Government Signals Continued Support for Open Access Rail Operators Under Great British Railways

The Government has moved to reassure the rail industry that open access operators will continue to have a role on the UK rail network under future Great British Railways (GBR) reforms — provided their services deliver clear benefits for passengers and the wider network.

The clarification came as part of the Government’s official response to recommendations made by the Transport Select Committee during scrutiny of the upcoming Railways Bill.

Questions had been raised by MPs over how open access operators — privately run rail companies operating outside traditional franchise agreements — would fit into the future structure of Britain’s railways once GBR takes control of network planning and track access decisions.

In its response, the Department for Transport said open access services can play an important role where they improve connectivity and passenger choice without negatively affecting wider network performance or the public interest.

The Government stated:

“We have been clear that open access can add value to the network by improving choice and connectivity for passengers and, where an open access application offers this in a way that does not detract from the wider network performance or the public interest, that operator should be granted access.”

It added:

“The aim of this Bill is for the best possible railway network — regardless of who runs trains on it.”

Debate Around Future Rail Competition

The future role of open access operators has become a key issue within wider rail reform discussions as the Government moves towards establishing Great British Railways — the new publicly owned body that will oversee both rail infrastructure and passenger services.

The Transport Select Committee had previously described the role of open access services as “a matter for debate” and questioned whether the proposed appeals process for track access decisions would be sufficiently broad.

Under current proposals within the Railways Bill, appeals against track access decisions made by GBR would focus largely on whether proper procedures were followed, rather than allowing broader challenges to strategic decisions about network capacity and usage.

Some MPs argued that limiting appeals to Judicial Review-style principles could prove too restrictive, particularly for operators seeking access to busy routes.

Industry Welcomes Clarification

Open access operator First Rail welcomed the Government’s comments, saying the sector provides important passenger benefits despite accounting for only a small proportion of rail services nationally.

Steve Montgomery, Managing Director of First Rail, said:

“We welcome government’s acknowledgement of the value that open access can add, albeit a mere 1% of services.”

However, he also stressed the importance of maintaining independent oversight of access decisions and a robust appeals system as GBR reforms progress through Parliament.

“For the Bill to support this, we would like certain reassurance, including on the independent adjudication of applications, and appeals based on decisions’ merits,” he said.

“We will continue to engage with the process as the Bill makes its way through both Houses.”

Freight Operators Also Seek Greater Protections

The Transport Select Committee also called for freight operators to be given broader powers to challenge track access decisions where they believe proposals could negatively affect rail freight growth.

However, the Government defended the proposed framework, arguing the appeals process already included sufficient safeguards.

Officials described the process outlined in the Bill as “robust” and said it was designed to focus on:

“Legality, fairness and consistency with GBR’s statutory duties and published policies, rather than re-running strategic judgements about network use.”

Open Access Role Still Evolving

While the Government’s latest comments provide reassurance that open access services are not being ruled out under GBR, uncertainty remains over how future competition on the rail network will operate in practice once reforms are fully implemented.

Supporters of open access argue the model drives innovation, improves customer service and creates new direct routes without taxpayer subsidy. Critics, however, have questioned whether additional operators can complicate network planning and reduce overall efficiency on congested parts of the railway.

The debate is expected to continue as the Railways Bill progresses through Parliament and the structure of Great British Railways becomes clearer over the coming months.