Draft Railways (Interoperability in Northern Ireland) (Convention on International Carriage by Rail) (Amendment) Regulations 2026

Greg Smith Excerpts

Tuesday 13th October 2026 General Committees

[Greg Smith (Mid Buckinghamshire) (Con)]

It is a pleasure to serve under your chairmanship, Sir Desmond, and also to be across the Floor from the Minister for the second time today. This morning we discussed the coach industry in Westminster Hall, while this afternoon we are discussing an issue that goes to the very nub of our constitutional settlement as a union of nations.

As the Government reference in the documents published alongside these regulations, the operation of the railways in Northern Ireland has always been slightly different from that in the rest of the United Kingdom. For example, the 1843 compromise with the Board of Trade on a 5 feet 3 inches gauge and the subsequent Railway Regulation (Gauge) Act 1846 set the railways of Northern Ireland on a different technical path.

However, despite acknowledging that long history, I wholly recognise the concerns that have been raised, and that I expect will equally be raised today, specifically those relating to how the new regime alters the 2011 regulations that cover the whole of the United Kingdom.

The hon. and learned Member for North Antrim has already set out in detail, as I am sure he will again later, his concerns about the impact that this could have on Northern Ireland, particularly in relation to divergence within the United Kingdom. In their impact assessment of the proposals, the Government comment that, outside of the Windsor framework, the main advantage of these proposals is that they will

“provide more certainty to businesses as to which technical standards and processes apply to rail projects being undertaken in Northern Ireland.”

However, what is not clear is why clarity could not be offered under the regulations set out in 2011, even if that must be under a slightly altered regime. Merely because clarity is offered, it does not necessarily mean that the situation is better.

I recognise that in response to concerns about the impact, it has been said that the Department for Transport and the Department for Infrastructure in Northern Ireland have agreed a common framework establishing mechanisms for officials to monitor and avoid regulatory divergence impacting the UK internal market. Even though this is the only risk noted, it is not an insubstantial one. Divergence between the two markets could easily put parts of Northern Ireland’s supply chain at risk. While there is a role for European elements, the requirement for UK goods to have an EU declaration of conformity is a further burden which should not be necessary.

There is also the broader point that, moving forward, we need to ensure that technology and progress in the rail sector in Northern Ireland is able to work within the framework of its relationships with the Republic of Ireland and the United Kingdom more widely. I fear that removing so much power without even consulting those affected could begin to create significant discrepancies that will have a significant impact.

I appreciate the status of these measures within the framework, but ultimately, we need to ensure that our legislation serves all the people of the United Kingdom of Great Britain and Northern Ireland. I am afraid that these measures simply will not achieve that.