The Rail Freight Group has called on the Government to amend the upcoming Railways Bill 2025 in order to strengthen the independent appeals function for rail freight.
Entering the Commons Committee stage this week, the bill will see the Office of Rail and Road (ORR) stripped of its role to award track capacity, rendering it instead an independent appeals body for operators outside of the newly-formed Great British Railways (GBR) – including freight.
The RFG has called on the government to amend its upcoming bill
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RFG has stated, however, that there have thus far been ‘serious concerns’ over the Bill’s provisions which will ‘significantly restrict’ the right to appeal, as well as the ability for the ORR to overturn a GBR decision.
The group has allegedly acquired legal advice that contradicts the Government’s claims of a continued, consistent independent appeals body. The RFG has stated that, in particular, there are concerns regarding the requirements for appeals to be made under Judicial Review principles, with a bar set ‘incredibly high’ for doing so.
New terms will also see the ORR only able to overturn a decision made by GBR where there is an in an error of law and one, single possible alternative solution – criteria with the Group has stated are ‘almost impossible to meet’.
The RFG has thus claimed that without significant changes to the bill, it expects the ORR to become ‘toothless’ and ‘unable to challenge GBR’s decisions effectively’, creating potential risks that will undermine rail freight and stymie economic growth through the prioritisation of its own trains.
In an effort to combat the potential issues; the Group has published a position paper which sets out its key concerns and proposes a number of changes to establish an effective appeals function.
RFG Director General Maggie Simpson OBE said:
However well GBR treats rail freight there could be times where a future decision causes harm to customers or hinders future growth. In these circumstances, a strong independent appeals function that can hear cases on merit and enforce decisions is essential.
The Bill needs urgent amendments to ensure that the commitment to rail freight growth is not damaged by an inadequate and ineffective appeals function.
The full position paper can be viewed on the RFG website, here.