Peers Question Government Powers in Great British Railways Legislation

House of Lords committee raises concerns over ministerial powers contained within the Railways Bill, calling for stronger parliamentary scrutiny and tighter safeguards.

The Government's flagship Railways Bill, which will pave the way for the creation of Great British Railways (GBR), has come under fresh scrutiny after a House of Lords committee questioned whether ministers are being granted powers that extend beyond what is necessary.

In a newly published report, the House of Lords Delegated Powers and Regulatory Reform Committee (DPRRC)highlights concerns over three provisions within the legislation, arguing that aspects of the Bill could allow ministers to make significant legal changes with insufficient parliamentary oversight.

Concerns Over Ministerial Powers

The committee's attention focuses primarily on Clause 71, which would give the Government powers to alter rail access agreements as responsibility for managing Britain's railway infrastructure transfers to Great British Railways.

While ministers have stated the powers would be used only where necessary to support the transition, the committee argues that the legislation itself places few meaningful limits on how those powers could be exercised.

Rather than judging legislation on ministerial assurances, the committee says Parliament should assess the legal powers being created and whether future governments could use them more broadly than currently intended.

As a result, peers are recommending that Clause 71 be amended to ensure it can only be used for the specific purposes set out by the Government and that any future use of the powers should require a greater level of parliamentary approval.

Questions Over 'Henry VIII' Powers

The committee has also raised objections to Clauses 72 and 73, which deal with access to railway infrastructure.

Both provisions contain so-called "Henry VIII powers"—legislative mechanisms that allow ministers to amend or repeal existing Acts of Parliament through secondary legislation rather than introducing new primary legislation.

Such powers are generally regarded as exceptional because they reduce Parliament's direct role in scrutinising changes to legislation.

The committee says the Government has not provided sufficient justification for including these provisions within the Bill.

In particular, it warns that Clause 72 could allow ministers to amend legislation that has not yet even been passed by Parliament, giving future governments unusually broad powers to alter the legal framework without full parliamentary debate.

Recommendations for Parliament

The committee has urged the House of Lords to consider strengthening the legislation before it completes its passage through Parliament.

Its recommendations include:

• Restricting the scope of Clause 71 so it can only be exercised for clearly defined purposes.

• Increasing parliamentary scrutiny whenever those powers are used.

• Removing Clause 73 entirely from the Bill.

• Amending Clause 72 to prevent ministers from altering future Acts of Parliament through delegated legislation.

  
  

GBR Reform Continues to Progress

The Railways Bill forms the legislative foundation for the establishment of Great British Railways, the new public body that will oversee railway infrastructure and passenger services across Great Britain.

The reforms aim to simplify the industry's fragmented structure by bringing track and train planning under a single strategic organisation while retaining private sector involvement through passenger service contracts.

However, the latest intervention from the DPRRC demonstrates that, while there is broad political support for rail reform, Parliament continues to examine closely how much authority ministers should retain during the transition.

The committee's report does not prevent the legislation progressing, but it is likely to influence debate as the Railways Bill continues its passage through the House of Lords, with peers expected to consider whether additional safeguards are needed before the legislation becomes law.