Source · Select Committees · Transport Committee
Recommendation 12
12
Acknowledged
Ensure statutory guidance includes details on how ORR should balance GBR duties.
Conclusion
There are benefits to unified duties but the Bill is insufficiently clear on how they will operate in decision-making, in particular the weighting to be assigned to each factor. The Office of Rail and Road will enforce GBR’s business plan but is not bound by it. If the Government intends ORR to have regard to detail on how to balance duties that is contained in the business plan, it must put that detail into statutory guidance. (Conclusion, Paragraph 38)
Government Response Summary
The government welcomes the Committee’s support and notes the recommendation, highlighting the duties in clause 18 and clause 36 for promoting the interests of disabled passengers.
Government Response
Acknowledged
HM Government
Acknowledged
The Government notes this recommendation. The Government welcomes the Committee’s support for the specific inclusion of the needs of disabled passengers in the passenger interest duty at clause 18, and in the duty on the Passengers’ Council at clause 36. Accessibility is one of the Government’s top priorities for the railway and will be a central focus for GBR and other key decision-makers in the industry. That is exactly why we have included the duties at clause 18 and clause 36. This means that for the first time passenger services on our railways will be bound by an accessibility duty. This is a significant improvement to the current framework where there is no accessibility duty in legislation for any train operating company or for Network Rail. These duties make it clear that GBR, Ministers, the ORR and the Passengers’ Council must consider the needs of those with disabilities when carrying out their statutory railway functions. This means promoting the interests of disabled passengers will be an integral part of decisions made on the railways. Therefore, the Government disagrees with the recommended amendment as the current wording will already drive continual accessibility improvements. The detail of these improvements, including the expectations on GBR for delivery, will be set out by GBR within its Business Plan. Before signing this off, the Secretary of State, with advice from the ORR, will need to be comfortable that the ambition shown by GBR within the Business Plan reflects adequate consideration of all of its duties, including to promote the interests of disabled passengers. This highlights how the duties sit within the wider framework setting the strategic direction for GBR. Accessibility is a key tenet throughout this framework. For example, another part of that framework is the LTRS to which GBR will have to have regard. One of the stated objectives for the LTRS is that GBR will meet the needs of customers, and, as set out in the LTRS Fact Sheet, improving accessibility will be a key element of meeting this objective. Taken together, a clear ambition for the future of our railways within the LTRS and the specific accessibility duties provide us with confidence that GBR and others will exercise their functions in a way that encourages accessibility improvements across the railways in an affordable, sustainable way. The Bill as drafted should achieve this objective already.