Contribution
My Lords, what a pleasure it is to be back on the Railways Bill with a dozen transport nerds. It is such a wonderful way to spend my Monday evening. I say to the noble Baroness, Lady Grey-Thompson, that I have been talking about climate change for 38 years, and I am barely closer to what I was talking about at the very beginning.
I have Amendments 131, 132, 144 and 338 in this group. I want to explore the tension between safety and competition in the Bill. As the Railways Bill retains the competition law framework established during privatisation—in fact, it extends it further—we can call it the ultimate legal framework for the entire Bill. The concerns go beyond the duty to promote competition. Under Section 67(3) of the Railways Act 1993, the Office of Rail and Road has significant powers to enforce competition law alongside the Competition and Markets Authority. These are much stronger powers than simply encouraging competition.
The problem is that the Bill gives these competition functions priority over several other responsibilities, including the ORR’s general duties and, in some circumstances, its safety duties. It also limits the guidance that UK and Scottish Ministers can give the ORR on competition matters. In effect, competition regulation is being given priority over wider public interest decisions and democratic oversight, and we have to ask whether that is appropriate for a publicly-owned railway. Why should we carry forward and even extend a competition framework inherited from privatisation rather than putting the public interest at the centre of how our railways operate?
There is some reassurance in the fact that safety functions are protected in several of these provisions, but that does not resolve every potential conflict between safety and competition regulation. Wherever those responsibilities could pull in different directions the Government need to explain how that conflict will be resolved and why competition should ever take precedence over safety. That is my Amendment 131.
On Amendment 132, the new safety duty on Ministers and the ORR in Clause 19 is quite shocking: they
“must take into account the need to protect all persons from dangers arising from the operation of railways”.
This clearly has an exemption for competition regulation, which can only mean that, in a trade-off between competition and public safety, competition will win. That exemption should be struck, and we need a proper explanation of why it is present in the first place.
Clause 19’s safety duty does not currently apply to GBR, only to the ORR and Ministers. I would like to know the reason for that. Is it also in any way competition related? Amendment 131 would explicitly add Great British Railways to the safety duty in Clause 19 so that it applied not just to Ministers and the ORR. As we move to a new rail structure, it should be clear that Great British Railways has a responsibility to put safety first when carrying out its functions. It is difficult to see why decisions about competition should be exempt from a duty that exists to protect passengers and railway workers. Competition decisions can have wider consequences for how the railway operates, and safety has to be part of those considerations.
More broadly, I am concerned that the Bill gives too much weight to competition rather than putting public interest at the core of our railways. The purpose of our rail network should be to provide safe, reliable and well-integrated services for passengers, not to create more opportunities for commercial operators.
On Amendment 144, ultimately the ORR’s safety function should be above all other duties. This is a railway, one of the most potentially dangerous industries there is. It is not satisfactory even if safety is formally equivalent to competition. Rather, safety must take precedence over competition regulation. That is why Amendment 144 proposes a priority of safety functions clause, ensuring that there cannot be a trade-off between competition and the safety of the public and rail workers under any circumstances and that this parity is made clear and distinct in law. Taken together, these amendments would strengthen the safety duties on Great British Railways and the ORR and make clear that safety must come first.
Public ownership has to be about more than just changing who runs our railways. It should mean putting passengers, railway workers and public interest ahead of competition. That is why I have called for Clause 20 to be removed from the Bill. We do not believe that a statutory duty to promote competition belongs in this Bill. It puts competition at the centre of the regulator’s responsibilities rather than focusing on what passengers need from their railway. Plus, there is already too little in this Bill about tackling the climate crisis and making rail travel affordable. We should be looking at how to get more people on to public transport, reduce reliance on cars and make sure that taking the train is a realistic option for people on ordinary incomes. Those should be central priorities for our railway.