Written Statement: UK Government Amendment to the Passenger Railway Services (Public Ownership) Bill

UK Government have laid an amendment to the Passenger Railway Services (Public Ownership) Bill (the Bill). The proposed amendment is as follows:

After Clause 2, insert the following new Clause

“2A Application of public sector equality duty

In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to public sector equality duty), at the appropriate place under the heading “Transport”, insert— 

“A public sector company providing services for the carriage of passengers by railway under a public service contract awarded under section 30 of the Railways Act 1993 (public sector provision of services).””

The amendment would add the public sector companies defined within the Bill to the list of bodies identified in Schedule 19 to the Equality Act 2010 as being subject to the public sector equality duty. It is the Welsh Government’s view that it would have no substantive legal or practical effect as any subsidiary company of the Welsh Ministers, is already a public authority for the purposes of the public sector equality duty, under section 149(1) of the Equality Act 2010.

I appreciate that this amendment comes at short notice, ahead of the Legislative Consent Motion debate planned for 5 November. The UK Government is working at pace on this legislation, and this Written Statement has been issued at the earliest opportunity.