Railways Bill (Fourth sitting)

Rebecca Smith Excerpts
Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
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Does my hon. Friend agree that paragraph (e) and some of the other provisions will support what I am particularly keen to see: the growth of the entire railway, not just the areas that happen to have a mayor or are part of Scotland or Wales?

Jerome Mayhew Portrait Jerome Mayhew
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My hon. Friend makes a very interesting point. One of the stand-out moments from Tuesday’s oral evidence was that given by the mayors, Andy Burnham and Tracy Brabin. What it highlighted, apart from their articulate defence of their regions’ interests, was how different things will be, under the current proposals, in mayoral combined authorities: there will be the right to ask or be consulted on the devolution of aspects of rail to those authorities. That is great as far as it goes—they said that it did not go far enough, but it goes some distance in that direction.

However, what if an area is not a mayoral combined authority? I believe that is the point that my hon. Friend is making: without the direct relationship that the Government are anticipating for mayoral combined authorities, at the expense of other parts of the country, the “purpose” clause becomes more important. That is another reason why paragraphs (e) and (f) and others are helpful.

Many Members and constituents across the country were enthused by the restoring your railway fund and the new stations fund, which have unfortunately now been scrapped by this Government. They were set up in the last Parliament and led to a renaissance of interest in local railway investment and a focus on modernising working practices and innovating to improve productivity, efficiency and passenger experience.

Working practices are not really spoken about in the Bill as it is currently drafted. This is not a new start-up—we have to be quite clear about that: it is building a new organisation out of some very old organisations, including Network Rail. The aim of modernisation is to do more for less. That is a good thing because it means that there is more money left over for further investment in improving infrastructure and improving or increasing passenger services and more left in the kitty to reduce subsidies—the taxpayer support—and by extension reduce the tax burden on our hard-pressed constituents. Doing more for less by modernising working practices and innovating to improve productivity efficiency is an unalloyed good. It should be very important and at the heart of any organisation—yet the Bill is silent on it.

Although I can hear the subtext, but the new clause is not intended to be a union-bashing measure. It is intended to make a dynamic organisation that has its passengers—its users—at the heart of its interests and that there is a focus on ensuring that GBR continues to have growth as part of its objectives. That aligns with the Government’s decision to put growth at the heart of their mission.

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Jerome Mayhew Portrait Jerome Mayhew
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I was going to say 1.5%, but maybe it is 2%. Let us call it approximately 2%; I leave rail freight in a separate category. But open access operators have a disproportionate impact on driving competitive challenge.

One of the very significant concerns of the sector, which I share, is that if the very dominant GBR is created and the operator and open access operators are not supported, even though they represent just 2% of passenger transit what will be lost is the competitive comparator for what good operating processes and customer-focused activities for train operations look like. It is disproportionately important that GBR should be held to account practically by the operations of open access operators, so such operators must receive fair and transparent treatment. That is what paragraphs (i) and (j) set out. They would ensure that the system is transparent where we believe that the legislation as drafted is currently vague.

Paragraph (j) enshrines the growth freight targets that we all agree on and that the Government have outlined. Paragraph (k) states the need to strengthen

“the financial sustainability of the railways”

to reduce reliance on subsidy. That should be an objective, and a purpose, of GBR. The taxpayer has lots of things that his or her money needs to be spent on. If we can reduce, over time, the need for subsidy on the railways, that money is freed up either for tax cuts, which make everyone richer, or to be spent on other important priorities of Government.

Meanwhile, paragraphs (l) and (m) speak to another key aim—integration, both of track and train, and of the mayors, with their local transport integration beyond rail, which are important to have. The lack of explicit inclusion in the Bill feels like an oversight that we are more than happy to shed light on for the Government.

Sir Alec, you will be pleased to know that that is it as far as new clause 1 is concerned, but I do have new clause 2 to entertain you with, which is about key performance indicators. The Government have been asked multiple times over the last few months to provide, even in draft, the KPIs that they intend Great British Rail to operate under. This clause is a first attempt to fill the gap that the Government have left by refusing time and again even to discuss what the KPIs will be, other than to say, using their go-to phrase, that they will be “robust”. What does that mean? We do not know.

The new clause would set a statutory key performance indicator framework, which must include targets for a number of areas, such as reliability, safety, cleanliness, affordability, passenger growth, financial efficiency, freight and others. It is necessary because of the failure of the Government. I would be delighted to withdraw it if the Minister were to stand up and say, “These are the KPIs that the Government have in mind—let’s debate them.”

At the moment, we have draft legislation in front of us—we are a scrutinising Committee and we are here for a month to go line-by-line through the Bill to improve it and understand how GBR will be operated—and yet we have no idea what the Government are even thinking on KPIs, which are a central set of objectives. This new clause seeks not to bind GBR or the Secretary of State to rigid targets, but instead to provide an overall remit for where the Secretary of State and GBR must report within.

Accountability is at the core of public trust in nationally run services, and setting targets in statute ensures there is a positive feedback loop for officials—very importantly—and GBR agents to work against. It helps frame discussions and engagement between the Departments and GBR, and allows a number of different datasets and parameters to be considered. The new clause would also require the Secretary of State to publish these indicators and lay them before Parliament.

The KPIs work as a strong starting position by which GBR can judge itself, and how it in turn can be judged by passengers and the public. Again, the Opposition are having to do the Government’s work for them. We should not be in that position. The Government should have brought forward this Bill with the accompanying documentation, which, as we have heard, is missing— 19 important documents and counting.

Finally, I turn to new clause 5. You will be pleased to hear that it is much shorter, Sir Alec. The new clause would give reporting requirements to GBR, continuing the theme of accountability, which new clauses 1 and 2 also have at their core. The layout of the new clause is self-explanatory. Subsections (2) and (3) link to new clause 2 on key performance indicators, and the clause would enhance accountability further, not just by having targets in place, but by having a clear reporting criterion.

In the same way that a Secretary of State is expected to appear in front of Parliament on a rotating basis in urgent questions, in Committees and through written ministerial questions, it is reasonable to expect that GBR should publish an annual report in which it reports on the targets set by the Secretary of State. Given the eminently sensible and logical outcome of the new clauses, I urge the Government to consider seriously on what basis it would not want to create greater transparency.

Rebecca Smith Portrait Rebecca Smith
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I will briefly make a few comments about each of the new clauses, though obviously I have already intervened on my hon. Friend. I support wholeheartedly what we have proposed in new clause 1, which is no surprise given that I am sitting next to my hon. Friend the shadow Minister. I want to pick up on what he said about the restoring your railway fund as an additional way of explaining why the lack of regional devolution, apart from mayors, is going to be so important for a lot of our constituents.

I represent a constituency in the south-west that had some really great promises made under the restoring your railway fund, and was going to be able to make progress on a new station and railway line between Tavistock and Plymouth. That is really important if the Government want to see economic growth in the south-west, which they do, because they are investing enormous amounts of money in defence. But if we do not build in at this early stage the ability to see growth for regions that do not have a mayor, and are not likely to have a mayor for some considerable time, I remain unconvinced that the Bill is reassuring enough to say, “Don’t worry, these far-flung parts of the country will get a look-in.”

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Rebecca Smith Portrait Rebecca Smith
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Knowing the hon. Member’s enthusiasm for all forms of transport as I do, I would like to build on the point that my hon. Friend the Member for Broadland and Fakenham made about amendment 214 in respect of district councils, and ask whether it would have been better to use the term “a transport authority”, which may well have linked it more clearly to the Bus Services Act 2025. That new bus legislation allows council-led transport authorities to control bus services. Perhaps that would have been good, safe ground to be on, which might well have enabled us to be more supportive.

Olly Glover Portrait Olly Glover
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I thank the hon. Lady for her comments. I think that absolutely was our intention. Perhaps the placement of commas, or semicolons or colons, or dashes if one prefers them—I cannot stand them personally, but some people love them—would have made that clear. The key thing that we are getting at, the thing that is critical, is the last five words of our amendment:

“authority with statutory transport responsibilities.”

We listed all the ones before that just because it is all so complicated and convoluted. But that was absolutely the intention. I think it is perfectly possible, if the Minister can offer an assurance that the intention is not to exclude any parts of the country that do not benefit from mayoral strategic authorities and can say a little about how he feels that the gap in clause 5 will be covered, that that will be enough to give us some assurance.

Edward Argar Portrait Edward Argar
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I will speak relatively briefly about a slightly tangential but linked point about co-operation with local authorities. My hon. Friend the Member for Broadland and Fakenham has already made the point about non-mayoral authorities. Whatever the direction of travel by the Government, there will still be a significant number of areas not covered by a mayoral authority when the Bill—should it pass through Committee and the House—comes into effect. I think that the wording of clause 5 risks excluding, even if only for a time, a number of relevant local authorities.

I have broader concerns about the duty to co-operate—the duty to work together. Rightly, it focuses on the operation of the railways, and that link, I suspect in intention if not in drafting, with transport authorities. However, there is a need—if this is not written in the Bill directly, perhaps the Minister can explain how he envisages it working in practice—for broader co-operation by GBR with local authorities.

To give an example, in Syston in my constituency, we have the very real challenge of flood risk around the brook that runs through the centre of the town. Lots of work has been done by the local flood group and others to reduce that risk and to get the Environment Agency to take steps to clear the brook, which I have also been very active in, but one of the key issues that remains is a pinch point in the brook under a railway bridge, an asset of Network Rail. The problem is a footpath that is built alongside, under that bridge, that takes up a chunk of what could be waterway with a bank. An idea has been advocated to me by members of that group, and especially by Chris—I will not use his full name—who is a very active member. He suggests, “Couldn’t Network Rail be persuaded to remove the footpath and the bank and instead come up with an engineering solution, a metal bridge or metal footpath, that allows water flow underneath?” That sounds like a sensible and practical idea, and I will of course press it with Network Rail, but I use it as an example of an issue that often occurs when railway assets are, quite rightly, very carefully protected by Network Rail because of the impact on passenger trains and safety aspects.

The situation can be incredibly difficult. I have not yet tried my luck with Network Rail—hopefully it is listening and might be receptive—but it can be very difficult to get it to agree to change its assets at the request of the local flood authority or council, for example, and co-operate because it sees that as a significant expense and a potential disruption to the railways. While I hope that I will receive a constructive response in due course, will the Minister address how, if he is not including this in the Bill, he would envisage GBR being obliged to work in a co-operative and constructive fashion with local authorities and other public bodies when their assets are part of the mix of that conversation?

Rebecca Smith Portrait Rebecca Smith
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I will touch briefly on two points that are not necessarily related, but overlap. First, let me build on what my hon. Friend the Member for Broadland and Fakenham said about the word “may” in clause 5(1). Anyone who was at the oral evidence session earlier this week would have heard the Manchester and west midlands mayors talking about wanting a meaningful relationship. They could not pinpoint exactly what meaningful would look like, but the gist was a desire to make sure that the relationship has some “oomph” or a decent foundation to it. I am therefore concerned about the use of the word “may”. Will the Minister define what “may” means and when “may” might happen? Ultimately, that is potentially the biggest get-out clause for not having to act. I know that that is not the intention, but I do not think that the Bill as drafted clearly describes that.

I referred earlier to the general premise of devolution and the Minister tried to reassure me about devolution outside strategic mayoral authorities, but I still do not think that the Bill is clear enough about what is going to happen. Given that the Bill sets up a railway system that the Government hope will last forever, it is not clear how other parts of the country will come into play. The Transport Committee has debated that and heard lots of evidence as well. The question remains. While I appreciate the Minister’s reassurances, they do not go far enough to help me and many others across the country to understand what is in the Bill for them regarding local control and power.

We have debated changing language today and I have already talked about the potential for referring to “local transport authorities”. I am intrigued about why subsection (5)(c) is the end of the line. It refers to a

“Passenger Transport Executive for an integrated transport area.”

Why does this not go further? We know that the Government have huge intentions for devolution and local government re-organisation but, despite their best intentions, that might not come to pass in the way they think.

How can the Bill be changed to reflect areas of the country that do not have a mayor or any of the bodies included in subsection (5)? How will the Government ensure that the whole country benefits from GBR, not just those areas that have great, charismatic mayors—of all colours? They keep being brought in front of the Select Committee as the solution to all of our transport problems, but unless other areas in the country get a mayor, they will not see the benefits of any of it. I know that that is the Government’s intention, but I genuinely do not think that it will be the reality for a number of years.

Keir Mather Portrait Keir Mather
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I turn first to the definition of “may”, which feels as philosophically profound a point as it does a political one. I interpret “may” differently to the hon. Lady. Mayoral strategic authorities, and other local government organisations across the piece, have incredibly divergent aspirations, ambitions and existing structures through which they may want to realise their local transport opportunities and overcome challenges. Using “may” gives them the opportunity to explore the full range of them in a way that is not over-prescriptive. If we combine that with the role that mayors can have in the system to exercise accountability, that provides sufficient safeguards for the mayoral piece of the puzzle.

More broadly, building on the point made by the hon. Member for South West Devon and the right hon. Member for Melton and Syston about what the reality could look like, it goes back to the operational reality that we do not want GBR to be set up as a highly consolidated, top-down organisation that does not have a presence in local people’s communities. On the other hand, GBR’s integrated business units will provide closeness both to the people who maintain assets that are directly related to the railway, and to local government representatives, who will have a very refined view of how the system meets passengers’ needs.

Rebecca Smith Portrait Rebecca Smith
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The Minister’s point speaks directly to something else I am concerned about: how the business units relate to local government areas. His explanation still uses language that makes it sound like the authorities will be much smaller, granulated local authorities rather than larger strategic ones. Can the Minister help me to understand how the business unit will work in an area that does not have a mayoralty—that top level of devolution—in place?

I do not want to be parochial, but two railway companies currently provide services in the south-west, and there are three in the far south-west, if we look at some of the other routes down from London to there. If there is a business unit, what is it controlling? Is it controlling the entire south-west? Is it controlling the railway company providing that service? Does it have to be linked to a level of devolution, or will it exist anyway, meaning that local councils, such as the one in my area, would still refer to them?

Keir Mather Portrait Keir Mather
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The hon. Lady will have to forgive me, but I do not want to be over-prescriptive, and that is for two reasons. The first is that, as she outlines, there are very different cases in different local areas, and I want integrated business units that are set up as part of GBR to be responsive to those particularities. Those matters are part of operational design, which necessarily does not sit in the Bill, because we do not want GBR to be frozen in aspic through legislation. We want its operational workings to be future-focused and agile, as we would want any private organisation to be, which the shadow Minister has outlined.

Secondly, however—this relates to the Conservative and Liberal Democrat amendments—I do not want to create phantom clauses in the Bill and build in accountability structures for council systems that may be replaced by mayoral strategic authorities. We talk a lot about Christmas tree Bills in this place, but I envisage this as more of a bonsai Bill, with each part perfectly formed and maintained, so I do not want to put provisions into statute that quickly become irrelevant.

I thank the shadow Minister for tabling amendment 232, which would create an appeals process for relevant local authorities when a GBR decision affected rail services in their area. The Government support a more locally focused railway and an enhanced role for mayoral strategic authorities. Local partners know their areas best, and that is why GBR will agree partnerships with mayoral strategic authorities to enable close collaboration and joint working on local priorities.

We believe that the amendment is not necessary because clauses 81 to 84 require GBR to consult with mayoral strategic authorities and receive advice from relevant local authorities. Those are the proposed mechanisms through which mayoral authorities will be engaged when one of GBR’s decisions could have a significant impact on the local area. At that point, GBR can receive advice from relevant local authorities and will co-operate with them to find a workable solution. It does not make sense to require a statutory appeals process for something that engagement via other routes can easily solve. I also point to the fact that mayors can appeal the capacity plan or appeal against access decisions if they are aggrieved by them. They can also go to the ORR if GBR ignores the transport strategy, under the existing legislation.

The shadow Minister raised a really important point about the partnership practitioner guide, which was published earlier this month to set out how those partnership models might work. He asked me to point to which functions we have in mind through those models. It could be mayors agreeing local fare packages with GBR as they relate to passenger services, such as through the Bee Network. Hopefully that provides him with a little more detail, but if he has subsequent questions, I will be happy to answer them.

Amendment 214 would enable GBR to enter into arrangements with all tiers of local government, rather than just mayoral strategic authorities. As I have mentioned, the provisions in clause 5 are pitched at that level to reflect the growth of MSAs across England and the role that mayors can play in convening local partners and tackling regional challenges. That level of authority also represents the appropriate scale and capability for integrating rail with wider public transport, and the provision on the intersection with buses is obviously of great importance to the Committee.

I appreciate that not all of England is covered by a mayoral strategic authority, but that does not mean that other tiers of local government will be excluded from GBR engagement. All tiers of local government will benefit from these empowered local business units—they are outward facing, and they will engage local authorities on their priorities and local transport plans. This structure will provide a single point of accountability for local authorities, rather than baking in the fragmented structures of today. For example, I know that Cornwall council works with its local operator, Great Western Railway, and I anticipate that similar engagement will be able to continue under GBR. Local authorities have expressed frustration that fragmentation creates challenges in their engagement with the railway, and clear accountability under GBR will address that.
Rebecca Smith Portrait Rebecca Smith
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I thank the Minister for the further detail that he has provided. A lot of these regions feed into London and the big cities. If local councils are holding their local business units to account, how does that connect with services going from those regions to big cities such as London or Birmingham?

Keir Mather Portrait Keir Mather
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The hon. Lady’s comments speak to the advantage of an integrated railway with a single point of accountability—whether that be at the local level, or through an integrated business unit or GBR’s HQ functions in Derby. The reason for having integration is that accountability is not diffuse, as one single point of contact at the local level can radiate through the system to ensure that local residents get what they need. Beyond that, there are the duties that underpin GBR’s need to promote the interests of passengers as being both a national consideration and something that local businesses should have regard to.

Clause 5 also enables GBR to co-operate with relevant local government bodies, such as MCAs, by entering into formal partnership arrangements with them or by sharing information. The clause does not detail what the co-operation arrangements should be, as every local area is different, but arrangements could include local authorities funding GBR for additional services or enhancements beyond the national baseline. The information-sharing provisions can also allow for more integrated transport planning, for example, so that new bus stations can be located alongside new train stations. This provision enables GBR to co-operate with local authorities, allowing local areas the opportunity to genuinely shape the railway and have greater influence over services.

I have heard from many mayors and MPs that this is how the railway should work, and I know that a lot of members of the Committee have local priorities that the clause can help to deliver. In the future, GBR will be accountable for every part of the railway, and it should be able to do sensible business with every Member of Parliament to get the right outcomes for everyone. I commend clause 5 to the Committee.

Railways Bill (Third sitting)

Rebecca Smith Excerpts
The Government will also provide an update on our GBR implementation plan in due course. As a result, the new clause is not necessary. There will already be a lot of parliamentary scrutiny as GBR is established, and rightly so. I therefore urge the hon. Member to withdraw it.
Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
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It is a pleasure to serve under your chairmanship, Mrs Hobhouse.

I completely appreciate what the Minister is saying. However, I suppose that the outstanding question is this: how will the general public come to understand what GBR is going to mean for them if it is not going to be established for 12 months and if there is not a fixed timetable for reporting back to MPs on how it is going? There has already been a fanfare about delivery; I am sure that there is going to be another fanfare from the Government once the Bill is passed. However, if we are going to take passengers on this journey, so to speak, we must ensure that there is an opportunity for us, as Members of Parliament, to be able to report back, even if it on an issue relating to our own constituency. I think the new clause tabled by my hon. Friend the Member for Broadland and Fakenham is actually quite sensible.

Keir Mather Portrait Keir Mather
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May I draw the hon. Member’s attention to the fact that so far I have not made a single rail pun in the course of this debate—and I intend to keep it that way?

The hon. Member made a really important point about both parliamentary accountability and the general public being able to understand more about how GBR works and what it constitutes. Throughout the establishment of GBR, there are concurrent process that will allow the Secretary to State to outline more properly the long-term future of the railway and GBR’s role in it, including the long-term rail strategy, as well as work that we are already advancing on the accessibility road map and the rolling stock and infrastructure strategy.

Existing parliamentary structures in our Westminster democracy provide ample room for us to hold Government Ministers and the Secretary of State to account on the establishment of GBR. We have oral questions for Transport, as well as the ability to ask urgent questions on GBR’s establishment. Through both Lord Hendy in the other place and Ministers in this House, we have a real ambition to explain GBR’s provisions and ways of working to the general public, because we are confident in its ability to revolutionise how the railway runs on behalf of passengers, but I take the hon. Lady’s point.

Establishing GBR is the primary purpose of the Bill, and clause 1 provides the Secretary of State with the power, by regulations, to designate a body corporate as GBR. The clause enables wider provisions in the Bill relating to GBR to apply to a body corporate, such as the statutory functions and general duties set out in it. Following Royal Assent, a company will be designated as GBR, and it will consolidate Network Rail Infrastructure Ltd, DfT Operator, train operators and parts of the Rail Delivery Group into one organisation to ensure that GBR can be mobilised as quickly as is practicable.

The clause is essential for the Government to deliver our manifesto commitment to reform the railways by establishing GBR as the directing mind, bringing track and train together. I commend clause 1 to the Committee.

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Olly Glover Portrait Olly Glover
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I have not made an assessment of it at this moment. But that is not unique: at this stage in the parliamentary cycle, the right hon. Member will find that a number of the Conservative proposals that are debated in this place have not yet been fully costed—

Rebecca Smith Portrait Rebecca Smith
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I beg to differ: they are all costed, because we are the official Opposition.

Olly Glover Portrait Olly Glover
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I look forward to hearing all the figures. The point is that it is not always about coming up with the exact cost for absolutely every measure. There are plenty of things that are the right thing to do, and that can earn a return on investment. The number of young people who are not in employment, education or training is a significant barrier to economic growth. This measure, by making it easier for young people to use the train to access jobs, is likely to earn a significant return by getting more people into employment and paying taxes.

Before I accepted the right hon. Gentleman’s intervention, I was saying that we want a tap-in, tap-out method of ticketing across England, Wales and Scotland. If that sounds absurd, the Netherlands has it at this exact moment—and there is much that we can learn from that example. We want a guarantee to be issued that whatever ticket passengers purchase, via any means, is the best value fare. There should be no inequality in fare for the same ticket purchased via different means, which can be the case now because of the proliferation of ticketing platforms.

We want a national railcard to be introduced across the country. Many other countries, including Germany and Switzerland, offer national discount cards, but it is a bit of a postcode lottery here, with the network railcard in the London and south-east England area and a number of other regional or local railcards. We want open-source access to Great British Railways’ ticketing systems and rate databases for third-party retailers. That would build on the useful example demonstrated by Network Rail about 15 years ago, when it made the data feeds for its performance and train running systems available for the public to use. That created a wonderful ecosystem of useful train running and disruption apps that were much better than the official ones provided by train operators.

We also want to see greater collaboration with local and regional transport authorities, so that we see much more multimodal ticketing between railway passenger services and local bus, light rail and other public transport networks. That would help us to get the integrated transport system we need to deal with the first and last-mile issues that are often a barrier to people deciding to take public transport over the car. Where a single journey involves travel on multiple rail services, or at least one rail service and another form of public transport, we want steps to be taken to simplify fares and remove barriers to travel.

We believe that our new clause makes a number of proposals that would put our fares and ticketing system on a much better footing. It would deliver value to the taxpayer as well as reduce cost, because it would stimulate many more people to use our railway and therefore increase revenue. I look forward to the Minister’s comments.

Edward Morello Portrait Edward Morello (West Dorset) (LD)
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It is an honour to serve under your chairship, Mrs Hobhouse. I am always slightly concerned about speaking after my hon. Friend the Member for Didcot and Wantage, who has a justifiable reputation as a train expert—I will not say “train nerd”—so I am slightly circumspect.

Rail users, both regular and irregular, have many gripes about the rail system, but the most frequent I hear from constituents undoubtedly concerns the cost of tickets. New clause 9 is about requiring fare increases to be capped in line with inflation. At time of a sustained cost of living pressure for working families, that would provide a long-term guarantee that rail fares will not continue to spiral up unpredictably, which would drive down usage.

The new clause would also mean that children aged 16 and 17 who are still in education would not be charged adult fares simply because of an arbitrary age threshold. In rural West Dorset, this is another issue that comes into my mailbox all the time. Children who are still in education hit the 16-year-old threshold and have to get across the constituency to colleges in Weymouth, at astronomical cost. Extending the 50% discount for under-18s who are in full-time education is sensible and fair, and will be especially good for people in rural communities.

The new clause would also address long-standing inconsistencies in ticketing. As mentioned, a national railcard system would end the postcode lottery whereby some areas benefit from low fares while people in other constituencies, especially rural ones, are left paying more.

Rebecca Smith Portrait Rebecca Smith
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I appreciate the heart behind the hon. Gentleman’s proposal, but can he explain a bit more about why we need a national railcard? There are already all sorts of other railcards, as he rightly points out. There is one for the south-east, and I know there is one in Devon and Cornwall, but they are for specific sets of people doing specific types of journey. If there was a national railcard, would it not incentivise everybody to possess one, so that nobody ever paid a full rail fare?

Edward Morello Portrait Edward Morello
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At one point, going through all the amendments that had been tabled to the Bill, I concluded that accepting them all would mean that the only people who would pay for a full-price ticket would probably be working-age men aged 35 to 45—they would have to single-handedly fund the entire rail network. I am not sure that that is a desirable long-term system, but a simplified system is ideal. I accept the premise of the hon. Lady’s intervention: the regionalised or localised railcards have their own benefit. But invariably we are just creating more and more carve-outs, and a simplified national system may be fairer and easier to sustain over the long term.

A move towards a national tap-in, tap-out system would modernise the network and make it far more user-friendly. In West Dorset, passengers too often step off a train only to have to wait 45 minutes for a bus, because timetables are poorly aligned. Enabling multimodal ticketing would allow rail, bus and other services to work together, making journeys smoother for residents and visitors.

New clause 9 would require Great British Railways to report on and plan for fair fares, modern ticketing, innovation through an open-source system and integration across all transport nodes. Like new clause 8, it would allow us to advocate for passengers, which should be the central theme of the Bill.

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Rebecca Smith Portrait Rebecca Smith
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I thank the Minister for the clarity on the code of practice, which has also been echoed in some written answers I recently received from him. While we are talking about open access, what thoughts have the Minister and the Department given to working with independent retailers who have probably spent billions of pounds developing an app and a website that do a particularly good job? What work will they do collaboratively with those organisations, rather than viewing themselves as competition?

Keir Mather Portrait Keir Mather
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The hon. Lady is right to point out that there are certain areas where GBR will operationally have to work with third-party retailers to ensure that they have the information that they need to continue to discharge their service.

However, another important point is that there are lessons to be learned about existing functions—where they work and where they do not work—in providing value for money for passengers and ease of access to the railway network. That is certainly something that we can take forward as part of the discussion on the Bill. I know that the Rail Minister consistently meets with stakeholders across the breadth of the railway industry, and it should be incumbent on us all to ensure that competitive measures, where they serve the interests of passengers, are incorporated into the way GBR works.

Rebecca Smith Portrait Rebecca Smith
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The point I want to come back to is about value for money for the taxpayer. I want some reassurance that GBR will not go right back to the beginning of the journey of creating a ticketing app and website, which would effectively cost the general public an inordinate amount of money, when we already have a lot of platforms that could be brought in-house rather than having to be separate businesses.

On the value for money point, call me a cynic, but my understanding of computer programming is that it is not very cheap. I assume that that is something that GBR will have to factor in. Perhaps using some of the existing independent retailers might be a better value for money option.

Keir Mather Portrait Keir Mather
- Hansard - - - Excerpts

Of course, those independent retailers can continue to operate. GBR also has, as part of its duties—the things that it is required to follow by law—an interest in promoting the efficient use of public funds. We also think that there are significant economic benefits that can be realised through consolidation when it comes to aspects of ticketing.

As has been so ably pointed out, taxpayers and railway passengers are the same people. To that extent, people being taken in different directions by a vast variety of ticketing apps, not being able to realise the potential savings that are in place, does them a disservice economically. We believe that consolidation can offer them a smoother experience of ticketing and, hopefully, access to benefits that otherwise they might not be able to realise.

To return to the code of practice, it will be fully consulted on before its introduction, so it would not be appropriate for the Bill to pre-empt the specific provisions that it will contain. However, I can confirm to the Committee that the principles I have set out today, which I believe are consistent with some of the concerns that amendments 2 and 117 and new clause 3 seek to address, will very much guide ongoing work in this area.

On that point, I turn back to one of the comments made by the Opposition spokesperson about his concern regarding the setting of fares. I would like to make clear to him that it is not for the Secretary of State to interfere in day-to-day fare decisions. The Secretary of State will be limited to setting high-level strategic parameters to ensure that fares remain affordable for passengers and sustainable for taxpayers. GBR will make all of the operational decisions within those parameters and changes to those parameters would occur only to reflect GBR’s financial settlement, or in exceptional circumstances. That is, in my view, a necessary and proportionate safeguard to protect passengers, taxpayers and Government money. Therefore, as we are already taking significant and sufficient steps to deliver what the amendment envisages, so I urge the hon. Member to withdraw it.

I turn now to new clause 9 an amendments 131 and 132, which are dependent on it. New clause 9 would mandate the publication of a report covering various elements of GBR’s fares, ticketing and retail functions. Many of the items that this report would be required to cover relate to affordable and accessible rail travel—causes to which the Government are steadfastly committed. Affordability for passengers will be a key consideration when the Secretary of State sets strategic parameters and guardrails for GBR to follow on fares. As the Committee is by now aware, the Bill ensures continued statutory protection for concessionary discounts for young, older and disabled passengers.

Elsewhere, new clause 9 covers matters such as tap-in, tap-out payment and integrated ticketing, as well as third-party retailers’ access to systems and products. On integrated ticketing, we are already working with local authorities to integrate rail with local transport modes—and to trial or expand pay-as-you-go travel where appropriate. We are also progressing evaluations of how different pay-as-you-go schemes impact passengers, and the final reports will be published in due course. This work, which has not required additional legislation, is consistent with the ambition set out in various parts of new clause 9.

In summary, a legislative requirement to publish the envisaged report is not needed to deliver the outcomes that we want to see going forward. With that reassurance, I hope that the hon. Member for Didcot and Wantage will agree not to press new clause 9 to a vote. Amendments 131 and 132 are dependent on new clause 9 and, for the reasons set out, the Government do not believe the report that new clause 9 would require is necessary, so I hope that the hon. Member will also agree not to press these amendments.

Railways Bill (Second sitting)

Rebecca Smith Excerpts
Jayne Kirkham Portrait Jayne Kirkham
- Hansard - - - Excerpts

Oh, there is a fraught question. I think anyone in the rest of the country who you ask will be having issues about devolution.

Tracy Brabin: Fair enough. But it is about that oversight of the buses feeding the train timetable.

Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
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Q I was going to ask more about devolution. I will just make the point that I was going to make, and then I will ask you a very quick question.

The application of the term “devolution and local leadership” to this Bill is quite distracting, because ultimately, unless you are a mayoral combined authority, you do not get any of these powers. I think that was what Jayne was alluding to. To my mind, GBR is an increasingly two-tier system: you have the devolved local authorities and everywhere else. I am concerned about what that is going to mean for accountability to local areas. That was more of a statement than a question—apologies.

You keep saying that you want a meaningful relationship with GBR. The question that has kept coming to my mind is: what does “meaningful” actually look like? Can you unpack what you mean by “meaningful”?

Andy Burnham: On your statement, I think we have to get our heads in the space of an all-devolved England. I know it can be difficult, but sometimes people have to see the bigger picture of the area where people live and travel. People go across those borders every day; they do not think about borders as much as politicians.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

It is more the fact that there are not going to be any more in certain parts of the country for this Parliament.

Andy Burnham: For us, though, we are moving to a situation where Cheshire and Warrington are going to have a mayor soon, and I believe Lancashire will too—hopefully, Sarah. That would mean an all-devolved north-west. I think we would start to collaborate very differently with each other in that world, and it would work. I do not see why it cannot go everywhere; I suggest that it should.

On “meaningful”, the answer is that it is joint decision making. Let us get away from the idea that we just mandate the railways. That would not be realistic, because running a railway is complicated. It is about joint decisions. We are already doing it, to be honest with you. We are working like that. We have a Greater Manchester rail board and all the partners come to it. It has moved on a lot in the last 12 months. Going back a year or so, it was a little fractious, but it is not so much any more. People are clicking into a new way of thinking and working. Culture change takes time, but it is happening. It is about jointly agreeing ways forward.

I will give you an example. We had four different rail fares from Manchester airport to Piccadilly in the city centre. We said, “That’s just ridiculous; it’s confusing for visitors.” Picking up on what Jayne was saying, we have now agreed a fare simplification, which came in in December, as a sort of precursor to the cap system. That has just been jointly agreed. We have also agreed with TransPennine that there will be services through the night from Manchester airport. This joint decision making is beginning to happen in a meaningful way, and that is the meaningful bit.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

Q Will you get that with GBR, though? It is great that those relationships exist across the network and the region, but the point in the Bill is specifically that you will be consulted by GBR, but you will not necessarily get to make the decision. You are saying you would like to make the decisions, or at least—

Andy Burnham: Jointly.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

Or at least make them jointly. Is that what you are after—that joint decision making?

Andy Burnham: Yes, I think that would be what we would want. The risk would be that GBR is too remote and not responsive—everything that Lloyd was saying about slow decision making. That is not what we would want. From our point of view, we would want a Bee Network business unit within GBR, with joint decision making and a very place-based focus. That would be meaningful.

Sarah Smith Portrait Sarah Smith
- Hansard - - - Excerpts

Q In Hyndburn, we are less than 40 minutes from Manchester, but very proudly in Lancashire, obviously—

Andy Burnham: We have no plans to annex you yet, but I will let you know if that changes!

Oral Answers to Questions

Rebecca Smith Excerpts
Thursday 8th January 2026

(2 weeks, 1 day ago)

Commons Chamber
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Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
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Straight after questions, I have a meeting with the managing director of Stagecoach in my region. I have worked closely with my right hon. and learned Friend the Member for Torridge and Tavistock (Sir Geoffrey Cox) to mitigate the impact of increased prices for young people travelling to school from villages like Horrabridge and Yelverton. We have had success on fare zone changes, with decreased fares for some, but—because of rural services—not all. When will my constituents see the benefits of the Bus Services Act, which the Minister has referred to, and what needs to happen locally for those benefits to be realised?

Simon Lightwood Portrait Simon Lightwood
- View Speech - Hansard - - - Excerpts

I have already mentioned the fantastic benefits of the Bus Services Act. It gives local leaders the tools that they need to take back control of their bus services, and to shape them around their communities, through improved enhanced partnerships, franchising or local authority operated bus companies.

Railways Bill

Rebecca Smith Excerpts
2nd reading
Tuesday 9th December 2025

(1 month, 2 weeks ago)

Commons Chamber
Read Full debate Railways Bill 2024-26 View all Railways Bill 2024-26 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
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Great Western Railway fares are 2.2 times higher than those of European operators for similar lengths. Rail users in my constituency will be all too familiar with this reality, regularly paying more than £100 for a return ticket to London. Since the Labour Government came into power, we have seen the power of the unions once again, with eye-watering salary increases but no expectations to improve productivity. This means that on the line down to Devon, contracts were not changed when salaries were increased. This would have cleared up the mess that is the lack of seven-day-a-week contracts. Try travelling to Westminster on a Sunday! The creation of Great British Railways is being held up as a panacea to any such issues with our railway. Having served the last year or so on the Transport Committee, where we have been tracking the progress of these plans, I remain unconvinced by the Bill.

I gave my maiden speech during the passage of the Passenger Railway Services (Public Ownership) Bill, the mechanism through which the renationalisation of the railway was enabled. What I said then about that Bill remains true as we debate this one. I said that it was

“a Bill that seems to indicate ideological time travel back to the nationalised railway system of the past and a mistaken belief that state-run institutions are the answer to all our woes. Our railway system needs to drive forward into the middle of the 21st century, not creep backwards to the 1970s.”—[Official Report, 3 September 2024; Vol. 753, c. 237.]

As a child of the ’80s, I remember the old British Rail. Aside from the excitement of travelling on a 125 between Plymouth and my grandparents in Somerset, I do not recall it being any better than the privatised system we have today.

In the development of Great British Railways, the Government must work with industry. There are real concerns that without a strong independent rail regulator, this Bill will squeeze out private investment. Great British Railways will become the second biggest employer in the country—hardly an agile organisation—and it will be calling the shots. As a result, the state-owned operator will be chosen over private sector rivals. The Office of Rail and Road will see its power significantly altered, and some might even say reduced, by this Bill. It is arguable that it will lose its teeth. I would simply urge the Government to keep passengers front and centre of the Bill, but I am not sure that the quango regulator that they are setting up will be in passengers’ best interests.

Private investment extends to rail freight, which is competing not only with state owned operators but with road haulage. The Rail Freight Group warns that the Bill risks driving the sector into decline, costing the UK economy up to £ 2.5 billion and adding 7 million additional HGV movements to the UK road network. While the Government have committed to introducing a statutory duty on GBR to promote the use of rail freight, supported by an overall growth target, I would be grateful if the Minister took this opportunity to clarify how the duty will operate in practice and how it will ensure that GBR does not give preferential treatment to state-owned operators. Where the Bill places freight in the hierarchy of railway line use is critical, but it is not yet explicit on that, which is concerning.

Graham Stuart Portrait Graham Stuart (Beverley and Holderness) (Con)
- Hansard - - - Excerpts

I wonder whether my hon. Friend is concerned, as I am, about how Ministers will square their responsibility to the trade unions—who, of course, fund the Labour party —with the producer interest, and whether she has any reflections on their past failure to get that balance right.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

My right hon. Friend raises an interesting point, which is that the very good conditions that private companies have been forced into by trade unions will end up TUPE-ed across to these state employees and, ultimately, the best conditions will be the ones that get delivered to the most, all in that huge new employer.

Many Members from across the House have highlighted the importance of connecting underserved areas, and nowhere in the country is that case more powerfully made than in the south-west. Before closing, I would like to highlight to the Minister two examples affecting my constituency. Both featured in my maiden speech, so I know he is familiar with them. I will continue to champion them, as well as the need to secure the railway line at Dawlish.

Many CrossCountry trains currently pass through Ivybridge station without stopping, because the platform is too short. That forces local people to travel by bus or car to Plymouth, Totnes or Tiverton, making rail travel far less convenient. I have secured with local stakeholders the funding for a feasibility study for the extension. That modest project would make a huge difference to our community and I hope it will not be hindered by the Bill.

I am also committed to securing a Plymouth metro, including plans for a station in Plympton in my constituency. Plympton’s 30,000 residents have been without a station for more than 60 years, and it would be transformative for that part of my patch. Both Plympton and Ivybridge have many residents working at Devonport naval base and at the growing defence hubs in Turnchapel and Langage. The Government have promised billions of pounds to the city as part of a defence deal, but if that deal does not include funding for transport, what is the point? I urge the Government to ensure a joined-up approach in delivering the railway that the city and surrounding communities need to deliver on the defence role that the Government want.

I support the efforts to improve our railways and to bring ticket prices down, but a simple return to a nationalised British Rail is not the answer. As Conservatives, we understand the importance of retaining a strong role for the public sector through open access, protecting rail freight, improving efficiency and providing—

Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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Order. Many colleagues have been waiting for a while to speak. To enable me to get every colleague in, I need to drop the speaking limit to three minutes and encourage Members not to take interventions. The next person to speak will be Dr Scott Arthur with three minutes.

Oral Answers to Questions

Rebecca Smith Excerpts
Thursday 11th September 2025

(4 months, 1 week ago)

Commons Chamber
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Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
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Previous Conservative Governments were committed to repairing the railway line at Dawlish, which is vital to Devon and Cornwall’s economic growth, yet this Labour Government have said that they will complete the rail resilience programme only if and when survey work shows that it is needed. Given the likelihood that the Treasury’s emergency fund will have been spent on public sector pay increases, can the Secretary of State guarantee that funding will be found for resilience works, if they have not been planned and committed to as part of a fiscal event, should an unexpected incident or landslip take out the line at Dawlish?

Heidi Alexander Portrait Heidi Alexander
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We are still funding drainage works and survey work on the Dawlish line. Four phases of work have already been completed. The cliffs are much more resilient than they were a number of years ago, when we experienced catastrophic failure. We have paused funding, but we will continue to keep under review the information that comes back from the survey so that we can continue to provide a reliable and resilient service for people in the south-west.

Road and Rail Projects

Rebecca Smith Excerpts
Tuesday 8th July 2025

(6 months, 2 weeks ago)

Commons Chamber
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Heidi Alexander Portrait Heidi Alexander
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I cannot possibly compete with those railway puns, but I am delighted that my hon. Friend’s constituents have such a strong advocate for public transport and investment in the rail network. He is right to say that the midlands rail hub can have transformative impacts, and I thank him for all that he has done in championing the scheme over the months. He has been such a positive Member of this House.

Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
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I thank the Secretary of State for her statement, but I am really disappointed that the TavyRail scheme has received a red light. We have heard quite a lot about the investment in Devon and Somerset. The Government are delivering a huge amount of investment in Plymouth, which is welcome, but without a rail link between Tavistock and Plymouth that can continue further into my constituency at Ivybridge, I struggle to see how the investment in defence and housing will be fulfilled. Given that the Secretary of State is committing at least £725 billion for infrastructure over the next decade, I would be interested to know why she could not find £1.5 million to fund the business case for TavyRail.

Heidi Alexander Portrait Heidi Alexander
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We are keeping a number of schemes under review, and we will set out a pipeline of future infrastructure schemes that we believe are worthy, but which have not been funded in this spending review. I am happy to receive more detail about the particular scheme that the hon. Lady raises.

Bus Services (No. 2) Bill [ Lords ] (Sixth sitting)

Rebecca Smith Excerpts
I support the amendments that would introduce reviews, record keeping and mapping. Some of that may be onerous, but maybe some money can be shifted in the same department from a couple of dual carriageways or bypasses to make it possible. The correct hierarchy of users of public transport and the streets needs to be maintained. If we put an absolute moratorium on floating bus stops to allow for continuous cycle lanes, that would involve more danger for cyclists. It might involve taking space away from cyclists to maintain space for vehicles, and that would not maintain the correct hierarchy of danger.
Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
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Am I right that the hon. Lady is suggesting that a partially sighted person or a disabled person is somehow lower down the hierarchy than a cyclist, simply because they are on a bus rather than walking or cycling?

Siân Berry Portrait Siân Berry
- Hansard - - - Excerpts

Let me clarify. Absolutely not: the hierarchy starts with people who are on foot or wheeling, and it moves down, via cycling, with motor vehicles at the bottom.

I would like to read out the evidence from the London Cycling Campaign. Its design solutions would ensure that the roads are safe, and many of them involve having extra space. The evidence sets out that

“extra space could also mean wider pavements, better sightlines”,

for cyclists who need to give way and

“less fraught interactions at floating bus stops between different mode users.”

The London Cycling Campaign argues that we should

“ensure bus services, walking, wheeling and cycling all get appropriate priority and capacity in funding, design guidance and on the ground in terms of physical space. And that likely means being more willing to reduce space and priority for private motor vehicles in more locations.”

That hierarchy is what I referred to. Where things are really difficult, it may be the right solution in a lot of cases to keep the bus on the main carriageway and make the other vehicles wait. However, that is for the design guidance. None of us is a traffic engineer—unless a Member wants to interrupt and point out that they are. That guidance must be produced in consultation with disabled people, particularly those who are blind or partially sighted, and it must also have the hierarchy in mind. Those designing the guidance should be much more willing to take space away from vehicles and to keep buses on the carriageway, if that is necessary to provide sufficient space to ensure that the roads are safe and accessible.

Bus Services (No. 2) Bill [ Lords ] (Seventh sitting)

Rebecca Smith Excerpts
Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

I was just coming to that. The hon. Lady is quite right, but I am talking about the up-front capital cost. The lifetime running cost may well be cheaper for an electric bus, but the creator has to finance their capital cost on day one, whereas the lifetime operating costs are spread over the effective lifetime of the asset, which, for an electric bus, is an interesting question, actually. The lifetime of the structure of the bus may be 15 or 20 years, but we are not yet sure what the effective lifetime of the battery component of the bus is, and whether or not it needs to be replaced after about 10 years. The data is not particularly robust on that. If it means that we have to change out enormous battery banks during the operating process, that would be a significant additional secondary capex cost.

The Department for Transport figures for March 2024 say that there are 29,400 buses used by local bus companies. If we are going to replace all of those, that would be an £8 billion investment. That is very significant, and it is not considered in the impact assessment. There are some long-term savings, as the hon. Member for Brighton Pavilion quite rightly pointed out. It is not just the differential in costs between electric and diesel; there are reduced maintenance costs as well. There are many fewer moving parts with an electric vehicle as well as the lower fuel cost, but the capex costs are front-loaded, and we cannot ignore that. Have the Government considered the financing consequences of imposing large, increased, front-loaded capex costs on bus companies? I would be interested to hear the Minister’s response.

The second issue here is that through the current drafting, the Government are inevitably picking a winner in terms of technology for low-carbon vehicles, because it focuses on tailpipe emissions and ignores whole-life carbon assessments. That is important; again, we must have a balance of approach here. There is a significant benefit in zero tailpipe emissions, which is primarily about air quality as opposed to carbon and greenhouse gas emissions.

There are very significant emissions during the construction of large-scale battery-operated buses, and there are alternatives under development. In the life cycle of the vehicle, if we take into account its construction, operation and disassembly, it is likely that new technologies, particularly ones using synthetic fuels, could be lower in carbon terms, albeit emitting Euro VI equivalent particulates at the tailpipe. The Bill denies an opportunity for that market to develop.

There are currently artificially-produced fuels made using renewable energy that have no net CO2 emissions over their life cycle. If they are interested, I can explain the basic process to Members: it uses carbon capture plus hydrogen from renewable electricity, synthesised via processes such as the Fischer-Tropsch or methanol synthesis, to create e-diesel, e-kerosene, e-methanol or e-gasoline. The key benefit is that it works with existing engines and fuel infrastructure, and avoids the enormous carbon emissions from wasting existing built infrastructure and machinery.

We need to understand that we have “spent” an enormous amount of carbon and greenhouse gases in constructing the 29,400 vehicles—buses—already out there, many of which have a natural life that could be extended significantly. We do not even need to convert them: we could just pour a synthetic fuel into the same bus, saving all the carbon associated with the manufacturing of new, large-scale hydrogen or electricity buses. At the very least, that would be a significant transitional material to extend the use of existing, or pre-manufactured, vehicles.

We try to reduce, reuse and recycle, and that would be an absolutely classic case of a good thing, and yet the clause, I am afraid to say, prohibits the development of that market. I suspect that that is not the intention of the Department or the Minister, but that is what will happen.

Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
- Hansard - -

I want to expand a little on what my hon. Friend was saying about sustainable fuels that are, literally, drop-in fuel alternatives. Anyone watching the British Grand Prix this weekend knows that motor racing is beginning to use such fuel. There is real appetite for manufacturing it in the UK, but regulations get in the way of that happening at the moment. I have secured a meeting to share that with the Minister’s colleague, the Secretary of State for Energy, because it feels like a significant opportunity that would impact not only public transport but, in due course—I appreciate that this is not within the scope of the Bill—general users of vehicles. Ultimately, I think we all agree that we want to get to net zero from the perspective of emissions from vehicles; potentially, however, we need an alternative third way to ensure that the transition can take place.

Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

I agree entirely with my hon. Friend.

I accept that currently synthetic fuels are expensive, because they are at the development stage, but I do not believe that the Government’s intention is for the clause to write them out. I recognise that the Minister is unlikely to tear up his clause on my say-so, but I would be grateful if he discussed the issue further with his Department.

I will leave it to the Minister to consider amendments 32 and 33, and the same can be said for amendments 78 and 58, tabled by the Liberal Democrats. Finally, therefore, amendment 63 would require the Secretary of State, within six months, to produce a report assessing the adequacy of funding for the replacement of emitting buses with zero emission versions.

The amendment is right to focus once again on the central issue of funding, because that is totally absent from the existing drafting of the clause, but—a fatal “but” from my perspective—the amendment focuses on the LTAs. In fact, however, in the vast majority of cases, the cost lies with private operators and not with the local transport authority. The amendment makes no mention of what should be done for them, and that lets the Government off the hook, frankly, of addressing the real problem, which is the bus companies and the impact on them, as opposed to the local transport authorities. That is probably an inadvertent oversight, but I just point it out.

Bus Services (No. 2) Bill [ Lords ] (Fifth sitting)

Rebecca Smith Excerpts
Jerome Mayhew Portrait Jerome Mayhew (Broadland and Fakenham) (Con)
- Hansard - - - Excerpts

It is good to see you back in your rightful place, Dr Allin-Khan. Clause 23 is not a controversial element of the Bill, so I will not detain the Committee for too long. It gives local transport authorities and Transport for London sensible new powers to enforce against fare evasion.

Rebecca Smith Portrait Rebecca Smith (South West Devon) (Con)
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I think there is some slight confusion among Committee members because my hon. Friend said clause 23 when he meant clause 27.

Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

I am grateful for that intervention; I stand corrected, as I was talking about clause 27. I do not know where clause 23 came from—my subconscious.

Subsection (2) clarifies that regulations can address the powers of an inspector outside of their authority’s area. Subsections (3) and (4) clarify the definition of an inspector. That is all fine.

Clause 28 is the largest clause in the Bill, so although it is not particularly contentious—we are substantially supportive of it—I would not be taking my duty seriously if I totally skipped over it. I will therefore pick and mix and hope that people bear with me while I take a little time to consider how it deals with local transport authority byelaws. It amends the Transport Act 2000, sets out the power of LTAs to make byelaws, and lists the various areas that can be covered.

Proposed new section 144A(1) and (2) of the 2000 Act is relevant to Liberal Democrat amendment 67. The byelaws set out in proposed new subsection (1) relate to travel on services, the maintenance of order and the conduct of persons while using services. Those are the areas of interest about which organisations will have the authority to create byelaws.

Proposed new subsection (2) goes into more detail and states that the byelaws relate to issues including tickets, the evasion of payment of fares, interference with or obstruction of local services, and the prohibition of vaping, smoking and nuisance on local services. I highlight that list, because Liberal Democrat amendment 67 would add “sustained anti-social auditory disturbance” to it.

The two subsections are dealt with differently: proposed new subsection (1) is an exhaustive list setting out the scope for byelaws, but proposed new subsection (2) is a non-exhaustive list of provisions that may be considered. Therefore, proposed new subsection (1) does not allow the consideration of issues relating to noise disturbance and would need to be amended to include that. In my submission, however, proposed new subsection (2) would not need to be amended because it is a non-exhaustive list, so we could go on forever adding things that annoy us on public transport—I would quite like to settle down and consider that. Although I share the Liberal Democrats’ fury and annoyance at antisocial auditory disturbance, I do not think it is necessary to add it to the non-exhaustive list in proposed new subsection (2).

--- Later in debate ---
Simon Lightwood Portrait Simon Lightwood
- Hansard - - - Excerpts

After the Liberal Democrat contribution, I was missing my headphones—[Interruption.] I say that with love. I thank Committee members for their further comments on the powers to make byelaws contained in the Bill.

The Government are focused on tackling antisocial behaviour. Improving the safety of our bus network is one of the Government’s aims in reforming buses, because that is critical to giving passengers, particularly women and girls, the confidence they need to take the bus. Different powers are currently available for different transport modes, and the powers that certain local transport authorities hold for light or heavy rail are not in place for buses. That has created a situation where local transport authorities rely on a patchwork of powers to enforce against poor behaviour, and some authorities are unable to act at all against those committing antisocial behaviour. The Bill remedies that situation by providing powers to create and enforce bus byelaws.

On the question of what constitutes antisocial behaviour, the Bill lists specific behaviours that byelaws can cover, such as vaping, smoking and interfering with or obstructing services and vehicles. My Department plans to issue non-statutory guidance about the content of byelaws that will take the existing railway byelaws as a starting point, which should help to ensure consistency across different transport modes.

Rebecca Smith Portrait Rebecca Smith
- Hansard - -

Given the Minister is comparing the rail system with buses, and saying that he wants to bring buses into line with the railway, I am intrigued about who will do that enforcement. We have the British Transport police on the railway, and there are signs everywhere and a phone number that someone can call, but at the moment on buses—I have been on ones where antisocial behaviour is taking place—it ultimately falls to the driver to enforce against that. Is that what the Minister is saying will happen as a result of this legislation? Will there be additional powers or will an additional force be created to enable that enforcement to take place—or is that entirely down to LTAs to figure out for themselves?

Simon Lightwood Portrait Simon Lightwood
- Hansard - - - Excerpts

The hon. Lady will have seen in the Bill that there is an element of ensuring that bus drivers and other persons in bus companies are given training on antisocial behaviour, particularly violence against women and girls, so that when it is safe to act, they can intervene in the interests of public and driver safety.

I talked earlier about the potential for transport safety officers in local transport authority areas, not just among bus providers. Ultimately, the design of that and how it is enforced, depending on the byelaws, will of course be a matter for the local transport authorities themselves, but this is about giving them the powers and allowing them to put those byelaws in place. Obviously, they need to be enforced. Sometimes it is also a matter of communicating this stuff. We have all been on other modes of transport where it is not adhered to.

As I said, my Department plans to issue non-statutory guidance on the content of the byelaws. That guidance will take the form of existing railway byelaws and is expected to emphasise the “educate, engage and enforce” approach. As I said in my opening remarks, I agree with the hon. Member for Wimbledon—despite my jest—on the need to take action against antisocial behaviour, but powers already exist to take action against playing music or videos loudly on buses. The training that I talked about a moment ago will only help to raise awareness of that, both with passengers and with drivers. In relation to enforcement at bus stops and stands, there are areas where divergence is expected in enforcement practices. That is likely to include stops and stands, which by their nature are harder to define than parts of the railway estate.

Question put and agreed to.

Clause 27 accordingly ordered to stand part of the Bill.

Clause 28

Local transport authority byelaws

Amendment proposed: 67, in clause 28, page 24, line 37, after “nuisance” insert

“, including sustained anti-social auditory disturbance.”—(Mr Kohler.)

This amendment would allow local transport authorities to prohibit disruptive anti-social forms of noise such as from telephones through byelaws.

Question put, That the amendment be made.

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The new clause seeks to strike a balance and ensure that detailed national guidance is developed and applied to fully enable blind, visually impaired and disabled passengers to access bus services safely while continuing to protect cyclists. I have met groups representing both communities and if there is one thing they all agree on, it is that the present state of affairs is unacceptable.
Rebecca Smith Portrait Rebecca Smith
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I am intrigued: does the hon. Member agree that we also have an issue where pedestrian crossings land straight on to cycle routes on busy main roads? Although it is outside the scope of the Bill, would his proposed review also look at that? For example, when a visually impaired person or someone using a wheelchair crosses Vauxhall Bridge Road, which is very busy, they are sent straight into a cycle lane that cuts across it. Does he agree that, in an ideal world, it would be nice to address that too?