Lilian Greenwood
Main Page: Lilian Greenwood (Labour - Nottingham South)Department Debates - View all Lilian Greenwood's debates with the HM Treasury
(1 day, 12 hours ago)
Public Bill Committees
The Chair
We have two minutes and 30 seconds left if anyone wants to creep in and get a response to any further questions.
Q
Alex Hynes: Yes is the short answer, because the current consumer landscape in rail is fragmented. Transport Focus, the Rail Ombudsman and ORR each have a role. The Bill creates a single watchdog for passengers that has more power and resources. My understanding is that MPs will be able to refer matters to it. Essentially, it puts all the passenger-facing consumer obligations into one organisation and strengthens the accountability that Great British Railways will be subject to in the event that it delivers sub-standard service.
Q
John Larkinson: From our point of view, some of the things that we do now will transfer over to the passenger watchdog. That is a straight transfer. The Rail Ombudsman is a contract that we let. Effectively, in the future, that contract would move over to the passenger watchdog—that is very clear. When the passenger watchdog finds a problem and wants that problem resolved, and cannot resolve it with GBR, the enforcement role is with us. The Bill effectively aligns enforcement in a number of areas through us, through the licence. That will be done through the licence, so that provides a very clear role when the passenger watchdog wants to move something across. There will be a process to deliver that and we are working with the watchdog on how that will work in practice.
Q
John Larkinson: When it comes to some decisions that are on the way, there will still have to be a balance—
The Chair
Order. I am afraid that we are at the end of the time allocated for the Committee to ask questions. On behalf of the Committee, I thank the witnesses for their evidence.
Examination of Witnesses
Keith Williams and Richard Brown gave evidence.
Does anyone else on the panel disagree with that assertion?
Michael Roberts indicated dissent.
Q
Alex Robertson: You are right that we are introducing a new duty and that that is extremely important in terms of accessibility. The general point I would make is that it is important that Parliament and the Government set out their intent in the legislation. How that is enacted and delivered will depend on a lot of things that are not in the legislation, such as the culture of the railway and how disabled passengers are engaged in the co-creation and delivery of it. As the passenger watchdog, we are very conscious that we have a duty to make sure that we do that as well. It is a definite step forward, but whether it delivers on the ground for disabled passengers in the way that is intended depends on a lot of things that are yet to come.
Emma Vogelmann: An important consideration is the Transport Committee’s finding that the reason accessibility standards are failing and disabled people are having really negative transport experiences is that there are no statutory obligations. I completely agree that the Bill is a big step forward, but the duties themselves are very vague and do not necessarily at this point look at enforceable rights and corporate actions.
Ben Plowden: It is welcome that there is a duty to promote the interests of passengers and disabled people in the Bill. We think there is a case for strengthening that duty so that it aligns with the duty in relation to freight, which is to promote the use of the network for passengers and disabled passengers. There should also be an equivalent duty on the Secretary of State to set a passenger growth target, as she is required to do in relation to freight, so that, as we picked up on a minute ago, GBR does not end up being incentivised not to grow the network in order to meet its crowding and reliability duties, for example. It seems to us that giving it a statutory incentive to increase passenger use over time would be very helpful to build on the existing duty in the Bill.
Q
Alex Robertson: Yes, definitely. We are already in dialogue with the ORR about its change in responsibilities and the transfer of functions from it to us. We will put in place an MOU to make sure that works in practice. We are comfortable with it. As you will have heard from the earlier panel, it aligns very well with our general consumer functions, which I think makes sense. Having one single enforcement body on the licence in the new system also makes sense.
Olly Glover
Q
Emma Vogelmann: In the Bill now, the power is very much centralised with the Secretary of State. We feel that there is already a lack of sufficient safeguards in place to make sure that accessibility does not become beholden to political will and the discretion of the Secretary of State. The Bill as drafted depends too heavily on discretion, future strategies and changeable licences. We want to make sure that the accessibility considerations and requirements are meaningful and enforceable and do not leave disabled people politically vulnerable.
Michael Roberts: For my part, rather reiterating my earlier comments, what is important is the expression of what GBR wants to achieve in accessibility, which is not necessarily to be written on the face of the Bill but should be part of the long-term rail strategy or the business plan. Alongside a duty, however it is expressed in the legislation, there must be some clear milestones and outcomes to which GBR aspires—for example, a milestone for the proportion of stations that should have step-free access by a certain point in time, as the Mayor of London and TfL currently have in the capital, or aspirations for the quality of provision of passenger assistance. There has been a rapid increase in the demand for that sort of service by mobility-impaired passengers, but the level of resource has woefully fallen behind the need. Expressing the stepping stones to a truly more accessible railway in strategic documents needs to go alongside the duty, however it is expressed.
Alex Robertson: I agree with Michael about the important milestones. We need to see real shifts in the ambition on accessibility. One of the other things that has been mentioned is that we will have the ability to set the consumer standards for accessibility. Alongside taking over sponsorship of the Rail Ombudsman, I want to see a really good, strong set of standards on which we would consult and engage with disabled passengers. If they were not complied with, they would be passed to the ORR for enforcement.
On complaint handling, at the moment, if you have a failed passenger assist, it is possible for some of the train operating companies to refund you only the price of your ticket, and not compensate for the distress and inconvenience that caused you. That is completely wrong. We would be in a position where that could be looked at properly and changed, so we could take an individual’s complaint and get better redress for them, but also use it to identify systemic issues that might be affecting other people as well. It puts us in a stronger position to do all those things.
Ben Plowden: It is not clear to us that the Bill gives GBR a sufficiently strong incentive to increase accessibility over time, in the same way that it does not give an incentive to increase passenger use over time. One issue might be whether you could amend the Bill to require an increase in accessibility over time to be determined through the other documents that the Government and GBR will produce.
Michael Roberts: I want to pick up a point that Transport for All made separately on the public sector equality duty, which GBR will be obliged to fulfil. The observation from Transport for All is that the impact of that duty is felt retrospectively and depends on disabled members of the travelling public challenging a failure in service when they find it. There might be some merit in the industry—GBR, ORR—co-creating a definition of what the exercise of that duty feels like in practice. That should be up front, as part of the strategic documents against which GBR will be held to account, with the passenger watchdog monitoring and the ORR enforcing.