Keir Mather MP: speeches 2026

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Speeches

10 Feb 2026 · Railways Bill (Thirteenth sitting) · Hansard source
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Enabling mayoral combined authorities to be consulted on GBR’s proposals creates a basis on which MCAs and GBR can engage with each other to explore challenges as could relate to economic impact. The issue with calling in consultation in every instance is that it might not always be appropriate to do so. Where a more iterative process is possible, and Scottish Government and Welsh Government colleagues, for example, are best able to feed in and solve problems through consultation, it is not necessary to layer more formal processes on top. It is worth restating for the benefit of the Committee that the Welsh and Scottish Governments are pleased with the basis on which the devolved arrangements have proceeded in the creation of the Bill. Clauses 80 to 82 as drafted will ensure that GBR engages on issues of importance, and that it consults Scottish and Welsh Ministers, rather than drowning in irrelevant detail. I urge the hon. Member for Broadland and Fakenham to withdraw amendment 103 and not to move amendments 104 to 106. I thank the hon. Member for Didcot and Wantage for tabling new clause 25, which would require the Secretary of State to publish a report “at least once every five years…assessing long term-changes needed to local rail-related infrastructure.” Across this Parliament, the Government are making a record £120 billion capital investment in long-awaited infrastructure projects—including road, rail and green energy projects—that will generate the jobs of the future and drive growth. The Government also hugely support collaboration to encourage a more locally focused railway. Insights from local communities, who know their areas best, will play a significant part in achieving that. The Bill requires GBR to consult with mayoral strategic authorities and to have regard to their local transport plans. GBR will agree partnerships with mayoral strategic authorities to enable effective collaboration and local influence. That will mark a change in approach in how the railway engages locally, providing single-point accountability and enabling GBR to better meet the needs of areas and wider communities. Furthermore, all tiers of local government will benefit from empowered local GBR business units that are outward-facing and engage local authorities on their priorities and local transport plans. Such engagement and partnerships will ensure that there is sufficient opportunity for local authorities and mayoral strategic authorities to be collaborative with GBR on their priorities and to consider proposals. Government amendments 158 to 160, which are a continuation of the technical amendments that we debated when considering the group led by amendment 165 to clause 6, will support more effective co-operation on local railway matters. They clarify the definition of a London passenger railway service to provide consistency in geographical scope with other duties and powers in the Greater London Authority Act 1999. They expand the scope of the duty on GBR to consult with TfL so that it applies to passenger services to, from and within Greater London, and not just those within it. In summary, clauses 80 to 82 introduce statutory duties on GBR to consult Scottish and Welsh Ministers, MCAs and TfL before it makes a decision about services or infrastructure that would significantly affect the interests of their areas. The rationale for the clauses is compelling. They provide assurance to the relevant people and organisations that they will be properly engaged when GBR makes decisions that significantly impact their areas. By embedding such a broad duty in legislation for the first time, we ensure that engagement is not optional but a requirement. That will lead to better decision making, stronger relationships and outcomes that take account of the needs of communities across Great Britain.
10 Feb 2026 · Railways Bill (Thirteenth sitting) · Hansard source
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While I reject the charge that the amendments are unremarkable, I thank the shadow Minister for his support. Amendment 161 agreed to. Clause 83, as amended, ordered to stand part of the Bill. Clause 84 Advice from Transport for London Amendments made: 184, in clause 84, page 49, line 30, after “function” insert “(within the meaning of the Railways Act 2026)”. This amendment defines GBR’s statutory functions in the new section 176A(3) of the Greater London Authority Act 1999. Amendment 162, in clause 84, page 49, line 31, leave out “railways or railway services in” and insert— “(a) railways in Greater London, or (b) railway services— (i) between places in Greater London, or (ii) between places in Greater London and places outside” This amendment and amendment 163 provide for advice to be given by Transport for London to GBR about railway services that operate to, from or within Greater London. Amendment 163, in clause 84, page 49, line 31, at end insert— “(4) Expressions used in this section and in Part 1 of the Railways Act 1993 have the same meaning in this section as in that Part.”— (Keir Mather.) See the explanatory statement for amendment 162 . Clause 84, as amended, ordered to stand part of the Bill. Clause 85 Licensing etc of train drivers
10 Feb 2026 · Railways Bill (Thirteenth sitting) · Hansard source
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Amendments 201 and 202 in my name will allow the Government to extend clause 86, on the Cape Town convention and the Luxembourg protocol to the convention as they relate to railway rolling stock, and part 4 of the Bill to the Isle of Man. We have consulted the Isle of Man and the other Crown dependencies on whether they would like us to extend this section of the Bill to them. The Isle of Man alone asked that we extend the protocol and these provisions to it. Given that the Government traditionally agree to such requests, we have tabled these amendments. Extending this section of the Bill will grant the Isle of Man power to make regulations under clause 86. Alternatively, regulations made by the UK Government can be extended to apply to it with appropriate modifications. That would eliminate the need for the Isle of Man to legislate for itself, but it would still have the benefit of having the convention and protocol applying to it. I therefore urge the Committee to support the Government amendments. Clause 86 will allow the United Kingdom to implement and ratify the Cape Town convention and the Luxembourg rail protocol, as they relate to railway rolling stock, via secondary legislation. The convention and the protocol aim to provide more security for creditors financing rolling stock by reducing the risk to those involved in such transactions and providing greater security over their interests. The agreements establish an international legal framework for the creation and registration of international interests in rolling stock and make provision for legal remedies in the event of default or insolvency. Implementing the agreements will therefore make the UK a more attractive place for investors to hold financial interests in rolling stock with UK-based lenders, who will also be able to benefit from the protection of the protocol when they invest in overseas markets. The UK signed the Luxembourg protocol in 2016. That power allows the UK to meet its international obligations, especially now that the protocol has come into force as a number of states have ratified it. These agreements are supported by the industry and I therefore commend the clause to the Committee.
10 Feb 2026 · Railways Bill (Thirteenth sitting) · Hansard source
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I thank the hon. Members for Didcot and Wantage and for Broadland and Fakenham for tabling the new clauses, which relate to enhancements on the rail network or the impacts of other projects on rail. New clause 11 would establish a fund for future railway improvements. Local and regional transport authorities could then bid for funding from the pot for their local areas. I certainly share the support the hon. Member for Didcot and Wantage has for improving the railway across the whole country, and I believe that the railway can bring benefits to the places it serves. However, it should be for GBR, as the organisation run by experts and charged with running railways, to maintain close relationships with local and regional authorities, including the local commissioning of infrastructure projects where agreements can be reached. The fund the hon. Member proposes risks removing GBR’s opportunity to organise, design and implement enhancements, which is a job that it is best placed to do, as the directing mind. Of course, GBR will engage closely with local and regional authorities when planning, and should invest where real benefits would be gained. Enhancements funding should continue to be set at the spending review; that is appropriate where projects are discretionary. GBR’s integrated business plan will ensure that enhancement projects align with operational delivery. I also expect the publication of GBR’s integrated business plan to provide further transparency on the enhancements GBR plans to undertake, and the associated funding. That should help set the roadmap for the five-year funding period. I hope the hon. Member can agree that such decisions should be made by GBR, working with local authorities and with mind to the long-term rail strategy. New clause 35 would establish a report on a long-term pipeline of infrastructure and rolling stock work, on a line-by-line or service-by-service basis, and with considerable detail on the specific timing, scope and sequencing of works over a 15-year period. I share the intention of the hon. Member for Broadland and Fakenham to create transparency around GBR’s spending, and certainty for the railway supply chain. We are already working to develop a long-term strategy for rolling stock and supporting infrastructure, such as electrification, that will provide clear direction for the supply chain. As I am sure he already knows, the Bill contains a duty for GBR to consider certainty for railway service providers. However, I disagree that this needs to be in statute and that a pipeline containing the level of detail proposed in this amendment, over 15 years, would be a good way of achieving the goals of transparency and certainty for GBR. GBR will have a five-year integrated business plan, backed by five years of funding for infrastructure operations, maintenance and renewals. That has been established as the appropriate balance between long-term planning and the realities of a changing operational environment. Forecasting specific infrastructure works beyond five years becomes increasingly unreliable, potentially leading to instability for the supply chain and for GBR—the exact thing this amendment is trying to avoid. Enhancements funding will continue to be set at the spending review, while GBR’s integrated business plan will ensure that enhancement projects align with operational delivery. That ensures that larger projects have longer term certainty. The current process has resulted in £2 billion being invested in the railway network every year, from 2019 to 2024. I hope that the hon. Member for Broadland and Fakenham can understand that creating a stable long-term rail strategy and business planning environment will do more to achieve these aims. Finally, I turn to new clause 71, which raises the importance of understanding rail impact when considering major infrastructure projects. I thank the hon. Member for Runnymede and Weybridge (Dr Spencer) for raising this issue, but I do not agree with it primarily because the matters that the amendment seeks to mandate are already comprehensively addressed in the existing statutory framework. Under the Planning Act 2008 and the National Policy Statements applying to Nationally Significant Infrastructure Projects in the transport, energy, waste and water sectors, the Secretary of State will consider requirements to mitigate adverse impacts on transport networks arising from any developments. For transport projects, promoters must provide detailed assessments of the impact of their proposals on transport networks, including rail capacity, demand and operational implications. These assessments are a routine and established part of the development consent order process, which the Secretary of State must consider. This amendment would introduce an entirely new statutory reporting step before an application could be examined, which would go against the Government's reforms to streamline the consenting regime following the Planning and Infrastructure Act 2025, which aims to make the system quicker and more efficient. Instead of adding value, this new requirement would instead risk adding delay in introducing uncertainty, which could hinder timely progress on Nationally Significant Infrastructure Projects. Having laid out the Government’s arguments to these amendments, I hope that hon. Members will see fit to withdraw them.
10 Feb 2026 · Railways Bill (Thirteenth sitting) · Hansard source
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Now that we have dispensed with that important work, we can get on with the business of running the railway. The Government are doing more to improve things for passengers and freight than any Government have in decades. We are creating GBR to be the directing mind for the railway, cutting out the needless waste and duplication that has characterised the model.
10 Feb 2026 · Railways Bill (Thirteenth sitting) · Hansard source
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The Government are committed to a more locally focused railway under GBR, and provisions in the Bill, and ongoing engagement with local government partners, demonstrate the strength of that commitment. The amendments are primarily technical in nature, but will support more effective co-operation on local railway matters. I will briefly summarise their purpose and effect. Amendment 161 widens the scope of services about which relevant local government bodies may be required to provide advice to GBR under clause 83. This is achieved by including reference to services between places in the body’s area and those outside it, rather than only services operating exclusively within the body’s area. Amendment 162 has the same effect in relation to Greater London. All the amendments are consistent with the original policy intent of the Bill and simply clarify the drafting. Amendments 163 and 184 include important and relevant definitions from other primary legislation, namely the Railways Act 1993 and this Bill. Clause 83 introduces statutory requirements on mayoral combined authorities, mayoral combined county authorities and passenger transport executives to provide advice to the Secretary of State and GBR where they reasonably require it on matters connected with the exercise of their respective railway functions. This duty ensures that GBR and the Secretary of State can have access to advice from local authorities, which have detailed knowledge of their areas, including in relation to local transport. Ultimately, that will support GBR and the Secretary of State in obtaining relevant local insights. Clause 84 replicates that approach for Transport for London by amending the Greater London Authority Act 1999 to insert a new section 176A after section 176. The new section introduces a statutory requirement on Transport for London to provide advice to the Secretary of State and GBR where they reasonably require it on matters connected with the exercise of their respective railway functions. This change ensures that GBR and the Secretary of State will have access to Transport for London’s expertise and its detailed knowledge of transport in the Greater London area.
10 Feb 2026 · Railways Bill (Thirteenth sitting) · Hansard source
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Good morning, Sir Alec; it is a pleasure to serve under your chairship once again. I thank the hon. Member for Broadland and Fakenham for amendments 103 to 106, which would require GBR to inform the relevant devolved Ministers and bodies before taking a decision that affected them, and the relevant Minister or body to decide whether consultation is necessary, if they deemed the decision to be significant. Each of the amendments does the same thing, for Scottish Ministers, Welsh Ministers, mayoral combined authorities and TfL respectively. They would reverse provisions in the Bill as drafted that require GBR to consult the relevant devolved Minister or body if it considers a decision significant. The Committee has heard that GBR will be the directing mind of the railways. I fully recognise the need for Scottish and Welsh Ministers, mayoral combined authorities and TfL to be suitably informed and consulted on decisions of GBR that relate to them. GBR is already required by the Bill to have regard to the Scottish Ministers’ rail strategy, statement of objectives, and directions and guidance; to the Welsh Ministers’ transport strategy; to the local transport plans of MCAs; and to the Mayor of London’s transport strategy. Furthermore, in the case of Scotland and Wales, the memorandums of understanding required by the Bill will ensure that any significant decision affecting Scotland or Wales is not made without the proper engagement of the relevant Government and transport body. In the case of mayoral combined authorities and TfL, there is a clear intention for GBR to work closely in partnership with mayoral authorities including TfL. An industry-developed practitioner guide on how GBR could work in partnership locally was published on 13 January, and GBR will be a proactive partner with all those bodies. Clauses 80 to 82 already require consultation on significant decisions. Rather than improving the Bill, amendments 103 to 106 would fundamentally hamstring GBR’s decision-making powers by creating unnecessary additional requirements. Decision making would become inefficient and less responsive to passengers and freight. Consultation will ensure that Scottish and Welsh Ministers can share their views, perspectives and expertise on the economic impact of GBR’s decision making.
10 Feb 2026 · Railways Bill (Thirteenth sitting) · Hansard source
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New clause 10 would place a duty on the Secretary of State for Transport to undertake a review of passenger safety within six months of the Act passing and to make all reasonable efforts to implement any actions identified. I appreciate the sentiment behind the new clause—passenger safety is of the utmost importance as we transition the railway into public ownership—but I do not think the new clause necessary, as the Government are taking action even before the Bill is passed. As the hon. Member for Didcot and Wantage will be aware, we already have a range of security measures and guidance in place across the railway and the wider transport network, addressing the issues raised. Those will be maintained under public ownership and are kept under continuous review to ensure that they meet the challenges of the day. I highlight the recently reviewed and updated long-running public security campaign, “See it. Say it. Sorted”, which increases public awareness and makes clear how to report suspicious activity to the British Transport police via the 61016 text reporting service; I am not sure I need to remind Members of that, as it will probably be seared into every one of our minds from travelling on the railway. I am confident that in giving GBR strategic responsibility for rail workforce planning, we will create more resilient staffing and provide greater visibility and assurance to passengers, both on trains and at stations. As part of the Government’s safer streets mission, we have already committed to reduce violence against women and girls by half over the next decade. That will be tracked by Government through the violence against women and girls strategy, recently published by the Home Office, which includes ambitious measures to enhance the safety of women and girls on the rail network. That includes improving live access to CCTV images by the British Transport Police, and establishing consistent personal safety criteria across the rail network. We are also already working to improve Passenger Assist and to support staff with better tools and more consistent training across the network. The ORR also monitors and reports on Passenger Assist and releases statistics quarterly. Finally, the ORR already has general safety duties that include carrying out inspections to ensure that the train and freight operating companies and Network Rail manage passenger and occupational health and safety risks appropriately. Those remain unchanged by the Bill. Given that, a further review of safety requirements would only serve to drive attention and resource away from the action that is already being taken. Similarly, I fully agree with the principle of new clause 48, which aims further to ensure that passengers experience journeys free from disruption, harassment and criminality. I pay tribute to the train managers and guards across the network who work tirelessly in the interests of passengers to ensure their safety and wellbeing. I know the friendly and reassuring faces of the train manager on my regular trips between Parliament and my constituency. However, as I hope the hon. Member for Wimbledon will appreciate, changing the role of train managers and guards through a legal duty could be a change to the nature of individuals’ contractual terms and conditions of employment. Such matters are for the employer and the employees, through their trade unions, to negotiate under collective bargaining agreements. It would be up to GBR to consider what is appropriate at the time. Consequently, I do not agree with the new clause. Finally, new clause 57 would require the Secretary of State to make regulations about the use of electronic audio devices on rail services. I cannot begin to express the depths to which I agree with the sentiment behind the new clause. The Government recognise the nuisance that irresponsibly used personal electronic devices can cause to other passengers, and I appreciate the importance of ensuring that passengers are not disturbed by excessive noise while travelling on the railways. I am pleased, however, to confirm that the matter is already addressed under existing national railway byelaws. Railway byelaw 7 states that people “on the railway” shall not “to the annoyance of” others “sing; or…use any instrument, article or equipment” to produce sound without “written permission from an Operator”. Any person who breaches that byelaw commits an offence and may be liable to a penalty of up to £1,000.
10 Feb 2026 · Railways Bill (Thirteenth sitting) · Hansard source
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All the provisions in this group relate to transfer schemes. New clause 61 sets out the Secretary of State’s powers to make one or more transfer schemes to transfer property, rights and liabilities, including contracted employment between public entities. The new clause is important, as it will enable transfers to and from GBR. Transfer schemes are regularly used for highly complex transfers and can avoid undue delay and costs in getting the right assets into the right place at the right time. Transfer schemes will provide a framework for the consistent treatment of workers, in line with Cabinet Office Statement of Practice on Staff Transfers in the Public Sector and Transfer of Undertakings (Protection of Employment) principles. GBR will bring together activities from more than 17 existing organisations, including Network Rail, the Rail Delivery Group, DfT Operator and 14 separate train operating companies, into a single organisation. It is therefore important that transfers be managed in the simplest, clearest and most efficient way possible to protect the staff involved and the taxpayers’ investment. New schedule 1 provides further detail on transfer schemes. The schedule is important, as it sets out the scope of what may be included in a transfer scheme. This follows standard drafting practice and will prevent individual or piecemeal issues from slowing down the delivery of an integrated railway that better serves the public as a whole. New clauses 62 and 63 will enable Scottish and Welsh Ministers to make one or more schemes for the transfers involved to enable GBR to run devolved services on their behalf. The provisions require the consent of the Secretary of State to protect their interests and the transfer of liabilities or assets in or out of GBR that they wholly own. The provisions also provide for Scottish and Welsh Ministers to make transfers between companies that they themselves wholly own. That will enable a smooth transition between delivery models for devolved services by devolved Governments. Such transfers would not require the consent of the Secretary of State, as they only involve companies owned by the Scottish or Welsh Ministers. We have worked in partnership with the devolved Governments to ensure that they can share in the benefits of an integrated railway and, if they so choose, use GBR for the delivery of devolved railway services. These transfer scheme provisions reflect the approach that we have agreed with Scottish and Welsh Ministers. New clause 65 will allow for the transfer of employment contracts from the ORR to the new passenger watchdog. The watchdog will take over most current ORR consumer roles, including the setting and oversight of standards. The new clause is important as it allows for the transfer of contracts of employment, provides protection for impacted ORR staff in line with TUPE principles, and will allow the watchdog to have the expertise that it needs to get up and running as soon as possible. Finally, new clause 64 and amendment 263 make further provision for transfer schemes. New clause 64 introduces new schedule 1 and will allow transfers into GBR to begin before GBR is fully designated to allow for sensible operational preparation ahead of establishment. Amendment 263 is required to ensure consistency of terminology with other railways legislation and to ensure that the definitions of “wholly owned” and other similar wording are accurate and make sense in the context of previous Acts. Taken together, the provisions are essential to ensure that GBR can be established quickly so that we can bring the benefits that we have promised to the public. They will allow the Government to minimise the cost of the transfer to the taxpayer and ensure that staff are protected. I commend them to the Committee.
10 Feb 2026 · Railways Bill (Thirteenth sitting) · Hansard source
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I will begin by attempting to assuage some of the shadow Minister’s concerns in this space as it relates to the ORR and licensing. There are no plans to transfer the train driving licensing and certification functions from the ORR, railway undertakings and infrastructure managers to other bodies. However, while there are no plans to transfer functions at this stage, it is possible that changes may be needed or sought by future Governments to reflect wider changes to the structure, responsibilities and roles in the rail industry—as has happened before. For that reason, these powers are vital to ensure the regime for train driving can function as intended and with the appropriate bodies responsible for issuing licences and certificates. I thank the shadow Minister for his amendment, and understand the importance of what he is driving at when it comes to the all-important issue of safety. His amendment would ensure that only the ORR may issue train driving licences. It would remove the ability to update the arrangements for issuing train driving licences and certificates in the future, for example, to reflect a change in the name of the issuing authority or a transfer of functions from one body to another. It is important that the licensing and certification regime can be adapted and changed if needed, including who issues that documentation, because it may be needed to reflect future changes to industry structures, roles and responsibilities. The Government’s position is supported by the ORR, which is the current licensing authority. Removing the power to change the arrangements for issuing licences and certificates could undermine our ability to ensure driver licensing and certification arrangements stay fit for purpose as the industry, technology and ways of working evolve. If such proposals were brought forward, the clause as drafted would ensure that any changes are subject to a full public consultation followed by parliamentary scrutiny under the draft affirmative procedure before becoming law. That process affords multiple opportunities for stakeholders’ views to be considered. I therefore urge the shadow Minister to withdraw the amendment. Clause 85 allows the Secretary of State to amend the Train Driving Licences and Certificates Regulations 2010 by means of secondary legislation. Those regulations establish the requirements for train drivers in Great Britain, which presently cannot be updated regularly without primary legislation, which is a lengthy and inefficient process. The powers in the clause are critical if the Government are to ensure that the framework for train driving remains robust, responsive and fit for purpose in the years ahead. The Committee may be aware that legislation is due to be laid today to lower the minimum age for train drivers. However, that is being done using time-limited powers in the Retained EU Law (Revocation and Reform) Act 2023, which will expire in June 2026. Without this clause, such changes to the law, which will help us to address the shortage in train drivers, will not be possible. The power will allow the regime to evolve in line with best practice, incorporating advances in technology, innovation, operations and safety knowledge, for instance by regularly revising eyesight and hearing requirements to reflect advances in corrective technologies, improved testing methods and emerging medical conditions. Without those powers, the industry will be less effective at integrating new technologies, scientific methods or innovations into the train driving regime as they emerge. I therefore commend clause 85 to the Committee.
10 Feb 2026 · Railways Bill (Thirteenth sitting) · Hansard source
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I beg to move amendment 161, in clause 83, page 49, leave out line 11 and insert— “(a) railways in the body’s area, or (b) railway services— (i) between places in the body’s area, or (ii) between places in the body’s area and places outside that area.” This amendment provides for advice to be given by local government bodies to GBR about railway services that operate to, from or within their areas.
10 Feb 2026 · Railways Bill (Thirteenth sitting) · Hansard source
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It is continuously important to bear in mind where the last Government may have strayed from the path of productive policymaking, and we have done so robustly in reflecting on the 14 wasted years of the Conservative Government. We must now turn to the future and think about how we can build a railway that serves the interests of passengers now and in the decades to come. GBR will take robust decisions on the use of the network, leading to better co-ordination of the timetable, which could reduce delays and costs over time and improve reliability. Those decisions could well see the opportunity for new routes or services and, where appropriate, the restoration of railway services that were previously closed. Nothing in the Bill will prevent GBR from doing that; indeed, quite the opposite is true. We have already seen the Government’s commitment to doing just that with the continued support for the reintroduction of passenger services on the Northumberland line and the confirmation of new stations at Haxby, Wellington and Cullompton, without the need for a specific restoring your railway fund. Having a guiding mind for the railway that is properly empowered to make decisions is better for everyone—for passengers, freight and open access operators. New clause 58 would require the Secretary of State to establish a programme to facilitate the conversion of disused railway land into active travel routes. I know the importance of such conversions, because there is a wonderful converted railway from Selby through to York, on the old rail route for the Selby coalfield. The DFT has already created Active Travel England to co-ordinate cycling, walking and other leisure uses in England. The funding of active travel in Scotland and Wales is, of course, a matter for their devolved Governments. I agree with the hon. Member for Didcot and Wantage that active travel is an important potential reuse of redundant railway land, but other potential options—including regeneration such as housing, along with heritage lines and retaining the land for future use—should be considered in the round. All the options need to be assessed against objective criteria, including considerations such as funding and safety. New clause 58 would unbalance those considerations by making active travel a priority over other potential uses of railway land. The Government have been clear that they intend to transfer historical railways estates and other former railway properties to GBR, which will absolutely be expected to look for opportunities to reuse redundant railway land. The new clause would take away GBR’s independence to do that and its ability to look at a wide range of alternative uses for former railway property, including its potential reuse for railway, commercial opportunities and regeneration. New clause 60 would require Great British Railways and all passenger service operators to provide a minimum level of secure bicycle storage facilities at every station they operate. The Government are committed to improving the integration of transport across the network and are already working to improve facilities to support those who cycle to stations. The Government encourage station operators to engage with local stakeholders when considering the provision of facilities to support those who cycle to and from stations. Funding for cycle storage is already available from a range of local transport funds, including the active travel fund. With the forthcoming establishment of GBR, we want to ensure appropriate bicycle facilities that are suitable for local circumstances and provided where needed, while retaining operational flexibility and minimising unnecessary expenditure. The new clause would impose on GBR and all passenger service operators a rigid requirement that fails to take into consideration local circumstances such as station size, passenger numbers and demand for bicycle spaces, which could result in unnecessary cost. I therefore urge the hon. Member for Didcot and Wantage to withdraw the new clause.
9 Feb 2026 · Leagrave Station: Step-free Access · Hansard source
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It is a privilege to respond to this important debate on the potential merits of step-free upgrades at Leagrave railway station. I congratulate my hon. Friend the Member for Luton North (Sarah Owen) on securing it, and I thank her for her tireless advocacy on behalf of her constituents on this very important matter. I know well how deeply she cares about her community and how tirelessly she campaigns for improved public transport and safer, more accessible stations. For many residents, Leagrave station is not simply a station. It is a gateway to work, education, healthcare and family life. As my hon. Friend clearly set out, for too many users, especially those with mobility challenges, parents with buggies, older passengers, or anyone travelling with heavy luggage, this gateway does not offer the accessibility that they expect. She is also right to say that the travelling experience must be safe, comfortable and inclusive for all. That sits at the heart of this Government’s commitment to a more accessible and passenger-focused rail network. Many stations across Britain were constructed long before modern equality and accessibility standards existed. While around 56% of stations are now step-free and around two thirds of journeys take place between such stations, we recognise that this is just not enough. I may be one of the younger Members of Parliament, but I doubt that even I will see the full realisation if we carry on at the rate that was expressed by the hon. Member for Broadland and Fakenham (Jerome Mayhew). There is a lot more hard work to do, and that is why we remain committed to improving accessibility through programmes such as Access for All, through our recently published rail accessibility road map, and through long-term reform of the railways as we move towards the establishment of Great British Railways. In May 2024, the previous Government published a list of 50 stations selected for initial feasibility work as part of the Access for All programme. As my hon. Friend will know, that included a nomination for Leagrave station. However, those feasibility studies were announced without clarity on how projects would ultimately be funded and significantly raised stakeholder expectations in a way that was not fair. This Government have taken a more rigorous and disciplined approach, ensuring that only affordable and deliverable commitments are taken forward. Our approach seeks to ensure that the maximum number of Access for All schemes can be delivered, and the risk of schemes overrunning on cost or encountering unforeseen engineering challenges is greatly reduced. With that wider national picture in mind, I would like to speak directly about Leagrave station. I regret that it does not currently offer full step-free access to all platforms. For wheelchair users, people with mobility needs, parents with pushchairs and those travelling with luggage, this remains a real challenge and a deeply frustrating reality. My hon. Friend was absolutely right to point to the human experience of dealing with a lack of accessibility. It is something we experienced at Selby station when our lifts were out of order and only had a barrow crossing. If there was no member of staff available to take people across it, they would have to get the train to Leeds to then come back towards Hull. It is not a dignified way to travel, and it does need to change. We have been clear, though, that the commitments we make must be affordable and represent value for money for passengers and taxpayers. As my hon. Friend knows, we have unfortunately decided that accessibility upgrades at Leagrave station will not progress at this stage. In reaching that decision, we assessed nominations against a clear set of criteria, including the number of passengers who would benefit, the need for a good geographical spread across Wales, Scotland and different parts of England, the extent to which schemes could build on existing technical developments, and the availability of third-party funding. Stations that performed most strongly against those criteria are the ones that are now progressing to delivery or design. As we know, Leagrave station meets some of the criteria, including being a busy station and contributing to geographical balance. Indeed, my hon. Friend correctly highlights that Leagrave station sees over 1 million users a year, and other stations in better connected areas and with fewer passengers were chosen to progress; however, footfall was only one of the criteria used in assessing Access for All nominations. In the case of Leagrave, there was little prior technical development work in place. My hon. Friend is also right that no third-party funding contribution was identified. I would like to make it clear to the House that the absence of that third-party funding was a key factor in the decision not to take the scheme forward at this time. Indeed, this was the case in relation to 22 other projects nationally for which no third-party funding contributions were identified, none of which, unfortunately, are progressing at this point. As we look ahead, local third-party funding contributions will remain an important consideration in future Access for All funding rounds. That reflects both the limited public funding available to the Access for All programme and the substantial economic, social and accessibility benefits that these schemes deliver beyond the rail network itself.
9 Feb 2026 · Leagrave Station: Step-free Access · Hansard source
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However, we have heard powerfully from my hon. Friend about how dealing with Luton traffic is a key barrier to people accessing those accessibility benefits. I will give way to her to add some further context.
9 Feb 2026 · Leagrave Station: Step-free Access · Hansard source
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Absolutely. The Government want to realise the benefits of the aviation sector—its economic potential, but also, as my hon. Friend pointed to so powerfully as it pertains to rail, the human benefit of being able to be connected to loved ones and to access new places. The two things need to work in tandem. I would be glad to engage in those conversations further. Local partners are also encouraged to develop a local funding package, drawing on opportunities such as section 106 developer contributions and city region sustainable transport settlements. These can be used to match-fund Access for All projects and are another way to bring forward accessibility projects. Further detail on this matter is set out in the written ministerial statement published on 15 January 2026. I recognise that this decision will be disappointing to my hon. Friend and her constituents; however, funding for future rounds of Access for All may be available as part of the next spending review. That could provide an opportunity to fund accessibility upgrades at Leagrave station. Positive accessibility work is already under way in the neighbouring constituency of Luton South and South Bedfordshire. At Luton station, an Access for All project is currently under construction, which will provide step-free access across the station and make a tangible difference for passengers. Nearby Luton Airport Parkway also provides full step-free access to all platforms, less than a 20-minute drive from Leagrave station.
9 Feb 2026 · Leagrave Station: Step-free Access · Hansard source
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My hon. Friend is right to enlighten me as to the reality of motoring your way through Luton to access certain areas. She sets me a formidable challenge, which I dare not take on, given her advice. Likewise, I congratulate and respect the work of my hon. Friend the Member for Luton South and South Bedfordshire (Rachel Hopkins) on securing those improvements. My hon. Friend the Member for Luton North is right to point to the fact that the people in her constituency who need to benefit from that accessibility at their doorstep need those improvements to come faster and further. That is why, through Great British Railways and the work we are progressing through the Railways Bill, as well as through the next spending review and other ongoing work, we hope to ensure that those accessibility improvements are available to people across the country. I can understand her impatience and I thank her for it, because it keeps our feet held to the fire.
9 Feb 2026 · Leagrave Station: Step-free Access · Hansard source
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I appreciate and respect the sentiment that lies behind the new clause that the hon. Member has tabled to the Railways Bill. I would say to him that, through clause 18 of the Bill, we give Great British Railways a specific legal duty to promote the interests of passengers, particularly passengers with disabilities. We also have a tough new passenger watchdog to enforce consumer standards and to put accessibility at the heart of the railways. This intersects with the long-term rail strategy. That should provide him with the assurance he needs that accessibility is at the heart of the future railway under GBR. My hon. Friend the Member for Luton North also shared her concerns about the current state of the footbridge at Leagrave station. Let me reassure her that Network Rail carefully monitors the condition of its assets and that whenever the rail industry installs, replaces or renews station infrastructure, the work must comply with current accessibility standards. I would be happy to talk with her further if she feels that those standards are not being met. My hon. Friend also noted that the plan for Luton airport expansion was likely to increase overall demand on local transport networks, including rail. That point was very well made. At this stage we have limited evidence to confirm the scale or certainty of the impact, but, as I have mentioned, a future round of Access for All might be funded as part of the next spending review, and this could provide an opportunity to fully or partly fund accessibility upgrades at Leagrave station. Let me close by again congratulating my hon. Friend on securing this debate and thanking her for her tireless representation of her constituents’ needs. I am aware that the Rail Minister will meet her on 16 March to explain the decisions made in relation to accessibility at Leagrave, and I look forward to continuing to work with her, with Govia Thameslink Railway and with Network Rail to ensure that Leagrave station is well placed to serve its community now and into the future. Question put and agreed to .
9 Feb 2026 · Leagrave Station: Step-free Access · Hansard source
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The hon. Member pre-empts me, as I will turn to how this particular issue to do with the rail service intersects with the needs of the aviation sector. He is of course right to point to the fact that surface access must play a really important role in the considerations around how we grow our aviation sector in a way that is sustainable but meets the accessibility requirements of which he and my hon. Friend the Member for Luton North spoke so powerfully. It is reasonable that organisations and developments that benefit directly from improved step-free access—such as local authorities, major employers, developers and transport hubs, including Luton airport—should play a role in contributing to their delivery. Even partial local funding would significantly strengthen a future case for accessibility upgrades at Leagrave station and demonstrate shared local commitment to the scheme.
5 Feb 2026 · Railways Bill (Eleventh sitting) · Hansard source
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I will briefly turn back to the debate on the previous clauses; because the Opposition spokesperson asked me to provide an example of the motion of consent in general as it relates to timetabling and I was remiss in my duty in not doing so. To give more context, the network code currently sets out the circumstances where train service timings need to be adjusted by a few minutes without requiring specific consent. GBR will follow a very similar process and that is a normal process that industry would expect us to follow. I now turn to the amendments at hand, all of which seek to make changes to GBR’s charging scheme. I confirm to the hon. Member for South West Devon that the charging regime broadly replicates the one that is in place today. That is intentional, so that all of the charges and discounts referenced will be familiar to industry to achieve a smooth transition to the new framework. Furthermore, given that GBR will be bound by public law duties, which require fairness, reasonableness and non-discrimination in actions and decision making, there is no reason to think that GBR will behave unreasonably. Rather, when making or amending its charging scheme, GBR will be required to balance the various duties set out in clause 18, which include promoting the interests of passengers, promoting the use of the network for carrying freight and enabling operators to plan the future of their businesses. GBR will also be required to consult with industry through the development of its charging scheme, and will be held to account via a clear route to appeal to the ORR on the scheme’s design and application. Given that existing competition law and applicable subsidy rules will automatically apply to GBR, GBR will not be able to treat other operators unfairly or start levying excessive charges that would undermine their ability to operate successful, profit-driven services. That will be further supported by the ORR’s continued role as competition regulator for the railway. I hope that gives hon. Members some assurance to begin with. I now turn to amendment 242, which proposes to remove the provision at clause 64(1)(b) that enables GBR to charge operators for services that do not run as planned. In today’s system, that mechanism is called a reservation charge, and the Bill replicates that for GBR. Importantly, the Bill does not mandate that a reservation charge must be issued in all instances where services do not run. Instead, GBR will have discretion regarding how and when to use it. That is particularly important for taking into consideration different industry operating models, especially freight, which is market driven and therefore has to live with less certainty over the services that it needs to run to serve its customers. A routine and technical example of when a reservation charge is used today, and likely to be replicated in the future, is one affecting passenger services, not freight. Where a passenger service is allocated to a path that is expected to stop at eight stations but—for reasons of its own making and not GBR’s—it terminates short of its final destination and stops at only seven, it could still be charged as planned for the full service. In addition, with finite capacity on the network it is important that, when passenger operators are granted access, they provide those services they said they were going to run and are disincentivised to simply hold on to capacity. To use a different example, if an operator consistently failed to run a service in its entirety, it would disadvantage passengers seeking to use that train and other operators that might wish to operate a passenger or freight service on an unused path. It could therefore be charged in full. As I have outlined, the purpose of the measure is to encourage operators to use the capacity that they have been allocated. Therefore, the ability to levy a reservation charge is an extremely useful tool to drive the right behaviours on the network. It ensures that best use is made of capacity and that operators remain accountable for providing the services in the timetable that they agreed to deliver.
5 Feb 2026 · Railways Bill (Eleventh sitting) · Hansard source
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It is my pleasure to speak to this long-awaited group of amendment to what are arguably some of the most critical aspects of the legislation. Clause 60 will require GBR to set out its proposal for the best use of its infrastructure, while clause 63 will require GBR to retain sufficient capacity to run its own passenger services and carry out engineering work. First, I will explain how the Government have reached that conclusion. We are here because the current system for allocating capacity is clearly not working; it is designed so that each part of the railway acts and takes decisions in isolation. There was a four-year delay to the implementation of the new east coast main line timetable that was finally achieved in December 2025. Meanwhile, there is no single body with a clear vision for the best use of the network, and therefore no clear statement of the capacity that can be made available for different users of the railway. As a result, open access operators have expended considerable effort and resources in developing proposals for access to the network, many of which have ultimately been rejected by the ORR. Both freight and open access operators would benefit from a single body empowered to provide that clarity about future opportunities for them to grow their presence on the railway. The only possible answer to fixing that is GBR, which can take decisions strategically, making the very best use of the limited capacity that we have. Only GBR can review the network holistically with a view to creating more space, which will benefit open access operators where they can show that their new services constitute best use of the network. That will benefit every hon. Member’s constituents, because there will be more opportunity for connectivity and more co-ordination to avoid disruption and delays. In our new system, the process of allocating capacity starts with clause 60. The infrastructure capacity plan will set out GBR’s view of the best use of the network, showing how capacity can best be allocated between GBR’s own services, freight services and open access services. In creating that plan, GBR must have regard to the need to accommodate all types of services. The clause is one of the most crucial in the Bill, because it is where GBR—having consulted carefully with existing and prospective operators and other interested parties, and taken account of its statutory duties—will set out its view of the best use of the network. Once established, the plan will provide much-needed certainty for operators contemplating investment in new services. I will be crystal clear for the benefit of the Committee: the capacity duty mentioned in clause 63 does not apply to the creation of the infrastructure capacity plan. Under clause 60, GBR will make its best-use assessment on the basis of the duties in clause 18 and other general duties in the Bill only. At this stage, it will not have any basis to refer to the duty as described in clause 63. It will take the decision fairly and transparently, in line with its duties, with the need to allocate paths for freight, open access and itself in mind. There is absolutely no intention for other operators to be unfairly pushed out or disadvantaged by GBR. We want the best service for passengers, freight users and the public on every part of the route, to enable the best possible connectivity, quality of service and overall economic benefit. That is the goal, regardless of who provides those services. Were GBR to mistakenly apply the capacity duty at the capacity plan stage as part of its determination of best use, that would be grounds for appeal to the ORR.
5 Feb 2026 · Railways Bill (Eleventh sitting) · Hansard source
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I beg to move amendment 174, in clause 61, page 34, line 38, at end insert— “(4A) Agreement under subsection (4) may be general or specific, and the ways in which it may be given include it being given— (a) in accordance with the terms set out as mentioned in section 59(3); (b) by means of, or in accordance with, provision contained in an agreement or other document to which Great British Railways and the operator are parties.” This amendment ensures that changes to the working timetable can be agreed in advance and in general terms, and sets out various of the ways in which agreement can be given.
5 Feb 2026 · Railways Bill (Eleventh sitting) · Hansard source
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The hon. Member is of course right to be wary about the involvement of open access in the railway, because although such provision forms a comparatively small proportion of railway journeys, we have discussed at length how certain access operator services provide great inter-city connections. There is of course a role for open access in the system being created by the Bill. With GBR having regard to its duties when creating its access and use policy, it will have to factor in how users of the railway, both current and future, are able to make best use of services, whether they are provided by GBR or anybody else. Being bound by competition law, and the transparency and fairness inherent in it, will ensure that those that already provide services on the railway, and those that seek to provide services in the future, will have the opportunity to do so. I understand the hon. Member’s point about making sure that something is prescriptively listed in the Bill so that it is given due regard, but I would say that, whether through existing open access entitlements or the two rail freight targets that exist, there are sufficient assurances that there is scope for the inclusion of those services in the future of the railway, and that the access and use policy has to reflect that. I will turn to that in more detail soon. All of the work on the access and use policy so far has happened without the need for a long and ever-expanding list of operators in the legislation, which would be the likely result of the amendment. If we name open access operators, we should presumably also list others, such as freight operators and devolved operators. Clause 66 currently requires that GBR must consult “such other persons as it considers appropriate”, and that formulation is deliberate; it ensures that consultation can be targeted, relevant and proportionate. Network Rail’s actions so far clearly demonstrate that open access operators are considered to be other appropriate persons in the reading of the clause, so both the reality and the future can be accounted for. I reassure the hon. Member that there is no world in which GBR will create an access and use policy without consulting the relevant industry bodies that are affected. The amendment would add complexity, without delivering additional practical benefit. Although I thank the hon. Member for the amendments, for those reasons, I urge that she does not press them to a vote. Clause 59 requires Great British Railways to publish an access and use policy. That key document will provide transparency and certainty for non-GBR operators, such as freight and open access, on the new policy and procedures they will need to engage with. For example, the policy will set out how operators should apply to access and use GBR tracks and infrastructure. It must set out the criteria Great British Railways intends to apply, in accordance with its statutory duties, when making access decisions, as well as its procedures for resolving competing demands and disputes. That will include, for instance, details on the economic and performance assessments GBR will undertake to determine best use. The policy must also include an explanation of how GBR will carry out maintenance and improvements to GBR infrastructure, and other necessary provisions, to ensure that the network works effectively. That exists in today’s system, within the industry network code, and we would expect GBR to draw on that when developing its policy on these key points. The access and use policy is being developed in collaboration with industry. A discussion paper on initial content has already been published, and can be reviewed by the Committee or anyone else who wishes to input into its development. We hope that the extensive engagement being undertaken will ensure that a robust and effective document is produced that industry will be content with. However, as a backstop, any person aggrieved by a provision in this policy may appeal to the ORR. Clause 66 will make it a legislative requirement that GBR must consult the ORR, the Scottish Ministers, the Welsh Ministers and such other persons as it considers appropriate before issuing, revising or replacing its access and use policy, which is dealt with in clause 59. That is in addition to GBR being a public body bound by public law principles. GBR must behave in a fair and transparent way, and therefore must consult interested parties, including rail freight and open access. The clause also ensures that GBR consults such persons as it considers appropriate before issuing, revising or replacing its infrastructure capacity plan, before issuing a working timetable and before making, revising or replacing a charging or performance scheme. Those issues are dealt with in clauses 60, 61 and 62. Clause 66 is essential to provide reassurance to industry and our Scottish and Welsh counterparts that key parts of the new framework—GBR’s policies and processes—will not be designed in isolation, but will be underpinned by a transparent and consultative process. The clause provides the essential framework for collaborative and strategic planning by GBR across the rail network. I therefore commend clauses 59 and 66 to the Committee.
5 Feb 2026 · Railways Bill (Eleventh sitting) · Hansard source
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Amendment 174 will provide greater clarity for all parties that the agreement GBR is obliged to have under clause 61(4) can be made in advance in a contract or other document between GBR and the operator in line with the terms set out in GBR’s access and use policy under clause 59(3). The amendment broadly replicates the current industry practice of making changes to the working timetable through contractual arrangements, so it is familiar to industry and was always the intended approach. I therefore urge the Committee to support the amendment, tabled by the Government in my name. I thank the hon. Member for Epsom and Ewell (Helen Maguire) for tabling new clause 52, which would require the Secretary of State to publicly consult on and publish a report that recommends an appropriate train frequency that would meet local need and which GBR would then be obliged to deliver. Although this Government support the principle of designing a train service that meets passengers’ needs and local needs, the new clause would embed that responsibility in Government, and not with GBR. That would serve only to continue Government’s micro-management of the railways, under-mining GBR’s intended role as an empowered, directing mind that is enabled to take decisions on the best use of the network. To take access decisions and plan its passenger services —which GBR will do in accordance with its duties, which are clearly defined in the Bill—GBR, and not the Department, must be able to design its own passenger train services. GBR will also be legally required to consult devolved Governments and mayoral strategic authorities before making certain decisions, such as service frequency decisions that will significant affect their local areas. The Government and GBR will also have to consult the new passenger watchdog when developing their policies, strategies and priorities for the railway, including when GBR is developing its business plan and passenger offer. The Secretary of State will set the long-term strategic objectives of the railway through the long-term rail strategy, which GBR will need to consider when taking decisions about service frequencies. The Secretary of State will also have to approve GBR’s integrated business plan, which will cover both track and train activity. That framework represents the right balance between an empowered directing mind that can independently weigh up its duties in a considered and rational way when delivering its statutory functions, including developing the timetable, with appropriate consultation requirements and proportionate Government oversight. We do not want to continue the current system, under which stifling Government interference hampers the efficient running of the railways. I therefore urge members of the Committee not to move new clause 52. Clause 61 requires GBR to issue a timetable that defines “all planned train movements which will take place on GBR infrastructure during the period for which it is in force”. Enabling GBR to establish a working timetable is fundamental to running trains safely and reliably at their published times. The current system cannot deliver significant timetable changes, even where there is a strong public interest case for doing so with significant taxpayer investment. That is because the process for revising the timetable is dependent on different organisations taking, at different points, different decisions that affect the timetable’s production. That creates complexity and challenges that can result in significant delays to the implementation of a new timetable being implemented and passengers and taxpayers losing out. Despite the significant efforts made by Network Rail and the ORR, the new east coast main line timetable was delayed for over four years, which resulted in delayed benefits to passengers. Ultimately, until the current Rail Minister was appointed no one was willing to make a final timetabling decision. That cannot happen again: GBR must be empowered to take decisions or passengers and taxpayers will not see improvements. Under clause 61, as the directing mind GBR will be responsible for taking decisions on timetabling in a process overseen by the ORR. A person whose application to be included in the timetable is rejected or who disagrees with the terms and conditions of their inclusion may appeal to the ORR. The clause ensures that GBR will deliver an achievable, reliable timetable that the network is able to deliver. Better co-ordination of the timetable and engineering works will reduce delays, improve reliability and reduce cost. GBR’s holistic review of the whole network can also improve connectivity for passengers. Without the clause, the current unacceptable system of timetable delays, disagreements and ministerial intervention will continue, which serves no one. Clause 62 sets out the steps that GBR must follow before issuing a working timetable, as previously described in clause 61. It is a critical provision as a timetable is the backbone of a safe and efficient railway operation. Without a clear and structured timetable, trains cannot run reliably at their published times. GBR must invite applications for inclusion in the timetable from operators other than GBR’s own passenger services. The invitation must specify the period within which applications must be made and the information that must accompany an application. GBR must prepare and send a draft of the working timetable to those applicants. A person who has had an application rejected by GBR may appeal that decision to the ORR. The clause ensures that the process for developing the timetable is fair and transparent. I commend clauses 61 and 62 to the Committee.
5 Feb 2026 · Railways Bill (Eleventh sitting) · Hansard source
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Good morning, Mr Western. It is once again a pleasure to serve under your chairship. I thank the hon. Member for South West Devon for these amendments, which all seek to make changes to GBR’s access and use policy. First, I will provide a brief explanation of what the access and use policy sets out to do. It will set out a clear and consistent process for any operator seeking to run services on GBR’s network. It will therefore provide transparency and certainty for non-GBR operators—such as freight and open access—on the new policy and procedures they will need to engage with when seeking access to GBR’s infrastructure. It will be very similar in concept to the way the ORR publishes access processes and policies today. It will therefore follow a well-known path by which industry can engage with the access process, and like today, this engagement will be underpinned by legislation. I can reassure hon. Members that the access and use policy is being developed in collaboration with industry. A discussion paper on the initial contents of the policy has already been published. It can be reviewed by hon. Members of this Committee and anyone else who wishes to contribute to its development. I will turn to amendment 79, which seeks to add an appeals route to the working timetable after the dispute resolution process. I am delighted to start in a place of agreement with the hon. Member for South West Devon because the addition to clause 59 is, in fact, already in the Bill. The Bill provides, first, a mechanism for resolving disputes relating to the working timetable and, secondly, an appeals route to the ORR. GBR will be required to set a dispute resolution procedure within its access and use policy for applications to be included in the timetable. That will allow parties to resolve disagreements collaboratively before escalation to the ORR, as detailed in clause 61(5). To be clear, the Bill already provides a subsequent route of appeal to the ORR for operators who have disputes over the working timetable. The amendment is therefore duplicative of that existing appeals route, and risks creating additional bureaucracy and confusion within the process. It would not improve the dispute resolution framework and, in our view, is redundant, but I am pleased that we have found at least one thing in these clauses on which the official Opposition and the Government can agree. Amendment 217 would add requirements that GBR should use the access and use policy to promote high-quality service and competition. I cannot agree with this amendment. GBR’s duties under clause 18 cover the range of points that the hon. Member for South West Devon has suggested GBR must consider for its access and use policy. For example, I agree that GBR must promote a high-quality service, and this is already reflected in GBR’s duty to ‘‘promote high standards” of performance. We must remember that the clause 18 duties are the key decision-making criteria that GBR must apply at every stage—including when making its access and use policy—and so the requirement to drive towards a quality service is already embedded. On competition, however, I must clarify that the Government support competition on the railways where it can add real value to passengers and farepayers. As the directing mind, GBR will be required to determine the best use of the network for all operators under a new and simpler legislative framework that ensures passengers and taxpayers are at the heart of decisions that are taken on the railways. Where competition can support GBR in fulfilling its statutory duties—for example, to grow the economy and to provide improved choice and benefits to passengers —without undermining the vast investment made by taxpayers, we are supportive of the benefits of competition, and GBR must take those benefits into account. However, what the Government will not support is competition for competition’s sake. It is ideological and does not help us achieve the goal of making the railway work better. The hon. Member for South West Devon seems to be equating promoting competition with fairness, but they are not one and the same. GBR must be fair to all third-party operators at all times. To ensure fairness for all parties, GBR will be bound by the Competition Act 1998, under which rules it cannot discriminate or abuse its dominant market position, and the ORR will continue to enforce this as the competition regulator. GBR does not need to actively promote competition to achieve that aim. Amendment 77 would require GBR’s access and use policy to be laid before Parliament for three months before it can be implemented. GBR would be unable to implement any part of the access and use policy for a period of three months after it had been laid in Parliament. This would only result in delays for operators seeking to access the GBR network—a concept that is unlikely to be considered favourably by either open access or the freight industry. The hon. Member for South West Devon should note that the access and use policy is a technical railway document. The purpose of this document is to provide a fair and transparent process for operators to apply for access. It sets out, for instance, the timings for applications, so that operators can prepare for the application window in advance. It also sets out what information applicants will need to supply and how applications will be assessed by GBR in accordance with its statutory duties. It is therefore right for GBR to develop it in consultation with industry and other railway bodies such as the ORR. This document should rightly be industry and expert-led. To reassure hon. Members about the content of the access and use policy, Network Rail has published a discussion document that sets out emerging thinking on a future access and use policy, with input from industry stakeholders. If Members of Parliament are keen to scrutinise the document, they are welcome to do so now, and I encourage them to engage with Network Rail’s external engagement process, or the usual processes in Parliament. The industry has responded positively to the transparent and collaborative approach that has been taken in the development of the access and use policy. The freight sector has commented on how the discussion document acknowledges the key role of private investment. Network Rail’s engagement with industry will continue as the policy is developed, and there will be a further full consultation on the access and use policy with the ORR as a statutory consultee, which Members of Parliament are again welcome to contribute to.
5 Feb 2026 · Railways Bill (Eleventh sitting) · Hansard source
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I take fully on board the hon. Member’s point that we need to ensure services are not squeezed out. The process I am outlining is specifically to ensure that that does not happen. Where GBR has regard to its duties under clause 60 when deciding best use, it has to have regard to the freight target and the need to grow freight, but also the need to accommodate a range of services on the railway. That best use policy is locked in. It is under clause 63 that the capacity duty comes into effect, and GBR can make practical operational decisions about how to effectively actualise those proportions being allocated on the railway. GBR will have to have regard to open access and freight under its duties in clause 60 when making the macro decision about what constitutes best use, which at the end of the day is not a binary yes or no question. The capacity duty in clause 63 merely ensures that it can provide the services it has been allocated. I will come to that in a bit more detail and set it out further. The hon. Member is welcome to intervene again if he feels my subsequent detail is insufficient. On the capacity duty more broadly, the Government have been nothing but consistent. Put simply, the services that offer the genuine best value proposition for passengers, freight customers and the taxpayer, consistent with GBR’s duties, should be allocated capacity. Clause 63, meanwhile, creates a legal duty for Great British Railways to ensure there is enough space in the timetable to run the services funded by the Government and taxpayers. To reiterate, clause 63 is a requirement for space in the timetable. It is not a requirement for space in the capacity plan. It does not apply to the capacity plan and it therefore does not and cannot undermine the best use decisions taken at the capacity planning stage. That is because the Government are paying for certain GBR services and must not waste public funds. The clause 63 duty is about managing taxpayers’ money after best use has been determined. It is not about keeping anyone out. Amendment 78 would require GBR to consult open access and freight operators in preparing the infrastructure capacity plan. Amendment 80 would require GBR to have regard to its key performance indicators when preparing the plan, and amendment 81 would amend clause 63 to require GBR to retain capacity for open access and freight operators. Amendments 253 and 229 would both give freight operators more weight in the capacity process. Adding a further consultation requirement to clause 60 is unnecessary as there is already a separate requirement in clause 66 for GBR to consult affected operators when developing or amending the capacity plan. Were GBR to publish or amend a capacity plan at any point without consultation, that would constitute a breach of its duties under the Bill and present strong grounds for appeal to the ORR. Amendment 78 is therefore duplicative of the provisions already in the Bill. As for amendments 80, 81, 253 and 229, the intended effect of clause 63 is to create a statutory duty for GBR to ensure that there is enough space in the timetable to run its own passenger services, which are funded directly by taxpayers. That is because taxpayers spend many billions of pounds subsidising the railway. Any responsible Government would be obligated to protect that investment and ensure that taxpayers get full value from it. The clause is therefore needed to ensure that where GBR considers its services constitute the best use of the network, and where it then allocates capacity to itself, it will actually run the trains that it is proposing to run and which it will be funded for. I do not believe anyone on this Committee would be delighted to find that, following GBR being paid several billion pounds to run services, it was unable to do so. Clause 63 is therefore an essential legal safeguard to prevent that from happening. The interests of freight and open access operators are protected by GBR’s general duties under clause 18, and freight operators are further protected by the duty on GBR to have regard to the rail freight target set by the Secretary of State under clause 17. Those duties will apply when GBR establishes best use at the capacity planning stage for all operators, including freight. The existence of not just one but two statutory duties is a clear signal of this Government’s view that freight must be front and centre of GBR’s decision making. This will give freight much greater prominence in capacity planning and allocation decisions than the current system, in which capacity is too often allocated on a first come, first served basis without reference to any coherent view of the best overall use of available capacity. The clause 63 duty exists only to protect the Secretary of State’s investment in the railway; it is not intended to influence GBR’s capacity planning or to keep anyone out of the network. The amendments are therefore not compatible with the intended purpose of the clause. Amendment 80 draws a link to the concept of key performance indicators. As I have set out in previous debates, the Government do not accept the need to make statutory provision about KPIs and so cannot support the proposed reference. As I have consistently said throughout these debates, KPIs should be in GBR’s business plan and not in legislation. Amendment 211 would require GBR to publish a statement on any decision not to provide access on the basis of capacity. As a public body, GBR is bound by public law principles to behave in a transparent and non-discriminatory way. That means that GBR must set out its decisions transparently, including when granting access, with robust evidence that shows how it has acted in accordance with its duties, access and use policy and any guidance issued by the Secretary of State. If GBR failed to do that, it would be grounds for appeal to the ORR. The amendment is unnecessary because GBR is already required to transparently account for its access decisions, whatever the reason for them. Finally, new clause 56 would require GBR to report on the merits of a centralised train planning and auctioning scheme, with high-yielding services being operated by private sector operators rather than GBR. This Government were elected with a clear mandate to return franchised passenger services to public ownership. Public ownership, with responsibility for passenger services and infrastructure brought together in a single organisation, is the only way to make the railway run better. It enables everybody to focus on a single set of objectives centred around the needs of railway users and the interests of the taxpayers who fund it, rather than shareholders and private profit. Public ownership of passenger services will save the taxpayer up to £150 million a year in fees to private operators alone. Therefore, GBR, rather than private operators, must be responsible for operating the services that taxpayers will fund it to deliver. Making GBR responsible for essential services also avoids the costs of maintaining a public sector operator of last resort function ready to step in if a private operator suffers financial failure or chooses to withdraw from operating the services. While I fully support the provision of services by open access operators on the network where they add value and where there is capacity on the network, the model set out by the new clause is not compatible with the mandate that this Government were elected on: to bring franchised passenger services back into public ownership. It is not compatible with the regime set out in the Bill, which already provides clarity about the role of private sector operators and the opportunities for them to run services. Given what I have set out, I hope that the hon. Member for South West Devon feels able to withdraw the amendments. I commend clauses 60 and 63 to the Committee.

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