All 7 contributions to the High Speed Rail (West Midlands-Crewe) Act 2021 (Ministerial Extracts Only)

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Tue 30th Jan 2018
High Speed Rail (West Midlands - Crewe) Bill
Commons Chamber

2nd reading: House of Commons & Allocation of time motion: House of Commons & Carry-over motion: House of Commons & Money resolution: House of Commons & 2nd reading: House of Commons & Allocation of time motion: House of Commons & Carry-over motion: House of Commons & Money resolution: House of Commons & 2nd reading: House of Commons & Allocation of time motion: House of Commons & Carry-over motion: House of Commons & Money resolution: House of Commons & 2nd reading & 2nd reading: House of Commons & Allocation of time motion & Allocation of time motion: House of Commons & Carry-over motion & Carry-over motion: House of Commons & Money resolution & Money resolution: House of Commons & 2nd reading & Money resolution & Allocation of time motion & Carry-over motion & 2nd reading
Tue 25th Jun 2019
High Speed Rail (West Midlands - Crewe) Bill (First sitting)
Public Bill Committees

Committee stage: 1st sitting & Committee Debate: 1st sitting: House of Commons & Committee Debate: 1st sitting: House of Commons & Committee Debate: 1st sitting: House of Commons & Committee Debate: 1st sitting: House of Commons
Tue 25th Jun 2019
High Speed Rail (West Midlands - Crewe) Bill (Second sitting)
Public Bill Committees

Committee stage: 2nd sitting & Committee Debate: 2nd sitting: House of Commons & Committee Debate: 2nd sitting: House of Commons & Committee Debate: 2nd sitting: House of Commons & Committee Debate: 2nd sitting: House of Commons
Mon 15th Jul 2019
High Speed Rail (West Midlands - Crewe) Bill
Commons Chamber

Report stage & Report stage & 3rd reading & 3rd reading & 3rd reading: House of Commons & Report stage & Report stage: House of Commons
Mon 2nd Mar 2020
High Speed Rail (West Midlands - Crewe) Bill: Revival
Commons Chamber

Carry-over motionmotion to revive Bill & Carry-over motion & Bill reintroduced & Bill reintroduced: House of Commons & Bill reintroduced & Bill reintroduced: House of Commons & motion to revive Bill: House of Commons
Mon 9th Nov 2020
High Speed Rail (West Midlands-Crewe) Bill
Grand Committee

Committee stage:Committee: 1st sitting (Hansard) & Committee stage:Committee: 1st sitting (Hansard) & Committee stage:Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords & Committee: 1st sitting (Hansard)
Thu 12th Nov 2020
High Speed Rail (West Midlands-Crewe) Bill
Grand Committee

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High Speed Rail (West Midlands - Crewe) Bill

(Limited Text - Ministerial Extracts only)

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2nd reading: House of Commons & Allocation of time motion: House of Commons & Carry-over motion: House of Commons & Money resolution: House of Commons & 2nd reading & Allocation of time motion & Carry-over motion & Money resolution
Tuesday 30th January 2018

(6 years, 1 month ago)

Commons Chamber
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This text is a record of ministerial contributions to a debate held as part of the High Speed Rail (West Midlands-Crewe) Act 2021 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

Chris Grayling Portrait The Secretary of State for Transport (Chris Grayling)
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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.

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
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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.

Chris Grayling Portrait Chris Grayling
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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.

Cheryl Gillan Portrait Dame Cheryl Gillan (Chesham and Amersham) (Con)
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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.

Chris Grayling Portrait Chris Grayling
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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.

Cheryl Gillan Portrait Dame Cheryl Gillan
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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.

Chris Grayling Portrait Chris Grayling
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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.

Louise Ellman Portrait Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)
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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?

Chris Grayling Portrait Chris Grayling
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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.

Kevin Barron Portrait Sir Kevin Barron (Rother Valley) (Lab)
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If that is the case and Ministers are concerned for the north, why has electrification between cities in the north been cancelled?

Chris Grayling Portrait Chris Grayling
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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.

Anna Soubry Portrait Anna Soubry (Broxtowe) (Con)
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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.

Chris Grayling Portrait Chris Grayling
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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.

Andrew Jones Portrait Andrew Jones (Harrogate and Knaresborough) (Con)
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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?

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Chris Grayling Portrait Chris Grayling
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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.

Michelle Donelan Portrait Michelle Donelan (Chippenham) (Con)
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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?

Chris Grayling Portrait Chris Grayling
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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.

Lord McLoughlin Portrait Sir Patrick McLoughlin (Derbyshire Dales) (Con)
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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.

Chris Grayling Portrait Chris Grayling
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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.

Michael Fabricant Portrait Michael Fabricant (Lichfield) (Con)
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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.

Chris Grayling Portrait Chris Grayling
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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.

Maggie Throup Portrait Maggie Throup (Erewash) (Con)
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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?

Chris Grayling Portrait Chris Grayling
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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.

Gareth Snell Portrait Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
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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?

Chris Grayling Portrait Chris Grayling
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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.

Rebecca Pow Portrait Rebecca Pow (Taunton Deane) (Con)
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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?

Chris Grayling Portrait Chris Grayling
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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.

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Andy McDonald Portrait Andy McDonald
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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.

Chris Grayling Portrait Chris Grayling
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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.

Andy McDonald Portrait Andy McDonald
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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.

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Michael Fabricant Portrait Michael Fabricant
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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.

Chris Grayling Portrait Chris Grayling
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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?

Michael Fabricant Portrait Michael Fabricant
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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.

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Nusrat Ghani Portrait The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)
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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.

Gareth Snell Portrait Gareth Snell
- Hansard - - - Excerpts

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?

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Laura Smith Portrait Laura Smith
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Cheryl Gillan Portrait Dame Cheryl Gillan
- Hansard - - - Excerpts

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?

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

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?

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

--- Later in debate ---
18:59

Division 109

Ayes: 295


Conservative: 267
Labour: 13
Democratic Unionist Party: 8
Liberal Democrat: 5
Independent: 2

Noes: 12


Conservative: 6
Plaid Cymru: 3
Labour: 2
Green Party: 1

Bill read a Second time.

High Speed Rail (West Midlands - Crewe) Bill (First sitting)

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee stage & Committee Debate: 1st sitting: House of Commons
Tuesday 25th June 2019

(4 years, 9 months ago)

Public Bill Committees
Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 25 June 2019 - (25 Jun 2019)

This text is a record of ministerial contributions to a debate held as part of the High Speed Rail (West Midlands-Crewe) Act 2021 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

None Portrait The Chair
- Hansard -

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.

Nusrat Ghani Portrait The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)
- Hansard - - - Excerpts

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.)

None Portrait The Chair
- Hansard -

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.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss that schedule 1 be the First schedule to the Bill.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda (Reading East) (Lab)
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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?

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Rachel Maclean Portrait Rachel Maclean (Redditch) (Con)
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

--- Later in debate ---
None Portrait The Chair
- Hansard -

With this it will be convenient to consider that schedule 11 be the Eleventh schedule to the Bill.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

With this it will be convenient to consider that schedule 12 be the Twelfth schedule to the Bill.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

With this it will be convenient to consider that schedule 13 be the Thirteenth schedule to the Bill.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

With this it will be convenient to consider that schedule 14 be the Fourteenth schedule to the Bill.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss that schedule 17 be the Seventeenth schedule to the Bill.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

--- Later in debate ---
Question proposed, That the clause stand part of the Bill.
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

The clause introduces schedules 18 and 19, which disapply or modify controls for listed buildings and ancient monuments to allow the construction of phase 2a and to enable the installation of noise insulation in listed buildings.

Tanmanjeet Singh Dhesi Portrait Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
- Hansard - - - Excerpts

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?

--- Later in debate ---
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Paul Sweeney Portrait Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

With this it will be convenient to consider that schedule 20 be the Twentieth schedule to the Bill.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

I propose revising my grouping, and that we debate clauses 23 to 42, and the associated schedules 21 to 31, together.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

Ms Buck, may I take some direction? Are you proposing that I speak just to clause 23?

None Portrait The Chair
- Hansard -

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

I understand. I will do my best, but do call me out if I get it wrong.

Clause 23

Consecrated land

Question proposed, That the clause stand part of the Bill.

None Portrait The Chair
- Hansard -

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

--- Later in debate ---
None Portrait The Chair
- Hansard -

With this it will be convenient to consider that schedule 32 be the Thirty-second schedule to the Bill.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

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?

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

Indeed it is.

Clause 44

Existing agreements

Question proposed, That the clause stand part of the Bill.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss clauses 45 to 47.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

--- Later in debate ---
Question proposed, That the clause stand part of the Bill.
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

I propose that we debate clauses 49 to 60 together.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

This is the standard clause that appears in Bills and provides for the expenditure of public money. It simply provides that any expenditure incurred by the Secretary of State under the Bill shall be paid out of money provided by Parliament.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

--- Later in debate ---
Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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?

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Paul Sweeney Portrait Mr Sweeney
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.)

High Speed Rail (West Midlands - Crewe) Bill (Second sitting)

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee stage & Committee Debate: 2nd sitting: House of Commons
Tuesday 25th June 2019

(4 years, 9 months ago)

Public Bill Committees
Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 25 June 2019 - (25 Jun 2019)

This text is a record of ministerial contributions to a debate held as part of the High Speed Rail (West Midlands-Crewe) Act 2021 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

Nusrat Ghani Portrait The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)
- Hansard - - - Excerpts

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.

None Portrait The Chair
- Hansard -

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Division 1

Ayes: 7


Labour: 7

Noes: 8


Conservative: 8

--- Later in debate ---
Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Division 2

Ayes: 7


Labour: 7

Noes: 8


Conservative: 8

New Clause 3
--- Later in debate ---
Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Division 3

Ayes: 7


Labour: 7

Noes: 8


Conservative: 8

New Clause 4
--- Later in debate ---
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

--- Later in debate ---

Division 4

Ayes: 6


Labour: 6

Noes: 8


Conservative: 8

New Clause 5
--- Later in debate ---
Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

--- Later in debate ---
There is a serious skills shortage across the country in the sectors and vital trades and professions needed to deliver these ambitious programmes. The situation is likely to become more challenging with an aging population and, indeed, with Brexit. It is vital, therefore, that we map delivery against those factors so that early interventions can be made to mitigate the risks of a lack of skills. We therefore call for a quarterly report to be laid before Parliament.
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.]

None Portrait The Chair
- Hansard -

Order. We must now suspend the sitting for a Division in the House.

--- Later in debate ---
On resuming—
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Paul Sweeney Portrait Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
- Hansard - - - Excerpts

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?

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Division 5

Ayes: 7


Labour: 7

Noes: 8


Conservative: 8

New Clause 7
--- Later in debate ---
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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.

Division 6

Ayes: 7


Labour: 7

Noes: 8


Conservative: 8

Bill to be reported, without amendment.

High Speed Rail (West Midlands - Crewe) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Monday 15th July 2019

(4 years, 8 months ago)

Commons Chamber
High Speed Rail (West Midlands-Crewe) Act 2021 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 15 July 2019 - (15 Jul 2019)

This text is a record of ministerial contributions to a debate held as part of the High Speed Rail (West Midlands-Crewe) Act 2021 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

Owen Paterson Portrait Mr Paterson
- Hansard - - - Excerpts

I agree. There were questions about its original cost of £32 billion. We are now at £55 billion and looking at £100 billion. We know categorically that we would massively improve the productivity of every single human being in this country if we had full fibre broadband.

I am not prepared to vote for the Labour party amendments. I thought they were good when I first skimmed through them, but they place no consequential requirements on the Government. If the Government do not support my hon. Friend the Member for Eddisbury’s amendment, I will vote for it, if she presses it. I am also minded to change my opinion of the whole project, mindful that my constituents have not been given satisfaction and mindful that their lives will be turned upside down for a long period by this project, and to vote against the Bill on Third Reading unless I hear otherwise from the Minister.

Nusrat Ghani Portrait The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)
- Hansard - - - Excerpts

It has been a pleasure to hear so many passionate speeches about the power of transport to transform the outcomes of our constituencies and our country. Even though there have been some strong speeches from Members who have HS2 running through their patches—obviously they defend their patches and constituents—we have heard too about the transformative nature of HS2.

There is no denying that HS2 is a large infrastructure project—it is the largest of its kind in Europe—but it is also absolutely key as it links up eight of our 10 great cities. It will be transformative not only because it will increase capacity and reduce the time it takes to reach eight of our top 10 cities, but because, along the way, it will smash the north-south divide, creating jobs and opportunities for people in the midlands and the north.

I need to respond to quite a few Members and go through each of the new clauses, so I will be as swift as I can. I thank the shadow Minister for her comments supporting the project as a whole and her recognition of the number of jobs that will be created along the route and in the supply chain. At the peak, there will be 30,000 jobs, most of them outside London. I also welcome the comments about the urgent need to get on and deliver this vital infrastructure project and about how it is about not just speed but capacity.

I could talk about my passion for the project, but I thought it might be relevant, considering that we are sitting here in the middle of London talking about those who are supportive of HS2 and those who are critical of it, if I mentioned voices that do not often get mentioned in the Chamber. The Birmingham chamber of commerce has said:

“HS2 is a game changer for our region as Birmingham will proudly sit at the centre of a brand new network”.

Judith Blake from Leeds City Council said:

“HS2 will be transformational for Leeds and the region”.

Leader of Derby City Council, Chris Poulter, said:

“Whist I’m aware that there have been some concerns about the impact of HS2; we mustn’t lose sight of the benefits to Derby, and the wider Midlands area.”

There was also a fantastic article put together by the leaders of Manchester, Leeds and Newcastle and the Mayors of Greater Manchester and the Liverpool city region. These people represent 15.4 million people, and they say there is no realistic alternative to the delivery of HS2, which we know is key to delivering Northern Powerhouse Rail as well. I am concerned that sometimes the criticism comes from so far south. We should focus on the needs and aspirations of people in the midlands and the north.

William Wragg Portrait Mr Wragg
- Hansard - - - Excerpts

I am probably as much from the north as Andy Burnham—I am from Greater Manchester—and I am critical of HS2 today. Although my constituents are unaffected, they are none the less aware of the scale of the increase in the expenditure and would consider it a waste of money as much as any Member from the south.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

The people I mentioned have all made it very clear that they do not think it is a waste of money. I can confirm for my hon. Friend and others that there is only one budget for HS2, and it is £55.7 billion. The bit we are talking about today, phase 2a, is £3.5 billion. The benefit-cost ratio is £2.30 for every £1 spent. There will always be people—we have heard some today—who will never support the project because of its impact in their constituencies, but we must not deny the positive impact it will have on the whole of our country.

I want to take a moment to refer to some of the contributions to the debate before I get to the new clauses. I know that hon. Members will be listening very closely to the words I use. My hon. Friend the Member for Stafford (Jeremy Lefroy) has been an incredibly passionate advocate for his constituency. I wanted to mention his staff member who has spent years dealing with constituent complaints, but I forgot his name.

Jeremy Lefroy Portrait Jeremy Lefroy
- Hansard - - - Excerpts

His name is James Cantrell. I am sure his situation is the same as that of staff in many other colleagues’ constituency offices.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

I want to put on the record my thanks to James for doing such fantastic work. My hon. Friend raised an important point. It should not be up to Members and their staff to continually liaise between HS2 and their constituents. It is HS2’s job to ensure that the community engagement is appropriate and done with humility and that cases are dealt with swiftly.

My hon. Friend once again challenged the budget. As I said, it is £55.7 billion. It is the job not only of the Department but of the chairman and the CEO to keep budgets tight. He also talked about spoil and its impact on traffic in his constituency. It is expected that 92% of excavated material generated by phase 2A will be used across the HS2 route and that 4% will be directed to local placement along the route. I am more than happy to meet him again to go through his issues and will make sure that Highways England is in the room as well. He mentioned three cases—the golf club, Hopton and Hanchurch. I have an update on all three and am more than happy to put them in writing to save time on the Floor of the House. If he wishes to meet, I can also provide him with an update then, but progress is being made. I understand from my notes that they are more or less satisfied with the arrangements made with HS2.

I welcome the support of my hon. Friend the Member for Copeland (Trudy Harrison). I agree about the transformative nature of public transport and its impact on national prosperity, which is why we are making such a significant investment in our railways. I remind her, because I know it is incredibly important to Copeland, that there will be more than £2.9 billion of trans-Pennine rail upgrades—the single biggest project commitment in control period 6.

My hon. Friend the Member for Congleton (Fiona Bruce) asked repeatedly what HS2 would do for her constituency. At its peak, there will be more than 300,000 people travelling daily on this line. It will connect eight of our top 10 cities. Two technical colleges are already in place to make sure that our youngsters and older people who want to reskill have a job for life. It will connect our country. I completely understand, as a constituency Member, how Members should and must fight for the best deal for their constituents, but this will be a transformative project. All the cases raised today by Members on both sides of the House of where HS2 Ltd is not acting as swiftly as it could be have been put on the record, and I will do my best to take forward any cases that remain undealt with.

I hesitate to respond to my hon. Friend the Member for Lichfield (Michael Fabricant) in case he makes a passionate intervention, but I cannot see him in the Chamber. No doubt he will come back in. I thank the hon. Member for Crewe and Nantwich (Laura Smith) for her support for the Bill. She referred to businesses. There are 2,000 businesses already involved on the line and 9,000 people working on the line, and 98% of the businesses involved in HS2 are small and medium-sized enterprises.[Official Report, 16 July 2019, Vol. 663, c. 8MC.] I have personally tasked HS2 with making sure that it makes it an easier process for smaller businesses to bid for projects. I want this project to transform not just large but small businesses, making it easier for them to pitch for work.

The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) spoke about investment in the north. I was lucky enough to be in the Chamber earlier with the Rail Minister, my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones), and I can confirm that we are investing more than £40 billion in our existing network. Network Rail estimates that about 100 cities and towns could benefit from new or improved rail connections as a result of HS2. As some of the passionate speakers have noted today, it is not an either/or project; we need HS2 as well as continued investment in our rail and road network.

I do not see my hon. Friend the Member for Stone (Sir William Cash) in the Chamber, so I will move on. As I am running out of time, I will now deal with the new clauses. I welcomed what the hon. Member for York Central (Rachael Maskell) said about new clause 1, but I do not recognise the need for quarterly reporting. I think that once I have explained why, she will agree with me.

Let me first say something about the environment. The project is already bound not to exceed the likely significant environmental effects that were assessed and reported to Parliament. The environmental statement clearly sets out our approach to the monitoring, reporting and mitigation of environmental impacts during the construction of the phase 2a scheme, and follows industry best practice. Most important, the monitoring and reporting of individual environmental impacts must be tailored to the impacts in question. During phase 1 we are already publishing monthly and annual reports setting out compliance with air quality and dust commitments, and similar monthly reports on noise and vibration impacts are published.

Subject to Royal Assent, local environmental and management plans will be developed for each local authority along the phase 2a route. They will explain how the scheme will adapt to and deliver the required environmental and community protection measures in each local authority area. If we make a decision here today, we will tie the hands of local authorities, which will not be able to engage in important discussions. We should not, here in London, impose something separate and arbitrary that may not be locally appropriate. When authorities have those conversations with HS2 Ltd, they can make arrangements to receive monthly reports.

Contractors working for HS2 Ltd will be required to comply with the measures in the local environmental management plans in order to meet the environmental minimum requirements. HS2 Ltd will also consult statutory agencies and independent experts, such as the HS2 ecological review group, which will advise on the monitoring regime and report impacts on ecology and biodiversity. The hon. Lady said a lot about the need for local engagement, local empowerment and monthly reports. All that can and will take place if we allow it to happen, as it has in relation to other parts of the line. She may not have been aware that that was happening, but I think she will agree that if we accept her new clause we will not only increase costs, but create an unintended consequence whereby local authorities will lose their monthly reporting.

New clause 2 proposes a compensation scheme for tenants. We discussed that in the Public Bill Committee on 25 June, when I responded to a similar proposal. As I said then, the starting point is that the land compensation code does not shut out those who hold land, whatever the duration of their tenancies. It does not bar them from compensation. We have a responsibility to be absolutely accurate when we are talking about policies and the support that is provided. We may make people even more nervous about coming forward if they do not know what measures are available.

Most types of tenancy are already provided for under existing compensation, if they are impacted by the scheme. When they are not, the Government can use their flexible, non-statutory compensation arrangements to provide support where appropriate in a typical case, which is the category into which most of these cases will fall. The amount of compensation payable is set by the Ministry of Housing, Communities and Local Government. It applies to all Government-led infrastructure projects, and not just to HS2. Those arrangements have been debated, agreed and set by Parliament, together with a vast body of case law on the subject.

The hon. Lady may not be aware that HS2 Ltd has published a useful information note—“C15: guide to compensation for short term residential tenants”—which covers atypical cases. I am more than happy to sit down with her and explain it. I am also more than happy to ensure that, if necessary, the position is communicated to local community engagement forums as effectively as possible. I have previously hosted events in the House to enable Members on both sides of the House to manage particular scenarios with their constituents.

Cheryl Gillan Portrait Dame Cheryl Gillan
- Hansard - - - Excerpts

I apologise for missing the start of the Minister’s speech. I was chairing a debate in Westminster Hall.

Can the Minister assure me that the property registers and the holdings of properties will be accurate? I was recently given two lists of properties in my constituency that had been bought by HS2 Ltd, and they did not match. Properties that were missing from the second list had appeared on another list some years earlier. Can the Minister assure me that she will update the property registers, and will ensure that they are accurate in the first place?

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

My right hon. Friend has raised the important issue of transparency and the need for data to be up to date. Members of Parliament who are working hard for their constituents need to know exactly what data they are speaking about. I shall be happy to ensure that any case that my right hon. Friend raises is dealt with by HS2 Ltd, and also to ensure that there is even greater clarity about the compensation packages that are available.

Let me now deal with new clause 4. Phase 2a has been under independent scrutiny since its conception. All elements of high-speed rail have been subject to scrutiny since the outset, not least in the House, through the petitioning process, through Public Bill Committee scrutiny and debate, and also through independent scrutiny conducted by the Infrastructure and Projects Authority and the National Audit Office.

Let me assure the House that, while HS2 is making huge progress in supporting 9,000 jobs across the country and being backed by businesses and business leaders in the midlands and the north, we will continue to scrutinise the project. HS2 will boost economic growth across the UK, and we are already seeing the benefits in the midlands and the north. However, I do not see the benefits of a further environmental assessment, given that we have already consulted extensively. That includes a seven-month consultation on the route back in 2013, a scope and methodology consultation in preparation for the environmental impact assessment in 2016, a consultation on the working draft of the environmental impact assessment—also in 2016—a consultation on the environmental statement deposited alongside the Bill in 2017, and two more consultations on the environmental statement and supplementary environmental statement alongside the additional Bill provisions in 2018 and 2019.

I hope Members agree that a huge amount of scrutiny has already taken place. There is also a board, which was strengthened last year by a new chairman, Allan Cook, who works closely with the executive to review the capability and capacity of HS2. It is the job of the chair and the board to ensure that the entire programme continues under scrutiny. I do not see what more another review will achieve, apart from adding another layer of bureaucracy and another cost, given that there have already been so many.

Let me now deal briefly with new clause 5. I thank my hon. Friend the Member for Eddisbury (Antoinette Sandbach) for being so patient. She has cited some very complicated cases, some of which have taken a long time to resolve. I can only apologise on behalf of HS2 Ltd if it has not worked as efficiently as possible with her constituents, or in providing information about local schools.

Owen Paterson Portrait Mr Paterson
- Hansard - - - Excerpts

Will the Minister give way?

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

Very briefly.

Owen Paterson Portrait Mr Paterson
- Hansard - - - Excerpts

If my hon. Friend the Member for Eddisbury (Antoinette Sandbach) presses her new clause, will the Government encourage other Members to support it? While I have the Minister’s attention, may I also ask her to address my point about schedule 17, which deals with the Town and Country Planning Act 1990? The local council must give permission for more than 24 heavy vehicles per day to travel down a route. My constituents in Woore will be afflicted by 300 per day.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

I completely understand my right hon. Friend’s frustration with the impact that the build is having on his constituency, but I am sure that he and his council would agree that this is better done sooner rather than later. I am more than happy to sit down with him to go through the lorry movements in his constituency.

On new clause 5, I assure my hon. Friend the Member for Eddisbury that non-disclosure agreements are used for good reason, and not for any underhand purposes. I hope that when I list some of the good reasons for their use, she will understand—[Interruption.]

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - - - Excerpts

Order. The Minister is trying to address points made in the debate, so it would be appreciated if we could listen to what the Minister is saying; there is a lot of chatter.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

Thank you, Madam Deputy Speaker. The NDAs that HS2 has are fundamentally to ensure that it can continue to work with businesses, communities and local authorities on issues that are competitive and sensitive. They enable conversations with companies and local authorities about options under consideration. They allow HS2 Ltd to make better recommendations to Government, and to develop better proposals, because it has had access to the right information when making decisions.

We must not forget that NDAs provide value to the taxpayer by reducing uncertainty and by helping to reduce generalised blight. For example, HS2 Ltd entered into such agreements with local authorities in the early stages of exploring route options. I am more than prepared to ensure that HS2 Ltd, if it is able to, sits down with my hon. Friend the Member for Eddisbury and goes through every NDA case that she wants to bring forward. HS2 Ltd is not exempt from the national whistleblowing policy in primary legislation. It has not entered into any NDAs with any HS2 staff.

Antoinette Sandbach Portrait Antoinette Sandbach
- Hansard - - - Excerpts

HS2 has a number of subcontractors and contractors, and it has entered into NDAs with them. Under my new clause, an independent assessor would assess past NDAs. HS2 is incapable of even saying, in reply to a freedom of information request, how many NDAs it has. Given that it cannot comply with that request, I am concerned that the Minister is not in receipt of full, accurate information.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

I would uphold my hon. Friend’s concerns if they were valid. As I have said to her, HS2 Ltd has not entered into any non-disclosure agreements with HS2 staff, but when it is business-critical, it needs to be able to have confidential conversations. Agencies have to agree to NDAs. There are also processes in place; two sets of legal teams provide review. I am not sure that my hon. Friend wants an outcome in which a third legal team is put in place. That will not really help what she is trying to achieve, which is ensuring that HS2 does not have one-on-one NDAs; there are none of those with staff on the project.

Ivan Lewis Portrait Mr Ivan Lewis
- Hansard - - - Excerpts

Will the Minister confirm that what she said to the House a few moments ago is true—that no former member of HS2 staff has an element of non-disclosure in their redundancy package?

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

I cannot speculate on why people are made redundant. I can confirm that no member of staff is subject to a non-disclosure agreement.

Antoinette Sandbach Portrait Antoinette Sandbach
- Hansard - - - Excerpts

The Minister has explained why it is important for the efficiency of HS2 that it should have NDAs, but does she think that is right if it comes at the cost of constituents being able to respond to consultations? What if, for example, a council is withholding information under an NDA, or if employees who are at risk of losing their jobs at an affected site find that their company is covered by an NDA, and information cannot be disclosed to them? The NDA must surely be subject to a public interest test.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

I feel that my hon. Friend is talking about particular cases in her constituency, on which I am more than happy to provide further information. I will work with her to ensure that she is able to represent her constituents, and that they get satisfactory responses from HS2 Ltd. It takes part in many local engagement events; it has met several thousand residents up and down the country. I do not believe that new clause 5 will deliver what she is asking for.

John Redwood Portrait John Redwood
- Hansard - - - Excerpts

Will my hon. Friend give way?

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

I am running out of time; forgive me.

New clause 5 would slow down the process, and I do not think that it would work effectively. There is already a statutory framework in place for HS2, which includes the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. The new clause is designed to prevent HS2 Ltd from acting as a commercial organisation, and tries to prevent it allocating most of its money, which, I remind everyone in the House, is from the public purse, directly to the programme. Unfortunately, I therefore cannot support the new clause tabled by my hon. Friend the Member for Eddisbury.

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

I have listened carefully to the Minister, and in the light of the power of our new clause 4, I withdraw new clause 1.

Clause, by leave, withdrawn.

New Clause 4

Independent peer review

‘(1) The Secretary of State must commission an independent peer review of the High Speed Rail (West Midlands to Crewe) project.

(2) The review must include consideration of the project’s—

(a) environmental impact,

(b) economic impact,

(c) engineering, and

(d) governance.

(3) In this section, “independent” means it is carried out by persons who are independent of—

(a) Government,

(b) HS2 Ltd, and

(c) persons contracted or subcontracted to carry out the scheduled works.

(4) In this section, a “peer review” is a review conducted by experts of equivalent professional qualifications, expertise and standing to the persons responsible for each aspect of the project set out in subsection (2).

(5) A report of the review in subsection (1) must be laid before the House of Commons within 12 months of this Act receiving Royal Assent.’—(Rachael Maskell.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.

--- Later in debate ---
19:36

Division 433

Ayes: 213


Labour: 190
Independent: 7
Liberal Democrat: 7
Conservative: 6
Plaid Cymru: 2
The Independent Group for Change: 1

Noes: 253


Conservative: 246
Democratic Unionist Party: 6
Independent: 1

--- Later in debate ---
19:49

Division 434

Ayes: 217


Labour: 189
Conservative: 12
Liberal Democrat: 7
Independent: 6
Plaid Cymru: 2

Noes: 246


Conservative: 239
Democratic Unionist Party: 6
Independent: 1

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - - - Excerpts

Consideration completed. I will now suspend the House for no more than 10 minutes in order to make a decision about certification. The Division bells will be rung two minutes before the House resumes. Following my certification, the Government will be tabling the appropriate consent motion, copies of which will be available shortly in the Vote Office and will be distributed by Doorkeepers.

--- Later in debate ---
Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - - - Excerpts

I can now inform the House that I have completed certification of the Bill, as required by the Standing Order. I have confirmed the view expressed in Mr Speaker’s provisional certificate, issued on 24 January 2018. Copies of my final certificate will be made available in the Vote Office and on the parliamentary website.

Under Standing Order No. 83M, a consent motion is therefore required for the Bill to proceed. Copies of the motion are now available. Does the Minister intend to move the consent motion?

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England) (Standing Order No. 83M(3)).

[Dame Rosie Winterton in the Chair]

--- Later in debate ---
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

I beg to move, That the Bill be now read the Third time.

In 2015, the Government decided to accelerate the construction of the section of High Speed 2 between the west midlands and Crewe. This has become known as phase 2a. Our intention is to open this section of railway earlier than the rest of phase 2, to start bringing the benefits of the new railway to the north as soon as we can. Today, we can give an unequivocal statement that we are investing in our rail network, and in the midlands and north of England. This House has already given its backing to the building of phase 1 of High Speed 2, paving the way for the first new railway north of London in more than 100 years. Our creaking rail network, which the Victorians took the bold step of building, has continued to serve us well, perhaps beyond the dreams of the visionaries who brought it to us. However, it is bursting at the seams, with more passengers than ever before, and certainly more than were ever envisioned. We have exhausted the options for just “improving” our existing west coast main line; 60% of the peak capacity from the £9 billion west coast route modernisation project, completed as recently as 2008, had already been used by 2014, so we can have no more sticking plasters.

I am delighted that the Bill for phase 1 received cross-party support. High Speed 2 was a 2017 manifesto commitment of not just my party but Her Majesty’s official Opposition. We all recognise that High Speed 2 is needed, not least because it will reduce congestion on our important rail transport arteries—it will also increase capacity. Adding an entirely new line between the west midlands and Crewe will increase capacity elsewhere on our existing rail network.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

I will be delighted to give way to my hon. Friend, as I referenced him earlier, but he was not in the Chamber.

Michael Fabricant Portrait Michael Fabricant
- Hansard - - - Excerpts

I think that if my hon. Friend, and she is my friend, had been in the Chamber earlier, she would have heard a number of interventions. May I invite her to check Hansard? Perhaps she is forgetting that I was in the Chamber. Perhaps now I should ask my question. She will know that there is no direct benefit to Lichfield, because the train does not stop in the area. She will also know, because I gave her a copy of a motion that was passed by Lichfield District Council, that it asks that

“all enabling works for HS2 in Lichfield District should be paused until the notice to proceed to main works…has been approved.”

It has not been approved yet and will not be until December. May I ask her to comment on that and reassure my local council that no works will go on in the district?

--- Later in debate ---
Rosie Winterton Portrait Madam Deputy Speaker
- Hansard - - - Excerpts

I thank the hon. Gentleman for that point of order. I think we should now probably just resume the debate.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

I am not sure who is chastised there, Madam Deputy Speaker, but I am pleased to see that my hon. Friend is in his place. The notice to proceed and the business case will be in the public domain later this year, which is why we need to have enabling works, so that they support the “pre” work that needs to take place before the line can be built. I know that my hon. Friend loves progress and speed, and he would like our country to be seen as a progressive country that connects cities to cities. He will want to see this line built as fast as possible and he would never want to be held responsible for slowing it down.

Steve McCabe Portrait Steve McCabe
- Hansard - - - Excerpts

The Minister will no doubt be aware, as are other Members, of how often the hon. Member for Lichfield (Michael Fabricant) likes to refer in this Chamber to the wise words of the Mayor for the West Midlands Combined Authority. Does the Minister think he may be interested to know that when I met the Mayor this morning he was extolling the virtues of HS2, and insisting how important it was for his work and for the benefit of the entire region?

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

The hon. Gentleman raises an important point, which gives me an opportunity to put on the record the phenomenal support that Andy Street gives this project. I do not doubt that my hon. Friend the Member for Lichfield will have to try to deal with that later on.

None Portrait Several hon. Members rose—
- Hansard -

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

I am afraid that I am going to have speed on and perhaps not take any more interventions.

As I have said before, the intention is to smash the north-south divide. This line is about progress, opportunity and skilled jobs, and radically improving connectivity between not just London and the midlands, but the midlands and the great cities of the north—it is about connecting eight of our 10 largest cities. This is more growth in the UK economy, more skilled jobs and more opportunities. In particular, these new opportunities will be brought to the midlands and the north earlier than before.

We debated the principle of the Bill thoroughly on Second Reading in January 2018, when we voted overwhelmingly for the Bill and commended it to a special Select Committee. As we know, phase 2a will take HS2 to the north. It is the enabler for phase 2b and the northern powerhouse rail. I must take a moment to thank my hon. Friend the Member for Rochford and Southend East (James Duddridge), who ran the Committee that oversaw that work on this phase of the Bill. The Committee received 302 petitions, which it had to work through. I apologise for not mentioning him during our earlier debate and I hope he will recognise our recognition of and respect for all the work undertaken by him in chairing that Committee.

As we know, the phase 2a Bill will help to take this project even further north and it is the enabler for phase 2b and the northern powerhouse rail. Without this section of the line, we cannot make progress towards a three-hour journey time to Scotland. Colleagues from across the House will know how much support there is for these two projects among business and local authorities.

I have said it before and I will say it again: there is no either/or between the second phase of High Speed 2 and northern powerhouse rail. High Speed 2 is vital to the provision of the network improvements that northern powerhouse rail will build on. I encourage all Members of this House to visit the places benefiting from High Speed 2 to hear the enthusiasm for the project—these include Birmingham, which I have no doubt my hon. Friend the Member for Lichfield will be visiting soon— and to hear about the ambitious growth strategies at first hand. Leeds intends to use High Speed 2 to almost double the size of its city centre. The east midlands wants to use Toton to attract new homes and jobs; the Toton innovation campus has the potential for up to 10,000 new jobs to be created. Manchester’s continued prosperity can be ensured by High Speed 2 trains calling at Manchester Airport and Manchester Piccadilly. None of that is possible without the support for this legislation today.

This short section of railway will take trains beyond Birmingham, bringing the High Speed 2 network one step closer and unlocking phase 2b and northern powerhouse rail. We must not forget the two bespoke colleges, one in Doncaster and one in Birmingham, which are enabling more skilled young and older people to continue to build for our country. I do believe that we are responsible for bringing economic growth to our regions, and that is exactly what HS2 does, as well as improving capacity and connectivity between our great cities. I do believe we should be steadfast in unlocking the investment this project will bring. I, for one, want to look forward and be ambitious on behalf of our country. I want us to succeed as a nation, on the back of a high-speed, interconnected railway line. I urge you, Madam Deputy Speaker, my colleagues and the rest of the House to help support the next stage of HS2 railway by positively supporting the Third Reading of this Bill. I commend it to the House.

--- Later in debate ---
20:29

Division 435

Ayes: 263


Conservative: 210
Labour: 45
Democratic Unionist Party: 6
Liberal Democrat: 2

Noes: 17


Conservative: 11
Labour: 3
Plaid Cymru: 2
Independent: 1

Bill read the Third time and passed.

High Speed Rail (West Midlands - Crewe) Bill: Revival

(Limited Text - Ministerial Extracts only)

Read Full debate
Carry-over motion & Bill reintroduced & Bill reintroduced: House of Commons & motion to revive Bill: House of Commons
Monday 2nd March 2020

(4 years ago)

Commons Chamber
Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 15 July 2019 - (15 Jul 2019)

This text is a record of ministerial contributions to a debate held as part of the High Speed Rail (West Midlands-Crewe) Act 2021 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

Andrew Stephenson Portrait The Minister of State, Department for Transport (Andrew Stephenson)
- Hansard - - - Excerpts

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.

Andrew Percy Portrait Andrew Percy (Brigg and Goole) (Con)
- Hansard - - - Excerpts

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?

--- Later in debate ---
Eleanor Laing Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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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.

Andrew Stephenson Portrait Andrew Stephenson
- Hansard - - - Excerpts

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.

Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
- Hansard - - - Excerpts

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.

Eleanor Laing Portrait Madam Deputy Speaker
- Hansard - - - Excerpts

Order. No, the right hon. Gentleman cannot talk about Grimsby. I call the Minister.

Andrew Stephenson Portrait Andrew Stephenson
- Hansard - - - Excerpts

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.

William Cash Portrait Sir William Cash (Stone) (Con)
- Hansard - - - Excerpts

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.

Andrew Stephenson Portrait Andrew Stephenson
- Hansard - - - Excerpts

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.

--- Later in debate ---
Andrew Stephenson Portrait The Minister of State, Department for Transport (Andrew Stephenson)
- Hansard - - - Excerpts

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.

Anthony Mangnall Portrait Anthony Mangnall (Totnes) (Con)
- Hansard - - - Excerpts

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?

Andrew Stephenson Portrait Andrew Stephenson
- Hansard - - - Excerpts

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.

John Redwood Portrait John Redwood (Wokingham) (Con)
- Hansard - - - Excerpts

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.

Andrew Stephenson Portrait Andrew Stephenson
- Hansard - - - Excerpts

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.

Geoffrey Clifton-Brown Portrait Sir Geoffrey Clifton-Brown
- Hansard - - - Excerpts

Will my hon. Friend give way?

Andrew Stephenson Portrait Andrew Stephenson
- Hansard - - - Excerpts

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.

Geoffrey Clifton-Brown Portrait Sir Geoffrey Clifton-Brown
- Hansard - - - Excerpts

On that point, will the Minister give way?

Andrew Stephenson Portrait Andrew Stephenson
- Hansard - - - Excerpts

indicated assent.

Geoffrey Clifton-Brown Portrait Sir Geoffrey Clifton-Brown
- Hansard - - - Excerpts

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?

Andrew Bridgen Portrait Andrew Bridgen (North West Leicestershire) (Con)
- Hansard - - - Excerpts

Will my hon. Friend give way on that point?

Andrew Stephenson Portrait Andrew Stephenson
- Hansard - - - Excerpts

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.

High Speed Rail (West Midlands-Crewe) Bill

(Limited Text - Ministerial Extracts only)

Read Full debate
Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 9th November 2020

(3 years, 4 months ago)

Grand Committee
High Speed Rail (West Midlands-Crewe) Act 2021 Read Hansard Text Amendment Paper: HL Bill 142-II Second marshalled list for Grand Committee - (9 Nov 2020)

This text is a record of ministerial contributions to a debate held as part of the High Speed Rail (West Midlands-Crewe) Act 2021 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

Lord Tunnicliffe Portrait Lord Tunnicliffe (Lab) [V]
- Hansard - - - Excerpts

My Lords, in general, we view the amendment favourably. It seems to have two points to it. The first is to try to secure some continuity, as spelled out by the noble Baroness, Lady Randerson. The concept of continuity in railway construction is a sound one. Unfortunately, it is a sound principle that we tend not to keep to. The key part of the amendment seems to be the question of whether Her Majesty’s Government will commit to building HS2 phase 2b to Leeds in full. For the avoidance of doubt, Labour’s answer is that we fully support the HS2 concept and the concept that phase 2b should be built to Leeds in full.

I think we already know what the Minister will say. Andrew Stephenson was asked this question in the other place on 22 October. He said that

“when the Prime Minister gave the go-ahead to HS2 in February this year, he said that we were committed to delivering phase 2b but how phase 2b was delivered would be subject to the integrated rail plan. We have been making significant progress with the integrated rail plan. Sir John Armitt and the National Infrastructure Commission have already published their interim report. We look forward to their further recommendations and to responding to them before Christmas.”—[Official Report, Commons, 22/10/20; col. 1213.]

That caused me to look up the interim report, since it seems central to how the question posed in the amendment will be answered. When I found it and skimmed through it, I came up with two questions. The first is very simple: when will the final report on this issue be published? The interim report promises that it will be published in November. It should be noted that Andrew Stephenson said that it would be published by Christmas. If it were published in November, it might be available before we get to Report, which would be extremely useful. When does the Minister expect the report to be published and when does she expect the Government’s response?

The other perhaps disturbing feature of the interim report is the commitment to a very different methodology from that used in the past. Essentially, what is said about a plan depends on the methodology and assumptions in the analysis that answers the question, to what extent and to what standard should the railway be built? Can the Minister assure the Committee that the methodology and assumptions will produce an answer no less favourable to the Leeds branch than those used in HS2? Put another way, if the criteria used in the original HS2 decision would say yes to Leeds but the new criteria say no, surely, this cannot be levelling up. I have seen precious few examples of levelling up, and a failure to build HS2 phase 2b to Leeds—indeed, a failure to build HS2 in full—surely is a statement that the commitment to levelling up is meaningless.

Baroness Vere of Norbiton Portrait The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
- Hansard - - - Excerpts

My Lords, I thank the noble Lord, Lord Adonis, for tabling the amendment and all noble Lords who have taken part in this first debate in Committee on the HS2 phase 2a Bill. Before I go any further, on behalf of the Government, I extend my sincere thanks to the Select Committee. I am particularly grateful that its members agreed to undertake hearings for petitioners virtually. That was the first time this had been done and the noble and learned Lord, Lord Hope of Craighead, and the other committee members did an incredible job in the most challenging of circumstances. Where petitioners chose to appear in person, the committee undertook hearings in a hybrid fashion and handled all the different ways of working with ease. I therefore put on record my thanks, and those of the Secretary of State and the Government as a whole, for its work and ensuring that we maintained momentum on this incredibly important Bill.

Turning, then, to the debate on this first amendment, I note that many noble Lords know what I will say. I hope I will not disappoint and that I will get my words right. The noble Lord, Lord Adonis, is a great and very knowledgeable advocate for HS2 and I thank him for his continuing support for and dedication to getting the railway built, and for setting out so passionately his reasoning. Despite my appreciation for the noble Lord’s tenacity, I do not see that the amendment is needed. I also feel that potentially, it is very unhelpful.

There is simply no benefit or technical justification for making the progress of work on this section of railway—a very short one of just 36 miles, going from the West Midlands to Crewe, also known as phase 2a —contingent on the deposit of a Bill for the eastern leg of phase 2b. While the Bill is part of a much bigger project, as noted by the noble Lord, Lord Liddle, the amendment would delay works on phase 2a by a significant period, given the scale and complexity of hybrid Bills and the time needed for their preparation.

All being well, if we can get this Bill through your Lordships’ House, we expect work to commence in the early part of next year. It will not surprise noble Lords to hear that there is a window in the early part of next year in which the work needs to start; much of it is environmental work that is sometimes limited by the time of year in which it can take place. We do not want anything to delay the passage of the Bill and, therefore, the start of the works for phase 2a. Secondly, those works are intrinsically linked to work going on in phase 1. As the noble Baroness, Lady Randerson, noted, continuity is really important. The two works will eventually proceed alongside one another. Therefore, it would be better to get the Bill through.

We have come a long way in the last 12 months or so since Second Reading. We had the Oakervee review, in which Douglas Oakervee said that the whole of HS2 should go ahead, but that the Bills for phase 2b —there will be Bills, not a single Bill—should not be introduced to Parliament before the publication of the integrated rail plan, which, as noble Lords will have heard me say before, is due to be published by the end of the year. Delaying the beginning of works on phase 2a until an eastern leg Bill has been deposited in Parliament would serve only to delay the phase 2a works and the benefits of HS2 reaching the north and the Midlands.

--- Later in debate ---
Lord Adonis Portrait Lord Adonis (Lab)
- Hansard - - - Excerpts

She can? Is it now the firm intention of the Government to split phase 2b and to have separate Bills for Crewe to Manchester, and then Birmingham to Leeds? The Government have made an extremely significant statement, if so.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
- Hansard - - - Excerpts

The noble Lord, Lord Adonis, will know that because the hybrid Bills sometimes prove so challenging to get through, if they are too large, it was one of the recommendations of Oakervee to produce smaller Bills. It is, therefore, yes, one of the things that the Government are looking at.

Lord Adonis Portrait Lord Adonis (Lab)
- Hansard - - - Excerpts

I was not aware that the Government had stated that it was now their policy. The Minister has said that it is a matter of government policy this afternoon and that there would definitely not be a single Bill, so is it now the Government’s policy to separate the two?

Lord Adonis Portrait Lord Adonis (Lab)
- Hansard - - - Excerpts

My Lords, I say to my colleagues and friends who lead local authorities and are MPs for constituencies in the east Midlands and Yorkshire that they should take careful note of that extremely significant statement, because what it means is—and just at that point, the Division Bell rings.

Lord Adonis Portrait Lord Adonis (Lab)
- Hansard - - - Excerpts

Is it not? It is the Commons? It is so confusing. What that means is that the east Midlands—which has all the challenges of deprivation and economic growth referred to by the noble Lord, Lord Bradshaw, in his opening remarks—and Yorkshire will now definitely be downgraded relative to the north-west in the construction of HS2.

The important point about the separation of the hybrid Bills is that it will not just mean that the phasing is now separated, which risks the continuity referred to by the noble Baroness, Lady Randerson, and my noble friend Lord Tunnicliffe—he has huge experience of constructing railways, as a former managing director of London Underground, so he absolutely understands this point. If the Bills are to be handled and passed separately, it is also very likely that there will be a substantial period between what is now to become phase 2b and phase 2c—Birmingham to the east Midlands, Sheffield and Leeds—even if the Government proceed with phase 2c. The separation of the Bills makes it all the more likely that phase 2c will be delayed for a substantial period beyond phase 2b.

I am grateful to the Minister for replying to the debate but I am more concerned after her remarks than I was before, and I hope that local authority and political leaders in the east Midlands and Yorkshire will have taken very careful note of what the Government have said today—a categorical statement that they intend to downgrade and possibly deny entirely the benefits of HS2 to the east Midlands and Yorkshire.

As I said, there is a problem of language here. The Minister said it was the Government’s policy to provide the benefits of high-speed rail to the east Midlands and Yorkshire. There is no way you can provide the benefits of high-speed rail to the east Midlands and Yorkshire unless you provide high-speed rail to the east Midlands and Yorkshire. The Government are using weasel words such as “benefits of” without making the commitment which must flow from that if these words are to have real meaning—actually to build the high-speed line. The Minister is smiling at me but the one thing she will not do, and has not done today, is make a commitment actually to build this railway. I say to her, as I say to the local authority leaders and MPs in these regions, that they must not accept a shedload of waffle from the Government about benefits, reviews, staging or integrated plans if there is not a commitment actually to build the railway.

At the end of the day there will either be a railway or not be a railway and the whole tendency of government policy at the moment is not to build the railway from Birmingham to Leeds, and that will have a really devastating impact on the society and economies of the east Midlands, Yorkshire and the north-east if that is the case. I make no apology for raising this issue. I will return to it on Report. But at this stage—does the Minister wish to come back? I am very keen that she does.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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She would like to very briefly come back. I will not take a shedload of waffle from the noble Lord, Lord Adonis, either. He has taken a simple statement—that a very large and complex Bill may be broken up into smaller Bills to make it more manageable—in a direction which certainly was not the intention of those words and I cannot believe he has been able to read that into them. Be that as it may, all I have done is confirm that one big Bill may be split into smaller Bills. That is it.

Lord Adonis Portrait Lord Adonis (Lab)
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Actually, the Minister has—

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Lord McNicol of West Kilbride Portrait The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)
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Just to clarify again: if the proposer of an amendment, in their winding-up remarks, raises a question for the Minister, the Minister may respond to it. We cannot have a further debate in Grand Committee under the current system.

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Lord Tunnicliffe Portrait Lord Tunnicliffe (Lab) [V]
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My Lords, I generally support this amendment, which is really about tone.

The noble Baroness, Lady Jones, and my noble friend Lord Adonis have touched on the question of the treatment of any burial sites and monuments that we come across. I felt sure that there was something, somewhere that requires HS2 to show some respect in this regard. My research shows that an information paper on burial grounds was published on 15 February 2019 for the Bill before us. Paragraph 3.1 states:

“Any human remains affected by the Proposed Scheme will be treated with all due dignity, respect and care. Any impact caused by works to construct the Proposed Scheme on human remains and associated monuments is an emotive and complex matter and HS2 Ltd and the Promoter recognise their duty to address the concerns of individuals and communities.”


The essence of that assurance is that any remains should be treated with

“all due dignity, respect and care.”

Had that been carried into the Bill, perhaps through some wording in the Explanatory Notes, one would feel that this would be handled sensitively. During the works for the Jubilee Line extension we did end up building through burial sites, and we were sensitive to how that was managed. I think that we caused no offence as a result.

Unfortunately, no reference is made to “dignity, respect and care” in the rest of that document. Nowhere in Schedule 20 is there any sense of that, nor is it set out in the Explanatory Notes. I hope that the Minister will find some way of assuring the Committee that those key cultural attitudes to burial sites will be carried through in the execution of the project.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, I thank the noble Baroness, Lady Randerson, for tabling this important amendment. As she will be aware, I wrote to her on this matter at the end of last week and I have shared that letter with other noble Lords who have spoken in the debate. When I am not taking HS2 Bills through the Lords, I am the roads Minister and am well aware that one can make finds at any point in the construction process. Highways England has very good systems to deal with this, and I am very pleased to be able to tell noble Lords that HS2 does, too.

However, it is worth pointing out that no gravestones, monuments, burial grounds or human remains have so far been identified along the phase 2a route. The noble Lord, Lord Liddle, and the noble and learned Lord, Lord Hope, mentioned that they had not come across this issue in the Select Committee, and that is why we do not expect to make such finds. However, as noted by the noble Baroness, Lady Randerson, and the noble and learned Lord, Lord Hope, that does not mean that such artefacts will not be there. Human remains and monuments are often discovered during construction and if this happens, requirements are already in place for HS2. They are set out in great detail in the Heritage Memorandum, which is one of the Environmental Minimum Requirements. There is also the phase 2a burial grounds, human remains and monuments procedure. These documents ensure that the right approach is taken—one very much in line with that set out by the noble and learned Lord, Lord Hope.

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Lord Tunnicliffe Portrait Lord Tunnicliffe (Lab) [V]
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My Lords, I have to admit that I barely understand this debate. I did my best to research it and it seemed to be about giving the promoter considerable flexibility to exercise powers under the TWA procedure to create opportunities for activity on land that might be outside the Bill, as well as other rights to do things. I am sure the Minister, briefed by her excellent team, fully understands what this is all about and I will be very grateful if she explains it to me, ideally in words of one syllable.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, I thought that the noble Lords, Lord Adonis and Lord Liddle, did a very good job of making many of my points for me. Then, of course, the noble and learned Lord, Lord Hope, came in and did a proper job on the matter in hand. I will play this with a straight bat and read out what I have here, which I thought I understood when I read it through over the weekend. I hope this will be helpful to the noble Lord, Lord Tunnicliffe. It was certainly helpful to me. When I got to the end of it I thought, “Right, I get this,” so here we go.

It is normal practice on major infrastructure projects such as HS2 or Crossrail that, during construction, further planning consent needs to be sought for details of the scheme that were not anticipated when it passed through Parliament. One of the means for doing this in relation to railway works is an order made under the Transport and Works Act 1992, known as a Transport and Works Act order.

During its construction, Crossrail has had three such orders, addressing changes in station design at Whitechapel, stabling arrangements at Plumstead and connections between platforms at Paddington, all of which arose from continuing discussions on the design and operation of the railway after the Crossrail Bill was enacted. Phase 1 of HS2 has had one Transport and Works Act order so far, in that case for new sidings near Calvert Green for use by a waste-to-energy facility. This was to honour an assurance given to the operator of the facility during the passage of the phase 1 Bill. The facility could not be included in the scheme because of the time needed to develop the proposals, which would have unduly delayed progress. As we build phase 1, it may be found that there is a need for more orders.

I will mention briefly the process that such a Transport and Works Act order goes through. The application for the order is submitted to the relevant Secretary of State—in England that would be the Transport Secretary and in Wales it would be the Welsh Government. The applicant must then make the application public by publishing notices in local newspapers, by writing to people directly affected, by posting notices near the works and by notifying specified organisations. If the scheme is large, the applicant may be required to hold public information events. It is clear that such orders go through a large amount of consultation.

People who wish to object then have six weeks to notify the relevant decision-maker of their objections. If there are many objections or if there are statutory objectors—those who are considered directly affected because their land is being bought compulsorily, for example—there may be a public inquiry. A recommendation on the application for the order will then be made to the Secretary of State, who will ultimately make the decision as to whether it should be approved. There may also be a need for the applicant to apply separately for planning permission, but that is another process.

If an application for a Transport and Works Act order were to be made in relation to phase 2a of the railway, Clause 49 would allow such an order to adopt, as necessary, any provision of the Bill so that the works were constructed within the same legal and planning framework as the rest of the scheme. Further, Schedule 1 to the Bill allows any engineering work shown on the plans and sections that were submitted alongside the Bill to be substituted by a work not so shown. Any such work would still be bound by the environmental minimum requirements of the scheme. What this amendment seeks is already addressed in the Bill.

However, we know that the amendment is not entirely about that. I know that the hybrid Bill process in this House can be a little frustrating. As I said to the noble Lord when discussing his amendment with him last week and as I will repeat now, it is accepted practice on the basis of fairness that, as the second House to consider the Bill, it cannot make amendments that would extend the powers in it; for example, to acquire new rights over land to change the route. This practice was confirmed by the noble and learned Lord, Lord Hope, as chair of the Select Committee that considered this Bill and by the noble and learned Lord, Lord Walker, who chaired the Select Committee that considered the phase 1 Bill in 2016. The Select Committee chaired by the noble and learned Lord, Lord Hope, also considered the suggestion that instructing the promoter to make an amendment to the scheme through a Transport and Works Act order would provide a valid alternative to taking powers in the Bill. The committee did not take this view.

I agree that this is the right approach. Such a committee directing the outcome of an application for a Transport and Works Act order without the formal application being made and therefore without any such change going through the process I described would be unfair. It would take away the opportunity for those who wished to object to have their concerns heard.

I agree with the conclusions of both committee chairs. It is right that if a Transport and Works Act order was necessary, any such order should be entirely outside the scope of the Bill, but I would add that any such order, being associated with phase 2a of HS2, should attract the environmental protections that this scheme offers. The amendment would do nothing to change the ability of the nominated undertaker to use a Transport and Works Act order to amend the scheme; nor would its use in a future HS2 Bill allow the Select Committee in the second House to adopt a different approach. The Bill makes sure this is the case. I trust that this fully explains the stance that the Government take on this matter.

However, I am given to understand that the House authorities are considering a further consultation on the hybrid Bill process in the near future. If the noble Lord, Lord Berkeley, has an issue with that process, he may wish to participate in those discussions—I am sure that his input would be welcome. As such, I wonder whether he might withdraw his amendment.

Baroness McIntosh of Hudnall Portrait The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
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My Lords, I have had no requests to speak after the Minister, so I call the noble Lord, Lord Berkeley.

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Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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No, Lord Framlingham, you will speak after the Minister, so you will be the next speaker after this one.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, I thank the noble Lords, Lord Berkeley and Lord Tunnicliffe, for their amendments in this group. They have been grouped together as they cover the very important areas of transparency and accountability. The Government agree that these areas are absolutely vital; we must ensure that the project is successful, and transparency and accountability will be at the heart of that. Like the noble Lord, Lord Adonis, I believe that HS2 must always strive to do better. That is good practice for all organisations.

That is why the Government have committed to providing an update to Parliament every six months on the progress of HS2. The first update was provided on 13 October, as has been noted, and that report covers data reported by HS2 Ltd to the end of August 2020. A copy of the report has been placed in the Libraries of both Houses. Furthermore, HS2 Ltd provides detailed annual reports to Parliament, as required by the DfT/HS2 Ltd framework document. Noble Lords will be aware that as principal accounting officer, the Permanent Secretary of the Department for Transport is accountable to Parliament for capital contributions and resources provided by HS2. The noble Lord, Lord Berkeley, referred to a recent letter from the Public Accounts Committee to the Permanent Secretary setting out a number of requests and observations, and this is a prime example of holding the Government and HS2 to account.

Specifically on environmental matters, if it is felt that a contractor is not meeting the requirements of the environmental minimum requirements, there is a three-step process that can be followed. In the first instance, the issue can be reported to the nominated undertaker, which in this case would be HS2. Secondly, if the issue is not resolved satisfactorily, it can be escalated and reported to my department, which can direct HS2 to implement corrective action. Finally, the issue can be reported to Parliament: to the Speaker in the House of Commons or to the Chairman of Committees in the House of Lords. Furthermore, individuals and bodies can raise issues with Sir Mark Worthington OBE, who is the independent construction commissioner for both phase 1 and phase 2a. This ensures access to clear, impartial advice and enables strong scrutiny of the project.

I turn to the issue of ancient woodlands. I understand and I commend the interest taken in our invaluable ancient woodlands and veteran trees. In the development of the project, every effort has been made to avoid or reduce the impact on ancient woodlands. For example, following extensive engagement with the Woodland Trust, we were able to offer a number of assurances in relation to ancient woodlands and veteran trees. Those include the retention of Noddy’s Oak near Stockwell Heath in Staffordshire, along with five other veteran trees.

I welcome the comments of the noble Lord, Lord Liddle, because we believe that we have a productive relationship with the Woodland Trust and we want very much for that relationship to continue. There are some places where we have not been able to protect a veteran tree or a piece of ancient woodland, and of course this is regrettable. However, HS2 is putting in place all possible mitigations to safeguard our environment as a whole. The environmental statements already report the likely significant effects of the phase 2a scheme on trees and woodland habitats, including veteran trees and ancient woodland. They also set out the proposed mitigations and compensations for the likely effects of the railway. HS2 has published an ancient woodland strategy for the scheme that sets out the expected loss of ancient woodland habitat and the range of compensation measures being proposed in response to those losses.

I know that there are concerns about how contractors can be held to account in undertaking works in or near ancient woodlands. As I have outlined previously, if it is felt that a contractor undertaking works authorised by the Bill is not meeting the environmental minimum requirements, there are steps that can be taken to ensure that there is an investigation. If any corrective action is needed, it is taken, and ultimately these steps can include a report to Parliament.

The Department for Transport and HS2 have done extensive work to assess, document and publicise the impact of the proposed scheme on the ecology of our beautiful urban and rural landscapes. A number of noble Lords have gone into detail about veteran trees and ancient woodlands, along with the broader environmental impacts of HS2. I will write to them in more detail on this because there is a fair amount to cover on the no net loss commitment of HS2, along with other things that can be done in order to achieve some net gain. I will also add some information on costs. Unfortunately, I do not fully recognise the costs that were put forward by my noble friend Lord Blencathra. I am not entirely sure where they came from, so I will set those out in more detail. I will also add some information about the nature and timing of the various reports. I realise that quite a number of reports have been produced and that it would be helpful for all noble Lords to understand where we are. There will certainly be more on the environmental matters when the Government’s response to the report of the Select Committee is published, which will happen shortly before Report. Also, in relation to this, I will arrange a meeting for noble Lords, probably with the Minister for HS2, so that we can go into these matters in more detail.

I believe that the current level of reporting across the project, which has only very recently been revised, is proportionate and sufficient. It comes alongside increased oversight of the project by not only my colleague Andrew Stephenson, the HS2 Minister, but the ministerial task force chaired by the Transport Secretary, which includes ministerial colleagues from across government. Both these measures are relatively new. They need time to bed in and for the impact to be felt. I therefore invite the noble Lord, Lord Berkeley, to withdraw his amendment.

Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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I have received requests to speak after the Minister from the noble Lord, Lord Framlingham, and the noble Baroness, Lady Young of Old Scone. I call the noble Lord to make a short contribution.

Lord Framlingham Portrait Lord Framlingham (Con) [V]
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My Lords, I hope that your Lordships can now hear me. I speak in support of Amendments 4 and 9, proposed by the noble Lords, Lord Berkeley and Lord Tunnicliffe. I particularly thank the noble Lord, Lord Berkeley, for his tenacity and detailed, professional questioning of what I call a farcical project—HS2.

I am afraid I must remind the Committee that had my amendment to the HS2 Bill, which I proposed on 31 January 2017, been passed, HS2 would now be history. Unbelievable amounts of money would have been saved and much anguish and environmental damage would have been prevented. I had just 26 supporters on that day in your Lordships’ House, but two of them were uniquely placed to understand the project. The noble Lords, Lord Burns and Lord Macpherson, had been Permanent Secretaries to the Treasury; one under Gordon Brown and the other in the time of David Cameron and George Osborne. They were both so convinced that HS2 was a mistake that they voted to stop it, even at that stage.

It has often been said that HS2 is a vanity project, and that is true. It was conceived in what can be described only as a fit of misplaced enthusiasm, costed on the back of an envelope and somehow pushed through government, where, just like the emperor’s new clothes, no one seemed able or prepared to ask the most fundamental questions about its feasibility. From the beginning, Ministers have stubbornly refused to listen to any suggestions of shortcomings, whether about speed, capacity, environment, construction or cost. Money is no object. HS2’s chief executive Mark Thurston has said:

“I’m not worried about overspending”.


When asked on the radio what the Government were prepared to spend on it, the then Transport Minister, Chris Grayling, replied “Whatever it takes.” If it takes £100 billion, we could rebuild every hospital in the country for that kind of money. This ministerial refusal to listen is what is frustrating so many railway professionals and interested organisations. It is, quite frankly, ridiculous that Government Ministers are not treating with more respect the views of those eminently qualified to contribute to the issue.

When HS2 was first conceived, a large body of professional railway engineers wrote to the Minister offering to come and see him to share their concerns. He refused even to see them. The advice of people such as Michael Byng, a recognised expert in the field, is ignored and the Woodland Trust, the custodian of our ancient woodlands, finds it impossible to obtain the information it needs. I recently received a communication from an organisation that had given evidence to our House of Lords Select Committee. It said:

“Unfortunately, we do not consider that we have received a fair hearing and feel that the hybrid Bill process is not an appropriate method for making independent and valued engineering, environmental and economic judgments about something so important as the HS2 project. It is also deeply frustrating that HS2 Ltd’s case and the evidence of its witnesses, however technically weak, is automatically accepted as unchallengeable, as if it was the gospel.”


Even as we speak, I understand that HS2 is carrying out work at Euston station which may never be needed. It is a shambles. I am delighted to support the amendment of the noble Lord, Lord Berkeley, which would bring a degree of accountability and sanity to this chaotic project, but I will not hold my breath.

I am also very happy to support Amendment 9 in the name of the noble Lord, Lord Tunnicliffe. I am very grateful to the Woodland Trust for its very helpful briefing. It is quite intolerable that an organisation such as the Woodland Trust, custodian of our ancient woodlands, should find it so difficult to obtain information about what is happening to them. Our ancient woodlands are truly irreplaceable. Their soil structure, undisturbed for centuries, cannot possibly be recreated. The idea that they can be moved to other sites is laughable. No amount of tree planting can possibly compensate for the loss of our ancient trees. I have tabled Questions to try to discover the extent of the damage to date. I have been presented with the blandest Answers.

The amendment from the noble Lord, Lord Tunnicliffe, would ensure that HS2 has to account for the damage it does, with facts and figures, which at the moment are so hard to come by. When, in this environmentally sensitive world, it is doing so much harm to the countryside, the very least it should be expected to do is regularly report on its actions and their consequences.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I thank my noble friend for his comments. I believe I covered all the issues he raised in my earlier remarks. I have nothing further.

Baroness Young of Old Scone Portrait Baroness Young of Old Scone (Lab) [V]
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My Lords, I will make two brief points. I really do object to the way the noble Lord, Lord Adonis, accuses everybody who raises legitimate objections to anything as being against the project being built. Nothing could be further from the truth. My comments in particular are about environmental performance, not the project as a whole. I have never commented on the validity of the project as a whole. I wish he would stop putting everybody into that box.

I was also rather distressed by my noble friend Lord Liddle’s shock at the tone in which several noble Lords made their remarks. We need to be alert to the fact that although the Woodland Trust and other wildlife and environmental organisations are working alongside HS2 Ltd because that is the only way forward—jaw-jaw is always better than war-war—there is considerable dissatisfaction about HS2’s environmental performance in phase 1. It failed to identify a whole range of ancient woodland sites until prodded. It chose, for some inexplicable reason, to introduce a whole load of non-native species in its planting arrangements. It has continued to have impacts on temporary sites that probably could have been avoided, as the Select Committee pointed out. It has been very close to the line, and may even have gone over it, on damaging sites before getting necessary licences for things such as disturbance or destruction of bat roosts. It is not an easy relationship, but everyone in the environment movement—I am sure they would not mind me speaking on their behalf—wants to work with developers. We want a recognition from the Minister that the Department for Transport needs to indicate higher expectations of HS2 than, “It’s only a few ancient woodlands, it doesn’t really matter,” which is what I got from the Minister’s comments so far.

The Minister talked about the variety of complaints channels people can take up. Complaints channels are a bit like shutting the stable door after the horse has gone. We need more encouragement of an atmosphere of continuous open learning, acceptance of the need for improvement and to move on from that learning to implement things differently in successive phases, successive quarters or however long the reporting period might be. It was incredibly distressing, in the gap between phase 1 and phase 2a planning, to discover that the entire teams we had been working with on phase 1 had not passed that learning on to the teams planning phase 2a. We have to find a way to make sure that the operational learning that comes out of doing the job on the ground does not disappear, gets picked up and results in improved environmental performance.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I think my comments still stand. What the noble Baroness has outlined highlights the importance of a constructive and productive relationship between all environmental NGOs, including the Woodland Trust, and HS2. Building large-scale transport infrastructure is never easy. It is always a very challenging time. People with different interests will want different things and compromises have to be reached. I hope that the noble Baroness will join me, Minister Stephenson and other noble Lords when we go into environmental matters in a bit more depth after Committee stage and before Report. Perhaps I will be able to reassure noble Lords that HS2 is learning lessons and will take them forward into phase 2a.

Lord Berkeley Portrait Lord Berkeley (Lab)
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I am grateful for the opportunity to wind up the debate on these amendments. I thank all noble Lords who have spoken. The debate has ranged widely from those who, frankly, do not trust HS2 further than they can throw it and others who say that it is doing fine on reporting.

It is certainly true that the Government are trying to produce more reports, which many noble Lords think is a good start while others are less trusting—I suppose that in the end it comes back to trust. The environmental effect of a railway could be massively mitigated if the speeds of the trains were reduced so that it could go around ancient woodlands and avoid so many deep cuttings and embankments. That is something which the French learned 30 years ago, and I suspect that it is being learned for phase 2b—certainly for the east side, maybe the west side as well—but my noble friend Lord Adonis will then complain that the trains are not going fast enough. That can be debated.

Some regular reporting is needed to provide the transparency that many noble Lords believe is necessary, me included. It needs to cover each phase, as well as the whole thing, and must cover all the things which are in my amendment and probably a few others as well. Yes, there is an independent construction commissioner, but to some extent that is shutting the stable door after the horse has bolted, although the commissioner does a really good job.

If we were to sit around the table and the Minister was prepared to do it, I am sure that some amendment or addition to the existing reporting could be achieved. However, the real question is this: is there sufficient trust among noble Lords for it to be done without some independent scrutiny, which I shall discuss when we come to Amendment 6? That is something to reflect on and it all comes back to trust. We have had a really good debate on it. The Minister said that she would be happy to talk between now and Report and we should take her up on it. I am sure that we can reach some compromise on reporting not just what has happened but what will happen in the future, or what is planned to happen, and any issues that may come alongside it.

I again thank all noble Lords who have spoken. We have heard a wide variety of opinions, which is great. In the meantime, I beg leave to withdraw the amendment.

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Lord Tunnicliffe Portrait Lord Tunnicliffe (Lab) [V]
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My Lords, this has been an interesting debate. My amendment was tabled to make sure that these important issues are fully debated. I have been rewarded, in the sense that we have had a debate to which people with a great deal of knowledge and experience have contributed.

When I headed up a large publicly owned enterprise, I faced the obligation of how you pay compensation. You are a guardian of the public purse, but nevertheless you want to be fair in an exemplary way, and that implies being on the generous end of the margins that the regulations and/or the law permit. Generally speaking we got that right, and generally speaking we were able to justify the generosity of some of our settlements by the fact that they went through smoothly with little litigation and no loss of public image.

What seems to be true here is the need for consideration of the whole framework. While the position with freeholders may be satisfactory, tenants in general in this area do not get a fair deal. I hope that the Minister will be willing to go beyond saying, “Well, this is what the regulations say,” to a recognition of the widespread feeling that, one way or another, tenants are particularly hurt by the present situation.

I have had a briefing from the National Farmers’ Union, which has already been repeated, and there seems to be a particular problem with agricultural tenancies. You can see the tremendous importance of security of tenure when it comes to farming. Indeed, as far as I can see from the briefings I have received, tenures were much more secure in the past but have become less so, and the compulsory purchase regulations do not in any way reflect the real impact that compulsory purchase can have on the ability of farmers to carry on trading and, if necessary, move farms in order to continue doing so. The whole value of the investment that they make in the land does not seem to be in any way represented in the compensation.

So I am very pleased for the support for my amendment. I agree in some ways with my noble friend Lord Adonis about the need to get this right. I hope the Minister will acknowledge that there is genuine concern in this area, promise to take this issue away and perhaps, once again, have some meetings before Report to see if we can have a meeting of minds.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
- Hansard - - - Excerpts

My Lords, this has been a very good and occasionally somewhat detailed debate; I will certainly be doing a follow-up letter when we have finished.

I want to say at the outset that while I agree that HS2 must always strive to improve, I do not recognise the claims by the noble Earl, Lord Lytton, of coercion in dealing with members of the public. If someone has evidence of coercion then we would very much like to hear about it so that we can deal with it properly, but we cannot do anything with unsubstantiated accusations and anecdotes.

I turn first to compensation for tenants, a subject covered previously at Second Reading. As I said then, most types of tenants are already provided for under the existing compensation law where they are impacted by the scheme. Where they are not provided for, the Government are able to use flexible, non-statutory arrangements to provide support. The Government have also committed to taking forward appropriate measures where the law is silent in discussions with stakeholders and residents if it is necessary to do so.

Matters of tenant compensation are complex because they depend on a person’s individual tenancy arrangements, and any compensation must balance the rights of the tenant with fairness to the taxpayer. It should, of course, be executed in a sensitive manner; I think all noble Lords would agree with that.

High Speed Rail (West Midlands-Crewe) Bill

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Thursday 12th November 2020

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Grand Committee
High Speed Rail (West Midlands-Crewe) Act 2021 Read Hansard Text Amendment Paper: HL Bill 142-II Second marshalled list for Grand Committee - (9 Nov 2020)

This text is a record of ministerial contributions to a debate held as part of the High Speed Rail (West Midlands-Crewe) Act 2021 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

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Lord Rosser Portrait Lord Rosser (Lab) [V]
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My noble friend Lord Berkeley has spoken about the purpose of his amendment, calling for an independent peer review of the section of the HS2 project covered by the Bill; namely, the connection to phase 1 at Fradley in the West Midlands and to the west coast main line just outside Crewe in Cheshire.

The most recent review—and it is recent—was the Oakervee review, which started off with my noble friend Lord Berkeley playing a prominent role, which then appeared to be downgraded as time went on, until at the end he seemed to be treated as a somewhat peripheral figure. Presumably this was not unrelated to my noble friend’s views about the review and its conclusions.

My Amendment 8 requires the Secretary of State to publish a cost-benefit analysis of HS2 within three months of the Bill becoming an Act, and then to

“publish a revised assessment in each subsequent twelve month period.”

I imagine that the Minister will oppose that but, if so, I hope she will be able to tell me that that is because this will be covered in the new six-monthly reports to Parliament. Obviously, I await her response.

However, I want to raise some points about costs. Are the committed costs for phase 1 now some £10 billion, with that figure being about a quarter of the Government’s estimated total cost of phase 1? If that is an accurate or reasonably accurate figure, would the Government expect committed costs to have already reached some 25% of the total cost of the phase before the permanent works have really got under way? What is the Government’s estimated cost of phase 2a and how much has already been spent and committed? What is now the expected completion date of phase 2a? Are the Government confident that their latest cost-benefit ratio figure for HS2 could never worsen as the project continues—and, one fears, costs rise—to the point where there would be a serious question about the case for HS2? An assurance on that point would be helpful. Is it the Government’s unequivocal position that once the Bill becomes an Act, phase 2a will proceed—no ifs, no buts?

Our position is, and has always been, one of support for HS2. It was no wonder that my noble friend Lord Adonis sought unambiguous assurances on Monday, which he did not appear to get, of the Government’s continuing commitment to complete the eastern leg of HS2 in full, to plan, from Birmingham through the east Midlands to Leeds. It was a Labour Government who got this project off the ground, thanks in particular to the drive and determination shown by my noble friend. However, there needs to be a proper grip on costs once specific figures for expected costs have been announced, which also means that considerable hard evidence-backed thought needs to be given to what, realistically, those expected costs are likely to be, and the same should apply as far as the benefits are concerned.

I suspect that the Government recognise that. In a letter to me of 16 October the Minister said:

“The Government have strengthened the arrangements for governance and accountability for the HS2 project. There is now a dedicated Minister, a cross-government ministerial group and a six-monthly report to Parliament.”


Is the appointment of a dedicated Minister an admission that there has been insufficient ministerial involvement and oversight of the HS2 project and its costs by the Department for Transport for a significant part of the past 10 years? That is what it sounds like. If so, why did Ministers allow that to happen and to drag on for so long? Does the creation of a cross-governmental ministerial group mean an acceptance that there will have been no proper co-ordinated cross-government policy-making at ministerial level and oversight on HS2, including its costs, for a significant part of the past 10 years? Once again, that is what it sounds like. Again, I ask: if so, why did Ministers allow that to happen and to drag on for so long?

I would like to know why the Government think that these new arrangements will strengthen governance and accountability. In what way is governance being strengthened? What particular deficiency in the previous governance arrangements will be plugged by these new arrangements? What positive impact on the HS2 project do the Government expect to result from these new arrangements? In what way do the Government believe that accountability will be strengthened by these new arrangements? Who and what will become more accountable and to whom? What benefits do the Government expect to arise from this strengthening of accountability for the HS2 project? What will be the impact of the strengthened arrangements for governance and accountability on the costs of HS2? If it is expected to be positive—and I assume it is—why will these new arrangements involving Ministers enable costs to be better controlled than they have been under the existing arrangements?

The first of the six-monthly reports to Parliament has reported a further £800 million increase in costs over six months. Are the Government satisfied that the reasons given in the report for the increase in costs could not have been identified much earlier with more extensive preparatory work? If the Government’s answer is that they are satisfied that that is the case, that seems close to an admission that they really do not know what the final cost of HS2 will be since, presumably, further major unexpected developments or problems could continue to arise all the time. If that is the case, we can only hope that such developments and other potential issues affecting costs do not end up exceeding the contingency provision that has been made because, as we have seen and know, opponents of this project are reinvigorated every time there is an announcement of a further non-budgeted increase in costs. That is why controlling costs is important.

I hope that the Government will be able to give some clear answers to the questions I have asked and will explain why and what they believe the new arrangements referred to in the letter of 16 October will deliver in respect of strengthened governance and accountability and much better control over costs of a project we continue to support.

Baroness Vere of Norbiton Portrait The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
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My Lords, when I saw the first group for this second day in Committee I thought, “This is going to be Second Reading territory” and, lo and behold, it was the case. I thank all noble Lords for their contributions, which went slightly wide of the amendments in the group, which are essentially about reporting, not about whether or not HS2 should go ahead, although we had a little run around that track as well. I note that the last group on the Marshalled List today is about party walls, and I find that a very exciting prospect and very much hope that we will get there.

As I outlined in my previous responses about the Government’s recent changes to transparency and accountability, we are putting these at the heart of everything we are doing on HS2 because we believe that enhanced reporting measures and ministerial oversight will help. That is not to say that there was a significant deficiency previously, as was suggested by the noble Lord, Lord Rosser, but that with all these things good governance is very hard to achieve and incremental improvements to governance structures should be made when they are deemed appropriate.

On Amendment 6, about another report, I think I share the feeling of some noble Lords who have spoken: “Not another one.” There have been several reports on HS2. I believe it is now time to get on and get it built without having another report. Most recently we had the report from Doug Oakervee and his panel and the recommendations therein. The noble Lord, Lord Adonis, mentioned some of the people involved in that report, and I think we all agree that they are people of very high calibre. Indeed, they include the noble Lord, Lord Berkeley. He was on that panel and, as was and is his right, he published his own dissenting report, which of course the Government read and took note of. Is it time now to have yet another report on HS2? I believe that is not the right thing for us to do. We should be looking at the conclusions of the last report, which was written only recently, and putting them into practice. That is why we have Andrew Stephenson as the Minister for HS2 and why we have put in enhanced reporting requirements to Parliament.

The noble Lord, Lord Liddle, mentioned the HS2 board. It is already a strong board, but it has recently been enhanced by representatives from the Treasury and the Department for Transport. That is to make sure that HS2 remains absolutely focused on our priorities and the interests of the British taxpayer. We also have the integrated rail plan, of which the noble Lord, Lord Adonis, is such a fan. That plan is in development and will make recommendations on how best to deliver high-speed rail in the north.

Therefore, the Government do not agree that we need a further report or review—call it what you will— into HS2 at this time. There will be a significant amount of scrutiny to come in any event, given the existing arrangements.

On the amendment tabled by the noble Lord, Lord Rosser, as I have explained, a new reporting regime has just been put in place that commits the Government to report every six months. The first one was published last month and updated the House on costs and schedule.

I will sidetrack slightly, if I may, on the issue of costs and schedule because I am doing a lot of work around this as there are quite a lot of major projects in my portfolio. In this country, we have a slight issue that we expect to know exactly what the cost and schedule will be on day one. That is not even day one of the build. We seem to want to know what they are going to be on day one when someone has only just thought of the project. That is absolutely impossible with these sorts of large engineering projects.

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Lord Adonis Portrait Lord Adonis (Lab)
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Sorry: I was not quite sure who I was supposed to email under this complicated regime. I emailed someone, but clearly the wrong person.

Perhaps I could ask the Minister a question. She gave she gave a compelling response as to why we should not have a review. She was less convincing in response to my noble friend Lord Rosser about cost/benefits, because costs and benefits change over time, which was part of the point my noble friend was making. The noble Lord, Lord Framlingham, was so concerned that we should pay attention to cost/benefits; can the Minister confirm that when it comes to the next review of cost/benefits, it is very important that the costs of upgrading the three principal lines running north from London—the west coast main line, the Midlands main line and the east coast main line—will be set against the costs if HS2 does not proceed? All the estimates made of those costs are that they are huge and should not be discounted in any future cost/benefit analysis.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I thank the noble Lord for that intervention, but what he notes are the counterfactual opportunity costs of not having to do those upgrades. I am not sure how they would factor into a standard cost/benefit analysis, but it is certainly the case, as he pointed out, that they would be fairly costly and that HS2 brings not only speed but capacity.

Lord Berkeley Portrait Lord Berkeley (Lab)
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My Lords, I am grateful to all noble Lords who have spoken to this group of amendments, and I will try to be as quick as I can, because I know we have a lot to get through today. The comments by the noble Lord, Lord Liddle, and the noble Baroness, Lady Randerson, about the need to have an effective HS2 board are absolutely right; that may well be one solution. As the Minister said, things are improving—we must see how it goes, but it is a good start.

It was interesting that my noble friends Lord Snape and Lord Adonis talked about having too many reports on railways. They are quite right but, as they both said, the Minister is undertaking one at the moment on the east side of phase 2B. That follows the Oakervee recommendation; paragraph 3.7 says that the Government should

“establish a further study to be completed by summer 2020”—

well, it is a bit late—

“to develop an integrated railway plan embracing 2B alongside an integrated railway investment programme for the Midlands and the North”.

That is a really good idea, but now to expect to have one enormous hybrid Bill covering the whole lot, as my noble friend Lord Adonis is suggesting, is not really sensible. It would be double the size of the phase 1 Bill, and that took long enough anyway.

I also respond to my noble friend Lord Snape—or perhaps it was my noble friend Lord Adonis—about the people on the Oakervee review. It is worth reminding ourselves that we had only two months to do this, and the terms of reference were slightly unusual for such a study and did not include anything about the environment —we added something, probably at my suggestion. That was one reason for suggesting that another review, done independently, might be a good idea to cover those matters. I will not go into the likely or actual opinions of the members of the review panel, because, as a result of their diaries, they were unable to spend a great deal of time on it, although they contributed a lot. Anyway, we are where we are, and the Oakervee review got published. There is always an issue with independence. A couple of people who I suggested should join or provide evidence to the review said, “If we do that, we might get blacklisted by the Department for Transport for future studies”. I will not name names, but that was a fear that people had.

It is all over now, and we have had a good discussion. Of course, I will not press the amendment and I look forward to continuing discussion on reports and information, cost/benefits and the environment. I beg leave to withdraw the amendment.

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This is a very murky and secretive area of NDAs. I share the view expressed that there are circumstances when they are needed and are fully justified—I am sure there are—but when one sees the number in relation to HS2, one is entitled to ask whether they have not got a bit out of hand and are being used in instances for which NDAs were not originally envisaged. Are they perhaps being used for the interests of the parties concerned, and have we forgotten that, where there is any doubt, transparency and the public interest should take priority, which is surely what good governance is in part about and which the Minister has said in earlier debates is what the Government want to strengthen in relation to this project?
Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, non-disclosure agreements, or NDAs, are entered into voluntarily with the consent of both parties. In the case of the HS2 programme, NDAs are used for good reason and in the public interest. For example, NDAs may allow HS2 to have open and frank conversations with stakeholders, including local authorities and businesses, on a range of plans and proposals—these are not firm schemes but plans and proposals; they are things that may come to pass or may not. By doing so, it has better access to the information it needs to inform the proposals then put forward. If all possible developments are public at all times, the alarm and concern created in local communities would be simply extraordinary.

NDAs provide huge value to the taxpayer and local communities by reducing generalised blight that would happen otherwise. HS2 entered into agreements with local authorities as part of the very early stages of exploring the different route options. This protected swathes of the country from suggestions of new infrastructure. What would have happened had those suggestions come out? Property values would have plummeted, yet most of those suggestions were just that—suggestions—and they would never have come to fruition.

The private nature of such conversations is helpful. It reduces worry and uncertainty for those affected by the scheme. The use of NDAs also protects the public’s private and personal data. Sometimes, it is necessary to share information between organisations. For example, there might be concerns about somebody’s welfare. HS2 has a duty of care but also needs to share such data in compliance with the law. NDAs allow this to happen. Protecting personally sensitive and project-related data in this way allows the project to avoid affecting property values unduly and to protect individuals’ rights. I am confident that the use of NDAs by HS2 is in the public interest. It is not a way to avoid transparency; it is a way to ensure that HS2 is able fully to scope the costs of the various proposals in a confidential manner and to ensure that whatever proposals are eventually put on the table are those most likely to succeed, while minimising the alarm caused in areas which, frankly, do not need to be alarmed because they were not in the end chosen.

The need for an independent assessor to testify to the public interest has been discussed extensively and considered by the Secretary of State for Transport during the passage of this Bill, including whether it might be pertinent to appoint further observers or implement a new complaints procedure. The conclusion has been that it is right that those who wish to do so should have the opportunity—they do not have to do it—to enter into an NDA with HS2 Ltd. In this sense, people who are affected by the scheme should be allowed to protect themselves and their private conversations with HS2 without concerns that their data will be shared with a third party. Just because these private agreements are just that, private, does not make them invalid or an illegitimate form of protection for the parties—it does not make them shady, as has been the impression I have been given by the speeches of some noble Lords. They are voluntary agreements that can be entered into for various reasons.

If an independent assessor were appointed to scrutinise such agreements, they would be breaching the privacy of those agreements. The appointment of an assessor would effectively prevent the sharing of information on a confidential basis. This would cause delay, which noble Lords tend not to like. It would increase uncertainty —again, a bad thing—and costs for those affected by the project and the cost of the project itself, which is ultimately paid for by the taxpayer.

I want briefly to mention that there are established complaints procedures for members of the public who wish to have their concerns considered through independent scrutiny. As noble Lords are aware from day 1 of Committee, there is Sir Mark Worthington, the independent construction complaints commissioner. There is also the residents’ commissioner, Deborah Fazan, who is in place to hold HS2 to account for the commitments in the residents’ charter. She produces periodic reports on HS2 performance against those commitments. Within HS2, there is an established whistleblowing hotline, called Speak Out. Speak Out provides a route for staff, contractors and members of the public to raise concerns about any potential misuse of taxpayers’ funds.

The noble Baroness, Lady Kramer, mentioned that she would like a meeting. I would very much appreciate a meeting with her, although I might perhaps offer my colleague, Minister Stephenson, as the HS2 Minister. He would be better able to hear her concerns, because we need to get below the whole “Ooh, it’s a bit shady; 342—isn’t that too many?” I do not know: is it too many or is it too few? The whole point is: are the non-disclosure agreements the right ones, and are they reached voluntarily and for the right reasons?

I would like the noble Baroness, Lady Kramer, perhaps to have a meeting with my colleague, the HS2 Minister, to talk through some of the evidence and some of the things that may have happened in the past, which we have been able to remove, because of the steps that have been taken, and to discuss any ideas that she has for steps that we can take in future to ensure the requisite level of transparency—but also to protect the taxpayer and ensure that confidential conversations can take place when appropriate.

On the basis of my intervention, I hope that the noble Lord feels able to withdraw his amendment.

Baroness Watkins of Tavistock Portrait The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)
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I have received requests to speak after the Minister from the noble Lord, Lord Adonis, and the noble Baroness, Lady Kramer.

Lord Adonis Portrait Lord Adonis (Lab)
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The Minister’s response has been compelling. She is right to point up the importance of HS2 Ltd being able to discuss with local authorities confidentially different route options, treatment of works, and so on. That is completely correct. Of course, if that was not possible, HS2 probably would not be able to have some of those conversations, because the issues raised would be too sensitive. Therefore, I do not think that the case for this amendment has been made even in principle.

I note that the noble Baroness, Lady Kramer, is going to come in after me. If she is going to try to persuade the Committee that there should be some more different and onerous process for HS2 Ltd in respect of non-disclosure agreements, she will have to be franker with the Committee about that. I do not think that we should have general statements made that would lead to substantive changes in a non-disclosure agreement that could impede the work of HS2 Ltd, unless we are given instances that we find compelling to justify that.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I do not think I have anything further to say to the noble Lord, Lord Adonis. I too would very much appreciate hearing from the noble Baroness, Lady Kramer.

Baroness Kramer Portrait Baroness Kramer (LD) [V]
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Thank you. I would very much like to take up the Minister’s offer of a meeting with the HS2 Minister, Mr Stephenson. That would be extremely helpful. I hope she might have the opportunity to spend a little bit of time looking at some of the cases. I want to challenge the myth that signing a non-disclosure agreement is essentially voluntary. I think that she will find that it is just standard practice, or a meeting is not offered.

The Minister will also recognise that the non-disclosure agreement then covers everything contained within the meeting. As I say, there may be nuggets that genuinely should remain confidential, but there is a great deal of information that should be out in the public arena. It is a mindset, in a sense, for how organisations conduct themselves—whether it is transparency around information not disclosed on an exceptional basis, when there has been careful thought about whether or not that information should be disclosed, or whether the presumption is that everything will be kept behind the closed kimono and information will made available only on an absolutely must or need-to basis. We need some rethinking on this, because that has not served us well.

The Minister will know from her own experience of looking at infrastructure projects that they come up with shocks. We are probably both very aware of Crossrail, which appeared to be completely on track almost until the very final moments, when we were all expecting the announcement of its opening, when we discovered that it was several years behind.

This issue has to be tackled. The issue of individual whistleblowers is one that I would very much like to take up with Ministers, because a salutary conversation between Ministers and senior management at HS2 could make very significant improvements in that arena.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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Well, okay, I thank the noble Baroness for her further intervention. I am not wholly the wiser as to what she is trying to do here. She has mentioned the shock of Crossrail. I was not aware that that was anything to do with NDAs. But she was a Transport Minister, so she knows how projects work, and I was actually discussing Crossrail earlier today and asked exactly the same question about how on earth that happened. It is the case that sometimes, for whatever reason, costs increase, but I was not aware that with Crossrail there was an issue with NDAs. If she has information in that regard, I would be happy to receive it, because it would be news to me.

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Baroness Watkins of Tavistock Portrait The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)
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I call the noble Lord, Lord Bradshaw. Lord Bradshaw, I think you are muted. You have to unmute yourself with the new system. Lord Bradshaw, I am sorry, but as we cannot connect with you, we will move to the Minister.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, connectivity between HS2 and the wider network and the impacts of HS2 on that network are critical concerns. The central aim of HS2 is to improve connectivity along its length and to ensure that it integrates with all modes of transport, including local rail and bus networks.

On rail specifically, noble Lords will be aware that Crewe, at the northern end of phase 2a, has a long history as an important hub on the railway network. Construction of phase 2a will allow passengers who connect through Crewe currently also to connect to HS2 services. This will significantly improve rail connectivity, and we expect regeneration benefits at the station and in the surrounding areas. The details of those services cannot be defined now but will be worked out in due course through existing rail operations processes.

The time to assess the connectivity benefits of phase 2a, whether by rail or indeed any other mode, will be when the railway has been built and the services have been planned such that other services can be connected to them. In the meantime, the Government continue to invest in local and longer range transport infrastructure in the UK to improve connectivity and capacity, and we continue to identify and assess problems and possible solutions.

We continue to talk to local communities and railway operators and to invest in infrastructure and services that level up opportunities for everyone across the country. For example, the Restoring Your Railway programme includes an ideas fund that provides development funding for early stage ideas to explore options to restore lost rail connections. Ten proposals are already being funded at the development stage so that they can move from the first round of the ideas fund to the subsequent stages.

The noble Lord, Lord Snape, asked about the role of the ORR, and I shall be honest with him that I will have to write, but I will happily do so.

Many noble Lords have tried to lure me into a discussion of connectivity and services beyond phase 2a, but I fear that I would only repeat myself and I cannot countenance repetition, so I will not be lured at this point. We are talking about phase 2a, and I believe that there are huge opportunities for its connectivity, many of which were mentioned by the noble Lord, Lord Rosser, and of course the Government take into account those sorts of opportunities whether or not one is building HS2 in the area because local connectivity is always important.

Turning to the amendment of the noble Lord, Lord Rosser, the question of the impact of construction on the transport networks in Shropshire and Staffordshire has been considered quite extensively in the environmental statement. The majority of the phase 2a route passes through rural Staffordshire. As I can confirm from my own visit to the route, some of the sites are accessible only by very minor roads. The environmental statement that accompanies the Bill therefore gives significant consideration to the issue of getting workers to and from the worksites in the most efficient and least disruptive manner.

The draft code of construction practice sets out that workforce travel plans will be developed with the relevant highway authority and these will take into account public transport and cycling and walking routes. It is our expectation that the existing railway network will not be used much on a daily basis by workers on HS2 phase 2a. The environmental statement, taking a reasonable worst-case approach, assumes that all workers will commute either in a car or in a van, with some element of ride-sharing. Worker accommodation will be provided at some locations, and this will reduce the volume of journeys. We also expect many of the workers to travel outside peak hours.

I therefore do not see the merit of requiring an annual review of rail connectivity, as suggested in the amendment of the noble Baroness, Lady Randerson. There will be ongoing discussions about connectivity that will develop over time. The provision of transport in Staffordshire and Shropshire has already been looked at, but, of course, we will continue to be open to opportunities for further improvements. I hope that on this basis, the noble Baroness feels able to withdraw her amendment.

Baroness Watkins of Tavistock Portrait The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)
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I have received a request to speak after the Minister from the noble Baroness, Lady Gardner of Parkes.

Baroness Gardner of Parkes Portrait Baroness Gardner of Parkes (Con) [V]
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My Lords, my comments are about connectivity and probably relate more to Amendment 11 than to Amendment 14. The Minister has just spoken about connectivity, so it seems to be an appropriate moment to follow that point. I declare an interest in that I have close family living near the place where the trains will pass.

HS2 is a hugely expensive and long, drawn-out process; it should be viewed in that context. I am a supporter of high-speed rail, with the qualification that it is not satisfactory that direct travel between London and the north will still not be possible. Instead, travellers and their baggage will need to leave the station in Birmingham that they arrived at and swap to the new terminus, which, I understand, is to be called Birmingham Curzon Street, and is some distance away. This is not good enough for the 21st century; people are used to travelling with less disturbance and more convenience than that. This is an opportunity not to be missed to make a better connection.

I also concur with noble colleagues who have commented on trains, speeds, tracks and their suitability. There really is not much more that I need to say, because so much has been said, and I have been very impressed and interested, but I am a supporter. I hope that in the end this line will provide excellent connections and direct travel from London to the north. I wish it well.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I thank my noble friend Lady Gardner for joining the Committee and sharing her thoughts with us. I am pleased that she supports HS2. She raised some issues about Birmingham, and I do not have the information to hand. I will write to her with further information about connectivity and the issues she raised about access to Birmingham Curzon Street.

Baroness Randerson Portrait Baroness Randerson (LD) [V]
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My Lords, I thank all noble Lords who participated in this short debate, particularly the noble Lord, Lord Adonis, for the impetus he has provided to us all with his points about the eastern leg and the whole issue of connectivity. As the noble Lord, Lord Berkeley, pointed out, the importance of getting across the Pennines is one of the main points here. He also emphasised the demand for shorter-distance travel, which, of course, is what is freed up on existing lines by the building of HS2.

The amendment of the noble Lord, Lord Rosser, deals specifically with issues in Shropshire and Staffordshire, and we might return to that later in the debate on road transport. There is clearly a very important need to improve transport links there. I say to the Minister, who said she wanted to stick to phase 2a: some of the examples I gave her from the Midlands Engine deal specifically with phase 1 and phase 2a and initiatives that flow from the existence of phase 2a. I am disappointed that she has failed to address in detail the point of my amendment, which is to force continued planning on HS2 as we move forward, and to integrate HS2 with other infrastructure developments in the areas through which it passes.

The rail industry is crying out for a smooth flow of future planning. It does not prosper from the stop-start approach, and there is a need for a smooth process in order to maintain skills and capacity within the industry generally. Having said that, I am happy to withdraw my amendment.

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Lord Rosser Portrait Lord Rosser (Lab) [V]
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I will be brief. As the noble Earl, Lord Lytton, said, this amendment is about the attitude and approach of HS2. I tried to make a note of some of the things that he referred to. I think he referred to a highly impersonal manner and to the level of control to ensure uniformity of approach when not all cases are similar. I think he referred to the shifting of the burden of proof, to the delaying of payments and to the challenging of decisions line by line. I think he also referred to how it seemed that the Treasury put pressure on the DfT, which put pressure on HS2 regarding finances, and to how eventually all that financial pressure being applied was reflected down the line in the approach to claimants.

I will listen with interest to what the Minister says in reply and, in particular, to whether she accepts that there is validity in what is being said. The noble Earl clearly believes that there is, and I imagine that he is far from the only one who thinks that that is the approach of HS2. I know the Minister will take what has been said seriously. However, I hope very much that she will be able to offer some words that will at least indicate that she will look at the issue and seek to address the concerns raised.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, before I turn to this amendment I need to apologise. There was an error in my speaking note on Monday which I need to rectify. The error was in the statement that I made in relation to Amendment 13, dealing with advance payments of compensation for temporary possession of land. I stated that the Neighbourhood Planning Act 2017 provides for advance payment of compensation in relation to the temporary possession of land and that the amendment was therefore redundant. While it is correct that Section 24 of the Neighbourhood Planning Act 2017 will provide for advance payment of compensation in relation to temporary possession, these provisions will not apply to temporary possession of land under the powers of this Bill. This Bill, like previous hybrid Bills and previous orders under the Transport and Works Act 1992, has a bespoke regime for temporary possession of land which does not provide for advance payments. In my detailed response to the noble Earl, which I have already promised to provide, I will give further details as to the practice of HS2 in respect of the timing of payments of compensation for the temporary possession of land. I will circulate this to all noble Lords who spoke in Committee and place a copy in the Library of the House. I reiterate my sincere apologies that that happened. It will not happen again.

I turn to the amendment. We have heard the underlying concerns which may have led to this amendment and I will set out what the Government are doing about them. Land is needed for the HS2 scheme to build the railway. Some of this land is purchased by agreement but most of the land is acquired through compulsory purchase. This is an unavoidable fact of building most new transport infrastructure and I recognise that, to those affected, it can be devastating. Most individuals affected will accept what the coming of this scheme means for them, come to terms with it and find a way to come to an agreement with HS2 as to when their land will be acquired and what compensation they will receive under the compensation code. For some, they will be happy with the arrangements and agree that their treatment by HS2 has been fair and proper.

However, a few landowners will feel that they have been unfairly treated. They may feel that there is inadequate compensation or that HS2 has not taken due note of their specific individual circumstances. The Government have taken note of those individuals and have been reviewing how they can improve the way in which the project is delivered for all those affected. The noble Baroness, Lady Randerson, asked if we would have a good look at the business practices in this area, and we have already committed to do so.

My colleague Andrew Stephenson has instigated a rigorous land and property review to assess the wider concerns that the amendment seeks to ameliorate. The letter provided by the noble Earl, Lord Lytton, will form part of the evidence for that review, and I am pleased to be able to say that this review will be published very shortly. Of course, Sir Mark Worthington OBE, the Independent Construction Commissioner, deals directly with the complains of individuals affected by the project.

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Baroness Randerson Portrait Baroness Randerson (LD) [V]
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My Lords, the road traffic issue is one of the thorniest problems associated with this project. When you look at many of the objections or petitions to the Committee, they are actually objections to the building process. That is not surprising: people do not want heavy traffic going past their door when they are not used to it. On the one hand, of course, residents and environmental groups have pressed for more tunnels. There are expensive lengths of tunnels planned. However, with more tunnels and long tunnels, every mile of tunnel adds greatly to the amount of site traffic, with lorries having to remove soil as well, of course, as lorries carrying heavy equipment to the site.

A series of initiatives and techniques is proposed by HS2 to mitigate the impact of the traffic. However, I fear that the use of local roads—and the M6, for example —is bound to impact on travel times and convenience for people way beyond the area close to the line of the project. Schedule 17 ensures that construction routes are submitted to local planning authorities for approval, so I have some questions for the Minister. First, the Committee’s report says in paragraph 69:

“Construction routes used by large goods vehicles over 7.5 tonnes would require the approval of the local highway authority, except where they were using motorways or trunk roads and access to compounds with less than 24 two-way trips per day”.


That is 48 HGVs rolling past your window on a daily basis, which may not make much difference if you are on a major A road but would make a huge difference if you were on a quiet back road. Is this exception in relation to compounds, of the 24 two-way trips a day, a standard provision in construction contracts of this sort?

Secondly, given that it is the local planning authority that will make the decision on routes like this, what happens if the local planning authority withholds approval and cannot reach agreement with HS2 on a reasonable alternative route? Who then decides and where does the decision go? I hope that the Minister can provide us with some answers on that.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, the impact of the works on local communities is of critical importance to the Government, and I thank the noble Lord, Lord Rosser, for tabling his amendment to allow us to have this discussion.

The environmental statement for phase 2a runs to some 17,000 pages and, within it, there is set out in great detail the impact of the proposed scheme on local traffic levels. To manage traffic flow, the phase 2a Bill includes powers for the control of construction traffic, requiring qualifying authorities to approve the local roads to be used by large goods vehicles—and this was noted by the noble Baroness, Lady Randerson—where the number of large goods vehicles exceeds 24 trips per day, to or from a site. That is in total, yes, 48 trips, which over a 12-hour period is one every 15 minutes. The noble Baroness asked whether that was a standard provision in contracts. I shall have to write to her on that matter.

In addition, in the Bill there is a statutory duty on the nominated undertaker to have regard to the potential traffic disruption that may be caused and seek to minimise such disruption so far as reasonably practicable. I suspect that local communities will use that to make sure that action is taken, if there are measures that could be taken but which have not been taken.

As the project progresses and construction plans are finalised—and at the moment we should remember that this railway is not being built; there is no construction at all, so plans are still in development—local traffic management plans will be developed alongside these plans with local authorities, agreeing approaches to highways and public rights of way so that the impact on local communities is minimised.

Members of the public were able to petition the Bill Select Committees of both Houses. Further local mitigation measures have been introduced to the scheme to remove or reduce traffic and transport impacts on the basis of recommendations made by those Select Committees. In some cases, that included restricting and reducing construction traffic, maximising the use of rail and haul roads, and undertaking further traffic surveys.

The noble Lord, Lord Rosser, raised the village of Woore. I took some time to look at my phone and see on Google Maps where Woore is, and it is at the junction of the A51 and the A525. While I have every sympathy for those who will be impacted, because there will be an increase in traffic and construction traffic, it is not the case that at the moment they do not have any traffic going through their village, which is at the confluence of two A roads. We need to make sure that they get the sort of measures that they are expecting. My understanding is that there has been no failure of engagement with Woore and that traffic-calming measures have been offered. Perhaps there has been a mismanagement of expectation here. As construction plans are developed, traffic management plans can be developed; without them, we can have all the engagement in the world, but that will not actually achieve anything until there are construction plans to put into play.

I am sure that Minister Stephenson, when we meet him next week, will have something to say about his ongoing commitment to community engagement and how he intends to be involved with it, since it is a very important part of his work. In the meantime, I hope that the noble Lord feels able to withdraw his amendment.

Baroness Henig Portrait The Deputy Chairman of Committees (Baroness Henig) (Lab)
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There are no questions to the Minister, so I call the noble Lord, Lord Rosser.

Lord Rosser Portrait Lord Rosser (Lab) [V]
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I first thank the Minister for her reply and all noble Lords who participated in the debate. I just comment that I made it clear when I made my contribution that it was at the junction of the A51 and the A525 in the centre of the village. I also said that what would be entailed was widening of those roads and other works at certain points and that that junction was right at the centre of the village.

I have perhaps made some progress. It was after all the Select Committee that said that there needed to be further discussion as soon as possible—because safety issues were involved—between HS2, Shropshire Council and the parish council. I was not asking the Minister—nor do I think she took it this way—to immediately intervene. I asked that, now we have a dedicated Minister for HS2 and a cross-government ministerial group, what would be their involvement in ensuring that HS2 engages properly.

This is not the first occasion that we have had local communities saying to us that in their view—rightly or wrongly—they do not feel that HS2 engages as well as it should. I also asked whether, if the discussion with the parish council was either delayed or not being entered into in the spirit and intent that the Select Committee envisaged, it could take its concern to the direct dedicated Minister for HS2. I think that, in her closing comments, the Minister referred to the role of the Minister for HS2 in making sure that there was community engagement. I appreciate that that was on a general basis—she was not talking specifically about this case—but I hope that this is one where, if the parish council still believes that the discussion is not being entered into with the right spirit and with the necessary intent, it would not be dismissed by the dedicated Minister for HS2 if it made an approach to him with its concerns. It is then obviously up to the Minister what he would or would not do in the light of that approach.

Having made those comments, I again thank the Minister for her reply and beg leave to withdraw my amendment.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I just want to apologise to the noble Lord, Lord Rosser, because I did not hear him mention the road names and now I feel very silly that I did not. I also want to say that in my role as Roads Minister, for example, if a local community feels that Highways England is not engaging with them, they bang on the door of their local MP, the local MP comes to see me immediately and tells me off, I go to tell off Highways England and something gets done. The HS2 Minister will play precisely the same role that I play in making sure that local communities are dealt with properly by whichever delivery body is working with them. We can obviously discuss this with Minister Stephenson shortly, but if I did not explain that particularly well, that is exactly the role I expect him to play.

Amendment 15 withdrawn.
--- Later in debate ---
It seems to me, by just a cursory examination of the Explanatory Notes, that we almost have a cultural issue here. Paragraph after paragraph of this schedule removes various requirements; it takes out ensuring that the landowner does not acquire any rights over phase 2a works under the 1996 Act, et cetera. It is almost a bludgeoning approach to the particular problems of the railway. That goes back to many of the comments made in the debates on this Bill and the almost cultural idea that HS2 seems to need powers that are bullying in nature and very one-sided. I will be interested to hear what the Minister says in response, but I would have thought that this really needs some modification, because it is, in its present form, going to end up involved in massive litigation. That would be bad news for the project, and almost certainly bad news for the private citizens involved. In my business experience, my number one objective has been to try never to go to litigation and to solve problems by agreement. The mechanisms in the 1996 Act that worked towards seeking agreement are removed by this schedule, and I cannot believe that is a good way of going forward. It could well cause delays, expense and unhappiness. I hope that the Government will look at it again.
Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, I knew there was a reason why I was looking forward to this one. I would be very grateful if the noble Earl, Lord Lytton, could send me the article about party walls; I am sure that all noble Lords would very much appreciate reading it.

On the Motion to remove Schedule 23, rather than address each of the noble Earl’s points in detail, as I do not feel properly qualified to do that, I shall put forward the Government’s reasons why the schedule should stand part of the Bill. We agree with him that the Party Wall etc. Act 1996 works in most circumstances. However, for major railway projects authorised by Parliament, it is appropriate to modify its provisions to streamline its processes, but also retain its protections for neighbouring owners. This was the approach taken by Parliament for the phase 1 Act and the Crossrail Act 2008, and it is the approach being taken here.

The modifications to the party walls Act in Schedule 23 have developed from those included in the Crossrail Act. The experience from the construction of Crossrail was that compliance with the party walls Act process, even as modified, raised risks to the project programme. It is therefore appropriate to alter the process for the HS2 project, as agreed to for phase 1, to avoid construction delays and associated cost implications.

The provisions in Schedule 23 are identical to those already agreed in the phase 1 Act, so this Bill ensures consistency across the HS2 project. Before I outline the proposed modifications in Schedule 23, I wish to make something clear. The regime I will outline does not apply where the underpinning works to adjoining buildings are due to HS2 excavations. Given the more intrusive nature of such works, a different regime is required. This regime is set out in Schedule 2 to the Bill and provides for the giving of notice; the right for adjoining owners to serve counter notices; for disputes to be referred to arbitration; and for payment of compensation. Similar provisions as regards the underpinning of buildings were made in the phase 1 and Crossrail Acts. I hope that goes some way to reassuring noble Lords that the protections for adjoining owners, where major excavation works are needed, are comprehensive.

I shall now continue briefly to summarise the effect of the proposed modifications in Schedule 23, and their purposes. First, the nominated undertaker, HS2 Ltd, would not have to serve notices under the party walls Act to carry out works to which the Act relates. Therefore, the adjoining owner does not have the opportunity to serve a counter notice. This simplifies the process and time taken for agreeing the works. However, the works would still have to be carried out in accordance with the plans and sections agreed with the adjoining owner, as is the process under the current party walls Act. If they are not agreed, the matter would be referred to a single arbitrator for determination, which I will refer to later.

Secondly, a neighbouring owner carrying out works under the party walls Act would not have an automatic right to place footings or foundations on HS2 land or to carry out works required to safeguard HS2 buildings and structures. The nominated undertaker could elect to carry out any such agreed safeguarding works instead of the neighbouring owner at the neighbouring owner’s expense. These modifications are necessary to protect the railway.

Thirdly, any disputes would be determined by a single arbitrator appointed in default of agreement by the president, at the time, of the Institution of Civil Engineers. This would replace the more cumbersome disputes determination process provided by the party walls Act. The purpose of this modification is to provide a speedier and simpler process for dispute resolution. It would ensure that, in a case involving complex railway works, the dispute was determined by a civil engineer with relevant skills, while leaving flexibility for a surveyor to be appointed where that was appropriate. In other respects, the provisions relating to the dispute process, including costs and appeals to the county court, would be the same as under the party walls Act.

The modifications would still provide safeguards for the adjoining owner including the right to compensation and for expenses to be paid in accordance with the party walls Act; the requirement to be given at least 14 days’ notice of the nominated undertaker’s entry on to land to carry out works, except in the case of emergency; that works are to be executed in accordance with such plans, sections and particulars as may be agreed between the nominated undertaker and the neighbouring owner or, in the event of a dispute, are settled by arbitration; and for disputes to be determined by a single arbitrator under the dispute resolution provided by Schedule 23.

These safeguards protect adjoining owners appropriately. To be clear, under the provisions of the Party Wall etc. Act 1996, which still apply, any works required to a party wall would be undertaken at the project’s expense, and compensation would be payable for any damage to the adjoining owner’s property caused by the works to the wall. These safeguards also go alongside the other protections for adjoining owners inside and outside of the Bill. The environmental minimum requirements, through the code of construction practice, provide for the necessary protections to manage and control any potential impacts on people, businesses and the natural and historic environment that may arise from the construction of the works authorised by the Bill.

Finally, we come to the point raised with great insight by the noble Lord, Lord Snape. Are there any party walls on the phase 2a route? The route is rural in nature. It is therefore not expected that many, if any, disputes requiring arbitration under the modified procedure will occur due to the works authorised by this Bill. Where necessary, the modified process would provide a safe and speedy resolution for both the project and the adjoining owner, if indeed there are any party walls on the route.

I shall write in response to the issues raised by the noble Earl, Lord Lytton. I would be grateful if the noble Earl could give some consideration to, and perhaps clarify, exactly what he would wish to change and why. It is very difficult to deal with a long list of, “I don’t like this, I don’t like that”, rather than understanding, given where we are in the process, what would make the difference to this Bill if it were to be changed.

Following all that, I hope that the noble Earl will feel able to withdraw his objection to the schedule being agreed.

Baroness Henig Portrait The Deputy Chairman of Committees (Baroness Henig) (Lab)
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There are no questions to the Minister, so perhaps the noble Earl, Lord Lytton, might want to comment briefly on what has been said.