Railways Bill (First sitting)

Edward Argar Excerpts

Committee stage
Tuesday 20th January 2026 Public Bill Committees

[Sarah Smith]

Q I spend about four hours a week on a train with a toddler, so I know well that inclusion on our railways is not just for those with disabilities, although that is incredibly important. I am interested in whether you think that the provisions in the Bill around accessibility are strong enough and will go far enough to ensure that we have a railway that truly works for everybody, as it needs to if we are to persuade more people out of their cars and on to the railways, and as is right given the endeavour around net zero and the Government’s wider ambitions.

Richard Brown: Yes, I do. There are clear duties placed on the passengers’ council, for instance, to produce standards for accessibility. Those can then be enforced by the ORR or by persuasion with GBR. The improvement of accessibility is mentioned at several points in the Bill as a duty or responsibility or something that is important, and as something to be taken fully into account in planning and developing investment schemes. I think the Bill actually provides greater impetus on that score, but this is a long-term thing. There are railways with platforms and track such that you have to cross over the track to get from one platform to the other, and there has been a long-term programme of investment to try to improve accessibility with things like lifts. This needs to carry on, and ideally at a faster pace.

Keith Williams: One of the disappointing things for me, when I did the review, was that we did not really know what accessibility was. We actually had to do an audit to look at where we had accessibility to begin with, and I would encourage you to keep the pressure on that one. It is one thing to have an audit of what does and does not exist, but the next thing is to prioritise what really needs doing going forward. I think that is part of the longer-term strategy for the railway, which is in governmental hands.

[Edward Argar (Melton and Syston) (Con)]

Q I have a couple of quick questions, following on from some of the comments that you have just made. Do you think that a 30-year strategy, or whatever, is a realistic proposition, given that the Government can change every five years—it may be more than that, but there is the potential for that—and a new Secretary of State may want to draft their own strategy, which may be completely different from the previous Government’s? That is a factor of politics. By adopting the approach taken here, do you think we bring that political risk even more starkly into this space than it is currently?

Richard Brown: Unless you have a long-term strategy, you will always be condemned to short-term decision making. If you are running a business, you might have a 10, 15, 20 or even 30-year strategy, and you will need to change and adapt that according to circumstances at the time.

What I think is very important—Mr Williams has highlighted it—is that the railway assets are long-life. The trains have 30, 35 or 40-year lives, and the signalling and track last even longer. If you do not have that long-term strategy for investment and the sorts of things that you are planning to buy, taking account of new technologies, you are condemned to short-term decision making, which, to an unfortunate extent, is too often where we have been.

[Edward Argar]

Q Thank you. Mr Brown, I think it was you who mentioned the integrated business units and accountability, and you also mentioned communities and passengers. How will the Bill provide direct accountability to individual communities? How will it ensure that those integrated business units are directly and meaningfully accountable to individual passengers or an area, and that the director or MD of a particular integrated business unit is directly accountable to them rather than upwards to the chief executive of GBR?

Richard Brown: In terms of governance, they have to be accountable to the chief executive of GBR, who has to be accountable to the Secretary of State. You could say that one of the complexities of the Bill is that there are a number of accountabilities. If you are running a regional or local railway, such as Southeastern trains in Kent, particularly given GBR’s responsibility to consult with and take account of local transport plans, you cannot avoid developing a relationship with the towns, communities and mayoral authorities on your route, as well as the passenger groups. If you do not, GBR will move you on to another job, or even get rid of you.

I have run business units like that within British Rail and in privatisation, and I think the local focus is a really important feature. That is why I am really encouraged by what is happening: as each franchise comes to its end, where it can be merged with the local route management of Network Rail, it is being done very quickly. That can happen across the piece when GBR is fully up and running.

[Andrew Ranger]

Q I want to build on the points about mayors and the mayoral authorities, in the context of the devolved nations. There is a really complex picture there, particularly with cross-border travel and the different ownership of companies that may operate across the border. Do you think the Bill covers that adequately and can cope with the challenges?

Keith Williams: It is a great question. The issue, of course, is cross-border; for example, trains go from London into Wales, and similarly into Scotland. Giving total devolution was something that we looked at. There is so much cross-border traffic that you need to take that into account, so we left the devolved positions largely as they were.

Richard Brown: The Bill is pretty clear in setting out the roles and responsibilities of the Secretary of State and the devolved Administrations. In practice, these things will always need to be based on collaboration between the different organisations, which is the way you run a railway. There are inherent tensions between, for example, what the Welsh Government might want in terms of cross-border services and what might actually be affordable and in the interests of passengers, competition for capacity use, and so on. All of that will be within GBR to, not adjudicate, but work its way through, produce solutions and, where there are options, put those to the Secretary of State and the Welsh Government, for instance.

Out of that will possibly come a compromise, because not everybody will get what they want from the railway. There are too many competing people wanting different things from the railway. The great news is that all of that responsibility to co-ordinate and produce a plan for the most effective use of capacity for the different users is put on one body rather than being split between the Department for Transport, ORR and Network Rail, as it is now.

--- Later in debate ---

[Baggy Shanker]

Q If those targets are in the business plan, they cannot just be ignored, can they?

Alex Robertson: Absolutely not. The ORR will have a role to play in highlighting progress against that. We would have a role in being consulted—we have to be consulted in the development of the business plan—and our duty to reflect the interests of disabled passengers would be at the forefront of our mind as that happens. Obviously, GBR will be accountable to the Secretary of State for how well that plan is delivered in practice. I have said before that a very important change that we will need to see through the creation of GBR is how GBR is held to account in public. Those targets will be public, and it will have to account for how well it is delivering against them.

Michael Roberts: I have a lot of sympathy with where Emma is coming from. When one thinks about the experiences of disabled travellers, which are regularly reported in the media, you can understand why there is a wish to have as much certainty and traction over whatever commitments are made. Having said that, I think that the arrangement that you have indicated could be made to work. I am mindful that in London, the mayor has a transport strategy. In that, he has set out targets that TfL are delivering against for improvements to the number of step-free tube stations. For example, the strategy includes a target to reduce the difference between the time a journey takes for somebody with reduced mobility and the time it takes for somebody who does not have those impairments.

It comes down to making sure that there are the resources to back up the targetry in the plans, that there is an energetic passenger watchdog ensuring that GBR and the industry more generally are doing what they are expected to under the plans, and that the ORR is ready to enforce if and when necessary.

[Edward Argar]

Q I want to pick a little further at the accessibility point, particularly on step-free access. By way of example, last week I got a letter from the Minister—neither of the two excellent Ministers in the Committee—saying that Sileby station in my constituency, which can be reached only by very steep steps, along with 40% of other stations in the current programme, was being cut from works to improve accessibility on the grounds of funding pressures.

The reality is that there will always be tensions between what is desired and what is affordable—that is in the nature of government. Building on what you have already said, how can those tensions be resolved to meet the duties envisaged in the Bill and the aspirations that all parties in this place have for improved accessibility, while recognising that there will always be a funding tension in anything the Government do?

I was a Health Minister and wrestled with such issues when deciding what to put in primary legislation, in secondary legislation and in statutory guidance. I would argue they have greater weight than, for example, a business plan, which is vaguer, less enforceable and less tangible than each of those other layers. You have to strike a balance of proportionality. Where do you think the specific obligations on accessibility would best sit in that hierarchy, from primary legislation in the Bill, which is right up at the top and cast in stone, to a business plan, which is much less enforceable, vaguer and can be changed?

Alex Robertson: That is a good question. You have set out the challenge and the dilemma that is true for this aspect of public services, as it is for many others. I will try to answer it in this way: wherever you put it, it must allow for the consideration of the ambition to significantly—it must be significantly—improve the service that disabled passengers receive, with decisions about funding. If you separate those two, you will get into a position where you have set a target, but it is not realistic and has no plan behind it.

You have to do that and, as I have said before, do it in a way that involves disabled passengers in the decision making. Whatever the scale of the ambition, it is perfectly possible to spend good public money inefficiently and ineffectively, and not on doing what is in the best interests of disabled passengers. It is about doing it right, as well as the amount you do.

Emma Vogelmann: From Transport for All’s perspective, as has been picked up by many others, unless accessibility is enforceable, it is treated as an optional and a nice to have: “We will get to it when we get to it, or when there is a surplus of money,” which of course there rarely is.

We have seen initiatives to make changes in the name of affordability; I am thinking particularly about the proposals to close ticket offices at stations in England a couple of years ago. That was very much an economic argument about staff not being confined to the ticket office, but in practice, for disabled people that meant that the network would become increasingly unusable and a completely unviable mode of transport for some.

I agree with what was said about needing a balance between ambition and the reality of how far those ambitions can go, but we need to be ambitious. We need to make sure that we are not accepting a slower rate of change because it is more economically secure.

Ben Plowden: Going back to a point I made before, I think the Bill should set the strategic intent that accessibility should increase over time, not just that it should be taken into consideration by GBR and the Secretary of State. The Bill should also set out how that increase is delivered. To Alex’s point, that could be done in a number of different ways, such as through service provision, infrastructure investment and so on, that would then be set out in the subordinate documents such as guidance, the licence and the business plan. The intent in the Bill would clearly be that, over time—in a way and at a rate to be determined by those other processes—accessibility would increase, not just be taken into consideration,

Michael Roberts: You have exposed exactly the difficulties in trying to navigate through all these challenges and priorities. At the risk of motherhood and apple pie, I think co-creation with the disabled community is extremely important in trying to find a way of managing these different priorities that carries the confidence that that is being done with the full consideration of the needs of the disabled travelling public.

I also think legislators ought to think, “What are the mistakes that we want to try to avoid next time around?” and then think about what levers can address those mistakes. It is extraordinary that the industry is spending over £1.5 billion building a new station at Old Oak Common, and there is no level boarding for the Elizabeth line, which is the busiest railway in the UK. I am not sure that legislation is going to fix that—that is as much about the quality of decision making within the industry—but thinking about what good looks like and then working back and thinking, “Right. What are the ways in which we can best promote that?” seems like a good way of trying to think around the problem.

[Laurence Turner]

Q I have a follow-up about passenger growth targets and freight growth targets. This question is not new: the freight growth target is inherited and was included or announced in the Williams-Shapps plan for rail White Paper. Mr Plowden, I am conscious that this was before your time in your present post, so perhaps this is for other witnesses. Given that we cannot question the previous Government in this Committee, based on your conversations and representations, why did the previous Government decide not to bring forward a passenger growth target alongside a freight growth target?

Alex Robertson: I do not know—I mean, I really do not know. We never got as far as having the Railways Bill in Parliament; we are fundamentally redesigning the railway, and that creates a different framework and a different set of responsibilities. I do not know; I have struggled with that question a little.

Ben Plowden: The Government did say, in their response to the consultation, that there are two reasons why, having considered the possibility of a passenger growth target, they decided not to include one. One reason was that GBR would be sufficiently incentivised through a whole variety of other means to increase passenger demand. The second reason, which I think is less convincing, is that it might lead to infinite growth over time in principle. Clearly and logically, that is possible, but the point is that the Secretary of State would set a growth target that would seek to strike a balance between what is feasible and practical, and what could be afforded in terms of taxpayer investment. It seems to us that neither of those arguments necessarily stands up, and that logically you would want to include a passenger growth target alongside the freight one.

Railways Bill (Second sitting)

Edward Argar Excerpts

Committee stage
Tuesday 20th January 2026 Public Bill Committees

[Baggy Shanker]

Q Are you saying that we do not need any changes in this area?

Steve Montgomery: We can modify it, but we need that comfort that it will be evaluated fairly and not have the constraints of GBR putting everything in front of it, saying, “We might use those paths in the future again”. We cannot have that; we need certainty. As I said earlier, we need the opportunity to allow investment in the railway. If private sector investment is coming in while there are paths sitting there not being used, that means that we are not funding the industry up to the capacity that it may have.

John Thomas: There are no protections in the Bill for open access operators. As Keir said, freight is mentioned at least 100 times and there is a freight growth target that GBR must have regard to, but there is nothing on open access. There is an inherent conflict when you have a body that will be granting access to its competitors. We would rather see the Office of Rail and Road still making those decisions. We accept that that is unlikely, because that is not the direction of travel from the Government, so as a minimum we think that a fair and non-discriminatory provision in relation to GBR decisions will help.

We think, as I said earlier, that the provision for ORR to have regard to the benefits of competition in hearing appeals will help. It will not be as sufficient as today. This is not part of the Bill, but we think that the access and use policy ought to carry on with the not primarily abstractive tests. It is not just because of lack of capacity that decisions have been rejected in the past; as Steve said, it is the revenue abstraction test as well. There is nothing to stop GBR increasing test in terms of the level of abstraction that is allowed before not granting access to open access operators. There is a lot to be worked through in the access and use policy to protect open access operators but, as I say, there is nothing whatsoever in the Bill to protect them at the moment.

Maggie Simpson: We recognise that the current system is not perfect, but my members want to understand two things: first, if they are running a train today that their supply chain relies on, that they can reasonably expect to be running that train in the future. Today, the ORR would have a presumption of continuity—forgive me, this is not in the Bill—so if we came to the end of an access contract they would let the trains go into the next one. The infrastructure capacity plan process is different: it throws everything up in the air. People are really worried that they will commit and invest against a service that their supply chain relies on, and then in future something else will be judged to be better value and they will be taken off the network.

Secondly, when people are looking at investments, whether that is a new port or a new terminal—a new interchange might be a £1 billion investment—they need to have a sense that the capacity for the trains coming out of that interchange will be there when they need to use it. The current system has more capacity for that. That is why clause 63 worries people, because they think that that capacity could be taken away from those trains.

John Thomas: Clause 71 is also a real concern for us, because it allows the Secretary of State to establish regulations to amend or even abolish access rights or access contracts. That seems quite a draconian power to us. We have been assured that that is not the intention, and that the intention is to use that power to amend contracts so that they are operable in the new structure. Our view is that the clause should be limited to enable contracts to be operable in the new structure, and not to give the Secretary of State unilateral powers to amend or abolish access contracts or access rights. Again, that will make private sector operators really nervous about future investment. I agree with Maggie: I get no impression that the current Administration would ever use that clause—but, if you are never going to use it, why have it in there?

[Edward Argar (Melton and Syston) (Con)]

Q A brief question from me: in this morning’s session my colleague Ms Smith highlighted 19—and counting—different documents, plans and strategies that are referred to here. This Committee has not had any sight of drafts of them yet and I am conscious that nor will you, but they will be fundamental to how this works or does not work in practice. Recognising that you have not seen the documents, what assessment would you make of the Bill’s provisions on how, for example, the access and use and the infrastructure capacity policies will be produced? How should they be produced to properly reflect both the needs of an effective railway and the multiple groups with a stake in this? How can they be framed to ensure that GBR, which will essentially be a monopoly provider with a weakened regulator, is meaningfully held to account for what it puts in those policies?

Maggie Simpson: My members and I are working collaboratively with Network Rail colleagues and DFT colleagues to try to ensure that those policies and plans are going to be written in the right way. It is fair to say there is a lot of work still to be done, particularly on capacity allocation. On track access charges we feel a little more comfortable with the Bill provisions and that we will get there, but on capacity allocation there is a huge amount of work yet to be done.

Some of that work is practical stuff around the interplay between capacity plans on different routes, regions and sections of network, which could be quite big or quite small, and how we wind a freight train through what could be 10 or 20 different infrastructure capacity plans. There is a lot of work to do. There are great people working on this, so let us hope that they get there.

In terms of how GBR is held to account, that is a macro question for this Committee across a lot of different aspects. There are lots of powers in the Bill that you will have seen going in both directions between GBR, the Secretary of State, the regulator and so on. Our focus is on that appeals function, which I have already spoken about.

[Edward Argar]

Q Gentlemen, do you have anything to add?

Steve Montgomery: I do not think we have much more to add, other than that, given the way the Bill is written at the moment, how can you be comfortable with what is in the Bill when you cannot see what is in the licence conditions that are going to be set out? As it stands, clause 63 at the moment can override everything. We would need to see how, when you word the Bill in a certain way, and then the licence, we can get more comfortable with it when they write it up in the access conditions.

John Thomas: The licence is a bit of a worry for me, because of all the indications, as we have been discussing, of ORR’s weakened powers. For example, it will not be able to enforce business performance in future. It will be able to advise the Secretary of State, who can then decide whether to take enforcement action or whatever action she deems necessary. That is a far cry from the current licence, which is a much stronger Network Rail network licence. We have not seen it yet, so we cannot really comment, but all the indications are that it would be a much weaker licence for GBR than under Network Rail.

As Maggie said, there has been good communication with DFT and Network Rail on the access and use policy, for example, but what are the checks and balances on GBR to create something that is fair and non-discriminatory? As one example, the charging framework is really good. It is based on the current framework of cost directly incurred plus a mark-up; it says—this is a point of detail—that if the operator can bear it, it needs to revert back to whether the market can bear it. On the whole, the provisions are good, but there are different ways of calculating charges even based on those principles. My worry is this: what is the incentive on GBR not to increase charges to price people off the network in order to support its own services? As long as there is good engagement and GBR, in the future, and Network Rail and DFT now, listen to us, that is all we can do at this point in time.

[Laurence Turner (Birmingham Northfield) (Lab)]

Q As I did in this morning’s session, I draw attention to the fact that I am a member of Unite. I have a few short questions, primarily to Ms Simpson to start with. We heard from some of our witnesses in this morning’s panels that they would like to see a passenger growth target in the Bill on an equivalent basis to the freight growth target. I am interested in your reaction to that proposal.

Maggie Simpson: It is not my business to talk about the passenger railway. We see two things as important in having a freight growth target: first, it is a statement of Government commitment to growth, which is hugely powerful; secondly, and importantly, the people who are going to be running GBR are going to spring out of bed every morning and say, “It’s my job to make my trains run on time,” and the freight growth target makes them say, over their Weetabix, “Yes, and I must make freight run on time as well.” It is the incentive effect of having a growth target.

We have seen that effect really powerfully with the freight growth target that the Scottish Government and Whitehall have set, in that it changes the dynamic and the culture. I think—perhaps you would say I am biased— that people think about the passenger railway all the time, so I do not see that that incentive effect is as necessary—but in terms of other factors, I leave that to others.

John Thomas: May I add to that? I think a passenger growth target is really important. At the moment, the duties for GBR only include improving performance. You can improve performance, as we saw during covid, by cutting the number of services, but that is not necessarily in the best interest of customers. We think a balance between a performance target and a passenger growth target is really important.

--- Later in debate ---

[Laurence Turner]

Q Picking up on a point that was made by witnesses on our devolution panel, the geography of, say, West Midlands Rail Executive does not overlap entirely with the geography of the combined authority. Similarly, there might be a case for reaching a clause 5 agreement with more than one mayoral authority at the same time. Does the clause as drafted allow the flexibility to reach an agreement directly with, say, West Midlands Rail Executive, or a combined agreement with the East Midlands combined county authority covering the cross-country service?

Keir Mather: I think we have been really clear, and the provisions in the Bill support this, that GBR needs to be organised locally so that it can work really collaboratively with local leaders, and it is through the business units that it has to devolve that responsibility to as close to decision-makers as possible. MCAs are the right level, in terms of being a catalyst for economic and housing growth, but you are right that the challenges around rail infrastructure and service provision, even though the solution to a lot of them may be set by MCAs, are inherently cross-border. I would expect GBR to be able to fulfil a role in facilitating the ironing out of those differences, for the good of everyone, on a cross-border basis.

[Edward Argar]

Q One of these questions will hopefully allow for a yes-or-no answer; the other might be just a date. First, we have heard a lot from witnesses about how much is in the Bill, but also how much is not, and how it is reliant on the building blocks. Will the Minister commit to publish a draft of the licence before the Bill leaves the Commons so that it can be considered by MPs?

Keir Mather: Yes.

[Edward Argar]

Q Thank you. Secondly, one of the most important things for passengers is the cost of rail travel, so when will passengers under this Bill and this plan see fares not just frozen but reduced?

Keir Mather: We think there are benefits from consolidation in terms of building a more efficient railway, which we are confident will be able to build a more efficient system for passengers. We hope that that will reduce costs. The Secretary of State also has power through the Bill to set guardrails on fares, which are a really important part of the system. Unfortunately, I have not brought my crystal ball with me today on the exact time when fares may increase or decrease.

[Edward Argar]

Q Finally, it has been indicated that GBR’s ticket functions, website and app will be subject to the code of practice, and in theory enforced by the ORR, backing this up. Ben Plowden highlighted that in his evidence, and others mentioned it. Is it the case that GBR’s ticket functions will be subject to the code of practice in full?

Keir Mather: It is my understanding that GBR’s functions and operational work when it comes to ticketing will be subject to the code of practice, yes.

[Andrew Ranger]

Q On the devolution aspect, how does the Bill reflect the interests of passengers and businesses’ needs, particularly in Wales, and ensure that the Welsh Government have sufficient input into decision making?

Keir Mather: The Bill requires the Secretary of State to obtain the consent of Scottish and Welsh Ministers before they issue a direction that directly affects passenger services. That means that there is a robust ability for the devolved Administrations to play their role in thinking about how we have joined-up services. In Wrexham and across north Wales that is incredibly important, as we go through into north-west England.

It is also important that GBR is able to carry out work across the four nations that does not conflict with the aspirations of the devolved Administrations to pursue their own rail ambitions. For example, the Scottish Government have stated very clearly that they want to pursue a vertically integrated railway. GBR needs to complement the aspirations of the devolved Administrations and create close bases on which we work.

I am really pleased to say that it seems that, from a Scottish Government perspective, they are happy with the balances and accountability measures in the Bill. They think—I would not want to put words in their mouth, but they can correct me if I am wrong—that it forms a strong bedrock upon which we can start to take these conversations forward.

Railways Bill (Third sitting)

Edward Argar Excerpts

Committee stage
Thursday 22nd January 2026 Public Bill Committees

[The Chair]

I advise Members that any clauses or amendments that I announce in a grouping are debated at that point, although some of the decisions—that is, the votes—might come not at that point, but later. We will decide on amendment 257 and clause 1 after this debate; we are also discussing new clauses 24 and 38, but the decisions on those will come later. I hope that that is helpful and that it will help Members with other groupings we debate.

[Edward Argar (Melton and Syston) (Con)]

It is a pleasure to serve under your chairmanship, Mrs Hobhouse. My hon. Friend the Member for Broadland and Fakenham has already addressed clause 1 in broad terms, so I do not propose to repeat what he said, other than to express my agreement with his concerns about the unintended consequences and potential impact of nationalisation on passengers. I recognise that that is the Government’s decision and that, with their majority, they will be able to carry it—unless they have a huge rebellion on a scale we have not seen before, which is highly unlikely.

Let me address my hon. Friend’s new clause 38. As a Government Minister, I saw that the easy bit was coming up with a strategy and pushing some legislation through the House; the hard bit—and the bit that makes the difference as to whether something works for our electorate and for the great British public—is the implementation and delivery of the intent behind the strategy or legislation. There can be no doubt that this legislation is complex and represents a significant change to a service and industry that is relied on by many, day by day, up and down this country.

The Minister knows I have a lot of respect for him. He has risen up through the ranks rapidly but justifiably through his abilities and talents. I have seen in the past his willingness to listen and reflect on different perspectives, so I gently encourage him to look at new clause 38 with an approving eye. It is not onerous. It is a written ministerial statement that my hon. Friend the Member for Broadland and Fakenham proposes, which is not a challenging thing to produce in a Government Department and then lay before the House. Although on occasions such scrutiny might test the Minister’s patience, I have to say with the benefit of hindsight that the scrutiny that comes through that publication and having to go through the process of summarising where we have got to in implementing a policy can often lead to that policy being kept on track and to course corrections as it is implemented, and can genuinely improve outcomes and delivery for the public.

I conclude by gently commending my hon. Friend’s proposed new clause to the Minister. I hope he will look at it with an approving eye or at least an open mind.

[The Chair]

We now look forward to the Minister responding on amendment 257, and on new clauses 24 and 38, although he might be relieved to hear that he does not have to make a decision on those today.

--- Later in debate ---

[Olly Glover]

Of course, taxpayers pay for a wide range of services, public or otherwise. Too often, the railway has been viewed almost uniquely, with the high expectation that it covers its own costs. The key challenge with a rail fares freeze is that it needs to be fiscally responsible. While the one-off gesture is welcome, and relieves some of the pressure that has built up over the last few years during the cost of living crisis, our measure for the future is, we believe, more fiscally responsible. A cap on fare increases that does not exceed the rate of inflation should become the default, and should be reviewed as part of each five-year funding settlement.

We also advocate for extending, where not currently provided for, a 50% discount on all train fares for passengers aged under 18 to address the anomaly of fare rates for young people aged 16 to 18. We want a tap-in, tap-out method of ticketing that is consistent across the countries of England, Wales and Scotland.

[Edward Argar]

May I ask, on a factual point, what assessment the hon. Gentleman has made of what the cost of that 50% discount would be?

[Olly Glover]

I have not made an assessment of it at this moment. But that is not unique: at this stage in the parliamentary cycle, the right hon. Member will find that a number of the Conservative proposals that are debated in this place have not yet been fully costed—

Railways Bill (Fourth sitting)

Edward Argar Excerpts

Committee stage
Thursday 22nd January 2026 Public Bill Committees

[Keir Mather]

I thank the shadow Minister for that clarification. I want only to add, as a further clarification, that in the future GBR will account for about two thirds of passenger services in Britain, and GBR infrastructure will make up 90% of station stops. It is quite important to give that level of context, so that people can better understand the impact that these changes in the railway will have on their lives.

Amendments 3 and 4 would limit GBR’s research, advice and standards development functions to only the railway and services managed by GBR. I reassure the shadow Minister that the vast majority of research and innovation carried out by GBR will relate specifically to the services that it provides and the operation and maintenance of its network.

However, research, development and innovation tend to be general in nature and application. It is critical that GBR’s research, development and innovation should be able to support the wider rail network, not just the elements that GBR manages itself. Collaboration between the independent parts of the sector on learning and innovation is, we argue, crucial for the rail network to operate as an integrated whole, and limiting this function could arbitrarily restrain wider adoption of best practice. Various organisations, including Network Rail and train operating companies, currently publish standards adopted on the railway, so this is not a unique or abnormal practice. However, these amendments could arbitrarily constrain it and might even hinder GBR from supporting research that might bring benefits to parts of the network, or services, not managed by GBR.

Amendment 5 seeks to return responsibility for taking access decisions to the ORR. That is one of the fundamental questions sitting at the heart of our debates on the Bill. The amendment is contrary to the Government’s manifesto commitment to establish GBR as the directing mind for the railways. It would reintroduce the fragmentation and conflicting accountabilities that exist in today’s system. At present, there is no single body in charge of taking a whole-system approach to making access work. That leads to conflicting opinions about what services can fit where and when. Differences in view between Network Rail and the ORR cause delays in producing the timetable, hindering efforts to tackle congestion, disruption, cancellations and overcrowding. The current system is not fit for purpose: it lets passengers down every day, and taxpayers are not getting value for money.

In the current system, the absence of a single directing mind, with a single set of objectives, leaves us with ridiculous situations such as the recent 7 am Manchester service that was set to travel with no passengers on it. I do not understand how hon. Members can think that continuing the current system benefits anyone, least of all passengers.

The Government have been clear that for GBR to have the space and authority to take access decisions consistent with the best use of the network, the ORR’s current role must change. GBR must be the decision maker on access; it must have authority and full accountability for what happens on the tracks. The ORR will play a key role as a robust appeals body that ensures that GBR’s decisions are fair. Without one body in charge of taking access decisions, we cannot deliver the performance improvements that we have promised passengers and the public.

Amendment 6 would remove the delegated power for the Secretary of State to confer further statutory functions on GBR in the future. Although clause 3 has been drafted to cover the breadth of activities that we expect GBR to undertake, it is responsible to legislate with proportionate flexibility. For example, in the future there may be new technologies or other responsibilities relating to the railways that GBR would need to take on. We heard in oral evidence on Tuesday that the advent of artificial intelligence and wi-fi are two examples of that type of change, and that witnesses understood the need for this type of flexibility for GBR.

There is precedent for this type of power in legislation. For example, the National Health Service Act 2006 includes a power to add functions to special health authorities specified in regulations. That power is already limited to adding new functions that relate to the railways; any regulations conferring new functions would be subject to the affirmative procedure, which would ensure suitable transparency and parliamentary scrutiny.

Amendment 241 seeks to require GBR to act

“in a fair and non-discriminatory manner”

when carrying out its statutory function in clause 3 —specifically, when GBR is providing back-of-house functions to facilitate railway services run by operators other than GBR, such as a journey planner. The amendment is not needed, because the duties set out in the Bill will govern GBR’s behaviours when carrying out its statutory functions. I assure the hon. Member for Broadland and Fakenham that the duties will require GBR to act in the interests of the public, taxpayers and passengers. GBR will act fairly and in accordance with its duties, not only when exercising this function but across the full range of its statutory functions.

In addition, competition law will apply in full to GBR. This requires GBR to act in a manner that is fair, non-discriminatory and not anti-competitive. Both the ORR and the Competition and Markets Authority will regulate GBR’s behaviour against its competition law obligations, so I hope that hon. Members will be assured that GBR must always treat all private operators with fairness and in a non-discriminatory manner. Given those safeguards, the addition proposed would be duplicative.

I turn to new clause 15, which seeks to implement a statutory electrification programme. Living near Selby station, I know better than most that rail electrification is important, including to realise the Government’s wider goals of decarbonisation. The hon. Member for Didcot and Wantage ably set out the fact that decarbonisation is not the sole efficiency and aspiration that can be realised through electrification. We fully realise the need to reduce the cost of electrification and accelerate the delivery of committed schemes in comparison with past experiences.

We are currently developing a long-term strategy for rolling stock and associated infrastructure. That will be published in the summer and will consider the future approach to electrification. That being said, a legislative duty to carry out an electrification programme is not the right way to deliver these important upgrades. In the effort towards net zero, electrification may not always be the right solution—although the hon. Member for Didcot and Wantage made a well-reasoned case as to how, in many cases, it is. Other opportunities, such as trains powered by batteries, may be more appropriate. It is also hard to predict the pace at which battery technology and other alternative technologies will progress over the next 20 or 30 years, and what that means for the extent of electrification that will be needed as we move towards net zero.

[Edward Argar (Melton and Syston) (Con)]

I appreciate the Minister’s points. How does he see the drive towards electrification, for all the good reasons he has set out, sitting with building a degree of resilience into the rail network? The hon. Member for Nottingham South, the other Minister, may have experienced the problem that I had last weekend, when, due to attempted overhead cable theft, a load of trains through the east midlands were cancelled. That happened because there is no back-up mechanism to move those trains if the electrical supply is not there. How do we square that circle of making sure that a bit of resilience is built in?

[Keir Mather]

The right hon. Member makes an important point about resilience on the railway; it complements the points made by the hon. Member for West Dorset about the fact that we live in a changing climate. That creates pressing resilience challenges across the breadth of the railway. The right hon. Member makes a good point about not being over-reliant on one technological mode. That being said, I hope that, through an overall transition towards decarbonised rail transport, alongside the other decarbonisation measures that the DFT is taking across the piece, we will be sufficiently resourced, capable and in pursuit of innovative solutions to make sure that electrification can play a prominent part in the future of the railway.

We believe that the way to achieve that is to have something more flexible to future direction and opportunities, such as GBR’s business plan, which is already provided for in the Bill. Of course, the rolling stock and infrastructure strategy might be more appropriate as a way to set out GBR’s plans for electrification rather than their being in the Bill.

We move to new clause 20, which would require GBR to work towards climate change targets. I assure the Committee that the environment will form an important part of GBR’s considerations through various mechanisms already included in the Bill. One of the strategic objectives for the long-term rail strategy will be environmental sustainability. GBR will have a duty to have regard to the Secretary of State’s long-term rail strategy and a general duty to make decisions in the public interest, which includes environmental considerations, when developing its business plan. Finally, it is important to point out that Network Rail is not currently directly obligated to deliver on those targets, but has still published “The Greener Railway Strategy”, which includes targets on net zero, climate adaptation, air quality, biodiversity and other environmental areas.

To conclude, we remain committed to addressing the environmental challenges faced not only by rail, which is already a comparatively green way to travel, but across all transport modes, and GBR will be an important partner in that work. I hope that hon. Members have been reassured and will consider withdrawing their amendments.

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[Olly Glover]

Amendment 130 and new clause 8 constitute a Liberal Democrat proposal to introduce a 21st century update to passenger charters. I shall seek to be concise; in the unlikely event that hon. Members would like to hear more, I should say that I gave a ten-minute rule Bill speech on the subject in the House of Commons yesterday.

For context, given above-inflation fare increases over many decades, which I alluded to earlier, the modern rail passenger rightly expects more than they often get. On-board amenities are generally not subject to any form of compensation provision should they not be available. Indeed, passenger charters generally make good noises about having such amenities, but they do not get the same guarantees for them as they do for delays.

The issue is not necessarily about moving to this tomorrow; there are many older trains on our network that require either upgrading or replacement with modern amenities, but where the amenities exist they should be provided. It should no longer be considered a luxury to have functioning wi-fi or a mobile phone signal so that people can be productive on the train. Toilets should be reliable, a seat should not be considered a luxury—a standard class ticket does not entitle one to a seat—and there should be adequate space for luggage, pushchairs, bicycles and so on. In so doing, we will make the rail offer more attractive to the travelling public and ensure that people do not have bad experiences, as did my friend Jen from Wallingford who, after a particularly terrible journey between London and Glasgow on Avanti West Coast, has now returned to driving, even though the distance is—off the top of my head—some 350 miles.

Our proposal would require the Secretary of State to lay a passenger charter before Parliament within six months of the Act’s being passed. That updated charter would look at providing value-for-money guarantees not just for delays, but for provision of other amenities, with reasonable waivers such as for journeys under 30 minutes, which can be subject to commuter-heavy loading at peak times.

The whole principle of delay repay should be protected. I keep hearing rumours—I have no idea whether they are true; perhaps the Minister could give us assurances that there will not be any attacks on delay repay. We should be proud of it, as it is a much more generous compensation provision than in any other European country and it should not be diluted or reduced to save costs. Instead, we should focus on preventing delays and managing delays better so that we do not need to pay so much delay repay. That compensation provision should be extended to other onboard amenities, so that there is an incentive to create a 21st century onboard environment that enables us to retain our existing passenger base and attract far more people to our railway.

[Edward Argar]

I have only a few brief remarks to make. Having read both new clause 8 and amendment 130, which is effectively consequential, I say to the hon. Member for Didcot and Wantage that they appear to be perfectly reasonable and sensible proposals that seek to focus, as we should be doing, on the passenger. I have a couple of points consequent to that.

I see the intent behind the provisions; my only query is that I cannot see in the language of the new clause or amendment where the teeth are when it comes to enforceability. I suspect that the hon. Gentleman has in mind exactly how that would operate, but I would be grateful if he clarified how the provisions would be enforced and where the teeth are when it comes to the travelling public. I also associate myself with his question to the Minister, about delay repay.

The focus of all we are doing should be on the passengers—the service users of our railways. The passenger has paid to use that service. Again, I hope the Minister will take the opportunity to confirm on the record that there is no intention to weaken the delay repay scheme once GBR is in operation. The key is for the Government, rather than seeking to weaken delay repay to save money, to actually put their money where their mouths are and be confident that GBR will improve reliability. That way, GBR will not have to pay out so much because the trains will be doing what they are there to do for the travelling public. I hope the Minister can give that assurance as he winds up.

[Edward Morello]

I speak in support of my hon. Friend the Member for Didcot and Wantage’s passenger charter. I recommend that any Member who was otherwise engaged to go and listen to his ten-minute rule Bill, which outlined it in far greater detail than I will today.

[Edward Argar]

I have it here!

[Edward Morello]

It is excellent reading—something for the train on the way home. It lays out why the passenger charter is so key to delivering a better experience for rail users. The Committee will spend a lot of time talking about rail upgrades, shorter journeys, passing loops and all the things that we should discuss—it is easy to understand why we focus so much on shorter passenger journeys—but the passenger experience is also key. When I agreed to sit on the Committee, I said that if I achieved anything from it I hoped it would be the return of the buffet trolley to any train going anywhere near West Dorset.

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[Keir Mather]

The hon. Member can intervene again if I have misunderstood his point, but I think there is a lot of utility in the fact that GBR, by being able to direct passenger services as well as having responsibility for long-term infrastructure such as stations, provides a coherent basis on which to tailor the passenger experience across the multitude of ways in which passengers engage with the railway and its infrastructure. From my perspective, it actually removes issues in cases in which competition may not be what is best for the passenger—where there is an offer in the catering car on their service down to London, but also a small business running a café from the station. We will have more of an opportunity to offer a holistic service for the passenger.

It is also important to me that we do not want to fix the passenger offer in statute. We want GBR to be able to adapt to passengers’ needs as they change over time. For example, I cannot imagine that many were thinking about wi-fi when the Railways Act 1993 was passed, but we know how fundamental it is to social and economic connectivity for passengers on the railway today.

To ensure that GBR does a good job of managing the passenger offer, the Bill will also establish the passenger watchdog, which will have strong powers to act in passengers’ interests. The Government and GBR will have to consult the watchdog when developing their policies, strategies and priorities for the railway, including when GBR is developing its business plan and passenger offer, and GBR will be expected to take account of the watchdog’s advice. The watchdog will also set minimum consumer standards, covering areas such as accessibility and passenger information.

The Secretary of State will have the opportunity to prioritise the needs of future passengers through the long-term rail strategy.

[Edward Argar]

The Minister has just said that the watchdog will have strong powers, but then uses words like “consultation” and “taking account of”. I have taken Bills through this place, and there are other words, like “should”, “could” or “must have regard to”—in fact, Bills rarely say, “must”; they normally say, “should pay attention to” or “should heed”. What actual powers will the watchdog have to compel GBR or the Secretary of State to take a particular course of action?

[Keir Mather]

That is a very important point. I thank the right hon. Member for his contribution. The passenger watchdog will have the ability to make sure that GBR is compliant with minimum consumer standards on accessibility and information—this will be an independent power to directly monitor the passenger experience—as well as investigation powers, including to demand information by a deadline. It will be fully established within 12 months of Royal Assent of the Bill, so it will be stood up quickly to provide the oversight that it needs to provide.

The Secretary of State will also have the opportunity to prioritise the needs of future passengers through the long-term rail strategy, as well as her statement of objectives, which must be addressed by GBR in its business plan, which itself must be signed off by the Secretary of State under the new funding process. It would therefore be inefficient and duplicative to create yet another document to achieve the same aims.

Let me turn briefly to delay repay. The passenger watchdog can set standards that relate to delay repay. It is namechecked as an example in clause 46, and delay repay will still be available under GBR. The Opposition spokesperson—

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[Edward Argar]

I regularly find myself agreeing with the hon. Member for West Dorset—possibly to the detriment of us both—on a whole range of things, and I agree with the Liberal Democrat spokesperson again on this occasion.

My hon. Friend the Member for Broadland and Fakenham is right to highlight that amendments 133 and 35 are not dissimilar in their intent and in what they seek to achieve. It is important, notwithstanding what the hon. Member for Birmingham Northfield says, that while we do recognise the desire and the need to drive up an increase in the use of railways for transporting freight, at the moment we risk disproportionately focusing on that to the detriment of traveling passengers. If there was any tension there, I would posit that freight may win out.

Yet in the Bill, it is the traveling passengers who will be not only paying for their tickets but essentially, as taxpayers, paying to subsidise or backfill any additional funding needed for the railways as a nationalised industry. Given that, it is vital that the passenger is front and centre of the thinking behind the Bill and how GBR comes into being. My hon. Friend the Member for Broadland and Fakenham rightly highlighted the importance of the culture of the organisation. It may inherit DNA from predecessor organisations, but GBR will be a new organisation, and that gives the Minister and the Secretary of State an opportunity to help shape that culture.

I have a genuine concern that in what is being done, the power of the passenger—of the paying public or the market—is diluted by virtue of creating what is essentially a state monopoly in GBR. What the amendments proposed by both my hon. Friend the Member for Broadland and Fakenham and the hon. Member for Didcot and Wantage seek to do is to put the passenger back into the mix in some way, and require that their voice has to be heard alongside that desire to drive up usage for freight. If there is a target or an obligation on GBR to drive up passenger numbers, it will have to be responsive to what passengers want, what they see and the experiences they have on the railways, which will drive them to use those railways more often.

I take the point made by the hon. Member for Birmingham Northfield, who knows of what he speaks. But at the moment, with the perfectly reasonable desire to increase the use of railways for freight, we risk that being unbalanced to the detriment of the passenger and their voice not being heard. For that reason, I am supportive of both amendments in seeking to make sure that the passenger remains front and centre of how GBR operates.

[Keir Mather]

I genuinely thank the shadow Minister, the Lib Dem spokesperson and Members from across the House for their considered and meaningful contributions on this matter. It shows the strength of feeling that we all have about making sure that the passenger experience sits at the heart of the way that our railways function. On the detail about the length of trains, which I agree is an interesting point that has been teased out in this debate, the rolling stock strategy that the DFT is bringing forward will have specific regard to the issue of train length. That will hopefully assuage some concerns.

The shadow Minister also pointed to the potential deficiencies in Network Rail caused by having an operational focus on the maintenance of infrastructure as opposed to promoting the needs of passengers. I would contrast that with the point that a lot of the issues that come with accessibility on the railway and sufficient provision of passenger services arise as much from the access regime and diffuse accountability as they do from cultural or institutional failings in Network Rail. In the current system, access is ultimately decided by the ORR and timetabling by National Rail, and we can end up with a situation where there is a 7 o’clock train from Manchester Piccadilly to London with no passengers on it. The existing system cannot put passengers at its heart, because its decision making process is too disjointed to be able to look at the railway in a holistic way. That is what the Bill is seeking to change.

As all amendments in the group relate directly to the notion of passenger numbers and increasing the number of passenger journeys, I will respond to them as a whole. As a commercial organisation, we believe that GBR will be naturally incentivised to drive up revenue through growing its passenger base and attracting more people to use the railway. GBR must also have the flexibility to determine how it can deliver on that ambition without adverse incentives, for example to congest the network at the expense of passenger experience, being established.

The Bill already includes a duty for sector bodies, including GBR, to promote the interests of users and potential users. That will require GBR to consider during decision making how to encourage new users on to the railway. That is a natural incentive to grow passenger numbers to enable them to realise the benefits of rail travel. That might include working towards encouraging modal shift, extending the network to areas with poorer connectivity or making informed choices to grow different types of services, such as leisure journeys.

In discharging its full remit of duties, including in particular its public interest and making efficient use of public money duties, GBR should make sensible, rounded decisions on where to target passenger growth across the network. It should do that in a sustainable way, and not to meet a passenger target frozen in aspic that might not be appropriate for the needs of the railway at the time. I urge hon. Members to withdraw the amendments.

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[Olly Glover]

I thank the hon. Lady for her comments. I think that absolutely was our intention. Perhaps the placement of commas, or semicolons or colons, or dashes if one prefers them—I cannot stand them personally, but some people love them—would have made that clear. The key thing that we are getting at, the thing that is critical, is the last five words of our amendment:

“authority with statutory transport responsibilities.”

We listed all the ones before that just because it is all so complicated and convoluted. But that was absolutely the intention. I think it is perfectly possible, if the Minister can offer an assurance that the intention is not to exclude any parts of the country that do not benefit from mayoral strategic authorities and can say a little about how he feels that the gap in clause 5 will be covered, that that will be enough to give us some assurance.

[Edward Argar]

I will speak relatively briefly about a slightly tangential but linked point about co-operation with local authorities. My hon. Friend the Member for Broadland and Fakenham has already made the point about non-mayoral authorities. Whatever the direction of travel by the Government, there will still be a significant number of areas not covered by a mayoral authority when the Bill—should it pass through Committee and the House—comes into effect. I think that the wording of clause 5 risks excluding, even if only for a time, a number of relevant local authorities.

I have broader concerns about the duty to co-operate—the duty to work together. Rightly, it focuses on the operation of the railways, and that link, I suspect in intention if not in drafting, with transport authorities. However, there is a need—if this is not written in the Bill directly, perhaps the Minister can explain how he envisages it working in practice—for broader co-operation by GBR with local authorities.

To give an example, in Syston in my constituency, we have the very real challenge of flood risk around the brook that runs through the centre of the town. Lots of work has been done by the local flood group and others to reduce that risk and to get the Environment Agency to take steps to clear the brook, which I have also been very active in, but one of the key issues that remains is a pinch point in the brook under a railway bridge, an asset of Network Rail. The problem is a footpath that is built alongside, under that bridge, that takes up a chunk of what could be waterway with a bank. An idea has been advocated to me by members of that group, and especially by Chris—I will not use his full name—who is a very active member. He suggests, “Couldn’t Network Rail be persuaded to remove the footpath and the bank and instead come up with an engineering solution, a metal bridge or metal footpath, that allows water flow underneath?” That sounds like a sensible and practical idea, and I will of course press it with Network Rail, but I use it as an example of an issue that often occurs when railway assets are, quite rightly, very carefully protected by Network Rail because of the impact on passenger trains and safety aspects.

The situation can be incredibly difficult. I have not yet tried my luck with Network Rail—hopefully it is listening and might be receptive—but it can be very difficult to get it to agree to change its assets at the request of the local flood authority or council, for example, and co-operate because it sees that as a significant expense and a potential disruption to the railways. While I hope that I will receive a constructive response in due course, will the Minister address how, if he is not including this in the Bill, he would envisage GBR being obliged to work in a co-operative and constructive fashion with local authorities and other public bodies when their assets are part of the mix of that conversation?

[Rebecca Smith]

I will touch briefly on two points that are not necessarily related, but overlap. First, let me build on what my hon. Friend the Member for Broadland and Fakenham said about the word “may” in clause 5(1). Anyone who was at the oral evidence session earlier this week would have heard the Manchester and west midlands mayors talking about wanting a meaningful relationship. They could not pinpoint exactly what meaningful would look like, but the gist was a desire to make sure that the relationship has some “oomph” or a decent foundation to it. I am therefore concerned about the use of the word “may”. Will the Minister define what “may” means and when “may” might happen? Ultimately, that is potentially the biggest get-out clause for not having to act. I know that that is not the intention, but I do not think that the Bill as drafted clearly describes that.

I referred earlier to the general premise of devolution and the Minister tried to reassure me about devolution outside strategic mayoral authorities, but I still do not think that the Bill is clear enough about what is going to happen. Given that the Bill sets up a railway system that the Government hope will last forever, it is not clear how other parts of the country will come into play. The Transport Committee has debated that and heard lots of evidence as well. The question remains. While I appreciate the Minister’s reassurances, they do not go far enough to help me and many others across the country to understand what is in the Bill for them regarding local control and power.

We have debated changing language today and I have already talked about the potential for referring to “local transport authorities”. I am intrigued about why subsection (5)(c) is the end of the line. It refers to a

“Passenger Transport Executive for an integrated transport area.”

Why does this not go further? We know that the Government have huge intentions for devolution and local government re-organisation but, despite their best intentions, that might not come to pass in the way they think.

How can the Bill be changed to reflect areas of the country that do not have a mayor or any of the bodies included in subsection (5)? How will the Government ensure that the whole country benefits from GBR, not just those areas that have great, charismatic mayors—of all colours? They keep being brought in front of the Select Committee as the solution to all of our transport problems, but unless other areas in the country get a mayor, they will not see the benefits of any of it. I know that that is the Government’s intention, but I genuinely do not think that it will be the reality for a number of years.