Speeches by Mayhew.

“I beg to move amendment 74, in clause 47, page 25, line 23, leave out from “Council” to the end of line 32 and insert “take such action (if any) as it thinks appropriate for the purpose of remedying the contravention, or avoiding it taking place or being repeated.” This amendment would give the Passengers’ Council the …”

“I beg to move amendment 66, in clause 40, page 22, line 11, leave out subsections (5)(a) and (5)(b) and insert “the Passengers’ Council may take such action (if any) as it thinks appropriate.” This amendment would give the Passengers’ Council enforcement powers when its requests for information are not met.”

“I was just trying to be helpful.”

“I am unpersuaded. As I previously indicated, I will press amendment 74 to a vote. Question put, That the amendment be made.”

“I am interested in the Minister’s repeated insistence that there would be confusion if there were more than one enforcement body for rail activities. What is his proposed solution to the Competition and Markets Authority and its enforcement competency for the railways, which currently is shared with the Office of Rail …”

“I beg to move amendment 71, in clause 46, page 24, line 26, after “for” insert “all users and potential users of the railways including, in particular,”. This amendment allows the Passenger Council to set access standards for all users and potential users of the railway.”

“I have nothing to add on clause 44. Clause 45 provides a duty for the passengers’ council to secure independent dispute resolution arrangements. As the Minister just said, it is anticipated—according to the explanatory notes, at least—that it will take over sponsorship of the Rail Ombudsman from the ORR in order to ful…”

“The Minister has described the function of clause 48, the lead measure in this group, but there is one notable exception from the list of bodies that can refer to the council for advice under clause 48(1)(a) as drafted. It includes mayoral combined authorities, Transport for London and Ministers—whether the Secretary o…”

“I beg to move amendment 67, in clause 42, page 23, line 7, leave out subsection (2).”

“In the wording of clause 39(1), at the moment paragraphs (a) to (e) are additional. If the “or” in “or…it appears to the Council” at the end of paragraph (d) were replaced with “and”, there would be a two-part test. The council would receive complaints from all the kinds of people in paragraphs (a) to (d), and the seco…”

“I think the Minister may have misunderstood my point. I was not for a moment suggesting that the passenger watchdog should take over responsibility for safety-critical functions. I was anticipating that he might argue that the ORR needs to retain a veto right because there might be clashes with its safety-critical func…”

“Clause 46 gives the passengers’ council a power to set consumer standards for operators of rail passenger services and station services, which will be imposed on them via licence conditions. Of course, we have not seen any of those licence conditions, so we will just have to take it on faith. The clause sets out matter…”

“Under clause 43, the passengers’ council can prepare, send and publish a report of its findings in an investigation, but it must obtain the Secretary of State’s consent before sending or publishing a report if the investigation was undertaken following a referral. Similar provisions exist for the Scottish and Welsh Min…”

“I am not persuaded by the Minister. There are two amendments. In order to save time, I will press the first one to a Division, and the outcome of that will determine whether or not I press the second one to a Division. Question put, That the amendment be made.”

“It is much easier when I start with the amendment, because then I know where I am. This clause is about the power to obtain information. I will leave it to the Minister to give a précis, but it seeks to create a sensible power for the passengers’ council to be able to require the provision of information. However, the …”

“I recognise that the Minister has his line to take and that there will be lots of angry people sitting behind him at tea time if he makes any concessions. However, a simple amendment to the wording of the mandatory requirement in clause 39(1), paragraphs (a) to (e), would give the passenger watchdog the ability to pick…”

“That is all very well, but it is not the wording of the Bill. The text does not say “have regard to”; it is a mandatory requirement to investigate every single allegation. I totally understand where the Minister says he is coming from, but unfortunately his Bill does not agree with him.”

“I have thought long and hard about this, Mrs Hobhouse, and given the time of day, we will let it pass. Question put and agreed to. Clause 48 accordingly ordered to stand part of the Bill. Clauses 49 to 52 ordered to stand part of the Bill. Clause 53 General duties of the LTUC Question proposed, That the clause stand pa…”

“I am grateful to the Minister for his detailed assessment of the new clauses and amendments. In the interests of time, I do not propose to press amendment 71, but I do not swallow the explanations given in relation to amendment 72. We need to focus the passenger watchdog on important issues for passengers, so we will p…”

“We are at the final furlong—for today at least. I will keep the pace up for the last straight. I am not going to make any comments on clause 53, the general duties of the LTUC, because there is nothing to be improved. Clause 54, which amends section 252A of the Greater London Authority Act 1999, mirrors the passengers’…”