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

Keir Mather Excerpts

Tuesday 13th October 2026 General Committees

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

I beg to move,

That the Committee has considered the draft Railways (Interoperability in Northern Ireland) (Convention on International Carriage by Rail) (Amendment) Regulations 2026.

It is, as ever, a pleasure to serve under your chairship, Sir Desmond. The regulations implement the United Kingdom’s rail interoperability obligations under the Windsor framework and update domestic legislation, implementing the convention concerning international carriage by rail, commonly known as COTIF. The regulations establish the technical requirements that railway vehicles, infrastructure and component products must meet before being marketed or brought into service in Northern Ireland.

Interoperability ensures that trains, rail infrastructure and equipment can operate safely and effectively across connected rail networks. Northern Ireland’s railway is unique in the United Kingdom because it connects directly to the Republic of Ireland’s network. Regular Belfast to Dublin passenger services mean that technical compatibility is essential for safe, effective cross-border rail. The interoperability framework in Great Britain is set through the Railways (Interoperability) Regulations 2011. Under the Windsor framework, the UK must apply directive 2016/797 in Northern Ireland where it concerns placing on the market, putting into service and the free movement of railway products. These regulations create a dedicated Northern Ireland framework, supporting interoperability between the Northern Irish and Irish networks and giving industry legal certainty.

The Joint Committee on Statutory Instruments did not draw the regulations to either House’s special attention. The Secondary Legislation Scrutiny Committee raised several questions, and I shall briefly address each directly. The Committee questioned the time between the UK’s obligation to implement the Windsor framework requirements and the laying of these regulations. The UK had not implemented the directive before leaving the European Union. Introducing these arrangements therefore required careful work to ensure that the distinct rail framework to Northern Ireland and Great Britain could continue to operate effectively.

Developing the regulations involved substantial technical and legal work across areas including vehicle authorisation, rail interoperability and safety. It also required close engagement with the Department for Infrastructure and the European Union Agency for Railways to ensure that the new arrangements operate effectively from day one. Substantial implementation work was also required to make the regime operational, including the development of Northern Ireland national technical rules to supplement the EU specifications.

The Committee also questioned the Department’s understanding that domestic legislation was required to implement this directive in Northern Ireland. We have been clear that legislation is necessary and have worked to put the framework in place as soon as is practicable. While the legislative framework was being finalised, the Department introduced interim administrative arrangements to enable the new interoperability regime to operate in practice. We also informed the European Commission of this work while legislation was in preparation. Therefore, many of the requirements in the directive already reflect practices and standards in operation in Northern Ireland.

The Committee also asked why COTIF-related updates are being brought forward only now. The amendment reflects the UK’s position following EU exit. While the UK was an EU member state, the issue was addressed through EU arrangements. Following EU exit, it became necessary to reflect the UK’s position directly in domestic legislation.

The Committee questioned why the Government did not undertake a formal public consultation. The Government carefully considered this issue. The regulations implement obligations that the UK has already entered into under the Windsor framework and COTIF. As the policy approach was shaped by international obligations, the Department therefore undertook targeted engagement with organisations most affected, including the Department for Infrastructure, Translink, the Office of Rail and Road, the Rail Safety and Standards Board and conformity assessments bodies. The Government consider that targeted engagement was proportionate, given the nature of the regulations and the limited scope for alternative policy options.

During scrutiny, concerns were raised about the differing regulatory arrangements in Northern Ireland and Great Britain, including in a submission from the hon. and learned Member for North Antrim. I recognise those concerns, but it is important to be clear about the purpose of these regulations specifically. They do not create the UK’s obligations under the Windsor framework; those obligations are set out in the withdrawal agreement. Their purpose is to implement those obligations through a clear and legally operable framework for industry and regulators. The Government continue to work closely with the Department for Infrastructure to manage any future impacts arising from divergence between the regulatory frameworks in Great Britain and Northern Ireland.

In conclusion, these regulations provide legal certainty and a clear, workable framework for the railway industry in Northern Ireland. They implement obligations that the UK has already entered into, support the continued safe and effective operation of cross-border rail services on the island of Ireland and update domestic legislation to reflect the UK’s international rail commitments. Although technical in nature, the regulations perform an important function by providing clarity for industry and regulators. I therefore commend the draft regulations to the Committee.

--- Later in debate ---

[Keir Mather]

I thank all hon. Members who have taken part in the debate. I shall do my level best to address the points that they have raised, although the broader constitutional questions and sentiments that were espoused in some of the speeches might not pertain directly to my responsibilities or be for the Department for Transport to address. From a personal perspective, I am incredibly proud to be British and a citizen of the United Kingdom of Great Britain and Northern Ireland, and part of that is about meeting the obligations to which we as a UK Parliament assent. This Committee is a part of that process, and that is why I am glad that we have had such a robust debate on the regulations. Let me respond to a few of the issues raised by hon. Members.

As I outlined in my opening remarks, substantial technical and legal work has been undertaken to ensure that the framework can operate effectively alongside existing domestic rail legislation, and provide a workable, durable and legally robust regime for industry and regulators. That is what will ultimately provide the certainty that rail infrastructure investors need to be able to invest in the UK-wide market—in Northern Ireland, and in Great Britain.

On the concerns that the shadow Minister raised on supply chain coherence—a very fair point—I bring to his attention that we have of course already been working under interim arrangements, which closely mirror the system that we presently have. In that regard, businesses have been working to the tune of what this framework institutes. I wonder whether there is a challenge for the viability of projects in the longer term if the arrangements that we have are discordant with our obligations under the Windsor framework.

De minimis assessment was provided in relation to this legislation, as it is for all legislation, and it concluded that the impact on business was not sufficiently great to raise the merits of the shadow Minister’s concern, but it is of course something that we keep a very close watch on within the Department for Transport, given our obligations to look out for the entirety of the UK rail industry, as well as to ensure growth in rail freight and the maintenance of our railway network.

I turn to the questions on the consultation. As I already mentioned, the Department worked with those organisations that are most directly affected by what is an incredibly technical piece of legislation. That engagement informed the practical approach to implementation that was adopted in these regulations.

I fully take on board the view of the hon. and learned Member for North Antrim on the constitutional question, which underlies why this decision has been taken, but the purpose of these regulations is not to reopen the overall question of the Windsor framework. The arrangements under the Windsor framework represent the international obligations that exist on the United Kingdom. These regulations do not create those obligations; they implement them. They are legally binding, are already entered into in good faith and provide legal certainty regarding how those obligations operate in practice for the railway sector in Northern Ireland.

On the broader question of divergence, the Government recognise the importance of protecting the integrity of the UK’s internal markets. These regulations do not introduce a new policy of divergence. Rather, they establish a clear statutory framework to implement obligations that already apply under the framework.

The Department continues to work closely with the Department for Infrastructure to understand and manage any future impacts arising from regulatory divergence and to ensure that businesses and regulators have clarity regarding the applicable framework. If Members have concerns, particularly as pertains to industries that exist in their constituencies, I encourage them to raise those matters with either me or the Rail Minister.

These regulations provide the legislative framework necessary to implement the UK’s obligations relating to rail interoperability in Northern Ireland and to update domestic legislation implementing the convention concerning international carriage by rail. They provide clarity and certainty to regulators, infrastructure managers, operators and manufacturers; support the continued operation of cross-border rail services on the island of Ireland; and ensure that domestic legislation accurately reflects the United Kingdom’s already existing international obligations.

These are technical regulations, but they perform an important function in providing a clear, stable and legally operable framework for the rail industry in Northern Ireland. I commend the draft regulations to the Committee.

Question put.