Railways Bill

Joe Robertson Excerpts
2nd reading
Tuesday 9th December 2025

(1 month, 3 weeks ago)

Commons Chamber
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Joe Robertson Portrait Joe Robertson (Isle of Wight East) (Con)
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I support some of the aims and intentions behind the Bill, and having listened to the Secretary of State’s opening speech, I certainly agree with her reasons for it, but I do not believe that what she is doing will deliver what she says.

Key parts of the Bill are taken from the previous Conservative Government’s 2023 plans to unite train and track, which were not realised due to the change of Government at the election. That does not inevitably have to be done by nationalisation; indeed, under the last Government’s detailed plans, it would have been done under a concessionary scheme. That is not ideology but pragmatism. It is using the state and the private sector to deliver better railways. That model is very similar to the model used by Transport for London, which was designed by Labour and is run by Labour in London.

It is unfathomable why the Government will not look at that sort of pragmatic scheme for the rest of the UK through this Bill. I suspect that the only answer is the inevitable one offered by the shadow Secretary of State, my right hon. Friend the Member for Basildon and Billericay (Mr Holden): this is a matter of ideology. It is about satisfying Labour’s union paymasters and Back Benchers—those Back Benchers who fundamentally run this Government, who vetoed the Government’s attempt to cut the welfare bill last summer, and who ensured that the Budget two weeks ago increased taxes to allow more welfare spending. For the Secretary of State and the Government, this is about a politically prudent pay-off, but it is bad for passengers.

I did some market research earlier. I travelled on a publicly owned service on a publicly owned track from Portsmouth Harbour to London Waterloo, and it was delayed because of signal failure. In fact, I do market research on that route quite often. The track has been in the public sector for over a decade, and signal failure continues to be the most common reason for delays to the train. The issue is not the train company, which was historically private, but the publicly owned track. It is not inevitable that nationalisation will lead to improved services, and there are no guarantees in the Bill that prices will be held down long term, or that services will improve and more passengers will travel by rail. That is simply a matter of faith, driven by a belief in nationalisation.

Daniel Francis Portrait Daniel Francis (Bexleyheath and Crayford) (Lab)
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Southeastern was nationalised under the previous Government, and it remains nationalised under this Government, but this year, it has been brought into one organisation with Network Rail, and there has been the best customer satisfaction for my constituents in Bexleyheath and Crayford, and the best journey times you could see. Southeastern is at the forefront of this programme, so does the hon. Member agree that the proof is in Southeastern’s statistics?

Joe Robertson Portrait Joe Robertson
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The hon. Member obviously was not listening to what I said at the beginning, which was that I absolutely believe in uniting the trains and the track; that was the 2023 plan of the previous Conservative Government. If he is right about the improvements in his part of the world, I suspect that the reason is not nationalisation, but bringing the two together, so that they are subject to similar decision-making processes.

The Secretary of State opened her speech by saying that she wanted a railway system that was greater than the sum of its parts. I agree. If she were to buy a National Rail ticket in Shanklin on the Isle of Wight, get on a train there, and travel to London Waterloo or Guildford, she would, like me, use the ferry service that connects parts of the railway. Fares are not being frozen for that part of the rail route, because the Secretary of State has no powers to do that, and is not creating those powers. In fact, the cost of rail travel from Sandown, Shanklin or Ryde on the Isle of Wight through to Guildford or Waterloo will go up if the unregulated ferry companies put their fares up. The Secretary of State is doing nothing to deal with that part of the railway for people who live in my constituency.

In fact, the situation is worse than that, because the Government are extending the emissions trading system levy to Solent travel. The ferry company Wightlink, which connects the railways, will pay £1 million a year in extra charges because of that levy being extended to it. The Government talk about freezing fares for mainland rail travellers, but they are in fact putting up the costs for Isle of Wight train travellers. The use of fossil fuels cannot be avoided in crossing the Solent, because there is not the electric grid capacity in the mainland ports or the Isle of Wight ports to allow the ferry companies to go fully electric, as the trains have done. That grid capacity will not be there until the mid-2030s. The Government are putting that cost on Isle of Wight rail and road users, but they have exempted Scottish ferry companies, because they say that those provide a lifeline service. Isle of Wight ferries are every bit as much a lifeline service for my constituents, who use them to access education, NHS, friends and family and all the things that everyone else enjoys.

Railways Bill (First sitting) Debate

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Department: HM Treasury

Railways Bill (First sitting)

Joe Robertson Excerpts
Committee stage
Tuesday 20th January 2026

(2 weeks, 2 days ago)

Public Bill Committees
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Laurence Turner Portrait Laurence Turner
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Q I have one final question for Mr Hynes and Mr Westlake. We talked on the Transport Committee some time ago about progress with shadow GBR and the preparations for implementation. As it has been some time since that was discussed, and this Bill has subsequently been published, could you give us an update on the work that shadow GBR has been undertaking?

Alex Hynes: Shadow GBR continues to meet very frequently under Laura’s chairship, and it is really helping to drive alignment and convergence between the Department for Transport, DFTO and Network Rail in this pre-GBR state. Whether it is developing a leadership academy for Great British Railways, looking at where the Great British Railways headquarters is going to be, in Derby, or working with the mayoral strategic authorities on how GBR will work in partnership with said organisations, it is helping to drive the alignment of the industry in this pre-GBR state.

On 1 April, about 200 civil servants will TUPE transfer out of the Department for Transport and into DFTO. One of the things that Jeremy and I are doing is trying to get our organisations and teams—of course, there is lots of good will in this area—to work together as though we were GBR, so we can start capturing the benefits of a more integrated railway system in advance of GBR. That is going well. It is Jeremy and I working together that is enabling us, for example, to put integrated leaders in place.

You talked about the public ownership programme, which I agree is going well; I pay tribute to John’s colleagues, who work well on the safety aspects of the transfer. Jeremy and I are working—in fact, we are discussing it this week at shadow GBR—on whether and when we can put integrated leaders in place, once we have brought the businesses into public ownership, to make track and train work together and create a single point of accountability by having one person in charge for certain chunks of the railway.

Joe Robertson Portrait Joe Robertson (Isle of Wight East) (Con)
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Q This question is directed at the chief executive of DFTO. You talk about the benefits of uniting track and train in terms of management and not having too many organisations. Transport for London obviously goes further, by working across buses, trains, cycle and tube. Is there anything in the Bill that improves the connectivity of rail with other forms of transport? I am thinking not just of my Isle of Wight constituency’s connectivity with privatised, unregulated ferry companies, but of probably every constituency with buses under different ownership models. Does anything in the Bill help to the improve connections between rail and other forms of public transport?

Alex Hynes: The answer to that question is yes. GBR will be required to take into account places’ local transport plans, and there is a process by which partnerships exist, particularly with mayoral strategic authorities—that obviously does not include everywhere, but does include some places. There is also a right to request mechanism, by which people can request further devolution from GBR to their area. There is very much a place-based focus on devolution, because the whole philosophy of GBR is that, other things being equal, decisions made closer to where rail services are delivered will be better than those made hundreds of miles away.

I also think that the combination of the creation of Great British Railways—a unified, publicly owned railway for the nation—with the Government’s intention to publish an integrated national transport strategy and the changes that are happening in the bus market will very much enable us to join up transport modes in places, so that we can deliver a better service to customers.

None Portrait The Chair
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This will probably be the final question; this session has to end by 10.10 am.

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Daniel Francis Portrait Daniel Francis
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Q This question is predominantly for Michael and Alex, but others can come in. On the watchdog and current enforcement, I understand that under the new regulations, the enforcement power would go to the ORR. Could you expand on whether that is an improvement or a backwards step from the current arrangements? Many years ago, I was a member of the London TravelWatch board. There are clearly continuing issues with cross-borough arrangements in London—I speak as a London MP. How do you see the new arrangements working for my constituents, for instance, who will sometimes take a London-only journey but sometimes take a London-into-Kent journey?

Alex Robertson: I will pick up the first point. For us, it is quite a significant increase in our powers and it might be worth setting those out. I will start with the duty on GBR to consult us so that we do not get into a position where we are having to call out something that is not right. That is there in both particular documents and strategies and in decisions made by GBR that might affect passengers. That is an important change. We have the power to request information and require it to be provided to us within a reasonable timeframe. That is a stronger power than we have now, as is the ability to ask for improvement plans.

You highlighted the ability to refer across to ORR. Making sure that works in practice will be important, but the ability is there. One thing we have said that we also need, which we understand the Government will include in the licence, is the ability to call officials in front of us to explain and account for what they have done. We have talked a lot about accountability. There will be ways in which we can work collaboratively and publish information to try to make sure the right thing happens, but a big part of the change we need is GBR being held to account in public, and the powers we have will assist with that.

Michael Roberts: There are two separate dimensions to your line of questioning. First, there is the model where the national watchdog sets standards and monitors compliance, but enforcement ultimately rests with the ORR. I think we are comfortable with that approach. It has been mentioned that the more the watchdog moves into the role of regulator, the more its ability to act as passenger champion and to speak in an unvarnished way on behalf of the passenger is diluted, because as the regulator it has to take into account a broader range of considerations when opining. I think the model is fine. The “but”, or the “if”, depends on how independent one feels that watchdog will be in its ability to point out failures and speak truth to power, and the Committee may want to come back to that later.

Your other point was about how the two watchdogs work together. At one level, I think we are reasonably comfortable. Transport Focus and London TravelWatch have a collaboration agreement whereby we share resources within our respective areas for the common good. It is not quite fit for purpose for the new world. We will need to refresh that and set out how we expect to work together in a world where Transport Focus, or whatever it is called in the future, has a standard-setting role.

Where we have a concern, and where we think the Bill is currently flawed, is with regard to our independent ability to be consulted within key industry processes. I heard the evidence given by the chief executive of the DFTO, and I believe that he was slightly mistaken. Transport Focus—or passengers’ council, to give its formal title—is not the only statutory passenger representative body. We are that body for London, as you will know.

We have responsibility for reviewing the provision of rail services within what is known under statute as the London railway area, which covers approximately 400 stations out of a national total of about 2,500— so getting on for about 20% of the national footprint. Around 70% of all railway journeys start or finish within our remit, yet there are probably four or five places within the Bill where GBR’s duty to consult is with the passengers’ council—for example, on its business plan—but there is no explicit reference to us, despite the fact that we are a statutory body. We think that needs remedying.

Joe Robertson Portrait Joe Robertson
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Q My question relates to the interconnectivity of rail services and other public transport. We have heard evidence today about the Bill supposedly offering potential for integrating rail-to-rail connections. Let me give an example: a rail ticket from London Waterloo through to Ryde Pier Head can be bought through National Rail—one ticket, one payment—but the train that leaves Waterloo at, say, 3.30 pm will get into Portsmouth Harbour five minutes after the ferry departs for Ryde Pier Head to complete that journey. This Bill gives no powers over, for example, Isle of Wight ferry companies, which are privatised and unregulated. Is there anything in the Bill that might help to deal with that? I use ferries as an example, but clearly buses and other travel providers are relevant elsewhere. Is there anything in the Bill that can deal with that sort of timetabling issue, so that it becomes a thing of the past? If not, do you see an opportunity to bring in some provisions in this Bill, and perhaps you could identify what that would look like?

Ben Plowden: As we heard in the previous panel, the provisions in the Bill for GBR to engage with and to take account of the strategies and interests of communities in the regions and localities are very important, because understanding of anomalies is likely to be much greater closer to where they occur.

Whether the Bill could require the list of people that GBR is required to engage with to be extended—for example, to ferry operators—to make sure that services, including the planning of timetabling and fares or ticketing, were more properly integrated, is an interesting question. I do not know how you would do that in the Bill, but certainly the involvement of mayoral combined authorities and local authorities in this process will help. It is an interesting question whether the Bill could make specific provision for the additional transport providers and operators that GBR would need to engage with to achieve that integration.

Emma Vogelmann: At Transport for All, we very much look at every journey as multimodal—exactly what you were describing. We have found through our research that interchanges, specifically those between modes of transport, are one of the most significant barriers that disabled people experience on any journey. Where in the Bill this could be dealt with is a really interesting question, but as well as integration with other transport modes, such as ferries and so on, we also need to look at the immediate surroundings of stations, where I do think this Bill could have some influence.

We know that disabled people may not use a particular station because, although it is step-free, there is no blue badge parking around the station, meaning that there is no way for them to get safely to it, or there no dropped kerb to allow them to use that station. If we are going to look at journeys as multimodal, we really need to see this as an opportunity, potentially in this Bill, to look at the areas surrounding railway stations themselves.

Alex Robertson: I do not know what could be changed within the scope of the Bill to directly address your issue.  It is partly a question of how effectively local transport is integrated, and then how that integrates with national transport.

I did want to mention that we are passenger watchdog not just for rail, but for buses and the strategic road network, and we look at it through the lens that has already been talked about. Emma particularly highlighted that the perspective we would bring is to ensure that, when decisions are made and priorities are set, they are thought about in the round—how they affect people in their door-to-door journeys—and not narrowly in terms of rail.

Joe Robertson Portrait Joe Robertson
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Q Can I just check that you do not have any oversight of ferries?

Alex Robertson: We do not.

Michael Roberts: Your question prompts a slightly different line of thought from me. I apologise, because my focus is very much on travel in and around the capital, rather than the Isle of Wight, as important as it is. I have a concern about the extent to which the provisions in the Bill about fair and open access to GBR’s assets—the future of its track and signalling systems, for example—may compromise the degree to which effective integration can happen in the capital. I say that because TfL runs a significant number of services over GBR assets today. The busiest line in the country—the Elizabeth line—is a GBR asset that is run by an operator that is mandated by TfL. The London Overground runs over GBR assets, and so do parts of the London underground; if you are a user of the District line or the Bakerloo line, you are using GBR assets.

The ability of TfL and the operators under its oversight to have fair and open access to those assets is extremely important to the travelling public, in whom I am particularly interested. I know that open access is a broader issue, rather than a London-specific one, but, for the Committee’s deliberations around that, I would flag that it is not immediately clear from a London perspective that the provisions are strong enough to give TfL, for example, the comfort that it will have the degree of access that it wants, to continue providing those services effectively.

Sarah Smith Portrait Sarah Smith
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Q Ben, I want to come to your proposals around the duty to grow passenger use. Could it not be assumed that that runs throughout the Bill? Why do you think it is needed as an additional explicit provision?

Ben Plowden: Clearly, in broad terms, GBR will be incentivised to increase passenger demand, not least because of the revenue that would flow from that, as well as its ability to deliver its other duties, such as the public interest duty. It seems odd to us that there is a difference between the way that incentive is expressed for passengers versus freights; there is a very clear requirement in the Bill to promote the use of the network for the carriage of goods and for the Secretary of State to separately set a freight growth target.

We think that, for consistency, and to give a statutory incentive for GBR to grow passenger use alongside its commercial incentives, there should be an equivalent duty to promote the use of the network for passengers and disabled passengers, and a separate duty for the Secretary of State to set a growth target for passenger demand over time. The Secretary of State will obviously need to determine that growth target in the light of financial circumstances, network capacity and all the other things that will determine what could realistically be achieved. But, unless there is a statutory incentive for GBR to grow passenger use over time, we think it may find itself perversely and unintentionally, or at least in terms of its other duties, reducing service frequency and crowding people off the network through fares, because of the specific requirements about passenger service standards that we discussed before. I think it would be very helpful in the drafting to provide an equivalence for GBR for passengers so that is like the freightduty.

Railways Bill (Second sitting) Debate

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Department: Department for Transport

Railways Bill (Second sitting)

Joe Robertson Excerpts
Committee stage
Tuesday 20th January 2026

(2 weeks, 2 days ago)

Public Bill Committees
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Laurence Turner Portrait Laurence Turner
- Hansard - - - Excerpts

Q But for inter-city, something similar to franchising?

Steve Montgomery: Yes, you can put it out.

Joe Robertson Portrait Joe Robertson (Isle of Wight East) (Con)
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Q I have a question about GBR’s licence. What can we glean from the provisions for that licence in the Railways Bill, without having seen a draft of the document?

John Thomas: It is really difficult. As I said earlier, all we can glean is that, given the reduced powers that ORR will have, it will be a slimmed-down licence; ORR will not have the power that it currently has to enforce business performance. Until we see it, we cannot really comment on it.

I am a bit surprised that we have not seen a draft of the licence yet. We have seen the access and use policy discussion document, but not a draft of the licence. It has been a long time in the making, so I am surprised that we have not seen it yet. I was told that we might not see it for some time. It is a key part of the overall framework, so until we see it, we cannot really comment on that framework. We are having to—we are having to comment on the Bill—but until we see the licence it is difficult to determine what our position will be.

Joe Robertson Portrait Joe Robertson
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Q What role would industry expect to play in the production of that licence?

John Thomas: As a minimum, we want to be consulted and to help to shape the licence. Our ability to do that will be affected by what will ultimately be in the Act, but we certainly want to be consulted and help to shape the licence.

None Portrait The Chair
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I am afraid that the next question will probably be the last to this set of witnesses. I call Sarah Smith.

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Lloyd Hatton Portrait Lloyd Hatton (South Dorset) (Lab)
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Q Both mayors have touched on this point in some detail already. I just wondered what your view was on whether the Bill contains the right elements to ensure that we can get the simplest and most local improvements made. A frustration that so many of us in this place have is that the current rail network is deeply fragmented, so completing even the most minor changes, such as repairing a door or reopening a disabled toilet, takes months if not years. I certainly have that at my local train station in Weymouth.

How do we make sure that GBR is able to be as responsive as possible to those very local, very small-scale but otherwise very important improvements to stations and the wider rail infrastructure?

Andy Burnham: If we think about it this way, mayoral combined authorities and the transport authorities that Tracy and I lead will be able to add value to the railway by bringing resource to invest in our stations and adding more passengers to the railway, because the Bee Network cap covering all modes will encourage more people to travel by train. We have something to add to the railway to make it serve people and places better, and to make access improvements more quickly, so that passengers do not walk away from the railways because they see a problem that never gets fixed. That is the way to look at it.

However, if we are going to put our own resources and effort into improving the railway, we have to be a meaningful partner. We cannot have rail as a silo that may or may not listen to us—that would not be the right arrangement. We should have a Bill that really cements the partnership and requires joint decision making, as opposed to us being consulted but maybe not listened to. It is possible to do that.

We like everything that is here, the direction of travel is right and we support what the Government are trying to achieve, but if we always have in our heads that railways serve places rather than themselves, it follows that a properly balanced partnership between the two is needed. Sometimes it feels like the railway just serves its own purposes, and does not have enough regard for places. The Bill should leave no doubt that railways are there to serve places and the people who live in them.

Tracy Brabin: I concur with Andy. It is about accountability, and it is also about revenue, so that if you have built this great station and the toilets are not working, you have skin in the game, because you want it to work. Who actually owns that responsibility: Network Rail, GBR, or the mayor who knows the need and can get on and deliver?

Joe Robertson Portrait Joe Robertson
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Q In previous questions today, I have asked about the integration of railways and other public transport, which the Government say they want to improve. When I have talked about my constituency and the example of connecting rail and ferries, given that our ferry companies are unregulated, privatised and controlled by private equity, the answer has come back that mayoral combined authorities will have powers to improve connectivity and timetabling issues. Notwithstanding the fact that the Isle of Wight does not have a mayoral combined authority yet, I want to ask you as mayors how that can work in practice. Does the Bill give you any extra powers, particularly on integrating modes of transport, where you have little or no regulatory powers at the moment?

Andy Burnham: It is important to say that we are doing that without the Bill at the moment. Again, we thank the Department for coming with us on the Bee Network journey. We will bring the first two rail lines into that this year; and over the next three years, eight rail lines will come into the Bee Network system. It is complex, because some of the lines begin outside of our borders, such as in Glossop and Buxton in Derbyshire, or in Southport in the Liverpool city region, but because those lines are GM commuter lines, so are not going to Liverpool, it is right for them to be in the Bee Network. We have made that argument and the Government have supported us.

We have already created an integrated ticketing system for tram and bus travel in Greater Manchester: you can tap in on both now, and there is a London-style cap. We want to add rail to that as soon as possible. When the first lines come into the Bee Network in December, people will be able to buy a paper ticket that covers tram, train and bus, but in time we want that to be integrated.

There is absolutely no reason at all why you could not have that over train and ferry travel—I know that the Mayor of Liverpool wants Mersey Ferries to be a part of his integrated system. It is complicated, but it is absolutely possible. The Department has already shown a willingness to do it, and is putting the technology into the rail industry to support that.

Joe Robertson Portrait Joe Robertson
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Q In the best case, as mayors, would you like to see more powers in the Bill? I get that you support the Bill, but in the best world, would you like to see more powers for mayors to integrate in it?

Andy Burnham: I think there should be a presumption in favour of integration; you are absolutely right. Other countries, such as the Netherlands, have had that as their guiding star, but we went down a fragmentation route in public transport, and have suffered as a country as a result. Integration is the way to think. People are not just loyal to one mode; they want to use transport in as convenient a way as possible. The railways have not had an imperative to think that way for a long time, but you are absolutely right to think of integration as the watchword.

Jayne Kirkham Portrait Jayne Kirkham (Truro and Falmouth) (Lab/Co-op)
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Q You have sort of answered one of my questions: I was going to ask about combined and integrated local transport offers and ticketing, and how that would work. I think you answered that you could consult. Will you say something about safeguards in terms of how that ticketing would work and how you would share the tickets with GBR? Can you foresee any issues with that?

Tracy Brabin: As Andy says, we are already doing it. We are sharing with the bus operators in our integrated Weaver network, where we have, for example, brought in the “mayor’s fare”. I think it is the only one in the country, and it is a day saver. It is capped and can be used on any bus, anywhere, for any number of journeys and on any operator. We work with the operators to divvy up the checks and balances of the passengers. I think you can see that it is possible.

To the previous point, devolution means that every region is different, so you do not always have to have one size fits all; you can have whatever works for you and your community. There are definitely ways to do it. Certainly, if it is done in London, that should give you comfort that it can be done elsewhere.

Railways Bill (Fifth sitting) Debate

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Department: Department for Transport

Railways Bill (Fifth sitting)

Joe Robertson Excerpts
Committee stage
Tuesday 27th January 2026

(1 week, 2 days ago)

Public Bill Committees
Read Full debate Railways Bill 2024-26 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 27 January 2026 - (27 Jan 2026)
Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

It is just as pleasurable to have you in the Chair today as it was last week, Sir Alec.

I remind hon. Members that clause 7 gives the Secretary of State the power to issue and publish directions to Great British Railways relating to its railway activities. It also outlines how the Secretary of State must obtain consent from Welsh and Scottish Ministers before giving directions relating to their devolved services, except where powers are used in relation to the access regime. The clause further outlines how GBR will be required to comply with directions, which are mandatory and binding, and intended to be used as a so-called

“responsive tool for necessary course correction, rather than as a proactive tool to set requirements on GBR,”

or, as further clarified in the explanatory notes, as “a last resort”.

Interestingly, although the explanatory notes state that a direction by the Secretary of State is a mechanism of last resort, the clause itself gives no indication to substantiate that. Instead, it suggests that the Secretary of State can act independently of their Welsh and Scottish counterparts’ views, especially as there is a reliance on non-legislative measures. My first question to the Minister is, therefore: why is this supposed last-resort requirement not on the face of the Bill?

When dealing with matters relating in particular to the interpretation of devolution, the risk is that any decision taken by the Secretary of State may be disputed by the devolved nations and end up as a political football, which only increases lawyers’ profits. Would it not therefore be prudent to set out in the legislation exactly what is meant? Without a clear breakdown of the procedures and directions, surely we run the risk of granting the Secretary of State a large degree of power with very limited oversight.

The clause gives the Secretary of State unrestricted power, other than for operations in Scotland and Wales, to intervene in the running of GBR. That is a step too far. While it is justifiable for the democratically elected Government of the day to set and agree GBR’s strategic objectives, key performance indicators and business plans, after those are set out, the Government’s role should be to hold GBR to account for the delivery of the targets, objectives and strategies, and not to tell it how to do so on a day-to-day basis.

A question arises on clause 8(4), and I would be grateful if the Minister could provide clarity on the oversight system outlined in clauses 7 and 8. Subsection (4) states:

“Before giving, varying or revoking a direction under this section the Scottish Ministers must consult the Secretary of State.”

Presently, GBR must decide whether a decision directly affects devolved services, but the Bill provides no statutory test, which leaves a delivery body making politically sensitive judgments, further increasing the risk of challenge by devolved nations. Clarity for Members, especially those from the devolved nations, will be extremely helpful, so I would be grateful if the Minister would address that directly.

Under subsection (5) of both clauses 7 and 8, directions must be published, but there is no requirement for them to be laid before and scrutinised by Parliament—the old trap of creating transparency without consequence. A reporting or laying requirement, perhaps through the Select Committee, would turn publication into genuine accountability. However, I am interested to hear what rationale the Minister has not to allow greater scrutiny of GBR in Parliament. Again, perhaps he will address that directly in his response. That is the rationale behind our suggested amendments to require the Secretary of State to lay directions before Parliament, in order to allow us to scrutinise the decisions in greater detail.

There is a fundamental question about leadership and who is the key decision maker. We are told repeatedly by the Minister and others that GBR is the directing mind, but will that really be the case if the clause goes through unamended? If GBR really is the directing mind, what is the necessity for the clause? It is a recipe for decision paralysis, with GBR, given the decision-making structures, undermined by guidance—we will come on to that when we discuss clause 9—and by directions from the Department for Transport in the name of the Secretary of State.

Clause 7 really does risk creating the worst of both worlds. We will have the cost of GBR and its oversight structures—we are told in the recently published job application for the part-time chair that GBR will have more than 100,000 employees; it will be an enormous organisation, with its own senior management team—and then we will have the same again, with an overactive Department for Transport second-guessing GBR’s day-to-day working and being able to give guidance and directions as a result of clauses 7 and 8.

Joe Robertson Portrait Joe Robertson (Isle of Wight East) (Con)
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As my hon. Friend describes the growing size of the Department for Transport and Great British Railways, I am slightly reminded of the Department of Health and Social Care, and NHS England. The Government talk of doubling up and so are winding back by abolishing NHS England, but here they are doubling up in the Department for Transport over Great British Railways. I wonder whether he has any reflections on that analogy.

Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

It is not a perfect analogy, because GBR is at least intended to be more akin to a business—a nationalised business—but my hon. Friend is entirely right that where we have two organisations in competition, each one thinking that it runs the railways, that is a recipe for confusion at the least, and disaster at the worst.

This is not an idle concern, because it has happened before. We all remember the Virgin West Coast franchise debacle in 2012, when the slightly arm’s length process of franchising did not go well, causing a communal panic in the Department for Transport. The phrase, “Something must be done to prevent this from ever happening again,” was no doubt repeated many times. The result was that more and more micromanaging took place by the Department for Transport in the setting of franchises. The Department no longer talked only about outcomes that needed to be achieved, leaving how companies went about that entirely up to them, which is the appropriate way to draft a franchise agreement. Instead, that devolved into mechanisms of how a franchise should be operated.

We had that mission creep, and I fear that under the Bill we might get exactly the same approach with GBR. It will be set up with the best of intentions, and perhaps in the first two or three years all will run smoothly and the directing mind in practice might well be GBR, but then something will happen, because something always does happen in the real world, with lots of people doing their best but sometimes making mistakes, and there will be a collective gasp from the Department of Transport, because it will feel like it is on the hook, so “Something must be done to ensure that this doesn’t happen again.” We have designed into this mechanism a structure that allows the removal of GBR’s operational independence, and it does so without any reference to actions of last resort by the Government—the Bill is silent on that.

We talk about the Secretary of State, but we all know that officials in the Department for Transport will be advising the Secretary of State on what he or she should be doing in a particular circumstance, and there will be a power grab. Without amendment, the clause will absolutely allow for that. We should be alive to the real-world experience that we all have and take this opportunity to strengthen its wording in order to design out that issue and ensure that there is proper accountability—with GBR accountable to the Secretary of State and, through the Secretary of State, to Parliament—and that operational independence stays with what will be a nationalised business, rather than creating a railway version of NHS England, as my hon. Friend the Member for Isle of Wight East mentioned a moment ago.

I have tabled two amendments to address this issue. Amendment 12 would limit directions to circumstances in which the Office of Rail and Road assesses GBR to be in breach of its statutory functions. It could be argued that the Secretary of State should have an emergency lever; that is fair enough, because bad things happen. One of our great complaints before the election, although I am beginning to hear it from Labour Ministers as well, was, “We pull the levers but they’re not attached to anything—we have no power.” When we form the Government after the next election, we will want to have levers that are attached to something, and I accept that it is necessary to have an emergency lever to pull should a significant unforeseen event occur—another pandemic, perhaps—and an intervention be required.

However, amendment 12 would still allow the Secretary of State to intervene in emergency scenarios, as the ORR would deem that such events make it impossible for GBR to conform to its business plan targets. Clause 74 sets out the ORR’s power to monitor GBR’s performance. Elsewhere in the Bill, we shall argue that the ORR needs more teeth to hold GBR to account, and this provision limiting the potential for the Secretary of State to intervene until such time that an independent regulatory body has recognised that GBR has not been able to fulfil its functions will be an important safeguard.

Amendment 11 would put the words “last resort” on the face of the Bill, and would provide that a direction may be made only after the removal of GBR’s chief executive officer. The intention behind the amendment is to treat GBR as a business, which I think we all agree is what it is intended to be—albeit a nationalised one. Where there is a board of non-executive directors, they can question the executive team, and they can challenge decisions and require the chief executive to explain and defend the direction of the company. However, when push comes to shove, and the decision is made that the organisation is moving in the wrong direction, the weapon available to the chairman is the removal of the chief executive officer.

If GBR is operating on a day-to-day basis with oversight from the Department for Transport—the Secretary of State—and concerns arise as to its direction or performance, the sequence of severity of the response should not start with guidance from the Secretary of State and then mandatory directions. They might be the final requirement, because we all need those levers, but surely they should come only after the chief executive has been challenged and then removed, just as in the private sector with an arm’s length majority investment.

--- Later in debate ---
When we took through the Health and Care Act 2022 and the Victims and Prisoners Act 2024, there were aspects that were not written into the legislation but were going to be in statutory guidance or something similar; they set out, for example, how independent domestic violence advisers and independent sexual violence advisers would operate. We did everything we could to bring forward even an outline draft so that members of the Committees considering the legislation had a chance to consider it and reflect on it. I am grateful to the Minister. He is very assiduous in correcting the record as he did, with his typical courtesy, but I gently encourage him to have further conversations with his officials about what might be within the art of the possible to publish, even on Report and Third Reading, to allow Members of our House to debate the Bill, and any amendments that have been made or could be made to it, with the knowledge of what might be in the licence.
Joe Robertson Portrait Joe Robertson
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It is a pleasure to serve with you in the Chair, Sir Alec. My right hon. and hon. Friends have already spoken at length and I agree with them, but I will add just a couple of short points to place my disappointment on the record that not even a draft of the licence has been presented.

It is good that the Minister has clarified that it will be coming forward sooner than he suggested previously, but the reality is that it is already too late, as we heard from stakeholders last week during evidence. I urge him not to delay any further. Even an outline draft of the licence as soon as possible, rather than a more detailed one, would be clearly better than nothing. He should also bring forward the other 19 documents identified by my hon. Friend the Member for South West Devon—again, in draft form as appropriate—as soon as possible. As I say, it is already too late for this Committee today, as we debate this very clause and schedule. I wish to place that on the record.

Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

I echo all the comments made by my right hon. and hon. Friends. I also thank the Minister for facing up to it with a point of order. It was obvious last week that a point of order was on its way. None of us on the Opposition Benches will hold him to his initial, rather quick, response—no doubt I will do something similar during the passage of the Bill—but that does not let the Government off the hook.

This is not business as usual for a Department bringing through a Bill of this nature. My right hon. Friend the Member for Melton and Syston, an experienced former Minister, gave two examples of primary legislation that also relied on secondary documentation. In those circumstances, the departmental teams did provide skeleton outlines for Parliament, which is what we are, to consider and do our job properly. I do not want the Minister to rush out a quick affirmative like last week, so I ask him to take time to consider, perhaps discuss with his officials, and reply later today on whether he and his officials are able to commit to some form of briefing—some skeleton outline—on the nature of the licence, at a time when we can collectively discuss and debate it, and see whether it points in the right direction.

Clause 11 simply enables GBR’s licensing to be set out in schedule 1, which we will come on to in a moment. That schedule amends part 1 of the Railways Act 1993 and sets out the detailed process by which the GBR licence will be issued and maintained. Both the Secretary of State and the Office of Rail and Road will retain the ability to grant licences to railway bodies other than GBR—for example, open access operators, freight operators and other infrastructure managers such as the core valley lines in Wales. I know we will discuss the contents of schedule 1 and the detail of the licence extensively.

Railways Bill (Sixth sitting) Debate

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Department: Department for Transport

Railways Bill (Sixth sitting)

Joe Robertson Excerpts
Committee stage
Tuesday 27th January 2026

(1 week, 2 days ago)

Public Bill Committees
Read Full debate Railways Bill 2024-26 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 27 January 2026 - (27 Jan 2026)
Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

I thank the shadow Minister and the hon. Member for West Dorset for their amendments, all of which look to amend the Secretary of State’s statement of objectives.

First, amendment 120 would require that the statement of objectives contains standards for GBR to meet when conducting its railway activities. I agree that we need to measure GBR’s performance against clear standards to ensure high-quality delivery. However, the statement of objectives, which is a document to set direction and inform the funding process, is not enforceable, and consequently it is not the right place to require standards.

The original drafting provides flexibility, letting the Secretary of State specify what standards should be achieved by GBR when delivering against the objectives in the statement. This allows for circumstances in which providing a standard helps to better articulate the strategic vision for GBR over the five-year funding period.

However, it may not always be appropriate for an objective in the statement of objectives to be accompanied by a standard, particularly when an objective is straightforward or high level, such as a requirement to have regard for security threats or to support economic growth. The Bill contains other mechanisms, including the business plan and the licence, to ensure that there are robust and enforceable measures against which to hold GBR to account.

There is a similar case to be made on amendment 121, which seeks to set a structure for the statement of objectives, and amendment 123, which proposes to expand the list of potential objectives to include a section on productivity and efficiencies. The amendments would change the list from illustrative objectives to a set of requirements. It would fundamentally not be appropriate to impose such a structure on the statement of objectives, which needs to be able to take a different approach each time it is made, in response to wider environmental concerns and socioeconomic circumstances. The intention is that the list serves as a guide to future drafters, and I believe that the flexibility to allow adaptation to circumstances that we cannot predict will ensure that this legislation remains fit for purpose into the future.

Joe Robertson Portrait Joe Robertson (Isle of Wight East) (Con)
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I understand, although I do not agree with, the argument the Minister is making on amending “may” to “must”—he says it would be unenforceable—but he seems, unless I have misunderstood, to have conflated that argument with his point about amendment 122, which seeks not to make a discretionary provision a mandatory one but to expand the considerations. The explanatory statement says:

“This amendment would require the Secretary of State to set the objective for…increasing passenger and freight journeys.”

Perhaps I have misunderstood.

Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

To my knowledge, I am not conflating the two amendments. My point is that setting objectives that are so closely tied to discernible and prescriptive standards would, in effect, contravene the original intention of the schedule, which is to provide flexibility in setting objectives over the five-year period. If, in the hon. Gentleman’s view, I continue not to meet that intention, I will happily give way again.

Railways Bill (Seventh sitting) Debate

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Department: Department for Transport

Railways Bill (Seventh sitting)

Joe Robertson Excerpts
The Minister has heard me make this plea before, but what plans does he have for the GBR’s structure to ensure that seven-day-a-week services are the norm, rather than something that we almost have to be grateful for to be able to work? At the moment it is entirely down to the good will of train drivers, for which I am incredibly grateful, but without them we would be in a bit of a pickle. I thank those who tabled the amendments; they have given us a perfect opportunity to get those issues on the record. I look forward to the rest of the debate.
Joe Robertson Portrait Joe Robertson (Isle of Wight East) (Con)
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It is a pleasure to serve under your chairmanship, Mr Western. I want to speak in support of amendment 137, in the name of the hon. Member for Didcot and Wantage, and amendment 261, in the name of my hon. Friend the Member for Runnymede and Weybridge (Dr Spencer). The two amendments attempt to deliver the same thing: better integration between rail and other modes of transport. The hon. Member for Didcot and Wantage is a man of great attention to detail, but it was perhaps a little sloppy of him on this occasion not to include in his list of trains, buses, trams and cycling the word “ferries”. Of course, ferries are fundamental in my constituency; we cannot get off the Isle of Wight without using them.

Olly Glover Portrait Olly Glover (Didcot and Wantage) (LD)
- Hansard - - - Excerpts

The hon. Gentleman is quite right to rebuke me, albeit very politely and gently. I should have worded the amendment in a non-exclusive manner, to make sure that I did not forget any other form of transport. He is right to highlight, as I know he is about to, the critical importance of the integrated transport terminal in Portsmouth harbour for access to and from his wonderful island. There are many other examples of such terminals, including the one in Ardrossan harbour for getting to and from the Isle of Arran in Scotland. I am sure that, if I had had the Government’s resources at my fingertips rather than having bashed away at this over Christmas, I would not have made that error.

Joe Robertson Portrait Joe Robertson
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I thank the hon. Member for his apology, if that is what that was; it is accepted. My argument for integration between rail and all modes of transport, although I will use ferries as a particular example, is important. The Minister is also the Maritime Minister, and is well aware of the specific issues that my constituency faces.

The two amendments seek to deliver integration through strategy. If we think back to the evidence given to this Committee last week by the future Prime Minister who is currently apprenticing as the Mayor of Greater Manchester, he said that integration is essential—and he would know, being in charge of a combined mayoral authority. We are due to get a combined authority for Hampshire and the Isle of Wight, and the amendments can be viewed as mirroring the strategic responsibilities put on combined mayors, who have responsibility for travel and the interoperability of transport connections in their areas.

What the amendments—and particularly amendment 137 —seek to do is ensure that the Minister and the Government also have the responsibility to ensure co-operation. That is explicit in amendment 137, which calls for

“co-operation with relevant local and regional transport authorities”.

The amendments would end situations such as, for example, the one where, if I was to travel home on the 3.30 train from Waterloo down to Portsmouth Harbour station, the train would arrive five minutes after the ferry had departed. I imagine those are frustrations across pretty much every constituency in the land between trains and other forms of transport. If that situation is not addressed in the explicit way set out by the two amendments, it will continue to be a significant problem that will never get dealt with. Giving more attention and powers through the Bill will help to deliver improvements even for modes of transport, such as Isle of Wight ferries, that are not regulated by the Government and where they do not have explicit and express powers.

Laurence Turner Portrait Laurence Turner (Birmingham Northfield) (Lab)
- Hansard - - - Excerpts

The Transport Act 1981, which privatised British Rail’s ferry operations, including the Sea Link service to the Isle of Wight, contained no passenger interest provisions of the type contained in this Bill. Does the hon. Member agree that such an omission was an oversight and an historical missed opportunity?

Joe Robertson Portrait Joe Robertson
- Hansard - -

I do. It is not difficult for me to agree and accept that the way Wightlink, which was part of British Rail, was dealt with was more than a missed opportunity; it was a bad decision. Locally, I work cross-party with the hon. Gentleman’s colleague, the hon. Member for Isle of Wight West (Mr Quigley) on that.

This Government have an opportunity. I thank the Minister for the work he is doing and I hope he will be prepared to intervene in a way no Government have done. There are clearly opportunities to make small improvements to the Bill, and accepting the amendments would do that not just in my constituency, but in others. I will leave the Minister with a question: if he does not support the amendments, how else might he use powers in the Bill, or would he be prepared to introduce amendments of his own, to improve connectivity for other modes of transport that do not have any formal regulation?

Keir Mather Portrait The Parliamentary Under-Secretary of State for Transport (Keir Mather)
- Hansard - - - Excerpts

Good morning, Mr Western. It continues to be a pleasure to serve under your chairship.

I thank right hon. and hon. Members for their contributions and for the clarity and succinctness with which they delivered them. I am afraid I will not be able to follow in their footsteps when responding to what is a chunky group of amendments and new clauses, so they will have to bear with me for this section of our deliberations. Clause 15 has been of considerable interest to members of the Committee and to the rail industry more generally, as we heard during oral evidence. I am thrilled that so much enthusiasm is being expressed for the strategy both verbally and in amendments, each of which I will now address.

Amendments 134 and 25 relate to the timing of the strategy. Amendment 134 would require the strategy to be set for 30 years. The Government have already confirmed that the strategy will cover a 30-year period. Setting that in legislation, however, is inflexible and unnecessary. Although the Government’s ambition is for a 30-year-long strategy, we need to provide for the ability to make reasonable changes to that term when needed.

Amendment 25 would remove the ability for the strategy to be amended within a 15-year period. That would fundamentally limit the railway’s ability to respond to unforeseen circumstances such as the covid-19 global pandemic. I hope the hon. Member for Broadland and Fakenham agrees that such a circumstance, or any number of other possible events, would clearly require the strategy to be revisited within a timeframe of less than 15 years.

Railways Bill (Ninth sitting) Debate

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Department: Department for Transport

Railways Bill (Ninth sitting)

Joe Robertson Excerpts
Committee stage
Tuesday 3rd February 2026

(2 days, 23 hours ago)

Public Bill Committees
Read Full debate Railways Bill 2024-26 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 3 February 2026 - (3 Feb 2026)
Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

These direction powers, as drafted, replicate those in many other pieces of legislation, which are fit for purpose in making sure there is democratic accountability for the functioning of institutions, while not being overly onerous and overbearing. We see them with the Oil and Gas Authority, Great British Energy and Great British Nuclear. Only one direction has been given to the Oil and Gas Authority in the 10 years the legislation has existed. In government, the Opposition included the precise same direction power for GBR in their draft Rail Reform Bill, so they clearly believed it was necessary at the time. I therefore believe that it strikes an adequate balance.

Joe Robertson Portrait Joe Robertson (Isle of Wight East) (Con)
- Hansard - -

The Minister says Great British Railways, not the Department for Transport, will run the railways. He says that is different from the set-up for the Department of Health and Social Care and NHS England. Was that not exactly the reason NHS England was set up, albeit not by his Government: to run the NHS so that the Department did not have to? I do not see the conceptual difference here at all; what I do is see the inconsistency in the Government getting rid of NHS England because that model does not work and bringing in GBR in the context of transport.

None Portrait The Chair
- Hansard -

Order. Before I bring the Minister back in, I remind colleagues that we are not debating NHS England.