Voices of the Industry presented by Steer - #5 Part 2: Projects, Decisions, and Future Challenges with ORR 0:05 [Music] hello and welcome to voices of the 0:11 industry a podcast series bringing you leading industry voices who challenge thinking across Transportation 0:17 infrastructure and [Music] 0:27 cities welcome back everyone to the second part of our two-parter with John Linson of the office of Ray Road we hope 0:34 you enjoyed the first part and in part one we navigated through the intricate landscape of rail regulation we explored 0:41 the evolving role of regulators dissecting challenges and Dynamics shaping the industry of rail and Road in 0:46 the UK today now in part two we're delving into more specific projects and 0:52 decisions that impact rail infrastructure get ready for a deep dive into the intricacies of round 0:57 development and regulation in the second half hour disc discuss I hope you enjoy it now let's get back to the chat with 1:04 John yes I I suppose you know we we deal with or I certainly have dealt with trying to help reform uh change 1:11 processes in the in the UK rail sector uh and you know there's proposals just come forward from Great British Railways 1:18 transition Team LA uh last week I think it was put some ideas forward and I can just imagine if you're I don't know 1:24 working in a local Authority part of local government trying to develop a Mobility Hub which brings together different sustain aable modes alongside 1:31 the rail network and you think I've got a scheme with network rail to introduce this create these things but now I've 1:37 got to talk to an energy provider to be able to get the energy to that site you think oh no there's another set of 1:44 processes that I need to go through so I just wonder how agile UK PLC will be in 1:50 some form in in picking up with some of these things that yes that's a pretty 1:56 big question to speak on on beh of I'm nervous if I speak on the PA of the whole UK PLC in that case 2:05 the the um but if you take it from the perspective of an individual company it 2:11 is sometimes I think quite easy to to criticize a big company like Network 2:16 rail or national highways I mean I I I'm not short of people walking up to me saying I tried to get network rail or 2:22 national highways or some part net Ro to do this and they were holy uncooperative and we get quite a few frankly 2:29 complaints about that but if you look at it from Network rail's perspective sometimes 2:35 actually people organizations want Network rail to pay more into something 2:40 so if you look at schemes where I've been told well net just hasn't cooperated with this at all sometimes 2:47 they haven't and I'm not saying netk perfect they're certainly not but often we find that they have but they just 2:54 haven't done what some people wanted them to do so they haven't added some extras onto into a scheme which frankly 3:00 they didn't really have to do but people wanted them to and ultimately as as a regulator we we can't always be in the 3:07 business of giving everybody what they want Network rail has a fixed budget it has licenses is bound by license it has 3:14 targets to me and it to make and it can't just be a general distributor of 3:19 resources no matter how popular that might that might be so there is a there is just a bit of a bounce in that here I 3:25 think for Network rail National highways and ourselves understood understood conscious of time let's let's turn some 3:32 some questions which are definitely in your wheelhouse they would say so rail reform John the UK government proposed 3:39 through the Williams railview some significant reform of the rail sector most significant probably in the last 30 3:44 years because of its well reported failings weaknesses of the current 3:49 structure and I'm just wondering how much is the O A contributed to the challenge that the industry now faces 3:56 and what roles do you think it will play to support Improvement in Industry outputs and Effectiveness going forward 4:02 if this if there is this major reform agenda underway how do you see that the 4:09 O will play its part in that yes so as you say m this has been on for some time 4:15 the debate over ra reform and particularly the instruction of legislation to set up a new entity Great 4:20 British Railways and and the idea behind that was to be effec as the government said to bring track and train together 4:26 you know we would we'd have one organization umbrella organization that was responsible for track and train uh 4:33 where at the moment we much more of a split between what might for the infrastructure and and the train operators and as part of that we we did 4:40 have a a long discussion with with government about what what what that would mean for the the office of RA Road 4:45 what would that mean for us what would we need to do differently and so what what was agreed at the time was that if 4:51 this organization was set up Great British Railways the government wanted to have our role expanded so that we 4:57 were basically a regulator for the whole of Great British Railways so whatever Great British Railways did one regulator 5:03 would sit above it and so you'd have the government You' have the regulator you have Great British Railways um and 5:09 that's that would that would have required us to make some quite big changes we would have needed to change 5:15 some of our capabilities we do need to take on capability we don't don't currently have so we had an agreement to 5:21 to do that but in practice uh the legislation isn't going to be introduced in this Parliament just for sort of 5:27 wider listeners it may well be that it's coming um but in the short term it's not but I 5:33 suppose the only thing I'd add on that is that it does raise a sort of in regulatory terms what what's often 5:39 forgotten is which organizations are outside Great British Railways because 5:46 as a regulator we we what what people want out of a regulator is that impartiality they go to a regulator 5:52 because they're looking effectively for someone who would would take a sort of rational public interest View and so I 5:58 do find that sometimes is presented as if every rail company or infrastructure manager or whatever in 6:04 Britain is inside would be inside Great British Railways they wouldn't all private freight companies would be 6:10 outside Great British Railways and hence from from my perspective it's it's it is 6:15 what I can do to support the government in its reform setting up Great British Railways oversight and Assurance around 6:22 Great British Railways but I also need to think about well what what protection do the freight companies need because 6:27 from their perspective they're just facing and even bigger monopolist so if you're if you're a 6:33 relatively small company you might reasonbly ask well what's the regulator going to do for me and that's led to 6:39 some actually quite interesting challenges in terms of we we have performance incentive systems in in 6:44 Britain so if the infrastructure manager causes more delay minutes the train operators get payouts and things like that and the government wanted to switch 6:52 off those mechanisms for companies inside Great British Railways which is is is fine and that will be done but 6:57 actually the freight companies outside of Great British Railway wanted to keep them because they didn't trust great Bri Railways so for me there's there is a 7:05 again there that sort of balancing act we can't just look at for one part of the of the sector we have to try and 7:11 find in this case a hybrid system where we have one system for companies inside gbr and a system for companies outside 7:18 gbr and to me that's you know that's a pragmatic way of of of dealing with the 7:23 an evolving situation and you talked about the new capabilities if you become 7:28 that regulat for Great British rers in due course that new capability which will be I I guess looking after train 7:34 the gbr's role with regard to train operators do you see I'm I'm trigged with going forward going looking back 7:41 what else might change in the way the O operates the way it addresses its Mission if the whole industry is going 7:48 to be the intention is to do culture change adopt automation deliver more seamlessly and better almost and be you 7:54 know be more strategic perhaps in in the way it works how does the O change the way it operates as well as its scope of 8:01 operation if you want yes we we we looked to this we had um there was quite a debate of what you might what was 8:08 called a sector Target operating model what would the whole rail industry look like after reform and then for each 8:15 organization its own Target operating model so one of the things we we did was to look at how we would organize 8:21 ourselves as you say exactly how would we work what what what would we need in changes in our 8:26 culture at this stage that's that works never because this reform isn't going ahead that that work's never sort of 8:32 been discussed in detail externally it's effectively sitting there and it's I think probably inappropriate to to talk 8:39 about it until we know the reforms are are are going ahead which we'll just have to wait for but uh but um yes we we 8:48 we have we've debated that we we would need to shift in in certain ways we we'd have to have slightly different 8:54 relationships with government probably there' be uh maybe s changing some of the lines around accountabilities in 9:00 certain areas and that would drive different behaviors maybe in governance Etc so you know the quite a lot of work 9:05 did go into this at the time and if and when it was required with all this would um this would all be sort of rebooted 9:11 and we would we would be coming back to it understood step and I both had had a 9:16 role to to support network rail in some Readiness I guess for the the next 9:22 control period which were just about to end yourselves the O gave your final 9:27 determination at the end of October uh uh and there is still you know some people believe the the determination is 9:34 perhaps better than it might have been but there is still quite healthy challenge to network ra to deliver 9:39 efficiency and improve outputs Etc and one of the aspects that they were looking at was Market Le and whole 9:46 industry initiatives to try and help them better get improved confidence around of cost efficiency and where 9:52 savings might become and I'm wondering how when we don't know the answer we are going to have to think laterally 9:58 radically perhaps innovatively creatively how does the IR support that 10:03 creative agenda to try and realize the benefits certainly in terms of something like whole industry performance we the 10:10 split between ourselves effectively with's performance and government focusing more on the train operators 10:18 there is no doubt that we could we could all and I'm including the IR in this all Sol and government do better in terms of 10:25 joining up on that with or without rail reform we we didn't we just this is a s 10:30 sort of danger that you you just sort of wait for for something to happen you well you know there there's not a lot I can do until Railway reform comes on and 10:38 and it's just not true and and it almost allows a little bit of a little bit of a cop out but if you've got an 10:44 infrastructure manager on the fiveyear planning cycle and train operators on an annual business planning cycle and you 10:49 want to ask the question how are we planning for year two performance you've got a problem but that's a solvable 10:56 problem in a sense it's a solvable problem without legislation and so the the it just come just come back to 11:01 directly to your question the the thing that we particularly want to focus on at the moment is okay let's now go back to 11:07 what we can do without legislative change it cannot be that effective that everything has to stay the same as it is 11:14 now it just doesn't and so and and hence in that that whole industry performance 11:20 area that that's certainly something which we believe we can do quite a bit more on with government that we're doing 11:25 now and and we are having active discussions about that so that's the number one priority of most users the 11:30 performance of the system are you know in Cally is is your train on time yes or no that's what people want to see us us 11:37 to do and that's what I believe we we should we should be focusing on Stephen any any Reflections from the 11:44 whole industry market led work that you were doing and and perhaps you know the one thing that you might say that networ 11:50 ra might ask John or if they haven't already asked or anything thing that you think might be the differentiator to 11:56 unlocking things it's a radical idea I mean you know obviously Nal rail has very much been asset condition Le and 12:03 this going to something which is more Market Le I think everyone needs to 12:08 recognize is is is a significant change and and it was what was driving that 12:15 change was potentially different use of the network by the consumers by train 12:21 operators so I mean I think it's still a little bit early and you know I go back to one of John's points about five year 12:29 Rail and oneyear train operating business plans I do wonder whether part of the the answer is is better alignment 12:37 between those which would allow perhaps some of these Concepts and new ideas to 12:42 be investigated in a bit more of a joined up way I think I think that's a 12:48 really good point that that there probably is more work to do there because I won't mention any names but I did try a a brief test on people about 12:56 what do you think is meant by the market Le proposal and I would say there was quite a wide range of answers in in terms of what 13:02 people actually thought it would mean in in practice partly depend I suppose 13:07 maybe on what they hoped it would it would it would it would mean but um it is an area worth focused on more because 13:14 we we are as a railway in Britain we are short of money we have lost close to 13:20 something like 750 million pounds in revenues from from industrial relations 13:25 problems since last summer that is a phenomenal sum our revenues are way down anything they were in covid and hence 13:33 the idea that we shouldn't look at how to boost revenues and not was clearly be be wrong but what it actually means in 13:39 practice and also the politics around it because some sometimes what what depending on how what your view of these 13:46 proposals are if you're saying actually we need more higher Revenue generating trains on the network and fewer lower 13:53 generating trains Revenue generating trains on the network that's that's a profound political choice I know that's 13:59 not what always people mean about it and some of it could just be about giving people more visibility I remember um I 14:06 know real often say well this is partly just about making sure Engineers realize that they're about to spend 40 million 14:12 pounds on renewing this bit of the network which you know generates literally a couple million pounds in Revenue a year or something like that is 14:18 is that really essential not not that don't do it because it might be necessary for safety Rec but but you 14:24 know is he really essential I think that's quite a good discipline actually but it so it depends Steven was I think saying that it depends how far you take 14:30 some of these things because if it's about which trains go on the network well actually that's entirely under 14:38 almost entirely under government's control today those decisions could be decided now no no legislation is 14:44 required to do it uh franchisers decide the franchise operators operate the vast majority of trains in the country and 14:51 you could sort of change that with no major structural change in it at all but and I think that takes us to a point 14:58 that eventually you go beyond analysis and these are these are really difficult 15:04 political choices and in a sort of relatively densely populated country 15:09 where with lots of conations where people rely on on networks on the rail network and also with increasing you 15:16 might say interest at a more devolved level about the relationship between different parts of the country Etc these 15:21 are actually big political questions that they're they're Way Beyond just analis and I I think the idea that if 15:27 you if we set up the new Great British Railways company you could just Implement those sort of changes almost 15:34 without political oversight I just find a little bit unlikely certainly I have 15:40 extensive dealings with MPS I mean as as a an independent regulator I we are ultimately accountable to Parliament I 15:47 can be called in front of parliamentary committees and I'm I do get called in front of committees I meet lots of MPS 15:53 and at the local level these things really really matter I think one of the 15:59 es is how those are big questions as you certainly say and they're probably multigenerational or multi- Parliament 16:05 perhaps so how do we help decision makers navigate what are electorally 16:10 sensitive topics and choices yeah yes absolutely and there has been some good 16:15 work done uh I think in the industry setting out some of those choices because yeah if you don't put the 16:21 options on the table you're quite right how how would any politician know what they were choosing between so I do think 16:26 some good work's been done there and and I know that more more could be done but 16:32 generally speaking politically in in Britain that there's often quite any extensive debate about relatively small 16:39 variations in train services around the country so so it depends on suppose when 16:44 people say Market later how how big are you planning to go here this and and going back to the point we discussed 16:50 what exactly does it mean is is it means is it indicative just trying to give you a pointer or actually saying it's a 16:57 really big driver of strategic change that that would that's a different way of look it it's a very good segue to my 17:04 next question I can't let you get pass without asking a question about hs2 so the government has decided not to 17:10 proceed Beyond phase one of the new highspeed line hs2 and is canceling Phase 2 a and 2B so the Ser Network 17:18 won't extend beyond Birmingham John what's the ramifications for you you can 17:24 express an opinion on the hs2 decision if you wish but what's the ramifications for in enhancement development and 17:30 delivery perhaps on the conventional rail network given that decision because it it has 17:36 ramifications yes yes it does I mean the decision on hs2 is a is a critical choice and and we don't have any 17:44 involvement in those political choices i w I won't I won't comment on that but but so it is a ramifications which I think we do need to have a view on and 17:51 and there are it's interesting that a lot of people perhaps naturally are focused on what else could you do with 17:57 the money in say building new stations or electrifying parts of the network or 18:03 things like that I think again there perhaps the more public facing glamous schemes and I can tightly 18:09 see why people are interested in that but going back to well okay that and some of those again are political 18:15 choices but going back to what what do you expect of a regulator here we just need again to look at the existing 18:21 Network and where we find ourselves without going into to understand detail geography of of of this where we find 18:27 ourselves is now with a we have a rout running from London North heading the sort of central western side of Britain 18:34 heading up Scotland or we've call West Coast Main Line in effect and you've got sort of s bit of that which is is going 18:41 to have a highspeed line running alongside it and then the rest of it w't and that raises some some quite big 18:47 issues in terms of capacity as as as trains come off the highp speeded line and have to join what sometimes called 18:53 the conventional Network or whatever you want to call it that there there are now quite clear issues around around 18:59 capacity and depend on the level of capacity that can be generated choices and and that's an area where Network 19:04 rail now are doing along with along with high speeded to and and others are doing I think some quite really important and 19:10 essential work to to look at that I it's you know again probably a bit less glamerous than some of the some of the 19:16 schemes people are talking about but that that's an imperative also for us what happens at ouon station there's 19:22 quite a controversy about what exactly happens around the main the main station in London and and an intermediate 19:27 station at oldo com and quite what what sort of role these stations are serving in the new word and how how they fit in 19:34 with the conventional tiet old at common how this fits in with conventional services and the these are real real 19:40 sort of nuts and bolts stuff now for for the the rail network so that they're probably more of our our area's interest 19:46 than than perhaps some of the big enhancement schemes you you refer to yeah I mean do do you think it has 19:52 ramifications or repercussions for how you will monitor the beginning years of cp7 for example that you might that you 19:58 know Network rail may say hang on a bit we we're not we can't we shouldn't proceed with that renewal until such time as we know it isn't a hunt 20:05 enhancement this at this stage and it may be that I changed my mind over time 20:11 at this stage I don't think so not not in the not in the early stages if only for the reason that it may take some 20:17 time to to get decisions on on what we need to do there because as just as you 20:23 implied there the decision is almost certainly going to well it will cost money and there are plenty other claims on government funding we've got an 20:30 election next year almost certainly both political parties have their own all 20:35 political parties were their own spending priorities so I I suspect there's some way to go there and there's expectations that some money might be 20:42 spent on other schemes around the country so I I don't actually think might we probably even got to the starting line of of that debate uh I 20:50 just think that it's going to take some time a lot of options have being looked at before and I don't recall any of them being particularly easy as options so I 20:57 think we've got some way to go and I don't I don't at the moment see it having a major impact on the early years 21:03 of of the next control B the only thing that's worth pointing out is that there's always always an assumption well 21:08 you surely Network rail could find the money from somewhere type question whenever you've got a big company especially company spending more more 21:14 than 10 billion pounds a year there assump we surely they can find a bit more money from somewhere one of the features of the financial settlement for 21:21 the next five years is that the risk funding well not only is it been badly affected by inflation as indeed has happened you know across the world in 21:28 many sectors but that the risk by because of very fairly tight funding the risk funding is actually quite low 21:34 relative to the size of of the business and spend and indeed the RIS so there's 21:39 not some there's not a sort of big big fund sitting there waiting to fund major works there I think we're in the sort of 21:46 quite a lot of analysis to be done then some no doubt as ever quite quite tough prioritization to be done okay thank you 21:54 before we go to some quick fire questions Stephen any any reflection or question that you might have for for 22:00 John at this point yeah I I mean I I guess just looking forward with with all the 22:07 changes that have come in what what do you see as as the biggest challenge going forwards John in your role the 22:14 challenge what from my experience and this is just based on my own personal experience the challenge is is always 22:21 for the organization to stay relevant and I think you could look other sectors of the economy where organizations have 22:27 been perceived not to say stay relevant in changing circumstances and I think we 22:33 have demonstrated repeatedly and into the way we've changed our role over time the way we Flex you know we not that 22:39 many years ago we were regulating a private Company Limited guarantee then we moved to regulating a nationalized 22:46 industry so you have to adapt you you have to stay relevant you you have to 22:51 look at the problems around you and be part of a solution to those problems rather than just saying well we're the 22:58 later you know we do it this way and uh and good luck to everybody else and and certainly while I'm in this job I'm 23:04 absolutely determined that we will continue to change continue to evolve with the aim of staying relevant so we 23:10 we can serve the the public interest and hence the users and the systems and and 23:15 taxpayers right now conscious of time John I've got some quickfire questions I 23:21 don't know whether the answers are think be quickfire or not but uh let me try let me try these I've not done this 23:26 before is effective regulation an art or a science it's quite a bit of art to it 23:33 I think but obviously there has to be some science to it but I I think particularly when you've got a a lot of 23:40 a public sector environment I suspect there's probably a slightly higher degree of art what's the biggest 23:46 evolution in rail regulation you've seen since rail privatization I I think just in terms of 23:53 the functioning of the the regulator it goes back to discussion we had earlier about bring bringing together the health 23:59 and safety elements of Regulation with the economic regul I I know it's not something which permeates the public 24:04 Consciousness I don't think particular reason why why it should but in terms of just the difference those brings I I I 24:11 think that was pretty profound the other one was when Network rail effectively moved into the public sector I remember 24:18 I remember people distinctly remember the time some people saying well you know it gets a lot of money from the 24:24 public sector anyway so just so now it's now it's sort do nationalized industry I can't see any change I mean what did it 24:30 mean it meant that Network rail will be Consolidated into the Public Accounts as 24:36 soon as you are Consolidated into the Public Accounts of a government your life changed dramatically overnight you 24:41 are subject to processes procedures that you never saw before now now run 24:47 effectively an extra set of accounts uh that and I that was one which I I do 24:53 think was massively underestimated in terms of the profound impact that that 24:58 have and he still having to this day i' sort of Shar that it was a a decision but it took I think it took two years 25:05 before the The Narrative or the rhetoric about the the change was realized I 25:10 think I think you're right that's was that was looking back about rail regulations since privatization what 25:16 would be the one thing you'd like to see emerge in rail form if legislation comes forward and the next government is up 25:22 for rail reform is there something you'd have on on your Christmas list what would you like well I've stayed all all 25:28 the time on rail reform we we've tro a fairly careful line because effectively this this is government policy and so 25:34 clearly clearly if the government Chang its policy on on rail reform or you got a new government coming in with a different policy on rail reform I just 25:42 have to preserve the fact that we we are an independent impartial regulator you 25:47 we we we we don't contest with with government policy Direction whatever 25:53 happens though I don't think at the moment anything gets around the fact that we 25:58 we are at the moment in in a constrained funding environment on Rail and and if that's not going to change then the need 26:05 to prioritize will remain and hence that the importance of what you might call well-informed 26:11 prioritization uh people understand the choices that are being made and why I just don't see that going away in in the 26:17 slightest is going to remain as as a as a major issue right last one you might have you might play the same argument 26:23 again given the national infrastructures commit commission recommendation that 26:28 the government should replace tfl's annual funding with fiveyear settlements 26:33 would you like to take up a role overseeing tfl's efficiency and expenditure that's actually a really 26:40 topical question because For the First Time Ever we about a couple months ago 26:47 we we did provide a report to to tfl the Department of Transport on for transport 26:53 and the treasury in Britain around the the cost of the capital program next 26:59 year for tfl we were asked to do this the three organizations effectively asked us to do this it's the first time 27:05 we've ever done what you might call more of an economic role with with tfl we we're responsible just for particular 27:11 International listeners we we're responsible for health and safety on pretty much every part of the rail network in Britain tfl runs a lot of the 27:18 tube trains the underground trains and we do health and safety on on that as well but we've never had a role beyond 27:25 that and and some of that came out of a more General discussion about the future 27:30 funding framework for for tfl uh because like all funding Frameworks in in any 27:35 any walk of these things are hotly debated and but the question was the question we has been some discussion 27:41 about is that would tfl the government in general all both or all be better off 27:47 under a some kind of regulatory environment than the current environment would would that actually be better for 27:53 the organizations for the end the end users of the system or not and so that we have had some some conversations 28:00 about that it is it is really really interesting because there's a different political structure for tfl there's 28:05 there's a separate mayor a separate assembly so there's different structure but we there has been some work done on 28:11 that and and I think it just interesting this literally a couple months ago we we we sent a report about our cost analysis 28:17 for tfl and the government so I I don't know what's going to happen and ultimately it'll be decision for for 28:22 government and for tfl but as as I've yeah we again we s we are we're here to 28:28 serve in that sense and if if we're asked to to do that do such a role then obviously we we would we would we would 28:34 do it but I suspect there's there's quite a long go long way to go and discussions like that you'd end up picking up new capabilities for buses 28:41 and cable cars at least well indeed one of the issues would be about when when 28:46 we say transport fund and do do we mean all modes for transport fund exactly what would it cover and and and so on so 28:54 yes the um yes and if that if that required whatever the decision would taken we would have to look at 28:59 capabilities and also just the very different environment there and also we course we have different models what exactly do we mean by sort regulation 29:06 regulatory settlement we we have a different model for National highways compared to network Rail and there are 29:12 actually many different ways of cutting these models and something more more tailored to those precise circumstances 29:17 of tfl and what the government's looking for too might be better than any of the current models okay right we are out of 29:24 time I think Stephen any last thought or reflection before we sign off I think 29:29 thank you to John and you know a reflection of how important the the the 29:35 life and the role of The Regulators within industry but also to each 29:40 individual consumer uses the transport system really does go to the heart of that thank you yeah certainly I I'm 29:48 taking away John the the important role that the O is playing and wants to 29:53 continue to play as that independent voice for different users uh but I'm also taking away some some other things 30:00 I've heard which in our recent series that we were doing here in the UK on recab rating Britain's Railways was 30:05 changes possible reform may or may not come and Great British Railways may not be the Panacea solution so it's 30:12 important that energy is sustained and change is sought now frankly rather than 30:18 waiting so John thank you very much for sparing the time it's been a great conversation I didn't didn't think we 30:24 would go as long as this but we did I could have asked more contentious questions of you like with do you want 30:29 to get back into Health economics or not I suspect I've left it a bit late now 30:34 Mike and I do enjoy working in in railroad I say I've really enjoyed it thanks so much yourself Mike and Stephen 30:39 it's been really really interesting conversation so thank you uh and this is you can find this podcast and other 30:46 pieces of our voices of steer and voices of Industry at steer group.com I look 30:52 forward to uh engaging with you again thanks very much everybody 31:02 n 31:12 [Music]