47: Clause 2, page 3, line 32, at end insert—
“30D Management of rail services in Greater London(1) The Secretary of State must make a statement in each House of Parliament on the impact of shared responsibility between Transport for London and public sector companies awarded a contract under section 30(1A) under the management of Shadow Great British Railways, for the provision of railway passenger services in the Greater London area within three months of the day on which the Passenger Railway Services (Public Ownership) Act 2024 is passed.(2) The statement made under subsection (1) must include an assessment of how the provision of any services procured by Transport for London under section 30(1A) can be managed in a manner that is consistent with the remit of Shadow Great British Railways.”Member’s explanatory statement
This amendment requires the Secretary of State to make a statement assessing the impact of shared responsibility for railway passenger services in Greater London following the changes in the Bill.
My Lords, a great deal was said earlier in Committee about the achievements of Transport for London in improving passenger rail services in London, predominantly through the London Overground system. It would be wrong and unnecessary for me to repeat that; any noble Lord who wishes to see it summarised can read the excellent speech from the noble Baroness, Lady Pidgeon, who explained it all extremely well.
When it comes to London, the Bill has a huge lacuna at its heart: the mayor. The office of the mayoralty was established by referendum, and it is not to be treated with contempt. I may surprise noble Lords by saying that I had an increasing regard for the first mayor, Ken Livingstone, who defeated his Labour opponent to become mayor in 2000. We bonded over our joint opposition, on which we worked together, to Gordon Brown’s disastrous PPP for London Underground. That brought us together, and he always treated me with great courtesy and kindness. He started London Overground, and it was his success in winning the Olympic bid that secured for Transport for London a huge amount of investment in the capital’s transport, which was transformative.
How do this Government treat his successor? On 9 July, immediately after meeting the Prime Minister and other Ministers in the immediate wake of the election, the mayor said:
“What’s clear from listening to Angela Rayner and Keir Starmer today is they are really keen to devolve more powers not just to London but to other parts of the country. You will be hearing in the course of the next few weeks and months examples of those additional powers”.
Well, here we are, a few weeks and months later, and what do we hear? But he said something else on 9 July:
“One of the things that was confirmed from the meeting this morning is once those franchises end and are brought into”
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This is an arrangement that would have been wholly unacceptable to Transport for London under the guardianship of the Minister—and quite rightly so—but this is now what is going to be offered to London. The Government are trashing a system which is known to work and has delivered significant improvements, certainly in London, and replacing it with something that is untried and untested and goes to the heart of their own conception of what the railways should be like: that they should be running everything but some things can be run by other people because they already are run by other people. That is the irrational basis on which this project is being advanced. The Government seem to have very little clarity about where they are taking us as a direct consequence of this Bill and its prohibition on the Secretary of State awarding franchises or contracts of any sort to anybody, any organisation, that is not a public service company effectively owned by the Secretary of State.
So the question I started with, “Where is that the mayor?” is a broader one than simply for London. It really is, “Where are the mayors?” Where does devolution belong in this? What is that the Government’s vision for this? Is it really workable? Why are they trashing something that works to give us something which they claim will work but which evidence does not necessarily support?
My Lords, as I said last week when we debated a group of amendments about devolution of the railway, this is an issue that is dear to the heart of the Liberal Democrat Benches. We like nothing more than debating subsidiarity: what level is the most appropriate for different services and different decisions. I was not sure why it was felt that Amendment 47 was so significant that it needed to be debated separately rather than as part of the wider debate on devolution. I am still not 100% clear following the contribution of the noble Lord, Lord Moylan.
Understanding how the public ownership of the railway will fit alongside London’s concessions for the overground, the Elizabeth line and Merseyrail, is something that I hope the Government can expand on as they develop their planning around Great British Railways. It is not ideal having this legislation in isolation from the larger Bill which we expect next year. I hope that the Minister can offer some warmer words today about future devolution, not just the limited existing devolved lines. We absolutely believe that our devolved institutions need to be able to run services in a way that serves the needs of local areas and local communities and integrates them with other public transport, rather than Whitehall taking back control. In London, devolution has enabled joined-up thinking on not only wider transport strategies but housing and economic regeneration, alongside an additional level of accountability and increased responsiveness. As we have already heard, Manchester is on the brink of its own equivalent to the overground, expanding its Bee Network to cover rail services.
I hope that the Minister can assure the House that devolution is part of the future of rail in this country and that this legislation will enhance the current situation rather than detract from it.
My Lords, I want to add a few words to the speeches of the noble Lord, Lord Moylan, and the noble Baroness. I, too, get confused about what the Government’s long-term objective might be for devolution. There was an attempt a few years ago —I cannot remember whether the noble Lord, Lord Moylan, was in charge of the railways then, or London—to extend the network down to the south or south-east somewhere, and the Department for Transport opposed it for very many reasons that were probably quite good. All these issues will need discussing when we start talking about Manchester, Leeds, Liverpool, Birmingham and other big places.
I hope my noble friend can give some idea of who will be in charge of setting the fares; who will be in charge of running the timetable; what the access charges might be for the trains on the track—assuming that GBR will still be running the track; who controls it, and who can get decisions changed if they do not like it. In other words, who is in charge? It is very difficult to have a debate without knowing some of these basic facts. Whether it is a concession, or a franchise, or run by GBR, I hope that my noble friend can give us some further thoughts on where he thinks this is all going. If he cannot do so tonight, when will we hear a bit more so we can have a proper debate about the regional element with, I hope, lots of consultation?
My Lords, I rise in support of the amendment tabled by my noble friend Lord Moylan, in seeking some clarity and assurances about transport in London, as a result of the Government’s plans to renationalise our railways. Before doing so, I will remind your Lordships’ that I am the Leader of the London Borough of Bexley, which is an outer London borough, so many of my experiences are driven by that.
It would be helpful if the Government could set out the intended relationship between them and the Mayor of London and Transport for London, should the renationalisation go ahead. Will the mayor and TfL’s powers be impacted and, if not, who will advocate for those in outer London or, indeed, outside London? The recent introduction of the Superloop showed how the Mayor of London and TfL do not understand the needs of outer London, especially in places like Bexley, Bromley and Sutton where there is no Underground infrastructure. The original TfL proposal was to take the Superloop to Bexleyheath station, where it would have been difficult to turn around, instead of taking it to Abbey Wood, where the recently completed Elizabeth line is now operational.
Your Lordships will know that Sir John Armitt of the National Infrastructure Commission will tell you the value of linking up transport options—that is what we sought to do. Fortunately, TfL did agree to our suggestion, and there is now a cross-borough connection linking the main transport hubs—that is, apart from Bexley Village, where that discussion continues. The lack of any Underground stations—something that the first Mayor of London tried to find in Bexley—also means a dependency on cars, especially with a high percentage of elderly residents. The mayor’s introduction of ULEZ charges, as well as the threat of road user charging, is therefore very unpopular and, again, shows a lack of understanding. This introduction also impacted those who live outside the London borders so, if the mayor and TfL have greater powers over the train infrastructure, who will advocate for those who live outside London but use services in London?
My Lords, I support my noble friend Lord Moylan’s Amendment 47, which addresses the interaction between Transport for London and public sector companies. There are three points I wish to make.
First, if, in future—as the Minister knows all too well, having sat in on these conversations—the Mayor of London wished to build an entirely new part of the network and go for, let us say, Crossrail 2, what would be the Government’s position on that? Would they allow London to retain its independence and choose between public and private or insist, not least because projects require significant government funding, that the Bill takes effect across all new infrastructure and future services in London?
Secondly, and linked to that—as again the Minister knows all too well—infrastructure in London requires the private sector to play its part and contribute at least to help unlock wider renewal and regeneration. I referred to Crossrail, of which, from memory, London businesses paid about 40%. Has there been an analysis of the Bill’s impact on the ability to raise funds from business? I imagine that the Minister will say that that is a matter for the mayor, but there surely must be wider read-through from the Bill to the country far beyond London.
Thirdly, I wish to seek clarity from a policy point of view. My noble friend’s amendment exposes a real problem with the entire premise of the legislation. After all, it does not merely address what the relationship will be between one entity inside London and another that falls outside, which takes precedence. In the main, the amendment demonstrates why London is an anomaly that undermines the coherence of the Bill and the credibility of the whole policy. Ultimately, we are having the debate on this group because London is exempt from nationalisation.
As we heard repeatedly in Committee, part of the agenda for reform is to try to bring all the transport network together and make it less fragmented, yet London is exempted from this for whatever reasons. I make this point because, with this Bill, we are enacting a two-tier system. Choice is gone, and we are strengthening or at least reinforcing fragmentation. I can almost sense the response from the Benches opposite. It will be, as we heard before, that their manifesto talked about this, but it talked about public ownership, not the retention of freedom of choice in London.
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On the second day in Committee, we talked about devolution more generally. The Government’s position was that
“further devolution of services risks including fragmentation, but … is not ruled out by the Bill”.
The Government also said that
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the Department for Transport,
“they will be talking to mayors like me about which of those railways we can take over. I’ll be lobbying for once those franchises end, those commuter trains that come into London for us to have that”.
That was the position of the mayor and, as far as I know, it remains unchanged.
But the truth must have dawned on him when he read—if he has by now read—the letter sent very courteously by the Minister on 18 October to noble Lords who spoke at Second Reading, in which he said in unequivocal terms:
“The Government has no current plan to devolve responsibility for operating further national railway services to local authorities”.
I take it—of course, he could contradict me on this—from that and from the tone of the debate earlier in Committee that he includes London and the mayoralty among those local authorities.
So, what is he actually offering? The Mayor of London will have the ability to agree national and regional services with Great British Railways, to be run by Great British Railways, and earlier in Committee, the Minister gave an example of how that might work. Again, I am not reading this from Hansard, but I think my recollection is correct. He told us that he was already in discussions with the Mayor of Greater Manchester about how the mayor could purchase services, I presume from Network Rail at this stage—as we know, Great British Railways does not exist as a legal entity, nor does shadow Great British Railways have any legal substance—which could even be branded with the Bee Network logo, which is the characteristic mark of local transport services in Manchester and of the buses operated by the mayor.
It is worth dwelling on this for a moment. I think I can say—it is very much up to the Minister to correct me—that, had this been put to the Minister when he was commissioner of Transport for London, he would have rejected it out of hand. The Transport for London brand is of huge value, and it goes to the reputation of Transport for London in a very intimate and direct way. There is no way that he, or I think the mayors he served under, would have accepted that services operated by a different operator altogether could have been travelling with the TfL brand on them, over which he had minimal control. Some noble Lords may say, “But doesn’t that happen already? He has private companies operating services in London with the TfL brand on them”. But they are of course operated on a concession basis, and they are very tightly controlled by Transport for London. Transport for London remains in control of its own brand. It is a question of the power relationship.
But what is the power relationship going to be between the Mayor of Greater Manchester and Great British Railways if the services it offers are branded with the Bee Network—which, I admit, does not yet have the global brand recognition that TfL, with its logo, its merchandising, its map and so forth, has? None the less, the Bee Network is an important brand for the people of Greater Manchester. What power is the mayor going to have if those services are operated in a way that is shoddy or objectionable or fails in some way? I will not speculate on the way, because we can all imagine it, whether it is timeliness, frequency, reliability, cleanliness or any of the other standards that have a direct and immediate impact on passengers. Of course, he will have no power at all, partly because he has nowhere else to go. He is simply a mayor, while this is Network Rail. It is huge and he is relatively small.
I recall being a commuter in the days of nationalised train services. It was great fun jumping off the trains before they reached the platforms. While you can argue that technology and change would have brought about some of the improvements that we see nowadays, there is no guarantee that Governments of all colours would have invested the money to make those changes.
There is a lot to be said for holding to account through contracts and performance reviews. As we know, investment in transport can bring about housing delivery. That has definitely been the situation in Abbey Wood post the Elizabeth line, which is why we want the original business case to take the Elizabeth line to Ebbsfleet to be completed. We know that it will bring about regeneration in Bexley and elsewhere, and bring about some of that housing delivery that London desperately needs.
Another case of opportunity missed is the Docklands Light Railway. The Mayor of London and TfL are proposing to extend the DLR across the Thames to Thamesmead town, which is a dead end. Our suggestion is that, if it were extended to Belvedere, it would not only link to Southeastern trains but, with a quick change, to both the Elizabeth line and Thameslink services—coming back to Sir John Armitt’s point. We know that the Government will need to invest, but who will determine that priority?
In addition to future planning of services, there is also the question of accessibility. If the proposals go ahead, who will determine when we get step-free access at Erith, Falconwood and Albany Park stations?
I am afraid that I have posed more questions than answers, but they are legitimate questions that need to be answered if the residents are to be protected from the Mayor of London. I support my noble friend Lord Moylan’s amendment.
Next we heard—not today, sadly—that public opinion polls said that people want nationalisation. When we heard this the other day, the only thing that struck me in my mind was this: are we really governed by public opinion? The other day—it might have been yesterday—there was a poll in which, I am afraid, our illustrious Prime Minister had fallen behind and was now more unpopular than Rishi Sunak. Does Labour, as it believes in public opinion, now believe that Rishi should be the Prime Minister?
Next is that the capital is so important, and that is indeed correct, but Liverpool is granted these freedoms too. Next it will be that I want to level down the capital —not at all.