Railways Bill (Twelfth sitting)

Debate between Rebecca Smith and Edward Morello

Thursday 5th February 2026 Public Bill Committees

[Edward Morello]

Amendments 203 to 205 were tabled by my hon. Friend the Member for Didcot and Wantage. The clause gives the Secretary of State extensive powers to intervene and, ultimately, overrule access decisions made by GBR. As I said in our previous sitting, we must remember that those powers are not just for the current Government, but for all future Governments. The Bill concentrates too much authority in the hands of the Secretary of State, with too little accountability and independent oversight. The amendments would reduce ministerial micromanagement and strengthen the role of the ORR in determining appeals on access decisions. The ORR should be an independent regulator whose job it is to make fair, evidence-based judgments. Access decisions should be governed by transparent regulation, not by political discretion. The amendments would strengthen the role of the ORR, protect the independence of GBR and prevent excessive control by the Secretary of State, especially without any accompanying accountability—something the Government have continued to refuse when the Opposition parties have tabled amendments. However, I hope we will have a sudden volte-face on amendments 203 to 205.

[Rebecca Smith]

I shall be brief. The amendments would strengthen the role of the ORR and reduce the role of the Secretary of State in considering appeals against GBR access decisions. Without further ado, I will say that we will support all three, should the Liberal Democrats press them to a vote.

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[Edward Morello]

I wish to speak in support of amendment 146 tabled by my hon. Friend the Member for Didcot and Wantage. Clause 71 gives the Secretary of State the power to make regulations allowing for the early termination of access agreements. We believe that this creates unnecessary uncertainty for train operators and passengers. Access agreements are detailed, regulated contracts that set out service patterns, responsibilities and costs. They are overseen by the ORR and published on its public register. Amendment 146 would remove ministerial powers to terminate those agreements early, limiting the ability of the Secretary of State to micro- manage GBR.

While I risk sounding like a broken record, as I have said before, these are powers that apply to both the current Government and future one. While I understand the desire for the Secretary of State to have the power to terminate agreements, those powers sit better with the ORR and GBR. If we want stability, investment and reliable services, we need to signal to the market that there will not be political intervention that undermines long-term planning. I hope that the Government will see the sense of this amendment.

[Rebecca Smith]

Clause 69 amends the Railways Act 1993 to except GBR or a subsidiary of GBR from the sections outlining the ORR’s powers on access and its corresponding duties. That change would prevent the ORR from making access decisions on infrastructure operated by GBR. The clause removes GBR from the normal ORR supervised access regime, giving it a special exemption that no other operator has. Since GBR is both operator and infrastructure manager, we believe that this creates an uneven playing field and risks unfair treatment of competing operators. If the Government insist on the current drafting, they must come clean and admit that their intention is to treat competitors unfairly in comparison, and that they are not in favour of competition and reject private investment as a driver of innovation and improvement on the railway.

Given the destruction of the current independently managed fair and level playing field, it is no surprise that the industry has major concerns. Eurostar’s written evidence to the Transport Committee explains:

“The Railways Bill consolidates strategic and operational authority in Great British Railways. While centralising network management offers efficiency gains, it is essential that ORR’s independent regulatory function is preserved, especially for open access and international services. In future Government will have the overarching interest in the Infrastructure Concession (let to LSPH), the Maintainer Operator (Network Rail) and the largest operator on the route (SET). There needs to be an independent referee to balance these interests with those of open access operators.

ORR provides impartial oversight of track access, station allocation, depot facilities, charging, and timetabling. Its independence provides transparent decision-making and safeguards competition, while giving investors confidence in the long-term stability of services.

Decisions such as the allocation of depot access at Temple Mills demonstrate the importance of ORR in balancing competing demands for constrained resources. Without statutory protection, GBR could constrain competition and impede international service growth. In addition, it could reduce transparency in access allocation.

Eurostar recommends that the Bill explicitly preserves the ORR’s independent role in regulating access, charges, and depot allocation for international services. This statutory protection is essential to provide fair treatment for operators and give certainty for the future of UK international rail services.

In international rail terms, the ORR’s role is more important than ever before, given the recent ruling enabling a new entrant to the market to access Temple Mills depot. The regulator will need to perform a strong, independent and objective role in ruling on cost sharing, compatibility and rolling stock issues.

The ORR can also play a role in track access charges – costs for accessing the London-to-Calais stretch of rail are nine times higher per kilometre than the cost of accessing equivalent infrastructure in Belgium, France or the Netherlands.”

Written evidence to the Transport Committee from Lumo and Hull Trains outlines their concerns:

“The ORR plays an essential role in maintaining a fair, transparent, and competitive rail network. Its independence supports confidence among passengers, freight operators, and private investors. Lumo and Hull Trains believe the Railways Bill should preserve this role to help GBR succeed.

To maintain balance across the system, the ORR must retain meaningful regulatory powers to ensure decisions made by GBR on access and charging are fair, evidence-based, and consistent with the Government’s growth objectives. The current drafting of the Bill, however, limits the ORR’s capacity to intervene proactively, restricting its powers primarily to appeals after decisions have been made.

Enhancing the ORR’s decision-making and enforcement capability would help ensure that GBR’s commercial and operational decisions remain aligned with the wider interests of passengers and the market. This approach would reinforce the Government’s ambition for a collaborative, competitive, and accountable rail system. A strong regulator also provides stability for investors, ensuring that GBR operates within a framework that fosters long-term confidence and fair treatment for all market participants.

While the Government desires to create a ‘directing mind’ in GBR, coordinating rail with a whole network view, for private operators to have confidence in the system there must be appropriate protections guaranteeing fair access and charging. The ORR is well-positioned to perform that role as an essential backstop, but the correct framework must be built around it to enable it to operate as such.”

Finally, Angel Trains also provided written evidence to the Transport Committee:

“Angel Trains believes that the new access framework must provide equitable access to all parts of the railway, whether operators are GBR-led, Open Access, or freight. As a lessor of rolling stock to both GBR-led and Open Access operators we believe parity among operators is crucial and would welcome greater clarity from the Government on how access and charging decisions will be made and prioritised. As an independent regulator, the Office of Rail and Road (ORR) should be responsible for ensuring a level playing field by intervening if concerns are raised that GBR could have taken a discriminatory decision, for example, around preferential access rights and charging for GBR operators over Open Access competitors.

Beyond access arrangements, we would welcome further detail from the Government about how GBR will be held to account. In its current form, GBR possesses a high concentration of power in its role in setting both strategy and delivery. In order to provide adequate scrutiny and accountability, there must be sufficient checks and balances to ensure that financial, economic, and safety objectives are met.

Angel Trains believes that there should be clear divisions between different parts of the rail system to ensure adequate accountability…As outlined above, it is vital that there is a fully independent regulator to hold GBR to account, for which the ORR could be best-placed. Beyond acting as an arbiter on access and charging decisions, the ORR should be empowered to report on GBR’s performance and issue performance improvements notices to GBR, in addition to other regulatory duties. The ORR must maintain a regulatory function to provide fairness and stability for the rail industry, which encourages investment and ensures financial sustainability by creating a level playing field across the sector and eliminating subjectivity from decision-making.”

We therefore seek to leave out clause 69 and will vote against it. This would keep GBR under the normal access regime supervised by the ORR and ensure a fair system. We have no objections to Government amendments 175 to 183 but, as mentioned, we are less happy with clause 69 as a whole.

Clause 70 amends the 2016 regulations to exempt GBR from the provisions of those regulations that would otherwise apply to its infrastructure. The 2016 regulations will continue to apply to other infrastructure managers. We do not object to the clause.

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[Edward Morello]

I speak in support of amendment 256, tabled by my hon. Friend the Member for Didcot and Wantage. Clause 72 allows regulations that could give the Secretary of State powers over operational matters in freight sidings and terminals. Amendment 256 makes clear that those operational decisions must not be subject to ministerial direction. The amendment comes directly from the freight industry and reflects clear concerns about unnecessary political interference.

Freight sidings and terminals are operational commercial assets, and their day-to-day management should sit with operators, not with Ministers. As we said in previous sittings, the powers would apply to not just the current but future Governments. At the risk of sounding like a broken record, I should say that the Bill already gives the Secretary of State too much control and too many opportunities for micromanagement with too little accountability over too many areas. Amendment 256 draws a sensible boundary, protects freight operators from meddling, and supports a stable and efficient freight network.

[Rebecca Smith]

I will speak to clauses 72 and 73, and the grouped amendments. Clause 72 is another controversial clause. It sets out that the Secretary of State may make regulations about the management and operation of non-GBR infrastructure, which means any network, station or track not operated by or on behalf of GBR; about the rights to operate trains that use non-GBR infrastructure; and about competition in the market for the provision and supply of such operations.

Subsection (2)(c) allows the Secretary of State to set access terms and charges for non-GBR infrastructure, overriding commercial negotiation and bypassing the ORR. That cuts directly against the stated principle that the publicly owned operator must not regulate its competitors. It is an extraordinary clause that cuts up contract law and throws it out of the window.

The Rail Freight Group is concerned. It states:

“Clause 72 enables the Secretary of State by regulation to intervene in privately owned rail freight terminals, setting conditions of access and charges amongst other matters. Again, we understand that this is not the intention of the clause (which exists to enable GBR to take over other infrastructure such as HS1, Heathrow Branch or the Core Valley Lines) but nonetheless it is an extant risk to rail freight as presently worded, and we believe freight terminals should be explicitly out of scope for this clause.”

Railways Bill (Third sitting)

Debate between Rebecca Smith and Edward Morello

Committee stage
Thursday 22nd January 2026 Public Bill Committees

[Olly Glover]

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 (West Dorset) (LD)]

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]

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]

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.

Adoption and Kinship Placements

Debate between Rebecca Smith and Edward Morello

Tuesday 20th May 2025 Westminster Hall

[Rebecca Smith]

The hon. Gentleman takes the words right out of my mouth, and if he stays for the whole debate he will hear me say exactly that. He raises an important point: we are asking people to care for the most vulnerable children, and if we do not give them the tools to do that, they will not apply in the first place.

I am pleased to have secured this debate to shine a further light on the issue, highlight how the Government’s recent position is a false economy, and put further pressure on them to do the right thing and reverse the recent changes. Without access to the previous level of support offered through the fund, there is a real concern that the number of adopters will fall, and more children—including those with some of the most difficult and challenging stories—will face the long term in care, seeing their future massively impacted as a result.

Before I progress, I wish to pay tribute to the thousands of parents, guardians and carers across the country who have been fighting for children and young people in their care—those who are unable to live with their birth parents—and especially to those families in my constituency of South West Devon, some of whom I have met, and some who have written to me to share their experiences. They are all, rightly, incredibly worried about the impact of the cuts on the support that they previously received, and it is a privilege to be here to speak on their behalf.

I also place on record my thanks to the charities that have been campaigning against the recent changes to support for children in adoptive and kinship placements: Adoption UK, Coram, Kinship, Family Rights Group, and the Consortium of Voluntary Adoption Agencies to mention a few, as well as local adoption agencies such as Adopt South West, which serves families in my constituency and others in Devon and Cornwall. Their work has been especially powerful over the past couple of months as they have shared information with us and we have fought together.

The adoption and special guardianship support fund was set up under the Conservative Government in 2015 as a result of the Children and Families Act 2014, and it was designed to help families to access the specialist therapy services that they may need. Since the Adoption and Children Act 2002, adoptive families have had a right to an assessment of their adoption support needs by their local authority. However, the 2014 Act introduced a number of further measures to support adoptive families, including the fund. In 2023, the fund was expanded to include kinship care, enabling some children with special guardianship or child arrangements orders to qualify for support too. That was a solid legacy to work from.

Since July 2024, however, there has been a cloud of uncertainty over the future of the adoption and special guardianship support fund. Although it is a lifeline for thousands of vulnerable children, it was left hanging in the balance. Families were left wondering whether the therapeutic support that their children desperately need would vanish overnight.

In April, the Department for Education announced significant cuts to the fund. The annual therapy funding per child has been slashed from £5,000 to £3,000. The separate £2,500 allowance for specialist assessments has gone, match funding to support the most complex cases has gone, and the ability to carry support across financial years has also gone. That is a shocking 40% reduction in funding for the support that we all know is highly specialised and that, as a result, comes at a cost.

[Edward Morello (West Dorset) (LD)]

I thank the hon. Lady for securing this important debate, and I agree 100% with the point that she is making. Two constituents in West Dorset support two children with multiple needs—overlapping autism, attention deficit hyperactivity disorder and significant trauma of the kind she mentioned. The funding for a one-off assessment remains, but the ongoing funding to support those children no longer exists, and that is a fundamental problem.