Recommendations & Conclusions
14 items
3
Recommendation
8th Report - Railways Bill
Accepted in Part
Before the Bill reaches Report Stage in the House of Commons the Department for Transport should publish a comprehensive list, with target dates, of decisions, key documents and planned consultations leading up to the establishment of Great British Railways and in its first year of operation. This should include milestones …
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Before the Bill reaches Report Stage in the House of Commons the Department for Transport should publish a comprehensive list, with target dates, of decisions, key documents and planned consultations leading up to the establishment of Great British Railways and in its first year of operation. This should include milestones for consultation and negotiation with the affected workforce. (Recommendation, Paragraph 7) Our scrutiny of the Bill
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Government response AI summary
The government partially agrees with the recommendation, stating micromanagement is a symptom of fragmentation and that a legislative requirement is not necessary. However, in acknowledgement of a shared vision, they are willing to provide further information on the power as part of the published framework …
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Department for Transport
5
Recommendation
8th Report - Railways Bill
Accepted in Part
We urge the Government to consider how best to manage the timetabling of major legislation in the House of Commons to give a reasonable opportunity for relevant departmental select committees to conduct complementary scrutiny. (Recommendation, Paragraph 10) A better railway for passengers
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We urge the Government to consider how best to manage the timetabling of major legislation in the House of Commons to give a reasonable opportunity for relevant departmental select committees to conduct complementary scrutiny. (Recommendation, Paragraph 10) A better railway for passengers
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Government response AI summary
The government partially agrees with the recommendation. While the government agrees that it is vital the LTRS does not become short-term, it disagrees that a legislative amendment is needed. However, the government will commit to laying a Written Ministerial Statement as well as a copy …
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Department for Transport
7
Recommendation
8th Report - Railways Bill
Accepted in Part
We recommend that clause 7 of the Bill be amended to require that use of the power of direction must be necessary and proportionate. This would preserve the Secretary of State’s power of enforcement over GBR and ability to course-correct on strategic issues, but would prevent micromanagement of its operations. …
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We recommend that clause 7 of the Bill be amended to require that use of the power of direction must be necessary and proportionate. This would preserve the Secretary of State’s power of enforcement over GBR and ability to course-correct on strategic issues, but would prevent micromanagement of its operations. (Recommendation, Paragraph 21)
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Government response AI summary
The government partially agrees, stating the Bill does not need to be amended to ensure relevant policies are considered by a court, and arguing that the intention is already delivered by the legislation. They state there are multiple steps affected passengers or stakeholders can take …
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Department for Transport
9
Recommendation
8th Report - Railways Bill
Accepted in Part
More detail in the Bill on what the Long Term Rail Strategy must include would help to ensure the document is meaningful and useful, and that it gives a measure of clarity and certainty. (Recommendation, Paragraph 26)
Government response AI summary
The government will update the Explanatory Notes accompanying the Bill to clarify that the list of areas the Passengers' Council may consider when setting passenger standards is not exhaustive.
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Department for Transport
10
Recommendation
8th Report - Railways Bill
Accepted in Part
There is inevitably a tension between realising the value of a truly long- term strategy and recognising that governments must retain discretion and flexibility. It is essential that the Long Term Rail Strategy does not lose continuity and become in effect a series of short-term strategies. The Bill should be …
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There is inevitably a tension between realising the value of a truly long- term strategy and recognising that governments must retain discretion and flexibility. It is essential that the Long Term Rail Strategy does not lose continuity and become in effect a series of short-term strategies. The Bill should be amended to require that the Strategy be laid before Parliament, and that, where the Secretary of State makes substantive changes, it be required to be laid again in its amended form. (Recommendation, Paragraph 29)
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Government response AI summary
The government acknowledges the Committee’s concerns about the speed of referral and agrees that it is critical that passenger issues are dealt with appropriately, effectively, and swiftly. The provisions outlined in the Bill regarding this will therefore be supported by a Memorandum of Understanding agreed …
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Department for Transport
13
Recommendation
8th Report - Railways Bill
Accepted in Part
As GBR is accountable to the Secretary of State for fulfilment of its duties, we recommend the Secretary of State issues and publishes statutory guidance on how GBR, at least, should weigh up competing elements of the duties. This will allow for consistency and transparency in decision-making. The guidance must …
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As GBR is accountable to the Secretary of State for fulfilment of its duties, we recommend the Secretary of State issues and publishes statutory guidance on how GBR, at least, should weigh up competing elements of the duties. This will allow for consistency and transparency in decision-making. The guidance must make it clear that cost must be considered proportionately and not outweigh all other considerations. (Recommendation, Paragraph 39)
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Government response AI summary
The government partially agrees, stating they intend to confirm the application of the general and specific Public Sector Equality Duty (PSED) to GBR through powers under section 153 of the Equality Act 2010 once GBR is designated. They disagree with amending the Bill as they …
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Department for Transport
14
Conclusion
8th Report - Railways Bill
Accepted in Part
It is not clear from the Bill how the Secretary of State, GBR and the ORR will be assessed on how they fulfil their clause 18 duties or how the duties will be enforced should they fall short. There is a danger that the Secretary of State’s interpretation of the …
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It is not clear from the Bill how the Secretary of State, GBR and the ORR will be assessed on how they fulfil their clause 18 duties or how the duties will be enforced should they fall short. There is a danger that the Secretary of State’s interpretation of the duties may be overly dominant, which risks impairing the independence of ORR as a regulator. (Conclusion, Paragraph 43)
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Government response AI summary
The government will not legislate to ensure representation of disabled passengers on the Passengers’ Council Board, but will confirm its intentions to maintain the current level of representation on the floor of the House.
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Department for Transport
17
Recommendation
8th Report - Railways Bill
Accepted in Part
Standards set by the Passengers’ Council will be a crucial tool in improving the passenger experience of the railways. The Government clearly intends the Council to set such standards, so it is odd that the Bill only confers on it the power to do so rather than requiring this to …
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Standards set by the Passengers’ Council will be a crucial tool in improving the passenger experience of the railways. The Government clearly intends the Council to set such standards, so it is odd that the Bill only confers on it the power to do so rather than requiring this to happen; the Bill should be amended to this effect. The Government’s intention that the Council be able to set standards in areas other than passenger information, compensation, 34 complaints and accessibility should be reflected more clearly in the legislation. The Bill should explicitly state that the Passengers’ Council has discretion to set standards on any other matters it deems necessary for the fulfilment of its statutory duties. (Recommendation, Paragraph 50)
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Government response AI summary
The government disagrees that legislation is needed to ensure consultation with affected parties should the power at clause 71 ever need to be used but agrees that, should the power ever need to be used, consultation with affected parties is crucial. Early engagement with third …
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Department for Transport
21
Conclusion
8th Report - Railways Bill
Accepted in Part
The specific inclusion of disabled passengers in the clause 18 passenger duty, and in the duty on the Passengers’ Council in clause 36, are welcome means for improving the rail network’s focus on accessibility through the Bill. The Bill could further support this aim and give the duties teeth by …
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The specific inclusion of disabled passengers in the clause 18 passenger duty, and in the duty on the Passengers’ Council in clause 36, are welcome means for improving the rail network’s focus on accessibility through the Bill. The Bill could further support this aim and give the duties teeth by requiring improvement in accessibility. (Conclusion, Paragraph 60)
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Government response AI summary
The Government agrees that GBR will need to have the flexibility to engage multiple MSAs on local services that cross authority boundaries but do not believe an amendment is needed to the Bill to achieve this.
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Department for Transport
23
Recommendation
8th Report - Railways Bill
Accepted in Part
Under the Bill as drafted, GBR is subject to the general Public Sector Equality Duty but not the specific equality duties that support the general duty. The Bill should be amended to add GBR to the list of bodies in schedule 2 of the Equality Act 2010 (Specific Duties and …
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Under the Bill as drafted, GBR is subject to the general Public Sector Equality Duty but not the specific equality duties that support the general duty. The Bill should be amended to add GBR to the list of bodies in schedule 2 of the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017; there should be no need to bring forward separate regulations at a later point to effect this. (Recommendation, Paragraph 63) 35
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Government response AI summary
The government intends to confirm the application of specific PSED to GBR through powers under section 153 of the Equality Act 2010, disagreeing with the recommended amendment to the Bill.
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Department for Transport
24
Recommendation
8th Report - Railways Bill
Accepted in Part
The Bill should be amended to require that at least two members of the Passengers’ Council board have lived experience of travelling as a disabled person. We see no reason why the Government’s intentions in this respect should not be codified and safeguarded in legislation, given the utmost importance of …
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The Bill should be amended to require that at least two members of the Passengers’ Council board have lived experience of travelling as a disabled person. We see no reason why the Government’s intentions in this respect should not be codified and safeguarded in legislation, given the utmost importance of involvement of disabled people at strategic levels. (Recommendation, Paragraph 65)
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Government response AI summary
The Government is clear that the Passengers’ Council must represent all passengers including disabled passengers and confirm its intentions for this on the floor of the House to ensure both the Committee and disabled passengers are reassured there will be no rolling back of representation …
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Department for Transport
29
Recommendation
8th Report - Railways Bill
Accepted in Part
The broad powers in clause 71 for the Secretary of State to alter existing access agreements could have a dampening effect on long-term investment in the railways by giving rise to uncertainty. The Government must consider whether these powers can be revised to provide reassurance to business and industry. The …
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The broad powers in clause 71 for the Secretary of State to alter existing access agreements could have a dampening effect on long-term investment in the railways by giving rise to uncertainty. The Government must consider whether these powers can be revised to provide reassurance to business and industry. The clause should be amended to require consultation with affected parties before regulations are drafted. (Recommendation, Paragraph 74) 36
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Government response AI summary
The government partially agrees, committing to consultation with affected parties if the power at clause 71 is used but disagrees that legislation is needed to mandate this. They state the ability to amend contracts is a necessary legal backstop as a last resort.
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Department for Transport
32
Recommendation
8th Report - Railways Bill
Accepted in Part
We acknowledge that effective local control over rail services can best be exercised at the level of strategic authorities. It is essential that all parts of England should be able to engage effectively with GBR and, in particular, to hold it to account for its local or regional performance. The …
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We acknowledge that effective local control over rail services can best be exercised at the level of strategic authorities. It is essential that all parts of England should be able to engage effectively with GBR and, in particular, to hold it to account for its local or regional performance. The Government must ensure that all Local Transport Authorities can receive information from GBR on request, and should investigate a role for MSAs and other LTAs on bodies reflecting GBR’s planned regional business units. (Recommendation, Paragraph 86)
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Government response AI summary
The government agrees working with local leaders is key and GBR will be organised locally, and states that all tiers of local government in England will benefit from empowered local GBR business units; they will continue to consider the role of MSAs and other LTAs …
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Department for Transport
33
Recommendation
8th Report - Railways Bill
Accepted in Part
The provisions in clause 5 should be amended to enable GBR to enter into a single arrangement with more than one relevant local government body, to allow for effective co-operation on local services that cross authority boundaries. (Recommendation, Paragraph 87) 37
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The provisions in clause 5 should be amended to enable GBR to enter into a single arrangement with more than one relevant local government body, to allow for effective co-operation on local services that cross authority boundaries. (Recommendation, Paragraph 87) 37
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Government response AI summary
The government partially agrees, stating GBR will need flexibility to engage multiple MSAs on local services that cross authority boundaries and the Bill allows for flexibility, but an amendment is not needed to achieve this.
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Department for Transport