8th Report - Railways Bill

Key findings

• The Bill represents only ~30% of required processes and documents; critical items including the Long Term Rail Strategy, licence, business plan, and charging scheme remain unpublished, hindering scrutiny and industry confidence.
• Secretary of State powers of direction over GBR are too broadly drafted, risking micromanagement of day-to-day operations despite Government intent to use them sparingly; clause 7 should require directions be 'necessary and proportionate'.
• Aligned duties on GBR, ORR, and the Secretary of State lack clarity on weighting; statutory guidance is needed, with explicit assurance that cost considerations do not outweigh all other duties.
• Passengers' Council lacks direct enforcement power, relying on ORR discretion, creating delays and complexity; ORR should be required to act on referrals with very limited exceptions.
• Bill omits statutory passenger growth target despite including freight growth target; passenger journeys are fundamental to GBR's purpose and Government decarbonisation aims, and inclusion would incentivise commercially-minded improvements.

Recommendations

• Publish a comprehensive list with target dates of decisions, key documents, and planned consultations leading to GBR establishment and first year of operation, including workforce consultation milestones.
• Amend clause 7 to require that use of Secretary of State's power of direction must be necessary and proportionate, preserving enforcement ability while preventing micromanagement.
• Require the Long Term Rail Strategy be laid before Parliament, with substantively amended versions also laid, to prevent it becoming a series of short-term strategies.
• Publish at least an initial draft of GBR's licence before Report Stage in the House of Commons to enable parliamentary scrutiny.
• Issue and publish statutory guidance on how GBR should weigh competing duties in clause 18, ensuring cost is considered proportionately and does not outweigh all other considerations.
• Amend the Bill to require Passengers' Council sets standards (not merely grants power to do so), and explicitly state it has discretion to set standards on matters beyond passenger information, compensation, complaints, and accessibility.
• Require ORR to take enforcement action on Passengers' Council referrals (with very limited exceptions) rather than applying discretion, and require a pre-appointment hearing for the Council's Chair before Parliament.
• Amend the Bill to include a duty on Secretary of State to set a passenger journey growth target similar to the freight growth target in clause 17.
• Amend clause 18 duties to require improvement in accessibility for disabled users, and require at least two Passengers' Council members have lived experience of travelling as disabled persons.
• Clarify the relationship between new Bill duties and existing Equality Act 2010 duties.
• Broaden freight operators' appeal grounds for access decisions to reflect Government freight promotion outcomes.
• Make Mayoral Strategic Authorities statutory consultees on the Long Term Rail Strategy, require GBR to weight their Local Transport Plans, and investigate MSA/LTA roles in GBR's regional business units.

Key actors

Ruth Cadbury, Heidi Alexander, Lord Hendy of Richmond Hill, John Larkinson, Ben Plowden, Richard Goodman, Lucy Ryan, Fiona Hyslop