Lord Leong:

Moved by Lord Leong

That this House do not insist on its Amendments 60B and 60C, to which the Commons have disagreed; and do agree with the Commons in their Amendments 60D and 60E in lieu of Lords Amendments 60B and 60C.

60D: Page 60, line 23, at end insert the following new Clause—“Guidance about the employment of children on heritage railways(1) The Office of Rail and Road and the Health and Safety Executive, acting jointly, must, before the end of the relevant 12-month period, prepare and publish guidance setting out circumstances in which a child carrying out activities for the purposes of a heritage railway in Great Britain is, or is not, to be regarded as employed in an industrial undertaking for the purposes of section 1 of the Employment of Women, Young Persons and Children Act 1920 (restrictions on the employment of children in industrial undertakings).(2) The Office of Rail and Road and the Health and Safety Executive, acting jointly—(a) may from time to time revise guidance published under this section;(b) must publish any revisions of that guidance. (3) In this section—“heritage railway” means a railway which—(a) is operated for the purposes of—(i) preserving, recreating or simulating railways of the past, or(ii) demonstrating or operating historical or special types of motive power or rolling stock, and(b) is exclusively or primarily used for recreational or educational purposes;“railway” includes a tramway;“the relevant 12-month period” means the period of 12 months beginning with the day on which this Act is passed.”

60E: Clause 156, page 150, line 13, at end insert—“( ) section (Guidance about the employment of children on heritage railways) (guidance about the employment of children on heritage railways);”

My Lords, I thank the noble Lord, Lord Parkinson of Whitley Bay, and my noble friend Lord Faulkner of Worcester for their engagement on this issue.

The Government’s amendments, which were tabled in the other place, build on the previous Amendment tabled by the noble Lord, Lord Parkinson, placing a statutory duty on the Office of Rail and Road and the Health and Safety Executive to produce guidance supporting 14 to 16 year-olds volunteering on heritage railways. This guidance will offer a clear benchmark for reasonable activities and assist inspectors in enforcement decisions. The Government are committed to this work, with publication targeted for 31 March 2026.

By working with the regulators, as well as heritage railways that are already operating successful volunteering programmes for children, there can be clear and practical guidance to protect the health, safety and well-being of young people interested in volunteering on heritage railways. This collaborative approach will provide practical guidance that empowers children to engage safely and meaningfully in heritage railway volunteering. In turn, it should provide the necessary bodies with reassurance.

It is of utmost importance that young people get the opportunity to learn new skills and gain confidence, as well as to help their community—all while ensuring that high-risk activities are not carried out and only appropriate activities are undertaken. I beg to move the Motion.

My Lords, I will be very brief. The House has heard me speak on this subject a number of times over the past 10 years, ever since the counsel’s opinion came through that the engagement of young people on heritage railways and tramways was illegal under the 1920 Act. The government Amendment, which bears a remarkable resemblance to the one that the noble Lord, Lord Parkinson of Whitley Bay, and I discussed with Ministers during the process of the Bill’s consideration, removes that threat from heritage railways provided that they follow the guidance which the ORR and the Health and Safety Executive lay down for them. I am grateful to them for their willingness to undertake the consultation which will produce that guidance, we hope by 31 March. Meanwhile, heritage railways are now able to recruit youngsters legally and, I believe, successfully to be involved in the running of the railway, and thereby provide some certainty that the heritage railway movement will continue. I will of course support the Motion that my noble friend has moved.

My Lords, I will be briefer still. I renew my thanks to the noble Lord, Lord Leong, and the Government for listening on this issue and my gratitude to the noble Lord, Lord Faulkner of Worcester, who has campaigned on this issue for many years. This compromise from the Government, which the noble Lord very kindly outlined to us before the tabling of the Motion in Another place, puts beyond the uncertainty of recent years an issue that has prevented young people from gaining skills and opportunities in volunteering on heritage railways, which are often considerable employers in their local areas and the linchpin of the visitor economy. This is a measure which will help growth and employment, as well as extending opportunity.

As it happens, when the Government were inserting these new words into the Bill in another place, the noble Lord, Lord Faulkner, and I were both at the Heritage Railway Association’s annual conference in Southampton where the Government were rightly getting the plaudits that they deserve for moving on this issue, so I am very grateful that they have done so.

My Lords, I add my support and thanks to the Government for this Amendment.

My Lords, I thank all noble Lords for their very kind words. I thank my noble friend Lord Faulkner and the noble Lord, Lord Parkinson, for their engagement with the Government, myself and my colleagues. This Amendment is good news to the thousands of volunteers working in heritage railways up and down the country, who will not have to worry about breaching any legislation. That said, let us choo-choo along and I beg to move.

Motion D agreed.