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techUK’s Rail Policy Working Group has engaged with Peers to protect the tech sector as the Railways Bill enters the House of Lords.

techUK and our Rail Policy Working Group have been working and engaging on the Railways Bill. This Bill is one of the Government’s flagship transport policies, and it renationalises the rail network and creates a net state operator of the rail system. This operator, Great British Railways (GBR), is aimed to act as the “guiding mind” of the UK rail system, bringing together Network Rail and most passenger operations in England to manage infrastructure, run services, set fares and retail tickets. 

The Bill has now passed the Commons and had its first debate in the Lords. Ahead of this debate, techUK circulated a briefing to Peers prepared in collaboration with our Rail Policy Working Group, which represents members across the rail technology supply chain. You can read our briefing here.

Our message was that a modern, digital, passenger-friendly railway cannot be delivered by structural change alone: it depends on continued private sector innovation. We asked Peers to press for four safeguards on the face of the Bill:  

• a statutory innovation and technology duty for GBR, with clarity on strategy, investment pipeline and the role of GBRX; 
• a legally enforceable level playing field for rail retail, with GBR's retail arm separated from its market oversight functions;  
• open data, with equal and timely access to rail data and systems; and 
• a regulator equipped with a growth and innovation duty and the ability to act before harm occurs. 

These themes dominated the debate. Peers pressed the Government on the conflict of interest in GBR acting simultaneously as market operator, rule-maker and competing retailer. Significantly, the Minister, Lord Hendy of Richmond Hill, moved beyond the Government's earlier position in the Commons, saying that the ORR's retail code of practice "will also have a clear enforcement regime", and there will be separation of decision-making between GBR's retail and other functions. The Minister also declared himself "keen on open data", confirmed that GBR will share open data, and endorsed the argument that a published pipeline of schemes with business cases is essential to attracting private investment.  

Over the summer, techUK will develop detailed amendment proposals to send to Peers ahead of the detailed amendment stages, expected in the autumn. Members who wish to contribute evidence or drafting suggestions, or who would like to join our Rail Policy Working Group should contact robert.price@techuk.org.