Speeches by Mayhew.

“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…”

“I am interested to hear that the hon. Gentleman has been on that railway. I would continue on that, but I have gone on long enough by saying, “and another thing—I remember”. Rail charter services are a different matter that must also be considered. Those with children may have travelled on one of the many Christmas pol…”

“The Minister’s argument is clearly—is it parliamentary to say nonsense? I hope it is. His argument, that the industry will be confused if the passengers’ council is able to enforce its own deliberations, is ridiculous; he just has to think about it. The ORR has its areas of competence on which it enforces, and the pass…”

“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 …”

“Clause 47 deals with improvement plans. It allows the passengers’ council to request improvement plans from licensed rail operators “where it judges them to be, or likely to be, non-compliant with the standards it sets and therefore, the consumer licence conditions”— not that we have seen them, and the “improvement pla…”

“As I intimated previously, I will put the first amendment to a Division and then we will take a view after that. Question put, That the amendment be made.”

“The amendments relate to clause 42, so I will explain what that clause seeks to achieve. Its title is “Representations and referrals”, and its focus is on introducing a power so that “the Passengers’ Council may make representations to such persons as it thinks appropriate for the purpose”, such as train or station ope…”

“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…”

“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 agree. Question put and agreed to. Clause 35 accordingly ordered to stand part of the Bill. Clause 36 General duties of the Council”

“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…”

“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.”

“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…”

“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…”

“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.”

“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…”

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

“I was just trying to be helpful.”

“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.”