Freight Industry Still Seeking Clarity Over Government Powers in Railways Bill

Concerns remain within the rail freight sector that proposed legislation creating Great British Railways (GBR) could allow ministers to exert greater control over privately owned freight infrastructure, despite government amendments intended to clarify the Bill.

Industry representatives say changes made during the Railways Bill's passage through the House of Commons have not fully addressed fears surrounding Clause 72, which gives the Transport Secretary powers to introduce regulations covering certain non-GBR railway infrastructure.

While ministers insist the provision is intended to support operational integration between the national network and independently managed railways, freight operators argue the wording remains broad enough to create uncertainty over privately owned freight terminals.

Government insists powers are limited

During the Bill's Commons stages, Rail Minister Keir Mather told MPs that the amendment was largely technical and designed to clarify the definition of Great British Railways infrastructure.

He said the provision would enable GBR to operate services over infrastructure outside its direct control where necessary, citing examples such as Transport for Wales' Core Valley Lines and High Speed 1.

According to the Government, the measure is intended to improve network integration rather than extend public ownership.

Freight operators remain unconvinced

Despite those assurances, senior figures within the freight industry continue to seek stronger legal safeguards.

Their concern is that the current drafting could, in theory, allow future governments to regulate how privately owned freight terminals are managed or operated, even though ministers have repeatedly stated this is not the policy intention.

Industry leaders have called on the Government to make it explicit that the powers would apply only to operational coordination between connected rail networks and not extend to commercial freight facilities.

They argue greater legal certainty is needed to protect private investment across the freight sector.

Opposition amendments rejected

Attempts to tighten the legislation were unsuccessful during the Bill's Commons stages.

Conservative amendments seeking to explicitly exclude freight-only terminals from the scope of Clause 72 were defeated after the Government argued the additional wording was unnecessary.

Ministers maintained that the legislation does not provide powers to nationalise freight terminals or bring privately owned facilities under public control.

Public ownership protections added

Elsewhere in the Bill, MPs approved a separate Government amendment confirming that Great British Railways itself must remain publicly owned.

The change means any future attempt to privatise the organisation would require new primary legislation rather than being introduced through secondary regulations.

The Railways Bill has now completed its passage through the House of Commons and will face further scrutiny in the House of Lords, where freight industry representatives are expected to continue pressing for additional clarification over the scope of ministers' powers.