Source · Select Committees · Transport Committee

Recommendation 19

19 Rejected

Amend Bill to require ORR to act on Passengers' Council referrals within a timeframe.

Recommendation
The Passengers’ Council will be required by the Bill to protect passengers’ rights through monitoring operators’ compliance with its standards and receiving, considering and investigating complaints. It must be trusted to carry out that role. We consider it unlikely in the extreme that the Council would find a frivolous matter worthy of referral to ORR for enforcement. The Bill should therefore be amended to require ORR to take action from the range of enforcement actions open to them, unless there is a legal impediment to doing so or the issue has been satisfactorily remedied, within a limited timeframe following a referral of an issue by the Passengers’ Council. (Recommendation, Paragraph 55)
Government Response Summary
The government disagrees with amending the Bill to mandate GBR to enter into arrangements with Mayoral Strategic Authorities (MSAs), stating that enabling arrangements provides flexibility and that legislation is not needed to ensure engagement with local leaders.
Government Response Rejected
HM Government Rejected
The Government notes this recommendation. It is vital that GBR ensures local priorities are a key consideration in decision-making to develop a railway that reflects the priorities of the communities it serves. As the Committee recognises, the Government is committed to strengthening devolution in England, and is progressing that through both this Bill and the English Devolution and Community Empowerment Bill. As part of this, we want to see the role of Mayors enhanced by working closely with GBR on local rail priorities recognising the clear benefits this approach can bring to local communities across the country. It is therefore inconceivable that GBR would refuse to work with a Mayoral Strategic Authority (MSA) given the clear advantages this approach can bring, and the Government therefore disagrees with the Committee that the Bill needs to be amended to achieve this. By enabling GBR to enter into arrangements with MSAs, rather than mandating them, the Railways Bill seeks to provide both parties with sufficient flexibility and not undermine GBR’s role as the directing mind. This will allow partnership arrangements that meet the varying ambitions of Mayors to be agreed. Additionally, legislation is not needed to ensure engagement with local leaders on the Long-Term Rail Strategy. The Government has already begun this and is actively feeding in the views of local leaders as the strategy is developed. Finally, the Bill is clear that GBR must have regard to Local Transport Plans of MSAs. Including the word “must” here rather than “may” means GBR cannot ignore these plans and must consider them exercising its statutory functions. This will ensure the plans of local leaders are considered throughout GBR’s work and the Government is confident the amendment suggested in this space would be unnecessary.