Railways Bill (Fourth sitting)

Debate between Rebecca Smith and Jerome Mayhew

Committee stage
Thursday 22nd January 2026 Public Bill Committees

[Rebecca Smith (South West Devon) (Con)]

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]

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.

--- Later in debate ---

[Jerome Mayhew]

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]

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.”

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

Debate between Rebecca Smith and Jerome Mayhew

Committee stage
Thursday 3rd July 2025 Public Bill Committees

[Jerome Mayhew]

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 (South West Devon) (Con)]

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]

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)

Debate between Rebecca Smith and Jerome Mayhew

Committee stage
Tuesday 1st July 2025 Public Bill Committees

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

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 (South West Devon) (Con)]

I think there is some slight confusion among Committee members because my hon. Friend said clause 23 when he meant clause 27.

[Jerome Mayhew]

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).

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

Debate between Rebecca Smith and Jerome Mayhew

Committee stage
Tuesday 1st July 2025 Public Bill Committees

[Jerome Mayhew]

We are getting to some of the more interesting parts of the Bill now. The clause amends relevant sections of the Transport Act 2000 on enhanced partnerships and plans to help authorities better reflect the needs of disabled users of local bus services and the design of enhanced partnership schemes and plans. Subsection (2) inserts proposed new section 138CA into the Transport Act 2000, which provides that:

“An enhanced partnership scheme may specify…requirements about enabling persons with disabilities to travel on local services”—

and then we get the good phrase—

“independently, and in safety and reasonable comfort”,

including for taxi guarantee schemes. It also states:

“Before making an enhanced partnership scheme, a local transport authority must consider whether the requirements proposed to be specified in the scheme will enable persons with disabilities to travel independently, and in safety and reasonable comfort, on local services”,

and it includes definitions for the purpose of the clause.

Subsection (3) pops proposed new paragraph (ba) into section 138F(6), on consultation. It includes disabled users or prospective users of local services, or organisations representing disabled users, among the list of people or entities that authorities must consult before making an enhanced partnership scheme—so, good progress there.

Subsection (4) inserts proposed new subsections (9) and (10) into section 138K of the Transport Act. It states:

“Before varying an enhanced partnership scheme, a local transport authority must consider whether the requirements proposed to be specified in the scheme as varied will enable persons with disabilities to travel independently, and in safety and reasonable comfort, on local services…to which the scheme as proposed to be varied relates.”

It is important that the schemes are designed to be widely accessible, including to those with disabilities. Consultation with affected groups in the design of services, as anticipated by subsection (3), is the right approach, and the clause makes clear the importance of designing services with the needs of persons with disabilities in mind. I ask the Minister: what consultation with groups representing persons with disabilities was undertaken prior to the drafting of the Bill? Although I welcome the clause, did the consultation include reference to floating bus stops, as anticipated in clause 30? If so, did the Government take account of that input?

[Rebecca Smith (South West Devon) (Con)]

It is great to serve under your chairmanship this morning, Dame Siobhain. I want to follow up on what my hon. Friend the Member for Broadland and Fakenham said and ask a few additional questions, particularly about the provision in clause 18 for persons with disabilities.

I obviously welcome the inclusion of this clause in the Bill—we clearly want to ensure that public transport is as accessible for all as possible—but I am slightly concerned that, in a way, it provides false hope. Subsection (2) states:

“An enhanced partnership scheme may specify”,

so it is a “may”, rather than a “must”. It is nice to have that consultation, but there is an opportunity for the local authority or whoever is providing the bus service not to do it. The clause allows for a consultation, but there are no guarantees that what disabled people want will happen.

I am also slightly concerned about the taxi guarantee scheme. I do not know whether hon. Members have experienced the same thing as me, but my constituency of South West Devon is an interesting mix of urban and rural. It might be thought that large chunks of Plymouth are technically easily accessible, but the Access Plymouth minibus system does not even work across the city, let alone go into the rural parts of the constituency. Out in the South Hams and West Devon, which is a different local authority, the bus services are typical rural bus services: they are not very reliable or frequent.

It is also worth saying that taxis are not reliable either. Just this weekend, a local taxi service that runs out of the village put a post on social media saying, “We’re fully booked this evening.” Even able-bodied people, let alone people with disabilities who are trying to benefit from a taxi guarantee scheme, need to book in advance, so I question the feasibility of delivering on this clause.

We are not only saying that bus services will be reliable for persons with disability; we are offering them a taxi guarantee scheme. Yet we do not know—I assume the Minister will be able to explain this—what assessment has been made of the wider public transport picture or whether the taxis exist to provide the scheme, particularly in our rural communities. I know the Bill seeks to address those places. Ultimately, we need to ensure that we manage the expectations of those we are trying to help with the Bill.

I ask the Minister, what consultation has been held on, and what thought has been given to, the provision of rural services for people with disabilities? The taxi guarantee scheme is a great idea, but is it deliverable? What analysis has been made of that? Secondly, what might stop a local authority from delivering on this, and what assessment has been made of potential obstacles? Apart from the supply of buses and taxis, are there other reasons why a local transport authority might not be able to deliver this?

If it is that important to ensure that persons with disability can access public transport, which is something that I think we all agree we want, then the obvious question is: why does the legislation not say that an enhanced partnership scheme “must” do it? Why does the Bill say just that it “may”? It seems that there is a conflicting ambition here. Perhaps I have answered my own question in saying that there might not be the supply, but if we want to ensure a better world for persons with disability, I am intrigued as to why it does not say that a scheme must do this.

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

Debate between Rebecca Smith and Jerome Mayhew

Committee stage
Tuesday 24th June 2025 Public Bill Committees

[Jerome Mayhew]

I do not disagree with anything the hon. Member said. I do not have in my head the financial details associated with rural hubs, but it makes more commercial sense as a matter of principle, although it would probably not be profitable, to have a hub-and-spoke approach rather than an hourly service for every village. I do not know whether the hon. Member has counted the villages in North Norfolk, but there are well over 100 in Broadland and Fakenham, so that would be a challenge for any provider.

The Opposition support the concept of new clause 35 if the finances—the missing link—add up, but we question the need for it, because there is nothing in the Bill to prevent local authorities from doing what it sets out.

[Rebecca Smith (South West Devon) (Con)]

I am conscious that we are finishing in three minutes, so I will limit my comments to give the Minister some time. Like my hon. Friend the Member for Broadland and Fakenham, I query the premise that public is better than private. The hon. Member for Warrington South mentioned the ability to provide a better service than existing franchise services, but I want to put on record that we can still get £2 fares in South West Devon. There is not necessarily a concrete need for a franchise; it is not necessarily a magic wand. I will fit my other comments in somewhere else, because I am conscious of time.