Lord Blencathra (Con)

My Lords, I support my noble friend’s Amendment 365 after Clause 117, which would increase penalties for those who deliberately avoid paying rail fares. Deliberate fare evasion undermines the integrity of our railway and costs taxpayers and passengers hundreds of millions each year. We must be firm in protecting revenue that funds services and investment. However, there is another side to this issue that we cannot ignore. Recent reviews and watchdog recommendations show a system that is complex, inconsistent and at times unfair to passengers who make genuine mistakes. The passenger watchdog has called for a national yellow card warning for first-time errors and a central railcard database to prevent innocent people being prosecuted for technical or administrative errors. I always book advance tickets on the train; they are slightly cheaper than the full-fare ones. A few weeks ago, business here finished early, so I got to Euston early and caught an earlier train than I had booked. When I produced my ticket, I said to the manager, “I’m on an earlier train. Is that all right?” He said, “I’ll let you off on this occasion”. I think what he meant was that he would let me off paying the full fare because I was on an earlier train. But I have heard of people, with a ticket that they have paid for, being accused of fare evasion for being on the train at the wrong time. That is a perfect example of where the yellow card system should be used. The Office of Rail and Road was asked to review revenue protection practices precisely because enforcement has been uneven and opaque. We have seen the consequences of those failures. Thousands of prosecutions were quashed after courts found that operators had used inappropriate fast-track procedures and many passengers faced the threat of criminal records for minor errors. These are not abstract concerns; they are real harms to livelihoods and trust in the system. I support the principle of tougher penalties for deliberate evasion, but only if there are clear safeguards. Those safeguards should be: a statutory first-warning step; a consistent published test before any prosecution; improved point-of-sale information and standardised enforcement guidance for all the different train operators; and mandatory staff training and data sharing to identify repeat offenders rather than punishing honest mistakes. I understand that the Government have accepted the ORR’s recommendations and must now legislate to ensure that enforcement is proportionate and transparent. In short, tough penalties and fairness are not mutually exclusive. We can deter deliberate evasion while protecting innocent travellers, but only if this amendment is paired with the reforms that the ORR and passenger bodies have recommended. I urge the Minister to support the amendment on that basis and to press the Government to enshrine these other safeguards in law.