Speeches by Smith.

“Clauses 76 to 79 change the current duties on the ORR, the Secretary of State and Scottish and Welsh Ministers to maintain a register, in sections 72 to 73B of the Railways Act 1993, and put them under duties to publish certain information. The ORR must publish documentation relating to licences; access agreements; acc…”

“Clause 75 prevents the ORR from issuing directions to GBR relating to providing, improving or developing railway facilities. It also prevents the ORR from imposing a fine on GBR for licence breaches. We think those are both terrible ideas. The Transport Committee asked Maggie Simpson of the Rail Freight Group: “What is…”

“I beg to move amendment 99, in clause 74, page 42, line 24, after “monitor” insert “and audit”. This amendment would require the ORR to monitor and audit GBR’s statutory functions.”

“I have indicated that we want to press amendment 99 to a Division. Question put, That the amendment be made.”

“Clause 64(1) requires GBR to develop a charging scheme setting out the charges to be paid for access to and use of GBR’s infrastructure, and the extent to which charges may by payable in relation to trains that do not operate, or do not operate in full, despite their use being planned in. The base assumption is that ch…”

“I beg to move amendment 242, in clause 64, page 36, line 6, leave out subsection (1)(b). This amendment would remove the requirement for GBR to charge in relation to trains which are planned to use GBR infrastructure but do not operate, or do not operate in full.”

“The Minister just said that the amendments are completely unnecessary, because the stated concerns are not real, effectively. That does not answer the very real concerns put forward time and again in the Transport Select Committee and in this Committee’s evidence session—the written and oral evidence—by businesses that…”

“Amendment is 211 is mine, and we would like to press it to a vote. [Interruption.] Oh, no, that is also a Liberal Democrat amendment—that says “Opp” as well.”

“South West Devon.”

“I agree with my hon. Friend. I alluded to that issue earlier in my comments, and my hon. Friend the Member for Broadland and Fakenham raised it on Tuesday. That is why we are concerned on behalf of not only open access, but first of all passengers, who are not going to get the best possible service because of the inbui…”

“Does the hon. Member not think our amendments could actually improve the system for GBR? We have talked, in this Committee and in the Select Committee sessions on the Bill, about the real gap in terms of the incentives for GBR to improve its services and improve itself. There is no reason why adding GBR as a body that …”

“I thank the Minister for that. Yes, absolutely; I believe our amendments are much more about the infrastructure that GBR has responsibility for and about operators not having to pay if they are un able to operate their services. A natural disaster is probably a bit too extreme, but if, for example, a train is running t…”

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

“Clause 66 sets out who GBR must consult before issuing, revising or replacing the access and use policy under clause 59. The ORR and the Scottish and Welsh Ministers must be consulted as well as other persons GBR considers appropriate. Subsection (2) requires GBR to consult the persons it considers appropriate before i…”

“To build on the point that my right hon. Friend the Member for Melton and Syston made, clause 65(3)(b) says that compensation may not be paid by Great British Railways “in relation to any disruption that is outside its control.” It strikes me that that relates to what the hon. Member for Birmingham Northfield said happ…”

“It is a pleasure to serve under your chairmanship, Mrs Hobhouse. There is not much to say, except that the hon. Member for Didcot and Wantage raised a question about our amendments and what he called phantom paths. I think he may have been referring to ghost trains, as opposed to phantom trains—if you google “phantom t…”

“I beg to move amendment 79, in clause 59, page 33, line 19, at end insert “in addition to a subsequent right to appeal to the ORR”. This amendment would enable a subsequent right of appeal to the ORR after going through the dispute resolution process.”

“I think he probably would have said it, to be perfectly honest. Clause 73 marks the end of a very significant chapter in the Bill, with many poorly drafted or simply ill thought through clauses. I am sure the drafting has been done with the greatest attention to detail; it is just the “thought-through-ness” that we are…”

“I think I have said everything I want to say, but we would like to press amendment 79 and then amendment 217 to a vote. Question put, That the amendment be made.”

“Something that the Minister said reflects back to what my hon. Friend the Member for Broadland and Fakenham said on Tuesday. Not putting private operators, open access and freight on this mandatory list is making us nervous that it is not the Government’s intention to keep involving them in the future. I appreciate wha…”