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

“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…”

“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 …”

“The Government Whip referred to this as the “meaty” group, so we may be here for a while. That is fine; we have plenty of time. Clause 60 requires GBR to set out how, in its view, best use can be made of its infrastructure over a specified period. Subsection (3) allows GBR to replace or amend the document or documents …”

“South West Devon.”

“That is fine. I knew as soon as I opened my mouth.”

“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…”

“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…”

“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…”

“It is. It was debated in the previous group.”

“I beg to move amendment 85, in clause 65, page 37, line 15, leave out subsection (3)(b). This amendment would enable GBR to have to pay penalties or compensation.”

“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…”

“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 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 will speak to clauses 72 and 73, and the grouped amendments. Clause 72 is another controversial clause. It sets out that the Secretary of State may make regulations about the management and operation of non-GBR infrastructure, which means any network, station or track not operated by or on behalf of GBR; about the ri…”

“Clause 65 requires GBR to provide and publish a performance scheme that is designed to incentivise GBR, its subsidiaries or other train operators to minimise disruption or delay to other train services or the network. Train operators may be required to pay penalties if they cause disruption, may receive compensation wh…”

“Amendment 254 is good in so far as it goes in relation to rail freight, but other rail operators also provide public benefit and should receive a similar level of protection. The Opposition are happy to support the amendment, but we do not think it goes nearly far enough. Amendment 255 would give the ORR the power to o…”

“Clause 74 amends the Railways Act 1993. It gives the ORR a new function to monitor GBR’s delivery of its statutory functions and carry out investigations where appropriate to fulfil that monitoring. In particular, the ORR must consider how and whether GBR is carrying out the activities listed in its approved business p…”