Railways Bill

Debate between Baroness Pidgeon and Lord Reay

Committee stage
Wednesday 16th September 2026 Grand Committee

[Baroness Pidgeon (LD)]

My Lords, this group of amendments looks to consider the environmental impact of the railway and to ensure that Great British Railways take steps to meet climate change legislation, reducing the carbon footprint of the railway and using every opportunity to support the environment and indeed electrify the railway, whether that is through rail, battery or other means. There are amendments are in the name of the noble Baroness, Lady Jones, and my noble friend Lord Russell also has several in this group and has spoken clearly about the importance of these matters and the increasingly extreme weather we are all experiencing. This brings home how important this topic is to us all; we are seeing this increasingly every year.

The noble Baroness, Lady Willis, also has her really good Amendment 129, in which she talks about the deployment of solar panels and transport infrastructure —as did the noble Baroness, Lady Jones—and the solar reporting duty. We can go much further in this space. In the planning legislation last year, I spoke to some amendments I tabled on using our transport infrastructure for solar panels. In places such as Switzerland, they have installed solar panels between the tracks, while France, as is well known, is using coverings in car parks. There is so much innovation that we can learn from globally, and we must do better to capture solar panel on our transport infrastructure. I really welcome these amendments.

The point made by the noble Lord, Lord Liddle, is really valid, but these are probing amendments, trying to make sure that this is absolutely on the Government’s agenda. The long-term rail strategy, which was mentioned earlier, may well cover some of this, but I look forward to the Minister’s response on this really important area.

[Lord Reay (Con)]

My Lords, I thank the noble Baronesses, Lady Jones and Lady Willis, and the noble Earl, Lord Russell, for their amendments. There are parts of the railway that are vulnerable to flooding, extreme weather and other climate risks. GBR clearly needs to understand those vulnerabilities and ensure that the network is resilient. However, as the noble Lord, Lord Liddle, and my noble friend Lord Harper say, we need to take into consideration the administrative burdens and obligations that many of these amendments would likely engender.

There is also an important point to be made about electrification. We should recognise the contribution already made by open access operators. Lumo’s east coast fleet is entirely electric, while Hull Trains has invested in modern bi-mode trains that operate electrically wherever the infrastructure allows. Open access operators and private investment have become even more important given that, just last year, the Secretary of State for Transport, Heidi Alexander, said that any further electrification of the lines is “not affordable right now”. This demonstrates that private operators and private investment is the best way to achieve the Government’s environmental objectives.

Railways Bill

Debate between Baroness Pidgeon and Lord Reay

Committee stage
Thursday 10th September 2026 Grand Committee

[Baroness Pidgeon (LD)]

My Lords, the amendments in this group are about strengthening the requirements for Great British Railways before it is able to grant a licence and to strengthen the Passengers’ Council in areas such as safety and standards. They would also strengthen the role of the Office of Rail and Road, which is something I believe is on this Government’s agenda.

The concerns of the noble Lord, Lord Evans, about consultation-only powers, rather than real teeth, for the Passengers’ Council, and the query from the noble Lord, Lord Lansley, about ensuring that Scottish and Welsh Ministers are consulted on a licence, are both very relevant, and I look forward to the Minister’s clarification on these issues.

[Lord Reay (Con)]

My Lords, I thank my noble friends Lord Evans of Guisborough, Lord Lansley and Lord Grayling for their amendments in this group. I will address Amendments 41, 42 and 44 first.

The Government have repeatedly emphasised the importance of independent regulation under the new system. They tell us that the ORR will remain an independent and expert regulator, while describing the new Passengers’ Council as a powerful new voice for passengers. These amendments ask how much power these bodies will actually have. Under the Bill, the Secretary of State may modify GBR’s licence after consulting the ORR and, where the changes concern its functions, the Passengers’ Council.

However, consultation is not agreement. The licence is fundamental to how GBR operates and to the conditions against which the ORR will ultimately regulate and enforce its performance. If the ORR is to be the robust and independent regulator that the Government say it will be, why can the Secretary of State alter that licence without its agreement?

The same question applies to the Passengers’ Council. The Government describe it as a powerful new voice, but the Bill requires only consultation. There is no express requirement in this provision for the Secretary of State to have regard to the council’s consultation response. The Secretary of State must subsequently consider representations or objections made during the formal notice period, but that is not the same as giving the passenger watchdog a meaningful role in agreeing changes that may directly affect passenger interests.

I turn to Amendment 46, tabled by my noble friend Lord Grayling. Under the Bill, the ORR may grant a licence to a non-GBR operator only if the Secretary of State consents or if the licence falls within a general authority previously given by the Secretary of State. As my noble friend Lord Harper asks, why is that ministerial veto necessary? If the ORR—the independent regulator that the Government repeatedly tell us will remain robust and expert—has considered an application and concluded that a non-GBR operator satisfies the relevant requirements, why should the Secretary of State have the final trump card?

If the Government genuinely want an independent regulator and less day-to-day political interference in the operation of the railway, surely licensing decisions of this kind should rest with the regulator. I would therefore be grateful if the Minister could explain in what circumstances the Government envisage the Secretary of State refusing consent to a licence that the ORR considers should be granted and why that power remains necessary.

Amendment 45, tabled by my noble friend Lord Lansley, seems entirely reasonable. Where a GBR licence concerns railway assets located in Scotland or Wales, I see no good reason why the relevant Scottish or Welsh Ministers should not be consulted.