8th Report - Railways Bill

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.