RFG urges Parliament to amend Railways Bill for stronger independent rail freight appeals

The Rail Freight Group (RFG) has called on the Government and Parliamentarians to amend the Railways Bill 2025 to ensure a strong, independent appeals function for rail freight. The Bill enters its Commons Committee stage this week, but RFG has raised concerns that current provisions significantly restrict operators’ rights to appeal and weaken oversight.

Under the Bill, the Office of Rail and Road (ORR) will lose its current role in awarding track capacity and become an independent appeals body for operators outside Great British Railways (GBR). Legal advice obtained by RFG indicates that appeals under the proposed framework must meet Judicial Review principles, creating a high barrier to challenge GBR decisions. Moreover, ORR could only overturn a GBR ruling in the event of an error of law with only one possible alternative outcome, criteria which are extremely difficult to satisfy in practice.

RFG warns that without changes, ORR will be unable to challenge GBR effectively, leaving GBR to effectively “mark its own homework.” This risks prioritising certain trains over freight, undermining economic growth, and stifling the expansion of rail freight services.

Maggie Simpson OBE, RFG Director General, said: “Even with the best intentions, future GBR decisions could harm rail freight customers or constrain growth. A strong independent appeals function that hears cases on merit and enforces decisions is essential. Urgent amendments are needed to ensure commitments to rail freight growth are not compromised by an inadequate appeals process.”

RFG has published a position paper detailing these concerns and recommending changes to establish a fair and effective appeals system, ensuring that rail freight remains protected and supported in the UK’s evolving railway landscape.