Railways Bill (Thirteenth sitting)

Jerome Mayhew Excerpts

Committee stage
Tuesday 10th February 2026 Public Bill Committees

[The Chair]

We are now sitting in public and the proceedings are being broadcast. Before we begin, I remind Members to please switch electronic devices to silent and that tea and coffee are not allowed during sittings. The selection and grouping document shows the way in which amendments and new clauses have been arranged for debate. Any Divisions on amendments and new clauses will take place in the order that they appear on the amendment paper.

Clause 80

Duty to consult Scottish and Welsh Ministers

[Jerome Mayhew (Broadland and Fakenham) (Con)]

I beg to move amendment 103, in clause 80, page 47, line 13, leave out subsection (1) and insert—

“(1) Great British Railways must inform Scottish Ministers before making a decision within subsection (2), and if, in the view of Scottish Ministers, the decision would significantly affect the interests of Scotland’s economy or of persons living in, working in, or visiting Scotland, Great British Railways must consult Scottish Ministers before making that potential decision.”

This amendment would ensure that Scottish Ministers, rather than GBR, decided whether a GBR decision would significantly affect Scotland’s economy or persons living in, working in, or visiting Scotland.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 104, in clause 80, page 47, line 21, leave out subsection (3) and insert—

“(3) Great British Railways must inform Welsh Ministers before making a decision within subsection (4), and if, in the view of Welsh Ministers, the decision would significantly affect the interests of Wales’ economy or of persons living in, working in, or visiting Wales, Great British Railways must consult Scottish Ministers before making that potential decision.”

This amendment would ensure that Welsh Ministers, rather than GBR, decided whether a GBR decision would significantly affect Wales’ economy or persons living in, working in, or visiting Wales.

Clause stand part.

Amendment 105, in clause 81, page 47, line 35, leave out subsection (1) and insert—

“(1) Great British Railways must inform a mayoral combined authority prior to making a decision within subsection (2), and if, in the view of the mayoral combined authority, the decision would significantly affect the economy of the authority’s area or of persons living in, working in, or visiting the area, Great British Railways must consult the mayoral combined authority before making that potential decision.”

This amendment would ensure that mayoral combined authorities, rather than GBR, decided whether a GBR decision would significantly affect the authority’s economy or persons living in, working in, or visiting the authority.

Clause 81 stand part.

Amendment 106, in clause 82, page 48, line 25, leave out subsection (1) and insert—

“(1) Great British Railways must inform Transport for London prior to making a decision within subsection (2), and if, in the view of Transport for London, the decision would significantly affect Greater London’s economy or of persons living in, working in, or visiting Greater London, GBR must consult Transport for London before making that potential decision.”

This amendment would ensure that TfL, rather than GBR, decided whether a GBR decision would significantly affect the Greater London’s economy or persons living in, working in, or visiting Greater London.

Government amendments 158 to 160.

Clause 82 stand part.

New clause 25—Local infrastructure change reporting—

“(1) The Secretary of State must, at least once every five years, publish a report assessing long term-changes needed to local rail-related infrastructure.

(2) The Secretary of State must consult local authorities prior to the publication of any report under subsection (1) and ensure that any such report considers proposals made by local authorities.

(3) A copy of a report published under subsection (1) must be laid before Parliament and sent to—

(a) the Transport Committee of the House of Commons,

(b) the Housing, Communities and Local Government Committee of the House of Commons.

(4) Reference in this section to the Transport Committee and Housing, Communities and Local Government Committee of the House of Commons—

(a) if the name of either Committee changes, are references to that Committee by its new name, and

(b) if the functions of either Committee (or substantially corresponding functions) become functions of a different Committee of the House of Commons, are to be treated as references to the Committee by which the functions are exercisable.”

This new clause requires collaborative strategic planning between central government and local authorities.

[Jerome Mayhew]

That will teach me to go away for a day; the Committee finished off half the Bill without me. Anyway, we will go back to the usual slow progress today!

Clause 80 is pretty straightforward. Great British Railways will have a duty to consult Scottish Ministers before making decisions that relate to cross-border services designated under clause 25, where—this is the important bit—

“the decision will significantly affect…Scotland’s economy or…persons living in, working in or visiting Scotland.”

Similarly, the clause requires GBR to consult Welsh Ministers where its decisions relate to services designated by the Secretary of State that are provided in Wales under a similar process.

Most of the clause is pretty unremarkable, but there is one glaring issue with it: it asserts that GBR will decide for itself when a decision will “significantly affect” the Scottish or Welsh economies. The Minister will recognise that GBR is not an economic forecasting or policymaking body and cannot credibly assess national economic impact internally. The clause therefore makes the duty discretionary and risks major decisions proceeding without any meaningful consultation of either Welsh or Scottish Ministers. How is it sensible for GBR to have the duty to assess whether a proposed action is likely to affect the economies of either Scotland or Wales?

That brings me neatly on to amendments 103 and 104. Amendment 103 would ensure that Scottish Ministers, rather than GBR, decided whether a GBR decision would significantly affect Scotland’s economy or persons living in, working in or visiting Scotland. Surely that is the correct approach. Similarly, amendment 104 would ensure that Welsh Ministers, rather than GBR, took the decision. Effectively, instead of GBR having the responsibility to say, “This affects Scotland and/or Wales, and therefore we should consult,” the amendments would give the power to the Scottish or Welsh Ministers to call in a decision on their assessment of their own economy. Surely that is the better approach. I look forward to hearing the Minister’s rebuttal.

Clause 81, which introduces a duty to consult mayoral combined authorities, is pretty similar to clause 80. In the interest of speed, I will skip straight on to amendment 105, which would ensure that mayoral combined authorities, and not GBR, decided whether a GBR decision would significantly affect the authority’s economy. I am repeating a similar argument, but it is an important one—one of process rather than any political issue. Again, we are talking about a rail body making an assessment of the impact of its activities on an economy that it is not a specialist in.

Clause 82 creates a duty to consult Transport for London. Again, we have the same concerns as we had regarding clauses 80 and 81. Under the franchise system, the Mayor of London, and other mayors for that matter, were able to drag in rail operators to question them about their performance and standards; however, that right of consultation seems to have been removed. Is this a deliberate decision by the Minister to reduce the rights of mayors and mayoral combined authorities in relation to consultation? If it is, I would be grateful if he could explain why he has reduced powers, as opposed to increasing them.

Amendment 106 would ensure that TfL, rather than GBR, decided whether a GBR decision would significantly affect the Greater London economy or persons living in, working in or visiting Greater London. I am sure the Minister will speak to Government amendments 158 to 160 in a moment, but to anticipate his comments, they provide a duty to consult Transport for London to cover designated railway passenger services that operate to, from or within Greater London. The Opposition have no objection to these clarifying amendments.

Finally, I understand that new clause 25, tabled by the hon. Member for Didcot and Wantage, is intended to facilitate collaborative strategic planning between central Government and local authorities, and would require the Secretary of State to publish a report every five years assessing the long-term changes needed to local rail-related infrastructure. We support the principle of the new clause, but I recognise that a five-year reporting requirement is an onerous task to impose if no concrete improvements follow. I look forward to hearing what the hon. Member has to say in support of his new clause.

[Olly Glover (Didcot and Wantage) (LD)]

It is a pleasure to serve under your chairship once again, Sir Alec. Before I speak to new clause 25, let me make a few comments about the Government and Conservative amendments. I see nothing to object to in the Government amendments, which seem to tidy up some aspects of the Bill surrounding interfaces relating to TfL; I await the Minister’s comments. We support the Conservative amendments, which would strengthen the role of devolved Scottish and Welsh Ministers, mayoral authorities and TfL in relation to GBR’s decisions. That is the right principle because, as I shall argue, for too long decisions about our rail network have been focused on London and the south-east, sometimes to the detriment of regional development.

Our new clause 25 would require the Secretary of State to publish a report at least once every five years on the long-term rail infrastructure changes needed at a local level. It would force the Secretary of State to consult with local authorities and would ensure that those views are properly considered, reported and laid before Parliament. Local authorities understand where infrastructure is holding back growth, connectivity and reliability. Whether it is the need for additional passing loops—were my hon. Friend the Member for West Dorset present I am sure that he would talk about the west of England line—station upgrades or better integration with local bus services, such issues are often well known locally but struggle to be given a proper voice under our current arrangements. The new clause would create a formal mechanism to surface those priorities and ensure that they are not overlooked.

The powers in the Bill are not just for this Government and this Parliament, so it is important that appropriate checks and balances are put in place. The new clause would restore balance by embedding local government and parliamentary scrutiny into long-term rail planning, while making sure that local people’s voices are heard by the Government on the changes that they want to see. By requiring reports to be shared with relevant Select Committees, new clause 25 would strengthen accountability and transparency. It would support joined-up, evidence-based planning and help to ensure that Great British Railways delivers the improvements that reflect local need.

To address the shadow Minister’s point, I understand where he is coming from, but were somebody to be punished by being required to tot up the reports that would have to be laid before Parliament under amendments that he and I have tabled, I think it is possible that he might win. In that context, we do not think that this is overly onerous, but we look forward to hearing the Minister’s comments on how the local authority voice can be strengthened.

[The Parliamentary Under-Secretary of State for Transport (Keir Mather)]

Good morning, Sir Alec; it is a pleasure to serve under your chairship once again. I thank the hon. Member for Broadland and Fakenham for amendments 103 to 106, which would require GBR to inform the relevant devolved Ministers and bodies before taking a decision that affected them, and the relevant Minister or body to decide whether consultation is necessary, if they deemed the decision to be significant. Each of the amendments does the same thing, for Scottish Ministers, Welsh Ministers, mayoral combined authorities and TfL respectively. They would reverse provisions in the Bill as drafted that require GBR to consult the relevant devolved Minister or body if it considers a decision significant.

The Committee has heard that GBR will be the directing mind of the railways. I fully recognise the need for Scottish and Welsh Ministers, mayoral combined authorities and TfL to be suitably informed and consulted on decisions of GBR that relate to them. GBR is already required by the Bill to have regard to the Scottish Ministers’ rail strategy, statement of objectives, and directions and guidance; to the Welsh Ministers’ transport strategy; to the local transport plans of MCAs; and to the Mayor of London’s transport strategy. Furthermore, in the case of Scotland and Wales, the memorandums of understanding required by the Bill will ensure that any significant decision affecting Scotland or Wales is not made without the proper engagement of the relevant Government and transport body. In the case of mayoral combined authorities and TfL, there is a clear intention for GBR to work closely in partnership with mayoral authorities including TfL. An industry-developed practitioner guide on how GBR could work in partnership locally was published on 13 January, and GBR will be a proactive partner with all those bodies.

Clauses 80 to 82 already require consultation on significant decisions. Rather than improving the Bill, amendments 103 to 106 would fundamentally hamstring GBR’s decision-making powers by creating unnecessary additional requirements. Decision making would become inefficient and less responsive to passengers and freight. Consultation will ensure that Scottish and Welsh Ministers can share their views, perspectives and expertise on the economic impact of GBR’s decision making.

[Jerome Mayhew]

The Minister asserts that the amendments would make the process inefficient. Will he please explain why giving mayoral combined authorities or the Scottish or Welsh Ministers the power to call in consultation would make the process less efficient?

[Keir Mather]

Enabling mayoral combined authorities to be consulted on GBR’s proposals creates a basis on which MCAs and GBR can engage with each other to explore challenges as could relate to economic impact. The issue with calling in consultation in every instance is that it might not always be appropriate to do so. Where a more iterative process is possible, and Scottish Government and Welsh Government colleagues, for example, are best able to feed in and solve problems through consultation, it is not necessary to layer more formal processes on top.

It is worth restating for the benefit of the Committee that the Welsh and Scottish Governments are pleased with the basis on which the devolved arrangements have proceeded in the creation of the Bill. Clauses 80 to 82 as drafted will ensure that GBR engages on issues of importance, and that it consults Scottish and Welsh Ministers, rather than drowning in irrelevant detail. I urge the hon. Member for Broadland and Fakenham to withdraw amendment 103 and not to move amendments 104 to 106.

I thank the hon. Member for Didcot and Wantage for tabling new clause 25, which would require the Secretary of State to publish a report

“at least once every five years…assessing long term-changes needed to local rail-related infrastructure.”

Across this Parliament, the Government are making a record £120 billion capital investment in long-awaited infrastructure projects—including road, rail and green energy projects—that will generate the jobs of the future and drive growth. The Government also hugely support collaboration to encourage a more locally focused railway. Insights from local communities, who know their areas best, will play a significant part in achieving that.

The Bill requires GBR to consult with mayoral strategic authorities and to have regard to their local transport plans. GBR will agree partnerships with mayoral strategic authorities to enable effective collaboration and local influence. That will mark a change in approach in how the railway engages locally, providing single-point accountability and enabling GBR to better meet the needs of areas and wider communities. Furthermore, all tiers of local government will benefit from empowered local GBR business units that are outward-facing and engage local authorities on their priorities and local transport plans. Such engagement and partnerships will ensure that there is sufficient opportunity for local authorities and mayoral strategic authorities to be collaborative with GBR on their priorities and to consider proposals.

Government amendments 158 to 160, which are a continuation of the technical amendments that we debated when considering the group led by amendment 165 to clause 6, will support more effective co-operation on local railway matters. They clarify the definition of a London passenger railway service to provide consistency in geographical scope with other duties and powers in the Greater London Authority Act 1999. They expand the scope of the duty on GBR to consult with TfL so that it applies to passenger services to, from and within Greater London, and not just those within it.

In summary, clauses 80 to 82 introduce statutory duties on GBR to consult Scottish and Welsh Ministers, MCAs and TfL before it makes a decision about services or infrastructure that would significantly affect the interests of their areas. The rationale for the clauses is compelling. They provide assurance to the relevant people and organisations that they will be properly engaged when GBR makes decisions that significantly impact their areas. By embedding such a broad duty in legislation for the first time, we ensure that engagement is not optional but a requirement. That will lead to better decision making, stronger relationships and outcomes that take account of the needs of communities across Great Britain.

[Jerome Mayhew]

The Minister has heard my submissions. In the interest of time, I will not press my amendments to a vote. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 80 ordered to stand part of the Bill.

Clause 81 ordered to stand part of the Bill.

Clause 82

Duty to consult Transport for London

Amendments made: 158, in clause 82, page 48, line 30, after “a” insert “London”.

This amendment and amendments 159 and 160 provide for the duty to consult Transport for London to cover designated railway passenger services that operate to, from or within Greater London.

Amendment 159, in clause 82, page 48, line 30, after “service” insert—

“(within the meaning of section 175 of the Greater London Authority Act 1999)”.

See the explanatory statement for amendment 158.

Amendment 160, in clause 82, page 48, line 30, leave out

“which is provided in Greater London”.—(Keir Mather.)

See the explanatory statement for amendment 158.

Clause 82, as amended, ordered to stand part of the Bill.

Clause 83

Advice from relevant local government bodies

[Keir Mather]

I beg to move amendment 161, in clause 83, page 49, leave out line 11 and insert—

“(a) railways in the body’s area, or

(b) railway services—

(i) between places in the body’s area, or

(ii) between places in the body’s area and places outside that area.”

This amendment provides for advice to be given by local government bodies to GBR about railway services that operate to, from or within their areas.

--- Later in debate ---

[Jerome Mayhew]

These are two unremarkable clauses. We have no objections to either of them. As for the Government amendments, they are technical in nature and we also support them.

[Keir Mather]

While I reject the charge that the amendments are unremarkable, I thank the shadow Minister for his support.

Amendment 161 agreed to.

Clause 83, as amended, ordered to stand part of the Bill.

Clause 84

Advice from Transport for London

Amendments made: 184, in clause 84, page 49, line 30, after “function” insert

“(within the meaning of the Railways Act 2026)”.

This amendment defines GBR’s statutory functions in the new section 176A(3) of the Greater London Authority Act 1999.

Amendment 162, in clause 84, page 49, line 31, leave out

“railways or railway services in”

and insert—

“(a) railways in Greater London, or

(b) railway services—

(i) between places in Greater London, or

(ii) between places in Greater London and places outside”

This amendment and amendment 163 provide for advice to be given by Transport for London to GBR about railway services that operate to, from or within Greater London.

Amendment 163, in clause 84, page 49, line 31, at end insert—

“(4) Expressions used in this section and in Part 1 of the Railways Act 1993 have the same meaning in this section as in that Part.”—(Keir Mather.)

See the explanatory statement for amendment 162.

Clause 84, as amended, ordered to stand part of the Bill.

Clause 85

Licensing etc of train drivers

[Jerome Mayhew]

I beg to move amendment 107, in clause 85, page 50, leave out line 3.

This amendment would prevent the Secretary of State from changing the body that gives licences certificates so that it remains the ORR.

[The Chair]

With this it will be convenient to discuss clause stand part.

[Jerome Mayhew]

Clause 85 relates to the licensing of train drivers, and other matters relating to them. It gives the Secretary of State the power to amend the Train Driving Licences and Certificates Regulations 2010 and related assimilated law through regulations. The Secretary of State, by interest, has also been empowered to appoint a person or a body to publish and maintain technical standards in a document separate from the regulations.

The regulations set out the requirements that ensure train drivers are competent, medically and psychologically fit, trained on the infrastructure, rolling stock and routes that they are to be deployed on, and generally able to drive trains safely. The power to amend that legislation is required to ensure that the train driver licensing regime can be updated to reflect technological, clinical and medical advancements. The ability to update the legislation on an enduring basis will help to modernise the framework and support health and safety outcomes for train drivers, as well as avoiding operational impacts such as train drivers being unable to be deployed on account of not passing outdated medical tests. The ability to designate a person or body, for example the Office of Rail and Road or GBR, to publish and maintain technical standards will allow the train driving regime to remain adaptable and effective. We are therefore support that.

Subsection (2)(b) does not confirm the ongoing role of the ORR to issue licences or certificates. That is much bigger. Through its omission, it opens the door to the removal of the ORR’s role on this important issue. Unions would clearly fall under the definition in subsection (6)(a), but the drafting effectively ringfences them as the primary consultees while shutting out operators, GBR, passenger groups and safety bodies from the mandatory list. There is a non-mandatory ability to consult, but it seems very odd to identify unions but not any of these other very important organisations as part of a mandatory consultation list. That creates an odd imbalance for regulations that directly affect service delivery and safety, giving one group a guaranteed seat at the table while everyone else is included only at the Secretary of State’s discretion.

Amendment 107 would prevent the Secretary of State from changing the body that gives licences and certificates, so that it remains the Office of Rail and Road, once again restoring power to the independent regulator with experience and expertise in this space. That is a small but important point. It may have been an oversight on the part of the drafters that the ORR is not mentioned. If the intention is to remove that responsibility from the ORR, and that is the Government’s ambition as a result of the clause, perhaps the Minister could make that clear? If not, amendment 107 makes it clear that the ORR is the anticipated body.

Amendment 108 is not part of this group but would affect the clause, and would require the Secretary of State to consult passenger and freight service operators, groups representing passengers and railway rail safety organisations before making regulations about the licensing or certification of train drivers. That would mean that not just Labour’s union colleagues would be consulted. I mention the amendment in passing because it is relevant to the discussion of this clause, and I see the Minister nodding sagely.

I intend to seek a Division on amendment 107 if the Government are not minded to accept it.

[Keir Mather]

I will begin by attempting to assuage some of the shadow Minister’s concerns in this space as it relates to the ORR and licensing. There are no plans to transfer the train driving licensing and certification functions from the ORR, railway undertakings and infrastructure managers to other bodies. However, while there are no plans to transfer functions at this stage, it is possible that changes may be needed or sought by future Governments to reflect wider changes to the structure, responsibilities and roles in the rail industry—as has happened before. For that reason, these powers are vital to ensure the regime for train driving can function as intended and with the appropriate bodies responsible for issuing licences and certificates.

I thank the shadow Minister for his amendment, and understand the importance of what he is driving at when it comes to the all-important issue of safety. His amendment would ensure that only the ORR may issue train driving licences. It would remove the ability to update the arrangements for issuing train driving licences and certificates in the future, for example, to reflect a change in the name of the issuing authority or a transfer of functions from one body to another. It is important that the licensing and certification regime can be adapted and changed if needed, including who issues that documentation, because it may be needed to reflect future changes to industry structures, roles and responsibilities.

The Government’s position is supported by the ORR, which is the current licensing authority. Removing the power to change the arrangements for issuing licences and certificates could undermine our ability to ensure driver licensing and certification arrangements stay fit for purpose as the industry, technology and ways of working evolve. If such proposals were brought forward, the clause as drafted would ensure that any changes are subject to a full public consultation followed by parliamentary scrutiny under the draft affirmative procedure before becoming law. That process affords multiple opportunities for stakeholders’ views to be considered. I therefore urge the shadow Minister to withdraw the amendment.

Clause 85 allows the Secretary of State to amend the Train Driving Licences and Certificates Regulations 2010 by means of secondary legislation. Those regulations establish the requirements for train drivers in Great Britain, which presently cannot be updated regularly without primary legislation, which is a lengthy and inefficient process. The powers in the clause are critical if the Government are to ensure that the framework for train driving remains robust, responsive and fit for purpose in the years ahead.

The Committee may be aware that legislation is due to be laid today to lower the minimum age for train drivers. However, that is being done using time-limited powers in the Retained EU Law (Revocation and Reform) Act 2023, which will expire in June 2026. Without this clause, such changes to the law, which will help us to address the shortage in train drivers, will not be possible. The power will allow the regime to evolve in line with best practice, incorporating advances in technology, innovation, operations and safety knowledge, for instance by regularly revising eyesight and hearing requirements to reflect advances in corrective technologies, improved testing methods and emerging medical conditions. Without those powers, the industry will be less effective at integrating new technologies, scientific methods or innovations into the train driving regime as they emerge. I therefore commend clause 85 to the Committee.

[Jerome Mayhew]

As I mentioned, we support the intention behind these clauses, but I stand firm in defending the need for the ORR to be the issuing body, so I will press my amendment to a Division.

Question put, That the amendment be made.

--- Later in debate ---

[Keir Mather]

Amendments 201 and 202 in my name will allow the Government to extend clause 86, on the Cape Town convention and the Luxembourg protocol to the convention as they relate to railway rolling stock, and part 4 of the Bill to the Isle of Man. We have consulted the Isle of Man and the other Crown dependencies on whether they would like us to extend this section of the Bill to them. The Isle of Man alone asked that we extend the protocol and these provisions to it. Given that the Government traditionally agree to such requests, we have tabled these amendments.

Extending this section of the Bill will grant the Isle of Man power to make regulations under clause 86. Alternatively, regulations made by the UK Government can be extended to apply to it with appropriate modifications. That would eliminate the need for the Isle of Man to legislate for itself, but it would still have the benefit of having the convention and protocol applying to it. I therefore urge the Committee to support the Government amendments.

Clause 86 will allow the United Kingdom to implement and ratify the Cape Town convention and the Luxembourg rail protocol, as they relate to railway rolling stock, via secondary legislation. The convention and the protocol aim to provide more security for creditors financing rolling stock by reducing the risk to those involved in such transactions and providing greater security over their interests.

The agreements establish an international legal framework for the creation and registration of international interests in rolling stock and make provision for legal remedies in the event of default or insolvency. Implementing the agreements will therefore make the UK a more attractive place for investors to hold financial interests in rolling stock with UK-based lenders, who will also be able to benefit from the protection of the protocol when they invest in overseas markets.

The UK signed the Luxembourg protocol in 2016. That power allows the UK to meet its international obligations, especially now that the protocol has come into force as a number of states have ratified it. These agreements are supported by the industry and I therefore commend the clause to the Committee.

[Jerome Mayhew]

As we have just heard, the Luxembourg protocol is designed to provide access to cheaper rolling stock in the UK and overseas, as finance can be secured and/or rolling stock leased from non-UK sources, and UK rolling stock companies can lease abroad at lower risk.

I learned an interesting fact over the weekend. I thought that this proposal would affect only ROSCOs operating in this country, but it actually affects the Government too. I learned that the Government own the freehold of one train in the UK, which is on the Canvey Island miniature railway in the constituency of my hon. Friend the Member for Castle Point (Rebecca Harris), who was very keen to point out to me that the Government have skin in the game on this clause. I have read that into the record, so I hope she is pleased with that.

We have no objections to the clause. As for Government amendments 201 and 202, which deal with the Isle of Man, I was slightly surprised by them. I am sorry to say that I have never visited the Isle of Man, so I had to do some research on its rail infrastructure, and it turns out that it is entirely heritage in nature, with Victorian rolling stock including a horse-drawn tramway. I would therefore be grateful if the Minister could explain why Victorian rolling stock and horse-drawn tramways need the benefit of the Cape Town convention and the Luxembourg protocol. I am sure that he has that at his fingertips.

--- Later in debate ---

[Keir Mather]

I beg to move, That the clause be read a Second time.

The clause will ensure that network or station operators can recover the costs of removing a road vehicle that is causing disruption or presenting a safety risk on the railway. It applies in situations where a car or bicycle must be removed from an access road, level crossing or any other location that is critical to the safe operation of the railway or the movement of passengers around the network. Any recovery of costs must reflect the actual expenses incurred by the railway operator in resolving the obstruction.

Passengers should be able to use the railway without disruption caused by obstruction on railway land. Network or station operators must be able to ensure that such obstructions are removed promptly, and the cost of doing so should rightly fall on the person in charge of the road vehicle involved. I urge the Committee to support the new clause.

[Jerome Mayhew]

We have no objection in principle to the new clause, but, as we have learned to our cost as consumers in the similar approach taken to car parking charges and the removal of vehicles badly parked elsewhere, this will all come down to the operators contracted by GBR to undertake that function. It is merely asserted that the costs are related to those incurred in the removal, but we all know that such costs can be inflated by unscrupulous operators. Although we do not object to the new clause in principle, I would be grateful for the Minister’s assurance that reputable companies will be used and that this measure will not be used as a secondary source of income for GBR or its contractors.

[Keir Mather]

The shadow Minister is right to champion the interests of users of the railway and to ensure that the people who enforce such charges are scrupulous. Network and station operators, including GBR, will be required to use their judgment to determine whether the person responsible for a vehicle should bear the cost of removing the obstruction from railway land in the first place. I am happy to commit that we will engage closely to ensure that is done in a proportionate way that protects the interests of passengers and users of railway services.

By including this provision in the Bill, Parliament will have the opportunity to scrutinise and comment on the proposals. As part of that process, the shadow Minister is welcome to hold my feet to the fire to make sure that the interests of consumers are protected.

Question put and agreed to.

New clause 23 accordingly read a Second time, and added to the Bill.

New Clause 61

Transfer schemes made by Secretary of State

“(1) The Secretary of State may, for any purpose connected with railways or the provision of railway services, make one or more schemes for the transfer of property, rights and liabilities—

(a) from the Secretary of State, a government department or a company wholly owned by the Crown, to—

(i) Great British Railways,

(ii) a company wholly owned by Great British Railways,

(iii) a proposed GBR,

(iv) a company wholly owned by a proposed GBR, or

(v) a company jointly owned by two or more of the Secretary of State, the Scottish Ministers, the Welsh Ministers, Great British Railways and a proposed GBR;

(b) from Great British Railways, or a company wholly owned by Great British Railways, to—

(i) the Secretary of State,

(ii) a company wholly owned by the Crown,

(iii) a proposed GBR,

(iv) a company wholly owned by a proposed GBR, or

(v) a company jointly owned by two or more of the Secretary of State, the Scottish Ministers, the Welsh Ministers, Great British Railways and a proposed GBR;

(c) from a former GBR, or a company wholly owned by a former GBR, to—

(i) the Secretary of State,

(ii) a company wholly owned by the Crown,

(iii) Great British Railways,

(iv) a company wholly owned by Great British Railways,

(v) a company jointly owned by two or more of the Secretary of State, the Scottish Ministers, the Welsh Ministers and Great British Railways;

(d) from a company jointly owned by two or more of the Secretary of State, the Scottish Ministers, the Welsh Ministers, Great British Railways and a proposed GBR to—

(i) another such company,

(ii) Great British Railways,

(iii) a company wholly owned by Great British Railways,

(iv) a proposed GBR, or

(v) a company wholly owned by a proposed GBR;

(e) from the Secretary of State or a government department to a company wholly owned by the Crown, or vice versa.

(2) The Secretary of State must obtain the consent—

(a) of the Scottish Ministers before making a scheme that contains provision for the transfer of property, rights and liabilities to or from a company jointly owned by the Scottish Ministers and one or more other persons, and

(b) of the Welsh Ministers before making a scheme that contains provision for the transfer of property, rights and liabilities to or from a company jointly owned by the Welsh Ministers and one or more other persons.”—(Keir Mather.)

This new clause allows the Secretary of State to make schemes transferring property, rights and liabilities in connection with the designation of a body corporate as Great British Railways.

Brought up, and read the First time.

--- Later in debate ---

[Keir Mather]

All the provisions in this group relate to transfer schemes. New clause 61 sets out the Secretary of State’s powers to make one or more transfer schemes to transfer property, rights and liabilities, including contracted employment between public entities. The new clause is important, as it will enable transfers to and from GBR. Transfer schemes are regularly used for highly complex transfers and can avoid undue delay and costs in getting the right assets into the right place at the right time.

Transfer schemes will provide a framework for the consistent treatment of workers, in line with Cabinet Office Statement of Practice on Staff Transfers in the Public Sector and Transfer of Undertakings (Protection of Employment) principles. GBR will bring together activities from more than 17 existing organisations, including Network Rail, the Rail Delivery Group, DfT Operator and 14 separate train operating companies, into a single organisation. It is therefore important that transfers be managed in the simplest, clearest and most efficient way possible to protect the staff involved and the taxpayers’ investment.

New schedule 1 provides further detail on transfer schemes. The schedule is important, as it sets out the scope of what may be included in a transfer scheme. This follows standard drafting practice and will prevent individual or piecemeal issues from slowing down the delivery of an integrated railway that better serves the public as a whole.

New clauses 62 and 63 will enable Scottish and Welsh Ministers to make one or more schemes for the transfers involved to enable GBR to run devolved services on their behalf. The provisions require the consent of the Secretary of State to protect their interests and the transfer of liabilities or assets in or out of GBR that they wholly own. The provisions also provide for Scottish and Welsh Ministers to make transfers between companies that they themselves wholly own. That will enable a smooth transition between delivery models for devolved services by devolved Governments. Such transfers would not require the consent of the Secretary of State, as they only involve companies owned by the Scottish or Welsh Ministers.

We have worked in partnership with the devolved Governments to ensure that they can share in the benefits of an integrated railway and, if they so choose, use GBR for the delivery of devolved railway services. These transfer scheme provisions reflect the approach that we have agreed with Scottish and Welsh Ministers.

New clause 65 will allow for the transfer of employment contracts from the ORR to the new passenger watchdog. The watchdog will take over most current ORR consumer roles, including the setting and oversight of standards. The new clause is important as it allows for the transfer of contracts of employment, provides protection for impacted ORR staff in line with TUPE principles, and will allow the watchdog to have the expertise that it needs to get up and running as soon as possible.

Finally, new clause 64 and amendment 263 make further provision for transfer schemes. New clause 64 introduces new schedule 1 and will allow transfers into GBR to begin before GBR is fully designated to allow for sensible operational preparation ahead of establishment. Amendment 263 is required to ensure consistency of terminology with other railways legislation and to ensure that the definitions of “wholly owned” and other similar wording are accurate and make sense in the context of previous Acts.

Taken together, the provisions are essential to ensure that GBR can be established quickly so that we can bring the benefits that we have promised to the public. They will allow the Government to minimise the cost of the transfer to the taxpayer and ensure that staff are protected. I commend them to the Committee.

[Jerome Mayhew]

I have nothing to add.

Question put and agreed to.

New clause 61 accordingly read a Second time, and added to the Bill.

New Clause 62

Transfer schemes made by Scottish Ministers

“(1) The Scottish Ministers may, for any purpose connected with railways or the provision of railway services, make one or more schemes for the transfer of property, rights and liabilities—

(a) from the Scottish Ministers, or a company wholly owned by the Scottish Ministers, to—

(i) Great British Railways,

(ii) a company wholly owned by Great British Railways,

(iii) a proposed GBR,

(iv) a company wholly owned by a proposed GBR, or

(v) a company jointly owned by two or more of the Scottish Ministers, the Secretary of State, Great British Railways and a proposed GBR;

(b) from Great British Railways, a company wholly owned by Great British Railways or a company jointly owned by the Scottish Ministers and Great British Railways to—

(i) the Scottish Ministers,

(ii) a company wholly owned by the Scottish Ministers,

(iii) a proposed GBR,

(iv) a company wholly owned by a proposed GBR, or

(v) a company jointly owned by the Scottish Ministers and a proposed GBR;

(c) from a former GBR, a company wholly owned by a former GBR or a company jointly owned by the Scottish Ministers and a former GBR, to—

(i) the Scottish Ministers,

(ii) a company wholly owned by the Scottish Ministers,

(iii) Great British Railways,

(iv) a company wholly owned by Great British Railways, or

(v) a company jointly owned by the Scottish Ministers and Great British Railways;

(d) from a company wholly owned by the Scottish Ministers to another company wholly owned by them;

(e) from the Scottish Ministers to a company wholly owned by them, or vice versa.

(2) The Scottish Ministers must obtain the Secretary of State’s consent before making a scheme under subsection (1)(a), (b) or (c).”—(Keir Mather.)

This new clause allows the Scottish Ministers to make schemes transferring property, rights and liabilities in connection with the designation of a body corporate as Great British Railways.

Brought up, read the First and Second time, and added to the Bill.

New Clause 63

Transfer schemes made by Welsh Ministers

“(1) The Welsh Ministers may, for any purpose connected with railways or the provision of railway services, make one or more schemes for the transfer of property, rights and liabilities—

(a) from the Welsh Ministers, or a company wholly owned by the Welsh Ministers, to—

(i) Great British Railways,

(ii) a company wholly owned by Great British Railways,

(iii) a proposed GBR,

(iv) a company wholly owned by a proposed GBR, or

(v) a company jointly owned by two or more of the Welsh Ministers, the Secretary of State, Great British Railways and a proposed GBR;

(b) from Great British Railways, a company wholly owned by Great British Railways or a company jointly owned by the Welsh Ministers and Great British Railways to—

(i) the Welsh Ministers,

(ii) a company wholly owned by the Welsh Ministers,

(iii) a proposed GBR,

(iv) a company wholly owned by a proposed GBR, or

(v) a company jointly owned by the Welsh Ministers and a proposed GBR;

(c) from a former GBR, or a company wholly owned by a former GBR, to—

(i) the Welsh Ministers,

(ii) a company wholly owned by the Welsh Ministers,

(iii) Great British Railways,

(iv) a company wholly owned by Great British Railways, or

(v) a company jointly owned by the Welsh Ministers and Great British Railways;

(d) from a company wholly owned by the Welsh Ministers to another company wholly owned by them;

(e) from the Welsh Ministers to a company wholly owned by the Welsh Ministers, or vice versa.

(2) The Welsh Ministers must obtain the Secretary of State’s consent before making a scheme under subsection (1)(a), (b) or (c).”—(Keir Mather.)

This new clause allows the Welsh Ministers to make schemes transferring property, rights and liabilities in connection with the designation of a body corporate as Great British Railways.

Brought up, read the First and Second time, and added to the Bill.

New Clause 64

Further provision about transfer schemes

“(1) Schedule (Transfer schemes) contains further provision about transfer schemes under sections (Transfer schemes made by Secretary of State), (Transfer schemes made by Scottish Ministers) and (Transfer schemes made by Welsh Ministers).

(2) In sections (Transfer schemes made by Secretary of State), (Transfer schemes made by Scottish Ministers) and (Transfer schemes made by Welsh Ministers) and Schedule (Transfer schemes)—

(a) ‘a former GBR’ means a body corporate formerly designated as Great British Railways under section 1;

(b) ‘a proposed GBR’ means a body corporate that the Secretary of State proposes to designate as Great British Railways under that section.”—(Keir Mather.)

This new clause makes supplementary provision about transfer schemes under new clauses NC61, NC62 and NC63.

Brought up, read the First and Second time, and added to the Bill.

New Clause 65

Transfer of staff to the Passengers’ Council

“(1) The Secretary of State may make one or more schemes under which persons who hold employment in the civil service of the State become employees of the Passengers’ Council (but this is subject to any provision contained in the scheme that allows a person to object to becoming an employee of the Council).

(2) A scheme made under this section—

(a) may make provision for giving full effect to a person’s transfer into the employment of the Passengers’ Council as a result of the scheme, and

(b) may (in particular) include provision that is the same as, or similar to, the provision made by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).”—(Keir Mather.)

This new clause makes provision about transfers of staff from the civil service to the Passengers’ Council.

Brought up, read the First and Second time, and added to the Bill.

New Clause 1

Purpose of Great British Railways

“(1) The purpose of Great British Railways is defined by the following objectives—

(a) prioritising the needs of Great British Railways passengers in decision-making,

(b) delivering reliable, safe and accessible railway passenger services,

(c) providing value for money for passengers and taxpayers, including consideration of the affordability of fare prices,

(d) increasing passenger numbers and growing usage of the network year-on-year,

(e) expanding and improving the network, including services, connectivity, and restoring or adding routes,

(f) modernising working practices and innovating to improve productivity, efficiency, and passenger experience,

(g) supporting economic growth, national productivity and improving connections between towns, cities and employment centres,

(h) improving the experience of disabled and vulnerable passengers and ensuring consistent access to assistance,

(i) ensuring fair and transparent treatment of open access, freight and devolved operators when allocating access and charges,

(j) growing rail freight, including supporting delivery of the national freight growth target,

(k) strengthening the financial sustainability of the railways, reducing reliance on operating subsidy over time,

(l) integrating track and train, simplifying structures, and avoiding duplication, and

(m) supporting multimodal integration with buses, trams and local transport networks.

(2) The Secretary of State and Great British Railways must have regard to the purpose set out in subsection (1) in exercising their functions under this Act.”—(Jerome Mayhew.)

This new clause defines Great British Railways’ purpose.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Olly Glover]

Our new clause 11 would create a fund for future railway improvement, which would have multiple intentions. First, it would create a stable pipeline of enhancements in infrastructure for the years and perhaps even decades ahead, which the supply chain is so loudly clamouring for, given that the rail networks enhancements pipeline has not been updated for many years. During Transport Committee visits around the country, we talked to supply chain businesses. Many of them reported never feeling quite so despairing about the outlook for their trades given the uncertainty with railway investment and enhancements. The fund would also create hope for communities. It would create a mechanism for them to submit their ideas for consideration, so they form part of the pipeline.

In anticipation of the Government or the Conservatives accusing me of being fiscally reckless, careful observation of the wording highlights that the new clause does not stipulate an amount for what should go into the fund. That is for the Government of the day to decide, but the principle is clear: there should be a longer-term process and mechanism for local authorities and communities to get their ideas on the table.

What would the fund involve? The new clause would require the Secretary of State to create the fund, which could be for new or reopened railways or just stations. We would call it the tomorrow’s railway fund. Local and regional transport authorities would have the right to apply to the Secretary of State to receive a grant of monies from the fund. That could be simply to develop an idea to the next level or to implement construction of something that has already gained support. I look forward to hearing the Minister’s comments on that.

I would also be inclined to support the Conservatives’ new clause 35, which would explicitly intend to create a long-term pipeline project. As I have alluded, we think that is a good idea for our railway and our supply chain, and it is exactly the sort of thing that the Government should welcome, given their oft-stated but rarely implemented commitment to economic growth and getting our country moving.

[Jerome Mayhew]

I seek a bit of advice here, Sir Alec: I presume this is the right time to talk about new clause 35 as well.

[The Chair]

Yes.

[Jerome Mayhew]

Thank you, Sir Alec. On new clause 11, I hear what the hon. Member for Didcot and Wantage says about fiscal responsibility, but it seems a bit strange to set up a fund with no funds in it. Although, as Committee members have seen in the new clauses I have tabled, I support the principle of having a long-term approach to infrastructure development and investment in rolling stock and skills in this country, I cannot support the creation of a new fund without fully understanding where that money would come from.

[Olly Glover]

Given the shadow Minister’s criticism of the new clause, is he willing to condemn the previous Government’s restoring your railway fund for the same reasons?

[Jerome Mayhew]

The answer is no, because money was involved. A shining example of the restoring your railways project is the Northumberland line, which was created under and funded by the restoring your railways project, and which is now open and a great success.

New clause 35, which is in my name, is relatively long, and would require Great British Railways to create a long-term pipeline of infrastructure works. If our “Certainty of Funding” new clause is added to the Bill, new clause 35 would fit nicely with it. The new clause would provide more certainty to the supply chain, and would make provision for a visible pipeline of works, allowing for long-term investment in UK manufacturing, specialist engineering skills, apprenticeships and workforce development.

That would prevent the loss of specialist skills during funding gaps, which we heard much about in the oral evidence session. Not only that, but I have been lucky enough to be in my role for considerably over a year now, during which I have met many organisations related to the railway supply chain. One overwhelming piece of feedback I get is on the feast and famine we have with the relatively short control periods, and the lack of visibility on what the next control period will have. The new clause seeks to address one of our structural problems, supporting stable employment, rather than cyclical redundancies, and encourages suppliers to invest in new technologies and productivity improvements.

In the recent past, this country has not had a very good reputation for delivering large infrastructure works, and having the ability to carry them out quickly and cheaply. The new clause would help, meaning that when we say we will do something, we have a better chance of it actually happening.

[Keir Mather]

I thank the hon. Members for Didcot and Wantage and for Broadland and Fakenham for tabling the new clauses, which relate to enhancements on the rail network or the impacts of other projects on rail.

New clause 11 would establish a fund for future railway improvements. Local and regional transport authorities could then bid for funding from the pot for their local areas. I certainly share the support the hon. Member for Didcot and Wantage has for improving the railway across the whole country, and I believe that the railway can bring benefits to the places it serves. However, it should be for GBR, as the organisation run by experts and charged with running railways, to maintain close relationships with local and regional authorities, including the local commissioning of infrastructure projects where agreements can be reached.

The fund the hon. Member proposes risks removing GBR’s opportunity to organise, design and implement enhancements, which is a job that it is best placed to do, as the directing mind. Of course, GBR will engage closely with local and regional authorities when planning, and should invest where real benefits would be gained. Enhancements funding should continue to be set at the spending review; that is appropriate where projects are discretionary. GBR’s integrated business plan will ensure that enhancement projects align with operational delivery.

I also expect the publication of GBR’s integrated business plan to provide further transparency on the enhancements GBR plans to undertake, and the associated funding. That should help set the roadmap for the five-year funding period. I hope the hon. Member can agree that such decisions should be made by GBR, working with local authorities and with mind to the long-term rail strategy.

New clause 35 would establish a report on a long-term pipeline of infrastructure and rolling stock work, on a line-by-line or service-by-service basis, and with considerable detail on the specific timing, scope and sequencing of works over a 15-year period. I share the intention of the hon. Member for Broadland and Fakenham to create transparency around GBR’s spending, and certainty for the railway supply chain. We are already working to develop a long-term strategy for rolling stock and supporting infrastructure, such as electrification, that will provide clear direction for the supply chain. As I am sure he already knows, the Bill contains a duty for GBR to consider certainty for railway service providers. However, I disagree that this needs to be in statute and that a pipeline containing the level of detail proposed in this amendment, over 15 years, would be a good way of achieving the goals of transparency and certainty for GBR.

GBR will have a five-year integrated business plan, backed by five years of funding for infrastructure operations, maintenance and renewals. That has been established as the appropriate balance between long-term planning and the realities of a changing operational environment. Forecasting specific infrastructure works beyond five years becomes increasingly unreliable, potentially leading to instability for the supply chain and for GBR—the exact thing this amendment is trying to avoid. Enhancements funding will continue to be set at the spending review, while GBR’s integrated business plan will ensure that enhancement projects align with operational delivery. That ensures that larger projects have longer term certainty. The current process has resulted in £2 billion being invested in the railway network every year, from 2019 to 2024. I hope that the hon. Member for Broadland and Fakenham can understand that creating a stable long-term rail strategy and business planning environment will do more to achieve these aims.

Finally, I turn to new clause 71, which raises the importance of understanding rail impact when considering major infrastructure projects. I thank the hon. Member for Runnymede and Weybridge (Dr Spencer) for raising this issue, but I do not agree with it primarily because the matters that the amendment seeks to mandate are already comprehensively addressed in the existing statutory framework. Under the Planning Act 2008 and the National Policy Statements applying to Nationally Significant Infrastructure Projects in the transport, energy, waste and water sectors, the Secretary of State will consider requirements to mitigate adverse impacts on transport networks arising from any developments. For transport projects, promoters must provide detailed assessments of the impact of their proposals on transport networks, including rail capacity, demand and operational implications. These assessments are a routine and established part of the development consent order process, which the Secretary of State must consider. This amendment would introduce an entirely new statutory reporting step before an application could be examined, which would go against the Government's reforms to streamline the consenting regime following the Planning and Infrastructure Act 2025, which aims to make the system quicker and more efficient. Instead of adding value, this new requirement would instead risk adding delay in introducing uncertainty, which could hinder timely progress on Nationally Significant Infrastructure Projects. Having laid out the Government’s arguments to these amendments, I hope that hon. Members will see fit to withdraw them.

--- Later in debate ---

[Olly Glover]

I beg to move, That the clause be read a Second time.

New clause 21, in the name of my hon. Friend the Member for Newbury (Mr Dillon), would require a review of public road level crossings. It addresses similar themes to those raised by the new clauses in the name of the hon. Member for Runnymede and Weybridge that we have previously discussed.

We are seeking an annual review of high-delay level crossings, such as the one at Thatcham on what is known as the Berks and Hants line between Reading and Westbury and beyond. That is because we need to undertake proper analysis of the local economic cost and social impact caused by congestion, which admittedly is often necessary to facilitate railway services. It is sometimes perceived—whether the perception is accurate is another matter—that level crossing down times can be excessive. There may be opportunities to improve that, although ultimately to alleviate the local impact of the railway going through those communities, the high-delay level crossings would need to be replaced with an alternative means of crossing.

My hon. Friend the Member for Newbury and other signatories to the new clause are concerned about the wasted time and fuel resulting from long periods of idling traffic while the barriers are down, which can also lead to lost time for commuters, shoppers and business travellers. Road congestion across the UK is estimated to cost the economy tens of billions of pounds a year—some estimates exceed £30 billion—and high-impact level crossings are major contributors to local congestion hotspots, which can result in increased operating costs, particularly for commercial vehicles, such as delivery vans and lorries, and tradespeople. That, in turn, can reduce business productivity, leading to supply chain disruption, and can undermine labour productivity. Of course, there can also be a significant impact on emergency and public services.

The presence of a highly congested level crossing can act as a physical constraint on local planning. Local authorities are often unable to approve major housing or commercial developments that would increase local road traffic, as that would exacerbate the existing gridlock. That therefore stifles economic and housing growth. The Government have been very clear about their commitment to economic growth and highly ambitious housing targets that some consider to be undeliverable, so I hope that argument holds some weight with the Minister if none of the others do.

Let me say a bit more about Thatcham as a case study. Local reports and studies frequently say that the Thatcham level crossing is typically lowered for more than 30 minutes every hour at peak times, leading to significant congestion. The crossing is known as an MCB-CCTV. I have an ongoing commitment to waging war against acronyms, so let me say that that means a manually controlled barrier with CCTV monitoring. It is located on the busy Berks and Hants line, with approximately 133 trains per day passing over it. The line speed is high, at 100 mph—it is definitely an example of a railway that has benefited from full electrification—which requires the barriers to be lowered earlier than on slower lines, to allow sufficient warning time and ensure safe signal clearance.

Thatcham town council and West Berkshire council have formally acknowledged the serious traffic delays at the crossing. These delays have been specifically noted in the development of the local transport plan and the local plan review—the issue of the level crossing delays is identified as a critical factor that must be addressed and mitigated before any major new developments can proceed.

A study assessing the viability of replacing the level crossing with a new road bridge over the railway and canal estimated the cost to be in the region of £16.5 million, with that proposal ultimately declared not financially viable as a stand-alone public project. We do not intend to divide the Committee on the new clause, but we will be interested to hear the Minister’s comments on the issue that it highlights.

[Jerome Mayhew]

The Conservatives are very supportive of the intention behind the new clause. The replacement for Network Rail within GBR cannot bring the same, frankly uninterested, culture to these assessments that Network Rail is notorious for. I salute the tireless campaigning of my hon. Friend the Member for Runnymede and Weybridge, who has tabled a number of new clauses on this issue to highlight the problems that his constituents and, as we have just heard, many others have faced.

The hon. Member for Didcot and Wantage says that he will not press the new clause to a Division. I think that is sensible, given that the requirement for an annual review may well be too onerous, but we look to the Minister to acknowledge the problems faced by those communities that are cut in half by very impactful level crossings, and to provide assurances that the Government will address this significant concern.

[Keir Mather]

I thank the hon. Member for Didcot and Wantage for the new clause, which would require GBR to produce annual reports and technical studies relating to road crossings, with the aim of easing congestion. It is our view that the new clause would add highly disproportionate administrative and reporting burdens on to Great British Railways that we do not believe are necessary to manage level crossings and mitigate any of the impacts on communities that the shadow Minister and the hon. Member for Didcot and Wantage so powerfully described.

The new clause would require GBR to undertake an annual review of every public road level crossing in Britain, assessing the social and economic effects on each area, and would mandate feasibility and engineering studies for any site judged to have high levels of congestion. That would create a substantial and ongoing workload that would divert time, staff and funding away from the core functions of managing the railway, including by requiring GBR to develop proposals for engineering solutions even when there is no clear business case for intervention. That would increase costs, reduce flexibility and limit GBR’s ability to prioritise investment where it delivers the greatest benefits.

Network Rail has a statutory duty to minimise risks to the public and keep level crossings safe. I reassure the hon. Member that GBR will continue to be bound by those duties, while also taking full account of the wider economic and social impacts that level crossing down time can have on local communities. In support of that, as is the case now, GBR will be expected to keep level crossing operations under review, support continuous improvements in safety, and reduce unnecessary disruption so far as is reasonably practicable.

GBR will remain directly accountable to the Secretary of State and the Office of Rail and Road, the independent rail safety regulator on this work. As is the case now, effective consultation, robust evidence gathering and meaningful engagement with communities and local authorities will ensure that decisions are well informed and responsive to local needs. Through that approach, GBR will manage level crossings in a way that maintains high levels of safety for all users, reflects local priorities and is firmly grounded in evidence. I therefore urge the hon. Member to withdraw the motion.

--- Later in debate ---

Brought up, and read the First time.

[Jerome Mayhew]

I beg to move, That the clause be read a Second time.

[The Chair]

With this it will be convenient to discuss the following:

New clause 32—Working Practices and Productivity Modernisation Framework—

“(1) Within 12 months of the passing of this Act, the Secretary of State must publish a Working Practices and Modernisation Framework (“the Framework”).

(2) The Framework must include measures to—

(a) enable all passenger routes to be planned and delivered as a seven-day service, within the pay and conditions for standard working hours;

(b) enable drivers to operate train doors without additional payments in locations where this is not yet standard practice;

(c) require Great British Railways to establish a train driving school with updated training methods, with the purposes of reducing route-knowledge training times and increasing driver availability;

(d) end practices including—

(i) short-notice holiday approvals;

(ii) dependency on overtime to compensate for sickness absence or annual leave;

(iii) the prohibition on driving more than one journey over the same rails;

(e) introduce multi-disciplinary and flexible maintenance teams in GBR;

(f) support the adaptation of drone-based and digital inspection of railway infrastructure;

(g) prohibit unnecessary delays in introducing new rolling stock arising from route-learning requirements or working practices that exceed what is reasonably required for the safe operation of the railway, ensuring new fleets can deploy when manufactured;

(h) permit driver managers to drive trains when required;

(i) require maintenance and operational teams based in a specified areas to assist teams in neighbouring areas;

(j) prevent the Secretary of State from awarding general pay rises to any area of the rail workforce where—

(i) workforce productivity has fallen, or

(ii) where actions required in the Framework have not been implemented.

(3) Great British Railways has a duty to secure compliance with the Framework.

(4) Where the duty on Great British Railways under subsection (3) applies in respect of services which are run by any person other than Great British Railways, Great British Railways must fulfil the duty via access agreements with the person running those services.

(5) Within 12 months of this Act coming into force and within every subsequent 12 months, Great British Railways must publish an annual report on the measures in the Framework.

(6) Any report produced under subsection (5) must include—

(a) a summary of measures taken to reform the rail workforce as a result of provisions of the Framework;

(b) data on—

(i) workforce productivity,

(ii) cost savings,

(iii) changes in overtime expenditure, and

(iv) reasons for any delays in implementation of the provisions of the Framework.

(7) The Secretary of State must lay before Parliament a copy of any report produced under subsection (5).

(8) The Secretary of State may issue directions to Great British Railways under section 7 of this Act where, in the opinion of the Secretary of State, it has not met its duty under subsection (3).”

This new clause makes provision for a Working Practices and Productivity Modernisation Framework.

New clause 55—Mutual and co-operative structures—

“(1) Great British Railways must publish a report on the potential benefits to passenger railways services of mutual or co-operative corporate structures.

(2) The report under subsection (1) must consider the impact of mutual and co-operative corporate structures on employee engagement and governance.

(3) The report must be laid before each House of Parliament within six months of this Act being passed.”

This new clause requires GBR to explore and consider mutual and/or cooperative corporate structures with regards to employee engagement and governance.

[Jerome Mayhew]

New clause 31 seeks to reimpose minimum service levels. It would require the Secretary of State to make regulations to impose minimum service levels on passenger rail services, and for GBR to enforce them. The previous Government passed the Strikes (Minimum Service Levels: Passenger Railway Services) Regulations 2023, and the new clause essentially makes the railways subject to those regulations once more.

The purpose of the new clause is to reduce the impact of rail strike action on the ability of passengers to access their place of work and essential services, and to reduce the negative impacts on the wider economy, by setting minimum service levels—MSLs—for passenger rail during strikes. The intention is that the new clause will lead to an improved and more consistent level of service for passengers during rail strikes, when work notices are issued by employers to secure MSLs.

Public transport is critical for the everyday lives of citizens in Great Britain. The transport system supports all sectors of the economy and is a crucial enabler of economic growth. Rail is an important public transport mode as it enables passengers to make vital journeys, such as commuting to work or accessing essential services. Strike action on the passenger rail network can lead to disproportionate disruption to millions of people who rely on these services. A survey conducted by the Department for Transport in 2022 found that most rail users’ journeys were impacted by strike action, with some passengers reporting an adverse financial impact as a result.

Strike action usually takes place when there is a dispute between the employee and the employer, and the dispute cannot be resolved by other means. It is intended to cause disruption to the employer and, in some cases, the wider economy. Strike action in the rail sector, however, affects ordinary rail users, who are not party to the dispute. In December 2022, a report by the Centre for Economics and Business Research estimated that rail strikes between June ’22 and January ’23 would result in a loss of UK economic output of around £500 million due to people outside the rail sector not being able to work. Several sectors, including hospitality, have reported loss of revenue directly from the impact of rail strike action.

Government intervention is intended to mitigate disproportionate impacts of strike disruption on the railway, rail users and the wider economy. While the rail industry has put in place contingency plans to run a limited number of services during previous strike action, the level of service that it can deliver varies. Setting MSLs for passenger rail services will provide an important tool for employers to be able to deliver an overall improvement on the service levels that are typically seen during strike periods, and provide passengers with more certainty and consistency, which is just as important. This is intended to mitigate the adverse impacts of passenger rail strike action on users’ access to their place of work and to essential services, and the impact on the wider economy, while balancing that with the ability of workers to take strike action.

New clause 32, also in my name, would provide for a working practices and productivity modernisation framework. It would implement a number of provisions to make running GBR easier and more cost-effective for the Government and the taxpayer. Currently, there are a number of historical terms and conditions in train driver contracts that are outdated and allow drivers to hold their employers to ransom over pay. They make the railway inefficient to run and drivers slow to train, and end up costing taxpayers and fare payers more.

Let us look at some examples of improvements—this is a non-exhaustive list. We could get drivers to operate train doors without additional payments, and provide a train driving school with updated training methods to speed up route knowledge and training times. At the moment, it takes a lot less time to train a pilot to fly a jumbo jet from scratch than it takes to train a train driver. We could deal with the prohibition on driving more than one journey over the same rails, and introduce multidisciplinary flexible maintenance teams that support other local teams when needed. We could permit driver managers to drive trains when required, and link general pay rises to productivity gains.

All those examples, which are listed in the new clause, are eminently sensible improvements to the ability of GBR to run an effective, modern railway. Most people agree that having a seven-day timetable with a six-day roster is ridiculous, because it means that the Sunday service is voluntary. As a result, drivers are always paid overtime even though the service is part of the standard schedule. That does not happen anywhere else in the public or private sector. The new clause would mean that GBR could be run more cost-effectively. Many train companies have historical disputes with drivers over this issue, and have been unable to remove it from their trip terms and conditions as the drivers would simply go on strike. Now is a perfect time to change approach, with the full backing of the Government, in primary legislation. This wholesale reform of the railways is an opportunity for the Government to reset the terms and conditions for train operation.

As I have said, it is currently quicker to qualify to fly a commercial jet than to qualify to drive a train, and once a pilot has their licence they can fly almost anywhere in the world, while qualified train drivers are restricted to a specific route. We want to make it quicker and easier to become a train driver so that more people have access to the job. That is why the new clause legislates for GBR to establish a train driving school with updated methods. It would decrease dependency on overtime for sick days and for leave. GBR would be directly accountable to Parliament on the success of the framework, which we believe to be important.

[Olly Glover]

Let me say a couple of words on the shadow Minister’s new clauses. I entirely understand what he is trying to achieve and he asks some valid questions about the nature of industrial relations in the rail industry and how they are managed. I gently suggest, though, that the complexity of those things is perhaps greater than it might appear. This is not the place for me to share my extensive war stories of negotiating on a whole range of things with ASLEF, RMT and TSSA—the three main railway trade unions—but on that basis, my view is that these are exactly the sorts of things that are best left to GBR, with appropriate support and leadership from the Secretary of State.

Our new clause 55 is a different way of tackling a similar problem. It would require GBR to examine the benefits of mutual and co-operative structures and what they might be able to achieve. It is true that industrial relations in the rail industry are often fraught and subject to frayed tempers. As well as continuing constructive dialogue with the unions, are there other ways of looking at things? Perhaps we could draw on experiences both here and abroad, particularly in Germany, where mutual and co-operative structures, making sure that the worker has a voice on boards, and so on, can create a stronger footing for positive dialogue and secure employee buy-in to the wider objectives of the organisation. I look forward to hearing the Minister’s comments.