Recommendation 30

While the role of open access passenger services is a matter for debate, we note that it is the Government’s clear intention to promote greater freight use of the railway. The appeal mechanism for open access decisions set out in the Bill—applying judicial review principles—is overly narrow and jeopardises this aim. The Bill should be amended to give freight operators the ability to appeal access decisions to the Office of Rail and Road on additional grounds that reflect the outcomes the Government is seeking from an increase in rail freight. (Recommendation, Paragraph 76) Devolution