THERE is nothing the Government can do to ensure minimum service levels are implemented during train strikes, the rail minister has admitted.
Huw Merriman said train companies might never use the recently law introduced to minimise the impact of industrial action.
The latest strikes were meant to be the first test of the legislation, aimed at ensuring train operators could run 40% of services.
But none of the train companies used it as they bowed to the pressure of union threats.
Asked what the point of the legislation was, Mr Merriman told the Commons Transport Committee: "Our job is to do everything we can to ensure that minimum service levels can be utilised.
"The decision as to whether they are utilised is one for the employer. And to date, they have determined not to."
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When told train companies are likely to never implement them if they are going to see further industrial action, the rail minister conceded "we will end up with those same decisions" if they "continue to view it in the same way".
He later added: "There's nothing that the Government can actually do to force employers to utilise minimum service levels.
"We can only prepare and then sort of put it to them to make that determination, which is exactly what happened."
Only one operator, London North Eastern Railway (LNER), which is entirely state owned, expressed a serious interest in applying the law in the run-up to last month's strikes.
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But train drivers' union Aslef hit it with a further five days’ action as a result, though this was cancelled when LNER backed down.
At the time, Downing Street said they would consider if they can “strengthen” minimum service levels rules to ensure the "best interests of passengers".