The Rail Freight Group (RFG) has called on Government and Parliamentarians to amend the Railways Bill 2025, warning that current proposals risk leaving rail freight without a meaningful independent appeals process.
As the Bill enters its Commons Committee stage this week, RFG has raised concerns over provisions that would remove the Office of Rail and Road’s (ORR) existing role in awarding track capacity. Under the new framework, ORR would instead act as an appeals body for operators outside Great British Railways (GBR), including freight. However, RFG argues that the powers granted under the Bill fall far short of providing effective oversight.
According to RFG, legal advice it has obtained challenges the Government’s assertion that a robust and independent appeals mechanism will remain. In particular, the Bill requires appeals to be brought under Judicial Review principles, setting an exceptionally high threshold. This, RFG says, could be further weakened by regulations introduced by the Secretary of State at any time.
The group is also concerned that ORR would only be able to overturn a GBR decision where there is an error of law and a single possible alternative outcome, a test RFG describes as almost impossible to meet in practice.
RFG warns that, without amendment, the arrangements would leave GBR effectively judging its own decisions, creating a risk that freight services could be deprioritised in favour of passenger operations. Such an outcome, it argues, would undermine confidence, constrain future growth and ultimately damage the wider economy.
To address this, RFG has published a position paper setting out its concerns and proposing changes to establish a genuinely independent appeals function that can consider cases on their merits and enforce outcomes.
Maggie Simpson OBE, Director General of RFG, said: “However well GBR treats rail freight, there could be times when future decisions cause harm to customers or hinder growth. In those circumstances, a strong and independent appeals function that can hear cases on merit and enforce decisions is essential.
“The Bill needs urgent amendment to ensure that the Government’s stated commitment to growing rail freight is not undermined by an inadequate and ineffective appeals process.”
RFG’s position paper is available here.
RFG has also ublished its response to the ORR’s own consultation on the future appeals function. Although the RFG is broadly content with the ORR’s proposals, without changes to the Bill provision it is unlikely they will be meaningfully used in practice. Click here to download a copy.
