Recommendation 17

HM Government · verbatim extract Accepted in Part

The Government notes this recommendation. The Government agrees with the Committee that the setting of passenger standards will be a crucial tool in improving passenger experience on the railway. That is exactly why we have given the Passengers’ Council the ability to do this so that the passenger experience is consistently and relentlessly championed. However, as the Government has been clear that the Council will set passenger standards that will be conferred on GBR as part of its licence, we do not feel the recommended amendment to the Bill is necessary. The intention for the Passengers’ Council to set standards was clearly committed to in the Government Response to the Railways Bill consultation, following significant calls for this approach from respondents. The Railways Bill reflects this commitment, and it would be inconceivable that the Passengers’ Council would choose not to set standards when it has the power to do so. Additionally, the Passengers’ Council will take on oversight of the passenger standards that currently exist from day one of its operation. This will ensure there is no lapse while the Council considers any further standards for future implementation. The reason that the Bill is drafted as “may” set standards rather than “must” is because naturally we want the Passengers’ Council to consider the current standards fairly and reasonably, and make additions and changes where they are necessary to improve outcomes within the rail industry. There may be some standards which operate effectively as currently drafted and which do not require significant changes. Therefore, the Passengers’ Council “may” set standards, it should not be required to do so in every instance. That would be regulation for regulation’s sake, which is contrary to the Government’s own Better Regulation principles. In all of our reform plans, it is our express intention to reduce fragmentation and bureaucracy, to benefit passengers and freight customers. However, the Government has been clear that in areas where the rail industry is already acknowledged to be under-performing, such as in accessibility, for example, a Passengers’ Council standard will be developed. The Government is therefore confident that the language in the Bill is sufficient to ensure the Passengers’ Council is suitably empowered to set and monitor passenger standards effectively, within the principles of good regulation. The Bill allows for the Passengers’ Council to set standards on any matters it deems necessary, across the range of passenger experience related issues. In the Government’s view, the Bill is clear that the list provided within the legislation is not exhaustive and rather illustrates some of the areas the Council may consider. However, the Government recognises the Committee’s ask for clarity regarding this and would therefore be happy to update the Explanatory Notes accompanying the Bill to make this clear.