable solution. It does not make sense to require a statutory appeals process for something that engagement via other routes can easily solve. I also point to the fact that mayors can appeal the capacity plan or appeal against access decisions if they are aggrieved by them. They can also go to the ORR if GBR ignores the transport strategy, under the existing legislation.

The shadow Minister raised a really important point about the partnership practitioner guide, which was published earlier this month to set out how those partnership models might work. He asked me to point to which functions we have in mind through those models. It could be mayors agreeing local fare packages with GBR as they relate to passenger services, such as through the Bee Network. Hopefully that provides him with a little more detail, but if he has subsequent questions, I will be happy to answer them.

Amendment 214 would enable GBR to enter into arrangements with all tiers of local government, rather than just mayoral strategic authorities. As I have mentioned, the provisions in clause 5 are pitched at that level to reflect the growth of MSAs across England and the role that mayors can play in convening local partners and tackling regional challenges. That level of authority also represents the appropriate scale and capability for integrating rail with wider public transport, and the provision on the intersection with buses is obviously of great importance to the Committee.

I appreciate that not all of England is covered by a mayoral strategic authority, but that does not mean that other tiers of local government will be excluded from GBR engagement. All tiers of local government will benefit from these empowered local business units—they are outward facing, and they will engage local authorities on their priorities and local transport plans. This structure will provide a single point of accountability for local authorities, rather than baking in the fragmented structures of today. For example, I know that Cornwall council works with its local operator, Great Western Railway, and I anticipate that similar engagement will be able to continue under GBR. Local authorities have expressed frustration that fragmentation creates challenges in their engagement with the railway, and clear accountability under GBR will address that.
Rebecca Smith Portrait Rebecca Smith
- Hansard - -

I thank the Minister for the further detail that he has provided. A lot of these regions feed into London and the big cities. If local councils are holding their local business units to account, how does that connect with services going from those regions to big cities such as London or Birmingham?

Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

The hon. Lady’s comments speak to the advantage of an integrated railway with a single point of accountability—whether that be at the local level, or through an integrated business unit or GBR’s HQ functions in Derby. The reason for having integration is that accountability is not diffuse, as one single point of contact at the local level can radiate through the system to ensure that local residents get what they need. Beyond that, there are the duties that underpin GBR’s need to promote the interests of passengers as being both a national consideration and something that local businesses should have regard to.

Clause 5 also enables GBR to co-operate with relevant local government bodies, such as MCAs, by entering into formal partnership arrangements with them or by sharing information. The clause does not detail what the co-operation arrangements should be, as every local area is different, but arrangements could include local authorities funding GBR for additional services or enhancements beyond the national baseline. The information-sharing provisions can also allow for more integrated transport planning, for example, so that new bus stations can be located alongside new train stations. This provision enables GBR to co-operate with local authorities, allowing local areas the opportunity to genuinely shape the railway and have greater influence over services.

I have heard from many mayors and MPs that this is how the railway should work, and I know that a lot of members of the Committee have local priorities that the clause can help to deliver. In the future, GBR will be accountable for every part of the railway, and it should be able to do sensible business with every Member of Parliament to get the right outcomes for everyone. I commend clause 5 to the Committee.

Railways Bill (Third sitting)

Rebecca Smith Excerpts
The Government will also provide an update on our GBR implementation plan in due course. As a result, the new clause is not necessary. There will already be a lot of parliamentary scrutiny as GBR is established, and rightly so. I therefore urge the hon. Member to withdraw it.
Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
- Hansard - -

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

I completely appreciate what the Minister is saying. However, I suppose that the outstanding question is this: how will the general public come to understand what GBR is going to mean for them if it is not going to be established for 12 months and if there is not a fixed timetable for reporting back to MPs on how it is going? There has already been a fanfare about delivery; I am sure that there is going to be another fanfare from the Government once the Bill is passed. However, if we are going to take passengers on this journey, so to speak, we must ensure that there is an opportunity for us, as Members of Parliament, to be able to report back, even if it on an issue relating to our own constituency. I think the new clause tabled by my hon. Friend the Member for Broadland and Fakenham is actually quite sensible.

Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

May I draw the hon. Member’s attention to the fact that so far I have not made a single rail pun in the course of this debate—and I intend to keep it that way?

The hon. Member made a really important point about both parliamentary accountability and the general public being able to understand more about how GBR works and what it constitutes. Throughout the establishment of GBR, there are concurrent process that will allow the Secretary to State to outline more properly the long-term future of the railway and GBR’s role in it, including the long-term rail strategy, as well as work that we are already advancing on the accessibility road map and the rolling stock and infrastructure strategy.

Existing parliamentary structures in our Westminster democracy provide ample room for us to hold Government Ministers and the Secretary of State to account on the establishment of GBR. We have oral questions for Transport, as well as the ability to ask urgent questions on GBR’s establishment. Through both Lord Hendy in the other place and Ministers in this House, we have a real ambition to explain GBR’s provisions and ways of working to the general public, because we are confident in its ability to revolutionise how the railway runs on behalf of passengers, but I take the hon. Lady’s point.

Establishing GBR is the primary purpose of the Bill, and clause 1 provides the Secretary of State with the power, by regulations, to designate a body corporate as GBR. The clause enables wider provisions in the Bill relating to GBR to apply to a body corporate, such as the statutory functions and general duties set out in it. Following Royal Assent, a company will be designated as GBR, and it will consolidate Network Rail Infrastructure Ltd, DfT Operator, train operators and parts of the Rail Delivery Group into one organisation to ensure that GBR can be mobilised as quickly as is practicable.

The clause is essential for the Government to deliver our manifesto commitment to reform the railways by establishing GBR as the directing mind, bringing track and train together. I commend clause 1 to the Committee.

--- Later in debate ---
Olly Glover Portrait Olly Glover
- Hansard - - - Excerpts

I have not made an assessment of it at this moment. But that is not unique: at this stage in the parliamentary cycle, the right hon. Member will find that a number of the Conservative proposals that are debated in this place have not yet been fully costed—

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

I beg to differ: they are all costed, because we are the official Opposition.

Olly Glover Portrait Olly Glover
- Hansard - - - Excerpts

I look forward to hearing all the figures. The point is that it is not always about coming up with the exact cost for absolutely every measure. There are plenty of things that are the right thing to do, and that can earn a return on investment. The number of young people who are not in employment, education or training is a significant barrier to economic growth. This measure, by making it easier for young people to use the train to access jobs, is likely to earn a significant return by getting more people into employment and paying taxes.

Before I accepted the right hon. Gentleman’s intervention, I was saying that we want a tap-in, tap-out method of ticketing across England, Wales and Scotland. If that sounds absurd, the Netherlands has it at this exact moment—and there is much that we can learn from that example. We want a guarantee to be issued that whatever ticket passengers purchase, via any means, is the best value fare. There should be no inequality in fare for the same ticket purchased via different means, which can be the case now because of the proliferation of ticketing platforms.

We want a national railcard to be introduced across the country. Many other countries, including Germany and Switzerland, offer national discount cards, but it is a bit of a postcode lottery here, with the network railcard in the London and south-east England area and a number of other regional or local railcards. We want open-source access to Great British Railways’ ticketing systems and rate databases for third-party retailers. That would build on the useful example demonstrated by Network Rail about 15 years ago, when it made the data feeds for its performance and train running systems available for the public to use. That created a wonderful ecosystem of useful train running and disruption apps that were much better than the official ones provided by train operators.

We also want to see greater collaboration with local and regional transport authorities, so that we see much more multimodal ticketing between railway passenger services and local bus, light rail and other public transport networks. That would help us to get the integrated transport system we need to deal with the first and last-mile issues that are often a barrier to people deciding to take public transport over the car. Where a single journey involves travel on multiple rail services, or at least one rail service and another form of public transport, we want steps to be taken to simplify fares and remove barriers to travel.

We believe that our new clause makes a number of proposals that would put our fares and ticketing system on a much better footing. It would deliver value to the taxpayer as well as reduce cost, because it would stimulate many more people to use our railway and therefore increase revenue. I look forward to the Minister’s comments.

Edward Morello Portrait Edward Morello (West Dorset) (LD)
- Hansard - - - Excerpts

It is an honour to serve under your chairship, Mrs Hobhouse. I am always slightly concerned about speaking after my hon. Friend the Member for Didcot and Wantage, who has a justifiable reputation as a train expert—I will not say “train nerd”—so I am slightly circumspect.

Rail users, both regular and irregular, have many gripes about the rail system, but the most frequent I hear from constituents undoubtedly concerns the cost of tickets. New clause 9 is about requiring fare increases to be capped in line with inflation. At time of a sustained cost of living pressure for working families, that would provide a long-term guarantee that rail fares will not continue to spiral up unpredictably, which would drive down usage.

The new clause would also mean that children aged 16 and 17 who are still in education would not be charged adult fares simply because of an arbitrary age threshold. In rural West Dorset, this is another issue that comes into my mailbox all the time. Children who are still in education hit the 16-year-old threshold and have to get across the constituency to colleges in Weymouth, at astronomical cost. Extending the 50% discount for under-18s who are in full-time education is sensible and fair, and will be especially good for people in rural communities.

The new clause would also address long-standing inconsistencies in ticketing. As mentioned, a national railcard system would end the postcode lottery whereby some areas benefit from low fares while people in other constituencies, especially rural ones, are left paying more.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

I appreciate the heart behind the hon. Gentleman’s proposal, but can he explain a bit more about why we need a national railcard? There are already all sorts of other railcards, as he rightly points out. There is one for the south-east, and I know there is one in Devon and Cornwall, but they are for specific sets of people doing specific types of journey. If there was a national railcard, would it not incentivise everybody to possess one, so that nobody ever paid a full rail fare?

Edward Morello Portrait Edward Morello
- Hansard - - - Excerpts

At one point, going through all the amendments that had been tabled to the Bill, I concluded that accepting them all would mean that the only people who would pay for a full-price ticket would probably be working-age men aged 35 to 45—they would have to single-handedly fund the entire rail network. I am not sure that that is a desirable long-term system, but a simplified system is ideal. I accept the premise of the hon. Lady’s intervention: the regionalised or localised railcards have their own benefit. But invariably we are just creating more and more carve-outs, and a simplified national system may be fairer and easier to sustain over the long term.

A move towards a national tap-in, tap-out system would modernise the network and make it far more user-friendly. In West Dorset, passengers too often step off a train only to have to wait 45 minutes for a bus, because timetables are poorly aligned. Enabling multimodal ticketing would allow rail, bus and other services to work together, making journeys smoother for residents and visitors.

New clause 9 would require Great British Railways to report on and plan for fair fares, modern ticketing, innovation through an open-source system and integration across all transport nodes. Like new clause 8, it would allow us to advocate for passengers, which should be the central theme of the Bill.

--- Later in debate ---
Rebecca Smith Portrait Rebecca Smith
- Hansard - -

I thank the Minister for the clarity on the code of practice, which has also been echoed in some written answers I recently received from him. While we are talking about open access, what thoughts have the Minister and the Department given to working with independent retailers who have probably spent billions of pounds developing an app and a website that do a particularly good job? What work will they do collaboratively with those organisations, rather than viewing themselves as competition?

Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

The hon. Lady is right to point out that there are certain areas where GBR will operationally have to work with third-party retailers to ensure that they have the information that they need to continue to discharge their service.

However, another important point is that there are lessons to be learned about existing functions—where they work and where they do not work—in providing value for money for passengers and ease of access to the railway network. That is certainly something that we can take forward as part of the discussion on the Bill. I know that the Rail Minister consistently meets with stakeholders across the breadth of the railway industry, and it should be incumbent on us all to ensure that competitive measures, where they serve the interests of passengers, are incorporated into the way GBR works.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

The point I want to come back to is about value for money for the taxpayer. I want some reassurance that GBR will not go right back to the beginning of the journey of creating a ticketing app and website, which would effectively cost the general public an inordinate amount of money, when we already have a lot of platforms that could be brought in-house rather than having to be separate businesses.

On the value for money point, call me a cynic, but my understanding of computer programming is that it is not very cheap. I assume that that is something that GBR will have to factor in. Perhaps using some of the existing independent retailers might be a better value for money option.

Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

Of course, those independent retailers can continue to operate. GBR also has, as part of its duties—the things that it is required to follow by law—an interest in promoting the efficient use of public funds. We also think that there are significant economic benefits that can be realised through consolidation when it comes to aspects of ticketing.

As has been so ably pointed out, taxpayers and railway passengers are the same people. To that extent, people being taken in different directions by a vast variety of ticketing apps, not being able to realise the potential savings that are in place, does them a disservice economically. We believe that consolidation can offer them a smoother experience of ticketing and, hopefully, access to benefits that otherwise they might not be able to realise.

To return to the code of practice, it will be fully consulted on before its introduction, so it would not be appropriate for the Bill to pre-empt the specific provisions that it will contain. However, I can confirm to the Committee that the principles I have set out today, which I believe are consistent with some of the concerns that amendments 2 and 117 and new clause 3 seek to address, will very much guide ongoing work in this area.

On that point, I turn back to one of the comments made by the Opposition spokesperson about his concern regarding the setting of fares. I would like to make clear to him that it is not for the Secretary of State to interfere in day-to-day fare decisions. The Secretary of State will be limited to setting high-level strategic parameters to ensure that fares remain affordable for passengers and sustainable for taxpayers. GBR will make all of the operational decisions within those parameters and changes to those parameters would occur only to reflect GBR’s financial settlement, or in exceptional circumstances. That is, in my view, a necessary and proportionate safeguard to protect passengers, taxpayers and Government money. Therefore, as we are already taking significant and sufficient steps to deliver what the amendment envisages, so I urge the hon. Member to withdraw it.

I turn now to new clause 9 an amendments 131 and 132, which are dependent on it. New clause 9 would mandate the publication of a report covering various elements of GBR’s fares, ticketing and retail functions. Many of the items that this report would be required to cover relate to affordable and accessible rail travel—causes to which the Government are steadfastly committed. Affordability for passengers will be a key consideration when the Secretary of State sets strategic parameters and guardrails for GBR to follow on fares. As the Committee is by now aware, the Bill ensures continued statutory protection for concessionary discounts for young, older and disabled passengers.

Elsewhere, new clause 9 covers matters such as tap-in, tap-out payment and integrated ticketing, as well as third-party retailers’ access to systems and products. On integrated ticketing, we are already working with local authorities to integrate rail with local transport modes—and to trial or expand pay-as-you-go travel where appropriate. We are also progressing evaluations of how different pay-as-you-go schemes impact passengers, and the final reports will be published in due course. This work, which has not required additional legislation, is consistent with the ambition set out in various parts of new clause 9.

In summary, a legislative requirement to publish the envisaged report is not needed to deliver the outcomes that we want to see going forward. With that reassurance, I hope that the hon. Member for Didcot and Wantage will agree not to press new clause 9 to a vote. Amendments 131 and 132 are dependent on new clause 9 and, for the reasons set out, the Government do not believe the report that new clause 9 would require is necessary, so I hope that the hon. Member will also agree not to press these amendments.

Railways Bill (Second sitting)

Rebecca Smith Excerpts
Jayne Kirkham Portrait Jayne Kirkham
- Hansard - - - Excerpts

Oh, there is a fraught question. I think anyone in the rest of the country who you ask will be having issues about devolution.

Tracy Brabin: Fair enough. But it is about that oversight of the buses feeding the train timetable.

Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
- Hansard - -

Q I was going to ask more about devolution. I will just make the point that I was going to make, and then I will ask you a very quick question.

The application of the term “devolution and local leadership” to this Bill is quite distracting, because ultimately, unless you are a mayoral combined authority, you do not get any of these powers. I think that was what Jayne was alluding to. To my mind, GBR is an increasingly two-tier system: you have the devolved local authorities and everywhere else. I am concerned about what that is going to mean for accountability to local areas. That was more of a statement than a question—apologies.

You keep saying that you want a meaningful relationship with GBR. The question that has kept coming to my mind is: what does “meaningful” actually look like? Can you unpack what you mean by “meaningful”?

Andy Burnham: On your statement, I think we have to get our heads in the space of an all-devolved England. I know it can be difficult, but sometimes people have to see the bigger picture of the area where people live and travel. People go across those borders every day; they do not think about borders as much as politicians.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

It is more the fact that there are not going to be any more in certain parts of the country for this Parliament.

Andy Burnham: For us, though, we are moving to a situation where Cheshire and Warrington are going to have a mayor soon, and I believe Lancashire will too—hopefully, Sarah. That would mean an all-devolved north-west. I think we would start to collaborate very differently with each other in that world, and it would work. I do not see why it cannot go everywhere; I suggest that it should.

On “meaningful”, the answer is that it is joint decision making. Let us get away from the idea that we just mandate the railways. That would not be realistic, because running a railway is complicated. It is about joint decisions. We are already doing it, to be honest with you. We are working like that. We have a Greater Manchester rail board and all the partners come to it. It has moved on a lot in the last 12 months. Going back a year or so, it was a little fractious, but it is not so much any more. People are clicking into a new way of thinking and working. Culture change takes time, but it is happening. It is about jointly agreeing ways forward.

I will give you an example. We had four different rail fares from Manchester airport to Piccadilly in the city centre. We said, “That’s just ridiculous; it’s confusing for visitors.” Picking up on what Jayne was saying, we have now agreed a fare simplification, which came in in December, as a sort of precursor to the cap system. That has just been jointly agreed. We have also agreed with TransPennine that there will be services through the night from Manchester airport. This joint decision making is beginning to happen in a meaningful way, and that is the meaningful bit.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

Q Will you get that with GBR, though? It is great that those relationships exist across the network and the region, but the point in the Bill is specifically that you will be consulted by GBR, but you will not necessarily get to make the decision. You are saying you would like to make the decisions, or at least—

Andy Burnham: Jointly.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

Or at least make them jointly. Is that what you are after—that joint decision making?

Andy Burnham: Yes, I think that would be what we would want. The risk would be that GBR is too remote and not responsive—everything that Lloyd was saying about slow decision making. That is not what we would want. From our point of view, we would want a Bee Network business unit within GBR, with joint decision making and a very place-based focus. That would be meaningful.

Sarah Smith Portrait Sarah Smith
- Hansard - - - Excerpts

Q In Hyndburn, we are less than 40 minutes from Manchester, but very proudly in Lancashire, obviously—

Andy Burnham: We have no plans to annex you yet, but I will let you know if that changes!

Oral Answers to Questions

Rebecca Smith Excerpts
Thursday 8th January 2026

(3 weeks, 3 days ago)

Commons Chamber
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Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
- View Speech - Hansard - -

Straight after questions, I have a meeting with the managing director of Stagecoach in my region. I have worked closely with my right hon. and learned Friend the Member for Torridge and Tavistock (Sir Geoffrey Cox) to mitigate the impact of increased prices for young people travelling to school from villages like Horrabridge and Yelverton. We have had success on fare zone changes, with decreased fares for some, but—because of rural services—not all. When will my constituents see the benefits of the Bus Services Act, which the Minister has referred to, and what needs to happen locally for those benefits to be realised?

Simon Lightwood Portrait Simon Lightwood
- View Speech - Hansard - - - Excerpts

I have already mentioned the fantastic benefits of the Bus Services Act. It gives local leaders the tools that they need to take back control of their bus services, and to shape them around their communities, through improved enhanced partnerships, franchising or local authority operated bus companies.

Railways Bill

Rebecca Smith Excerpts
2nd reading
Tuesday 9th December 2025

(1 month, 3 weeks ago)

Commons Chamber
Read Full debate Railways Bill 2024-26 View all Railways Bill 2024-26 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
- View Speech - Hansard - -

Great Western Railway fares are 2.2 times higher than those of European operators for similar lengths. Rail users in my constituency will be all too familiar with this reality, regularly paying more than £100 for a return ticket to London. Since the Labour Government came into power, we have seen the power of the unions once again, with eye-watering salary increases but no expectations to improve productivity. This means that on the line down to Devon, contracts were not changed when salaries were increased. This would have cleared up the mess that is the lack of seven-day-a-week contracts. Try travelling to Westminster on a Sunday! The creation of Great British Railways is being held up as a panacea to any such issues with our railway. Having served the last year or so on the Transport Committee, where we have been tracking the progress of these plans, I remain unconvinced by the Bill.

I gave my maiden speech during the passage of the Passenger Railway Services (Public Ownership) Bill, the mechanism through which the renationalisation of the railway was enabled. What I said then about that Bill remains true as we debate this one. I said that it was

“a Bill that seems to indicate ideological time travel back to the nationalised railway system of the past and a mistaken belief that state-run institutions are the answer to all our woes. Our railway system needs to drive forward into the middle of the 21st century, not creep backwards to the 1970s.”—[Official Report, 3 September 2024; Vol. 753, c. 237.]

As a child of the ’80s, I remember the old British Rail. Aside from the excitement of travelling on a 125 between Plymouth and my grandparents in Somerset, I do not recall it being any better than the privatised system we have today.

In the development of Great British Railways, the Government must work with industry. There are real concerns that without a strong independent rail regulator, this Bill will squeeze out private investment. Great British Railways will become the second biggest employer in the country—hardly an agile organisation—and it will be calling the shots. As a result, the state-owned operator will be chosen over private sector rivals. The Office of Rail and Road will see its power significantly altered, and some might even say reduced, by this Bill. It is arguable that it will lose its teeth. I would simply urge the Government to keep passengers front and centre of the Bill, but I am not sure that the quango regulator that they are setting up will be in passengers’ best interests.

Private investment extends to rail freight, which is competing not only with state owned operators but with road haulage. The Rail Freight Group warns that the Bill risks driving the sector into decline, costing the UK economy up to £ 2.5 billion and adding 7 million additional HGV movements to the UK road network. While the Government have committed to introducing a statutory duty on GBR to promote the use of rail freight, supported by an overall growth target, I would be grateful if the Minister took this opportunity to clarify how the duty will operate in practice and how it will ensure that GBR does not give preferential treatment to state-owned operators. Where the Bill places freight in the hierarchy of railway line use is critical, but it is not yet explicit on that, which is concerning.

Graham Stuart Portrait Graham Stuart (Beverley and Holderness) (Con)
- Hansard - - - Excerpts

I wonder whether my hon. Friend is concerned, as I am, about how Ministers will square their responsibility to the trade unions—who, of course, fund the Labour party —with the producer interest, and whether she has any reflections on their past failure to get that balance right.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

My right hon. Friend raises an interesting point, which is that the very good conditions that private companies have been forced into by trade unions will end up TUPE-ed across to these state employees and, ultimately, the best conditions will be the ones that get delivered to the most, all in that huge new employer.

Many Members from across the House have highlighted the importance of connecting underserved areas, and nowhere in the country is that case more powerfully made than in the south-west. Before closing, I would like to highlight to the Minister two examples affecting my constituency. Both featured in my maiden speech, so I know he is familiar with them. I will continue to champion them, as well as the need to secure the railway line at Dawlish.

Many CrossCountry trains currently pass through Ivybridge station without stopping, because the platform is too short. That forces local people to travel by bus or car to Plymouth, Totnes or Tiverton, making rail travel far less convenient. I have secured with local stakeholders the funding for a feasibility study for the extension. That modest project would make a huge difference to our community and I hope it will not be hindered by the Bill.

I am also committed to securing a Plymouth metro, including plans for a station in Plympton in my constituency. Plympton’s 30,000 residents have been without a station for more than 60 years, and it would be transformative for that part of my patch. Both Plympton and Ivybridge have many residents working at Devonport naval base and at the growing defence hubs in Turnchapel and Langage. The Government have promised billions of pounds to the city as part of a defence deal, but if that deal does not include funding for transport, what is the point? I urge the Government to ensure a joined-up approach in delivering the railway that the city and surrounding communities need to deliver on the defence role that the Government want.

I support the efforts to improve our railways and to bring ticket prices down, but a simple return to a nationalised British Rail is not the answer. As Conservatives, we understand the importance of retaining a strong role for the public sector through open access, protecting rail freight, improving efficiency and providing—

Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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Order. Many colleagues have been waiting for a while to speak. To enable me to get every colleague in, I need to drop the speaking limit to three minutes and encourage Members not to take interventions. The next person to speak will be Dr Scott Arthur with three minutes.

Oral Answers to Questions

Rebecca Smith Excerpts
Thursday 11th September 2025

(4 months, 3 weeks ago)

Commons Chamber
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Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
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Previous Conservative Governments were committed to repairing the railway line at Dawlish, which is vital to Devon and Cornwall’s economic growth, yet this Labour Government have said that they will complete the rail resilience programme only if and when survey work shows that it is needed. Given the likelihood that the Treasury’s emergency fund will have been spent on public sector pay increases, can the Secretary of State guarantee that funding will be found for resilience works, if they have not been planned and committed to as part of a fiscal event, should an unexpected incident or landslip take out the line at Dawlish?

Heidi Alexander Portrait Heidi Alexander
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We are still funding drainage works and survey work on the Dawlish line. Four phases of work have already been completed. The cliffs are much more resilient than they were a number of years ago, when we experienced catastrophic failure. We have paused funding, but we will continue to keep under review the information that comes back from the survey so that we can continue to provide a reliable and resilient service for people in the south-west.

Road and Rail Projects

Rebecca Smith Excerpts
Tuesday 8th July 2025

(6 months, 3 weeks ago)

Commons Chamber
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Heidi Alexander Portrait Heidi Alexander
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I cannot possibly compete with those railway puns, but I am delighted that my hon. Friend’s constituents have such a strong advocate for public transport and investment in the rail network. He is right to say that the midlands rail hub can have transformative impacts, and I thank him for all that he has done in championing the scheme over the months. He has been such a positive Member of this House.

Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
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I thank the Secretary of State for her statement, but I am really disappointed that the TavyRail scheme has received a red light. We have heard quite a lot about the investment in Devon and Somerset. The Government are delivering a huge amount of investment in Plymouth, which is welcome, but without a rail link between Tavistock and Plymouth that can continue further into my constituency at Ivybridge, I struggle to see how the investment in defence and housing will be fulfilled. Given that the Secretary of State is committing at least £725 billion for infrastructure over the next decade, I would be interested to know why she could not find £1.5 million to fund the business case for TavyRail.

Heidi Alexander Portrait Heidi Alexander
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We are keeping a number of schemes under review, and we will set out a pipeline of future infrastructure schemes that we believe are worthy, but which have not been funded in this spending review. I am happy to receive more detail about the particular scheme that the hon. Lady raises.