High Speed Rail (London - West Midlands) Bill (Fifth sitting)

Tuesday 8th March 2016

(8 years, 8 months ago)

Public Bill Committees
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The Committee consisted of the following Members:
Chairs: † Mr Christopher Chope, Mr David Hanson
† Anderson, Mr David (Blaydon) (Lab)
† Ansell, Caroline (Eastbourne) (Con)
Brown, Alan (Kilmarnock and Loudoun) (SNP)
† Burns, Sir Simon (Chelmsford) (Con)
† Chalk, Alex (Cheltenham) (Con)
† Doyle-Price, Jackie (Thurrock) (Con)
† Glindon, Mary (North Tyneside) (Lab)
† Goodwill, Mr Robert (Minister of State, Department for Transport)
† Howlett, Ben (Bath) (Con)
† Huddleston, Nigel (Mid Worcestershire) (Con)
† Jenkyns, Andrea (Morley and Outwood) (Con)
† McDonald, Andy (Middlesbrough) (Lab)
† McGovern, Alison (Wirral South) (Lab)
† Mahmood, Shabana (Birmingham, Ladywood) (Lab)
† Nokes, Caroline (Romsey and Southampton North) (Con)
† Reynolds, Jonathan (Stalybridge and Hyde) (Lab/Co-op)
† Vickers, Martin (Cleethorpes) (Con)
Neil Caulfield, Joanna Welham, Committee Clerks
† attended the Committee
Public Bill Committee
Tuesday 8 March 2016
(Morning)
[Mr Christopher Chope in the Chair]
High-Speed Rail (London-West Midlands) Bill
New Clause 20
HS2 Design Panel
During the nominated undertaker’s ongoing design work for Phase One purposes it must have regard to the recommendations of the HS2 Independent Design Panel, or to the recommendations of a successor body which may be designated by the Secretary of State from time to time.”—(Andy McDonald.)
The Department for Transport established a HS2 Design Panel November 2015. This new clause would require the nominated undertaker to ‘have regard’ to Design Panel’s recommendations during the design work for Phase One.
Brought up, and read the First time.
09:03
Andy McDonald Portrait Andy McDonald (Middlesbrough) (Lab)
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I beg to move, That the clause be read a Second time.

It is a pleasure to appear in front of you this morning, Mr Chope. The Committee has been successful and efficient. We had many interesting discussions last week. We concluded our discussion of the amendments and we now come to the new clauses.

New clause 20 concerns the HS2 design panel. On 10 December 2015, HS2 took another step from the drawing board to reality with the appointment of a new independent design panel to support HS2 in realising its aim of applying the best design principles to all its work. The panel, chaired by Sadie Morgan, will be the project’s independent adviser, helping it to deliver on its key design principles around people, place and time. A host of experts are engaged, including experts in urban design, landscape and equality, diversity and inclusion. I have seen that already in the session that I attended in Darlington, where there was clear engagement. That is woven into the fabric of HS2 and is to be welcomed.

Experts in digital and brand and product will work alongside internationally renowned architects, together with sustainability and engineering experts, to help guide HS2’s development, so it all bodes well. Sadie Morgan, the chair, said that the aim of the panel was to

“mentor and inspire HS2 to design a transformational railway system which will exceed all of our expectations.”

She also said:

“The British creative and engineering industry is already delivering outstanding examples of design excellence around the world. HS2 is a huge opportunity to bring that brilliance home.”

Indeed, the Minister echoed those words and said that the panel

“is crucial to ensure HS2 achieves its full potential for everyone. This includes making sure that passengers get the experience they want from HS2 and that it is sympathetic to the landscape through which it is built.”

He concluded by saying,

“We want HS2 to be a world class railway which maximises the benefits for the country. Having such a highly-skilled group of experts on board will help make travelling on it easy and pleasurable and ensure we have impressive stations to act as a catalyst for significant regeneration and economic growth.”

The chief executive, Simon Kirby, said that he was

“delighted the...Panel has now been formed. It’s a mark of HS2’s significance that it’s attracted such a wealth of talent to help us deliver this transformational piece of infrastructure for the nation. Forty five experts will form the independent design panel team, contributing to the project’s development in areas where their specialist experience and opinion is required.”

He went on to say:

“Cementing the principles of the Design Vision so early in HS2’s development will help it to play a key role in rebalancing the economy through delivering the benefits that flow from investing in Britain’s new high speed rail network.”

It is that principle of cementing the design vision that our new clause seeks to address. Sadly, I can see no reference to the HS2 design panel in the Bill, so we have tabled the new clause to secure assurances from the Minister that the nominated undertaker will make best use of the considerable expertise of those on the independent design panel and have regard to the design panel’s recommendations during the design work for phase 1. With that, I invite the Minister to take the opportunity to clarify the weight that the recommendations of the HS2 design panel will have with the nominated undertaker in the construction of High Speed 2.

09:03
Robert Goodwill Portrait The Minister of State, Department for Transport (Mr Robert Goodwill)
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It is a pleasure to serve under your chairmanship, Mr Chope; a very good morning to you.

The intention of the new clause, as the hon. Member for Middlesbrough has said, is to require the nominated undertaker to have regard to the design panel’s recommendations during the design work for phase 1 of HS2. The design panel was established in November 2015. I hope I can give the hon. Gentleman the assurances he seeks, and that he will not feel it necessary to press the new clause to a vote.

We recognise that great design is essential for High Speed 2. We want it to make the country proud and show the world what great British design can do. For that reason, HS2 Ltd has created a design vision for the railway, and we have set up an independent design panel to provide advice on and a critique of the development of HS2, to help it achieve its design vision.

The remit of the panel is based on widely accepted industry best practice, as set out by the Design Council and other design bodies. HS2 Ltd, in designing the railway, is required by the Department’s development agreement to incorporate the recommendations of the design panel, where this is practical. Binding assurances to this effect have been given to local authorities, including Birmingham City Council, the Greater London Authority, and others. The independent design panel is only just being established, but HS2 Ltd would be expected to follow any recommendations made by the successor of the design panel, and the development agreement would be amended accordingly.

I have to say we made some mistakes at the start of the scheme, when a number of cut-and-paste viaducts were used to indicate the line of route. Some communities were alarmed to see viaducts of that type, which had no design element incorporated in them; they looked like concrete boxes on legs. That is not the intention. We intend to have some iconic designs, and I think the design of the railway will be awesome in places; in others it will be more sympathetic to the location. The design panel is integral to delivering that. Therefore, I believe that the Opposition’s concerns have already been met, and that the new clause is not necessary.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I am extremely grateful to the Minister, who set out with great clarity the fact that there is a requirement to incorporate the recommendations, with a raft of binding assurances. I am content with that, and I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 21

Passenger services: public sector operation

(1) Section 23 of the Railways Act 1993 (franchising of passenger services) does not apply to services operated on the whole or part of the high speed rail line so provided for in this Act.

(2) Passengers services on the whole or part of the high speed rail line so provided for in this Act shall be provided by a publicly owned railway company.

(3) In this section, “publicly owned railway company” has the meaning given to it in section 151(1) of the Railways Act 1993. —(Andy McDonald.)

This new clause would require passenger services operating on the whole or part of the high speed rail line to be provided by a publicly owned railway company.

Brought up, and read the First time.

Andy McDonald Portrait Andy McDonald
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I beg to move, That the clause be read a Second time.

In the new clause we address the thorny issue of public sector operation. There has been a great deal of consensus across the Committee thus far, with some notable exceptions; this, we respectfully acknowledge, is perhaps the most contentious issue between us.

If we consider the history of rail privatisation and its impact on the commuting public, it is not difficult to understand the overwhelming public support for bringing railway services back into public ownership. Quite simply, the privatisation of British Rail was a rushed, botched job, which had more to do with ideology than with any clear plan for the nations’ railways, and it left us with a fragmented, inefficient and unsafe network at that time.

Simon Burns Portrait Sir Simon Burns (Chelmsford) (Con)
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If that is the case, why, during 13 years of Labour government, did the hon. Gentleman’s party not do anything to change it?

Andy McDonald Portrait Andy McDonald
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To suggest that during 13 years of Labour government nothing was done is to misunderstand the position. A great deal of progress was made with renewals in the railway system, and that must be seen within the context of trying to pick up the pieces after the disaster that was Railtrack. I have already alluded to its appalling record. That left us with an unsafe railway. Much of the 13 years of Labour government was devoted to making it into the safest railway system in Europe. Many people in this room will remember having to reduce speeds down to almost walking pace, because of our concerns about the safety of the points systems and rails. We look back to Potters Bar and Ladbroke Grove, etc., and think of the disasters and loss of life.

To say that our experience of the privatisation of rail infrastructure is not a good one is a gross understatement. It is a huge fear on these Benches that the current proposals to break up Network Rail into eight route businesses may embrace the sorts of dangers that we sadly experienced in those years.

Simon Burns Portrait Sir Simon Burns
- Hansard - - - Excerpts

The hon. Gentleman talks about infrastructure, but he has avoided answering the specific question I asked him. If the running of the railways by private companies was so bad, why did not the previous Labour Governments of Blair and Brown renationalise them?

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I will come on to our responses to some of the poor performances and, indeed, failures of the franchised private system. If the right hon. Gentleman will bear with me, I will come to that in greater detail later in my brief contribution. He will know as well as anybody that the McNulty report stated that the fragmentation of our rail network left us with an efficiency gap of between 30% and 40%, compared with other European networks. This means that money which should be used to address the cost of travel and to fund much-needed investment is needlessly wasted. We have been left with a ticketing system which is the most expensive and confusing ticketing structure in Europe. Commuters’ fairs are up by a quarter since 2010, having risen five times faster than wage growth.

Our rail network needs significant investment. Private and foreign state-owned companies are subsidised by the UK taxpayer, while profiteering at the expense of commuters. Far from learning the lessons of the past, the Government seem destined to repeat them.

In illustrating the benefits of publicly-owned operators, one could hardly ask for a better example than the recent case of the East Coast. The previous Labour Government took the important step of bringing the East Coast back into public operation, after the private operator reneged on its obligations in 2009. I have heard it said that failure is somehow a judge of success, in that if franchises fall over and fail, it demonstrates the veracity and robust nature of the franchising system. I do not think that really strikes a chord with the travelling public, who see an unreliable service that does not meet their satisfaction.

East Coast proved itself under public ownership to be the most efficient of operators. It returned almost £1 billion to the taxpayer in premium payments as well as investing every penny of profit—some £50 million—back into the service. In addition, directly operated railways kept fares down, had record passenger satisfaction and engaged the workforce with unparalleled success.

Today is an opportunity for the Conservative party to deliver what the public are asking for by supporting new clause 21, which would require passenger services operating on the whole or part of the high-speed line to be provided by a publicly-owned railway. I hope that when High Speed 2 is open for general use it will be celebrated as a national achievement. I do not agree with the Government that a nation capable of completing such a fantastic rail infrastructure project is not competent enough to operate passenger services, but that the Dutch, German and French are more than capable of doing that for us. Such an attitude that we are not competent enough to do what many of our European counterparts take for granted is effectively talking down our abilities as a nation.

I am sure that we will return to that debate numerous times in this Parliament, but I hope that I was persuasive enough to make the Minister see the veracity of our argument and that he and his hon. Friends will vote with us and with the wishes of the public in support of the new clause.

Simon Burns Portrait Sir Simon Burns
- Hansard - - - Excerpts

I do not want to enter a sour note in what have been harmonious proceedings so far, but I fundamentally disagree with the hon. Gentleman’s new clause. I am in good company, because the last two Labour Prime Minister’s shared my view: neither Tony Blair nor Gordon Brown ever wanted to re-privatise the railways while in power and they did nothing to re-privatise the running of them. He failed to answer my interventions on that.

I always find it slightly odd that those who—sadly, like me—are old enough to remember British Rail see it as the halcyon days when everything was wonderful: the trains ran on time; they were terribly cheap, notwithstanding the taxpayer subsidy of fares; and investment in improving the network overflowed. In fact, every time a Government—whether Labour or Conservative—was hit with an economic crisis, one of the first budgets mangled was that for nationalised industries and investment in the railways. That is why both the previous Labour Government and this Conservative Government have had to invest so much money in improving the rail network’s infrastructure: there was so little investment before privatisation.

The hon. Gentleman seems to think that it was a wonderful experience to ride the trains when they were publicly owned, but that was not the case. They were not more efficient and there was out-of-date rolling stock and collapsing infrastructure and, if we go back to 1963, a significant proportion of the network was closed down as a result of the Beeching report. I therefore really do not think that the answer is to turn the clock back to the bad old days as if they were some halcyon period that we should aspire to replicate today.

Alison McGovern Portrait Alison McGovern (Wirral South) (Lab)
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I do not mean to detain the Committee for any longer than necessary. I was not going to speak a word on this subject—I could speak on trains for about three long hours—but, given that we are talking about the past and the right hon. Gentleman alluded to his seniority in this place—

Alison McGovern Portrait Alison McGovern
- Hansard - - - Excerpts

You say potato. I trust he will confirm that during the long years of the 1980s and 1990s when our rail system was starved of investment, he lobbied the then Conservative Government at every opportunity to invest in it.

Simon Burns Portrait Sir Simon Burns
- Hansard - - - Excerpts

The dates the hon. Lady chose are slightly selective, because it was not just in the ’80s and early ’90s that there was a starving of investment. I at least have the decency to spread the blame to all parties, not just the Conservative party. Rail was starved of investment in the ’70s. My first job was working in this place from 1975 to 1981, and four and a half of those years were under the Wilson and Callaghan Governments, when we ended up running to the International Monetary Fund because the country ran out of money—[Interruption.] The hon. Lady does not like the truth. The country had to go with a begging bowl to the IMF, and one of the major areas to suffer from public spending cuts was the railways.

09:03
I am not excusing previous Governments. There was under-investment in our railways—in the infrastructure and in the running of them—by both political parties. That is why I supported the privatisation in the early ’90s, which has been more than justified by the significant investment in the rail network and its infrastructure since then. If no one thinks that that has happened, they should look at the current control period: in the five-year control period 5, £38.5 billion will be spent investing in and improving the infrastructure of the railways. If we are to going to be slightly political, under the control period proposals, it will be nice to see about 850 extra miles of electrification. In the 13 years of the Labour Government, when they were investing more in the railways, there were only 10 miles of extra electrification on our rail network.
Jonathan Reynolds Portrait Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
- Hansard - - - Excerpts

This will become a Second Reading debate on public ownership if we are not careful.

There is a great deal of heat in the debate, and not much light. I have no time for those who pretend that British Rail was somehow a high-performing publicly owned service. Clearly, there were huge problems, with political interference in the investment periods and all of that leading to the creation of short-term problems. One thing that I struggle with a great deal, however, when comparing rail with other privatised industries is that, as the right hon. Gentleman just said, investment in the railways still comes from the taxpayer and not the private sector, so the risk is not in the private sector, but in the public sector. We, as the people who use the railways and pay our taxes, are the ones who put in the investment. It is Government money, not private money, that will be invested in the control period, is it not?

Simon Burns Portrait Sir Simon Burns
- Hansard - - - Excerpts

The hon. Gentleman is partly right; some of the money is taxpayers’ money, but a significant proportion of what funds the £38 billion over the next five years will be paid by the rail operators to rent the track. There is also the ability for private money to be borrowed for investment, so no, it is not exclusively—

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - - - Excerpts

indicated dissent.

Simon Burns Portrait Sir Simon Burns
- Hansard - - - Excerpts

The hon. Gentleman nods his head in a negative way, but he is wrong. The investment of £38 billion in CP5 is not 100% taxpayers’ money. As I said, part of it is rent accrued from the rail operators, which pay to use the track.

Since privatisation, there has been a will and determination to invest, as well as the actual delivery of investment, to bring our railways up to scratch. The process is time-consuming, sadly, because of the problems arising from the earlier lack of investment. The other sad thing for rail users is that a lot of the investment that is badly needed to improve journey times and the reliability of the service is not seen immediately by them. New rolling stock is immediately seen by commuters and travellers, obviously, and they benefit from it, but when we improve and upgrade the track or the overhead cables on that part of the railway that is being electrified, users do not see the outcome of the investment in the same way. However, such investment is still critical to improving the performance of our railways. I am confident that that will continue.

The hon. Member for Middlesbrough mentioned the east coast main line. I would be the first to accept that it was a well-run part of the network, but it was run under Directly Operated Railways because the last Labour Government rightly withdrew the franchise from the franchisee because there was dissatisfaction with the way it was operating the line. DOR is an emergency mechanism that was introduced in the legislation on privatising the railways because there is a legal requirement for the railways to provide a service all the time. To avoid a hiatus if there is a problem with the franchise, DOR will, for a fixed period of time only, step in to ensure continuity of service.

The hon. Gentleman kept talking about a state-run service. I suppose that DOR could, by definition, be called state-run, but it was not meant to run the line for ever. Even the Labour Transport Secretary who took the action made it plain at the time that there was not going to be a never-ending provision of service by DOR.

David Anderson Portrait Mr David Anderson (Blaydon) (Lab)
- Hansard - - - Excerpts

I accept what the right hon. Gentleman says about the background, but DOR ran the line successfully. The Labour party recognises that and has learned from that experience. We now say that it is something that should be used in the future, which is why we opposed the refranchising last year.

Simon Burns Portrait Sir Simon Burns
- Hansard - - - Excerpts

I am sadly well aware of the Labour party’s proposals for that provider to continue to provide the service. Frankly, I have every confidence that the conglomerate, which includes Virgin, that has taken it over will provide a first-class service. Based on passenger satisfaction, Virgin does so on the west coast main line. I am sure that the hon. Gentleman remembers the fiasco of the refranchising of the west coast main line in the summer and early autumn of 2012. The passengers—for want of a better expression, it was people power—were amazed that Virgin’s franchise was not renewed. Ultimately, because of the problems that emerged, Virgin continued to run it, and I have every confidence that it will run a first-class service on the east coast main line.

Let me give the Committee an example of the way that franchisers can innovate to respond to the needs of local people. I am sure Committee members are aware—if they are not, the Minister will be more than aware—that there has never been a direct service between Scarborough and London in the lifetime of the railways. Why should Scarborough, where there is a demand for such a service, be so deprived? Virgin is responding to the marketplace and the wishes of customers, and from 2018 it will run a direct service from Scarborough to London. That is how franchisers can respond to changing circumstances and demands.

Similarly, Opposition Members will be aware that High Speed 1 is currently run by a private company. The hon. Member for Middlesbrough looks perplexed and is consulting his colleagues, but I chose my words very carefully: High Speed 1 is currently operated by a private operator. I see no reason why it should be returned to the public sector. I fundamentally do not believe that politicians and Governments are best equipped to run services and industries such as the railways. Our experience of their doing so was poor. Notwithstanding the problems and the need to improve our infrastructure, on balance, investment has been provided and work is being carried out to improve our rail services to make them into a first-class service in the private sector. I believe that that is where they should remain.

It would be a mistake if High Speed 2 were to be shackled before the first train had run on the tracks by being run, in effect, by the Government as a nationalised industry. If there is a Division on this contentious issue, I urge my colleagues to reject this opportunistic new clause. It is very much in keeping with the new politics of the Corbynista regime which, as in many other areas, is totally divorced from the best interests of the British people.

David Anderson Portrait Mr Anderson
- Hansard - - - Excerpts

It is a great pleasure to be here, Mr Chope. I hope to see you at the weekend in the Orkney islands, with any luck. I would like to clarify a few points raised by the right hon. Member for Chelmsford. For the record, he praised Virgin’s role on west coast. Virgin is the brand name of the east coast main line at the moment, but Virgin has only 10% of the franchise. The other 90% is owned by Stagecoach, which they are trying to keep a very closely held secret because of Stagecoach’s horrendous record when it comes to transport in this country.

The right hon. Gentleman said that British Rail in various guises had failed. Nobody doubts that. No one on the Opposition Benches is saying that it was a success, but what has to be understood is that of the 46 years that it was in public ownership, 32 of those years were under a Tory Government. One of the main reasons why the trains were never improved was that we as a nation inherited very poor quality stock and a poor system of stations, and the truth is that Governments chose to dip in and dip out of supporting the railways, as the right hon. Gentleman rightly said. He is right that they were not run very well. However, I would argue that whatever the successes or failures of the past 20 years of privatisation have been, people have learned lessons. The east coast main line is an example of how people took some of the good of what they had learned from privatisation and put it into service on the east coast, which became the best service in the whole of Britain.

The right hon. Gentleman misquoted when he said that neither Blair nor Brown supported reprivatisation. What he meant was that they did not support renationalisation, and that is actually correct. They were opposed to going backwards, quite apart from the fact that they thought it would be a diversion of money that could be spent elsewhere on putting right a lot of things that failed under 18 years of Tory government. They chose not to do it, and they did not want to do it. The truth about Railtrack is that the Government were forced to do it, and I will tell the Committee why. On 19 September 1997 the Southall rail crash took place. A friend of mine was in that crash. He was given the last rites twice, but thankfully he survived. On 5 October 1999 the Paddington rail crash occurred. Another friend of mine was involved and, sadly, he was one of 31 people who died. On 17 September 2000 the Hatfield rail crash took place, and on 10 May 2002 the Potters Bar rail crash occurred. A common theme through all of them was the failure of Railtrack to maintain the tracks properly.

I work with people who worked with me in the coal mines in the ’70 and ’80s. They went on to be contractors and subcontractors repairing rails. They told me some nightmare stories of the work they were involved in. We used to have railways underground. I was a mechanic looking after trains underground, so I have some experience of how to look after railways properly. Some of the things they were telling me were nightmares. There used to be a standard in this country that every length of rail had to be changed once every 40 years, regardless of its condition. That was the maximum length of time a rail could be left in place. One thing which happened almost immediately after privatisation was that that was changed to rails being replaced once every 80 years. That was the mental attitude of the people to whom we gave away our railway system, and who we allowed to run our trains. Is it any wonder that things went wrong? Railtrack had to be brought back into public ownership to protect the travelling public from the shortcomings that were clearly occurring.

The east coast franchise went first to GNER, which ran it for some time. It was a reasonable service, but its parent company, Sea Containers, was going belly-up. Overnight, GNER pulled out of the franchise. Who had to come in? The Government had to step in. As the right hon. Gentleman said, it was right and proper to pick up the pieces and keep it running. They kept it running and it was franchised out again to National Express, but the National Express experience was appalling. They ran the trains the same way as they ran the buses. The hygiene, punctuality—every part went backwards, and again the public sector had to walk in. When National Express walked away—they were not thrown out; they walked away because they were failing—Directly Operated Railways became the most successful train line in the country.

10:00
As I said at the opening, it is clear that some of the lessons learned through privatisation were put in place as they applied to the day-to-day running of the trains. We have now gone back, despite the success that was delivering money to the taxpayers of this country. Despite the opposition from the public, who use the east coast line every day, it has gone back under a franchise, and time will tell whether it is successful. I will not say whether that will happen, but I will say that I use that train every week. I use trains to come to work every day. The performance on the east coast line is appalling compared with railways in this part of the world. It might be only 15 minutes late, but it is 15 minutes late every day of the week. It is not unusual to see people rammed in like cattle on a service that is clearly failing them.
I am clear that we have a chance here to take control. That is what the public want. Whenever they are asked, they say they want it to go to a publicly owned railway. People do not want to go back to the days of mouldy cheese sandwiches and trains that rattle; they want a quality railway service, and we can have that if we apply the lessons we have learned and commit ourselves as a nation, whoever is Secretary of State for Transport, to maintain the level of support that the railways need and deserve.
Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - - - Excerpts

I did not intend to speak, but as the debate is so interesting I cannot resist the chance to say a few things. In my experience, this debate always reflects pre-existing ideological positions and, frankly, does not often tend to delve into the intricacies of what is best for running a railway. That can be seen in all parts of the House of Commons whenever this debate comes up.

For Government Members there are some difficult facts about our present system that need to be addressed. The existing railway in the UK could not strictly be described as a privatised system. It is a hybrid system; the way that it was initially privatised secured that. A true privatised system would perhaps have been to bring back the Big Four railway companies and have them compete against each other, but that is not what we have at the moment.

There has to be acknowledgment that the system depends on public subsidy. A railway system for a country such as ours would always need a large amount of subsidy. The way that we do that now is to give the subsidy to Network Rail for the infrastructure. When we talk about the francishees paying premiums to the taxpayer, it is because we set the access charges according to the subsidy that we give. It is still a system that requires a net contribution from the taxpayer.

We also have to reflect on the fact that the existing hybrid system is as it is because the initial privatisation simply could not cope with the liabilities. Railtrack simply could not deliver on what was promised, even in the initial honeymoon period. There has to be a reflection that East Coast did work extremely well, even if it was initially intended for a limited period. In effect, many of our railway operations are publicly owned; they are just publicly owned by foreign Governments. Their subsidiary companies operate our system. In addition, our ticketing system is bizarre and complex, and much more expensive than in comparable European countries.

The Opposition and those who traditionally push a nationalised position have to reflect that British Rail was a poor service. We cannot look back to any golden era; I have never pretended that that existed. Equally, when we talk about East Coast we have to reflect that that operated within an overall system of incentives and penalties; that is the privatised operations system that we have.

Fundamentally, we have to recognise that franchises are contracts. Contracts can be good; they can be bad. Some of our initial franchise agreements on the railway were frankly abysmal in the system they operated. Others that have been let more recently have been more effective.

I will vote for the new clause for two reasons: integration and flexibility. Railway systems around the world tend to be more successful with a higher degree of integration between infrastructure and operations. Our existing system causes real problems, and many of the problems for passengers come from that lack of integration.

As the right hon. Member for Chelmsford said, flexibility is the key issue. He mentioned the additional operations from Scarborough being run by Virgin. Although that is welcome, flexibility is the crucial problem with the franchise system. Northern has had huge demand in terms of passenger numbers—it has happened in my constituency. The economy has fundamentally changed and there is huge demand for rail services—in many ways it is a golden era for the railway. However, the franchise agreement could not respond to that demand. It was let on the assumption of zero growth, and I would not have complaints about the people and the process for doing that. Yet we have all the problems of a bureaucratic, nationalised system and none of the attractions of a market system, which would respond to a price signal from the market. That is why we have problems of overcrowding, poor services and inability to meet demand.

There are many examples of successful, publicly-owned railways around the world. I recently got back from Hong Kong, which is not renowned as a socialist utopia—it is a dynamic, capitalist part of the world economy, with a publicly-owned railway. We can always look to examples from that country; indeed, we need to look around the world for best practice in running a railway. I am comfortable with the new clause, because we need to look at how best we can integrate our railway, to deliver the best deal for passengers. It should be permissive: we always need to leave the door open for a more integrated system, even if we have our existing hybrid system at the moment, which—based on the length of those franchise agreements—will be with us for a considerable time. This conversation needs to be focused more on the best way to run a railway and less on pre-existing ideological positions.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

The intention of the proposed new clause is to require passenger services operating on whole or part of the high speed line to be provided by a publicly-owned railway company, essentially nationalising HS2 train services. I regularly travel on the east coast main line—indeed, the hon. Member for Middlesbrough and I travelled on the same train on Monday morning, on the Grand Central service, which was set up by buccaneering free market innovator Tom Clift, who is sadly no longer with us, and his team. That successful open-access operator has been taken over by Deutsche Bahn. It regularly tops the league in passenger satisfaction and punctuality. Most of the staff come from Sunderland and they are a model of the customer service that we expect on our railways.

The proposed clause would restrict the operating structure of HS2 at this early stage—essentially seeking to nationalise the HS2 rail service, which is against the broader principles of how successful rail services in the UK are currently operating. My right hon. Friend the Member for Chelmsford has done my job for me in making the case to reject this new clause.

With regard to the commercial operation of phase 1 of HS2, it is imperative that we keep our options open. With the line not due to open until 2026, decisions on the commercial model to operate HS2 are some time away. Whatever those decisions might be, they will be made to seek the best value. This is about delivering the best service at the best price for the passenger and the taxpayer, not pandering to outdated 1970s socialist dogma. The rail franchising system is designed to deliver benefits for passengers and taxpayers, which are realised through competition. Since privatisation the rail industry has been transformed, with passenger journeys more than doubling over the past 20 years, from 750 million to around 1.6 billion. We believe that this remains the right approach overall in delivering the best value for the country and tax and fare payers.

The model that is being delivered in the UK is being emulated around Europe: for example, National Express is operating two franchises in Germany. As we have heard, the east coast main line is extending new services to Middlesbrough and Sunderland, and we have heard this week that a direct service to Scarborough is being considered. If one needed an image that encapsulates what is wrong with British Rail, it would be the pacer train, which was built by British Rail under a nationalised British Leyland. It was an infinitely unpopular train, and when this Government came to power we gave a pledge to phase it out.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - - - Excerpts

The Minister and I have had this exchange about the pacer train before. Has the longevity of the pacer train not been due in part to the fact that they are very cheap to run? Under the franchised model, it has been very hard to get rid of them, unless there has been an explicit overruling of the market system by Ministers. The private operations—the market—cannot get rid of the pacer trains; it has to be a political decision.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

The pacer train was the offspring of the position that a state-run railway can often find itself in, faced with other demands on public sector finances, not least the health service. Built on the cheap, with single-axle units without bogies and the correct suspension, the pacer trains were never going to be fit for purpose and were very unpopular. I am delighted that the Government are going to phase them out.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - - - Excerpts

Surely the Minister recognises that he, or certainly his Secretary of State, has had explicitly to overrule the civil service—by ministerial direction—to get rid of the pacer trains. There has had to be an explicit political decision, because the market alone would not have got rid of it.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

Another factor in our ability to phase out the pacer is the fact that with new rolling stock coming in in so many areas, we have other rolling stock cascading down to replace the pacers. This is a direct result of the investment in the rolling stock. On the east coast main line we look forward very much to the IEP trains built by Hitachi in the north-east, which, I think, will be a phenomenal improvement to that service and free up rolling stock for some of the new services that will be provided on the non-electrified part of the network.

Section 24 of the Railways Act 1993 states that the appropriate designating authority—in the case of HS2, the Secretary of State—may by order grant exemption from designation of a service to require a franchise under section 23(1) of that Act. Therefore, if so decided, the HS2 service will not require a franchise. However, as I have already stressed, the commercial model to operate the HS2 infrastructure and train service are yet to be determined. To speculate, it may well involve some sort of transitional phase in the early years.

With the ability to exempt a service from the franchise requirement set out in the Railways Act 1993, I do not believe it is necessary to include the proposed new clause in the Bill. With that explanation, I hope the hon. Member will withdraw his proposed new clause, although I am not too optimistic that he will.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

The Minister’s judgment is, as ever, accurate. We have had a thorough debate and the issue shows clear dividing lines between both sides of the Committee. I am grateful to my hon. Friend the Member for Blaydon for reminding us of some of the horrors that were experienced under the management of our infrastructure under the guise of Railtrack.

May I pick up on a couple of points? On British Rail, I hear what the Minister said, but I respectfully suggest that we are talking about an era when there was little faith or investment going into our railway system. We do a huge disservice to the British Rail engineers who kept that service going, effectively on a shoestring. We do them an injustice by not recognising the work that they did.

Virgin and the new services have been mentioned as an illustration of innovation and new services that can be brought into play. I note what the Minister says, but on that detail, because of the way that matters are currently structured and the potential for development of open access services, there is significant pressure and a countervailing argument. This suggests that Virgin/Stagecoach—my hon. Friend the Member for Blaydon is quite right that it is principally a Stagecoach company—will not fulfil the promises that it made in the franchise specification to introduce new services to places such as Scarborough and Middlesbrough. While it is not strictly within the ambit of our discussion, perhaps Mr Chope might take the opportunity to speak with the regulator to ensure that nothing will happen that will undermine or betray those promises.

The Minister talked about the innovation of the IEPs being introduced under the current structure, including those that can be produced by Hitachi in Newton Aycliffe. I think we are all waiting with bated breath, because Hitachi is there for one very good reason: it has access to the single market. However, that is perhaps an argument for another day.

10:03
This is a straightforward political choice; we respectfully acknowledge that. I caution against describing as outdated the desire of the British public to see their own railway services and railway infrastructure run by the state. They look to other countries. The Minister alluded to the breaking out of the franchise system across the European Union, but I think he would have to concede that the structures in Germany, France or Spain look starkly different from the one that obtains in the UK at the present time. He may be right that there is some development, but as we speak, we are very much an outlier in terms of the proportion of private franchise operations running our rail services.
Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

I suggest that rather than being an outlier, we are leading the way.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

That is an ingenious way of interpreting stark distinctions between the United Kingdom and, for example, Germany. Deutsche Bahn provides the majority of infrastructure services in Germany, and it is coming into the UK for the rich pickings and to take our taxpayers’ investment back to Germany’s railway system.

I politely caution the Minister against describing our amendment as representative of an outdated “1970s socialist dogma”. If that was right, there would be some cause for concern, because this idea is extremely popular with the general public. Surveys done in recent times have suggested there is concern about the fact that taxpayers’ money is being used to fund state-owned companies such as Deutsche Bahn, Nederlandse Spoorwegen and Keolis. If the Minister wishes to ignore that, that is a matter for him. We have had a good debate, but this is such an important new clause for HS2 that we wish to press it to a vote.

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

Division 6

Ayes: 6


Labour: 6

Noes: 10


Conservative: 9

New Clause 22
Construction Commissioner
(1) There shall be a Construction Commissioner to consider any complaints about HS2 construction including any that have not already been the subject of discussions with the nominated undertaker.
(2) The Construction Commissioner shall administer a scheme for the administration of small claims relating to the effects of HS2 construction.
(3) Notwithstanding subsection (2), the Construction Commissioner shall have authority to consider and adjudicate on all complaints regarding HS2, without limitation including as to the amount of any claim for compensation or monetary relief, but subject to subsection (5).
(4) The Construction Commissioner shall have express power to consider claims for compensation for property losses including damage caused by underground settlement.
(5) The Construction Commissioner shall not have power to consider complaints regarding the approval as a matter of principle of the construction of high speed rail lines.
(6) The Construction Commissioner shall be independently appointed by a process of open competition overseen by a panel of local authorities and other parties with a legitimate interest in the good administration of HS2 construction. The panel shall also monitor the operation and performance of the Construction Commissioner’s office.
(7) The Construction Commissioner shall be appointed within three months of Royal Assent.
(8) The Construction Commissioner shall report annually to Parliament in a report to be laid before both Houses of Parliament which shall include an assessment of the smallclaims scheme. The report shall include an assessment by the appointment panel of the Construction Commissioner’s efficiency and efficacy in complaints handling.
(9) The Construction Commissioner may be dissolved by the Secretary of State no earlier than three months after the completion of construction works authorised by this Act, and not before the Construction Commissioner has published a final report on the administration of HS2 construction and the operation of the small claims scheme.—(Andy McDonald.)
This new clause would allow the Construction Commissioner to consider complaints without limitation as to the amount of any claim for compensation. It would also require the Construction Commissioner to be appointed by a process of open competition.
Brought up, and read the First time.
Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

From nationalisation and re-privatisation to perhaps something a little less contentious. The new clause concerns the role of the construction commissioner. I will not read into the record its nine subsections, but it would allow the commissioner to consider complaints without being limited to the amount of claims for compensation. It would also require the commissioner to be appointed by a process of open competition.

In January, HS2 Ltd announced that it was looking to recruit a construction commissioner to investigate any issues that arise during construction of the much-needed new infrastructure project that cannot be resolved through its corporate complaints procedure. In December 2015, it published an information paper that outlined proposals for the commissioner, which stated:

“The Secretary of State will ensure that a Construction Commissioner is appointed by the time construction begins. If people have a complaint during construction that cannot be resolved through the nominated undertaker’s complaints process, they will have the option of referring their complaint to the Construction Commissioner.”

That is a welcome move. I note that during the construction of Crossrail—the Elizabeth line—a construction complaints commissioner performed an equivalent function. There is, however, no reference to the role of the HS2 construction commissioner in the Bill, so I want to press the Minister on what the commissioner’s role will include and exclude with reference to what the information paper states is expected.

The commissioner’s role is not to include the consideration of claims over £10,000. On 26 February 2016, in answer to written question 28079, the Minister said:

“This figure is provisional, based on other infrastructure projects, and will be subject to review by the steering group.”

I invite him to explain whether the limit should be set at £10,000. Does he think that might constrain the commissioner’s effectiveness in investigating issues that arise during construction?

The information paper also stated that the commissioner’s role will not be to consider

“matters considered by Parliament in approving the project”.

I fear that that may be unnecessarily restrictive and could be exploited to prevent the commissioner from carrying out his or her role effectively. The Bill has a long and complicated legislative history, so I am concerned that a liberal interpretation of that would allow the commissioner to consider hardly any complaints, as almost every issue will have been considered at one time or another by Parliament in approving the project.

It is important that the commissioner is not unnecessarily restricted in his or her role, so I invite the Minister to clarify the commissioner’s role in relation to matters considered by Parliament in approving the project. If the commissioner is not to consider “matters considered by Parliament” or claims “over £10,000”, there would not appear to be a lot for them to get their teeth into. I want to probe those issues and try to secure clarification and reassurance. I look forward to what the Minister has to say.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

I will say at the outset that I share the hon. Gentleman’s wish for an effective construction commissioner, and I reassure him that after an open advertisement for candidates HS2 is in the process of appointing one. His or her role will be similar to the one set out in the new clause, but with some exceptions.

The appointment will address the points covered in subsections (1) and (2) of the new clause. The matters covered in subsection (3) will be limited to small claims, as it is more appropriate for larger claims to be dealt with through existing legal processes, such as the lands chamber of the upper tribunal.

Matters set out in subsection (4) will be dealt with in the appointment, except where a settlement deed has been offered, as this provides a direct contractual route for claims. The appointment will align with subsection (5). Under subsection (6), the appointment will be made with the involvement of an independent body—the chief executive of the Civil Engineering Contractors Association; and the contract of appointment will stress the complete independence of the commissioner. With regard to subsection (7), the appointment process is under way, and HS2 Ltd expects to interview candidates this week, I believe.

Under subsection (8), the construction commissioner will provide an annual report and other reports as required on the activities of the construction commissioner’s office and its statement of accounts to the independent body, which will be made up of a variety of project stakeholders. It may be that thereafter the independent body will make the documents publicly available. Finally, under subsection (9), the appointment will continue to the end of construction, and it is anticipated that a full final report will be prepared.

I have not received representations about either increasing or reducing the £10,000 limit, but I would be keen to consider anything that provided a chance to look at the matter again. I suspect that the commissioner might be the best person to review that and make recommendations. I believe that the points that the hon. Gentleman made have been addressed and are superfluous. I hope that he will withdraw the new clause.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I am extremely grateful to the Minister for that thorough analysis of the new clause. He referred to every subsection and it would be churlish of me not to acknowledge that those points have been addressed in full measure. I am reassured to know that there is a residual ability to progress larger claims by alternative means. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 23

Designing Euston as a single integrated Station

(1) The new high speed platforms to the west of the existing Euston Station must be designed as part of a plan for a single fully integrated Euston station which provides platforms for HS2, mainline and Crossrail 2 services.

(2) Full integration means, but is not limited to—

(a) east-west and north-south permeability, with at grade accessible routes across and around the station for pedestrians and cyclists accessing the local areas,

(b) integration into the existing local transport network, and

(c) the potential for over-site development across the whole Euston station site and tracks.

(3) In developing the design for Euston Station, the Nominated Undertaker must consult with—

(a) the local community and local businesses,

(b) the London Borough of Camden,

(c) passenger groups,

(d) the rail industry,

(e) Transport for London and the Greater London Assembly, and

(f) any other party which the Nominated Undertaker deems appropriate.—(Andy McDonald.)

This new clause requires the design for Euston Station to be approached in a holistic fashion, ensuring that plans for the HS2 platforms do not limit future integration with and redevelopment of the existing mainline station at Euston, nor with plans for a Crossrail 2 station in the area, or the potential for over-site development. It would require the Nominated Undertaker to consult widely on the design of Euston Station.

Brought up, and read the First time.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

New clause 24—Euston Station design: having regard to plan, guidance and undertakings etc.

(1) The Nominated Undertaker must design HS2 Euston Station having regard to the Euston Area Plan and any other relevant Opportunity Area Frameworks and Guidance, and any other commitments or undertakings given by the Secretary of State to the London Borough of Camden, the Greater London Authority or Transport for London.

This amendment would ensure that designs for Euston Station are in keeping with assurances received by interested parties from HS2 Ltd, secured via the petitioning process. The design must be in keeping with relevant plans and guidance already published.

New clause 25—Integrated development of Euston Station

(1) The Nominated Undertaker must design HS2 Euston Station in such a way that its design—

(a) facilitates the acceleration of the redevelopment of Euston Mainline Station,

(b) does not preclude future integration with a rebuilt Euston Mainline Station,

(c) does not preclude future integration with the Crossrail 2 proposals at Euston, and

(d) maximises the opportunity for mixed use over-site development, especially the maximisation of new affordable housing and the creation of open space.

This amendment would ensure that any development at Euston Station does not preclude the future redevelopment of and integration with the existing mainline station, nor integration with a future Crossrail 2 station at Euston, or maximising the potential for over-site development at Euston.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

This group of new clauses deals specifically with Euston. Many of us have had the opportunity not only to visit Euston but to look at innumerable plans and photographs showing just how significant the development will be for the people of Camden. The thrust of the new clauses is to try to deal with some of the many and varied concerns that people have about the opportunities presented by the integration of the station building with HS2 and other elements.

New clause 23 would require an holistic design approach to ensure that HS2 platforms would not limit future integration with, and redevelopment of, the existing main line, plans for a Crossrail 2 station, or potential over site development. The nominated undertaker would be obliged to consult widely on design. New clause 24 would simply ensure that the station designs were in keeping with assurances received from HS2 Ltd by interested parties, secured via the petitioning process. It would accordingly require the design to be in keeping with already published plans and guidance.

10:03
New clause 25 demands that any development at Euston station must not preclude any future developments or integration. Euston is a nationally significant economic opportunity, and an immense one for regeneration. HS2 can, without doubt, be the catalyst for delivering a new central London district, providing thousands of new homes and jobs. A fully integrated station could generate a development value of about £3 billion in itself, plus an additional £1.1 billion in gross value added per annum, and return approximately £1.3 billion to the Exchequer up to 2060. Euston therefore has the potential to become an international development exemplar. It can deliver high-quality, comprehensive and transformational development that integrates with the community and delivers considerable benefits to that community. That shared objective is sought by many of our amendments.
Camden Council, in close consultation with the Greater London Authority, Transport for London and Network Rail, settled on a “Growth Strategy for Euston: HS2 Gateway to Central London”. The document sets out the shared ambitions for HS2 and the new Euston to
“deliver regeneration across the wider Euston area providing major benefits at both a local and national scale.”
The strategy states:
“To unlock the major growth and regeneration potential at Euston commitment and funding is required—
obviously—
“This Growth Strategy sets out the case for this significant opportunity and how it can be achieved…All the partners embrace the ambition for Euston and are committed to realising this once in a century opportunity.”
It adds, happily:
“The strategy is endorsed by the Camden Business Board.”
The strategy document notes, however, that funding has been committed only for the railway infrastructure and the station associated with HS2, and for little else. No funding or commitments are in place for the Network Rail part of the station. As a result, the people of Camden are looking forward—or dreading—many years of disruption, which could be considerably shortened if the ambitions for the mainline station and the preparations for Crossrail 2 were factored in at this stage.
Despite the assurances given by HS2 as recently as 23 February 2016, in a letter from Roger Hargreaves, the director of hybrid Bill delivery at HS2, to Mike Cooke, the chief executive of Camden, the separation of the HS2 scheme from the redevelopment proposals for the existing station continues to pose a number of significant risks to future planning for the area and its ability to realise growth and regeneration. To build in delay and years of disruption is unfair on the community that has to suffer the disruption and inhibits the full capitalisation of the potential regenerative impact.
Only a little more than two years ago, in the Evening Standard, the Chancellor signalled plans for a full-scale rebuilding of Euston station to create a brand-new shopping centre, offices and apartments. He gave that interview on returning from a trip to Hong Kong and said unequivocally that the 46-year-old station should be replaced completely for the arrival of High Speed 2:
“I’m thinking that maybe we should go for a really big re-development of Euston…There is a really big opportunity for jobs and for housing in the area. Let’s face it—Euston is not one of the prettiest of the London stations. It was last redeveloped in the middle part of the last century.”
I would like to test the Minister on the extent to which those bold ambitions hold true.
Camden Council leader Sarah Hayward derided the plan to simply extend the station to incorporate HS2 as
“a shed being bolted onto an existing lean to”.
Indeed, the London Mayor said it is
“a missed opportunity for regeneration and jobs.”
Clearly the Chancellor had something considerably different in mind from the somewhat piecemeal development before us.
The number of platforms at Euston will increase initially from the current 18 to 19—13 conventional and six high-speed platforms—for the purpose of HS2 phase 1. Although phase 2 is outwith the scope of the Bill, we are talking about developing Euston not simply for phase 1 but in anticipation of phase 2 and Crossrail 2. Euston will have 24 platforms in phase 2—13 conventional and 11 high-speed platforms. Petitioners described additional provision 3, which was introduced in September 2015 and is now part of the Bill and the scheme, as
“a potentially missed opportunity for holistic regeneration of the station and the area.”
A word about over site development is warranted. I have satisfied myself that over site development is not about forgetting or overlooking bits of the plan—as in “something of an oversight”—but about the potential for structural development above the station. There are magnificent examples and further plans for development above several railway stations, which can be immensely attractive and have considerable potential. Over site development is central to the vision for Euston and critical to providing capacity for the scale of change sought. Over site development enabling works, including a structural deck, will be needed. We understand that that represents a funding challenge, as investment for such structural works will be required up front in the early stages of development. Returns might not be realised for a decade or more, due to the delivery timeframes involved.
I referred earlier to the letter from Mr Hargreaves to Mr Cooke, which contained assurances about the impact of HS2 phase 1 on Euston and the wider Camden area. There is undoubtedly a desire, as expressed by the promoter, to deliver the Euston vision and work collaboratively, as evidenced by the growth strategy to which I referred earlier. The assurances document, as I call it, is the most current and up-to-date commentary that I am aware of relating to my new clauses. It might assist the Committee if we examine how those assurances pertain to the concerns that the three new clauses attempt to address.
On the aim of designing Euston as a single, integrated station, I am pleased to note that the Government have confirmed that the enabling works for over site development at the HS2 station are fully funded. That is most welcome, but it simply addresses the enabling works, not the works themselves. As we proceed, I invite the Minister to indicate the extent to which the Government are willing to give commitments over and above the enabling works. In doing so, will he better describe the full extent of the enabling works and how they will facilitate the comprehensive and integrated development that the majority of interested parties wish to come to fruition?
The assurances reaffirm the fact that the scheme will support local, economic, environmental and regeneration plans and integrate with other local initiatives. That approach is central to developing the design for HS2 Euston station. There is clearly a commitment to engage fully not only with Camden but with Transport for London and the Greater London Authority. I acknowledge that the Secretary of State will require the nominated undertaker to participate in the Euston strategic board, and that any further governance arrangements will include the integration of HS2 Euston with other committed or proposed projects. I note that that commitment is time-limited to the completion of HS2 works. Necessarily that does not include, as currently configured, the upgrade of the conventional rail station and its facilities, which Camden wish to see merely as part of a single integrated railway station, to say nothing of Crossrail 2.
In short, the desire is to go about business, preferably with all three rail elements accommodated in the development, insofar as that can be achieved given the putative status of Crossrail 2 plans. That assurance document, as I call it, demonstrates a real commitment by the respective parties to engage and co-operate, but I am concerned that the promoter is willing only to fulfil the assurance that Camden Borough Council seeks, strictly on the basis
“that the London Borough of Camden will not be pursuing opposition to the Bill on issues of the design and implementation of HS2 Euston Station and comprehensive redevelopment”.
Unless the Minister has some compelling explanation for that conditionality and why it is expressed in that way, I cannot think why such a heavy-handed approach should be necessary. I invite the Minister to disassociate himself from such intimidating—and apparently bullying—language and assure Camden that its continued involvement and collaborative working with other partners and agencies will not be prejudiced should it raise, or continue to raise, concerns and objections to planned designs and implementation, and that, specifically, its participation is not predicated on its acquiescence with such designs and plans for implementation. It is a strange way to collaborate and co-operate by saying, “You can be part of this and will have your say, as long as you do not say anything that we disagree with. If you do, you lose your place at the table.” Perhaps the Minister would address that.
With that significant issue resolved by the Minister, as it must be if the parties are to work together, it is pleasing that the promoter will set up the ESSRB—the Euston station strategic redevelopment board: the acronyms in the Bill grow longer, to reflect the length of the platforms. Its terms of reference deal with the integration, not only of HS2 at Euston station but the rebuild of the main line station, with the caveat of “as and when” such rebuild may be funded and authorised, and supporting the timely consideration to reflect the London Borough of Camden’s ambitions to limit disruption; the Crossrail 2 proposal at Euston; and over site development and related development opportunities above the Euston station and tracks in line with the Euston area plan.
There is a great deal more to the anticipated terms of reference of the Euston station strategic redevelopment board, but there is a huge “but”. Addressing the main line station and Crossrail 2 issues within the terms of reference might be fine as far as those ambitions go, but perhaps the Minister could say more about how far those terms of reference might meaningfully extend to achieving a fully integrated station. Can he guarantee that the design of HS2 Euston will be entirely consistent with achieving total integration with the rebuilt mainline station and Crossrail 2 in due course?
The assurances document admittedly goes a long way to ensuring those objectives are met, but will the Minister confirm that Camden Borough Council will be permitted to express its concerns without receiving a red card, so to speak, as the assurances document suggests? Such assurance would be welcome. If the Minister is able to do that, I expect us to make progress on new clause 25.
New clause 24 speaks to the concern that any designs for Euston station should be in keeping with assurances received by interested parties from HS2 Ltd via the petitioning process. Compliance in that regard would obviate the likelihood of any opposition from Camden and, in the absence of such opposition, would hopefully keep it on the field of play as a collaborative partner.
10:03
The design must be in keeping with relevant plans and guidance already published. For example, the Euston area plan states in its design strategy, among other things, that the relevant objectives are about “securing excellent design”, making the best use of space, creating new streets above the station and tracks and “promoting sustainable travel”. Point A of strategic principle EAP2, which concerns design, specifically states:
“Development and change will create an integrated, well connected and vibrant place of the highest urban design quality, which builds on existing character and provides an attractive and legible environment for local people, workers and visitors.”
Point B states:
“Any proposals should fully address the following key urban design principles: improving connectivity by enhancing existing and providing new east-west and north-south links, reinstating the historic Euston area street pattern and improving wayfinding; transforming the public realm through improvements to streets and the buildings that front them; providing active frontages along key streets to enliven streetscapes and make them attractive and safe routes; creating a network of new and improved open spaces and squares;”—
we will return to that in due course—
“ensuring that development is of the highest architectural quality and designed to be accessible to all; responds to the viewing corridors, scale and character of existing buildings, and context; protecting and enhancing heritage assets and their settings that are sensitive to change; and ensuring world class station design and a comprehensive approach to above station development.”
Finally, point C states:
“While the strategic viewing corridors will limit development heights in the Euston area there may be some opportunities for taller buildings subject to design, heritage and policy considerations.”
Will the objectives and principles set out in the Euston area plan be enshrined?
Thereafter, the register of undertakings will record undertakings given by the Secretary of State. New clause 24 would simply serve to reinforce those undertakings, assurances and commitments with the force of law. If the Minister can assure me that all the commitments contained within the Euston area plan and elsewhere, as described in the new clause, will have the force of law without appearing on the face of the Bill, or if he can assure me of their observance by the nominated undertaker, I may be persuaded not to push the new clause to a vote. I await his response with great interest.
Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

Euston is a tremendous opportunity with regard to HS2 and the other developments that will be taking place in the area. It is an opportunity that we should grab with both hands, to maximise its potential. I hope that Camden is signed up to that ambition too.

Local authorities up and down the line are in the process of moving from a “Stop HS2” stance to one of asking, “How can we maximise the benefit for our community?” I think that communities would have expected their local authorities and their councillors to take that initial line, but to then start to engage more fully at the necessary stage. Indeed, I have met with the leader of Camden Council, and she is someone with whom I can do business. We have seen the transformational effect that station development has had at King’s Cross, and I would like to see that echoed in what we do at Euston.

With regard to the specific wording that the hon. Gentleman referred to, I can reassure him that this is not designed to be a gagging order. This wording is an appropriate condition that is included in agreements where petition issues have been met, and aims to make sure that the same issues are not raised in the Lords at hybrid Committee stage. It should be remembered that as a planning authority Camden can object during the detailed design stage of the process.

Regarding new clause 23, I can assure the hon. Gentleman that we have always been cognisant of the need to integrate the new station with the existing transport networks in the area, and to augment them where necessary. On that basis, this clause is unnecessary, as our current proposals for the design of the HS2 Euston station are already designed to dovetail with various potential design concepts for the redevelopment of the conventional side of Euston station by Network Rail, at what we call the B2 stage of the station redevelopment. In particular, our current design, as already set out in the Bill, will enable future east-west permeability across the whole station, and enhancements to the foundations to support future oversite development on the new station.

The hon. Gentleman said that this was a funding challenge, but of course that funding will unlock tremendous development opportunities over the site. The design makes the necessary provision for future passenger connectivity to Crossrail 2, the latter being a strategy that has been developed in close collaboration with London Underground. Incidentally, of course the development at Euston will also result in a massive improvement to the facilities available for London Underground passengers, ensuring better passenger flows and a subway connection from Euston Square station, which currently involves crossing streets.

Furthermore, the design for Euston as set out in the Bill is already set to provide not only the new station for HS2 but sufficient additional capacity for interchange with London Underground and other transport networks, in order to serve HS2 growth as well as growth in underlying demand in the longer term. Indeed, when the first phase of HS2 is open, we anticipate around 30% of passengers alighting at Old Oak Common, as that will be a better station by which to access some of the London destinations and Heathrow airport. That will take some of the pressure off Euston. There may well be a good opportunity for some more development to be carried out by Network Rail while it makes use of the lack of pressure on that station, which is already one of the busiest in the country. It is the Government’s intention that Network Rail would, in this context, develop its own proposals to ensure a joined-up vision across the whole station and support the objectives for the surrounding area.

As for subsection (3) of the proposed new clause, we have provided assurances to the London borough of Camden and Transport for London about working with both these parties, along with Network Rail and the GLA, under the auspices of bodies including the Euston station strategic redevelopment board and the Euston integrated programme board. This will comprehensively address the hon. Gentleman’s objective here.

New clause 24 is unnecessary as the Bill already establishes a special planning regime for the approval of certain details, including the design and external appearance of stations in accordance with schedule 17. The London borough of Camden will be the determining authority for these approvals, and the Euston area plan will be material to its determination in so far as it is material to the matter for approval and the grounds specified in the Bill. Any oversite development above and around the station and tracks will be determined outside of Bill processes, under normal planning processes for which the London borough of Camden will be the determining authority.

The Euston area plan provides the local planning policy framework for deciding submissions for approval of relevant details in accordance with the planning regime established under schedule 17, for approval of over-site development and any other development outside the Bill powers. I should also note that we have of course been working closely with Transport for London to ensure that the approach to transport planning for London is joined up, and specifically that planning for passenger journeys from origin to destination is co-ordinated.

Many of the points I mentioned in my response to new clause 23 from the hon. Gentleman opposite are similarly relevant to new clause 25. Our current plans for the design of the HS2 Euston station already facilitate a variety of potential designs for the conventional station, allowing for the potential for connectivity with Crossrail 2, and providing for over-site development. Network Rail is committed to preparing a planning brief appropriate to the conventional side of Euston station, and is working closely with us and Transport for London to prepare proposals for the conventional station which have been co-ordinated with the new high-speed station. We support the wider vision for the Euston area. Those proposals will be promoted, funded and implemented through Network Rail’s normal control period infrastructure investment programme.

I believe that all the hon. Gentleman’s points have been addressed, so I hope that he will not press proposed new clauses 23 to 25.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I am grateful to the Minister for his response. I will certainly not press new clause 24, given that he kindly set out that the authority will be Camden, which is greatly reassuring. Similarly, I will not press new clause 25, because the Minister has satisfied me in that respect.

My only concern is about new clause 23. Although he has gone a considerable way towards satisfying me on the issues raised in that clause, he did say that the intention was —I do not know what the words were—to encourage Network Rail to come forward with a plan for the mainline station. I do not wish to be churlish in any way, but that qualification seemed to dilute somewhat the import and intent of new clause 23. It is not something that has been secured, so for that reason, I wish to press new clause 23 to a Division. I am content, however, not to press new clauses 24 and 25.

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

Division 7

Ayes: 5


Labour: 5

Noes: 10


Conservative: 9

New Clause 26
Maximising bringing in and removal of excavated and construction material by rail
(1) Throughout the construction of Phase One of High Speed 2, the Nominated Undertaker must seek to maximise the volume of excavated and construction material from the construction of Euston Station and approaches to be brought in and removed by rail.
(2) In discharging the duty under subsection (1), the Nominated Undertaker must have regard to the wider environmental impacts to the local community and on passenger services.—(Andy McDonald.)
This new clause requires the Nominated Undertaker to put in place a plan to deliver the maximum proportion of excavated and construction material by rail. The clause seeks to protect the Euston area from the impacts of dangerous and polluting heavy goods vehicles.
Brought up, and read the First time.
Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

This new clause’s clear objective is to put a provision in the Bill to address the very considerable concerns of Euston’s residents, so that everything that can be done is done to minimise the inevitable and significant disruption caused by heavy goods vehicles taking excavated and waste materials away from the site and bringing in construction materials. When I talk about excavation, I fully recognise that all the materials that will be extracted and excavated in respect of the tunnelling will be taken away by rail. However, it is the excavations outwith the tunnelling that concern me and which this new clause deals with.

We are talking about the development of a railway at and around the site of an existing mainline railway. That being so, transporting excavating materials and bringing construction materials by rail makes eminent sense and will go some considerable way towards mitigating the impact of construction on the community.

11:00
I refer again to the assurance document that accompanied the letter to Mike Cooke, the chief executive of the London Borough of Camden, from Roger Hargreaves, the director of hybrid Bill delivery. HS2 Ltd has clearly applied its mind to the matters I seek to address in the new clause, but while the assurance document speaks to those matters, I would like to hear from the Minister about what force of law is attached to those assurances. If none, I hope that he will consent to including these reasonable provisions in the Bill.
The environmental statement that accompanies the scheme was predicated on the basis of moving all excavated material by road, which, as the document describes, is the worst-case scenario for the purposes of an environmental assessment. We therefore start from a bad place. It seems that a great deal of the reduction from that unenviably high watermark of road movement will be left to the tendering process. Nevertheless, the promoter has offered an assurance that the Secretary of State will require the nominated undertaker to maximise, in so far as is reasonably practicable and within the existing Bill powers, the volume of excavated and construction materials from the construction of Euston station and approaches brought in and removed by rail, while balancing the wider environmental impacts on the local community and passenger services.
There is an awful lot in that, such as the qualification of “reasonable practicability”. Last week we had a long discussion about my proposal to introduce the concept that the Secretary of State should behave “reasonably” so that his or her powers would be constrained in any flights of fancy or maverick behaviours. I was assured that everything that the Government did was reasonable, and sadly the vote was lost. Here we have the word “reasonable” again, but this time it seeks to diminish or detract from an undertaking by introducing the caveat that it will apply only if reasonably practicable. That could leave a somewhat bitter taste and, while it may be understood why that qualification is necessary, such a get-out clause does little to allay the concerns of Camden residents that everything will be done that can be done.
There is a requirement on the nominated undertaker to engage with others to settle a plan for transporting excavations and bringing in materials, but the assurances do not set out any quantifiable measures on what proportions of materials will be transported by rail and what will be transported by road, and during which hours. There are measures that describe how waste and materials should be managed, but as far as I can see there are no specific numbers or targets against which success or adherence can be measured. The Minister may correct me on that in his response.
On page 14, paragraph 6.1.2 of the assurance document says:
“The Secretary of State will require that the Nominated Undertaker during construction works, will ensure, insofar as is reasonably practicable that the impacts from construction traffic on the local community in the London Borough of Camden (including all local residents and businesses and their customers, visitors to the area, and users of the surrounding transport network) are mitigated by its contractors where reasonably practicable.”
However, all the contractor has to say is that it was necessary and unavoidable. The assurance in that document will not deliver one iota of additional and much-needed peace to Euston residents. I acknowledge that it is difficult to be totally prescriptive about quantities, but perhaps best industrial practices could inform the nominated undertaker in managing these issues. Can the Minister comment?
I know that the rumbling of HGVs is a big issue for Camden residents, and I am most interested in what the Minister has to say. Given that the new clause is at one with the assurances given by HS2, if those assurances are to be worth any comfort to Euston residents, it is entirely consistent that such provision appear on the face of the Bill. I have framed the new clause in a way that reflects the reality of construction and in no way interferes with the operation of passenger services, so I trust it can be favourably received. I look forward to hearing from the Minister.
Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

I fully recognise and agree with the sentiment behind the new clause. It is for that precise reason that my officials have already agreed a binding assurance with the London Borough of Camden that we will maximise, as far as reasonably practical and within existing Bill powers, the volume of excavated and construction material from the construction of Euston station and approaches to be brought in and removed by rail, while balancing the wider environmental impact to the local community and passenger services. For that reason, the new clause is unnecessary.

In order to determine the level of material that could be removed by rail, further work is required with rail partners, the London Borough of Camden and Transport for London. To that end, we have further agreed to develop a plan together with the London Borough of Camden, the Greater London Authority and Transport for London for the bringing in and removal of excavated and construction materials to and from Euston station by rail. The plan will include the consideration of options that will require separate planning permissions that may be granted by the London Borough of Camden or the Greater London Authority.

I can be more helpful than the hon. Gentleman possibly anticipated on excavated materials that will need to be transported. I have some figures which relate to Euston and Camden and the central London and metropolitan area. We anticipate that the excavated material will be transported by three means: by rail, public highway haul or site haul, which means utilising the line of route to transport goods, whether by conveyor belt, by dumper trucks that do not go on the public highways, or by the rail which will be placed on the line for its operation.

In terms of the central London and metropolitan area, site haul will be 56%, or 16.9 million tonnes; rail haul will be 31%, or 9.46 million tonnes; and public highway haul will be 13% or 4 million tonnes. As the hon. Gentleman can see, that has dramatically reduced the amount of material that will impact on people as they drive their cars or ride their cycles or are pedestrians in the London area. The figures for the total of the phase 1 route will be 70% by site haul, 24% by public highway haul and only 6% by rail haul given the network. I confirm that, unfortunately, there is no opportunity to use river or canal. I think the figures will soon be published in response to a parliamentary question, posed by Lord Berkeley, and become a matter of public information. I hope the hon. Gentleman is reassured that, where possible, we are doing what we can.

It is still early days for construction materials coming on to site. We have not yet awarded contracts and are not sure from where some of the materials will be sourced. However, we will be doing everything we can to maximise the amount of materials that can come in by rail, as this will limit the impact on people living in Camden. That will be a priority on the whole line to Birmingham.

All the hon. Gentleman’s points have been addressed, and I hope the proposed new clause will be withdrawn.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I am grateful to the Minister, but he has not gone as far as I expected. First, he is basically saying, “the assurances and our intent entirely fit with the import of the new clause.” I cannot for the life of me see why the new clause simply cannot be embraced. Among other things, the new clause would send a positive message to the people of Camden that the Government take the issue extremely seriously. The new clause would not only set out in great detail the Government’s intent, as contained in the assurance document, but would do so in the Bill.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

We have been here before on the assurances that have been given. I make it clear that, as with all assurances, the Secretary of State is accountable to Parliament. If someone believes that an assurance has been breached, the recourse is through Parliament.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

That does not negate the simple and principled point that the issue should appear slap bang on the face of the Bill. The Minister knows that disruption and pollution, which we will discuss, are significant issues for the people of Camden. Although he has given us a helpful breakdown of the figures and the methodologies for removing excavated materials from the site, he says that it is early days for the construction element. There can be no specifications for the likely figures for construction materials. That being so, it leaves a glaring gap in our knowledge of what is likely to happen. I can readily accept that the intention is to reduce road use, but this new clause would put that beyond doubt. With respect to him, the new clause is entirely consistent with the Government’s position. I am trying to be helpful by perhaps gaining some credit for the Government with the people of Camden, not only that their legitimate concerns are being rightly recognised, but that the Government are prepared to go so far as to place that assurance and guarantee slap bang where it belongs—on the face of the Bill.

Unless the Minister has been converted and will simply accept the new clause, I ask that it be put to a vote.

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

Division 8

Ayes: 5


Labour: 5

Noes: 10


Conservative: 9

New Clause 27
Engagement with communities living and working along the route
The Nominated Undertaker must have regard to commitments and undertakings given to the London Borough of Camden and any other relevant party to engage and consult with the communities who live and work along the line of route.—(Andy McDonald.)
This new clause would require the Nominated Undertaker to engage meaningfully with communities living and working along the London-West Midlands route.
Brought up, and read the First time.
11:15
Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

There is only so much disappointment that an individual can take. I thought that I had been pretty persuasive. Nevertheless, can I have a go with another one? I trust that this will be relatively straightforward—I live in hope.

The new clause calls on the nominated undertaker to conduct meaningful engagement with communities living and working along the London-west midlands route. It is self-explanatory. It simply requires the nominated undertaker to have regard to commitments and undertakings given to the London Borough of Camden and any other relevant party to engage and consult with the communities along the route.

There are two points to make. First, there has been comprehensive and in-depth engagement with communities thus far, through the good offices of the excellent Select Committee and that exhaustive process of listening to the petitions and requests for amendments, ameliorations and compensations. The new clause would require the nominated undertaker to engage consistently and continuously with such communities once the work was under way. The hope is that that would provide continuous reassurance to those communities that, even though HS2 has passed through all its necessary legislative processes, their concerns still rank with the promoter, the nominated undertaker and, indeed, the Secretary of State, and that there will be mechanisms for those communities to engage continuously with the promoter and others, so that any concerns that arise in the course of the construction or any opportunities that arise that require further attention are indeed given that attention and those concerns or opportunities will not be ignored or lost.

Secondly, with regard to the commitments and undertakings given to the London Borough of Camden and others, the new clause would go a long way towards embedding those undertakings and commitments in the programme for the entire duration of construction and operation, and would mean that there was a statutory confirmation that those commitments and undertakings have the force of law and must be properly regarded and observed.

I trust that this new clause is not considered contentious and can be agreed. I invite the Minister to confirm that he is agreeable to such a reasonable new clause, which is entirely consistent with his own comments to date and with the assurances given by the promoter.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

The hon. Gentleman says that there is only so much disappointment that he can take. I hope, in that regard, that he has started to prepare himself for the 2020 general election.

The new clause would introduce a requirement for something that the promoter is already obliged to do. As part of the development of the scheme and the Select Committee process, we have provided Camden with assurances on engagement with communities. Those assurances will be binding on the nominated undertaker. As with all assurances, the Secretary is State is accountable to Parliament should they not be delivered on. We recognise that communication and engagement are critical elements of delivering the construction works, and that high-quality engagement is essential to the nominated undertaker’s relationship with communities and stakeholders.

As the new clause recognises, we have given many commitments and undertakings to local authorities to consult the communities who live and work along the line of the HS2 phase 1 route. For example, an assurance has been agreed with the London Borough of Camden that requires the nominated undertaker to engage with the London borough on the development of a community engagement framework aimed at ensuring that all sections of the community, including businesses and individuals, are made aware of developments in relation to the construction programme and local impacts. Indeed, we both attended an event in Camden at which the new facility was launched. That not only provided an opportunity for local people to find out more about the development and the impact that it might have on their lives at various stages of the construction; there was also free hot-desking available for local businesses that might need to use those facilities, and I was very pleased, when we were there, to see so many local people availing themselves of the facilities.

With that in mind, I do not believe that the new clause needs to be included in the Bill. It would duplicate existing obligations, for which we are already accountable to Parliament. I hope, therefore, that the hon. Gentleman can withdraw the new clause and, possibly, avoid further disappointment.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I am grateful to the Minister for that very interesting response. I assure him that the only thing that keeps me going is the knowledge that we will be successful in 2020. Perhaps I might be sitting where he is—who knows? Having said that, I hear what he says. He addressed my concerns most admirably, and I agree that, given that explanation and those assurances, it is not necessary for me to take this new clause further. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 28

Report of the cumulative impacts of HS2 works

(1) The Nominated Undertaker shall prepare a report on the cumulative impacts of the works on each community forum area along the line of route.

(2) The report shall outline the key concerns from community groups and if and how these concerns have been addressed.

(3) The report shall be laid before both Houses of Parliament no later than three months after the day on which this Act comes into force.—(Andy McDonald.)

This new clause requires the Nominated Undertaker to report on the likely cumulative impact of HS2 construction works on each community area along the route. This report is to reflect the concerns of the communities affected and outline the ways in which the Nominated Undertaker plans to address these.

Brought up, and read the First time.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

This new clause seeks to address the concerns of communities affected by the HS2 construction works. There have been considerable concerns about the habitability of some of the properties close to the proposed HS2 works in which people are living. We have visited the sites and seen maps that show—certainly in Camden—properties that will not be demolished and will be extraordinarily close to the line of development.

One of the main areas of concern is the individual impact, which HS2 Ltd identified in its environmental statement. However, the cumulative effect of the various impacts on homes and habitability was not accounted for. HS2 Ltd’s methodology was to assess each impact individually. It proposed mitigation only if the impact is considered to be a significant hazard. HS2 Ltd assessed noise and visual impacts in the environmental statement, yet it looked at the combined impact only where more than one limit is breached.

Although HS2 Ltd’s approach is in line with current law, given the significant impact and duration of the scheme and the combined effect of the works, the Opposition believe that HS2 Ltd should go beyond the current statutory minimum to look at how the cumulative impact of the works affects the habitability of properties. There is currently no assessment of the cumulative effect where individual impacts are below the set limits, and there is also no assessment of the knock-on impacts that mitigation measures have.

Camden Borough Council provided an example. A home is close to the construction works. Its residents rely on opening its windows to ventilate it and enjoy the natural light. HS2 Ltd completes a noise assessment that concludes that the home is just below the limit required for noise insulation. Although the residents of the flat will hear the works, they do not qualify for extra window glazing as the noise levels they experience do not meet HS2 Ltd’s criteria. Once work starts, the residents keep their windows shut and their curtains closed to mask the noise, dust and unsightliness of the construction works. However, the lack of air and light to the property increases damp and mould and leads to overheating. The result is that the habitability of the property is affected and the residents’ living standards are reduced.

The concern is that there has not been an appropriate assessment of the cumulative impact of the works. Even if no individual limit has been breached, it is clear that the cumulative impact of the works might be significant, yet at present there is no sufficient mechanism through which the cumulative impact is assessed, which is an issue of concern to those who will be affected by the works authorised by the Bill.

11:25
The Chair adjourned the Committee without Question put (Standing Order No. 88)
Adjourned till this day at Two o’clock.

High Speed Rail (London - West Midlands) Bill (Sixth sitting)

Tuesday 8th March 2016

(8 years, 8 months ago)

Public Bill Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
The Committee consisted of the following Members:
Chairs: †Mr Christopher Chope, Mr David Hanson
† Anderson, Mr David (Blaydon) (Lab)
† Ansell, Caroline (Eastbourne) (Con)
Brown, Alan (Kilmarnock and Loudoun) (SNP)
† Burns, Sir Simon (Chelmsford) (Con)
† Chalk, Alex (Cheltenham) (Con)
† Doyle-Price, Jackie (Thurrock) (Con)
† Glindon, Mary (North Tyneside) (Lab)
† Goodwill, Mr Robert (Minister of State, Department for Transport)
† Howlett, Ben (Bath) (Con)
† Huddleston, Nigel (Mid Worcestershire) (Con)
† Jenkyns, Andrea (Morley and Outwood) (Con)
† McDonald, Andy (Middlesbrough) (Lab)
† McGovern, Alison (Wirral South) (Lab)
† Mahmood, Shabana (Birmingham, Ladywood) (Lab)
† Nokes, Caroline (Romsey and Southampton North) (Con)
† Reynolds, Jonathan (Stalybridge and Hyde) (Lab/Co-op)
† Vickers, Martin (Cleethorpes) (Con)
Neil Caulfield, Joanna Welham, Committee Clerks
† attended the Committee
Public Bill Committee
Tuesday 8 March 2016
(Afternoon)
[Mr Christopher Chope in the Chair]
High Speed Rail (London-West Midlands) Bill
New Clause 28
Report of the cumulative impacts of HS2 works
(1) The Nominated Undertaker shall prepare a report on the cumulative impacts of the works on each community forum area along the line of route.
(2) The report shall outline the key concerns from community groups and if and how these concerns have been addressed.
(3) The report shall be laid before both Houses of Parliament no later than three months after the day on which this Act comes into force.—(Andy McDonald.)
This new clause requires the Nominated Undertaker to report on the likely cumulative impact of HS2 construction works on each community area along the route. This report is to reflect the concerns of the communities affected and outline the ways in which the Nominated Undertaker plans to address these.
Brought up, read the First time, and motion made (this day), That the clause be read a Second time.
14:03
Andy McDonald Portrait Andy McDonald (Middlesbrough) (Lab)
- Hansard - - - Excerpts

I was more than halfway through moving the motion this morning. In fact, I was just about to finish. I remind the Committee that the new clause would require the nominated undertaker to report on the likely cumulative impact of HS2 construction works on each community along the route. Our concern is that although habitability and individual impacts were identified by HS2 Ltd, the cumulative effects of the various impacts on homes and habitability were not accounted for. The methodology, which I described in a little detail, left something to be desired. I will not repeat everything that I said immediately before the lunch break, but I indicate that I intend to press the new clause to a vote.

Finally, there is currently no assessment of the cumulative impacts where the individual impacts are below the set limits. There is also no assessment of the possible knock-on impacts of mitigation measures. We discussed the impact in a particular set of circumstances that I described by way of example. The new clause would require the nominated undertaker to address those concerns by publishing a report on the likely cumulative impact of HS2 construction works on each community area along the route that includes the key concerns expressed by community groups, and whether and how those concerns have been addressed.

Robert Goodwill Portrait The Minister of State, Department for Transport (Mr Robert Goodwill)
- Hansard - - - Excerpts

The new clause would introduce a requirement to repeat work that has already been undertaken and that has been scrutinised by the Select Committee. The Bill, when deposited, was accompanied by an environmental statement that reported the likely significant environmental effects of the construction and operation of phase 1 of HS2. The statement reported the likely significant effects of the scheme on matters including noise, air quality, traffic and ecology. The environmental statement was drafted so that people in the communities along the route could understand the likely effects in their area.

The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 require that environmental statements report cumulative effects. Such effects were reported in the HS2 environmental assessment, which has been found to be compliant with the regulations. Therefore, subsection (1) of the new clause is unnecessary, as an environmental impact assessment has already been prepared. The assessment reported the environmental effects of the scheme on each community, including the cumulative effects. There would be no benefit in repeating that exercise.

Throughout the development of HS2, the concerns of communities along the route that may be affected have been at the front of our minds. We take those concerns very seriously and have sought to address them through changes to the scheme and through commitments that mitigate those concerns. In preparing the environmental statement, HS2 Ltd met local communities through a series of community forum meetings, where people raised issues and concerns with the proposed schemes. Those concerns were reported in the community forum area reports in the environmental statement. The key concerns of communities along the route have therefore been identified and set out.

Again, during the petitioning process, local concerns were raised by individuals, community groups and local authorities. Those concerns were considered through the Select Committee process and, where appropriate, have been addressed by alterations to the scheme or by commitments to mitigate impacts. We believe that the concerns of communities along the route have been reported and are well understood, and that commitments have been given to address them. The requirement in the new clause to report the concerns of communities and how those concerns are being addressed is unnecessary.

The hon. Gentleman asked about cumulative effects. Camden Council has argued that the cumulative impacts have not been assessed, and it requested the consideration of habitability assessments to identify mitigation. HS2 Ltd does not accept the view that cumulative effects have not been assessed. The predicted significant amenity effects resulting from a combination of significant noise and vibration, HGV construction traffic, and visual and air quality effects are reported in the community chapter of the environmental statement. That is a standard approach in an environmental impact assessment, and we do not consider an additional bespoke habitability assessment to be required.

That is not to say that the concerns of residents near the works in Camden are not taken seriously. HS2 Ltd is continuing to discuss with the London Borough of Camden how mitigation provided on a topic-by-topic basis, including that outlined in the draft code of construction practice, will be implemented in practice. That includes a focus on the potential topics that might lead to a combination of cumulative amenity effects. Furthermore, a specific assurance has been provided to the London Borough of Camden, including a commitment to further consider a group of residential properties that is currently not identified as being likely to qualify for noise insulation.

The environmental study was undertaken in response to the exceptional nature of the construction works in Camden, given their duration and intensity. Following the completion of further surveys, where appropriate, the nominated undertaker will seek to agree appropriate remedial measures with the London Borough of Camden. As the environmental assessment has already reported the cumulative effects of High Speed 2 on communities and assurances have been given that address habitability issues, I hope that the hon. Gentleman will withdraw the new clause.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

The Minister and I simply disagree about the appropriate methodology and the need for the Bill to require a report on cumulative impacts. I hear what he has to say, but, given that he seems to support what I said in introducing the new clause, I would rather borrow his belt and braces and put the matter to a vote.

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

Division 9

Ayes: 4


Labour: 4

Noes: 9


Conservative: 8

New Clause 29
Adaptation of residential properties
(1) The Nominated Undertaker must take all reasonable steps to ensure that residential properties affected by the scheduled works are adapted in order to mitigate severe cumulative impacts of construction.
(2) Mitigation measures should include, but not be limited to—
(a) habitability assessments for—
(i) all homes experiencing noise higher than threshold levels; and
(ii) homes that experience noise to levels within 10% of the noise threshold,
(b) customised noise insulation packages to be agreed by the property owner and local Council prior to installation.
(3) If measures do not sufficiently mitigate the impacts on a property and the property therefore fails a habitability assessment, residents must be rehoused at the cost of HS2.—(Andy McDonald.)
This new clause requires the Nominated Undertaker to take steps to mitigate the impact of construction on residential properties. This shall include the installation of suitable noise insulation measures and assessments of the habitability of properties with the requirement to rehouse residents if habitability assessments suggest this is required.
Brought up, and read the First time.
Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

The new clause and explanatory note speak for themselves. The HS2 works will lead to nearby residents feeling a multiplicity of effects that can be described as affecting the habitability of their homes. The overall effects of the construction cannot be isolated into individual impacts, but must be considered together.

On 30 November 2015, Camden Council secured several assurances, including two important ones that could mitigate the impact of construction on residential properties. The first is as follows:

“HS2 Ltd. will develop a package of noise and ventilation measures (to be agreed with the Council) to help protect the 1025 homes identified in HS2 Ltd.’s Environmental Statement that could be significantly affected by HS2 construction noise. The agreed measures should be installed before the noisy HS2 works start.”

The second is:

“HS2 Ltd. will appoint an independent assessor to survey a representative sample of a group of homes likely to be affected by HS2 construction noise”,

in addition to the previously mentioned 1,025 homes identified in the environmental statement. It continues:

“This additional group includes homes in Regent’s Park Estate, Ampthill Estate and the ‘Camden Cutting’ area. Where it can be demonstrated that a property is affected in a similar way to this sample group, an independent survey of the property will be commissioned to decide if measures to offset noise and provide ventilation are necessary.”

With regard to residential disturbance, the HS2 Select Committee stated in its final report:

“Camden is exceptional, and needs special treatment. Many residents are going to have to put up with disturbance on a scale beyond the experience in most other locations.”

The Select Committee gave directions for further mitigation, including that air quality monitoring should

“feed into an assessment of whether rehousing should occur in cases where air quality deteriorates.”

It said that

“an assessment of compliance with noise limits and a survey of health impacts”

should be carried out no more than six months after the start of the works, and that HS2 Ltd

“should reconsider rehousing based on the outcome of that survey.”

The Committee recommended that residents should be

“consulted on their preferences for how to moderate the impact of the construction programme”

and that HS2 Ltd should

“listen to what residents say about what might help, and respond with more than average diligence.”

The Committee stated:

“The choice of sound insulation and other mitigation measures should be in sympathy with construction and architecture”—

including Silsoe House on Park Village East—

“and take fair account of residents’ views on what is visually acceptable.”

The new clause would require that,

“If measures do not sufficiently mitigate the impacts on a property and the property therefore fails a habitability assessment, residents must be rehoused at the cost of HS2.”

The new clause would go some way towards reassuring residents of affected properties that their homes will be adapted to mitigate the severe cumulative impacts that we expect as a consequence of construction. I hope that the Minister will lend the new clause the Government’s support.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

We are committed to reducing the disruption to residents that will be caused by the construction of HS2, as far as is reasonably possible. In line with other major construction schemes such as Crossrail and the Thames tideway tunnel, a code of construction practice has been developed. The code sets out the controls that will be applied to mitigate the effects of the construction of HS2 and will be binding on the nominated undertaker. Those controls include the management of construction noise by applying the best practical means.

The code of construction practice identifies where offers of noise insulation or temporary rehousing should be made to residents to ensure that their health and quality of life are not significantly affected by the construction noise. The thresholds for noise insulation were designed with consideration of the relevant British standards relating to noise caused by construction. Any noise insulation measures to be installed in qualifying residential properties will be agreed with the building’s owner or occupier. We do not feel it is appropriate or necessary also to agree such measures with the local authority, unless it owns the building.

The control of construction noise and vibration, and the scope of the noise insulation and temporary rehousing policy, have been a major focus of negotiations between HS2 and the local authorities along the phase 1 route in recent months, particularly in the London Borough of Camden. The negotiations have resulted in additions to the temporary rehousing policy, including additional criteria for identifying cases where offers of temporary rehousing of residents may be necessary. HS2 Ltd has acknowledged the habitability concerns that have been raised by the London Borough of Camden due to the exceptional nature of the construction works in that borough.

14:15
In response to those concerns, HS2 Ltd is carrying out a study in the Camden area to establish whether additional properties that do not qualify under the current noise insulation policy would benefit from further mitigation measures. If it is appropriate to do so, HS2 Ltd will use the results of the Camden study to review the criteria for noise mitigation set out in its noise insulation and temporary rehousing policy.
The lead contractors will be contractually required to have an environmental management system, which will include measures and processes for managing noise and vibration during construction, including any steps that will be taken when measured levels are greater than predicted. This process may lead to the provision of further mitigation measures, where appropriate.
Therefore, I believe that all the points made by the hon. Gentleman have been addressed and I hope that the new clause can be withdrawn.
Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I am sure that the Minister has taken on board my comments. However, will he clarify something for me? We have talked continuously about mitigations, surveying, further mitigations and temporary rehousing. I hope that I am accounting for him correctly when I say that there is no mention anywhere of permanent rehousing where the noise levels and other disturbances have reached such a pitch of uninhabitability that that would be necessary. I am not sure that that point ever came across in his comments.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

Well, I can think of one fairly high-profile resident of Camden whose property has been purchased, not because it is needed for the construction of the railway but because the level of disruption in the area just in front of his particular house would be unacceptable. So there have been cases where we have purchased properties when the construction intensity would have made them uninhabitable in the long term. However, when there are peaks in construction or particularly noisy activities are taking place, there is the option to offer paid accommodation during that peak construction period, and if necessary we will use that power.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I am grateful to the Minister for that. I was not really thinking about the Mayor’s father; I was thinking about other people who live in that area. However, having secured those assurances from the Minister, I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

14:17
Sitting suspended for a Division in the House.
12:03
On resuming—
New Clause 31
Compensation: application
(1) Compensation will be payable to those whose land is to be acquired, and to those who will be severely affected by the works.
(2) The Secretary of State shall define “severely” for the purposes of subsection 1.—(Andy McDonald.)
This new clause will ensure that compensation is available to those who will be severely affected by the HS2 construction works, as well as to those whose land is to be acquired.
Brought up, and read the First time.
Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

The point here is that the scheme comprehensively addresses loss of land, compulsory acquisitions, and loss of, and adverse impacts upon, businesses. It has a sophisticated methodology of compensation and rights of appeal to deal with those values. However, there is a glaring omission concerning those who are affected and severely affected by the works but neither own land nor have an affected business.

Not only businesses and property owners are potentially adversely affected. Many tenants, be they in social housing or private rented accommodation, have the potential to be severely affected by the works. It is beyond doubt that individuals, especially those who live close to the works, will suffer great disturbance, be that from the additional noise and heavy traffic, the vibration caused by piling or other construction activity and, importantly, the air pollution and the creation of dust in the atmosphere. That list is not meant to be exhaustive, and I am sure that hon. Members can think of innumerable ways in which individuals could be affected by the HS2 works.

There is provision for the payment of compensation under the Compulsory Purchase Act 1965, and the Bill makes additional, specific provision for compensation, principally in one of three ways. First, there is the express purchase scheme, under which owner-occupiers living closest to the line may be able to sell their home to the Government at its full, unblighted market value, plus 10%—up to £47,000—and reasonable moving expenses, including stamp duty. Then there is the voluntary purchase scheme, which enables owner-occupiers in rural areas who live outside the safeguarding area and up to 120 metres from the line to sell their home to the Government for its full unblighted value. They will be able to do that at any time up until a year after the line opens.

Finally, there is the need-to-sell scheme, under which owner-occupiers who have a compelling reason to sell their house but are unable to do so because of HS2 can sell to the Government for the full unblighted value. Applicants will not need to demonstrate that they would suffer hardship if they could not sell, but they will need to show that they have a compelling need such as job relocation or ill health. Once available, that scheme will replace the exceptional hardship scheme. In addition, the Government will immediately introduce a “rent back” option, whereby owner-occupiers who have sold their property to the Government but wish to continue living in it may be able to rent it back, subject to suitability checks.

I would be grateful if the Minister could confirm that the Government intend to promote two further proposals for cash payments for affected owner-occupiers, the first of these being a cash payment of between £30,000 and £100,000 for owner-occupiers living outside the safeguarding area and up to 120 metres from the line in rural areas who do not want to sell their home and move. That payment would be an alternative to the voluntary purchase offer.

There will be a homeowner payment for owner-occupiers who live within 120 metres and 300 metres from the route in rural areas. The Government’s initial view is that payments could be between £7,500 and £22,500, depending on a property’s proximity to the route. There is nothing for a tenant in Euston, for example, who cannot move for one reason or another and is simply wedded to their community and cannot tolerate the thought of leaving. If they did, they would not have anywhere else to go. Nevertheless, they may be subjected to all manner of disturbance for many years.

We all recognise the great potential for that amount of disturbance and upset to cause significant physical and mental ill health. The “need to sell” scheme addresses the issue of ill health as an important issue when establishing a compelling need to sell. It is simply unfair that those individuals who suffer health consequences as a result of the works have no ability under the Bill to seek compensation.

Some property owners will not live in the communities affected but, because the value of their asset within the affected area is reduced, they will quite understandably receive compensation, yet an individual, perhaps born in the community and having lived there for decades, who is personally, directly and severely affected by the disturbance of the works, has no ability to receive compensation under the scheme. The new clause does not seek to prescribe what constitutes being severely affected, but leaves that to the Secretary of State to define. One would hope that, in his consultations on achieving such a definition, he would avail himself of expert medical opinion and come to a definition that would fairly address the obvious omission.

There is a very important principle at stake. It is clearly absolutely right that we value, respect and recognise individuals’ and companies’ property rights, and the adverse impact on the value of their property assets. Equally, it is important to value people and the damage caused to them by the loss of peaceable enjoyment of their homes, their peace of mind and physical health when such major works are undertaken, and accordingly any deficit, be it visited on a property owner or tenant, ought to be properly recognised. I therefore commend the new clause to the Committee.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

Landowners affected by the exercise of compulsory acquisition or by the construction or operation of the works will be compensated according to the compensation code. The code is a collective term for the principles deriving from Acts of Parliament. It is supplemented by case law relating to compensation for compulsory acquisition. The code is already applied by the Bill to the compulsory purchase of land required for HS2.

Depending on the particular circumstances in each case, compensation can be claimed for the unblighted market value of a property; severance and injurious affection, which is the depreciation in the value of land retained where only part of the claimant’s land holding is acquired; disturbance, representing the costs and losses incurred as a result of being disturbed from the occupation of the property; loss payments, which are an additional set payment depending on the nature of the interest being acquired, for example the home loss payment for a residential owner-occupier is 10% of the unblighted property value up to the maximum value of £47,000; fees, which include reasonable surveyors’ fees incurred in preparing and negotiating a compensation settlement together with solicitors’ fees for any conveyancing; loss in value due to physical factors such as noise, after trains start running; and diminution of value of the claimant’s interest in land caused by the works interfering with his or her private rights.

The compensation code forms part of the general law relating to compulsory purchase and it is entirely appropriate that it should apply to HS2. In addition to those statutory rights, the promoter has introduced a number of discretionary compensation schemes, in recognition of the specific impacts on property along the line of route. Those go significantly beyond what is set out in statute and address the points in the new clause relating to compensation for those who may be severely affected by the works.

The hon. Gentleman has outlined the compensation and purchase schemes, including the express purchase scheme and the voluntary purchase—he drew attention to the fact that there is an alternative cash offer of 10% of the unblighted market value of their property with a cap of £100,000 and a minimum payment of £30,000. He also outlined the “need to sell” scheme, which has been operating successfully in our view, particularly in the light of some of the suggestions being made by the Select Committee; and the homeowner payment scheme, which would provide cash payments to eligible owner-occupiers between 120 metres and 300 metres from the centre of the line. This would be made following Royal Assent of phase 1 of the hybrid Bill, enabling residents to share early in the future economic benefits of the railway and contributing to community cohesion.

With regard to tenants, it is important to remember that we would seek to mitigate effects where appropriate through such things as noise insulation. Where a tenant is significantly affected, they can complain to their landlord, with whom they have a contract, and it would be for the landlord to seek resolution. Tenants do not have the same restrictions on free movement that can afflict homeowners blighted by this type of project.

I hope that demonstrates that the Bill and our discretionary schemes have gone above and beyond what is required to ensure those negatively impacted by the construction and operation of the line have fair compensation. I hope the hon. Gentleman can withdraw his new clause.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

The Minister has covered a great deal of the ground concerning property. Will he reflect on the assertion that tenants do not have restrictions on free movement? I am not entirely sure that I can agree with him on that point. Some people will be very wedded to their community and will feel unable to move for lots of reasons, including family or community ties. It is an obvious omission in my view that the potential damage to the peaceable enjoyment of tenants has not been addressed in any meaningful way whatever. It is not my intention to press the new clause to a vote. I simply ask that my comments and our discussion of it are further considered by the Minister as the Bill progresses. I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 32

Replacement trees

(1) The Nominated Undertaker shall secure suitable replacement trees to replace the same number of lost trees during design and construction.

(2) The Nominated Undertaker is required to maintain a record of the number of the lost trees and of those replacement trees planted by the Nominated Undertaker.—(Andy McDonald.)

This new clause shall ensure that there is no net loss of trees as a result of the design and construction of HS2.

Brought up, and read the First time.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

I hope this will be a relatively straightforward matter and that it will give Committee members the opportunity to consider a commonly supported environmental issue: the need for there to be no net loss of trees as a result of the design and construction of HS2.

The Minister will be well aware of the concerns that have been raised by environmental groups, local authorities and community groups about the adverse impact of the construction and operation of HS2 on trees. Trees form a vital part of the heritage of our countryside and brighten the streets.

Simon Burns Portrait Sir Simon Burns (Chelmsford) (Con)
- Hansard - - - Excerpts

The hon. Gentleman raises a very important issue that concerns many people. To put his new clause in perspective, does he have any estimate of how many trees might be lost?

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I am afraid I do not have the answer in terms of the raw number. I am pleased to note that there will be a commitment to plant a significant number of trees—I will come to that in very short order. The new clause gives us the opportunity to acknowledge the work that has been done by HS2 to ensure that up to 2 million trees, I think, will be planted. That is very much to be welcomed, so I entirely agree with him.

Simon Burns Portrait Sir Simon Burns
- Hansard - - - Excerpts

The hon. Gentleman is absolutely right that the commitment is 2 million trees. The point I was trying to tease out is that I cannot believe that 2 million trees are going to be destroyed in the building of HS2, so why is the new clause needed?

14:03
Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

For the simple reason that although there may be that commitment, we may find that there is a removal or destruction of trees that is very detrimental, and that we have a net loss of trees over a significant period of time. I note the ambition and the intention to restore forests and altogether about 2 million trees, but it is what happens in the interim that might be of interest to the right hon. Gentleman. I trust that I shall address his point as I conclude my brief comments.

Trees brighten the streets and public spaces of urban areas throughout the country. It is a necessary evil that some of them will be cut down as part of the design and construction of HS2. It is a great shame that trees such as the Cubbington pear tree near Warwick will be lost. It was the 2015 Tree of the Year and is believed to have been growing for more than 250 years, but it will be cut down to make way for the line. It is necessary to lose some trees to facilitate phase 1 of HS2, but it is important that we do not suffer a net loss of trees because of the construction.

The Minister is committed to ensuring that the biodiversity of our country is maintained; ensuring that we do not lose trees is an important component of maintaining that biodiversity. The new clause would require the nominated undertaker to secure suitable replacement trees to replace the same number of lost trees during design and construction. It would also require the nominated undertaker to maintain a record of the trees planted in place of those lost.

I understand that some 2 million trees will be planted as part of the mitigation in connection with phase 1. That in itself is a fantastic achievement, but will the Minister assure the Committee that we will not suffer a net loss of trees? Earlier in Committee he mentioned a recent meeting with the Woodland Trust to look into how best to choose the species of tree to introduce in the planting programme. Can he reassure local authorities, environmental groups and community groups that trees will be suitably replaced?

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

I am more than happy to give the hon. Gentleman the assurances he seeks. Indeed, we will be not only replacing the trees but planting many more times the number removed. The planting of 2 million trees should have a major positive effect on the environment and contribute to our pledge of no net environmental loss from the delivery of HS2. The code of construction practice means that the nominated undertaker will be required to set out the number of lost trees and the replacement and monitoring plans that will be developed going forward. Indeed, wherever possible we will try to source trees from the United Kingdom, if for no other reason than phytosanitary purposes.

Section 12 of the code of construction practice that accompanied the Bill states:

“Appropriate controls will be put in place to protect the landscape and visual receptors in rural and urban areas from construction activities including designated landscape areas, heritage assets, parks and, open spaces and smaller green spaces in urban areas. Controls will include, as appropriate…a plan showing areas of existing trees and vegetation within the construction site to be retained (and protected), and those to be removed…a schedule of plant species and planting mixes to be used and provision of sufficient stock of specified species and provenance that typify the local area, including details of plant suppliers to be used…a programme for undertaking planting works…inspection, maintenance and management of existing and new planting”.

The Cubbington pear tree was indeed Tree of the Year 2015. It is true that unfortunately the tree will be a casualty of the delivery of the scheme, although I am told by the experts who have looked at the tree that it is very old and is probably getting to the end of its natural life. I have ensured that we take as many cuttings as possible, and take any other possible measures to try to propagate this tree and ensure that a number of communities up and down the line of route will be able to have one of the daughters of the Cubbington pear tree as part of their community. We are doing whatever we can to try to ensure that while, sadly, this tree may fall to the chainsaws of the HS2 construction teams, there will be life after death for the genetic material ensconced in the pear tree.

In addition, section 12 states that the nominated undertaker will require its contractors to employ an arboricultural consultant to oversee work relating to the protection of trees. Trees intended to be retained that are accidentally felled or die as a consequence of construction works will be replaced where reasonably practicable. The size and species of replacement trees will be selected to achieve a close resemblance to the original trees, in line with the HS2 landscape design approach document, taking cognisance of any management plans for immediately adjacent areas of woodland. The code of construction practices is binding under the environmental minimum requirements, and therefore the Secretary of State would be accountable to Parliament should there be a breach.

As part of the development of the scheme and the Select Committee process, we have provided the London Borough of Camden with assurances on trees, the wording of which is identical to that put forward by the hon. Gentleman in this proposed new clause. As with all assurances, the Secretary of State is accountable to Parliament should this not be delivered. With this in mind, I do not believe that there is a need to include the new clause within the Bill. It would duplicate existing obligations for which we are already accountable to Parliament. I therefore hope that the hon. Gentleman will withdraw this proposed new clause.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I am delighted to hear that there will be life after death for the Cubbington pear. The Minister has persuaded me that trees will be replanted in very significant numbers. I agree entirely with him that the new clause is now not necessary, and I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 33

Engagement on permanent replacement of open space: London Borough of Camden

The Secretary of State shall require the Nominated Undertaker to actively engage with the London Borough of Camden to ensure the provision of high quality permanent replacement open space and play space within the design for the authorised works in the London Borough of Camden in so far as is reasonably practicable within the limits of the Bill and without impacting the timely and economic delivery of the railway.—(Andy McDonald.)

This amendment would require the Nominated Undertaker to engage meaningfully with the London Borough of Camden to ensure the provision of high quality permanent replacement open space and play areas.

Brought up, and read the First time.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time. The clause deals with engagement on the permanent replacement of open space, again in the London Borough of Camden. It obliges the Secretary of State to require the nominated undertaker to actively engage with the London Borough of Camden to ensure the provision of high quality permanent replacement open space and play space within the design for the authorised works in the London Borough of Camden, in so far as is reasonably practicable within the limits of the Bill and without impacting the timely and economic delivery of the railway. The object is to ensure that there is indeed meaningful engagement between the nominated undertaker and Camden, in order to secure the provision of high quality, permanent replacement open space and play areas.

High Speed 2 will see the permanent loss of some valued and historic open spaces in Camden, including St. James’s gardens which are on the site of an historic burial ground. Over 10,000 square metres of green open space with mature trees will be lost forever. In total, 20,000 square metres of open space will be lost in Camden. Open space is a valuable amenity in the urban environment: a place to sit and relax, play and exercise, and a green lung to counteract pollution. In its assurances to Camden Council, HS2 has agreed to provide high quality, permanent replacement open space and play areas of equal quantity to those which are lost in construction in the London Borough of Camden. That includes specific proposals to provide permanent replacement open space which will be subject to resident consultation. HS2 Ltd will replace all the trees lost to the scheme, and replace the open space lost temporarily during construction.

HS2 will fund improvements to various existing open spaces, which can be subject to resident consultation and agreed between the Secretary of State and Camden Council. Given that open space can range from green parks to concrete squares, consultation is especially important. There will be unanimity across the Committee as to the importance of open space and play areas in any and all of our communities. No doubt hon. Members have been petitioned in their constituencies about such matters, and will fully appreciate the strength of local feeling about such key issues of green lungs in our communities and open spaces to give blessed relief from dense development. That is even more critical in the magnificent metropolis of our country’s capital city. Our wonderful parks and open spaces characterise and enrich the quality of life in London and distinguish it from other major world cities, which are all too often wall-to-wall urban sprawl with no relief or counterpoint.

In Camden in particular the loss of open space is dramatic, not only due to the impact of the whole development but the sheer scale of the areas lost. The community of Camden is sacrificing a great deal for HS2 and the greater good of our country. It is right and fair that every effort be made to reassure that community, which has undoubtedly felt somewhat beleaguered since the development is happening whether it likes it or not.

At the very least, the new clause would enable the community to have a voice in ensuring that the permanent replacements of open spaces lost through the works are of the highest quality. Camden would have a significant say in the nature of the replacement open spaces it needs for the community benefit and civic restoration after HS2 construction. We do not want only the pear tree to have life after construction; we also want Camden to have that.

My new clause is fully cognisant of the practical limits of what can be done. We shamelessly borrow the language of the HS2 assurances in acknowledging what is reasonably practicable. We make the explicit acknowledgment that, whatever steps are taken, it cannot impact in any way on the timely and economic delivery of the railway. The new clause accords with the stated aims and objectives to secure a total development of the highest quality. The quality of open spaces is a key component of that objective.

Equally important is taking the community along with the project, giving it a real sense of ownership. This measure will contribute to enabling the Camden community to feel that HS2 is not something that is being done to the community but something that the community is an integral part of.

For all those reasons, I trust the Minister will demonstrate to Camden that its concerns about the need for high-quality open spaces have been fully recognised, by embracing this new clause, which I trust finds favour with him and his colleagues.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

The hon. Gentleman talked about the importance of green lungs to our cities. I agree that many of our cities benefit from their open spaces and parkland. Coming as he does from a city where they are called smoggies by their footballing friends from Newcastle and Sunderland, he is well placed to understand the importance of clean air and green spaces.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I cannot let that go. Smoggies is a term of endearment and harks back to heavy industrialisation when the air was impure. It is now extremely clean and beautiful. People are often surprised at how green and pleasant the area is in and around my constituency. I would welcome the Minister’s visit to test that theory; he will not find any significant pollution whatsoever.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

Having been the parliamentary candidate for the Redcar constituency in 1992, I can attest to the wonderful environment. When I am next in Middlesbrough, either to watch their football team or to avail myself of a cheese parmo, I will make sure that I breathe in the clean air, which is much improved on the industrial days when the steel and chemical industries were spewing out.

14:03
Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I warn the Minister: the air is okay, but I would really caution him against the parmos. They are a heart attack on a plate. If he wants to keep healthy, he should avoid them like the plague.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

I will not digress on the culinary delights of the Middlesbrough area. We recognise that HS2 works will remove or impact on some of the existing open space in the area around the proposed station at Euston. HS2 Ltd will take steps to create a range of new or improved open spaces appropriate to the needs of potential users, the location and local character. I include civic spaces and public realm, play space and local green spaces. In view of this, an assurance has been agreed with the London Borough of Camden that the promoter will require the nominated undertaker to engage actively with Camden to ensure the provision of high-quality permanent replacement open space and play space within the design for the authorised works, in so far as reasonably practicable within the limits of the Bill and without impacting the timely and economic delivery of the railway.

Commitments given by the promoter during the passage of the Bill are included on the register of undertakings and assurances held by the Department for Transport and finalised at Royal Assent. All commitments, including the register, will be binding on the nominated undertaker and the Secretary of State as the project is taken forward. Sufficient mechanisms are therefore in place to deliver the intent of new clause 33. Throughout the Bill, we have sought not to legislate where there are existing processes, except where it is necessary for the expeditious delivery of phase 1 of HS2. I hope this clarification reassures the hon. Gentleman that he can withdraw new clause 33.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I have listened intently to the Minister and he has demonstrated throughout every element of the new clause that provision is in place and those concerns have been properly recognised. I note that the methodology currently exists to ensure that the undertakings and assurances are fully implemented. For those reasons, notwithstanding my earlier indication that I would press the matter to a vote, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 34

Support for local business

(1) The Nominated Undertaker must take all reasonable steps to safeguard the interest of local businesses negatively affected by the construction and operation of the High Speed Rail (London-West Midlands) line.

(2) Such mitigation shall include, but not be limited to—

(a) providing support for marketing and promotion to maintain footfall,

(b) property modifications and shop front improvements,

(c) use of properties which become vacant for business meanwhile uses, and

(d) facilitating relocation of businesses should this become required as a direct result of the scheme.—(Andy McDonald.)

This new clause requires the Nominated Undertaker to mitigate the impacts of the HS2 works and scheme on local businesses. Measures shall include promotion activity to maintain footfall, property and shop front modifications, and facilitating relocation of businesses if this becomes necessary as a result of the scheme.

Brought up, and read the First time.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

Euston is a strategically important business destination with an annual gross value added of some £3.37 billion. There are many small businesses in the area, some of which characterise Camden very well. I am thinking particularly of those in the Drummond Street area, where there is a range of restaurants, many of which are south-east Asian. I think the Minister mentioned that he had had lunch there recently. I am sure it was a very good restaurant and I must go.

Other properties, for example in the Langtry Walk area, will be impacted by a construction yard for the ventilation shafts, as I understand it. Those businesses will be extraordinarily vulnerable to the impact of construction. Some 145 businesses are located in the safeguarding area, including 73 which will be demolished. More than 300 businesses are located in close proximity to major construction works. It follows that some 2,915 jobs are at risk of loss or displacement. In its business mitigation assurances to Camden Council, HS2 Ltd agreed to develop a business support strategy in consultation with Camden Council that will consider engagement with and support for businesses affected by HS2 before and during construction, including how to promote and market those businesses. HS2 also agreed for an agency to be set up at least one year before the main HS2 construction works begin, to assist businesses that need to move due to the works. The agency would help those businesses to identify suitable alternative premises. Within the assurances secured there is a specific commitment to provide a community environment fund and a business and local economy fund to support projects in Camden of different sizes—some are for the larger ones and some for the smaller.

I re-emphasise what the HS2 Select Committee has said—that the £34,800 rateable value cap for “need to sell” business applications was not appropriate in the case of London businesses, given that too many would exceed that cap. They have asked the Government for a re-evaluation, such that the proportion of London businesses falling below the cap is broadly the same as elsewhere. That would appear eminently reasonable in order to bring some equity to bear.

This is a much-needed new clause, to try to secure additional assurances and comment from the Minister that the very real and legitimate concerns of these businesses will be adequately addressed.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

The Government are committed to ensuring that we minimise the impact on local businesses as we construct HS2, but the new clause will not help to further that commitment. The environmental statement that accompanied the Bill already commits to mitigating the construction impacts of the scheme on businesses. Through the Select Committee process that we have just completed, we have provided a great number of businesses with specific binding assurances to address the impacts that they may experience. I have visited some of the businesses myself to see first hand the problems they face. We have committed to engaging with local communities during the construction phase and managing any concerns they have. We fully expect that that may include the provision of good-quality public realm amenities during construction, such as temporary planting, colourful hoardings—which may, for example, give information about the operation of nearby businesses—and so on. We are considering what we can do in terms of signposting and information on businesses that are operating within the area to minimise impacts in terms of isolation and amenity.

As the hon. Gentleman said, I visited a Drummond Street restaurant with Mr Frank Dobson, a former Member of Parliament, and can very much understand some of the problems the businesses anticipate when construction has severed the area and made it difficult for customers to get through. It is important that we do whatever we can to ensure that they continue to thrive. I hope construction workers themselves bring patronage to those types of businesses.

We have also launched a business and local economy fund to add benefit over and above committed mitigation and statutory compensation to support local economies that are demonstrably disrupted by the construction of HS2. The fund may well support measures such as improvements to the local public realm, especially in retail and tourist areas, events that increase footfall or promote business activity during seasonal periods and general promotional activity.

The hon. Gentleman raised the £34,000 business rate cap for “need to sell” business applications. Members of the Select Committee raised that with me, and the Government are looking at it. Business rates in London are far greater than those in other parts of the country, and if we can, we will certainly do something to try to address that problem for the small number of businesses that fall outside that particular net.

Applications will be invited for capital or revenue grants from £10,000 up to a maximum of £1 million. It will be for local businesses and support organisations, including local authorities, to identify appropriate projects that will help to maintain business activity in local communities.

I believe, therefore, that all the points made by the hon. Gentleman have been addressed and that the new clause can be withdrawn.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I am grateful to the Minister. I have heard what he has to say and, given all the circumstances, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 35

HS2 Construction Skills Centre: Establishment

(1) An HS2 construction skills centre shall be established in Euston.

(2) The role of the construction skills centre shall include, but not be limited to—

(a) the provision of advice and information on finding work in the construction industry local to Euston,

(b) the provision of training and apprenticeships relevant to the HS2 project for people who are out of work or carrying out unskilled work.

(3) The construction skills centre shall be operational for no less than 10 years following its opening.—(Andy McDonald.)

This new clause requires the establishment of an HS2 construction skills centre in Euston to provide advice and information about finding work in construction in the Euston area, and the provision of training and apprenticeships relating to the HS2 scheme.

Brought up, and read the First time.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

The new clause calls for an HS2 construction skills centre to be established in Euston. The construction of phase 1 of HS2 presents many opportunities for businesses and will create a significant number of employment opportunities. It is forecast that HS2 will create more than 24,000 new construction jobs. A significant number of those new jobs will be around the Euston development, and it is only right and proper that as many of the opportunities as possible be opened up to the population of Camden. On that issue, we presumably agree.

One of HS2’s notable impacts will be to provide exciting new job opportunities for people who might otherwise never have had such life chances. The new clause is designed to embed that objective in the scheme and in the community in Camden. To make the most of the opportunities that the scheme presents, it is important to ensure that the right workforce are available and in possession of the right skills to ensure that those opportunities are realised. We should be doing everything we can so that communities that are directly affected by the construction have every opportunity to benefit from it in terms of jobs and economic engagement generally.

Specifically in relation to Camden, we welcome the Secretary of State’s recognition of the role that King’s Cross construction skills centre has played in the London Borough of Camden. That skills centre has been a considerable success. Starting with HS1 and the channel tunnel rail link, and then evolving for King’s Cross Central, the skills centre has registered more than 6,000 people and delivered more than 2,200 training places, 1,100 construction-related qualifications and 2,340 jobs in total. We are pleased that the Secretary of State recognises the potential to build on that model to deliver on HS2’s objectives in relation to skills and employment, as well as the potential to integrate with other infrastructure projects such as the proposed Crossrail 2 in future.

Again, in accordance with assurances given to Camden Council, the Secretary of State will require the promoter actively to engage with the London Borough of Camden regarding the development of a Euston construction skills centre, and the Secretary of State will require the nominated undertaker to make a contribution up to a maximum of £4.1 million towards the cost of the construction, property costs, fitting out and ongoing running costs of the skills centre. That is to include the provision of advice and information on finding work in the construction industry local to Euston, and the provision of training and apprenticeships relevant to the HS2 project for people who are out of work or currently carrying out unskilled work; and the offering of appropriate training to local, disadvantaged and under-represented groups in order to promote fair and equal access to the employment opportunities generated by HS2, working closely with Camden Council, which will be responsible for setting up the skills centre.

Establishing the skills centre will be of great benefit to the project. It will provide the skilled workforce needed, and those who live in or near Camden will be able to take advantage of the new employment opportunities. The new clause would put in the Bill the important assurances already given to Camden Council to ensure that this opportunity is capitalised on. Like the other Ronseal new clauses, it simply ensures that the given assurance does what it says on the tin. I commend the new clause to the Committee.

15:15
David Anderson Portrait Mr David Anderson (Blaydon) (Lab)
- Hansard - - - Excerpts

This is just a quick intervention to support the new clause. The Minister may already have been to Newcastle College’s rail academy, which is actually in Gateshead. Like all good things, it is south of the River Tyne rather than north, and well north of parmos. The £5 million facility was opened specifically to develop skills to give young people up to a level 3 diploma in rail engineering. The academy develops rail engineering apprenticeships and gives young people access to higher education so they can go on to be fully-fledged degree-level engineers.

The whole idea is that we develop a skilled jobbing workforce right across the industry. The academy has six teaching rooms, a mechanical workshop, an electronics hub, and a signals and telecommunications workshop. It cost £5 million, and has indoor and outside facilities so people can work in real-life situations. Compare that with the development of Newcastle railway station, which cost £22 million—£5 million is a very small amount of money for a very positive thing.

Our part of the world has a long history in railways. Indeed, the Bowes railway, which dates back to 1826, is within five miles of the academy. It was developed by George Stephenson and is the only operating standard gauge, cable-operated railway anywhere in the world. We have a long history of engineering in the north-east, as hon. Members have mentioned, and we are a role model for what could happen in and around Euston.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

I think we are probably all on the same page in recognising the importance of skills in delivering the project and, indeed, in delivering many other projects that have been rolled forward. The work at Newcastle central station was mentioned. We are also investing substantially in the A1, not only in North Yorkshire by improving the capacity there, but on the western relief road, where long-overdue work is taking place. We have demonstrated that we are investing not just between Birmingham and London with high-speed rail, but around the country with our rail and road infrastructure.

Skills are vital to ensuring that our long-term economic plan—this is the first time I have mentioned it—can be delivered. Indeed, I am delighted that the HS2 college will be established in Birmingham with a satellite college in Doncaster, which is, of course, the birthplace of the famous Flying Scotsman and Mallard. Doncaster’s great railway heritage will be built on by the skills college, which I hope to visit very soon. Incidentally, I would like to visit the college in Gateshead if the hon. Member for Blaydon would send me a note. I would be delighted to visit as my son is in Newcastle at the moment so it would be a good opportunity to kill two birds with one stone.

The design, planning and construction of HS2 will create a significant number of employment opportunities. It is expected to create 24,600 new construction jobs, many of which will be in the Camden area. Suitably skilled individuals will stand to benefit from the employment opportunities that HS2 generated. The promoter recognises the role that the Kings Cross skills centre has played in the London Borough of Camden and sees the potential to build on that model to deliver HS2’s skills and employment objectives.

To that end, an assurance has been agreed with the London Borough of Camden, requiring the promoter

“to actively engage with the London Borough of Camden regarding the development of a Euston construction skills centre…The objectives…should include, but not be limited to: the provision of advice and information on finding work in the construction industry local to Euston, and the provision of training and apprenticeships relevant to the HS2 project for people who are out of work or carrying out unskilled work.”

The assurance also states:

“On the 9th year following the opening of the construction skills centre (or earlier by agreement) the Secretary of State will consider further funding for the ongoing provision of this facility. In consideration of further funding the Secretary of State will review…Whether the objectives of the skills centre have been met…Whether performance targets have been met… Recommendations from the Euston Station Strategic Redevelopment Board (or equivalent)…Additional funding sources including other developers operating in the Euston Area”.

Commitments given by the promoter during the passage of the Bill are included in the register of undertakings and assurances, which is held by the Department for Transport and finalised at Royal Assent. All commitments included on the register will be binding on the nominated undertaker and the Secretary of State as the project is taken forward. Sufficient mechanisms are therefore in place to deliver the intent of the new clause. Throughout the Bill, we have sought not to legislate where there are existing processes, except where it is necessary for the expeditious delivery of phase 1 of HS2. I hope that that clarification will reassure Opposition Members, and that the new clause can therefore be withdrawn.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

My preference would of course have been for the commitments to be specifically stated on the face of the Bill, notwithstanding the assurances of which I am very much aware. In the circumstances, having heard what the Minister has said, I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 36

Impacts of construction traffic

During construction of Phase One of High Speed 2, the Nominated Undertaker must ensure that the impacts from construction traffic on local communities (including all local residents and businesses and their customers, visitors to the area, and users of the surrounding transport network) are mitigated by its contractors where reasonably practicable.—(Andy McDonald.)

The Nominated Undertaker and its contractors must take all reasonable and practical steps to mitigate the impacts of construction traffic on local communities.

Brought up, and read the First time.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

I am not convinced that this can be dealt with by way of the assurances about which we have heard so much thus far. The new clause deals with the impact of construction traffic. The underlying rationale is for the nominated undertaker and its contractors to take all reasonable and practical steps to mitigate the impact of construction traffic on local communities. To some extent, new clause 36 touches upon some of the ground that we covered in our debate on new clause 26, where we discussed maximising the use of rail to bring and remove excavation and construction material. The new clause places an obligation on the nominated undertaker to ensure that the impacts of construction traffic on local communities are mitigated, again, as per our earlier discussion, with the caveat of that being reasonably practicable. Again, this is an acknowledgment that the provision will not in any way adversely affect the necessary works.

What we are not referring to is the excavation of spoil by tunnelling. The Minister is right that all of that will be removed by rail, and will not result in any extra lorries on the road at Euston. Rather, we are concerned about the excavation, demolition and construction materials needed to build the HS2 station at Euston. Even with the Minister’s clarification, it is planned that much of the material will be moved by road and not rail at Euston.

HS2’s own figures—contained in additional provision 3, community forum area 1 report for Euston, table 7 —estimate that more than 3 million tonnes of material will be created at Euston. That includes 2,474,296 tonnes—the figures are very precise—to be generated by excavation, while 328,135 tonnes will be generated by demolition and 642,498 tonnes by the construction process. That amount will have a huge impact on the roads, however it is removed. The same document containing HS2’s own figures sets out that that equates to

“peak lorry movements of 800 combined two-way vehicle movements per day”,

which is 1,600 lorry movements per day in the busiest month, which is understood to be in 2023. The majority—90%—of those lorries will be HGVs. Camden residents are concerned about the impacts on air quality, the safety of pedestrians and cyclists, habitability and traffic congestion that the lorries may cause and, indeed, are likely to cause.

HS2 Ltd has given assurances to Camden Council that it will engage actively with the council, the Greater London Authority and Transport for London to develop a plan for the bringing in and removal of such excavated materials and construction materials to and from Euston by rail. The plan should be submitted to the Euston integrated programme board and the Euston station strategic redevelopment board for comment by no later than May 2016.

With the new clause, we are seeking to secure an additional commitment which goes further than just producing a plan, and actually puts in place the mechanisms to achieve the removal and delivery of the maximum proportion of excavated and construction materials by rail. I trust that the Minister can accept the rationale of the clause, as we are dealing with an area that the Select Committee has made clear is worthy of special attention. The new clause would make it abundantly clear to the people of Camden that their concerns have been rightly acknowledged and will be addressed, as embedded in the Bill, rather than awaiting developments in the months ahead.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

The construction of HS2 will inevitably require the use of construction lorries on the public highway. As we discussed previously, a big proportion of the excavated material in the urban area at the London end of the line will be transported either by rail or along the line of route. The opportunity to procure the corridor for the railway will enable the movement of excavated material along line of route, not just for disposal but for possible use elsewhere along the line to build up ground.

We are aware that that is a concern for communities near the works and we take that very seriously. HS2 Ltd has therefore put in place a range of controls in the Bill and in commitments that address the issue raised in the new clause. First, under schedule 17 to the Bill, lorry routes to and from all work sites with more than 12 two- way lorry movements will require the approval of the relevant planning authority. Through that process, the nominated undertaker will consider the best routes to use taking account of the effects on local amenity. While determining such applications, the planning authority will be able to consult local communities.

In addition, commitments have been made with regard to traffic management in the code of construction practice and the route-wide traffic management plan. The requirements in those documents are made binding through commitments to Parliament. The nominated undertaker will have regular liaison with bodies interested in highways safety, such as vehicle operators, the Health and Safety Executive, the Driver and Vehicle Standards Agency and the emergency services.

The nominated undertaker will be required to ensure driver training with regard to vulnerable road users and vehicles’ safety equipment. Contractors will also be required to sign up to fleet management standards, such as the fleet operator recognition scheme, which was developed by Transport for London.

In addition to those measures, which will be applied at a route-wide level, there will also be local traffic management plans, which will be prepared in consultation with the local highway authority. That will cover a range of issues relating to traffic management matters, lorry movements and highway work. There will also be continuing engagement throughout the duration of the HS2 works through traffic liaison groups that will be set up along the route.

Membership of those will include highway authorities, public transport operators and the emergency services. That is just a summary of the wide range of controls that will be put in place to manage the impacts of construction traffic on communities. I hope that the binding controls I have described have demonstrated that the matters that the proposed new clause aims to address are already more than adequately controlled in the Bill and allied commitments. I hope that that clarification reassures the hon. Gentleman and that he will not press his new clause.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I am grateful to the Minister for his attention to detail. He clearly shares our concerns but I am disappointed that he has not recognised how the issue is perceived in the community. This is such an important matter to the Camden community. It is essential that it is loud and clear in the fabric of the Bill, so there can be no doubt or degree of interpretation in the months and years ahead. For that reason, I want to press the new clause to the vote.

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

Division 10

Ayes: 5


Labour: 5

Noes: 9


Conservative: 8

15:30
New Clause 37
Retaining safe pedestrian and cyclist access
The Nominated Undertaker must, where reasonably practicable, retain access for pedestrians and cyclists to use routes affected by construction where safe and appropriate to do so, including where a highway is closed to other traffic under the powers of this Act.—(Andy McDonald.)
This new clause requires the Nominated Undertaker to take steps to retain safe pedestrian and cyclist access on routes affected by construction relating to the HS2 scheme.
Brought up, and read the First time.
Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

The construction works will undoubtedly cause significant disruption to pedestrian and access routes in the areas affected by the workings. The new clause addresses that issue and secures the retention of safe routes for pedestrians and cyclists alike. In the assurance given by HS2 to Camden, regard was given to construction routes used by pedestrians and cyclists: the Secretary of State will require the nominated undertaker, where reasonably practicable, to retain access for pedestrians and cyclists where safe and appropriate to do so, including where a highway is closed to other traffic under the powers of the Bill. Before any formal application under the Bill relating to traffic or highways proposals, site-specific measures will be discussed with highway authorities and emergency services through the traffic liaison group meeting established in accordance with the construction practice and route-wide traffic management plan.

Examples of the measures are given, including details about specific traffic management measures; installation of appropriate signage, indicating all temporary diversion or, where reasonably appropriate, alternative routes; and measures to minimise impact on high users. By obliging the nominated undertaker to retain access in this way, where reasonably practicable, we seek to give statutory teeth to the assurances about the implementation of construction best practice, to guarantee that every effort will be made to keep access flows open for pedestrians and cyclists. This is a straightforward new clause that I hope will require no further expansion or explanation. I am sure the Minister will wish to endorse and support new clause 37.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

Of course I support the aims of this new clause, but my support falls just short of wishing to put it in the Bill. The hon. Gentleman has found a friend in me if he is looking to protect the interests of cyclists in London. As the Minister for cycling and walking, I am a cyclist myself and have made two cycle journeys in London today. The hon. Gentleman is right that where construction is going on it can cause disruption and become a problem for cyclists and pedestrians. We always talk about the dangers of cycling in London, but per kilometre travelled the danger of being a pedestrian is similar to that for cyclists. Although neither cycling nor walking is a dangerous occupation in London, when there is an unfortunate accident it receives a lot of prominence in the press. It is our intention that the works should not affect unduly the ability of pedestrians, cyclists and other vulnerable road users to use the highway network. There are two main aspects to this: how HS2 construction vehicles use the highway and how HS2 temporarily occupies the highway during works. For both those matters, I assure the hon. Member for Middlesbrough that the new clause is unnecessary, as there are already suitable controls in place.

As outlined in my response to new clause 36, an array of controls on HS2 construction traffic will be in place to manage traffic levels and protect pedestrians and cyclists. As well as those measures, there are controls and commitments to address how works in the highway will be carried out in a way that reduces disruption and ensures safety. Local traffic liaison groups are central to that. As temporary traffic management schemes such as changes to pedestrian and cycle routes are developed there will be consultation with interested parties, as reasonably required by the traffic liaison group meetings.

15:35
Sitting suspended for Divisions in the House.
16:03
On resuming
Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

The meetings of traffic liaison groups will provide an opportunity to consider the feasibility of maintaining pedestrian and cycle access on routes closed to other traffic. Final temporary traffic management plans will be submitted by the contractor to the nominated undertaker’s qualified area traffic manager to ensure that they comply with the engagement feedback and published standards for temporary traffic management.

The traffic management plan will then be subject to review at the traffic liaison group meeting prior to submission for formal consultation and, as necessary, approval in accordance with schedule 4 to the Bill. Prior to implementation, further notification, such as advanced warning signage, will be provided. During the works, the nominated undertaker will provide staff to ensure compliance with traffic management arrangements.

The measures I have set out demonstrate that the intention of the new clause is addressed by requirements that are already in place. The controls set out have been demonstrated to be effective on projects such as the Olympics and Crossrail. The points made by the hon. Member for Middlesbrough have been addressed and I hope that the proposed new clause will be withdrawn.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I am grateful to the Minister. He has succeeded in persuading me that there will be adequate provision to obtain safe pedestrian and cyclist access on the routes affected by the construction. I trust that he will turn his attention successfully to some of the dangers posed by cyclists and pedestrians using zebra crossings outside the building. With that, I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 38

Compliance with standards

(1) The Secretary of State shall require the Nominated Undertaker and its contractors to report on their compliance with agreed air quality and pollution standards for the project, any Code of Construction Practice in place, Traffic Management Plans, and other guidance and standards agreed.

(2) The Secretary of State shall lay a summary of this report before both Houses of Parliament on an annual basis from the year after Royal Assent until the conclusion of the construction period.—(Andy McDonald.)

This new clause requires the Nominated Undertaker to comply with agreed air quality and pollution standards, codes of construction practice, traffic management plans and other standards and guidance agreed. Compliance must be recorded by way of an annual report to Parliament.

Brought up, and read the First time.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

New clause 38 requires the nominated undertaker to comply with agreed air quality and pollution standards, codes of construction practice, traffic management plans and other standards and guidance, and it requires compliance to be recorded by way of an annual report to Parliament. Again, this new clause is informed largely by the concerns and anxieties expressed by Camden Borough Council about the potentially significant increases in pollution levels that the workings may produce.

There is considerable concern about the air quality in London generally, but in addition there are justifiable concerns about the extra pollution that may arise as a result of the necessary works involved in HS2. There are concerns not only about the disruption and turmoil caused to the atmosphere by the very nature of demolitions and excavations and so on, but by the additional heavy goods vehicles that will be using Euston’s roads for some considerable time, together with other major plant and equipment.

Happily, vehicles such as the HGVs that I mentioned, and as the Minister has advised me, have the capacity for on-board filtration apparatus that can often mean such vehicles can be less offensive to our lungs and other organs in terms of the air we breathe than some private saloon cars. I acknowledge that. Seemingly, it is not as easy to find ways of installing such sophisticated filtrations and treatments in an ordinary car simply because of the space that such units take up, and they can be better accommodated on board larger HGVs. I hope the Minster will give the Committee assurances that the HGVs that will be visiting the sites will be so fitted.

All of that is readily acknowledged, but again we are into the cumulative impact areas of discussion: not just the vehicle emissions, important as they are, but the air pollution caused by the construction itself and the cumulative effect of the activities involved in the workings. It is a reasonable submission simply to require in the Bill that the nominated undertaker and their contractors report on their compliance with agreed air quality and pollution standards for the project, any code of practice that is in place, traffic management plans and agreed guidance and standards.

Requiring the Secretary of State to lay a summary of such a report before both Houses of Parliament on an annual basis, from the year after Royal Assent until the conclusion of the construction period, will give all of us, particularly the residents of Camden who are in such a densely populated area in what must be one of the most concentrated construction areas of the entire HS2 development, a great sense of reassurance that pollution levels not only are being assiduously observed, but are within the limits imposed by the various standards. This speaks directly to the health issues discussed earlier in our debates. Not only are respiratory and other physical health issues being addressed, but the psychological issues of anxiety about pollution.

It is clear that many people have concerns about pollution levels, as evidenced by the ubiquitous face masks worn by cyclists and increasing numbers of pedestrians on the streets of our capital city. If physical and psychological health issues can be monitored and ameliorated in that work, it would be a beneficial move. I trust that the new clause, which would simply give effect to the assurances offered by the promoter, will find favour with the Government.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

We seem to be having a Camden-centric afternoon, and the safeguards and protections will apply along the line of route—it is not just in central London where we need to be aware of traffic congestion and air quality problems. The hon. Gentleman is absolutely right that air quality is a real issue in certain hotspots in London. Indeed, he has just said that some cyclists and pedestrians wear face masks. Car drivers should be aware that they are not immune to that air just because they are sitting in their car. Car air intakes, which pump warmed air into the cabin, are at a height likelier to have high levels of pollution than for a cyclist or pedestrian, who travel at a position slightly higher than some exhausts.

Managing the environmental effects of its construction and operation has been at the centre of the development of HS2 and the discussions with petitioners, and has resulted in many commitments being given on the environment. Those commitments are contained in the environmental minimum requirements, which are enforced in a number of ways. First, the contractual obligation on the nominated undertaker to comply with the environmental minimum requirements will provide a mechanism for the Secretary of State to ensure that the requirements are complied with. Furthermore, the environmental minimum requirements require that the nominated undertaker and their contractors have environmental management systems, a set of processes and procedures for which international standards exist, that ensure the nominated undertaker and their supply chain meet the requirements that have been set.

Should there be an issue with compliance, however, mechanisms exist for concerned parties to seek resolution to the problem. Assurances, including those relating to the environmental minimum requirements, will be enforceable against any person appointed as a nominated undertaker through the Secretary of State’s undertakings, which means that, in the event of failure to comply with an assurance, recourse will be through the Secretary of State, who is answerable to Parliament for securing compliance. If it is felt that a contractor undertaking works authorised by the Bill is not meeting the environmental minimum requirements, steps can be taken to ensure that there is an investigation and that any corrective action needed is taken. A clear legal process exists to ensure compliance with the environmental minimum requirements and other environmental commitments, and it has been shown to work for other projects such as Crossrail. As a result, there is no need for the proposed new clause.

The hon. Gentleman mentioned HGVs, and it is encouraging that compliance on NOx pollution from HGVs is of the order of 90% because, as he said, they can be fitted with selective catalytic reduction systems or exhaust gas recirculation, which reduces pollution levels. As we have seen in recent reports from the United States, some passenger cars do not meet that level of compliance. Of course, central London, where Euston lies, is within a low-emission zone. HGVs that do not meet the most stringent requirements are not allowed to be there, so he can be assured that vehicles used in the construction of the project will be state of the art. I therefore believe that his concerns have been addressed, and I hope that the new clause will be withdrawn.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

The Minister focuses on the Camden-centric nature of many of our proposed new clauses. I simply point out that Camden is one of the hotspots, and it has particular pollution issues that need to be addressed. I would not want to apologise too much for seeking to have those issues thoroughly investigated. As with other clauses, our preference is for these issues to be included in the Bill, rather than simply relying on the assurance and other schemes. An annual report should be laid before the House, but I recognise that he and his colleagues will not be persuaded, so I will not trouble the Committee by pressing the new clause to a vote.

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 39

Report on the application of compensation schemes

(1) The Secretary of State shall appoint an independent body to report annually on the application of compensation schemes for the works to be carried out under this Act.

(2) The report shall include, but not be limited to—

(a) information on the take up of the various schemes available,

(b) an assessment of the comparative take up of the schemes available in urban and rural areas,

(c) the judgement of the independent body of the effectiveness of the application of compensation schemes, and

(d) the judgement of the independent body of the application of the compensation schemes available in rural and urban areas.

(3) The Secretary of State shall lay this report before both Houses of Parliament.—(Andy McDonald.)

This new clause would require an annual independent assessment of the compensation schemes which apply to the HS2 scheme, including an assessment of the application of the compensation schemes available in rural and urban areas and any consequences, including suggested remedies, resulting from this.

Brought up, and read the First time.

16:15
Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time. As the Minister will be aware, issues surrounding compensation schemes have been, and no doubt will continue to be, points of contention for those who will be adversely impacted by the construction of HS2. There will be significant disruption in urban areas. Approximately 250 homes in Camden and 200 in Ealing could be made uninhabitable during and after the construction phase and open space and community facilities will be lost to Camden, Ealing and Hillingdon. Residents and businesses in urban areas have argued that it is wrong that they will receive less compensation than those in rural areas, despite the urban areas suffering more disruption; just three out of five compensation measures apply only to rural areas, with only the express purchase scheme and need to sell scheme available in urban areas.

The HS2 Select Committee has said that the £34,800 rateable value cap for need-to-sell business applications was not appropriate in the case of London businesses, given that too many would exceed the cap. It has asked for a Government re-evaluation, such that the proportion of London businesses falling beneath the cap is broadly the same as elsewhere. The Minister may be open to looking at that. One might also argue that the need to sell scheme’s requirement to demonstrate a 15% loss in property value, or the express purchase scheme’s £49,000 cap for a 10% addition to the market value of a property, are unsuitable for urban areas, given that the average price for a property in some of the boroughs most affected in London is £650,000. The Select Committee also noted that beyond need to sell, there is still little recognition of the effects on others who are blighted, including tenants and licensed occupiers, with many of the affected residents in Camden being council tenants. An annual independent assessment of the compensation schemes that apply to the HS2 scheme, including an assessment of the equivalence of the compensation schemes available in rural and urban areas, and any consequences, is therefore necessary.

The issues surrounding compensation are hotly contested and are causing a degree of animus among some of those affected, so the establishment of an independent body to report annually on the application of compensation schemes for the works to be carried out under this Bill would help to ensure that compensation schemes were both fair and effective.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

Although we have different compensation schemes in place for urban and rural areas, the need to sell scheme has no geographical limit. However, it is unlikely that the impact of the project away from the line of the route will be felt as much in urban areas as in rural areas, as they are built-up areas with a lot of traffic and existing railway stations, certainly in the case of Euston. The property schemes in place for HS2 are way above those for other infrastructure, or indeed compulsory purchase schemes for other projects.

I fully endorse the need for the Government to be transparent with respect to the application of our property compensation schemes. We are already reporting on the performance of our key discretionary property scheme, the need to sell scheme. We are reporting on the number of applications we receive, the outcome of those applications and the overall amounts spent on compensation under the scheme. Rather than doing so annually, as the new clause suggests, we have been reporting on a monthly basis. The reports are publicly available.

I also recognise the benefit of appointing a body to scrutinise our performance in relation to property compensation. For that reason, we have already appointed a residents’ commissioner to monitor how we communicate with the public with respect to our compensation scheme and to monitor and report against our general performance in relation to the operation of all the various discretionary compensation schemes. I have met the residents’ commissioner and intend to meet her regularly. I have also made it clear to her that if any problems emerge, she should consider my door always open to her to raise them with me directly. The residents’ commissioner produces a report broadly quarterly, and the chairman of HS2 Ltd is obliged to provide a response to the issues raised in each report. The reports and responses are also publicly available. I therefore believe that all the points made by the hon. Gentleman have been addressed, and I hope that he will withdraw the proposed new clause.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I have listened carefully to what the Minister has said, and I accept entirely his assurances that the issues that we sought to address in the new clause have been recognised and will continue to be addressed. On that basis, I beg to ask leave to withdraw the new clause.

Clause, by leave, withdrawn.

New Clause 40

Exclusion of a Heathrow Spur

(1) For the avoidance of doubt, no provision of this Act shall be interpreted as authorising the development of a spur from the railway to Heathrow airport.

(2) Within one month of the day on which this Act receives Royal Assent, the Secretary of State must communicate to the relevant landowners and communities that the construction of a Heathrow Spur is not authorised by this Act.—(Andy McDonald.)

This new clause would make clear that a Heathrow Spur is not authorised by this Act and require the Secretary of State to communicate this to relevant landowners and communities.

Brought up, and read the First time.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

We turn our gaze away from central London and look as far west as Heathrow. The new clause seeks to exclude specifically the possibility of a Heathrow spur, in order to avoid doubt and potential blight. Thus far, the Heathrow spur remains a possibility. The new clause follows on from a recommendation made in the Select Committee report on high-speed rail. Proposals had been considered for several years for the construction of a spur connecting the HS2 route to Heathrow airport, but they were eventually ruled out by the Secretary of State in March 2015, in answer to a written question.

The Airports Commission said of the proposed spur from Old Oak Common that it would have been

“likely to attract only a small number of passengers, carry a high capital cost and represent an inefficient use of HS2 capacity.”

The commission made it clear that an HS2 spur, which would have cost more than £1.4 billion, was

“highly unlikely to be necessary to support any expansion of Heathrow airport”.

I make no comment in this context as to whether that is desirable or otherwise, but it nevertheless boxes off the issue.

The Bill contains provisions that could be used to provide passive provision for a future spur from the railway to Heathrow. The Secretary of State has confirmed that a spur will not be built as part of HS2 phase 1 or 2, but it is the Select Committee’s view that there remains a risk of blight on properties on the trajectory of the previously envisaged spur. The concern is that the threat of a Heathrow spur link does not go away. The new clause would make that threat go away. The Select Committee directed the Secretary of State

“not to use the Bill powers to implement passive provision for a Heathrow spur.”

The Committee also said,

“To avoid confusion…that relevant landowners and communities are fully informed of the change”

within one month of the Bill receiving Royal Assent. I trust that the wise words of the Select Committee can be recognised and reflected in the new clause.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

The Bill contains measures that could have been used to make passive provision for a future spur of the railway to Heathrow airport. Passive provision is a little bit like when I used to play with our Hornby railway set. If someone puts a set of points in, they can join a new bit of line without disrupting the operation of the existing line.

On 9 March 2015, the Secretary of State advised, in response to a House of Commons written answer, that the spur would not be implemented as part of HS2 phases 1 or 2. Paragraph 155 of the Select Committee’s second special report of Session 2015-16 highlights that, following the update on 9 March 2015,

“there remains a risk of blight on properties on the trajectory of the previously envisaged spur. We direct the Promoter not to use the Bill powers to implement passive provision for a Heathrow spur.”

The report directs that the promoter

“should take immediate steps to ensure that relevant landowners and communities are fully informed of the change.”

I can confirm that we accept the Select Committee’s direction regarding the Heathrow spur and that we will not use the powers contained in the Bill to implement passive provision for a Heathrow spur. The assurance will be added to the undertakings and assurances register so the Secretary of State would be accountable to Parliament were that commitment breached.

I confirm that we have taken the necessary steps to ensure that relevant landowners and communities are fully informed of the change. Indeed, the connection from Old Oak Common to Heathrow via the Elizabeth line—the line that Her Majesty has graciously allowed us to name after her—will allow eight trains per hour with 11-minute journey times. It is quite clear that there is already a clear vision for a connection between Old Oak Common and Heathrow station.

If we were looking at the timetabling of HS2 with a Heathrow spur, it would be inflexible to have maybe one or two trains an hour to Heathrow when passengers could enjoy the flexibility of taking a train from Birmingham South or, indeed, from Euston towards Old Oak Common, to connect to Heathrow airport.

I believe that I have addressed all points made by the hon. Member for Middlesbrough and I hope that the new clause will be withdrawn. I hope that all those who may have been concerned that we were planning to build the Heathrow spur or, indeed, about the passive provision, will be assured that we have no intention whatever of doing so.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I am very grateful to the Minister. He has rather nailed it by dealing with all the issues in a clear and direct way, and he will be doing everything we ask of him in the new clause. I was a little concerned that we were not going to hear about his contacting the relevant landowners but, in every measure, the Minister has described how he will give full import and effect to the recommendation of the Select Committee. I readily acknowledge that, and I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 41

Minimising the use of land at Washwood Heath

(1) The Secretary of State and the nominated undertaker shall use best endeavours to keep to a minimum—

(a) the amount of land at Washwood Heath, Birmingham that is required (either temporarily or permanently) during phase one construction and associated works; and

(b) the length of time for which such land is required,

in order to maximise early development and job creation post-construction.

(2) Within 24 months of the commencement of the use of land at Washwood Heath, and annually thereafter, the Secretary of State and the nominated undertaker must prepare a report on the discharge of the duty under subsection (1).

(3) Each report must be laid before both Houses of Parliament. —(Andy McDonald.)

This new clause seeks to minimise the use of land at Washwood Heath, both in terms of amount of land and duration of use.

Brought up, and read the First time.

16:30
Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time. We are on a little bit of a tour from Camden to Heathrow and now up to Washwood Heath in Birmingham. On the face of it, the new clause is rather sober and is perhaps not that attractive to the casual observer. However, it is extremely important for reasons that I will explain.

The new clause would minimise the use of land in both extent and time. Washwood Heath, 3.5 km east of Curzon Street, will be the site for HS2’s rolling stock maintenance depot, and the depot’s location and ability to operate efficiently will be critical to the railway’s functioning. Washwood Heath is an area of high unemployment that lies at the junction of the Ladywood, Erdington and Hodge Hill constituencies. Together, those three constituencies are home to 45% of Birmingham’s unemployed. As of February 2016, Birmingham, Hodge Hill and Birmingham, Ladywood are two of the top four constituencies in the UK for claimant rate as a percentage of the economically active population aged 16 to 64, and they are two of the top four constituencies in the UK for long-term youth unemployment claims.

Although the maintenance depot will create jobs, my right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne) forcibly argued the case that its potential for additional regeneration needs more recognition. Birmingham City Council originally planned to use the site to build a business park that would have created an estimated 6,000 jobs, but HS2 earmarked it as the home of a new maintenance depot instead, creating just 300 to 600 jobs. He was successful in persuading the HS2 Select Committee of the need to minimise the use of land at Washwood Heath and was instrumental in pushing the Select Committee to direct a review to minimise the use of land by the promoter and to maximise opportunities for employers to establish themselves after construction.

The proposed Washwood Heath site is the size of 100 football pitches—I will not comment on whether there is a decent football team to play on them—but nevertheless it makes up one third of the industrial land in Birmingham. Ensuring that such a significant amount of industrial land is used most efficiently, allowing for the creation of employment opportunities, would be crucial in any part of the country, but it is a particular priority in an area that is so blighted by unemployment. The area potentially to be handed back after construction is now 50% greater than in HS2’s original plans. The council estimates that the land now freed up can accommodate 3,000 much-needed jobs, rather than the 300 jobs in HS2’s original plans, which is a welcome development. I pay tribute to my right hon. Friend for his persistence and persuasiveness in making that case.

The extent of the land temporarily required, and for how long it will be so required, will affect the extent of further opportunities for job creation, so it is critical that both the amount of land and the time for which it is required are kept to a minimum. The new clause would require the Secretary of State to use his or her best endeavours to keep to a minimum the amount of land required during the construction of phase 1, as well as the length of time for which such land is required.

Considering the importance of the opportunities for job creation at Washwood Heath, as well as the perceived unsatisfactoriness of HS2 Ltd’s previous dealings with landowners at Washwood Heath, there should be special emphasis to ensure that the Secretary of State and the nominated undertaker work with the landowners to make sure that as much land as possible is released as soon as possible to maximise early development and job creation.

The new clause would also require that within 24 months of the commencement of the use of land at Washwood Heath and annually thereafter the Secretary of State and the nominated undertaker prepare a report on the discharge of their duty under new clause 41(1) to minimise the amount of land used and the duration of its use, and lay each report before both Houses of Parliament, ensuring that there is sufficient oversight of the process to minimise the use of the land.

This is a crucial new clause for this community and its ambitions, and I trust that the Minister will be able to give it his and the Government’s support, and properly recognise the recommendations of the Select Committee.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

As the hon. Gentleman has just said, the Government have listened and we have taken action, not least because the right hon. Member for Birmingham, Hodge Hill, who represents this area, raised this issue in a Westminster Hall debate, and I was able to listen and respond in detail to the points he made. I have also received very detailed briefings about how this land could be best used to provide both facilities in connection with HS2 and much-needed jobs, which are being created in Birmingham in very large numbers.

As the hon. Gentleman has said, Washwood Heath will be the site of the new HS2 rolling stock maintenance depot. It is important that the design of the depot is not constrained to the point that it offers substandard operation. The depot will provide services for HS2 phase 1 trains, as well as supporting phase 2. I understand the imperative to release land at Washwood Heath to bring forward development and to create jobs for the local community, but we need to get the balance right so that both HS2 and the development can happen.

The issue of releasing land early and increasing the total amount of land released for development at Washwood Heath was discussed during the HS2 Select Committee process. We were instructed by the Select Committee in November 2015 to work with AXA, the major landowner on the site, to consider how depot design and temporary land take for spoil treatment and storage could be revised to release land for development.

Through ongoing design refinements, we have been able to increase the amount of residual land available for development from 16 hectares, as outlined in the original build design, to approximately 24 hectares. As part of this process, we have reviewed the land required for HS2 construction purposes and identified an area of approximately 4 hectares at the bottom end of the site that could be made available for immediate development.

We have committed to consider further reductions to the permanent footprint of the depot and to the temporary land take for construction as part of a detailed design. This will include looking into the feasibility of providing an underground temporary water storage system, which would enable car parking to be located on the surface of the water storage areas, thereby further increasing the areas of residual land available for employment generation.

In addition, Saltley business park, which is just west of the Washwood Heath site, is being considered as a potential alternative for certain construction activities currently planned for Washwood Heath. The use of that site will be kept under review, provided that it does not prejudice existing or future employment opportunities at Saltley business park or the timely, economic and safe delivery of HS2. Of course, use of the site would be subject to obtaining all necessary powers and consents.

We have already given a commitment to Parliament to continue to seek to reduce the HS2 footprint at Washwood Heath where reasonable. Therefore, there is no need to include such a clause within the Bill and I hope that the hon. Gentleman will withdraw the new clause.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I am grateful again to the Minister. He has taken very seriously the comments of the Select Committee and he has gone a long way to responding to its pleadings and to those of my right hon. Friend the Member for Birmingham, Hodge Hill.

I regret to say that I am not persuaded to withdraw the new clause, because it is necessary that this important clause appears in the Bill. This is a crucially important investment issue for that part of the world and the new clause would give additional confidence to those who wish the area to be otherwise developed if we made it abundantly clear on the face of the Bill that there is that obligation, minimising duration and scope of the land taken for HS2. For those reasons, I ask that the matter be put to a vote.

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

Division 11

Ayes: 5


Labour: 5

Noes: 8


Conservative: 7

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

On a point of order, Mr Chope—a rather spurious one—may I take this opportunity before we conclude proceedings to thank everybody who has participated in the debates last week and this week? The debate has ranged widely, from ancient pear trees to the Clapham omnibus, from air quality to burial grounds and even to cheese parmos. I wonder whether the nominated undertaker would be required if one were to eat too many cheese parmos. Possibly the utilisation of the burial ground might follow on, as night follows day.

There has been a spirit of cross-party engagement. The project will span many years and generations. It was conceived under a Labour Government, and I hope it will be delivered by a Conservative Government. The leaders of the great cities of the north, many which are unfortunately under the control of the Labour party and regularly receive the support of Labour party voters, are integral to delivering the scheme. The possible exception to that cross-party engagement was the short debate on the nationalisation of the railways; I think that that debate will rumble on until and beyond the general election.

I thank you, Mr Chope, for your excellent chairing of the Committee. Please pass on my thanks to Mr Hanson, who chaired our meetings last week. I thank the members of the Committee and the secretariat, who have done such good work keeping us together; my officials in the Department for Transport; those who keep the record in the Official Report; and those who maintain the security of the Committee by ensuring that the doors are locked in a timely way. I think that history will show this as another step towards our goal of delivering a 21st-century railway of which many generations will be proud, realising that the work that we did here made a difference to this country’s future.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

Further to that point of order, Mr Chope, may I also express my thanks to you for chairing so expertly, and to Mr Hanson, who performed superbly, saving us from an invasion by the House of Lords? At one point he got a good deal of exercise, and I think he owes us a debt of gratitude for his improved physicality after bobbing up and down to move through clauses with great rapidity. We had an excellent discussion about the man on the Clapham omnibus—

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

My hon. Friend is quite right; we corrected it to “person”. She scolds me correctly. We also had a tour around other jurisdictions, including Australia and the Bondi tram, which I am sure you would have found absolutely fascinating, Mr Chope, had you chaired that particular sitting.

There has been a great deal of consensus and good will among the parties; a lot of the good will sits on the other side of the Committee permanently. We have yet to hear in further detail about the Minister’s burial ground. I was curious whether the residents were still paying him rent. With that, Mr Chope, I thank you. I thank the Clerks specifically for their superb assistance to me and my assistant in preparing the Bill; the Doorkeepers; and, of course, the police who have kept us safe throughout the process. This is an important Bill, and we have given it proper attention and interrogation. I think that we all look forward to the fruition of a most important infrastructure project for the United Kingdom.

None Portrait The Chair
- Hansard -

I shall be delighted to pass on to my co-Chairman the generous remarks that have been made. I feel as though I have missed out, because I have had only one day in front of this extremely genial Committee. It seems well focused, with no lengthy speeches or unnecessary or irrelevant comments. It is not for me to comment on the merits of the Bill, as the Minister knows, but I reaffirm my support for all the hard work put in by the Clerks, Hansard, the security staff and so on. It has facilitated the speedy passage of this Bill.

Bill to be reported, without amendment.

16:46
Committee rose.