(6 years, 6 months ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the High Speed Rail (West Midlands - Crewe) Bill 2017-19 to 2019-21 passage through Parliament.
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I beg to move, That the Bill be now read a Second time.
It is four years since my predecessor, my right hon. Friend the Member for Derbyshire Dales (Sir Patrick McLoughlin), stood at this Dispatch Box to seek powers for a new railway line between London and the north, the first new major railway line north of London for 120 years. At that time, it was simply a concept—an important one but one that seemed a long way off. We have come a long way since. In February 2017, Parliament granted powers to construct phase 1 of the scheme, from London to the west midlands, and works on part of this route have now begun. This project is now a developing reality. We came a step closer to an operating railway when we announced the shortlist of companies that will bid for the west coast partnership and design, launch and operate the early passenger services on HS2.
This vital new rail capacity project, under construction from London to Birmingham, is only the first part of the project. We need to deliver capacity to our northern cities and bring our country closer together. I am pleased to stand here today, therefore, to start the next phase of this vital project. Phase 2a extends HS2 from the west midlands to Crewe. The first stage of the new line, which will take the midlands engine through to the northern powerhouse, connecting the two together, will accelerate construction of the first section of phase 2 by six years and bring us a step closer to delivering a complete brand-new high-speed line all the way to Manchester. That is the importance of today’s debate. It is this link that will take the railway line towards Manchester—finally to one of our great cities and industrial centres of the north-west.
As the Secretary of State will be aware, the statement of funding policy that accompanied the last comprehensive spending review awarded to Wales a 0% Barnett consequential rating for HS2, whereas Scotland and Northern Ireland both had 100%. Unless he can assure the House that Wales will get a 100% rating in the next CSR, my colleagues and I will have no option but to vote against the Bill this evening.
If the House does not support the Bill, the Crewe hub and the links to north Wales that it will provide will be simply an illusion, so the hon. Gentleman and his colleagues would be doing down Wales, which would be surprising—though, of course, it is typically Conservative Members who are the real champions of Wales. We will continue to ensure we provide the right connections to Wales.
I thank the Secretary of State for giving way so early in his speech, and I ask him to forgive me as I may not be able to be here for its entirety because I have other duties outside the Chamber, but I hope to return. He says he is very proud of this new railway the Government are building, but can he explain why he is building a railway with old technology? Back in 2015, the Japanese beat all their records with a Maglev train, whereas we appear to be building something from the last century, not something for the future.
It is interesting. I have travelled on the Maglev line in development in Japan. It is a project that has a role to play in the Japanese transport system, but, having studied it at first hand, I do not believe it is the right project for this country, and nor do I believe it could deliver the level of capacity that HS2 will. HS2, of course, is a capacity project that brings with it speed, not the other way around, and that is what our transport system needs more than anything else. It is crucial, too, to the development of the north of England, which has a population of more than 15 million and over 1 million businesses, and which has exports worth upwards of £50 billion. The north of England makes a huge contribution to the success and prosperity of this country, but it needs strong and effective new transport links, and this project will be an important part of that, which is why it is so important to the whole UK.
The Secretary of State says this is now about capacity, but please can he not change history? When this was first proposed, including the route through my constituency, it was all about speed; otherwise it would not have been allowed to travel on a route that will cause so much environmental damage.
My right hon. Friend will know that I have been consistent all the way through in talking about this as a capacity project. I know that she and I are on different sides of the argument, but, from the time I was shadow Transport Secretary a decade ago, I have always talked about this improvement in terms of capacity, and I will continue to do so, because that is the most important part of it. We can debate the rights and wrongs, but I believe it is a capacity project—the speed is a bonus. I do not believe in building something with old technology—we should have a state-of-the-art railway—but the big difference this will make will be to capacity.
I welcome the Bill, but I note that the Minister referred to connecting the west midlands to HS2. What about the northern powerhouse and Liverpool’s connection to the new high-speed line?
I did mention the northern powerhouse. In terms of Liverpool, which, as the hon. Lady knows, is a city I have great affection for, as we move beyond the Bill and develop northern powerhouse rail and integrate what needs to be done in the north with the north-south routes and HS2, I believe that all the great cities of the north—Liverpool, Manchester, Leeds, Newcastle, York, Hull—will benefit, as indeed will places further north, such as Carlisle and Scotland. I will come back to Scotland in a moment.
If that is the case and Ministers are concerned for the north, why has electrification between cities in the north been cancelled?
As I have said many times in the House, we are delivering a process of modernisation on the midland main line that will transform journey times and deliver much improved rolling stock and brand-new trains much sooner. Our proposed model will deliver the improvements people want in the early 2020s, which is sooner than any other project would have done.
I am grateful to the Secretary of State for giving way; he is being very generous so early in his speech. I agree with him: it is about capacity. We cannot have an effective, modern society unless we have capacity, and we have to have good infrastructure, which means connectivity. Would he therefore consider advancing the Government’s excellent plans for HS2 by bringing on the other piece of the Y to Leeds? I believe that people throughout the whole of the east midlands support HS2, and we want it as soon as possible, please, especially at Toton in Broxtowe.
I absolutely agree with my right hon. Friend. Toton is going to be a fantastic centre in the east midlands for commercial development—transport and residential—whose benefits will ripple out across the area and have a hugely positive effect on the whole of the east midlands. I understand her point. We are working as fast as we can to bring before the House the powers we need for the east midlands and Yorkshire leg. I want to get it right—there are sensitivities on the route, as she will know—and I have travelled much of the route myself and looked at the issues as and when they arrive. We will do everything we can to minimise the impact on residents—I understand that such major projects have a negative effect on some people—but I assure her that we will bring the measure for the rest of the route before the House as soon as we can.
I have talked a bit about the north. Let me now talk about Scotland, because I want it to benefit from HS2 on the day it opens. When the full Y network opens in 2033, HS2 trains will run seamlessly on to the west and east coast main lines from the network that is then built. My Department and Transport Scotland are working closely with Network Rail in looking at options that will go beyond HS2. We want to identify options for strong business cases that can improve journey times, capacity, resilience and reliability. Our ultimate ambition is for three-hour rail journeys between London and Scotland’s central belt—a further strengthening of the Union that we all hold so dear. That, I think, is the point: HS2 will be a transformative project for the entire United Kingdom, including the parts that it does not serve directly. The benefits in terms of job creation, business opportunity and technological development will be enormous for the whole country.
I strongly support the Bill, and agree with my right hon. Friend’s comments about capacity in our rail network and the positive impact that HS2 will have on our northern economy. Can he tell us a little more about the impact on job creation in the north and elsewhere outside London?
I pay tribute to my hon. Friend for the work that he has done on this project. He has been a very distinguished Transport Minister. He has not only made a major contribution to its development, but has been immensely sensitive in dealing with residents. He should take great credit for that.
The point about jobs is crucial. Our industrial strategy sets out a vision of a Britain that is confident and competitive, a global trading nation that is in charge of its own destiny, and HS2 can play a big part in that. Last year we announced which train builders were vying for the £2.75 billion to deliver Britain’s state-of-the-art high-speed trains. That investment alone will create many opportunities in this country.
I have said previously that during the procurement process, as we pick the organisations that will build these trains, it must be clear that they will have to leave a substantial skills and technology footprint in this country. We will not countenance trains being built in another part of the world, put on a ship and delivered to the UK, with no benefit at all to the UK itself. This project will have a lasting impact. Indeed, the whole construction of this railway will create jobs, careers, technologies and expertise that will last a new generation of engineers for a lifetime. That is another reason why it is so crucial.
Siemens in my constituency has been shortlisted to provide the signalling for HS2, and Chippenham hopes to benefit from the fact that 70% of the new jobs will be outside London. Does my right hon. Friend agree that this project has the potential to benefit the south-west as well?
My hon. Friend is right, and I am delighted that Siemens has been shortlisted for that work. I want as much of the work as possible to be done in the United Kingdom, so that we can develop that skills footprint, developing those young apprentices and developing the engineering skills that we need for the future. That must happen throughout the United Kingdom: south-west, north-east, Scotland, Northern Ireland, Wales, south-east, midlands, the north and East Anglia. I want to see jobs and opportunities for British businesses, and businesses based in Britain.
Does my right hon. Friend agree that we have Crossrail as a model? It is being finalised this year, and will be operating next year. That project was built on the use of suppliers in the United Kingdom, and the spread of its supply network throughout the UK. Although it was a London project, many parts of the country have benefited from it. What HS2 is doing is the natural follow-through from what Crossrail did.
Absolutely. Crossrail may be a project for transport in London, but it is also a project for engineering and industry in the United Kingdom as a whole. It brings benefits to all parts of the United Kingdom, and HS2 will bring benefits to all parts of the United Kingdom. Northern Powerhouse Rail, when it is built, will bring benefits in southern as well as northern England, and, indeed, throughout the United Kingdom. The more that we invest in these projects, the more economic benefits we will deliver across the UK.
May I ask my right hon. Friend not to take his eye off a distant ball, which is the future of the west coast main line after HS2 is constructed? More than 44 stations on that line will not be served by HS2. It is very important for passenger traffic to be maintained on the west coast main line, and to ensure that it is not used just for freight traffic.
My hon. Friend is right. As one who has sailed through his local station many times, on Pendolino trains, I believe that we can and should do better at such intermediate stations. We should provide better commuter links to Birmingham and to towns such as Northampton and Milton Keynes, and we should provide better links within the Trent valley—from Nuneaton to Lichfield, and up to Stafford. We will be able to do all those things to a greater degree in the future. Yes, there will be a freight benefit. We all want a freight benefit, because we want fewer trucks on the M6 and the M1, but the fact is that we can do both. Creating that extra capacity on HS2, or via HS2, is, to my mind, its great benefit. It will of course be a fast, state-of-the-art railway, but first and foremost it is about giving our transport system the capacity that it will need to enable us to grow in the future.
I know that there are people for whom this project is bad news. There are people who are affected by the routes, many of whom are in my hon. Friend’s constituency. I genuinely wish it were possible—I am sure that Members in all parts of the House wish it were possible—to deliver infrastructure improvements like this without human consequences, but it is not possible. What we must do is try to treat those people decently.
HS2 has not always got it right, and we will not always get it right, but I give the House today an assurance that I have given it before: when an injustice is being done, we will do everything we can as a ministerial team to sort it out. Members need only come to us and say, “This is unfair”, and we will look at it. Indeed, I have already done so in places up and down the route, and I will continue to do so, particularly in respect of this part of the project. A number of constituencies on the route from the Trent valley up to Crewe are affected. As the two Ministers responsible, the Under-Secretary of State for Transport, my hon. Friend the Member for Wealden (Ms Ghani), and I will happily talk to colleagues during this process. There will, of course, be many opportunities for them to make representations about the impacts to the Committee, assuming that the Bill is given a Second Reading today.
I appreciate what my right hon. Friend is saying today. We have also had many conversations about the ways in which some of my constituents are affected. That has been going on since 2013. We may get there in the end with compensation and agreements, but the problem is that it takes so long—far too long for some people. Some of my constituents are very elderly, and some are quite ill. Can my right hon. Friend reassure me, and my constituents, that we can improve the process?
I absolutely give my hon. Friend that assurance. There are processes that we must rightly follow to protect public money, but there are exceptions that always step outside what is planned. Part of the job that we have, as Ministers, is to ensure that when those exceptions arise—and I know that there are two in my hon. Friend’s constituency, which she and I have been talking about—we must resolve them before we reach a point at which those people are suffering in their lives. We are a little bit of time away from the phase 2 Bill and the process involved in phase 2b. As I have said to my hon. Friend and to other Members, we will try to sort out those exceptions so that people do not suffer inappropriately. I will continue to work with my hon. Friend to try to resolve the situation.
While the Secretary of State is handing out assurances, may I, on behalf of the people of Stoke-on-Trent, ask for an assurance that the existing direct and frequent services from Stoke-on-Trent to London, Birmingham and Manchester on the west coast main line will in no way be diminished or reduced as a result of HS2 taking up some of the capacity through the classic compatible services?
As the hon. Gentleman will know—and I have given this assurance to my hon. Friend the Member for Stoke-on-Trent South (Jack Brereton)— I am acutely aware of the issues in Stoke-on-Trent. I want to ensure not only that the high-quality service that it deserves is protected, but that HS2 trains run through it, which is also what it deserves. I have given that clear commitment to the people of Stoke. I want them to have a first-rate rail service, and HS2 will make it possible for them to have an even better rail service than they have at present.
Let me say more about the affected communities. Last week we announced an additional £5 million for communities and businesses that are disrupted by the construction of phase 2a, which can be spent on public projects, community centres and so forth. That will add to what we have already committed in terms of the mitigation and compensation in place, and we will carry on looking at ways in which we can minimise the impact on local people and the areas affected.
I am totally in favour of the project, as train travel is environmentally friendly because it gets people out of their cars and on to trains. But will the Secretary of State reflect on the potential loss of ancient woodland because of HS2, and whether consideration might be given, where possible, to using tunnels so that we keep these wonderful, magnificent trees? We have only 2% of them left in the whole country. Will we consider doing this? If not, and if there is unavoidable loss, could we consider 30% amelioration, as recommended by Natural England, rather than the figures bandied about today?
I am very well aware of the potential impact on ancient woodland. We have already made changes to the design of the project to try to mitigate that impact, and there is an absolute commitment to look to plant afresh and to develop environmental measures to compensate for any loss of woodland. Also, there are some exciting potential projects on the route that can enhance the natural environment at the same time as we are having to make changes elsewhere. I assure my hon. Friend that we are very sensitive to the issue she mentions, and we will do our best to make this project in as environmentally friendly a way as possible. We cannot build something new like this across the whole country without having some impacts, but we can try to mitigate them and put money into positive alternatives. That is what we are committed to, and that is what we will do.
This is a step on the way towards creating a 21st century new rail network: phase 1 to Birmingham, phase 2a to Crewe, eventually phase 2b to Manchester and Leeds, and then across the top with Northern Powerhouse Rail, and then, through that, the connections to the north-east, which the shadow Secretary of State will hold dear, to Scotland—colleagues on both sides of the House representing Scottish constituencies are keen to see that connection put in place—and into north Wales through the Crewe hub that we are working on at the moment.
This project will provide the capacity our transport system needs in the 21st century. It will deliver better journey times and, particularly importantly, much better connections between our northern cities—Birmingham, Sheffield, Leeds—where there are poor connections at the moment; this will make a huge difference to them. But above all this is about making sure this country has a 21st century transport system. I hope the project commands support across the House. I know that some Members have issues both about the principles of the project and constituency impacts. To those with constituency impacts I simply say again that we will do our best to minimise those and to work as closely as possible with them to make sure that people who are affected are treated as decently as possible.
This Bill is enormously important to this House, to the future of this country, to our nation, to strengthening our Union, and to delivering economic growth across the whole country, and I very much hope that this House will give it its support today.
I am grateful to the hon. Gentleman for that intervention, and it is key that HS2 integrates. We have just heard words from the Secretary of State about the need to ensure that it does connect with our northern cities, but we are yet to see those plans unfurl. We have heard about Transport for the North’s aspirations, but this cannot be a stand-alone project; it is essential that it links into our great towns and cities throughout the nation.
Linking the great cities of the north and midlands is equally important and will bring much-needed economic benefits to those regions. Labour supports the nearly 30,000 jobs the construction of HS2 will deliver and the huge uplift it will give to apprenticeships and training, particularly outside London. It is not too early to consider how we will retain and develop those skills in the future in other infrastructure projects both at home and abroad. I would be interested in any comments the Secretary of State has on this point, particularly with regard to Northern Powerhouse Rail and Crossrail.
I also make a plea that we must not repeat the catastrophe of the Carillion experience with apprentices. Apprentices in my constituency are being left flapping in the wind, not knowing whether they are going to be paid. We hear today that their employment will come to an end at the end of this month. It is a disgrace that £6.5 million of public money has gone into an apprenticeship programme that leaves our apprentices short of their qualifications and without employment. The Government should intervene now to guarantee that those apprentices will receive that assurance from this Government today.
I am grateful to the shadow Secretary of State for giving way, and he and I share that view. I can assure him that, on the HS2 project, the apprentices who were employed by Carillion are migrating to work for Kier and those employed by Carillion have been moved on to the project with the other two partners. So not only should there be no hiatus in the work taking place, but, more importantly, the people on those projects are moving to different companies involved in them. There are obviously some very difficult circumstances elsewhere as a consequence of the collapse of Carillion, but I have been very keen with this project to make sure we have the seamless transition we contracted for last summer, and I am delighted to see the apprentices move on in a way that enables them to carry on with their apprenticeships.
I am grateful for that reassurance in the context of these projects, but I am particularly concerned about these apprentices in the here-and-now; there are 100 out of the 1,400 who have been prejudiced in my community and we want to see this Government respond by coming to the table and making sure those young people have a future. It is difficult enough to encourage people into these industries in the first instance without leaving them high and dry, as has happened on this occasion.
I welcome the commitments contained in HS2’s environmental principles. It is imperative that environmental standards and air quality are at the forefront of the project. Many of the arguments about why we need HS2, and why we do not, have been well rehearsed in this House over many years: passenger rail numbers have doubled since 1995; rail freight has grown by two thirds over the same period; and the existing network has been operating at full capacity for years. No amount of timetable-tinkering can change this; I trust that all Members are in agreement about that.
Although it is important to maintain our vital road network, there is an urgent need to secure modal shift across transport: we cannot build our way out of congestion on our roads, and we must be watchful about the sustainability of domestic air travel. In addition, we face the prospect of the population of Britain reaching 70 million by the end of the decade. So the question is: how are we going to move our people around our nation? It is no exaggeration to say that the very economic and social livelihood of this country is at stake. Our capacity to move people by rail and bus is therefore crucial.
But the hon. Gentleman is thin, lithe and athletic. I am talking about a harried husband, a wife, squabbling children and loads of luggage. That is what I am talking about.
May I take my hon. Friend slightly closer to home, not perhaps in his own constituency, but alongside? Those people who seek to commute from Rugby, Coventry, Birmingham International and intermediate stations into Birmingham find that their daily journey is delayed by the fact that this line, which is two-track only and which can only be two-track, has express trains, local trains, intermediate trains to Northampton and even some freight trains on it. It is chaotic and jammed all the time. HS2 takes off the express trains and gives those people a better commute into Birmingham. Is that not something that the west midlands should champion?
My right hon. Friend is absolutely right about that. I do not think that there is any argument about the capacity problem. It was he, or perhaps it was my right hon. Friend the Member for Derbyshire Dales, who said that the west coast main line is operating at 100% capacity and that it is the busiest line in Europe. In fact, it is a triumph in that people have moved on to those trains in their millions since the time when a Labour Government were in power, and certainly since the time of nationalisation—and we all remember those curling sandwiches. Of course there are advantages, too, but it could have been done in a much better way. It is not a connected service. What do we have now? The genesis of it all was Lord Adonis who, in 2007, came up with the idea of the route. I can tell Members that he was astonished when the Conservative Government accepted that route. Again, let me say very clearly that I am arguing not against HS2 itself, but against the way in which it is being executed. That is what I am criticising. Lord Adonis wanted an ultra-high-speed line. As a consequence, he got rulers on maps, drew straight lines, crashing through countryside, which had previously not been damaged, destroying ancient woodlands, and generally messing up the entire area.
It is with great pleasure that I close the Second Reading debate. This is my first Bill, so there is no pressure; I will try to do it some justice.
HS2 presents a huge opportunity for the country as a whole. It is a major undertaking but an essential one. Throughout history, improving connectivity has led to innovation, economic advancement and increased productivity. HS2 is no different. This project is a significant long-term capital investment in the country’s infrastructure. It will deliver substantial economic growth and returns, creating the wealth we need to spend on all our priorities, whether those are health or education programmes.
We are ambitious for our country. My hon. Friend the Member for Redditch (Rachel Maclean) spoke about productivity, being ambitious and ensuring that we train engineers for the future. We are ambitious for all of our country and determined to leave no one behind. HS2 is what the Government are all about, as it will enable future generations to thrive.
HS2 is a significant investment, but it is also a necessary one, and it is important that we get it right. With that in mind, I would like to thank all right hon. and hon. Members for their contributions. There were 21 contributions in all, and I will do my best to respond to all of them.
HS2 has the potential to transform our rail network. As a brand-new line, it is the best option for creating more space on our busy railways. By freeing up space on the west coast main line between the west midlands and Crewe, phase 2a has the potential to deliver much-needed additional capacity on a constrained part of our network—reducing overcrowding and making journeys more reliable, creating the opportunity for more varied and frequent services across the region, and benefiting Nuneaton, Tamworth, Lichfield and Rugeley.
The benefits will spread well beyond the railway itself. Faster and easier travel will put more opportunities within reach of millions of people. HS2 will connect people to jobs, and businesses to suppliers. It will bring new investment, employment and regeneration to towns and cities up and down the country. HS2 has the potential to support hundreds of thousands of jobs, including 2,000 apprentices. Most importantly—this was mentioned by many Members—70% of jobs created by HS2 will be outside London. It will help to train a new generation of skilled workers, including through the National College for High Speed Rail.
Many Members—such as the hon. Member for Liverpool, Riverside (Mrs Ellman), my hon. Friend the Member for Redditch and the hon. Member for Birmingham, Edgbaston (Preet Kaur Gill)—spoke about investment in the north. The north of England, in particular, stands to benefit from HS2. This part of the route, between Birmingham and Crewe, has been brought forward by six years so that we can deliver more of the benefits of HS2 more quickly.
We want to transform journeys for passengers and create the capacity the north needs to flourish, and delivering HS2 is an essential part of that. We are already carrying out the biggest investment in the north of England for a generation, spending £13 billion on northern transport, which is the largest such amount in Government history. This is not about the north against the south. Investing in our rail network is a key part of the Government’s plan for a connected Britain, and we are committed to improving journeys for passengers throughout the country.
HS2 will bring benefits to cities across the north before the construction of phase 2. Phase 1 will reduce journey times towards, for example, Manchester, Liverpool and Glasgow, and will release capacity between Birmingham and London. By shifting long-distance services on to the brand-new railway, HS2 will release capacity on existing routes and provide options for new or additional local, cross-country, commuter and freight services in many areas.
Phase 2a, between the west midlands and Crewe, will further improve journey times and bring more benefits to the north. HS2 is a key component in the delivery of Northern Powerhouse Rail, our vision for significantly improving journey times and service frequency between major cities in the north of England. This is why we have announced £300 million of funding to future-proof HS2 to accommodate future junctions. With Transport for the North and Midlands Connect, we are developing a clear set of proposals for connections that would allow Northern Powerhouse Rail and Midland Connect services to use HS2.
Several Members have spoken about Crewe and Stoke, and I hope to be able to respond to some of their questions. The HS2 business case has always included a plan to run high-speed train services to Crewe, but I know there is a strong ambition to achieve even more. I visited Crewe just last week, and I was impressed by the enthusiasm and commitment of Cheshire East Council and the Constellation Partnership to make the most of the opportunities that HS2 will bring, including jobs and homes.
I agree with the hon. Member for Crewe and Nantwich (Laura Smith) that a Crewe hub would generate significant opportunities not only for Crewe itself, but for the surrounding region. My hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) spoke very clearly in support of Stoke being served by HS2. As the Secretary of State set out in his opening speech, we are very clear about the important economic role that Stoke-on-Trent plays in the wider region, and we want it to be served by HS2.
Under the current plans, Stoke will be served by just one HS2 train an hour. Will the Minister consider upping that to two an hour to generate the economic benefit she has just committed herself to?
We are a long way from the timetables, but if the hon. Gentleman will let me continue for a moment, I will talk about how and when we will respond to the consultation undertaken on this very section.
We are looking at what would be needed for phase 2a to support a future Crewe hub, but as the hon. Member for Crewe and Nantwich is aware, Crewe is a strategically important location on the rail network and the existing infrastructure is very complex. In our plans for HS2, we must ensure that we get things right. That is why last year we launched a consultation to look at whether we can provide an even better service to Crewe—one that could serve more destinations and allow more trains to stop. We are considering the responses, and will respond shortly. Realising the full vision would need the local council to work with us on funding, and my Department is working closely with Cheshire East on this. Some elements could be taken forward by Network Rail, under its existing permitted development rights, and we understand the whole-hub vision would require a junction north of Crewe back on to HS2, but that has to be a decision for phase 2b, as we will not build the relevant part of the HS2 line north of Crewe in phase 2a.
I am wondering whether we can get some clarity as to when we will get the answer to this consultation —not a “You will get it in due course” answer. We would quite like to know when that will be.
We are working through the details. We will try and do it as quickly as we can, but it will be shortly—this year. I am sorry; I cannot provide more details now, but I will write to the hon. Member and let her know. This is very complicated and cannot be rushed. We need to make the decisions for the right reasons.
I welcome the passion with which the Minister is approaching her brief, but may I bring her back down to reality? The constituent I mentioned in my speech, who has been so badly affected by HS2 phase 1 and so badly let down by HS2 Ltd, which is not paying the bills it promised, and is contracted, to pay, is now on antidepressants and fears that this sort of thing is happening to many other people up and down the line. Could the Minister put some of her passion for the project into protecting the people who are so badly affected by the project?
My right hon. Friend has raised many issues about HS2 Ltd, its relationship with our constituents and its poor performance in communication previously, with the Secretary of State and with Ministers who have held my current position. I will indeed endeavour to hold HS2 Ltd to account. I am more than happy to take on board any cases that my right hon. Friend wishes to present to me, and I am grateful for her words in opening her speech. I will do my best to outlive previous Ministers in this position.
To turn to the hon. Member for City of Chester (Christian Matheson), the consultation on the Crewe hub that we published last year included service pattern options that will reap benefits for Chester, north and south Wales, Shrewsbury and the wider region. As I mentioned, we expect to respond to that consultation shortly.
I think I can say this on behalf of all those who are liable to petition in Staffordshire, thus representing several constituencies here: will the Minister do everything possible to help those petitioners to present their case, and show maximum understanding of what is affecting them, right the way through from one end of Staffordshire to the other?
My hon. Friend has been a great champion for his constituents and has made his concerns known to me, the Secretary of State and previous Ministers. The Committee is the best place for him to represent his constituents and encourage them to petition the Committee.
My right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan) raised an incident in Colne Valley. I expect HS2 Ltd and any contractors to treat everyone with respect. The reported behaviour that she mentioned is completely unacceptable and falls well below the standard that I would expect. I am happy to take up the case on her behalf.
The My hon. Friend the Member for Lichfield (Michael Fabricant) gave a very passionate speech, which I believe is now trending on YouTube, with his walk back and forth in the Chamber. I am not quite convinced about his journey times within Birmingham, and as a proud Brummie I would not mind spending eight or 22 minutes walking around Birmingham as I think it is a great place to be, but HS2 is connected to existing rail stations up and down the network, including Euston, Manchester, Crewe, Leeds and Sheffield.
My hon. Friend the Member for Erewash (Maggie Throup) raised a number of concerns. I know that she has spoken repeatedly to me, my predecessor and the Secretary of State, and that too she is a strong champion for her constituents. On Long Eaton, HS2 Ltd has had meetings with my hon. Friend, valuation agents and residents to try to progress this issue. HS2 Ltd is mindful that there are elderly and vulnerable residents involved, and these cases are getting very senior attention within HS2 Ltd to try to find a resolution. I do not doubt that my hon. Friend will continue to work with me to ensure that her constituents are satisfied with the responses that they get from HS2 Ltd.
Let me turn to the points raised by my hon. Friend the Member for Lichfield and others about ancient woodland. Of course, ancient woodland is irreplaceable, and although we cannot fully compensate for all impacts, we have committed to use best practice measures, such as enhancing links between woodland, reusing ancient woodland soils and creating new mixed deciduous woodland. More than 75 hectares of new woodland will be planted along the phase 2a scheme to partially compensate for the loss of 10.5 hectares of ancient woodland. It is unfortunate, but we are doing our very best to compensate for the woodland that is being taken.
I am unable to respond to many other Members’ comments, and I will endeavour to write to them all, but I want quickly to move on to the question of engagement. Many Members mentioned that HS2 Ltd has fallen short of expectations as to how it should communicate with Members as well as their constituents. I expect HS2 Ltd to reach extremely high standards in all its engagement activities, and I say to the House that I am sorry if in any of these cases the level of engagement has fallen short. I encourage any Members with particular concerns to meet me to discuss them. I will listen, and I will endeavour to hold HS2 Ltd to account. As a project, we will continue to learn and improve.
There have been a number of conversations about the cost of the project. To clarify, the 2015 spending review reconfirmed the Government’s commitment to HS2 and set a long-term funding envelope of £55.7 billion. The Government are determined, and are on course, to deliver HS2 within this. HS2 is a major investment but a necessary one. For every £1 of investment, it will deliver more than £2 of benefits. That is more than £92 billion of benefits to this country before we even talk about the 100,000 jobs, 70% of which are outside London.
I fear that I have run out of time, so I must come to a close. We have made the case for HS2 and we now need to get on and build it. This country invented the railways, and we should be proud of our Victorian pioneers, but we cannot continue to rely on the network that they built. Around the world, our global competitors are already investing heavily in high-speed rail. We are now catching up, and I do not want us to be part of a generation that sits back while others move forward. I was touched by what my right hon. Friend the Member for Derbyshire Dales (Sir Patrick McLoughlin) said: when trains were first offered from Birmingham to London, people said that canals were adequate. Let us not be that generation.
Let us make no mistake: this country can deliver major infrastructure projects, and we should have confidence that we can deliver HS2. We have already delivered the 2012 Olympics and Crossrail—two examples of what we can achieve when we are ambitious, believe in our ability as a nation to get big infrastructure projects done, and commit to investing in our country and in our future. This Government have a vision for a stronger, fairer country within an economy that works for everyone. Infrastructure is at the heart of our industrial strategy and that for the north—for a modern country with a modern transport infrastructure to match. HS2 will play a vital role in this. I therefore commend this Bill, my first Bill, to the House.
(5 years, 1 month ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the High Speed Rail (West Midlands - Crewe) Bill 2017-19 to 2019-21 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Welcome to the Committee’s first sitting. Would everyone please ensure that their phones are on silent? We will first consider the sittings and order of consideration motions, which stand in the name of the Minister, which I hope we can take without too much debate. I call the Minister to move the sittings motion.
I beg to move,
That, if proceedings on the High Speed Rail (West Midlands - Crewe) Bill are not completed at this day’s sitting, the Committee do meet on:
(a) Tuesdays when the House is sitting at 9.25 am and 2.00 pm; and
(b) Thursdays when the House is sitting at 11.30 am and 2.00 pm.
Thank you, Ms Buck, for introducing proceedings. I look forward to working with all members of the Committee on the important process of line-by-line scrutiny of the Bill, and to hearing from Her Majesty’s loyal Opposition as part of that. I thank the High Speed Rail (West Midlands - Crewe) Bill Select Committee, chaired by my hon. Friend the Member for Rochford and Southend East (James Duddridge), which has heard from directly and especially affected petitioners over the past 15 months and has accordingly made changes to the scheme and the Bill. I am delighted that we can now move on to the next stage of consideration, which will enable us to take the benefits that the railway will bring further north.
The clauses and stages of the Bill follow previous hybrid Bills very closely, so they have already been approved by Parliament on several occasions. The functions of the Bill are: to authorise the compulsory purchase of the land needed, to give deemed outline planning consent to the phase 2a section of the railway, to give the nominated undertaker the powers to build and maintain the railway, and to modify existing legislation to enable this all to progress smoothly. Issues relating to the compulsory purchase of land and how that affects individuals, organisations and businesses have largely been dealt with by the Select Committee. What remains for this Committee are largely technical matters.
Question put and agreed to.
Ordered,
That the Bill be considered in the following order, namely, Clause 1, Schedule 1, Clause 2, Schedules 2 and 3, Clause 3, Schedules 4 and 5, Clause 4, Schedules 6 and 7, Clause 5, Schedules 8 to 10, Clauses 6 and 7, Schedule 11, Clause 8, Schedule 12, Clause 9, Schedule 13, Clause 10, Schedule 14, Clauses 11 to 13, Schedules 15 and 16, Clauses 14 to 17, Schedule 17, Clauses 18 to 21, Schedules 18 and 19, Clause 22, Schedule 20, Clauses 23 to 27, Schedule 21, Clause 28, Schedules 22 and 23, Clause 29, Schedule 24, Clause 30, Schedule 25, Clause 31, Schedule 26, Clause 32, Schedule 27, Clauses 33 to 37, Schedule 28, Clause 38, Schedule 29, Clauses 39 and 40, Schedule 30, Clauses 41 and 42, Schedule 31, Clause 43, Schedule 32, Clauses 44 to 62, new Clauses, new Schedules, remaining proceedings on the Bill.—(Ms Ghani.)
We now begin line-by-line consideration of the Bill. The selection list for today’s sitting, which is available in the room, shows how clauses, schedules and amendments have been grouped for debate. Grouped matters generally deal with the same or similar issues. The selection and grouping is simple: schedules introduced by a particular clause have been grouped for debate with that clause. Decisions on each will be taken at the end of each debate in accordance with the order of consideration resolution just agreed by the Committee. The only amendments are new clauses, which will be taken in turn after the existing clauses and schedules have been dealt with. I will use my discretion to decide whether to allow separate stand part debates on individual clauses and their schedules in the light of preceding debates.
Clause 1
Power to construct and maintain works for Phase 2a of High Speed 2
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss that schedule 1 be the First schedule to the Bill.
The clause authorises the nominated undertaker to construct and maintain the works specified in schedule 1 for the construction of phase 2a of High Speed 2 and other incidental works. It is a standard clause found in all works Bills. Phase 2a sits between two larger phases of the HS2 project, so the clause makes provision to accommodate emerging design works for phase 1 at Handsacre junction and phase 2b at Crewe.
Schedule 1 sets out the construction requirements for the scheduled works and provides permitted limits of deviation from the siting of works as shown on the relevant plans. It also provides a description of the scheduled works. The permitted deviation limits have precedence in other railway Acts, most recently the High Speed Rail (London - West Midlands) Act 2017. The limits of the deviation reflect the fact that the design of phase 2a is, by necessity, at an outline stage—detailed design will come later—so some flexibility is essential. Any variation within the limits of deviation is controlled by the environmental minimum requirements.
Labour supports High Speed 2, as it will address the severe capacity constraints on our rail network and improve connections between cities in the midlands and the north. Any responsible Government must contend with the fact that commuter and freight services are being squeezed off the network due to lack of capacity. HS2 is vital for unblocking the railway and creating additional capacity.
The UK is off track to meet its emission reduction targets under the Climate Change Act 2008. Transport is the most emitting sector of the economy and the worst performing sector with regard to emissions—indeed, emissions have risen since 2010. HS2 will provide an alternative to domestic flying and will tackle that important issue. It will also allow for more reliable rail services.
It is vital that we get HS2 right. It is a tremendous opportunity to improve connectivity and we support it as part of a package of delivering transformative investment in our rail system.
I welcome the hon. Gentleman’s comments. We are debating a particular section of the line, and I welcome his support.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Schedule 1 agreed to.
Clause 2
Further provision about works
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss the following:
That schedule 2 be the Second schedule to the Bill.
That schedule 3 be the Third schedule to the Bill.
The clause authorises a nominated undertaker to carry out any necessary ancillary works for the construction and maintenance of phase 2a, as long as such works remain within the limits shown on the plans. That could be railway works as set out in subsection (1) or, as stated in subsection (3),
“landscaping and other works to mitigate any adverse effects of the construction”.
Again, it is a standard clause for works Bills.
Subsection (4) introduces schedule 2, which contains
“further and supplementary provision about works.”
It allows for certain protective works, such as the preservation of buildings, tree management and so on, to be carried out for works authorised by the Bill. Schedule 2 also describes how the nominated undertaker can access properties along the route to investigate land, carry out protective works and provide safeguards for the property owners. Subsection (5) allows a nominated undertaker to divert the electricity lines identified in schedule 3, and to carry out the ancillary works required for the diversions.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
Schedules 2 and 3 agreed to.
Clause 3
Highways
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss the following:
That schedule 4 be the Fourth schedule to the Bill.
That schedule 5 be the Fifth schedule to the Bill.
Clause 3 introduces schedules 4 and 5, which allow the nominated undertaker to carry out works to and otherwise affect highways. That includes creating new or improving existing highways and highway accesses, and stopping up roads. It also requires the nominated undertaker to obtain the consent of Highways England before carrying out works to roads for which that body is responsible, for example motorways and trunk roads.
Developers can be overly dependent on road transport, which is ironic in a major rail project. I hope that the Minister will agree that as much freight as possible should be delivered by rail so as to minimise road use and the inevitable disruption to local communities. What steps have the Government taken to address that important issue?
The hon. Gentleman makes a valid point. We want the project to be as clean and green as possible, and freight capacity is a major issue that we are investigating to ensure that as much freight can be moved by rail as possible. I hope that provides him with the confidence he needs.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Schedules 4 and 5 agreed to.
Clause 4
Power to acquire land compulsorily
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss the following:
That schedule 6 be the Sixth schedule to the Bill.
That schedule 7 be the Seventh schedule to the Bill.
Clause 4 provides the Secretary of State with the power to compulsorily acquire land within the limits shown in the Bill, where such land is required for phase 2a. Subsection (2) introduces schedule 6, which describes some of the land to be acquired and the particular purposes for which it may be acquired. It is not land required for the scheduled works; it is land required for ancillary works, including environmental mitigation, utility diversions and borrow pits. The clause further provides that the normal legislative regime relating to compulsory acquisition is to apply, subject to the modification set out in schedule 7. The purpose of the modifications is to streamline the land acquisition process, as Parliament will already have given approval to the Bill.
Compulsory purchases and compensation have been an issue of contention during this process. For phase 1 it was initially decided that residents of urban areas would receive less compensation that those in rural areas—a decision that was eventually overturned. It is important that such issues are dealt with fairly, but it appears that tenants who are adversely affected by the scheduled works are not being treated fairly as there is no scheme to compensate them. Those who rent are already disadvantaged compared with those who own their own properties, and I believe that much more can and should be done. I will return to that issue when we discuss the new clauses.
The hon. Gentleman raises an important point. The purchase of land is essential to the completion of the proposed scheme. People directly and especially affected by the Bill have had the opportunity to petition the House and will have another opportunity to do so in the other place.
The project endeavours to use land as effectively and efficiently as possible. There are a number of places where compensation claims can be heard and settled by agreement, whereas disputes can be dealt with by the upper tribunal or by other factors that HS2 has put in place to deal with local communities and local people. Even though the project provides some disruption along the line, we want to ensure that we are doing the right thing by the communities we are working with.
Question put and agreed to.
Clause 4 accordingly ordered to stand part of the Bill.
Schedules 6 and 7 agreed to.
Clause 5
Acquisition of rights and imposition of restrictive covenants
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to consider the following:
That schedule 8 be the Eighth schedule to the Bill.
That schedule 9 be the Ninth schedule to the Bill.
That schedule 10 be the Tenth schedule to the Bill.
Clause 5 provides the Secretary of State with the power to acquire rights in land, such as access over it, or to impose restrictive covenants over land for the purpose of phase 2a, rather than acquiring the land itself.
Subsection (2) introduces schedule 8, which specifies land where powers of acquisition are limited to the acquisition of rights or the imposition of restrictive covenants for the purposes specified in column 3 of the table in that schedule. In particular, the restrictive covenants can be imposed for the preservation of ground re-profiling. This will ensure that no future changes are made that detrimentally affect the ability to deliver, maintain or operate phase 2a. Subsection (3) makes it clear that the Secretary of State can acquire rights or impose restrictive covenants for the benefit of another person, such as a statutory undertaker.
The clause also gives the Secretary of State the power to provide that a specified person may exercise the powers under the Bill to acquire rights to impose restrictive covenants. For example, it may be prudent to give a statutory undertaker the rights to impose restrictions so that they can maintain their own equipment on that land.
Subsection (6) introduces schedules 9 and 10, which contain provisions about the application of compulsory purchase legislation in relation to the acquisition of rights over land or the imposition of restrictive covenants. Subsection (7) amends section 5 of the High Speed Rail (London - West Midlands) Act 2017—the phase 1 Act—to make it clear that the Secretary of State can apply rights or impose restrictive covenants under that section for the benefit of another person, such as a statutory undertaker.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Schedules 8 to 10 agreed to.
On a point of order, Ms Buck. Is it in order to have a second shadow Minister kneeling on the floor during the Committee’s proceedings? I would be grateful for your guidance.
I understand the point, and normally that would not be acceptable, but my understanding is that the hon. Lady in question would have been a member of the Committee had she not lost her voice. With the leave of the Committee, perhaps a bit of flexibility would be acceptable in this case.
Clause 6
Acquisition of airspace
Question proposed, That the clause stand part of the Bill.
Clause 6 allows the Secretary of State to use the power under section 4(1) to compulsorily acquire airspace only, rather than the land beneath it, for the purpose of aerial works. The clause provides that where the Secretary of State needs to acquire only airspace, a landowner cannot require the Secretary of State to compulsorily purchase the land beneath it.
Question put and agreed to.
Clause 6 accordingly ordered to stand part of the Bill.
With this it will be convenient to consider that schedule 11 be the Eleventh schedule to the Bill.
Clause 7 allows the Secretary of State to compulsorily purchase only the subsoil or under-surface of land within the Bill limits for work such as tunnelling. Where the Secretary of State only acquires the subsoil or under-surface, he cannot be compelled to purchase the surface land, except where sub-surface acquisition includes part of a building, such as a cellar, and would therefore have a material detrimental impact on the remainder of the property.
Subsection (4) introduces schedule 11, which in specified cases restricts the compulsory powers of acquisition to subsoil or under-surface of land and the imposition of restrictive covenants. The table in the schedule details land where only subsoil more than nine metres below the surface can be compulsorily acquired. This is mostly for deep tunnels.
Question put and agreed to.
Clause 7 accordingly ordered to stand part of the Bill.
Schedule 11 agreed to.
Clause 8
Highway subsoil
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to consider that schedule 12 be the Twelfth schedule to the Bill.
Clause 8 allows the nominated undertaker to use any subsoil beneath the highway within the Bill limits which is required for the purpose of construction and maintenance of works authorised by the Bill, without the need formally to acquire the subsoil or any interest in it. This does not apply to cellars, vaults, archways or other structures that form part of a building fronting on to a highway.
Subsections (3) and (4) introduce schedule 12, which lists the highway allowed within the Bill limits where the powers to take subsoil or compulsorily acquire interest in the land cannot be exercised except in the case of street works, as per subsection (6). Subsection (5) provides that, in the case of highways in the land specified in the table in paragraph 1 of schedule 11, only subsoil that is more than nine metres beneath the level of the surface may be taken.
Obviously, layers of subsoil are important. There is a link to the depletion of high-quality soils. We need to preserve good soil for farming. Some farmers in this important agricultural area might have spent time improving the quality of soil on their land. We would like this issue to be addressed so that any movement of soil is managed with great care and caution.
The hon. Gentleman raises an important point. I already attend meetings with the National Farmers Union and the Country Land and Business Association. We will of course continue to work with them, and he will know that we try to reduce any environmental impact when building this railway line.
Question put and agreed to.
Clause 8 accordingly ordered to stand part of the Bill.
Schedule 12 agreed to.
Clause 9
Termination of power to acquire land
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to consider that schedule 13 be the Thirteenth schedule to the Bill.
Clause 9 sets out an expiry period for compulsory purchase powers of five years from the date of Royal Assent. The clause allows the Secretary of State by order to extend this period by not more than five years. Any order extending the time limit for the exercise of these powers is subject to special parliamentary procedure.
Subsection (4) introduces schedule 13, which enables landowners, in the event of an extension to the time limit, to require the Secretary of State to acquire their property interests. If he decides not to, the compulsory purchase powers over the property interest will cease. Similar provisions were included in the Crossrail Act 2008 and the High Speed Rail (London - West Midlands) Act 2017.
Question put and agreed to.
Clause 9 accordingly ordered to stand part of the Bill.
Schedule 13 agreed to.
Clause 10
Extinction of rights over land
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to consider that schedule 14 be the Fourteenth schedule to the Bill.
Clause 10 introduces schedule 14, which contains provisions about extinguishing private rights and any general rights of access over land, where such land is required for phase 2a. Those who suffer loss due to extinguishment of a private right would be entitled to compensation under the normal compensation provisions. Provisions for extinguishing rights were included in the Crossrail Act 2008, the Channel Tunnel Rail Link Act 1996 and the High Speed Rail (London - West Midlands) Act 2017. Similar provisions apply to compulsory acquisition by local authorities.
Question put and agreed to.
Clause 10 accordingly ordered to stand part of the Bill.
Schedule 14 agreed to.
Clause 11
Extinction of rights of statutory undertakers
Question proposed, That the clause stand part of the Bill.
The clause applies the provisions of the Town and Country Planning Act 1990, which provide a process by which any apparatus of the statutory undertaker on such land may be removed and related rights over the land extinguished. Clause 11 is subject to the protected provisions for specified statutory undertakers in schedule 32, which makes provision for the diversion or protection of their apparatus.
Question put and agreed to.
Clause 11 accordingly ordered to stand part of the Bill.
Clause 12
Exclusion of new rights of way
Question proposed, That the clause stand part of the Bill.
The clause prevents rights of way from being acquired by prescription over land that forms an access to any railway infrastructure and which is held for phase 2a.
Question put and agreed to.
Clause 12 accordingly ordered to stand part of the Bill.
Clause 13
Temporary possession and use of land
Question proposed, That the clause stand part of the Bill.
With this, it will be convenient to consider the following:
That schedule 15 be the Fifteenth schedule to the Bill.
That schedule 16 be the Sixteenth schedule to the Bill.
Clause 13 introduces schedules 15 and 16, which give the Secretary of State powers to take temporary possession of land within the Bill limits for the purpose of phase 2a. The land listed in the table in schedule 16 can be taken only temporarily and not acquired, except for subsoil and rights or restrictive covenants over the land.
Schedule 15 sets out the procedure, including the notice required, the payment of compensation to effective landowners, the suspension of private rights and rights of access over the land during the period of temporary possession and arrangements for the restoration and return of the land.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
Schedules 15 and 16 agreed to.
Clause 14
Use of roads
Question proposed, That the clause stand part of the Bill.
Clause 14 allows the nominated undertaker to use any road specified in the table in schedule 8, which is land for which only rights may be compulsorily acquired or over which restrictive covenants may be imposed, so as to obtain a right of passage for the purpose of phase 2a. This power ends five years after phase 2a is brought into general use.
The clause will require ongoing construction work and will cause significant disruption to road networks in certain areas. It is important that disturbance is kept to a minimum. The use of roads is likely to result in unplanned road congestion, which can lead to delays for motorists, disrupt public transport and interfere with walking and cycling routes. It also has the potential to disrupt many people’s travel patterns, with the increase in roadside emissions as well. It is not possible to effectively predict the impact of the disruption to road networks, travel patterns and air quality in advance, which is why Labour thinks it is important that there should be ongoing public engagement to ensure that impacts are mitigated.
The hon. Gentleman raises another important point—the issue of ongoing engagement with Highways England, local authorities, those who drive, cycle and walk, and also Members of Parliament. That is the case at the moment. HS2 Ltd has provisions in place to ensure that it works with local communities and local council management on local travel plans. It will have to continue to do so through the construction phase.
Question put and agreed to.
Clause 14 accordingly ordered to stand part of the Bill.
Clause 15
Enforcement of restrictions on land use
Question proposed, That the clause stand part of the Bill.
The clause allows the Secretary of State when entering into agreements relating to phase 2a to impose prohibitions or restrictions on the owners of land to bind successors in title as if they were the original party. This is despite the fact that the Secretary of State may not at the time of the agreement own land to be benefited by the prohibition or restriction.
Question put and agreed to.
Clause 15 accordingly ordered to stand part of the Bill.
Clause 16
Compensation for injurious affection
Question proposed, That the clause stand part of the Bill.
The clause provides that the nominated undertaker will be responsible for paying compensation under section 10(1) of the Compulsory Purchase Act 1965, instead of the Secretary of State.
Question put and agreed to.
Clause 16 accordingly ordered to stand part of the Bill.
Clause 17
Deemed planning permission
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss that schedule 17 be the Seventeenth schedule to the Bill.
The clause provides deemed planning permission under part III of the Town and Country Planning Act 1990 for carrying out the works authorised by the Bill. Deemed planning permission is granted only for ancillary works in the Bill where the impact of such work is assessed in the environment statement, or where the development is exempt within the meaning of the environmental impact assessment regulations. Any work outside those parameters would require separate planning permission. Subsection (3) introduces schedule 17, which sets out the conditions of deemed planning permission. That includes the requirement for approval from the relevant local authorities on specific aspects of design and construction to ensure that local impacts are appropriately mitigated in the area—for example, the movement of lorries to and from construction sites.
This is an extremely important issue as it deals with important environmental matters. The schedule addresses salutary points and deals with the conditions of deemed planning permission, as the Minister mentioned. We are concerned about the environmental matters covered, including the impact of dust, soil and road traffic. We are also concerned about how material is taken away from the site, vehicle movements and the impact on historic sites, which we will deal with later. I will return to these matters later today.
The hon. Gentleman once again raises valid points about how we remove material and mitigate any impact on the neighbouring communities, which is what HS2 is doing with its local engagement, as well as by working with local authorities. Planning permission provided by clause 17 is necessary to the construction of the proposed scheme and it provides more clarity to those directly and specially affected by the Bill.
Question put and agreed to.
Clause 17 accordingly ordered to stand part of the Bill.
Schedule 17 agreed to.
Clause 18
Time limit on deemed planning permission
Question proposed, That the clause stand part of the Bill.
The clause sets out, as a condition of deemed planning permission, a time limit of 10 years after Royal Assent within which the authorised works must have commenced. The clause also allows the Secretary of State to extend by regulations the period by which any work must be commenced. Such regulations are to be made by statutory instrument, subject to the negative resolution procedure.
Question put and agreed to.
Clause 18 accordingly ordered to stand part of the Bill.
The clause allows the Secretary of State by regulations to disapply the planning permission granted by the Bill for maintenance or alteration of phase 2a works carried out after a specific date. The clause is intended to relate to works post construction where it would be disproportionate for the HS2 infrastructure operator to have such broad planning permission.
Question put and agreed to.
Clause 19 accordingly ordered to stand part of the Bill.
Clause 20
Development consent
Question proposed, That the clause stand part of the Bill.
The clause makes it clear that development consent under the Planning Act 2008 is not required for the authorised works. That Act provides for the construction of nationally significant infrastructure projects such as HS2 to be authorised by a development consent order. As the Bill will provide the powers and consents required to build and maintain phase 2a, a development consent order is unnecessary.
Question put and agreed to.
Clause 20 accordingly ordered to stand part of the Bill.
Clause 21
Listed buildings and ancient monuments
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss the following:
That schedule 18 be the Eighteenth schedule to the Bill.
That schedule 19 be the Nineteenth schedule to the Bill.
Obviously, listed buildings and ancient monuments are held in high regard nationally. Can the Minister assure us that, in addition to the views of Historic England, English Heritage and the like, the views of local historical groups and community groups will be taken into account before any decisions are made?
The hon. Gentleman raises an important point. Of course local communities want to protect their local heritage sites, and of course we will work with local authorities and Historic England. HS2 Ltd has an extensive community engagement team that works on the ground, and there are also opportunities to petition at the appropriate points in the Bill’s passage.
The listed buildings affected are listed in tables 1 and 2 in schedule 18, and the disapplications or modifications apply only to those buildings. Schedule 19 allows a person authorised by the Historic Buildings and Monuments Commission for England to enter land where there is a scheduled monument to observe or advise on the carrying out of works to ensure the protection of monuments. Similar provisions were included in the Crossrail Act 2008 and the phase 1 Act of 2017.
It is always a cause of dismay when our built heritage is affected by new development. The provisions in the clause are very wide ranging. The Minister could consider better safeguards to further ensure that our country’s built heritage is protected during the construction of this vital national infrastructure project. In particular, perhaps a presumption against demolition could be considered where practical. Indeed, the dismantling and relocation of items of built heritage, where practical, might be presumed a better solution. If that were not possible for the entire building, certainly key features of interest could be dismantled, preserved, salvaged or relocated where appropriate.
On the inspection and observation of works, schedule 18 merely indicates that there will be an opportunity for English Heritage to inspect the works, but there is no obligation on it to do so. That could be tightened by the inclusion of an obligation to ensure that all heritage assets affected are inspected and recorded, including by laser scanning to provide a highly accurate 3D model of any assets that are destroyed as a result of the project. That would be a far better way to safeguard the built heritage of our country as a result of the project.
I concur with my hon. Friend the Member for Glasgow North East. I know he has a deep personal commitment to this issue, as he represents a constituency in which a wonderful historic building suffered serious damage.
We take this issue seriously, and I urge the Government to take great care and look at some specific pieces of heritage that might be affected by the developments, such as the historic mileposts, the 1867 rail building at the important historic rail town of Crewe, and the grade II listed farm houses in the line of the route. It would be ironic if wonderful railway architecture from previous generations was damaged or completely destroyed by the building of HS2. It would be so much better if whatever possible could be preserved for the benefit of future generations. We hope the Government will look further into that and consider possible mitigation.
Once again, important points have been raised that were also made about HS2 and, no doubt, made to the Select Committee. One hon. Member has a particular issue within their constituency, which no doubt we will hear about again today.
Similar provisions were included in the Crossrail Act 2008 and the HS2 phase 1 Act of 2017. All works must be done in accordance with the environmental minimum requirements, and the normal requirements and appropriate consents are always obtained when dealing with listed buildings.
The Secretary of State will have to work with local authorities and Historic England. The Select Committee considered the scheme’s effect on specific historical sites, and the scheme is designed to seek to avoid impacts on culture or heritage. We recognise the importance of such assets to communities locally and nationally. Even though we are trying to build an up-to-date, modern railway line, since I became HS2 Minister, I have been concerned to ensure that we honour historical sites close by and try to mitigate any impacts on them. I am sure that HS2 Ltd will continue to do that.
Question put and agreed to.
Clause 21 accordingly ordered to stand part of the Bill.
Schedules 18 and 19 agreed to.
Clause 22
Burial grounds
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to consider that schedule 20 be the Twentieth schedule to the Bill.
The clause provides for the disapplication of laws concerning burial grounds and human remains. It also introduces schedule 20, which outlines the process that the nominated undertaker must follow in relation to the removal and reburial or cremation of human remains, and the removal and replacement of monuments to the deceased.
The clause disapplies ecclesiastical law for the purpose of constructing phase 2a. It also disapplies the law relating to burial grounds if the remains and any monument to the deceased have been dealt with in accordance with schedule 20. Similar provisions were included in the 2008 and 2017 Acts.
This is obviously a very sensitive aspect of the Bill. We urge the Government to take great care in this matter and, in particular, to allow for more time and effort to be taken to contact the families of deceased people. In this modern age, with well-established genealogy and records of church burials and other burials, we hope more effort could be made to contact the families whose loved ones’ remains are being moved, because this is a sensitive issue for families.
The hon. Gentleman makes an important point. If he has had time to visit Euston, he will have seen the huge amount of work being undertaken to deal with remains, which are all being removed by hand. It is a long process, as it should be. We have not yet identified any known burial grounds that could be affected, but in the course of construction, we could discover previously unknown sites. If that occurs, the clause and its related schedule provide for the appropriate processes to manage the removal and reburial or cremation of human remains, and the removal and replacement of monuments to the deceased.
Where remains are less than 100 years old, schedule 20 requires a notice to be published in the local newspaper and displayed at the burial ground. Relatives have the right to remove and re-inter or cremate the remains at the expense of the nominated undertaker, who must pay reasonable costs. I hope that provides some assurance to the hon. Gentleman that we are taking the issue seriously.
Question put and agreed to.
Clause 22 accordingly ordered to stand part of the Bill.
Schedule 20 agreed to.
I propose revising my grouping, and that we debate clauses 23 to 42, and the associated schedules 21 to 31, together.
You may speak to any clause between clauses 23 and 42, and we will take the decisions at the end, rather than having a speech on each clause and making a decision on it, as we have been doing. This will allow you to make a speech on all of them together.
With this it will be convenient to discuss the following:
Clauses 24 to 27 stand part.
That schedule 21 be the Twenty-first schedule to the Bill.
Clause 28 stand part.
That schedule 22 be the Twenty-second schedule to the Bill.
That schedule 23 be the Twenty-third schedule to the Bill.
Clause 29 stand part.
That schedule 24 be the Twenty-fourth schedule to the Bill.
Clause 30 stand part.
That schedule 25 be the Twenty-fifth schedule to the Bill.
Clause 31 stand part.
That schedule 26 be the Twenty-sixth schedule to the Bill.
Clause 32 stand part.
That schedule 27 be the Twenty-seventh schedule to the Bill.
Clauses 33 to 37 stand part.
That schedule 28 be the Twenty-eighth schedule to the Bill.
Clause 38 stand part.
That schedule 29 be the Twenty-ninth schedule to the Bill.
Clauses 39 and 40 stand part.
That schedule 30 be the Thirtieth schedule to the Bill.
Clauses 41 and 42 stand part.
That schedule 31 be the Thirty-first schedule to the Bill.
Clause 23 provides that works authorised by the Bill may be carried out on consecrated land without being affected by restrictions and obligations imposed by ecclesiastical or other laws. Burial grounds are dealt with separately under clause 22 and schedule 20, which set out how human remains are to be dealt with. The environmental minimum requirements control how the works are to be carried out. Similar provisions were included in the Crossrail Act 2008 and the High Speed Rail (London - West Midlands) Act 2017.
Clause 24 disapplies existing enactments that regulate the use of commons, town or village greens, open spaces or allotments. Similar provisions were included in the 2017 Act.
Clause 25 provides protection for trees subject to tree preservation orders or in conservation areas in relation to works to trees that are required for the purposes of constructing and maintaining phase 2a. Similar provisions were included in the 2008 and 2017 Acts.
Clause 26 allows for the installation and diversion of overhead lines as part of the authorised works, and grants the necessary consent for such works. The clause removes the need for the Secretary of State’s consent under the Electricity Act 1989 where the installation of the line is a work authorised by the Bill and has deemed planning permission under the Bill. Similar provisions were included in the 2017 Act.
Clause 27 introduces schedule 21, which provides for the disapplication of certain legislation relating to water abstraction, impounding and other matters relating to water and drainage. Similar provisions were included in the 2008 and 2017 Acts.
Clause 28 introduces schedules 22 and 23, which make provision for the disapplication of certain legislation relating to buildings and party walls. Schedule 22 provides for the disapplication or modification of various provisions of the Building Act 1984 and building regulations, including provisions on drain repairs and disconnections, the raising of chimneys, the construction of cellars and roofs below subsoil water level, and the control by local authorities of demolition works.
Schedule 23 modifies the Party Wall etc. Act 1996. Among the modifications is an amended process for the resolution of disputes. Clause 29 introduces schedule 24, which disapplies various controls relating to works in or near streets and highways. Similar provisions were included in the 2017 Act. Clause 30 introduces schedule 25, which relates to the granting of permits for the use of heavy commercial vehicles on roads where there are heavy lorry restrictions. Similar provisions were included in the Crossrail Act 2008 and the phase 1 Act.
With this it will be convenient to consider that schedule 32 be the Thirty-second schedule to the Bill.
Clause 43 introduces schedule 32, which protects the interests of statutory undertakers and other bodies who may be affected by other provisions of the Bill. The provisions are similar to those in the Crossrail Act 2008, the Channel Tunnel Rail Link Act 1996 and the High Speed Rail (London - West Midlands) Act 2017. The protective provisions of the schedule cover highways and traffic; electricity, gas, water and sewerage undertakers; electronic communications code networks; land drainage, flood defence, water resources and fisheries; and the Canal & River Trust.
We believe that far more work needs to be carried out by the Government over a range of infrastructure projects to minimise the impact of development of sites, and not least to re-explore the issue of rail enhancement programmes and how rail should be used, wherever possible, to shift goods. That is explored in one of our new clauses.
We know that congestion causes pollution, and we know about its effect on communities and the environment. The Government are willing to carry out some monitoring work, but we would like them to do much more. Are they planning to monitor pollution in detail, and to publish new journey times? Projects such as HS2 have an impact not only on those working on the site, but on the wider population in the area. There should, as has been said, be further work. The Government need to respond to the dilemma, not address it superficially.
Paragraph 13 of schedule 32 deals with issues that I want to highlight concerning pedestrians, cyclists and other modes of transport, and how they cross the line. The schedule is not comprehensive enough, and we have drafted a new clause on the subject. We believe that pedestrians and cyclists should be at the top of the Government’s considerations in infrastructure projects, as the Government have targets for increasing walking and cycling. It would be somewhat ironic if an infrastructure project designed to improve transport withheld other aspects of it. The disruption to this group of highway users should be minimal. Bridges and tunnels can provide crucial access to those who need it, and can bring only greater connectivity to those who will be cut off by the HS2 line. The Government need to take a much closer look at this issue, and to address concerns that we will cover in a new clause.
Paragraph 14 of the schedule deals with the salient issue of highways repairs. We are becoming a pothole nation, as we have mentioned on other occasions in the House. Whether on major highways or smaller lanes, it is vital that proper repairs are made as damage occurs. Obviously, there will be damage in a major infrastructure project during which heavy goods vehicles will thunder down local roads. We want the Government to address that issue, which is of great importance to communities.
The hon. Gentleman raises important points, but most of them are detailed extensively in the environmental statement. My Department and HS2 Ltd have engaged, and will continue to engage, with all those who are worried about their local communities, the environment, congestion and traffic movement. They will all have the opportunity to petition this House and the other place. The clause is necessary to minimise disruption and allow the delivery of the proposed scheme, protects the bodies involved, and enables them to continue to carry out their duties.
Freight has been raised a number of times; I look forward to responding to the new clause on that issue. In anticipation, let me I point out that we are doing what we can to ensure that freight will support the movement of construction materials, whether aggregates or rail cement, during the construction of the railway.
Question put and agreed to.
Clause 43 accordingly ordered to stand part of the Bill.
Schedule 32 agreed to.
We now come to clause 44. I propose revising the grouping, and that we debate clause 44 with clauses 45 to 47. Anybody on the Committee may speak to any of those clauses. Is that acceptable to the Minister?
Clause 44 provides that the undertakings given to the Commonwealth War Graves Commission and the Archbishops’ Council in relation to the powers of the High Speed Rail (London - West Midlands) Act 2017 should apply in the same way to the phase 2a Bill.
Clause 45 enables the Secretary of State to promote a compulsory purchase order if he considers that the construction or operation of phase 2a of HS2 could cause the displacement of an undertaking. The land to be acquired could be used to relocate the undertaking or to provide land in substitution of land displaced. The clause further enables the Secretary of State to promote a compulsory purchase order to acquire land to relocate all or part of an undertaking where, as a result of the exercise of powers under the Bill, the former site is no longer reasonably capable of being used for the undertaking.
Subsections (3) to (6) and (8) provide that the normal process relating to compulsory purchase orders applies. Subsection (7) makes it clear that the Secretary of State can acquire rights or impose restrictive covenants for the benefit of another person, such as the person whose undertaking is being relocated. Subsection (10) amends the equivalent provision of section 49 of the 2017 Act, to make it clear that the Secretary of State can acquire rights or impose restrictive covenants under that section for the benefit of another person, such as the person whose undertaking is being relocated.
Clause 46 allows the nominated undertaker to carry out reinstatement works within the Bill’s limits on a property, including a business or facility, that has been discontinued or substantially impaired in whole or in part, following the exercise of any power under the Bill. This clause aims to assist those affected by the construction of HS2, by providing an efficient mechanism for moving properties such as businesses, and reducing the requirement for extinguishment.
Clause 47 allows the Secretary of State to direct that the deemed planning permission under clause 17(1) does not apply in relation to particular reinstatement works. That relates to works outside of the scope of the Bill, to which it would be inappropriate to apply deemed planning permission.
Clause 48 enables the Secretary of State to ensure that, following the construction of the scheme, he may impose conditions on land released where such land contains environmental mitigation for HS2. This is to ensure the maintenance of mitigation measures; upgrades to the mitigation, if required; and prohibition on uses of the land where such uses would detrimentally affect the measures in place. The clause binds successors in title into any covenant agreed with previous landowners. The Secretary of State or an authorised person may enforce the agreement.
This is an important clause, particularly the mitigating provision in subsection (2), which proposes planting trees and shrubs to replace habitat where work has been carried out. I cannot stress enough how important it is to get this right. We need to ensure that biodiversity needs are addressed with the right solutions. The proposal to replace trees with native species is positive, but we need to ensure that those species fit with the local environment, that there is proper biodiversity and that habitats are protected in line with local ecology.
As well as planting trees and shrubs, we need to ensure that they are in the right places so that, for example, they mitigate flooding and enhance the natural environment. New plantations should be open to the public where possible and we should seek to create environments that encourage biodiversity, so features such as natural watercourses should be used to their advantage.
The end of the route passes through the salt marshes south of Crewe. That is an unusual habitat and a special site in the country, so that should be taken into account in the preservation of the natural environment.
The hon. Gentleman raises an important point to consider when undertaking such a large construction project. We are working with all stakeholders he would hope we would work with, including the Woodland Trust, to ensure that we not only replace trees but plant them in the most appropriate places, and to mitigate as much as possible the impact on the environment. The substantial environmental statement covered most of those issues.
Question put and agreed to.
Clause 48 accordingly ordered to stand part of the Bill.
Clause 49
Power to apply Act to further high speed rail works
Question proposed, That the clause stand part of the Bill.
Clause 49 allows the use of an order under the Transport and Works Act 1992—a TWA order—to gain the necessary provisions for extensions or additional works relating to phase 2a of HS2 beyond the works outlined in the Bill. This relates to relatively minor transport works, such as an additional track to connect rail sidings. This power would not be used to promote future phases of HS2, which would be subject to the hybrid Bill process.
A TWA order cannot apply the provisions of the Bill that enable the Secretary of State to extend the time limit for the exercise of compulsory purchase powers—as referenced in clause 9(2) and schedule 13—or the provisions relating to listed buildings or ancient monuments, as referenced in schedules 18 and 19.
Clause 50 permits the authorised works to be carried out by the nominated undertaker on Crown land, or Crown land to be entered, with the consent of the relevant Crown authority.
Clause 51 provides that the powers conferred on the nominated undertaker with respect to works may be exercised in relation to roads under the responsibility of the Secretary of State, subject to his agreement. Subsection (2) states that the Secretary of State can impose conditions in such an agreement.
Clause 52 disapplies provisions of the Crown Estate Act 1961 that contain limitations on the powers of disposal of Crown Estate Commissioners. Those limitations are removed for Crown Estate land within the Bill limits that appears to the Crown Estate Commissioners to be required for phase 2a purposes.
Clause 53 makes provision for the terms “deposited plans” and “deposited sections” for the purposes of the Bill. Clause 54 contains provisions for correcting the plans that have been deposited in Parliament with this Bill, should that be required, and there are similar provisions in the Crossrail Act 2008, the Channel Tunnel Rail Link Act 1996, and the High Speed Rail (London - West Midlands) Act 2017.
Clause 55 provides that where a building that does not form part of the phase 2a works authorised by the Bill is built to replace a building demolished, or substantially demolished, under the Bill, the planning application for that replacement building must be accompanied by an environmental assessment where the construction of the replacement building is likely to have significant effects on the environment. The clause also amends environmental impact assessment regulations, to ensure that they work properly in relation to development authorised by the Bill.
Clause 56 sets out how disputes, which are to be determined under the Bill by arbitration, are dealt with. Similar provisions were included in the Crossrail Act 2008 and the High Speed Rail (London - West Midlands) Act 2017. Clause 57 relates to serving notices or other documents on any person where that is required or authorised under the Bill. The clause allows a document to be served by email or other electronic means where the recipient has agreed to the electronic means of service. Clause 58 allows landowners to resume their former use of land which has been used temporarily for the purposes of HS2, without having to make a further application for planning permission. Clause 59 defines the phrase “Phase 2a purposes” as used in the Bill, and clause 60 defines various terms used throughout the Bill.
Question put and agreed to.
Clause 49 accordingly ordered to stand part of the Bill.
Clauses 50 to 60 ordered to stand part of the Bill.
Clause 61
Financial Provision
Question put, That the clause stand part of the Bill.
The Minister has addressed some of these issues, but it is vital to get this right. HS2 will allow for more reliable rail services. The current Secretary of State has plunged punctuality on the railways to a new depth—a 13-year low—and we must get on top of that issue. This is a tremendous opportunity to improve connectivity, and it is vital to get urban-to-urban connectivity within the country. We are committed to delivering a transformative package of investment across the rail network in the north of England, backed by a commitment of at least £10 billion to transform connections between major northern cities. The Government have touted similar plans, sometimes described as Northern Powerhouse Rail or HS3, but there is no commitment to the funding—it is interesting that the Minister used that point to address the financial side of the programme.
Any incoming Labour Government would rescope the project to seriously reduce costs and provide far better integration. Furthermore, there is concern over the accountability and the ability of our colleagues in this House to scrutinise HS2, ensure that costs are kept under control, and address the issue of public trust. We believe there is the potential to reduce the cost of HS2 by using a number of other technical measures—I will not address those in detail now—and the operation of HS2 is also contentious. Billions of pounds of taxpayers’ money is being invested in HS2, and it is right that revenues go back to the Exchequer and not into the hands of private train operating companies. HS2 should be run in the public sector as a public service. I will return to some of those points later in relation to the new clauses.
The Government have been somewhat inept in handling another specific aspect. HS2 has been rightly criticised for sometimes failing to provide value for public money. For example, the Public Accounts Committee described an unauthorised redundancy bill of £1.76 million as
“a shocking waste of taxpayers’ money”,
blaming it on
“weak internal processes at HS2”,
and there have been other concerns about the project.
I thank my hon. Friend for his intervention and particularly for pointing out the importance of the supply chain. I will add that the value of apprenticeships, degree qualifications and other opportunities for young people linked to the programme should be first and foremost in the Government’s mind when they come to look at the supply chain.
Returning briefly to clause 61, essentially it says that there is potential for uncapped Government expenditure, leaving open the possibility of no upper limit on the costs of HS2. Will the Minister update the Committee on the latest cost estimate, and does she believe that the project will be delivered at cost?
I remind the hon. Gentleman that we are here to scrutinise the Bill line by line, but I welcome the opportunity to remind everybody of the importance of HS2. Of course, it is a crucial project, linking eight of our 10 greatest cities. Supportive comments have been made recently by everybody involved, including the Mayors of Manchester and Liverpool and the leader of Leeds City Council, who have been watching very closely. They are northern, locally elected leaders who are waiting for HS2 to roll through their communities, because they fully understand not only that, at its peak, it will provide work for 30,000 people—most of those jobs being outside London—but its value for money and how it will smash the north-south divide, encourage our communities to come even closer together and force investment in rail infrastructure in the north of England for more than 100 years. This is a key infrastructure, social and economic project for our country.
The Minister notes that there is an opportunity to close the north-south divide, but the project’s scope does not include extending the infrastructure to Scotland, to include Glasgow, Britain’s third-largest city. That is critical to the success of this project, and I hope that in the next phase of the HS2 programme the Minister will consider extending the railway all the way to Glasgow, because although Glasgow will benefit from reduced journey times to and from London, the journey times to and from Manchester will actually increase, which is detrimental to the Glaswegian economy.
I look forward to joining the hon. Gentleman in the Committee and the Chamber, and I welcome his support for the next phase, but let us deal with this Bill in these few short sittings.
We know that this project creates jobs and supports apprenticeships. There are already 2,000 businesses in the chain, and two colleges are supporting it. I do not want to move too far away from the clause, but a valid argument was made about the rest of the Government’s investment in the north. We know that Northern Powerhouse Rail is based on HS2 infrastructure, which is why this Bill, these clauses and this line are so important. We are investing more than £2.5 billion in a rolling programme to upgrade the railway between Manchester, Leeds and York, and the great north rail project is investing more than £1 billion by 2022. I have never seen HS2 as an either/or project; we need to do both. This is a great investment in the north of our country. There is no upper limit. There is just one budget, which is the budget that HS2 must hold itself to. It must also hold itself to the schedules.
Question put and agreed to.
Clause 61 accordingly ordered to stand part of the Bill.
Clause 62
Commencement and short title
Question proposed, That the clause stand part of the Bill.
The clause is the standard clause that appears in Bills. The provisions of the Bill will come into force upon Royal Assent.
Question put and agreed to.
Clause 62 accordingly ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Michelle Donelan.)
(5 years, 1 month ago)
Public Bill CommitteesThis text is a record of ministerial contributions to a debate held as part of the High Speed Rail (West Midlands - Crewe) Bill 2017-19 to 2019-21 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Mr Davies. I do not see a need for the new clause. The environmental statements already report the likely significant effects of phase 2a on trees and woodland habitats, including on ancient and veteran trees and ancient woodland. They also set out the proposed mitigation and compensation for the likely effects of the railway. HS2 Ltd has published an ancient woodland strategy for the scheme that sets out the expected losses of ancient woodland habitat and the range of compensation measures proposed in response to those losses. We have made assurances to organisations such as the Woodland Trust about the protection of woodland and ancient trees.
Furthermore, I attend quarterly ministerial roundtable meetings with the environmental agencies to ensure that HS2 Ltd has its feet held to the fire on this important issue. Very little will have changed between the environmental information that has already been provided and the environmental information that will be published one year after Royal Assent.
Following extensive engagement with the Woodland Trust, HS2 Ltd was able to offer a number of assurances on woodland and ancient trees. It committed to retaining Noddy’s oak near Stockwell Heath in Staffordshire, along with five other veteran trees. The environmental minimum requirements for phase 2a include a key requirement that the nominated undertaker must use reasonable endeavours to adopt mitigation measures that will further reduce any adverse environmental impacts caused by phase 2a.
We will of course continue to engage with relevant stakeholders and interested parties through the national environment forum and through the environmental health sub-group of the phase 2a planning forum. I reiterate that the new clause should be withdrawn.
I appreciate that the hon. Member for Reading East is stepping in for his colleague, and valiantly so. The idea is to make your speech when moving the new clause, but all is not lost—if he wants to speak to the new clause now, he is very welcome to do so.
That is very generous and gracious of you, Mr Davies. I am sorry if I misunderstood the process while I am standing in for my colleague.
I appreciate that the Minister has taken some time to come back with the Government’s response, but it is worth highlighting some of those points in a little more detail because of the importance of wildlife. As we discussed this morning, it would be somewhat ironic if a positive and pro-environmental measure such as high-speed rail was inadvertently to damage habitats and the Government were unable to respond fully to those concerns.
From the previous stages of HS2, a number of issues have caused serious concern to residents, communities and the public more widely. Although the Bill itself clearly shows a response to some of those elements, it is not as comprehensive as it needs to be. That is why I am seeking a reassessment by the Government through the new clauses.
New clause 1 would require the Government to produce a report on how any actions by HS2 will impact on the natural environment—wildlife, birds and trees. The report could be laid before the Select Committee considering petitions on the potential threats to the natural environment. We have scrutinised the Bill to see whether there is a lack of clarity, and we have tabled the new clause to address that.
By bringing forth a report to be laid before Parliament, the Government would ensure greater focus and scrutiny of the HS2 project. The new clause calls for the report to be laid within a year of the passage of the Bill, which also means there is time for the Government to develop a greater scrutiny role over HS2 Ltd, which is obviously a separate company, and to ensure that it changes its practices and is prepared to give an answer to the House if hon. Members decide that it should do so.
Labour Members have serious concern about the impact of HS2 on the natural environment, as we have discussed a number of times, including this morning, whether on birds nesting, animals burrowing, or indeed the trees themselves. I know from previous debates and questions, which have been asked by Members from all parties, that this issue has been reported on a number of times. However, the approach, behaviour and actions of HS2 Ltd to date have demonstrated why it was crucial to table the new clause.
There have also been reports that HS2 Ltd is using the practice of netting bushes—it has been widely covered in the media in recent months—which clearly can cause real distress to animals, and especially birds, which breach the netting but can then become trapped. We call for the practice to cease. The company should instead seek to remove bushes and hedgerows at a time of year when birds are not nesting—this obviously relates to existing legislation and good practice. There is plenty of time in advance of these major works to reschedule them, to be far more sensitive to the rhythms of nature and, as a result, to do more on this front.
Likewise, it has been drawn to our attention that trees have been felled in the nesting season during the course of the programme. That is completely inappropriate, as it risks eggs, and indeed whole nests, falling to the ground. It is therefore vital that there are further restrictions on HS2, such that it schedules this work outside the nesting season. Although the Bill highlights that HS2 Ltd should follow the best examples of working with nature, including management of trees, in the first phase of the project the company has failed to live up to that. There are examples of felling taking place in the nesting season, and this practice should be halted immediately for phase 1 of the route. However, we also believe that the practice should change for phases 2a and 2b.
We believe that the Government have a responsibility to ensure that they take a more environmentally friendly approach to the project, especially in areas where the project is failing. The Government state that they will simply mitigate habitat loss with the plantation of additional new habitat in future, but that does not go far enough. On a number of occasions the Government have pledged to leave the environment better than they found it, as we all know. However, with destructive and unnecessary actions, such as netting and felling, especially at the wrong time of year, the Government’s pledge is obviously just empty rhetoric.
Labour Members know that conservation is very important to the public. It has an impact on farming and on ensuring that the richness of nature can be enjoyed by all, and we are strongly committed to improving the environment. In that regard, we believe that the Government have to be far more accountable for the actions of HS2 Ltd, especially as the company is at the early stages of a very large programme that will affect significant parts of the country.
By ensuring that the Government must produce a report, the new clause also seeks to provide the Government with a responsibility to set out how they will mitigate the actions that are being taken. I will provide a few examples. Although not common practice, can trees be excavated and moved, especially with a focus on the 27 veteran trees that line the phase 2a route? What wildlife corridors will be built during the construction of HS2 to allow small mammals, other animals and birds to move away from the construction zone? The Bill is silent on that, yet we know that wildlife, whether birds or animals, needs clear corridors that support the wider existence of species. To disrupt those corridors without taking steps to provide alternatives is negligent, yet the Bill is silent on that.
By calling for the Government to be accountable to Parliament on these issues, we will build confidence among MPs and residents that the Government are undertaking due diligence on these important factors, which, I am afraid to say, they have failed to demonstrate to date. It is worth adding that if our new clause is agreed, HS2 Ltd would be more accountable to the House, which I am sure we would all wish to see.
Section (2)(a) focuses on ancient woodlands, especially the points that will not form the actual HS2 route but will be used during construction, as we discussed this morning. The new clause calls for additional consideration to be made to ensure that trees are protected in these areas, since there is more latitude to avoid felling so many trees and removing so much of the natural environment. We believe that the Government, with HS2 Ltd, should ensure that any construction route and the site itself minimises the destruction of natural habitats and, where alternatives can be found, they must be found, including reducing the size of the construction sites to an absolute minimum.
I am sure that the Minister will understand Labour’s concerns, which have also been stressed during the petitions stage of the Bill. Although I know that different tunnelling arrangements were scrutinised at the petitions stage—Labour would seriously consider this, especially around Whitmore—we understand that the majority on the Select Committee determined that the costs would be prohibitive and therefore there is already a far greater cost to our natural environment to be paid. This was agreed at petitions stage.
Labour would approach this project differently. However, I am sure that the Minister will understand why I have brought forward the new clause and why we believe, sadly, that she is not doing enough to mitigate the harm that the Government’s approach to HS2 will cause to the natural environment.
I accept the hon. Gentleman’s comments about ensuring that we have complete confidence in the project along its entire route. I agree that wildlife is important, as are trees and ancient trees. However, all his points are covered by the environmental statement, which, at 11,000 pages, is incredibly extensive. That is why I do not believe that we need another layer of reporting on a statement that is already out there. The environmental statement has been scrutinised independently and by the Select Committee, which has made its own decisions.
We have committed in our response to the Select Committee’s third special report that, in order to protect birds, we will provide bird diverters on new power lines near Parkgate, working with the West Midlands Bird Club. We continue to work with the environmental roundtable on these important issues. The Bill has taken into account the effect on wildlife, especially rare and protected species. A balance has to be struck between taking individual landowner’s property and providing land for mitigation.
I remind the hon. Gentleman that all the issues he has raised are already in the 11,000-page document. For that reason, I believe that he should withdraw the new clause.
I am grateful to the Minister for giving such a detailed reply and for the work on the bird diverters, which is a step forward. I appreciate that some work has been done on this already. However, on the points that we have made and on the new clause, I would like to press this to a vote.
Question put, That the clause be read a Second time.
I beg to move, That the clause be read a Second time.
Opposition Members believe that there has been a serious modal shift in how we use freight in developments. We continually hear the Government talk about modal shift in transport, but there is no mention in the Bill of how to ensure that. For Committee members who are not familiar with this transport terminology, modal shift means a shift from one mode of transport to another, such as from road to rail. Labour does not stand in the way of development but seeks to mitigate its impact, which is why we tabled the new clause.
Rail can be the main driver of change. In the light of all construction sites’ heavy dependency on heavy goods vehicles, and from discussions that my colleagues and I have had with Network Rail and others, we know that rail freight can be better utilised, and it is important to demonstrate that on such an important infrastructure project as HS2. Rail lines will be laid, and it is important, wherever possible throughout the Bill, to utilise rail for the movement of aggregates and materials. We are talking about a major rail infrastructure project, so the logic that rail should supply aggregates and minerals should certainly be considered. There will clearly be no lines at the commencement of the project, but over time the opportunity will arise.
Likewise, it is more sustainable for HS2 to source and move aggregates and material as far as possible by rail, and to use HGVs only for the final part of a journey. Equally, sourcing materials and aggregates as close as possible to the development site would also reduce the expected carbon emissions. Such an approach would also reduce congestion and lessen the impact on air pollution in the local vicinity. That demonstrates good practice in what can be achieved on such a major infrastructure project and can form the basis for a change of approach by the Government when undertaking such major works across the country.
Likewise, materials should remain on the site, or as close as possible to the site, to minimise transport movements. Laying a report before Parliament within a year of the Bill’s passage would provide ample opportunity for HS2 Ltd to work with the Government to establish better construction practices.
We recognise the impact that numerous road traffic movements have on local communities. As such, the promoter has proposed numerous highway works and temporary construction haul routes to alleviate that number. The Secretary of State has also given commitments relating to the implementation of these alleviating works and to restricting the use of certain roads for HGV movements. Equally, the strategies for reusing materials to reduce the volume of aggregate necessary to be moved are under continual review. The promoter published its borrow pit review, which outlines the severe reduction in necessary vehicle movements that backfilling and reusing of spoil takes off the road network.
The new clause is not needed. The environmental statement assumes and allows for the delivery of materials, plant and other equipment to construction compounds on the traditional rail network. It contains the working assumption that:
“Wherever reasonably practicable, the rail network will be used in preference to public roads.”
All traffic modelling has included that assumption. In this way, the environmental statement reports to Parliament our preference for transporting the goods, as outlined in the new clause, by rail rather than road. We have already assessed that there is a benefit in transporting all this material by rail, rather than road, and will seek to do that as far as possible. As with the previous new clause, virtually nothing will have changed between the publication of the environmental information and one year post Royal Assent. That is precisely what we have done on the borrow pits of phase 2a, to reduce the distance that aggregates have to travel. We have also put forward a proposed line of route to further reduce lorry movements. The new clause is therefore not needed and should be withdrawn.
I am grateful to the Minister for highlighting that commitment on the sourcing of aggregates. That is a helpful step forward, given the significant volumes of aggregates that are needed. The Government have once again talked a good game, but we would prefer to have further scrutiny of this important issue. I therefore wish to press the new clause to a vote.
Question put, That the clause be read a Second time.
I beg to move, That the clause be read a Second time.
I thank my hon. Friends the Members for Ipswich (Sandy Martin) and for East Lothian (Martin Whitfield), who attended the petitions hearings of the Select Committee on the High Speed Rail (West Midlands - Crewe) Bill as members of that Committee, and who shared with our shadow Transport team their concerns about how this route will affect active travel. As shadow Minister with responsibility for active travel—walking and cycling—I share those concerns, which is why we tabled the new clause.
It is inevitable that major construction projects will cause an element of disruption to journeys, and inconvenience to cyclists and, to an even greater extent, walkers, but diversions can have a real impact. If a car has to divert for a few miles to cross the HS2 construction site or the final HS2 line, that will add to its journey and its carbon footprint. If a cyclist does the same, it could add considerable time to their journey. It is worse for pedestrians; it could result in hours of extra time.
We tabled the new clause because we need to encourage active travel much more in this country; as was said, the Government are not meeting their targets for it. They have far more to do in this area. The new clause asks the Government to consider the factors further, and to report to Parliament within a year of the Bill’s passing into law. Subsection (2) highlights the need to have regard to not only routes that traverse the rail line, but those that run adjacent to it, which could also be affected. The Government missed a significant opportunity in failing to create a cycle path along the HS2 route. In many continental countries, major roads and rail lines have cycle paths parallel to them; once there is access to the land, it is an obvious choice to make.
Cycle routes are increasingly popular; they are the most direct route, away from car and lorry use. A segregated north-south cycle route adjacent to the line, but obviously some distance away from the line’s boundary, would have been an important legacy of the HS2 project. There would have been very little extra cost, in the light of the scale of this enormous construction project. Again, we ask the Government to show more concern for walkers and cyclists by considering the issue and reporting back to Parliament within a year of the enactment of the Bill.
Contrary to what the new clause suggests, I do not agree that we have not looked into or provided for non-motorised use. Let me give the hon. Gentleman some examples. On the particular part of HS2 that we are here to scrutinise, we have offered assurances to Cycling UK that some footpaths will be made more suitable for people who cycle or ride horses, so that local users of those public rights of way can seek, through the appropriate local planning process, to have those upgraded routes redesigned.
Yesterday, in response to the Transport Committee’s third special report on the Bill, we committed to working with Colwich parish council as it seeks funding from the recently announced £21 million Sustrans fund, and from funds that I announced last year. Phase 2a’s own £5 million community engagement fund and business and local economy fund are also available to improve towpaths, which will improve local walking and cycling facilities. I also announced the £6.5 million road safety fund, which provides even more money to support local initiatives for cycling and walking and for other non-motorised users.
Once again, I refer back to the environmental statement, because it covers most of the points raised. The report focuses on the impact of construction operations on cycling and walking. We have looked into the potential disruption in great detail in every area where it will occur along the phase 2a route. We have reported the likely effects and the proposed steps to mitigate those effects in the environmental statement. I refer the hon. Gentleman in particular to the community area report in that statement, which goes into detail on each part of the route. In that assessment, we included the likely effects on other non-motorised users of public rights of ways, such as horse riders, as is appropriate for works in a rural area, and steps for their mitigation.
There is a report, mitigations are taking place and there is engagement with local communities. The new clause is not needed and should be withdrawn.
I appreciate the Minister coming back on this issue. However, yet again the scale of ambition is very limited, and there is arguably far too little mitigation. A cycle path along the length of the HS2 route would have been a huge enhancement for the country at a time when we are failing to meet our cycling and walking targets; not having that shows a lack of ambition. I will press the new clause to a vote.
Question put, That the clause be read a Second time.
The hon. Gentleman raises a very important point, and it is vital that HS2 engages fully with residents and deals with them swiftly, clearly and with humility. As this is such a sensitive issue, and no doubt many people will focus on it, I will take a moment or two to respond.
Most types of tenants affected by the scheme are already provided for under current compensation law. Where they are not, the Government can use flexible, non-statutory arrangements to provide support. Where the law is silent, the Government have committed to taking forward appropriate measures in discussion with stakeholders and residents, should it be necessary to do so. Matters of tenant compensation are complex, because they depend on an individual’s tenancy arrangements. However, I will endeavour to summarise briefly the support that is available. I will outline the legal position, the comprehensive non-statutory schemes that the Government have developed to assist property owners who are affected by HS2, and the work that the Government are taking forward following parliamentary scrutiny of high-speed rail hybrid Bills.
The elements of compensation payable are set by the Ministry of Housing, Communities and Local Government, and apply to all Government-led infrastructure projects, including HS2. The HS2 scheme applies these arrangements, which have been debated, agreed and set by Parliament, together with the vast body of case law on the subject. Compensation is based on the principle of financial equivalence: the person affected should be financially compensated with no less and no more than what they have lost. Compensation due to tenants is therefore commensurate with their interests and the land they occupy; for example, if a private tenant property is subject to compulsory purchase, the tenant should be eligible for various heads of claim that comprise the market value of the leasehold interest in the land. They might also be eligible for a home loss payment for the loss of their home, and for reasonable moving costs.
The key part of the non-statutory arrangements is a consideration of atypical properties and special circumstances. These are established, funded arrangements that apply to tenants as well as property owners. I am pleased to say that in response to concerns raised by the phase 2a Commons Committee, the Government have committed to improving guidance on those atypical arrangements and raising awareness and accessibility, so that we can continue to provide the right support at the right time to people who need to use them. The Government have also been charged with developing a non-statutory prolonged disruption scheme in response to the phase 1 Lords Committee’s concerns on this subject. The Government intend shortly to release details of the scheme, which will assist residents who have different types of tenure, and who are affected by significant construction noise across the HS2 route.
Finally, in response to concerns raised by the phase 2a Commons Committee, the Government have committed to taking forward three strands of work on compensation for owners of houseboats and other types of moveable home. The first is to explore whether there is a case for bringing houseboats into line with caravans on statutory home loss payment entitlement. The second is to establish whether there is a case for introducing regulations to compensate houseboat residents who are affected by significant noise disturbance from rail works. The third is to explore the potential use of non-statutory compensation measures in advance of legislation being introduced, should the case for change be established. The Government are committed to taking forward appropriate measures in discussion with stakeholders and affected residents.
In conclusion, I believe the Government’s established non-statutory arrangements, which are as broad and inclusive as possible, are an appropriate and flexible tool to support all types of residents affected by the HS2 scheme. That is why I believe the proposed new clause is unnecessary, and I would urge the hon. Gentleman to withdraw it.
I thank the Minister for her response, and for mentioning the legal principles of the compensation scheme. As she said, however, the Government’s response is still a work in progress. For that reason, and because of the serious public concern about rented properties, I will press the new clause to a vote.
Question put, That the clause be read a Second time.
I beg to move, That the clause be read a Second time.
The new clause follows an inquiry at the petitions stage of the Bill that there was no remit to consider at that stage. Hon. Members will have heard that the kind of tracking used can have a significant impact on cost, including long-term maintenance costs, and the noise of the railway. It also has an impact on the speed at which trains travel. As the route has been singled out as providing high-speed rail travel, it is right that the Government work with engineers on the issue.
Although using slabs on the rail line is believed to be more expensive initially, it could prove much more efficient in the long term than using sleepers because it is low-maintenance. Across Europe and beyond, modern railway infrastructure projects are changing, and it is common for slab track to be preferred to sleepers. This short new clause asks the Government to assess the cost, efficiency and impact of that approach.
I do not see the need for the new clause. Again, the environmental statement assesses a reasonable worst case for the impacts of construction and operation of the railway. That includes so-called slab track, and track laid on ballast, or sleeper track. To comply with the environmental minimum requirements, the type of track used must be within the reasonable worst-case impact assessed in the environmental statement.
HS2 is one of the most scrutinised pieces of legislation to pass through the House—it even has its own Select Committee—and there are several other opportunities throughout the year for an inquiry to take place. There is constant reporting to Parliament and justifications for why decisions are taken. Reporting to Parliament obviously matters, and it takes place, but constant discussions about cost add another layer of financial burden and bureaucracy when the reports are already in place. The new clause is not needed and should be withdrawn.
I appreciate the Minister’s response. We will not press the new clause to a vote, so I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 6
Quarterly reports on environmental impact, costs and progress
‘(1) The Secretary of State must publish quarterly reports on the scheduled works throughout the period in which those works take place.
(2) Each such report must contain an assessment of—
(a) environmental impact;
(b) costs; and
(c) progress compared to the scheduled timetable.
(3) The first such report must be laid before Parliament within the period ending three months after the day the scheduled works commence.
(4) Each subsequent report must be laid before Parliament within three months of the publication of the last report under this section.’—(Matt Rodda.)
Brought up, and read the First time.
That was such a wide-ranging speech that I fear it fell out of the scope of the line-by-line scrutiny of this Bill. However, I will do my best to address as many of the issues as possible. It was slightly difficult to follow the hon. Member for Reading East, because on the one hand he says that he supports the project, but on the other he wants to throw everything into the basket to undermine it. He asserted that the costs keep rising, but that simply is not the case. The total funding envelope for HS2 remains at £55.7 billion in 2015 prices. The Department is keeping a firm grip on costs, and HS2 Ltd is working with its supply chain to ensure that that continues. I advise the hon. Gentleman that if he wants to ensure that costs are kept low, undermining the project and the supply chain is not the way to go about it.
The hon. Gentleman spoke about ensuring value for money. We will make a full business case, including assessment at the point of notice to proceed. That will also ensure that we are fully integrated, taking into account the needs of Northern Powerhouse Rail. [Interruption.]
I return to highlighting how important this line is and the fact that it has to adhere to a single budget. Of course, without HS2 there would not be Northern Powerhouse Rail, because it requires the infrastructure for HS2.
Before I address some of the issues raised about climate change, I remind the hon. Member for Reading East that travelling by rail is the most efficient way to travel. It is a good form of transport because it means that passengers do not fill up lots of cars on the motorway or take flight. The hon. Gentleman threw down the gauntlet on a number of issues relating to carbon impacts; he gave me the right to reply in writing, but I may have the answers in front of me, so I will do my best to respond.
Compared with most other transport modes, high-speed rail offers some of the lowest carbon emissions per passenger kilometre, significantly less than cars and planes. As an annual average, the scheme’s carbon footprint over the course of the construction period will represent less than 1% of the UK’s annual construction carbon footprint. The scheme is expected to save 419,000 tonnes of carbon dioxide emissions through modal shift in transport—that was a very good term that the hon. Gentleman used—with approximately 364,000 tonnes saved as a result of road, rail and domestic air passengers switching to high-speed rail, and 55,000 tonnes saved as a result of road freight moving on to existing rail lines due to released capacity from the scheme. Over the 120-year design life of the scheme, the net carbon emission reduction from modal shift is estimated at minus 307,000 tonnes.
The Minister makes an important point about the benefits of modal shift. It is important that we have a national aspiration to integrate all the United Kingdom’s core cities with high-speed rail networks, and this is a significant step in that direction. However, on a good day, flying from Glasgow to London takes me three hours from door to door. It is clear that even with these improvements, the journey from Glasgow to London by rail will still take three hours and 40 minutes. It needs to be below three hours. What will the Minister do to advance that national objective?
There will be a reduced journey time on high-speed rail, which will open up capacity on existing railway lines. It will also shift people from roads or flights to rail, which is incredibly important. We will continue to invest north of London. This is just one way of ensuring that the journey becomes far more integrated, but I know that the hon. Gentleman would like it to become even faster. Considering that it has taken us so long to get high-speed rail up and running, who knows what will come in the next iteration? However, I do take his point.
Let me return to the important point about skills that the hon. Member for Reading East raised. At present, there are 9,000 people working on high-speed rail, with more than 2,000 businesses already involved in the chain. The hon. Gentleman raised an important point about how we will reach the 30,000 people who will be required to build the railway; that is why we have two colleges set up to improve the technical and academic skills of people working on the railway line, from design to construction.
Having made all those arguments, I really do not understand the need for new clause 6. The issue of quarterly reporting has been raised, but HS2 Ltd already provides annual reports to Parliament, as required by the DFT-HS2 Ltd framework document. I believe that that level of reporting is proportionate and sufficient. The project is bound not to exceed the likely significant environmental effects assessed for the scheme, as reported to Parliament. As part of HS2 Ltd’s sustainability policy, an environmental management system will be developed that will set out the procedure to plan and monitor compliance with environmental legislation; the record-keeping arrangements, including reports to my Department; and the procedures that will be put in place to monitor compliance with the Bill’s environmental provisions.
There is so much scrutiny and accountability that separate quarterly reporting would be excessive and burdensome to the Department. There are already reports out there; if the 11,000-page report were read fully, I believe it would answer a number of the questions that have been raised so far. I do not believe that there is any need for the new clause. It should be withdrawn.
It is interesting to listen to a Minister trying to justify providing a lack of information to Parliament. For a programme of this scale—it is utterly huge and encompasses not only the Department for Transport, but many other parts of the public sector and a large supply chain—internal reports will obviously be produced much more regularly than the annual report that the Minister described. Given the scale of the programme, the significant investment of public money and the need for the Executive to be held to account by Parliament so that the public can see that their money is being spent well, surely it is only common sense to make the reporting public on a quarterly basis.
Separate evidence will be available internally. I am sure that people at HS2 will produce thousands of Gantt charts and other forms of reporting for internal and departmental use; having worked as a civil servant on much smaller programmes, I am sure that that information is there. Surely it is incumbent on the Government to provide Parliament with a much more regular update so that it can properly scrutinise spending such large amounts of public money.
On the point about the environment, I am grateful for the Minister’s lovely commercial for rail travel, which I fully support. We absolutely value investment in high-speed rail, which the Labour party sees as a huge step forward for the country, but the Minister only partially addressed the specific point about the amount of carbon produced during the construction stages. Will she write to the shadow Rail Minister, my hon. Friend the Member for York Central (Rachael Maskell), to provide more detailed points about the specifics of the carbon produced during the construction period? The use of heavy goods vehicles—particularly if road freight is used, as we discussed earlier—and of aggregates and other materials can be carbon intensive. It would be wise to consider ways of reducing that carbon impact as the programme is rolled forward.
On the final point about skills, we fully support the investment in the two colleges. That is an important part of developing a skilled workforce in the areas the line crosses. However, we ask the Government to carry out more forward planning and to consider this as an even greater opportunity to develop a highly skilled workforce for the future, given the scale of the programme and the geographical spread of the line, particularly as it runs through many relatively disadvantaged communities, whether they be isolated rural communities with limited local employment or urban city centres. On that basis, we call for a Division on this new clause.
Question put, That the clause be read a Second time.
The hon. Gentleman raised some important points. I agree with him that we need strong community engagement and good public engagement, and that the response has to be flexible and responsive.
Let me remind the hon. Gentleman what HS2 is actually doing. This was one of the trickiest parts of my brief when I took over as Minister for HS2, because I wanted to ensure that HS2’s community engagement was on point, especially as further and deeper construction work takes place. The commitment to public engagement is evidenced by the community engagement strategy and the biannual community engagement progress report. For example, in 2018 more than 36,000 people attended over 2,200 engagement activities, including meetings, drop-ins and events across the whole of the HS2 route. The 24/7 help desk dealt with 26,697 inquiries, and nine out of 10 complaints were dealt with within 20 working days or fewer. I constantly put pressure on HS2 Ltd to ensure that it is working as effectively and with as much humility as possible.
Further, as a Minister I have secured meetings in Parliament between Members and HS2, sometimes with constituents. The hon. Gentleman may not be aware of this, so I put on the record that there is an independent construction commissioner and residents’ commissioner. The residents’ commissioner also gave evidence to the Select Committee. A substantial amount of public engagement is already taking place. That must continue and be of good quality. There must be speedy responses to the public’s concerns, in a way that they can understand and digest, given the level of engagement already taking place and the fact that the Secretary of State has made a number of commitments to continue to engage with all stakeholders. All of that information can be found on the HS2 website. It is published online, as is the register of undertakings and assurances.
Of course, we should never take anything for granted and HS2 Ltd should continue to work as closely as possible with the communities that require further assurance or changes in lifestyle. It needs to work with them as efficiently as it can. Considering all the work that is already taking place and will take place, I believe that the new clause is unnecessary and should be withdrawn.
I am grateful to the Minister for running through the existing engagement strategy and, indeed, the volume of correspondence and engagement that has taken place. However, it is somewhat disappointing that the Government are still not pursuing this through regulations and are not putting it on a statutory footing. We will therefore press the new clause to a vote.
Question put, That the clause be read a Second time.
(4 years, 11 months ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the High Speed Rail (West Midlands - Crewe) Bill 2017-19 to 2019-21 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
My Lords, HS2 is a major infrastructure programme that has had substantial parliamentary support from both Houses over its development to date. The Bill before your Lordships’ House relates to phase 2a of HS2, which would extend the line from the West Midlands to Crewe. Before I move on to the substance of the Bill, I want to draw attention to the Oakervee review and the recent advice received from Allan Cook, the chairman of HS2 Ltd. Noble Lords will be aware that the Government have asked Douglas Oakervee, supported by a panel with a wide range of views, to review HS2. Noble Lords will also be aware of the Statement laid last week by the Transport Secretary regarding advice recently received from Allan Cook. The Oakervee review will assemble and test all the existing evidence, including the recent advice from Allan Cook to allow the Government to make properly informed decisions on the future of the project.
The Transport Secretary made it clear when launching the review that the review itself should not unnecessarily delay HS2. This means continuing with preparatory work, including the enabling work for phase 1, and progressing the legislation for phase 2a. It is important to mention the review and the chairman’s advice, but giving the Bill a Second Reading does not affect the conduct of the review or prejudge its outcome. Indeed, I wish to make it clear that the Bill seeks permissive powers, to be able to construct phase 2a. It does not require the railway to be built.
The focus of this Bill process is addressing the concerns of people whose homes and businesses are impacted by the route. The petitioners seek resolution of their issues and certainty about what will happen. By giving the Bill a Second Reading and allowing the Select Committee to do its work, we can enable petitioners to be heard and their concerns considered.
My Lords, can the Minister tell the House when the report of the review will be published?
I thank the noble Lord for his intervention, but perhaps I may pick up all the issues surrounding the review later. If he includes that question in his speech, I will cover it in my speech at the end of the debate, when we discuss all those issues.
My Lords, will the Minister also say whether part of the evidence that the review takes will include an assessment of how much has been spent already on this vital link for the West Midlands? Then we could get a clearer idea, in the light of the suggestion by some that the scheme should be scrapped—which, as well as being disastrous for the West Midlands, would be a colossal waste of money.
I shall indeed cover that in my closing remarks.
It is nearly 200 years since permission was given for the building of what is now the west coast main line. Those railway pioneers made history. The railways allowed goods to travel more quickly to where people wanted them, and allowed people to travel too, for work and leisure. All this truly unlocked the Industrial Revolution, and by connecting people and goods it made the United Kingdom into an economic powerhouse.
Much has changed in nearly 200 years, but I want to focus on the things that remain the same—the things that the railways can still do: the need for railway capacity to take people and freight where they should go; the need for connectivity between places, to make travel easier; and the potential for economic growth through transport investment.
Turning to capacity, the vast bulk of our rail network was built more than 100 years ago. Demand has increased substantially since the 1990s, and the west coast main line is effectively full. Inevitably, this has implications for the reliability and performance of our network, affecting both passengers and freight. I do not want to underestimate those implications. Disruption to freight delivery can be unseen, but the disruption to people’s lives caused by late or cancelled trains regularly makes the press. The resulting huge frustration can mean that people choose not to trust trains for freight or travel, and those choices can mean more lorries and cars on our roads, with higher carbon emissions.
Capacity on, and in turn the resilience of, our railways is essential. The Government continue to invest in our existing infrastructure, but to really increase capacity and network reliability requires completely new capacity. Eking ever more out of our already full network comes with extensive disruption, leading to daily frustration with the impact on lives and businesses. Those rail users may not come back to the railways. If it proceeds, HS2 could be the best solution to capacity problems, providing much-needed space on the congested west coast main line, leading to more passengers and more freight trains on the existing network.
That brings me to connectivity. HS2 could connect many of the UK’s largest cities, and passengers would not have to travel on it to feel the benefit. Estimates indicate that about 100 towns and cities across the country could benefit from HS2 through the improved connectivity that a new railway could provide. That is not just rail connectivity; it is connectivity of people to other people, to jobs, and to businesses and their customers and suppliers. This section of HS2 could join Birmingham and London to Crewe, bringing greater connectivity to the north-west and Scotland.
That leads me to my third point: investment in transport infrastructure is not just about the infrastructure itself. Investment in transport infrastructure drives economic growth. It supports productivity by enhancing the transport networks on which businesses and individuals rely, and provides thousands of jobs and training opportunities in the supply chain. Earlier this year the Government announced that HS2 was already supporting more than 9,000 jobs and that 2,000 businesses had delivered goods and services for HS2. It has been offering up exciting opportunities for young people, with over 320 apprenticeships created so far. It is enabling young people to gain the skills to build our future infrastructure. Those skills are transferable, from building railways to other construction and other economic sectors, meaning that HS2 could give the UK more skills to compete globally, generate long-term employment opportunities and become the driving force behind Northern Powerhouse Rail.
I turn to the Bill itself. Phase 2a of HS2 is approximately 36 miles of track. It will extend HS2 from the end of phase 1 at Fradley near Lichfield and onwards towards Crewe. At the northern end it will connect to the west coast main line, allowing HS2 services to join that main line and call at Crewe station. The Bill gives outline planning permission for the railway and allows for compulsory purchase powers. It affects homes, businesses and land along the way, so it is rightly subject to extensive scrutiny. A Select Committee especially convened to scrutinise the Bill in the other place received over 300 individual petitions. During that scrutiny, the Transport Secretary offered 1,000 assurances to people who are directly and especially affected.
If the Bill receives its Second Reading today, it will pass to another specially convened Select Committee of your Lordships’ House that will look again at the detail of the Bill and make sure that it meets the high standards that we expect. The committee will have the power to amend the Bill as well as to require other changes to this part of the scheme not yet covered in the Bill. Since First Reading in July, the Bill has received 35 petitions for the Select Committee to consider, and HS2 is engaging with those petitioners to try to address their needs.
Stepping back from the individual impacts, wider community and environmental impacts are also raised by the Bill. I reassure noble Lords that I understand these wider concerns but I also remind them that it is not possible to build a railway without having some impact on the wider community. We must strike the right balance between delivering and operating a railway and being sensitive to its surroundings. I believe that the Government have struck that balance.
HS2 has undertaken detailed environmental assessments to ensure adequate mitigation of the railway’s impacts. These 36 miles of track have been considered through 17,000 pages of environmental statement—that is over 470 pages of assessment for every mile of track. Many thousands of consultation responses to the assessment were independently assessed and summarised in a report to Parliament. For example, an ecologically survey at Colwich looked for great crested newts. The field survey confirmed the newts’ presence and, to compensate for any possible losses, approximately 7.4 hectares of grassland, including eight ponds, has been proposed to provide suitable replacement refuge and foraging habitat. These assessments are not the end of our consideration of the environmental effects and impacts on communities. The Government have continued to listen to communities, environmental groups, statutory bodies and other stakeholders to try to reduce the impacts where we can.
Other changes to the scheme include the lowering of the Kings Bromley and River Trent viaducts in Staffordshire to reduce landscape impacts and the relocation of the southern portal of the Whitmore Heath tunnel, removing the need to realign a road and reducing the loss of ancient woodland. There are additional earthworks to further screen the maintenance base near Stone and to provide additional noise mitigation, such as the noise bund at Woodhouse Farm. There are assurances to protect water voles in Cheshire and to provide bird protectors along the power supplies to protect important bird species. These are just a few examples.
More than half the route is in a tunnel or cutting. The route avoids direct impacts to any grade 1 or 2* listed buildings, to scheduled monuments, to registered battlefields and to registered parks and gardens. The route does not affect any Natura 2000 sites or sites of special scientific interest, or cross any areas of outstanding natural beauty, and HS2 has been designed to withstand a “one in 1,000 years” flooding event. I know there are people who want to see more: longer tunnels, deeper cuttings, taller noise barriers and so on. I understand that. However, our duty to protect the environment must be balanced with our duty to the taxpayer. The work to date has done that and balances these responsibilities appropriately.
Does the Minister agree that those who demand longer tunnels and deeper cuttings are usually the ones who then complain about the extra costs there involved?
The noble Lord raises an interesting point. HS2 is intended to be greater than the sum of its parts. It is designed to provide much-needed capacity on our rail network, allowing freight and passengers more reliable services. It could reconnect our country, pumping much-needed investment into the Midlands and the north. HS2 is about potential: to create opportunities for growth, support a brighter future for the UK, improve and rebalance our economy and improve connectivity across the UK. It remains important to get these decisions right, so we look forward to hearing Douglas Oakervee’s recommendations. In the meantime, I hope the Bill is allowed to proceed today. I beg to move.
I thank all noble Lords who have taken part in this wide-ranging debate. I am heartened by the amount of support that this project still has across the Chamber. I recognise that I will never be able to make my noble friend Lord Framlingham happy on this one. I will work on the noble Baroness, Lady Jones, and might get there in the end—we are going to keep trying, because it is a very important project.
The noble Baroness, Lady Kramer, made some particularly important points about these large critical infrastructure projects and the difficulties this country faces in the way that we are set up and do our budgeting, scheduling and timetabling. Certainly, over the longer term some changes will probably happen in those areas. It is the same in rail as in roads, as mentioned by the noble Lord, Lord Birt, who spoke about roads being vital. As Roads Minister I completely agree with him. The Government are committing vast sums of money to improvements in both roads and rail, which are absolutely essential. The next RIS2 will have £25.3 billion to spend. On rail, we are spending £48 billion in the next control period, which is significantly more than we have spent on our railways for a very long time.
I agree with the noble Lord, Lord Adonis, that this has pretty much always been about capacity—it just happens to be called High Speed 2. If I could have one wish in my life, it would be to change the name of this project. Calling it High Speed 2 has caused so many problems. It is a high-speed railway, I completely get that, but it is about capacity. Although it might be possible to slow down the railway, as the noble Baroness, Lady Young of Old Scone, suggested, that would cut capacity. However, that is one of things that the Oakervee review will look at.
The noble Lord, Lord Rosser, stated that this project was transformative and mentioned many other times when Members both in the other place and in this House, from the Government and beyond, talked about its transformative nature. It is very difficult to disagree, but “transformative” can mean many different things. We must be absolutely clear—this is what Oakervee will do—that the benefits and costs are appropriate for this project. That is the reason for the review.
Can I take it then, in the light of that comment, that the Government are not prepared to rule out this project being cancelled?
The Prime Minister has been very clear that nothing has been taken off the table. Imagine if the numbers came out as £100 billion to build it with benefits of only £50 billion. The noble Lord might have a slight problem with saying yes to a project with numbers like that. We know that things are under review, but we have also seen the report from Allan Cook—
I would agree, if we were faced with figures such as those which appeared to completely change the situation, but I imagine that if we reached that stage there would be an immediate inquiry into how the original figures were ever produced.
That may well be the case, but we are now talking about hypotheticals, so I suggest that we wait until the review has finished and look at its conclusions in the context of the report from Allan Cook. The Government will make a decision at that time.
I turn to the comment of the noble Lord, Lord Birt, about why we do not have a long-term railway strategy. That is exactly what we are doing at the moment with the Williams rail review, which is looking at the status of the rail network and the service operators to see whether and how we can improve the system for the future.
I turn to some of the more specific points raised by noble Lords. There was a bit of discussion around investment in the north and how important it is; that was brought up by the noble Lord, Lord Wallace of Saltaire, and the noble Baroness, Lady Randerson. It is of course absolutely critical, as the Government recognise. Northern Powerhouse Rail could be transformative for the north, but probably not in isolation. It needs to be part of a larger project, which is why the Government are supporting Transport for the North to develop the options for Northern Powerhouse Rail. We committed £60 million at the spending review in 2015 and £37 million in 2018, which is on top of the £300 million we have committed to make sure that HS2 infrastructure accommodates a future Northern Powerhouse Rail and Midlands services. Therefore it is part of a bigger project, and other developments are certainly being included.
On the Oakervee review and accountability, I have already mentioned that costs, timescales and benefits will all be tied up in the review. The noble Lord, Lord Tunnicliffe, spoke about accountability and HS2. I refer him to a comment made by my colleague the Transport Secretary, who was very clear that he wanted us to be as transparent as possible. That includes on costs and schedule, which is why we published the Cook report. The noble Baroness, Lady Kramer, raised that as well. Therefore, there will be more transparency and accountability. We are not minded to introduce quarterly reporting on HS2 at the moment, as it already provides reports to Parliament, as required by the framework document, and we believe that that level is proportionate and sufficient. Of course, noble Lords may request debates on HS2 at any time.
The noble Lord, Lord Adonis, claimed that it was a bit left hand/right hand, given my opening remarks and the fact that we are having a review. However, I do not see it like that. The process for HS2 is positive, and the review we are having is a sensible reconsideration of the facts. A sensible reconsideration should never be confused for a lack of support.
A number of noble Lords mentioned whether work should continue during the Oakervee review. Certainly, the Prime Minister was very clear that the fact that we are having a review should not unnecessarily delay the progress of HS2. That would be wrong, and it would mean that costs would rise. That is why limited enabling works are being undertaken by HS2, and why your Lordships are being asked to consider phase—
Will the Minister at least acknowledge that the felling of trees and the damaging of ancient woodland when the matter is still under discussion would be a serious thing to do?
I will come on to the issue of ancient woodland in due course and will look into the amount of work going on. I will certainly write to my noble friend if I can get some more information in that regard.
Perhaps I can help the Minister with that. I would be delighted to send her the list of woodland that is about to be demolished over the next six weeks.
I suspect that I may already have that list, but I would be delighted to receive it again.
My noble friend Lord Framlingham made what I think noble Lords will agree was an expected contribution, mentioning costs and value for money; indeed, that is what the Oakervee review will consider. He spoke about whistleblowers, as of course did the noble Baroness, Lady Kramer. We are clear that any whistleblowers are covered in the UK by the whistleblowing legislation, and absolutely nothing should stop them coming forward. The Oakervee review will of course look at all available evidence when assessing the scheme.
Would the Minister be willing to meet on one occasion to take up that issue of whistleblowers?
I would be delighted to meet the noble Baroness when diaries allow.
My noble friend Lord Framlingham mentioned fraud. I would like to be clear that neither the Serious Fraud Office nor the police has contacted HS2 regarding any investigation, nor made any request for information in that regard.
The noble Lord, Lord Greaves, asked whether HS2 was competent. The Oakervee review will of course look at how we have arrived at the place we have, and at whether HS2 as it stands is able to deliver the project. We would not want to prejudge that outcome, but we have been working closely with the new chairman to ensure that HS2 has the right skills at this important stage to take the project forward.
The noble Baroness, Lady Randerson, mentioned salaries, expressing surprise at the number of people who are paid quite high salaries within HS2. I do not know that I agree with her on this one. These are very technical positions, which need quite a lot of skill and experience, and I have not yet been able to see any benchmarks which would mean that they are not reasonable salaries to pay to these highly skilled technicians and engineers.
The noble Lord, Lord Tunnicliffe, raised the important issue of connectivity. I said in my opening remarks that HS2 will be able to connect the major cities of the UK, but also described how the hub-and-spoke system then goes out to more than 100 cities and towns, which will be able to benefit. It is probably slightly early days now to think about those towns, because we need to get closer to the date of completion and services. However, I agree with him that whoever is in government at that time—I very much hope that it will be the Conservatives—will work with local authorities to make sure that we have an integrated transport system so that the buses connect with the trains, and all those things happen that we all would like to see.
The issue of Old Oak Common was raised a couple of times. We published a response to the Economic Affairs Committee report in July 2019, which mentioned stopping at Old Oak Common. There are few benefits, because stopping there means that you cannot transfer on to other transport systems, but the Oakervee review will of course look at that issue.
On the basic point about connectivity, will the Minister confirm that, when 2b is built, the trains will indeed run through to Preston, Carlisle and Glasgow?
I am unable to confirm that just at this moment, purely because I do not know, not because that decision has gone one way or the other. My apologies.
Oakervee is looking at the costs and benefits and, as the noble Lord mentioned, the costs have increased—the envelope was originally £55.7 billion, and Allan Cook now estimates that that is between £72 billion and £78 billion.
The noble Lord, Lord Teverson, asked about similar projects in other nations. It is difficult to compare us to someone else. We have very different countryside, and various stakeholders have very different needs. That point was raised by the noble Lord, Lord Snape. If we were to keep absolutely everybody happy on the environmental side of things, we would never build anything ever again. Clearly, that is not a feasible option, and therefore we must have a balance. While Oakervee will look at this, given our landscape and our need to mitigate against justified environmental concerns that have been raised, the cost of these things becomes quite high. I mentioned at the outset that there is a significant amount of tunnelling and cutting; some of that is down to the landscape that the line is going through, but also environmental concerns there. In later debates I will give examples of where we have literally moved the route to go around a tree. Those are the sorts of things that, with respect, may not necessarily happen in other countries. On the flip side, knowing France fairly well as I do, much of the country does not look like Staffordshire, so there are differences.
I thank the noble Baroness for going through those details, but they sound like a list of excuses, if you like. I understand all of that, but the rest of Europe is not blasé about these issues. As we know, the French public can be equally awkward. While I hear the noble Baroness, I find it difficult to understand the differences in culture.
I would be happy to return to this issue outside the Chamber where perhaps we could have a better and more detailed conversation. I was also going to say that we should meet when the review has been published so that we can talk about the more detailed costs and benefits assessment. That conversation is probably too lengthy to have in the Chamber today.
I turn now to a few of the environmental matters which have been raised, because of course they are very important. I think that it was the noble Lord, Lord Hunt, who referred to the noble Baroness, Lady Jones of Moulsecoomb, saying that he admired her “hippy way” of bringing things up. I thought, “No, that is not the case at all, because these issues are important”. We had a good conversation when we met, and I hope that both noble Baronesses, Lady Jones and Lady Young, along with other noble Lords will accept an invitation to a briefing by the HS2 environment team. Perhaps we can then get to the root of the issues of concern because this is a huge area. I believe that HS2 has a great deal of information on it and I hope that the team will be able to put at least some of the fears of noble Lords at rest, although I am probably resigned to the fact that the noble Baroness will not change her view.
I want to refer to the point raised by the noble Earl, Lord Glasgow. He asked whether having a railway line causes an area to become not beautiful any more. Having visited the area that phase 2a of HS2 will go through, I agree with him that it is lovely and a great part of the country which already has the west coast main line and a motorway running through it. However, it is still beautiful. I think that there are many positives. On the habitat side, again we can raise those issues with the environment director and talk about them further.
I just want to clarify that I did not say that the noble Baroness was a hippy; rather, I said that she was pithy. In other words, she put her points of view across very succinctly.
Goodness, okay. I offer my sincere apologies to the noble Baroness and perhaps Hansard will go back and scrap all of that.
I shall carry on about the environmental statements, which are of course very important. I can assure the noble Baroness that they are of a high quality. However, I shall turn now to ancient woodlands because I sense that this is an issue that we may return to a number of times. I agree that ancient woodlands are very important, but there is some context here. We have some 52,000 ancient woodland sites in the UK, and of those 52,000, some 62 will be affected by HS2. It is the case that we can do things to mitigate the impact on ancient woodland. I was quite surprised to learn that not only do we have a planting regime in place, which we will learn from and improve on—and we can quiz the HS2 environment director on it—but we also propose to move the actual soil to a new place.
The evidence for the preservation of ancient woodlands simply does not exist; it is a myth, and I do not think that we should be misleading the House in this way. While I am on my feet, I should say that I have met endlessly with the HS2 environment team. Although there may be a large number of fragments of ancient woodland so that this looks like a comparatively small number, the reality is that most of those fragments have been very bisected and diminished by development, and we are continuing on that merry way to the point where shortly we will have little ancient woodland worthy of the name.
I thank the noble Baroness for her intervention. I suspect that we are not going to wholly agree on this matter, but if I can do anything at all to bring us closer together, I shall be pleased to do so. I believe that earlier the noble Baroness mentioned Whitmore Wood, which I have also had the pleasure of seeing. The Select Committee in the other place did consider whether the project should tunnel under the woodland, but it decided that that did not represent value for money. An assurance was given to reduce the impact on the ancient woodland by 0.5 of a hectare. However, the Select Committee of your Lordships’ House may look at this issue again.
My Lords, can the noble Baroness answer the question put to her on precisely when the review will be published?
I cannot do that with great precision. I believe that the noble Lord, Lord Rosser, mentioned that the original length of the review was six weeks. We should take that period in the context of a couple of months or a month. It is not six weeks on the dot, from day one to the end, although it may well be. The point is that the panel has had to be set up and appointed and the terms of reference were published on 21 August. Given that, I will stick to the autumn of 2019. As noble Lords will be aware, it is a bit chilly outside now, so autumn is coming. However, I probably cannot go much further than that. As I say, the review will be published shortly or in due course. No doubt noble Lords will soon ask me about this again in Oral Questions. However, it is under way and it is a short review.
I want to cover briefly the issue of tenant compensation, which I realise is important to the noble Lord, Lord Tunnicliffe. There will certainly be an opportunity to discuss it further before we reach the next stage of the process. Due to the route of the proposed scheme, phase 2a affects mostly rural residents, many of whom are tenants of their properties or land. Most types of tenants who will be impacted by the scheme are already provided for under existing compensation law, but where they are not, the Government are able to use their flexible non-statutory arrangements to provide support. That is probably not sufficient detail for the noble Lord, and I agree that we will take the issue further forward.
I want to comment briefly on a comment made by the noble Baroness, Lady Kramer, about British Steel. I understand the concerns of the noble Baroness, but none the less the Crown Commercial Service steel procurement policy requires bidders to outline their steel supply plans and will award all steel contracts through open competition.
Perhaps we may have a straightforward answer to the request that there should be a moratorium on felling in ancient woodland sites until the report is available.
I am not able to provide that certainty at this moment, but I will undertake to establish exactly what enabling works or felling will take place, whether that is of ancient woodland or otherwise, within the period that we anticipate the review will take to be carried out. I will write to the noble Lord and place a copy of the letter in the Library of the House.
This is the start of the proceedings on this Bill. I look forward to many further discussions both within the Chamber and without the Chamber. For now, I beg to move.
(4 years, 11 months ago)
Lords ChamberThis text is a record of ministerial contributions to a debate held as part of the High Speed Rail (West Midlands - Crewe) Bill 2017-19 to 2019-21 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
That if a bill in the same terms as those in which the High Speed Rail (West Midlands–Crewe) Bill stood when it was brought to this House in this session is brought to this House from the House of Commons in the next session—
(a) the proceedings on the bill in the next session shall be pro forma in regard to every stage through which the bill has passed in this session;
(b) any petition deposited against the bill in this session shall be taken to be deposited against the bill in the next session; and
(c) the Standing Orders of the House applicable to the bill, so far as complied with or dispensed with in this session, shall be deemed to have been complied with or (as the case may be) dispensed with in the next session.
(4 years, 5 months ago)
Commons ChamberThis text is a record of ministerial contributions to a debate held as part of the High Speed Rail (West Midlands - Crewe) Bill 2017-19 to 2019-21 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
I beg to move,
That if a Bill is presented to this House in this session in the same terms as those in which the High Speed Rail (West Midlands - Crewe) Bill stood at the last stage of its proceedings in this House in the 2019 session—
(a) the Bill so presented shall be deemed to have passed through all its stages in this House, and
(b) the Standing Orders and practice of the House applicable to the Bill, so far as complied with or dispensed with in the 2019 session, shall be deemed to have been complied with or (as the case may be) dispensed with in this session.
That the above Orders be Standing Orders of the House.
I am delighted to be here this evening to undertake my first piece of parliamentary business as the new Minister for high-speed rail. I have been given specific oversight of this hugely significant project.
The High Speed Rail (West Midlands - Crewe) Bill, also known as the phase 2a Bill, concerns a section of HS2 that will extend the railway from the end of phase 1, just north of Birmingham, to Crewe. Hybrid Bills are unusual and relatively rare. A hybrid Bill is both a public Bill and a private Bill in one—hence, hybrid. The Bill could be characterised as an alternative planning consent process.
The Bill was introduced into this House in July 2017. It passed its Second Reading in January 2018 and moved into its Select Committee stage. Over 300 petitions were received. In response, two additional provisions were promoted that made changes to the Bill to resolve those petitions. That process took over a year. Hearings finished in the spring of 2019, and the amendments were agreed. The Bill then completed its stages in this place and moved to the House of Lords, where it had its Second Reading last September.
It is normal for a Bill like this to carry over from one parliamentary Session to another. The previous Parliament did not make time available to secure carry-over motions, so I am bringing the Bill back today with this revival motion. Private Bills that are not carried over are often revived. Revival has been used before for a hybrid Bill. For those who may be geeky and interested, the process is set out in “Erskine May”, in paragraph 37 of chapter 45 on page 1,162.
This is indeed very geeky and technical, and all very interesting, but can I urge the Minister, particularly when he responds to the debate, to talk about the benefits of HS2 and how we can bring those benefits online now? May I particularly commend to him the new Siemens rail factory that is coming to Goole, with £250 million of investment, and our excellent steelworks at Scunthorpe, which already supplies Network Rail with all of its railways, thereby demonstrating the benefit to the whole of the country of this Bill?
Order. The hon. Gentleman asks the Minister whether he can make certain commendations. He can try, but I am afraid he cannot, really, because this is a very, very narrow motion on procedure; it is not a debate on the merits or otherwise of the Government’s railway policy.
Thank you for that guidance, Madam Deputy Speaker. I can, however, assure my hon. Friend, who is a doughty champion of the Brigg and Goole constituency, that 98% of businesses involved in HS2 are British, and approximately 70% of the contracts already awarded are going to small and medium-sized enterprises. I am sure he will continue to champion the businesses in his constituency to ensure that they get the maximum benefit from this scheme.
On a procedural point, my hon. Friend will be aware that there are some experienced politicians who could use various tactics to delay this measure. I would not like to join those people. Can I just mention, though, that if we are spending £100 billion on this, my constituents are very keen on the Government giving £1 million only to London North Eastern Railway for our through train to Grimsby and Cleethorpes via Market Rasen? I would very much hope that the Minister, in terms of procedure and ensuring a smooth passage and support for this measure, could perhaps give a gentle green light to my through train for just £1 million.
Order. No, the right hon. Gentleman cannot talk about Grimsby. I call the Minister.
Thank you, Madam Deputy Speaker. Once again, I am tempted to talk about a very laudable proposal from my right hon. Friend. I know that the Minister of State, my hon. Friend the Member for Daventry (Chris Heaton-Harris), who is sitting next to me, sees significant merit in that proposal and will hopefully be looking at it in due course.
As my hon. Friend may know, the amendment that I proposed, which has not been selected—I do not complain about that, or rather I complain about the principle but not about the action—says that these Standing Orders would contradict fundamental constitutional principles. Bills come to an end in the Session in which they were introduced unless a carry-over motion is passed before Prorogation or Dissolution. It is extremely rare, and almost unique, for the process that we are now witnessing to take place. I just put that on the record; I have further points that I am sure the Minister is expecting me to make later.
I note my hon. Friend’s concern. My direct reference to “Erskine May” would, I hope, have put his mind to rest as to why we are using this procedure in this rather unique circumstance.
Since the Government have decided that HS2 should go ahead and that phase 2a should be built, we now need to take the next step, which is to revive the Bill. This motion has the same effect as a carry-over motion, and if Members agree it today, the Bill will resume in the same place that it stopped. That means it will pass to the House of Lords, where it would resume its Select Committee stage. Passing this motion therefore allows the progress already made to be kept. It allows those directly affected to continue with the legal processes they still have to complete, safe in the knowledge that the changes they requested to the Bill and previously received will be kept.
I should like to reply to as many of the issues raised today as I can while discussing the motion. First, I am grateful to all right hon. and hon. Members who have taken part in the debate this evening. In his speech, the Prime Minister made it clear that things at HS2 need to change, and decisive action is being taken to restore discipline to the programme. I have been appointed to oversee High Speed 2, Northern Powerhouse Rail and the trans-Pennine route upgrade, ensuring that there is one Minister dedicated to focusing on this project, allowing many of the other issues that have been raised in the debate, such as the issues in the south-west, to be focused on by my ministerial colleagues in the Department.
In his remarks, the Prime Minister also alluded to the fact that the Beeching line fund would be £1.5 billion. Can the Minister confirm that, and, if so, will he be able to suggest that more money can be levelled up across the entire United Kingdom, not just in relation to the HS2 line?
I thank my hon. Friend for that point. He will be aware that we have officially launched our £500 million Beeching reversal fund and details about additional funding will of course be made available in due course, but the Prime Minister has been crystal clear about our intention to invest heavily in bringing back rail routes and stations and to level up all parts of our country.
Does not the short debate this evening show that the project is very different from the one that the previous Parliament approved, and that the Opposition have invented a magical railway that is very different from the one that the Bill actually captures? That shows that we need to debate this again properly, rather than rushing the thing through and regarding it as settled. It is clearly not settled and is a highly contentious project.
I appreciate that my right hon. Friend has been a long-term opponent of the scheme, but I would say that the motion before the House tonight is very limited. There will be many future occasions to debate the issue, I am sure.
There are about six minutes left, so, Mr Speaker, if you will allow me, I must make some progress in responding to some of the comments made by right hon. and hon. Members. The Prime Minister has made a firm commitment that we will get hold of this project and have a firm grip on it. It goes alongside a programme of wider transport investment. The Prime Minister outlined a vision for a revolution in local transport to ensure that our towns and cities in every region have the modern joined-up network needed to fire up economic growth.
Let me turn to the points raised in the debate. My hon. Friend the Member for Stone (Sir William Cash) has been a vocal opponent of HS2 for many years, speaking frequently and eloquently on behalf of his constituents, and I understand the concerns he has expressed tonight. He asks whether I would consider not providing phase 2a until the phase 2b review has been completed, so that phase 2a can be looked at again in the light of the integrated rail plan. What I would say to him is that in giving his go-ahead to HS2 in this House on 11 February, the Prime Minister committed the Government to getting on with building phase 2a immediately and this has been reflected in the terms of reference set out for the integrated rail plan. However, I appreciate my hon. Friend’s concerns, and although I cannot change the terms of that review I am keen to work with him to ensure that the views of his constituents are heard throughout this process. I am therefore happy to commit to working with him and facilitating meetings with HS2 Ltd to address the deep concerns that I know he still holds as the Bill completes its passage.
I am sorry, but we are perilously close to running out of time. My hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown) spoke eloquently in support of the motion. He is right on capacity and he is right in what he said on carbon. I want to reassure him that the Government are taking decisive action to restore discipline to the programme and I welcome the oversight that will be brought by the Public Accounts Committee to that project.
I thank my hon. Friend. The Public Accounts Committee has had two inquiries and we are about to have another. There is universal agreement on this side of the House tonight that we need to get control of the governance of the thing and we need to get control of the cost. Will my hon. Friend give an absolute assurance to the House tonight that he will redouble his efforts to get control of the costs?
Will my hon. Friend give way on that point?
No.
My hon. Friend the Member for Crewe and Nantwich (Dr Mullan) talked eloquently about the benefits to his constituency, and it was great to visit his patch last week. My hon. Friend the Member for Lichfield (Michael Fabricant) has been consistent in his opposition to High Speed 2, but I am afraid that I agree with his good friend Andy Street; this scheme has huge benefits for every part of the west midlands and we need to move forward. My hon. Friend the Member for Stafford (Theo Clarke), despite being elected only in December, has already raised with me the concerns of her constituents by phone, text, WhatsApp and letter, in face-to-face meetings and again in the Chamber today. I have been left in no doubt about the strength of feeling in her constituency and about the fact that she will work tirelessly to represent all those directly affected by this section of the line. I share her concern about the way some people and communities have been treated by HS2 Ltd, and it must improve, as the Prime Minister said on 11 February. She asked about a timeline for compensation. As she will know, HS2 Ltd is required to pay landowners 90% of HS2 Ltd’s valuation within three months of receiving a claim or the date of possession, whichever is the later. The time taken to agree a settlement will often depend on the time parties take to negotiate and agree a property’s valuation and other statutory compensation. However, this is an area where I want to see real improvement, and I will be happy to meet her to discuss specific constituency cases and what more can be done to end the uncertainty that has hung over people for far too long. I thank her for the tone of her remarks tonight.
My right hon. Friend the Member for North Shropshire (Mr Paterson) raised his concerns about cost. We have made it clear that we are committed to drawing a line under the past problems of cost control, and the Government recognise that things must change going forward. The latest cost estimate, as outlined in the Oakervee review, indicates that the full network cost will be between £72 billion and £98 billion, in 2019 prices. My hon. Friend the Member for West Dorset (Chris Loder) raised issues relating to the south-west. I can reassure him that we will not take our focus off other issues, particularly those he raises. That is why the Minister of State, Department for Transport, my hon. Friend the Member for Daventry (Chris Heaton-Harris) is here with me tonight, and it is why the Government are spending £48 billion between 2019 and 2024 on the conventional rail network. My hon. Friend the Member for Windsor (Adam Afriyie) asked a few questions, on which I may come back to him, but this measure does not pass the budget—there will be many more debates.
Finally, I wish to remind the House of the reasons for bringing forward this motion to revive the Bill. By reviving the Bill, we allow those who are directly and specifically affected by the building of this section of HS2 to get the earliest possible resolution to their petitions. We prevent the need to restart this Bill, saving time and money for those who have already petitioned and protecting the investment already made by the taxpayer. This Government want to get on and provide certainty to those affected by phase 2a, the west midlands to Crewe section of the line. By reviving this Bill tonight, we provide that certainty to people as quickly as possible. I commend the motion to the House.
Question put and agreed to.
Ordered,
That if a Bill is presented to this House in this session in the same terms as those in which the High Speed Rail (West Midlands - Crewe) Bill stood at the last stage of its proceedings in this House in the 2019 session—
(a) the Bill so presented shall be deemed to have passed through all its stages in this
House, and
(b) the Standing Orders and practice of the House applicable to the Bill, so far as complied with or dispensed with in the 2019 session, shall be deemed to have been complied with or (as the case may be) dispensed with in this session.
That the above Orders be Standing Orders of the House.