Airport Expansion

Baroness Kramer Excerpts

Tuesday 25th February 2025 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

As soon as the noble Lord got up, I was reminded that he was one of the principal promoters of the Thames estuary airport. That was a good, innovative and brave proposal, but would have cost the country far more than the figures he is quoting for the expansion of Heathrow. We have to wait for the proposals from Heathrow, or any other promoter, for the third runway and see what they look like. We can then see what the application for a DCO actually consists of, how much it is said to cost and what else needs to be done in order to achieve it. That will clearly be work in progress, considering that a proposal is expected only early in the summer.

[Baroness Kramer (LD)]

My Lords, the Government—the Minister referred to this a moment ago—based their pronouncements on Heathrow on a report by Frontier Economics, but I recognise the key graph. It looks like a forecast for high demand for air travel, which is then met by Heathrow runway 3, but it is actually a graph of how much more air travel could be induced by runway 3 if a company applied an aggressive marketing strategy. How does a strategy based on inducing more air travel fit with the Government’s statements on climate change?

[Lord Hendy of Richmond Hill (Lab)]

The next process is that the Government are committed to reviewing the Airports National Policy Statement, which is a government action. Then, as I say, this summer we will receive proposals from Heathrow, or from any other promoter, about a third runway, followed by an application for a development consent order. The matters that the noble Baroness refers to will no doubt be set out in Heathrow’s proposals and those of any other promoter, and then set out in detail in the DCO. We have to wait until then to see what they say about the demand, how it should be paid for—which was the subject of the previous question—and the Government’s view about what it will do for the economy.

Airport Expansion

Baroness Kramer Excerpts

Monday 3rd February 2025 Lords Chamber

[Lord Hendy of Richmond Hill (Lab)]

The noble Lord is very familiar with the processes that have been gone through so far. The answer to that question is that it really depends on what is submitted by the promoter this summer. We all know that there was a proposal for a third runway in the north-eastern quadrant of the airport. To start with, it depends very largely on whether that submission is very similar to the one the promoter made previously or if there is something substantially different.

[Baroness Kramer (LD)]

My Lords, in 2014, the cost estimate just to build the Heathrow third runway was £18 billion, to be paid for in the end by higher fees on the airlines. British Airways was clear that it would not pay. In addition, Transport for London costed the upgrade to local transport as between £15 billion to £20 billion, of which the airport offered to pay £1 billion—the rest was to fall on London businesses and TfL. That project failed because the business case is completely ludicrous. Will the Minister now update us on the range of costings and, more importantly, who will pay?

[Lord Hendy of Richmond Hill (Lab)]

The costs of a third runway depend, of course, on the proposals of the promoter to deliver it. Without that proposition, we cannot usefully have a debate about how much it might cost, but my earlier answer to the noble Lord, Lord Moylan, stands about the cost of the runway itself. The only other thing I point out to the noble Baroness is that, since 2014, the Elizabeth line has opened, and a significant amount of extra railway capacity has already been provided to Heathrow Airport.

Driving Licence: Young and Newly Qualified Drivers

Baroness Kramer Excerpts

Monday 15th January 2024 Lords Chamber

[Lord Davies of Gower (Con)]

Again, I would say that it is about, every three years after becoming 70, making a medical declaration to ensure that a person is of sound mind and able to continue driving on our roads.

[Baroness Kramer (LD)]

My Lords, many Members of this House are grandparents with teenage grandchildren. I say as one of them that it is exceedingly alarming to know that a new driver who has just passed their test can take a number of youngsters out after a party or some other gathering or to a gathering. Hopefully, they are not breaking the law by drinking, but the behaviour in the car and the distraction is a genuinely serious issue and a major cause of many of the accidents about which we are concerned.

[Lord Davies of Gower (Con)]

The noble Baroness is absolutely right; I cannot disagree with her. That is why the Government have commissioned the young driver research piece, the Driver 2020 project, and I hope that it will produce some suggestions as to how we may deal with this.

Refurbishing Trains: Contracts

Baroness Kramer Excerpts

Tuesday 12th December 2023 Lords Chamber

[Lord Davies of Gower (Con)]

It has been the case for many years that train companies lease their rolling stock, and that still is the case.

[Baroness Kramer (LD)]

My Lords, could the Minister unpack the statement he has made, which sounds so very reassuring, that the Government will abide by the contract for the purchase of trains for phase 1 of HS2? Surely, the train manufacturer invested and provided facilities for the HS2 project overall. The same trains of course would run beyond Manchester when the line was extended and, therefore, you cannot mix and match two different sets of trains. Has he looked at the economics of the decision that has been made and understood what the consequences are for the manufacturer with which he is contracted?

[Lord Davies of Gower (Con)]

I say, in answer to the noble Baroness’s question, that Alstom is part of a contract with Hitachi to design, build and maintain HS2 trains for phase 1 only. Phase 1 of HS2 between Birmingham and London will continue, with a rescoped Euston station. We expect Alstom’s contractual obligations to be honoured with HS2 Ltd.

Public Charge Point Regulations 2023

Baroness Kramer Excerpts

Wednesday 13th September 2023 Grand Committee

[Baroness Deech (CB)]

My Lords, as an electric car owner of six years, I welcome the attention being paid to our usage. The regulations represent a first step forward in the right direction, but it is too little and there is a long way to go.

The incidence of range anxiety is well known. Celebrities have written about how they will never drive electric again, having been thwarted in their attempts to charge up as they go on long journeys. The lack of charging points is almost a national joke. It has taken about five years of pleading for Parliament to install two chargers; after some postponements, they are finally expected after the Conference Recess. These are the rules for payment—or at least one of them:

“Via the QR code, scan the QR Code using your mobile device and follow the on-screen instructions on your mobile device, add a payment card, and pay as you go for the energy charge”.


I can see what will happen. Even that is relatively simple compared with some others—I will come to that point.

I solved my own charging issues by exchanging, at considerable expense, my low-range electric car for a much longer-range one, but many cannot afford that and many more live in terraced houses and blocks of flats with no access to a charging point in their garage or driveway, at work or in the road. Even in the road, there is no guarantee that a charger will be free and working or that a non-electric vehicle will not have taken the space reserved for an electric one. I have known banks of six chargers where you find that two of them are Tesla only, two are broken, one does not fit your car and one is in use. I gather that Tesla is now making its dedicated charge points available to other makes, but one will need a special adapter to connect the car. That needs to be widely known. How can we persuade the public to take up electric vehicles when charging and infrastructure are so lacking and complicated?

The regulations require contactless. To the public, that means tapping one’s everyday credit or debit card. Thankfully, it seems that is what the regulations mandate, instead of the current need to carry a wallet full of payment cards issued by many different charging providers. But this requirement applies only to new public charge points—we have to wait another year for the old ones—and those with a power of 8 kilowatts or above.

Moreover, public charge points are defined in the regulations not to include workplace charge points, points for a specific car make—Tesla, for example—or those for use by a visitor to residential premises. They do not apply to micro-businesses or to blocks of flats, and they exclude slow charge points. Why? Within two years, users will be able to use a payment card provided by one provider for another’s charge point, but it seems as if a provider need link up with only one other. We need one card to be used at every charge point nationally.

We need lighting requirements. Too often, the charge point, its tiny print about how to use it and the socket are shrouded in dark, at night and in the rain. Currently, the need to have wifi and an app may be a major obstacle. Imagine if you were a petrol car driver who gets to a petrol filling station late at night, only to find that your car is not allowed to be filled from that brand of pump and that you have to drive on and find another, or that the wifi is not working but is required.

The 99% liability is spread too thinly because it applies to the entire network, not the individual charging points. All in all, these regulations go too far in avoiding excessive regulatory burdens on industry, as they put it. I prefer to express it as too weak a requirement on industry to make the charge points that it provides, and from which it profits, all work all the time. Charging points should be uniform and there needs to be an end to the multiple, confusing charging membership packages.

The provision of data mandated in the regulations is good. One needs to know in advance whether the charging point that one wants to rely on is actually free and in working order. I fear that the mandated 24-hour telephone helpline may turn out to be one more where one is left holding on in the dark—and the rain—while music plays and a recording says, “Your call is important to us”.

Although these regulations herald an improvement on the current situation, it is only seven years until 2030 and the phasing out of petrol cars. There is not enough here to persuade the worried consumer to trust electric vehicle charging, because there are too many exemptions and providers are being given too long to adjust, given that electric cars have been mass produced and used since at least 2010. The regulations need to apply to every charge point, wherever it is, whatever its strength and very soon.

[Baroness Kramer (LD)]

My Lords, I congratulate the noble Baroness, Lady Deech, on echoing my personal experiences time after time as the driver of an electric vehicle, which I used to be.

I understand that, as we speak, the EV charge points are finally being installed in the Royal Court of the House of Lords. I suspect there are not enough, but at least there will be a charge point or two, so it seems that we can finally speak about these issues in this House without a sense of hypocrisy—demanding of others that they make a provision that we would not even make for ourselves. My thanks to the House for making that decision but, if there are only two charge points, I hope it realises that it will need to add many more very quickly to service the number of people driving electric cars who belong to this House.

As I just implied, I no longer have my electric car, or any car, because a few weeks ago my Nissan Leaf suddenly lost power in the fast lane of the M25. This is apparently not an unexpected feature of the Nissan Leaf reduction box; I cannot tell you how casual the company was about this failure. The car is scrap, and I am alive and uninjured thanks only to some sort of hand of fate, frankly, having tried to manoeuvre on momentum across four lanes of traffic on the M25.

However, I owned an EV for long enough to understand all the trials and challenges of public charging, so well laid out by the noble Baroness, Lady Deech. I realise that this SI is supposed to redress those. As I read the details, I became more and more disappointed and frustrated.

--- Later in debate ---

The noble Lord, Lord Tunnicliffe, spoke about 99% resilience for the network as a whole. Again, that was one of the things we changed following the consultation. We moved from individual charge points to the network as a whole because we felt that that was more reasonable. I think he will probably not be surprised to learn that there are certain exemptions to that. Obviously, it is beyond the operator’s control that the Great British public unsupervised occasionally does things that it should not. In those circumstances, that would not count, although we would expect very quick repairs.

[Baroness Kramer (LD)]

On the reliability issue, why does that not apply to the AC network, which is the one that most people use? It applies only to rapid charging, which is, I think, the DC network.

[Baroness Vere of Norbiton (Con)]

Again, it goes back to what we feel able to bring in at this time in terms of reliability. It will be something that we keep under review because we should be in a situation where we can require reliability. To my mind, the most important element of all this is open data because that will provide real-time information about whether a charge point is working and whether somebody is currently plugged into it. I accept that there will be circumstances where people are parked in a charging spot, as experienced by the noble Baroness, Lady Deech —that is very unhelpful—but many of the big concerns will be met by the open data. The other thing that will happen is that the roaming providers will start competing on the accessibility of that data and their ability to analyse it and provide it to drivers in an easy-to-use form.

The noble Baroness, Lady Kramer, and the noble Lord, Lord Tunnicliffe, mentioned micro-businesses. As noble Lords will know, it is current standard practice to exclude micro-businesses. Most of them are not excluded from the requirement to do price transparency, which we think will be helpful. There are 28 micro-businesses that will be excluded from the requirements set out in these regulations. They operate around 5,000 devices so they are less than 10% of the market. One anticipates that those micro-businesses will not be micro-businesses for much longer because they will grow or there will be some consolidation in the market. However, that is the way that regulations often work; I hope it is helpful to have that explained.

There has been some focus on the helpline and the fact that calls may be held waiting despite being very valuable to the company. We agree that there is always a risk of that. The operators of 24/7 helplines will have to report to the Secretary of State every month on the total number of calls and the time it takes to resolve those issues, which I believe will be helpful.

I did not receive any questions about enforcement but I think it is worth noting that the Office for Product Safety and Standards will be the enforcement body for these regulations. It is very experienced at this. It will take a targeted approach to enforcement, so operators that we know are potentially not quite as good as others will get far more inspections than those we know are meeting not only the letter of the regulations but the spirit too. It is all about working with industry on this. We will take a pragmatic approach to enforcement but there will be financial penalties that can be used if required.

Turning to matters slightly beyond the statutory instrument, I know that noble Lords have a keen interest in the number of charge points. A number of figures have been bandied around. The Government stick to their estimate that we will need around 300,000 charge points at a minimum; we recognise that it is a minimum. In the past year, we have seen an increase of 38%. In May and June alone, we saw an extra 1,000 charge points going in, so there is momentum in installations coming down the track.

The noble Lord, Lord Tunnicliffe, was a little sceptical about whether we will even reach 300,000. Not everybody is sceptical. The independent National Infrastructure Commission has stated that it expects us to reach the figure if we can increase the number of charge points by around 30% per year, which has happened in recent years. Sometimes this needs a little financial help from government, and financial help is available. We have the rapid charging fund, which is good for less viable grid connection but also focuses very much on the strategic road network and motorway service stations. Then we have the local electric vehicle infrastructure fund. This comes to the point about how there are fewer charging points in certain areas. I encourage local authorities in those areas to ensure that they have made themselves aware of this fund and applied for it. Last time I looked, a number of local authorities had not. It is a way to improve areas. National government cannot do it but local authorities can pick up the baton and work with that.

I seem to have come to the end of my notes. I therefore hope that I have come to the end of your Lordships’ questions. However, as ever, my officials will read through Hansard. I am fairly sure that a letter will be forthcoming anyway because there will be other things that we would like to explain about these regulations.

Electric Vehicles: Charging Points

Baroness Kramer Excerpts

Monday 14th March 2022 Lords Chamber

[Baroness Vere of Norbiton (Con)]

I recognise the point raised by the noble Lord; there has been some media coverage about that recently and we are looking at what we can do. However, people are never more than 25 miles away from a rapid charger on the strategic road network, which is particularly good for long distance journeys. The Government have done an enormous amount of consultation over the past year on how we can mandate for new standards and for reliability, ensure that consumers can access support if they have trouble charging, make it easier for consumers to find the right charging point and its availability by publishing open data, and ensure that the costs are published as well, so that consumers can compare the costs of different chargers.

[Baroness Kramer (LD)]

My Lords, as we might be working late, I decided to drive in today. The first three public EV chargers were broken. I finally found a free and available fourth. Does the Minister understand that many people who have bought EV cars are now starting to regret it, and can she step away from this market-driven approach to rolling out infrastructure which at present is random, unreliable, and desperately inadequate?

[Baroness Vere of Norbiton (Con)]

I cannot agree that it is unreliable and desperately inadequate. We cannot control from Whitehall where EV chargers are—that would be utterly mad. We must work with the local delivery partners—the local authorities—and the private sector. At the end of the day, it will be the private sector which puts these charges in place. It will not be Whitehall, so we must ensure that the local authorities have the skills to figure out where their communities need their chargers. We are particularly concerned about those who do not have access to off-street parking, and we will be asking local authorities to focus on those people.

High Speed Rail (West Midlands–Crewe) Bill

Baroness Kramer Excerpts

Tuesday 8th December 2020 Lords Chamber

[Lord Berkeley (Lab) [V]]

My Lords, I am grateful for the opportunity to debate non-disclosure agreements again. I have tabled the same amendment that we debated in Committee to get a little more information from the Minister concerning some of her answers. I am grateful to her for the meetings that we have had and the answers that she has given. We have to remember that an NDA goes much wider than a particular project —HS2 or any railway.

It is worth pointing out that this amendment, proposing an independent assessor, is something which would be voluntary. She said that NDAs can be entered into voluntarily, but I understand from the way that HS2 has developed the process that if you want information, you have to sign an NDA. It is voluntary if you want the information. In Committee, the noble Baroness, Lady Randerson, pointed out that some local authorities like signing NDAs with other organisations, so that a small group or maybe even one person on the council can keep all the information to themselves and not inform their colleagues.

Another part of the Minister’s answer in Committee was that:

“If an independent assessor were appointed to scrutinise such agreements”—


NDAs—

“they would be breaching the privacy of those agreements.”

That is a circular argument. I am sure there would be a way of resolving it if both parties wanted to. My final comment is to question what she stated later:

“I am confident that the use of NDAs by HS2 is in the public interest.”—[Official Report, 12/11/20; col. GC 528.]


I agree that some certainly are in the public interest. We would not want to have every detail of every contractor whose contracts are being negotiated, or for them to be unable to have an NDA. Clearly that is confidential, but there are over 300 NDAs. HS2 Ltd is also quoted as signing an NDA with its own training body. If that cannot be kept confidential to the extent wanted, it is a bit sad.

I have taken a lot of useful evidence from a report by the former Construction Minister Nick Raynsford, who reviewed the process of NDAs. He concluded that they “undermine public trust” in major infrastructure projects and he criticised the

“widespread use of confidentiality agreements by the HS2 company”

and stated that they had a

“corrosive sense on the part of the public, that planning is no longer protecting their interests.”

This issue cannot be resolved today, and I have no intention of dividing the House. Personally, I think that having an independent assessor to review all the HS2 NDAs, and, with the presumption of transparency and public accountability, to check whether they are in the public interest, would be a useful thing. I suspect that it would cost very little and would delay things very little once it got over the initial stages. I end by asking the Minister: what do all these companies have to hide? I emphasise that I do not suggest that there should be no NDAs but that there should be some means of limiting them to those which are for good commercial reasons rather than possibly to avoid embarrassment. I beg to move.

[Baroness Kramer (LD) [V]]

My Lords, I very much support the noble Lord, Lord Berkeley, in coming back on Report to the issue of confidentiality agreements, more commonly referred to as NDAs. Thanks to more recent news articles, we now know that HS2 has required 339 bodies to sign confidentiality agreements, and that is required because otherwise they get no access to the information necessary to discuss HS2-related issues. I therefore hope that HS2 is now beginning to take on board the concerns of the public and many Members of Parliament, local authorities and civic groups, that confidentiality agreements are hindering the transparency which should underpin such an important project. I say that as a strong supporter of the project; I always have considered HS2 vital to economic growth across the UK.

Of course there are issues of commercial sensitivity which need to be covered by confidentiality agreements, and this amendment both accepts that and provides for it. However, the presumption should always be for transparency, with confidentiality on an exception basis. I have some hope that the Minister, Andrew Stephenson, recognises the problem. Gagging of any kind cuts Ministers off from the information they need. The late and slow leak of information, especially related to cost, land purchases and compensation, has harmed HS2 and generated suspicion. We need to be very open in explaining that, in any project on this scale, projecting costs and timetables is very difficult and will always change. I personally believe that the biggest problem we have with HS2 is understating its benefits, since it will serve us for generations, and most of the longer-term benefits and regeneration benefits away from the stations are not included in the official analysis.

I thank the noble Baroness, Lady Vere, for organising a Zoom meeting between interested Lords, herself, Andrew Stephenson, who is the relevant Minister, DfT staff and HS2 to discuss the issue. I and others have received a follow-up letter. The letter does not exactly allay concerns, but it makes it clear that the risk assurance committee of HS2 will now review the matter and will, I hope, recognise the damage to trust and reputation that has been and is being caused. I have to say that HS2 is not alone. Organisations public and private across the globe are having to revise their notions of appropriate confidentiality. No entity any more can rest in the comfort zone of just releasing good news.

As we made clear in Committee, this amendment does not deal with the settlement agreements usually used to manage whistleblowers. The idea I have heard that settlement agreements do not act as gags is nonsense. Why does the Minister think that Doug Thornton—the best known whistleblower on HS2, who was HS2’s director of land and property until he was dismissed when he raised concerns internally—did not sign one? He could have saved himself years of agony if he had.

HS2 has provided me and others with copies of its whistleblowing policy. On paper it looks fine, but pretty much every financial institution, private sector company, hospital, care home, prison, social services department or bank that has been caught in appalling behaviour has an exemplary tick-box whistleblowing system. The system just does not work in practice. That is why the whole issue of whistleblowing needs an overhaul. Following the Zoom call I talked about earlier, I realised that some parties do not understand why the noble Lord, Lord Berkeley, and I have spoken directly to only a few whistleblowers. It is because we are not prescribed persons. I suspect that the noble Baroness, Lady Vere, is not a prescribed person—the Minister, Andrew Stephenson MP, is a prescribed person, but it is a very narrow group. Any whistleblower speaking to me or to the noble Lord, Lord Berkeley, is not protected by PIDA, the Public Interest Disclosure Act. I stop any whistleblower from speaking to me who is not going public anyway, and I am sure that the noble Lord, Lord Berkley, does the same. It is much too risky for them.

I hope very much that when the audit and risk assurance committee of HS2 looks at confidentiality agreements, it will also do a deep dive into its internal “Speak Out” whistleblowing system, including talking to professional bodies such as the Institution of Civil Engineers and the Royal Institution of Chartered Surveyors from which members often seek advice when they run into an issue like this. I also hope that it talks to civil society groups such as WhistleblowersUK and Protect. Those of us who are concerned with these issues are now relying on the Government to make sure that the flaws in the use of both confidentiality and settlement agreements at HS2 are sorted. As the noble Lord, Lord Berkeley, said, the issue goes far wider than HS2 and far wider than rail, but we will be watching and listening because issues that are concealed never actually go away and, when they emerge, they come back to bite a project.

[Lord Rooker (Lab) [V]]

My Lords, like the noble Lord, Lord Carrington, I thought at one point that I would scratch myself from the remaining amendments. However, as I noticed my name was still there today, I thought I would do noble Lords the courtesy of not pulling out, although I do not have a lot to say on the detail. I am not familiar with what happened on this in Committee, and my noble friend Lord Berkeley said that it was the same amendment. However, subsection (6) of the proposed new clause looks to me as though it is retrospective. Are the promoters of this amendment seriously contemplating a change in the law to retro- spectively have all the current arrangements that, one assumes, have been mutually entered into reviewed by this independent assessor? Have I got that right? I do not quite see where the benefit of that would come from.

I fully accept, of course, that the noble Baroness, Lady Kramer, is in support of HS2, but there are people who could look at this amendment and say, to be honest, that it comes from a desire for disclosure of sensitive information to damage the project. I know she does not have views in that respect and I can remember her support when she was a Minister, but the fact is that this amendment could turn into that problem. I am not familiar with all the details, and I was surprised at the number of non-disclosure agreements; there have been over 300. On the other hand, when one looks at what is involved here—at the scale of the project, the number of contractors, the number of people involved in it or affected by it—that turns out, on reflection, to be quite a small number.

Of course, if it is true that this helps to avoid placing homes and businesses in unnecessary blight, as HS2 claims, that is a good reason for such agreements and for protecting the personal information of the people involved. I am not in favour of curtailing the activities of whistleblowers, but I fully take the point that Members of the House of Lords are in a different position from Members of the House of Commons—rightly so, frankly.

I will leave it there, but I would be interested to hear what the Minister has to say about this amendment, which is ill thought-out and does not have my support.

High Speed Rail (West Midlands-Crewe) Bill

Baroness Kramer Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords & Committee: 2nd sitting : House of Lords & Committee: 2nd sitting
Thursday 12th November 2020 Grand Committee

[Lord Snape (Lab)]

My Lords, as my noble friend Lord Adonis has said, we need some more information and it might have benefited all in the Grand Committee to have heard from the noble Baroness, Lady Kramer, if she feels that there is a particular problem with whistleblowing on this project. I am rather inclined to agree with my noble friend Lord Liddle that this is not the right legislation in which to include such detail, but let us wait and see.

My noble friend Lord Berkeley referred to the Oakervee review, of which he was such a distinguished member, and said that the process was too short and the terms of reference too narrow. He felt that some members did not want to hear witnesses he wanted to call in case they fell out with the Department for Transport as a result. Like my noble friend Lord Liddle, I have a great deal of time and respect for my noble friend Lord Berkeley, so I do not want to fall out with him either, but this is all a bit President Trumpish, in a way. You sit on a commission and there are various aspects of people’s involvement in that commission that are not quite what they should be. If my noble friend feels that something untoward is going on, he ought to tell us about it when he winds up the debate rather than make the implications that he has.

It is a pleasure, as ever, to follow the noble Lord, Lord Framlingham. If I might compliment him by saying so, at least it was a different tune he was playing. The end was pretty much the same, but it was a different tune. We had heard his previous speech, I think, twice on the Floor of the House, once in the Moses Room and at least twice during this Committee. We all knew what he was going to say. The Minister knew what he was going to say. I suspect that the mice in the Members’ Tea Room had an idea about what he was going to say. He is against the project. When I look at the history of his title, I rather think that a lot of his opposition comes from the fact that Framlingham station was closed as long ago as 1952 and the noble Lord has come to the conclusion that if he cannot have any trains, no one else can either. But I will reserve the rest of what I have to say and, like my noble friend, listen with interest to the contribution of the noble Baroness, Lady Kramer.

[Baroness Kramer (LD) [V]]

My Lords, I think I will have to disappoint at least three Members of the Committee. First, the work on NDAs, which is an area that does exercise me a great deal, is being carried on under the umbrella of the All-Party Parliamentary Group for Whistleblowing—a very effective group, chaired by Mary Robinson MP. It is very cross-party—it includes the noble Lord, Lord Berkeley, among its distinguished members—and is doing an incredible amount of good work. That is the right place for this to be pursued because it puts it in the very important and powerful context that most of those who personally suffer from NDAs—or, rather, the individual version, normally called a settlement agreement—are whistleblowers.

I am also not going to bring up the individual cases. I would ask the Minister to meet me—although I suppose we will always have to do this virtually—because there are cases of individual whistleblowers that need to be much more central to the attention of the Government. But this is not really the venue to go in detail through their individual cases. They need proper and long discussion. I am also not the right person to put words into those individuals’ mouths—they need their opportunity to make their position understood.

I support this excellent amendment because I think it is rather skilful. It identifies that non-disclosure agreements have long since lost their original purpose. They were meant to be arrangements which would provide confidentiality for proper commercial interests, such as protecting intellectual property or preventing unfair competition. There might be times when they give scope for private discussion, but I think most people can see that that would be very limited.

The amendment also gives primacy to the public interest. What has happened with NDAs is that people are asked to sign them almost as a matter of course in order to get into a meeting, and they have come to be used very widely now simply as a way to make sure that incompetence and wrong behaviour do not get into the public arena.

A number of journalists have done FoIs to try to get a sense of how many NDAs have been signed for HS2, and I was quite shocked to see—looking just at local authorities and civil society-type groups—that there have been some 340. This is just a strategy to prevent transparency in a project that is being paid for by the taxpayer. There should be a presumption of openness and of closure only in those circumstances where it is absolutely required for a valid reason. Right now the assumption is that everything will be secret unless there is some mechanism for opening it up.

As I said, I am particularly concerned about the NDAs which are being used to silence whistleblowers. Again, for people who may not be familiar with this, “NDA” is actually an American term. For individual whistleblowers, these are part of a settlement agreement. As noble Lords know, most whistleblowers are fired pretty much immediately; they lose their jobs and end up in employment tribunals. That drags on for years and then there is a settlement, or they are threatened with retaliation unless they come to a settlement which includes this vow of silence.

Quite a number of whistleblowers on the HS2 project have gone public—at great personal sacrifice. I feel that they should have proper protection, and that is one of the issues I want to discuss with the Minister. Like many in the transport world—including, I am sure, the noble Lord, Lord Berkeley—I am aware of many more people who have accepted settlement agreements, including those silence clauses, because they were afraid for their personal livelihood and for their family. Whistleblowers are canaries in the mine. They should be nurtured, not silenced. Serving staff should never be afraid to raise concerns. HS2 has not been exemplary—to put it mildly—on this issue. It has behaved very badly, frankly, to quite a number of its own staff. If anyone doubts that, they should look at the way that information on issues around costings and land ownership compensation has finally surfaced. Instead of government and others being aware early on that there is a problem, the whole issue festers and by the time it reaches the ears of anybody in government, as far as I can tell, it is very difficult to correct a lot of the underlying damage.

I have to say this; it is important. Most of the whistleblowers on HS2 are great supporters of HS2. I am a supporter of HS2. But we want the project to be judged on its genuine merits and not incorrect claims. I do not believe that the project is being helped by the way in which information has come out—delayed, challenged and finally admitted. It has scarred the reputation of the project. It has undermined public trust, frankly, in any information that HS2 now provides and that is a real tragedy.

We politicians have to shoulder responsibility for some of this. There is a pattern whereby the Treasury pressures departments to understate project costs. That has infected not just this project but a lot of major infrastructure projects. Crossrail strikes me as another of these tragedies which have suffered from the need to come up with an attractive claim in order to get approval at various stages. Those who are running projects—and sometimes this includes the Ministers, frankly—are really afraid to admit when costings are shown to be wrong because they are afraid they will then be vilified.

In complex, difficult, long-term projects, attempting to assess the issues and the costs up front is extraordinarily difficult and we need to take that on board and understand that information will change, that facts on the ground will change and that in this very complex situation not everybody will get it right, but we need that correction to happen as soon as possible and for the information to be available in the public arena as soon as possible. Open kimono is really the only way in which to generate trust and sensible decision-making. Frankly, we will never get that kind of transparency unless we deal with this NDA problem and the silence clauses in settlement agreements. Change that framework and people will speak out, we will hear the canaries, and it will be possible to take action in a way that is beneficial to the project and fair to the taxpayer and all the various stakeholders.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

I do not think I have anything further to say to the noble Lord, Lord Adonis. I too would very much appreciate hearing from the noble Baroness, Lady Kramer.

[Baroness Kramer (LD) [V]]

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

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

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

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

[Baroness Vere of Norbiton (Con)]

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

Hammersmith Bridge

Baroness Kramer Excerpts

Wednesday 9th September 2020 Lords Chamber

Asked by

[Baroness Kramer]

To ask Her Majesty’s Government what financial support, if any, they are giving to the repair of Hammersmith Bridge.

[Baroness Kramer (LD)]

My Lords, with apologies for jumping the gun, I beg leave to ask the Question standing in my name on the Order Paper.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, that is because the noble Baroness is desperate to hear my Answer, I am fairly sure. We in government and beyond—certainly residents on both sides—are keen to see the bridge open as soon as it is safe so that, at the minimum, people can cycle and walk across, river traffic can pass under it, and in time we can see it returned to full use. To help to find a speedy resolution to this rather tiresome and tardy situation, the Government have announced today that they have established a task force. I will lead it and I shall bring together the key decision-makers in London. We will get a solution, figure out how to fund it, and ensure that action is taken. This has been going on for too long; we need to get something done.

[Baroness Kramer (LD)]

My Lords, as the Minister said, the impact on the community is absolutely dire, in particular on the transport network. More than 1,000 schoolchildren are taking nearly two hours to get to school. We urgently need a temporary solution. Regardless of the task force, under the current circumstances the only body that has the money to provide both a temporary and a long-term solution is the Government. Can she give an assurance that that money will be made available so that this hell can be lifted as soon as possible?

[Baroness Vere of Norbiton (Con)]

My Lords, one of the problems I have faced over my many months in the world of Hammersmith Bridge is that no one seems to be able to decide how much money is actually needed, and what for. That is why I have set up the task force, so that we can lift the lid on all the proposals, see whether we can assure ourselves of their validity, and then figure out how we might fund them. At the moment, I have figures ranging from £26 million, £47 million, £141 million to £164.5 million.

Railways

Baroness Kramer Excerpts

Wednesday 9th September 2020 Lords Chamber

[The Senior Deputy Speaker (Lord McFall of Alcluith)]

My Lords, all supplementary questions have been asked. We now move to the next Question.

[Baroness Kramer (LD)]

My Lords, I beg leave—oh.