Member

What is left of genuine competition, open-access operators and freight? They will be left to the mercy of GBR as they fight for access to the network. The independent economic regulator, the Office of Rail and Road, is having its role largely abolished by this legislation. For the first time, GBR will be given the power to decide whether to grant access to its direct competitors, and those decisions can now not be appealed other than for procedural irregularity—the judicial review clause. That is obviously a monumental failure in natural fairness. It is akin to designing out open access while the Government look the other way. Amendment 148 to clause 68 would fix that, at least allowing the Office of Rail and Road to hear appeals on the merits of GBR decisions—all the more important when GBR is operating as both referee and player. The Bill castrates the ORR as a genuine regulator. It is like designing the NHS without the Care Quality Commission, or the school system without Ofsted. It is grossly unfair, the independent rail sector is horrified by it, and the Government need to think again.