Stephen Barclay MP asked me whether there is anything in the Freedom of Information Act (FOIA) to preclude its extension to Network Rail. Mr Barclay referred in particular to the power under section 5(1)(a) of FOIA to extend the Act by order to bodies performing "functions of a public nature" and the Treasury Minute suggesting that primary legislation would be necessary in Network Rail's case. The term "functions of a public nature" is not defined in FOIA and a detailed assessment would need to be made before determining whether the inclusion of Network Rail could be achieved through secondary legislation, on the basis that it performs functions of a public nature, or whether primary legislation would be required.
As a private sector company limited by guarantee, Network Rail is not currently subject to the FOI Act. Network Rail is a regulated provider of public services and already publishes a significant amount of information including detailed regulatory accounts. As David Higgins pointed out at the hearing, recognising the demand for more of its information and data, Network Rail has begun a transparency scheme to release more material on its website to improve its accountability to the travelling and non-travelling public.