Source · Select Committees · Transport Committee
Recommendation 17
17
Accepted in Part
Amend Bill to mandate Passengers' Council sets standards and define broader discretion.
Recommendation
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)
Government Response 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 party operators is already being undertaken by Network Rail without any legislative requirement.
Government Response
Accepted in Part
HM Government
Accepted in Part
The Government partially agrees with this recommendation. Providing as much certainty as possible for existing operators is central to the Government’s plans for reforming how operators can access the network. That is why the Government has committed to honouring all existing Schedule 5 access rights until their natural expiry, as well as honouring the charging determination set by the ORR for the remainder of the current control period. This clause does not change that. The Government agrees with the Committee that, should the power at clause 71 ever need to be used, consultation with affected parties is crucial for providing certainty and reassurance to industry. However, the Government disagrees that legislation is needed to facilitate this. Early engagement with third party operators is already being undertaken by Network Rail, without any legislative requirement in the Bill. The Government has also committed publicly to ensuring operators with existing contracts in scope of needing this power will be consulted to identify inoperable clauses and agree on replacement wording. The ability to amend contracts is a necessary legal backstop, intended to be used as a last resort only, to ensure smooth transition to the new regime; or to avoid leaving operators with unworkable arrangements. There is a risk that without this power, existing contracts will be inoperable, because the contracts reflect today’s industry structure including the role of the ORR on access and charging, rather than the new structure for GBR. It does not serve anyone, including open access operators, for valuable access contracts to become inoperable and outdated. Therefore, this clause ensures that once GBR is established, those with existing contracts can continue to operate with confidence.