Source · Select Committees · Transport Committee
8th Report - Railways Bill
Transport Committee
HC 1472
Published 10 February 2026
Recommendations
3
Accepted in Part
Publish comprehensive list of key decisions, documents, and consultations for Great British Railways.
Recommendation
Before the Bill reaches Report Stage in the House of Commons the Department for Transport should publish a comprehensive list, with target dates, of decisions, key documents and planned consultations leading up to the establishment of Great British Railways and …
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Government Response Summary
The government partially agrees with the recommendation, stating micromanagement is a symptom of fragmentation and that a legislative requirement is not necessary. However, in acknowledgement of a shared vision, they are willing to provide further information on the power as part of the published framework agreement between GBR and the Secretary of State.
Department for Transport
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5
Accepted in Part
Urge Government to manage major legislation timetabling for departmental select committee scrutiny opportunity.
Recommendation
We urge the Government to consider how best to manage the timetabling of major legislation in the House of Commons to give a reasonable opportunity for relevant departmental select committees to conduct complementary scrutiny. (Recommendation, Paragraph 10) A better railway …
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Government Response Summary
The government partially agrees with the recommendation. While the government agrees that it is vital the LTRS does not become short-term, it disagrees that a legislative amendment is needed. However, the government will commit to laying a Written Ministerial Statement as well as a copy of the LTRS in the library of both Houses.
Department for Transport
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7
Accepted in Part
Amend Clause 7 to require the power of direction be necessary and proportionate.
Recommendation
We recommend that clause 7 of the Bill be amended to require that use of the power of direction must be necessary and proportionate. This would preserve the Secretary of State’s power of enforcement over GBR and ability to course-correct …
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Government Response Summary
The government partially agrees, stating the Bill does not need to be amended to ensure relevant policies are considered by a court, and arguing that the intention is already delivered by the legislation. They state there are multiple steps affected passengers or stakeholders can take without needing to wait for a lengthy judicial review process.
Department for Transport
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9
Accepted in Part
Include more detail within the Bill on the Long Term Rail Strategy's mandatory content.
Recommendation
More detail in the Bill on what the Long Term Rail Strategy must include would help to ensure the document is meaningful and useful, and that it gives a measure of clarity and certainty. (Recommendation, Paragraph 26)
Government Response Summary
The government will update the Explanatory Notes accompanying the Bill to clarify that the list of areas the Passengers' Council may consider when setting passenger standards is not exhaustive.
Department for Transport
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10
Accepted in Part
Amend the Bill to require parliamentary oversight of the Long Term Rail Strategy.
Recommendation
There is inevitably a tension between realising the value of a truly long- term strategy and recognising that governments must retain discretion and flexibility. It is essential that the Long Term Rail Strategy does not lose continuity and become in …
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Government Response Summary
The government acknowledges the Committee’s concerns about the speed of referral and agrees that it is critical that passenger issues are dealt with appropriately, effectively, and swiftly. The provisions outlined in the Bill regarding this will therefore be supported by a Memorandum of Understanding agreed between the Passengers’ Council and the ORR which will set out exactly how the two organizations will work together and the process and timeframes for enforcement referrals. The government would be happy to keep the Committee updated on the progress of this.
Department for Transport
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11
Deferred
Publish an initial draft of Great British Railways' licence before Bill's Report Stage.
Recommendation
We welcome the Government’s original commitment to publishing the draft GBR licence before the Bill leaves the House of Commons. We urge the Government to publish at least an initial draft of GBR’s licence before the Bill’s Report Stage so …
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Government Response Summary
The government agrees that the Passengers’ Council must be a robust, independent voice and recognises the important role the Chair will have. As the recommendation is not legislative in nature, the government will continue to consider it as part of the ongoing design process and will write to the committee to provide a final response in the coming weeks.
Department for Transport
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13
Accepted in Part
Mandate Secretary of State to publish statutory guidance for GBR on weighing competing duties.
Recommendation
As GBR is accountable to the Secretary of State for fulfilment of its duties, we recommend the Secretary of State issues and publishes statutory guidance on how GBR, at least, should weigh up competing elements of the duties. This will …
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Government Response Summary
The government partially agrees, stating they intend to confirm the application of the general and specific Public Sector Equality Duty (PSED) to GBR through powers under section 153 of the Equality Act 2010 once GBR is designated. They disagree with amending the Bill as they have stated their intention.
Department for Transport
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15
Acknowledged
Amend Bill to include a mechanism for assessing GBR's passenger interest duty.
Recommendation
We are concerned that there is no specific mechanism to assess GBR’s performance against the passenger interest duty placed on it by the Bill. The standards set by the Passengers’ Council will be part of GBR’s licence, enforced by the …
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Government Response Summary
The government agrees with the recommendation, stating the duty at clause 18(2)(a) of the Bill will require the sector bodies to promote the interests of passengers. It notes that accessibility duties will support some of the requirements under the reasonable adjustments duty at section 20 of the Equality Act 2010.
Department for Transport
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16
Rejected
Amend Bill to require Secretary of State to set a passenger journey growth target.
Recommendation
The Bill should be amended to include a duty on the Secretary of State to set a passenger journey growth target similar to the duty to set a freight growth target in clause 17. A target would incentivise commercially-minded improvements …
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Government Response Summary
The government rejects the recommendation to include a duty on the Secretary of State to set a passenger journey growth target, arguing that GBR's existing duties already address this and will enable sensible decisions to target passenger growth across the network.
Department for Transport
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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 …
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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.
Department for Transport
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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 …
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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.
Department for Transport
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20
Not Addressed
Add Passengers' Council Chair to posts requiring pre-appointment parliamentary committee hearings.
Recommendation
To enhance and help safeguard the independence of the Passengers’ Council, we recommend that the Chair of its board be added to the list of posts for which our Committee is expected to hold a pre-appointment hearing with the Government’s …
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Government Response Summary
The government's response discusses working with local leaders through GBR business units and MSAs, but fails to address the recommendation to add the Passengers’ Council Chair to the list of posts for pre-appointment hearings.
Department for Transport
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22
Accepted
Amend Clause 18 and 36 duties, mandating bodies to improve rail network accessibility.
Recommendation
The clause 18 duty on Great British Railways, the Office of Rail and Road and the Secretary of State, and the clause 36 duty on the Passengers’ Council, should be amended to require these bodies to exercise their functions in …
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Government Response Summary
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 and 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.
Department for Transport
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23
Accepted in Part
Amend Bill to add GBR to specific equality duties under Equality Act 2010.
Recommendation
Under the Bill as drafted, GBR is subject to the general Public Sector Equality Duty but not the specific equality duties that support the general duty. The Bill should be amended to add GBR to the list of bodies in …
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Government Response Summary
The government intends to confirm the application of specific PSED to GBR through powers under section 153 of the Equality Act 2010, disagreeing with the recommended amendment to the Bill.
Department for Transport
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24
Accepted in Part
Mandate at least two Passengers' Council board members have lived disability experience.
Recommendation
The Bill should be amended to require that at least two members of the Passengers’ Council board have lived experience of travelling as a disabled person. We see no reason why the Government’s intentions in this respect should not be …
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Government Response Summary
The Government is clear that the Passengers’ Council must represent all passengers including disabled passengers and confirm its intentions for this on the floor of the House to ensure both the Committee and disabled passengers are reassured there will be no rolling back of representation on the Board of the Passengers’ Council but does not feel legislation is needed to ensure this representation continues.
Department for Transport
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26
Accepted
Publish Equality Impact Assessment and clarify legal relationship with Equality Act duties.
Recommendation
The Equality Impact Assessment should have been published alongside the Bill to assist parliamentary scrutiny; we look forward to seeing it published as soon as possible. We ask that the Government clarify in that document or elsewhere the intended legal …
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Government Response Summary
The government agrees with the recommendation, stating that the accessibility duty will independently support some of the requirements under the reasonable adjustments duty at section 20 of the Equality Act 2010, and that this relationship is set out in the recently published Equality Impact Assessment.
Department for Transport
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28
Not Addressed
Amend the Bill to clarify capacity duty only applies post-infrastructure plan development.
Recommendation
While the Government insists that the intended relationship between clause 60 and clause 63 is clear, multiple stakeholders disagree. The Bill should be amended to make it clear that the capacity duty does not apply until after an infrastructure capacity …
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Government Response Summary
The government disagrees that the Bill needs amending and will instead provide additional clarity which Ministers would be happy to repeat on the floor of the House to reassure stakeholders and the Committee alike; clause 63 duty does not apply at that stage.
Department for Transport
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29
Accepted in Part
Amend clause 71 to require consultation with affected parties before drafting regulations.
Recommendation
The broad powers in clause 71 for the Secretary of State to alter existing access agreements could have a dampening effect on long-term investment in the railways by giving rise to uncertainty. The Government must consider whether these powers can …
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Government Response Summary
The government partially agrees, committing to consultation with affected parties if the power at clause 71 is used but disagrees that legislation is needed to mandate this. They state the ability to amend contracts is a necessary legal backstop as a last resort.
Department for Transport
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30
Rejected
Amend the Bill to allow freight operators broader appeal grounds for access decisions.
Recommendation
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 …
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Government Response Summary
The government disagrees with amending the Bill to give freight operators the ability to appeal access decisions to the Office of Rail and Road, stating that there is already a robust route of appeal to the ORR within the Bill and the ORR applying judicial review principles when it determines appeals is deliberate and essential.
Department for Transport
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31
Not Addressed
Require GBR to enter mayoral partnerships and give weight to MSA local transport plans.
Recommendation
Mechanisms in the Bill comprising the new statutory role for Mayoral Strategic Authorities (MSAs) could risk being too subject to goodwill. GBR should be required to enter into mayoral partnerships when requested to do so by an MSA whose request …
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Government Response Summary
The government disagrees with the Committee that the Bill needs to be amended, legislation is not needed to ensure engagement with local leaders on the Long-Term Rail Strategy and the Bill is clear that GBR must have regard to Local Transport Plans of MSAs.
Department for Transport
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32
Accepted in Part
Ensure all Local Transport Authorities can receive information from GBR on request.
Recommendation
We acknowledge that effective local control over rail services can best be exercised at the level of strategic authorities. It is essential that all parts of England should be able to engage effectively with GBR and, in particular, to hold …
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Government Response Summary
The government agrees working with local leaders is key and GBR will be organised locally, and states that all tiers of local government in England will benefit from empowered local GBR business units; they will continue to consider the role of MSAs and other LTAs on bodies reflecting GBR's planned regional business units.
Department for Transport
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33
Accepted in Part
Amend clause 5 to enable GBR to arrange with multiple local government bodies.
Recommendation
The provisions in clause 5 should be amended to enable GBR to enter into a single arrangement with more than one relevant local government body, to allow for effective co-operation on local services that cross authority boundaries. (Recommendation, Paragraph 87) …
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Government Response Summary
The government partially agrees, stating GBR will need flexibility to engage multiple MSAs on local services that cross authority boundaries and the Bill allows for flexibility, but an amendment is not needed to achieve this.
Department for Transport
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Conclusions (11)
1
Conclusion
Accepted
We recognise the need for structural change on the railways. We support the main purpose of the Railways Bill: to establish Great British Railways as a single organisation overseeing both track and train, and capable of acting as a ‘directing mind’ for the railway. (Conclusion, Paragraph 3)
Government Response Summary
The government will publish a document this Spring outlining key documents and target dates to ensure Parliament and industry stakeholders have confidence that further information on these products will be timely and forthcoming.
2
Conclusion
Acknowledged
Understandably, and as with previous railways legislation, the Railways Bill gives a partial picture of the framework for a new regime under Great British Railways. The Bill is designed to last a long time and is accompanied by various additional documentation. The unpublished documents are important not just for scrutiny, …
Government Response Summary
The Government notes the recommendation and agrees that departmental select committees can be a valuable and important part of the scrutiny process, stating that they are pleased to continue engagement with the Committee.
4
Conclusion
Acknowledged
Departmental committees have an important contribution to make to scrutiny of legislation, being less adversarial and more specialist than Bill committees, and being able to continue scrutiny of the policy implementation long after the legislation is passed. (Conclusion, Paragraph 9) 32
Government Response Summary
The Government welcomes the conclusion drawn by the Committee that the clarity provided by a Long Term Rail Strategy (LTRS) will have benefits in terms of efficiency, planning for rail infrastructure and clarity for the wider economy.
6
Conclusion
Acknowledged
The Government intends that Great British Railways should be a responsible guiding mind: to achieve this, it requires independence and protection from political interference in its day-to-day operations. Clause 7 as currently drafted would permit a future Secretary of State, if so minded, to micromanage GBR through directions. The intention …
Government Response Summary
The government notes this recommendation, welcomes the Committee’s support for an aligned set of duties across key industry bodies within the Railways Bill, and disagrees with the need for the Secretary of State to provide statutory guidance.
8
Conclusion
Acknowledged
We welcome the Bill’s provision for a Long Term Rail Strategy. The more clarity that can be given to both the public and private sector about the long-term strategic aims for the railway, the greater the benefits will be in terms of efficiency, planning for rail infrastructure and clarity for …
Government Response Summary
The government agrees with the committee that increasing passenger numbers is important and that GBR must actively work to attract passengers to use our railways.
12
Conclusion
Acknowledged
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 …
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.
14
Conclusion
Accepted in Part
It is not clear from the Bill how the Secretary of State, GBR and the ORR will be assessed on how they fulfil their clause 18 duties or how the duties will be enforced should they fall short. There is a danger that the Secretary of State’s interpretation of the …
Government Response Summary
The government will not legislate to ensure representation of disabled passengers on the Passengers’ Council Board, but will confirm its intentions to maintain the current level of representation on the floor of the House.
18
Conclusion
Rejected
The reliance of the Passengers’ Council on the Office of Rail and Road to take enforcement action could add complexity and delay to an already complicated system for complaints, enforcement and remedies, and we are concerned that an opportunity to streamline these elements of the railway could be missed. (Conclusion, …
Government Response Summary
The government disagrees with amending the Bill to require ORR to take action on referrals from the Passengers' Council, stating there's already a robust appeal route to the ORR and that the ORR needs a holistic view.
21
Conclusion
Accepted in Part
The specific inclusion of disabled passengers in the clause 18 passenger duty, and in the duty on the Passengers’ Council in clause 36, are welcome means for improving the rail network’s focus on accessibility through the Bill. The Bill could further support this aim and give the duties teeth by …
Government Response Summary
The Government agrees that GBR will need to have the flexibility to engage multiple MSAs on local services that cross authority boundaries but do not believe an amendment is needed to the Bill to achieve this.
25
Conclusion
Accepted
The Department for Transport has previously accepted the need to update and streamline the complex and confusing legal framework for transport accessibility. It would be unhelpful were the Railways Bill to add more complexity to this situation, especially if it did not meaningfully add to practical opportunities for enforcement action …
Government Response Summary
The government notes the recommendation but believes the Railways Bill is already clear on the matter of transport accessibility and freight, referring to existing clauses and stakeholder engagement.
27
Conclusion
Rejected
We welcome the requirement in clause 17 for the Secretary of State to set a target to increase freight on the railways and the duty in clause 18(2)b. We note that the Government is aware of the risk that GBR would not otherwise have an incentive to grow rail freight. …
Government Response Summary
The government disagrees that the Bill needs amending to clarify the relationship between clause 60 and clause 63 and will instead provide additional clarity to reassure stakeholders.