Infrastructure Bill [HL]

Debate between Baroness Kramer and Lord Jenkin of Roding
Monday 3rd November 2014

(10 years ago)

Lords Chamber
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Baroness Kramer Portrait Baroness Kramer
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My Lords, again we have a wide range of amendments in this group. I shall focus on the issues that have been raised by the noble Lords, Lord Berkeley and Lord Whitty. We derive from these amendments that they see advantage in the company being issued with a licence: we covered that discussion a few minutes ago. I want to be clear that safety and other duties are being transferred to the company by virtue of its appointment as the highways authority for the strategic road network. These, together with essential environmental duties in existing legislation, will apply to the company. I also make it clear that the new company will be bound by the network management duty in the Traffic Management Act 2004, a duty which would be difficult to perform without co-operating with other local highways authorities.

Sustainable travel, though, is a different kettle of fish. It is an issue of wider transport strategy and policy, which is a matter for the Secretary of State to determine. However, many issues raised in these amendments that may not currently be covered in legislation to the extent proposed—for example, sustainable development, engaging communities or conducting research and development—will be the subject of binding statutory directions and guidance, which is the long title that we have given the licence issued to the company by the Secretary of State. I am sure that noble Lords will have looked at the recently published drafts.

I have the advantage of a marked-up copy, so I can see how extensively all those issues have now been written into the licence, in very significant detail. For example, on the environment the licence holder must:

“Seek to minimise carbon emissions and other greenhouse gases from its operations; adapt to operate its network in a changing climate; and, where relevant, assist the Government in meeting its wider greenhouse gas emission reduction targets and climate change commitments”.

We can see, in each area, that there is very substantial language. On safety, there is language focusing in great detail on these issues, so that they are deeply embedded, as there is, in other places, on collaboration. So it is there in the licence, or, as we are calling it now, the statutory directions and guidance. To me, it is crucial that they are in that document because, of all the documents, it would be the living document that most impacted the company on a regular basis. We want to make sure that those issues are to the fore and centre, right in the eyeline of the new strategic highways company. Directions issued by the Government have legal force and, together with the independent scrutiny of the monitor, which is there to enforce, will ensure that the company is accountable for what it does.

In listening to your Lordships, I understand that there would be a measure of comfort in echoing some of these key issues in the Bill. To me, it is important that they are in the licence because that is where they will drive behaviour and the enforcement capacity is genuinely there. I can see an argument for making sure that these issues are being given the attention that noble Lords wish, particularly for public reassurance. Two stand out—road safety and the environment—as well as co-operation. I can therefore make a commitment to your Lordships that I could come back before Third Reading with an amendment that would impose those provisions as high-level duties on the company in respect of these fundamental matters. As I say, my personal view is that they are where they need to be to have effect but, if it will provide reassurance to the public in general and your Lordships in particular that they are being sufficiently recognised, this is the way in which to tackle them with a great deal more detail, direction and energy within the content of the statutory directions. We could work a way to put those three high-level duties into the Bill.

In this group are Amendments 22 and 24, which relate to setting the road investment strategy and removing subsection (6), which may provide an element of confusion. However, given that it has not been raised, I will not pursue the matter but would be glad to explain to anyone why we think that those amendments miss the point.

Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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My noble friend has just said that the matter has not been raised. I have been looking through the licence and the Bill, and the noble Lord, Lord Whitty, made the point that there does not seem to be a positive statement that under the licence the strategic highways company must comply with the road investment strategy. Will she consider whether something of that sort could be specifically included? Such a provision may be there; maybe I have missed it, but I cannot see it in the licence.

Baroness Kramer Portrait Baroness Kramer
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At this point, I cannot remember the exact location of each item, but I will go back. However, we now have the monitor there to enforce the RIS or the strategic highways company’s compliance with it, as well as with the contents of the draft licence or statutory guidance.

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Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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My Lords, I have a feeling that the noble Lords who have spoken have not taken account of what is in the draft licence document. Paragraph 5.11, which is headed “Cooperation”, states that,

“the Licence holder must cooperate with other persons or organisations in order to … Take account of local needs, priorities and plans in planning for the operation, maintenance and long-term development of the network”.

Sub-paragraph (d) states:

“Provide reasonable support to local authorities in their planning and the management of their own networks”.

This raises the question of what should be in the Bill and what can be left to the guidance and direction in the licence document. My feeling is that if the final licence document contains those provisions, that should go a very long way to satisfy the objectives which the two noble Lords opposite have put before the House. No doubt my noble friend on the Front Bench will confirm that that is the Government’s view.

Baroness Kramer Portrait Baroness Kramer
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My Lords, I am delighted that the noble Lord, Lord Davies, appreciates that we are pouring unprecedented amounts of money into the local road network and that a significant amount of it is allocated on a competitive basis, as it were, to make sure that the projects which yield the most improvements get priority. I thank my noble friend Lord Jenkin for making the case so clearly as that enables me to shorten my remarks.

The noble Lords, Lord Whitty and Lord Davies, have proposed amendments—the amendments also stand in the name of the noble Lord, Lord McKenzie—which suggest that local highways authorities are involved with setting up the strategic highways company, that these bodies are consulted when setting the road investment strategy, and that the strategy accounts for potential impacts on local and other networks. I fully accept that these are well intentioned amendments but I contend that they are not needed.

Let me be clear: we want the company to work closely with other highway and traffic authorities to achieve the objectives determined by the Secretary of State. Without close co-operation, both the company and the local highways authorities would not be able to deliver their network management duty as set out in the Traffic Management Act 2004. However, it is important to recognise that the company will not be responsible for the management of local authority roads, and local authorities would be furious if it attempted to do so.

We consulted publicly in October 2013 on the proposals to create the new company and the future governance arrangements, taking into account the views of local highway authorities in our response. That response, published on 30 April this year, formed the foundation of the proposed legislation. It is hard to see what value an additional consultation would bring.

With regard to board representation, we are creating a limited company with a fully functioning board to guide and hold the company’s executive to account. Therefore, involving local authorities in the detailed running of the company would undermine that effective management and oversight of the company and the strengthened arrangements that we intend to put in place.

Our analysis of investment proposals for the strategy will necessarily account for overall transport impacts due to the close links between the strategic road network and other networks, including local highways. Requiring the strategy to include a detailed analysis of the impact on the condition or overall funding arrangements for local roads, or other networks, is unnecessary. Much of this work is already required, while some of the more detailed implications would be a burden and risk causing confusion by making central government take action on issues which are within the purview of local government to deal with. We are very conscious of devolution issues in this regard. Requiring us to consider the condition of the strategic road network as part of setting the strategy is unnecessary because we have considered the state of the network. We reached the decision to invest more money in maintenance and renewals at the last spending round

I turn to the issue of consultation. Given that we have tabled a set of amendments which require consultation to take place as part of setting and varying the strategy, and combined with the requirements on co-operation and the fact that the company would be fully engaged with local highways authorities, there is no need to specify that the company must consult them. It is already embedded.

I hope I have been clear. I have reflected on the amendments about the involvement of local highways authorities in the running of the company and the road investment strategy. I believe that the objectives of the amendments are achieved already within the Bill and the accompanying documents. I hope very much that the noble Lord, Lord Whitty, will feel able to withdraw his amendment.

Infrastructure Bill [HL]

Debate between Baroness Kramer and Lord Jenkin of Roding
Tuesday 14th October 2014

(10 years, 1 month ago)

Grand Committee
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Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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I start by saying that I am most grateful to noble Lords who have voiced their support for the amendment. If we were to debate this in a wider forum, we might find a good deal more support. I certainly have that in mind. We may return to this matter on Report.

Having said that, I am very grateful to my noble friend for spelling out so clearly what she and her colleagues in government see as the difficulty of forming, as she came back to again and again, an aggregate view. I do not think that people are looking for an aggregate; they are looking for consistency and a common approach to find out how much of this investment will actually fall on consumers.

The example that the noble Lord, Lord Berkeley, gave of the Thames tunnel has been very carefully worked out by Thames Water with the help of Ofwat. What the charge is going to be on water consumers—I am one of them—is known, perhaps not over the next 80 years, but over the next two or three years. I do not know how long it will be. That is the kind of example that might well be extended to other interesting investments.

This is the impression I have formed on what the UKRN is going about. I was getting very depressed at one point when the Minister was spelling out the impossibility of doing what we were asking it to do. Yes, the UKRN is a very important innovation. It is a much stronger and more effective body than its predecessor. It is emphasising cross-sectoral issues and looking, as I said a few moments ago, for consistency. It will be able to add considerable wisdom over the next two or three years and help successive Governments to try to make a better estimate of what an investment programme of the size that we now face in this country, running into hundreds of billions of pounds, is going to cost consumers.

Baroness Kramer Portrait Baroness Kramer
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The language of the amendment is that the Treasury must assess the,

“cumulative impact of infrastructure spending”.

That is why I used words such as “aggregate” and “cumulative”; I am happy to substitute “cumulative”. That is our problem.

Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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I quite understand that. I take that point. Indeed, I read the evidence that was given to the Public Accounts Committee by John Kingman. He made that point very thoroughly. He is an extremely able civil servant and he declared himself very firmly as the chief official in the Treasury concerned with the impact on consumers. He made the exact point my noble friend has made that there are great differences between the industries and the different circumstances.

One is looking for consistency on this—I keep coming back to that word. The UKRN is going to be in the position to throw a good deal of light on this. I was therefore very grateful when my noble friend said its establishment was an important step forward. That is a good start. Parliament is going to have to push this in both Houses. I do not know whether the Public Accounts Committee report and the Government’s response are going to be debated in another place, but we would certainly have an opportunity, in the context of this Bill, to air the matter again on the Floor of the House. We will certainly take account of the points my noble friend has made and perhaps revise the wording of the amendment accordingly. In the mean time, I am very happy to withdraw it.

Infrastructure Bill [HL]

Debate between Baroness Kramer and Lord Jenkin of Roding
Tuesday 15th July 2014

(10 years, 4 months ago)

Grand Committee
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Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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I perhaps should have mentioned earlier that shortly before coming to the Committee, I had an urgent e-mail from a group with which I had been in touch about what amounts to affordable housing. It is a question of whether the houses that this group provides are liable for the local land levy. A decision was made in the group’s favour, which it sees as possibly depriving it of the opportunities to have the land. My noble friend has made the point about how the surplus land, as it were, brought into the ownership of the GLA, or whoever, will be disposed of. If my noble friend could include that in her examination of the matter that her officials will be discussing with the GLA, some of these people might have some comfort. They fear that they may not be in people’s sights of having land that ought really to be made available for affordable housing.

Baroness Kramer Portrait Baroness Kramer (LD)
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The noble Lord, Lord Jenkin of Roding, makes clear that there are complexities in all this. We do not have set levels of affordable housing. That has to be for the local authority. It is best placed and will undoubtedly use its planning processes, which of course apply to any development, to make the relevant determinations. He is right that there are complexities that we have to iron out and work our way through. I just want to alert the Committee and to say that we are sympathetic to the underlying direction of this amendment, but there is work to be done to know whether this is the most effective way to achieve what I think everyone here is attempting to achieve.

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Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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My Lords, I was relieved to hear the noble Lord, Lord McKenzie, say that this was a probing amendment. It is on that basis that I hope that the Minister will at least undertake to examine the possibility. All three noble Lords who have spoken in favour of the amendment have much more recent experience than I of local government service. It is more than 50 years since I was chairman of the housing committee of a then London borough which is now part of the London Borough of Haringey. It was then called Hornsey—I should say that it ends “sey” for the benefit of Hansard, which usually spells it like the Lincolnshire town. However, I was the chairman of housing and the problem existed then. In an inner London borough, one was very much of aware of the shortage of available land. We had a substantial slum clearance programme and I was very much concerned about where we were going to put the residents while the building was going on. That was a problem and I lost my seat on the council before it was solved, but that is a different story which my noble friends in the Liberal Democrat party perhaps do not wish to hear. However, within six weeks I was the prospective parliamentary candidate for Woodford, so I did not mind very much.

There is a real problem with surplus land. For me, by far the most important objective that this clause is intended to achieve is speeding up the whole process of getting surplus public land into development. The test that I hope my noble friend’s department will be able to apply to this is: does this amendment actually promote that objective? The objective is not necessarily to allow local councils to retain land because I suspect that some of them have a good surplus of public land, which they somehow think they may want to develop in future. Such is the housing crisis in this country—as we have said, it is a crisis particularly in London but I think it is elsewhere as well—that the important thing is to get the land into use now. The test that ought to be applied is whether this amendment would help to achieve that or not.

Baroness Kramer Portrait Baroness Kramer
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My Lords, that is some intimidating experience from quite a number of your Lordships, which I cannot possibly hope to match. However, your Lordships will be aware that a recently concluded strategic land and property review identified the scope to generate something like £5 billion in receipts from both land and property to support growth and drive efficiency. The Homes and Communities Agency will have an important role to play in leading this programme from next year. However, it may not always be the best or the only delivery option. The noble Lord, Lord Smith, gave us an illustration from Greater Manchester. He obviously has great expertise and played a very significant role in Greater Manchester.

As I say, local authorities also have a vital contribution to make, and in some cases this may mean transferring sites to them. I am keen that we explore the best options for delivery, taking into account local circumstances. So while our clause does not mention local authorities, to respond to my noble friend Lord Tope, there may indeed be benefits to exploring whether they should be included in the clause, which may smooth the process of transferring sites from central government’s arm’s-length bodies to local authorities, where this is the best option locally and supports the delivery of local and national priorities.

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Baroness Kramer Portrait Baroness Kramer
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Perhaps I might write to the noble Lord, Lord McKenzie, on that issue because I think that I am getting myself caught up in circles, which is not an appropriate way to give him the answers that he needs.

Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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I am full of admiration for the way that my noble friend is dealing with this, having had to come to terms with it at such short notice. Perhaps I could be included in the letter.

Infrastructure Bill [HL]

Debate between Baroness Kramer and Lord Jenkin of Roding
Tuesday 8th July 2014

(10 years, 4 months ago)

Grand Committee
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Baroness Kramer Portrait Baroness Kramer
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I should point out to the noble Lord, Lord Berkeley, that it is the Passengers’ Council today; that is its legal name. If we were to include a different name in the legislation now, it would not be clear to anybody which group of people it applied to. We are identifying the organisation. It might be appropriate for that organisation to make changes to either its name or its trading name to meet the new set of responsibilities that it will have. However, if I were to put in some other name today it would not be clear that it applied to the Passengers’ Council, a body for which everybody in your Lordships’ House has great respect.

Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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Would it be open to the body to change its own name for popular use? I cite the example of the body that I set up when I was Environment Secretary and which is now known as English Heritage. It had some very dreary bureaucratic name—the National Council for Historic Sites and Buildings—and I appointed the noble Lord, Lord Montagu of Beaulieu, as its first chairman. At his first meeting he agreed with the entire council that the name should be changed to English Heritage. That has been a huge success as it describes precisely what that body does. I have always been enormously grateful to him because he really got that body off the ground and made it a popular institution that attracts the loyalty of many millions of people. Would the Passengers’ Council be entitled to do the same thing?

Baroness Kramer Portrait Baroness Kramer
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The noble Lord, Lord Jenkin of Roding, is exactly right. Passengers’ Council is the legal name of this body. It could be changed in secondary legislation but, as I said, it uses a trading name and calls itself Passenger Focus in the work that it does with the rail industry. It is perfectly able to choose what it considers an appropriate name. I have enormous respect for the Passengers’ Council, and for it to use its correct legal name. I am comfortable leaving it to decide on the appropriate trading name to use. I suggest that we communicate to the Passengers’ Council the various names that have been suggested today, but it seems to me that the council is best positioned to test the matter with various people to discover what the public think most clearly expresses the role that it wants to carry out, rather than for the Committee to come up with an appropriate trading name. Our skill, after all, is legislation. The noble Lord, Lord Jenkin, provided an excellent example of a body understanding its role and coming up with a name that resonated strongly with the public by accurately describing its activities.

Infrastructure Bill [HL]

Debate between Baroness Kramer and Lord Jenkin of Roding
Thursday 3rd July 2014

(10 years, 4 months ago)

Grand Committee
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Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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Yes, manufacturing, so I may have missed this. The trouble as one gets older is that one forgets things, the most recent things in particular. As I confessed at Second Reading, I am not an expert on road legislation. I make that absolutely clear. I am a fairly regular road user, but that is about as far as it goes. None the less, I have tried to understand the structure of what is going to be set up here. I made my view clear at Second Reading that I thought this arm’s-length body would be an improvement on the Highways Agency, for reasons which I briefly mentioned and which my noble friend, the Minister, has spelt out on several occasions.

However, I am not entirely clear about the relationship between the Secretary of State and the highways company. I am told that there has been no mention, during any of the debates, of what is described in the document published last month by the department, Transforming our Strategic Roads—A Summary. On page 9, there is a very interesting chart which sets out the pattern of what is intended. It refers to a framework document which:

“Defines agreed roles, responsibilities, governance and working arrangements between the SHC and government”.

I listened very carefully to what my noble friend the Minister said in her reply to the noble Lord, Lord Whitty, and I do not think that she mentioned the framework document. Is this something that has been published, or will be published? What form will it take? What statutory authority will it have? I understand completely the articles of association. Indeed, every limited liability company has articles of association; it also has a memorandum of association, which is normally the document where you set out the objectives of what the company is being set up for.

I quite understand that in this case the objectives are going to be transferred by the Secretary of State to the company by various transfer instruments and, probably, secondary legislation. But what is the framework document? It plays quite an important part in the chart here, and I am not entirely clear how it is going to be produced, what status it will have and what parliamentary accountability there will be for it. I would be most grateful if my noble friend could enlighten me. I hope she will forgive me if it is pure ignorance and everybody else knows but I do not, but if she would be kind enough to explain it to the Committee, I would be extremely grateful.

Baroness Kramer Portrait Baroness Kramer
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I thank the noble Lord, Lord Jenkin, for that addition to the discussion. What was published last month is the outline for the framework document. The document itself is not yet a finished article but the framework is here, which gives some clarity on exactly how it will function. Looking at it, I think it will be impossible to have a final framework document until we have a final Bill, since what it does is capture the relationship that the Bill will establish once it is an Act.

The outline goes a long way to making that clear. It says that the framework document will state in broad terms the aims and objectives that the Secretary of State will expect the SHC to achieve. It will set out the SHC’s legal status and administrative classification. It will list its responsibilities and accountabilities, such as,

“enshrining Managing Public Money and other relevant government guidance”.

It will list the responsibilities for senior roles in the company. It will provide for business planning, performance and monitoring, budgeting procedures, annual reports, and accounts. I could go on but it might be easier to provide any of your Lordships who did not pick this up at one of the earlier gatherings with a copy of the document itself. It will go a long way to clarifying exactly how all the pieces fall together. The document that the noble Lord, Lord Jenkin, has in his hand is meant to try to show how the different pieces and documents all relate to each other. I fully accept that it takes more than a moment to sit down and work out how the various interrelationships work.

However, given that it is only the noble Lord who has raised this issue now, I would say that there is some comfort that the bits do actually fit together, which of course is essential for the successful functioning of the company.

Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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I am grateful to my noble friend for that reply. I will read very carefully what she has said in Hansard and perhaps try to get hold of the other documents she has mentioned, but it certainly would be very helpful if that document could be circulated. I do not know whether other Members of the Committee have seen it. I see heads being shaken so I am not sure that my noble friend is right when she says that, because nobody else has raised the point, everybody else is completely happy. If that is so, it would be a remarkable example of unanimity but, honestly, I do not think that is so. I think we will need to follow this up.

My noble friend says that this will be implemented after the Bill becomes law; that is, after it has been given Royal Assent and is an Act, in which case, of course, we cannot amend it, except by new legislation. What I need to get clear in my mind is the relationship of these various documents, which are obviously absolutely key to the working of the highways company.

Baroness Kramer Portrait Baroness Kramer
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If your Lordships want to look at the document more immediately, it is attached to the Bill on the DfT website. That would be an immediate way to get hold of the document, if we cannot get a printed version of it into your hands at the moment.

Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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My Lords, I have just retired as president of the Parliamentary and Scientific Committee. At an annual general meeting about three years ago, when we dealt with substantial amendments to our rules, I have to tell you that the officer of the committee who was responsible for preparing the documents got into the most terrible trouble when it was said, “Oh, yes, they are all on the web, and everyone must look at it there”.

The fact of the matter is that one does not look for things there. When the Bill is going through the House, one expects to have the documents available in the Printed Paper Office. There was a reference to a document in the letter that my noble friend wrote to me following Second Reading, and I asked the Library to look it up and print it out. I now have that, which is perfectly acceptable—I get very good service from the Library. However, if I may say so with the greatest respect to my noble friend, for the Minister to say that we all ought to have it because it is on the website is not an answer. I regularly use my computer for many hours each day and use the internet and so on, but I really cannot be expected to search through the Department for Transport’s website in case there is another document that I have not come across.

Baroness Kramer Portrait Baroness Kramer
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Let me just make a final response to that. There was a WMS when the documents were published, so I hope that some people have had the opportunity to find it.

Baroness Kramer Portrait Baroness Kramer
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There was a Written Ministerial Statement when the documents were published, so I hope that some people have found them through that route.

Let me just provide slightly more detail. We intend to share draft documents such as the framework document later in the autumn, so as the Bill progresses we will be publishing them in draft form. The point that I was making is that you cannot go to final form until you know absolutely everything. It would be presumptuous for us to go to final form before the Bill had been concluded.

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Baroness Kramer Portrait Baroness Kramer
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I am very happy to attempt to respond to the noble Lord, Lord Jenkin, on this point. To try to work out whether we could do a consolidation Act is above my pay grade. However, what he says brings to mind two issues. First, there is the importance of putting the detail in the licence. Having spent part of my life in business, I know that having a clear operating document with all the essentials in it is a terribly effective way to ensure that you are doing what you need to do. When I look at the level of detail in the draft licence—for example, on the relationship between local authorities and devolved Administrations and the need to take account of local needs, priorities and plans in planning operations and maintenance, et cetera—the licence is a very important document in that whole process. The comments of the noble Lord, Lord Jenkin, underscore the importance of using that document rather than necessarily finding every opportunity to put items in the Bill.

In this case it is essential that we get on with this. It is important that we start to get certainty around the future of investment in infrastructure so that project after project can begin to take place without the stop-start pattern that we have all described. Therefore, while there may be goals for overarching legislation such as consolidation, I hope very much that we will not attempt to interrupt the progress of the Bill and the benefits that it offers. There may be opportunities for such efficiencies in the future, but this is something that can begin to impact what happens on the ground early next year, if we carry it through to its completion.

Lord Jenkin of Roding Portrait Lord Jenkin of Roding
- Hansard - - - Excerpts

My Lords, I entirely accept my noble friend’s explanation on this. It obviously very much depends on the licence, and we shall have to see how it comes out in the end. On that basis, I am most grateful for what she has said.

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Baroness Kramer Portrait Baroness Kramer
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I do not want this point to go unchallenged. I say to the noble Lord that I think the industry has heard absolutely correctly, but nobody I know in the industry believes that a Parliament can bind every future Parliament from thereon out and totally remove its democratic right. It would be inappropriate to attempt to do that and, frankly, I do not think it could be done, so it is absolutely crucial that we recognise that the Secretary of State can make a variance. It is not the intention of this Government that they will vary the RIS that they put forward, but I do not see that they can completely bind a future Parliament 100%. That is why the mechanism in place is to set a very transparent course—one could say an obstacle course—for any change or variance, so that it in no way would be done lightly. Perhaps no Government would do it lightly but it would be done with consultation and engagement, and with various steps in place. Industry has widely recognised that that provides it with a very substantial degree of certainty—enough to have the kind of positive responses to which the noble Lord, Lord Jenkin, referred.

Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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Perhaps I might add to that before the noble Lord, Lord Whitty, resumes. I have in front of me the British Chambers of Commerce brief. I want to read only one sentence from it. It says that,

“the transformation of the Highways Agency into a more flexible body, with five-year investment programmes”,

should offer,

“more certainty to business on key road projects”.

It is not expecting to have complete certainty and for this to be totally fixed over a period because it recognises the reality, as my noble friend has just said, that to some extent it has to reflect what is happening in the rest of the economy. What it welcomes is what it sees as the opportunity of much more certainty than we have had in the past.

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Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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I would like to put a question to the noble Lord, Lord Davies of Oldham, about his amendment. I believe I am right in saying that local authorities already have a very effective system for regularly analysing the state of local roads, the investment that needs to be made to bring them up to standard and what it will cost, called the ALARM system. What is wrong with that? If they have that already, why write something more into the Bill? I merely ask the question. Maybe the noble Lord can answer when he winds up at the end of the debate, and perhaps my noble friend might like to comment on that in the course of her reply.

I understand, of course, that different parts of the road structure will have an impact on each other. I would have thought that would be covered by the duties of consulting that my noble friend referred to in relation to earlier amendments. This will be an integral part of the operation of the strategic highways company. There is already a very good system, as I understand it. One sees headlines in the newspapers every year about the state of local roads and what needs to be spent to bring them up to standard. If there is a headline word that has entered into the public consciousness, it is “potholes”.

Baroness Kramer Portrait Baroness Kramer
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My Lords, through these amendments, the noble Lord, Lord Davies, and others seek to ensure that the impact of the road investment strategy on the various local road networks and other transport infrastructure is considered. This is an important argument, and I need to be clear that, through the licence, we are requiring the strategic highways company to have an asset management strategy. Understanding the condition of its assets is absolutely key to this.

The condition and performance of the local road network are, as the noble Lord, Lord Jenkin, clearly outlined, matters for the local highway authority. Frankly, we would not wish to include in the Bill a requirement to survey the condition of local roads, because its focus is the strategic road network. We are not anxious to usurp authorities’ powers. I share the assessment of the noble Lord, Lord Jenkin, that the tasks are currently well carried out by local authorities, which, I suspect, would not want to surrender a lot of resources and have the task taken over by a centralised body.

That said, we want this new company to co-operate with its partner road networks. The route strategies, with which I think many of your Lordships will be familiar, are a key source of information in developing the road investment strategy. They provide local authorities and, by extension, local highway authorities with a mechanism to work with the new company and thus ensure that the impact on the local road networks of interventions on the strategic road network is considered. We think that that will be an extremely effective mechanism and it is well provided for in the legislation as it stands.

In addition, as part of the changes elsewhere in the Bill, the company will, as I have said before, become a traffic authority. That is new and means that it will be subject to the network management duty—a legal obligation on all local traffic authorities to ensure, among other things, that traffic flows smoothly from one jurisdiction to another. At present, the Highways Agency is not subject to this requirement, so this will be a new guarantee of co-operation.

I could start to list the kind of support that we are offering for local roads but, setting aside our significant financial contribution, I also want to make it clear that we are supporting efforts by local authorities to share knowledge and best practice under the highways maintenance efficiency programme, as well as encouraging co-operation and common procurement. There is therefore a gathering momentum to achieve much more co-operation and partnership working, which will continue under the new arrangements.

I talked earlier about aligning road and rail investment strategies, so I will not repeat that. Instead, I shall use this occasion to underscore how much we recognise that there is significant value in Network Rail and the new strategic highways company working together on the kinds of issues that your Lordships have listed. However, we do not think that you need a legislative mechanism to try to prescribe how those two companies should work together. We would find it extraordinary if they chose not to, and I doubt that the Secretary of State would permit them to ignore each other in that way.

It is entirely appropriate that the road investment strategy and the new company’s response to it will have due regard to the national network’s national policy statement—that is a mouthful. However, it would not be appropriate to create a formal link between what is a planning document and what is, in effect, a funding and investment plan. The two documents align but there is not a hierarchy between them.

On that basis, looking through the details of the amendments, we think that the underlying issues that are of concern to your Lordships are already addressed. Therefore, we feel that the amendments are not needed and we hope very much that the noble Lord will feel comfortable in withdrawing the one he has moved.

Railways: High Speed 2

Debate between Baroness Kramer and Lord Jenkin of Roding
Monday 24th March 2014

(10 years, 8 months ago)

Lords Chamber
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Baroness Kramer Portrait Baroness Kramer
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We absolutely agree that we are looking at a new era. It is frankly inspiring to meet the city leaders, businesses and other stakeholders of the great cities of the north and the Midlands, who are coming together to create a sort of common strategy for maximising the benefits of HS2 by building interconnectivity between them. That is absolutely crucial. My noble friend may be hinting at a rolling stock issue in the north. That is an immediate problem that the department has said that it will find a way to resolve no matter what, but it has not yet found an absolute answer.

Parliamentary procedure is a matter for the two Houses. I am sure, though, that with the good will of Members of both Houses, we can encourage the process to move according to the speediest possible timetable. It is important that people who are petitioning are properly heard and listened to; I would not want to cut short the opportunity for that proper interface.

On fares policy, we have said that this will not be a premium service. There will be many ways to link Euston and St Pancras. They have to be looked at. Travelators have been mentioned; there is one stop on the Northern line.

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Baroness Kramer Portrait Baroness Kramer
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Many of the cities in the north and the Midlands accept that the link as it was designed did not fit the purpose that they saw for it. It simply was not adequate in the role that it played. We will be looking at many more trains going to many more destinations out of Kings Cross and St Pancras. There has to be a much better way to create a link between HS1 and HS2. That will be a major study. It is a piece of work and it needs to be of the standard that a high-speed intercontinental link deserves.

In the short term, we will need a way to get between Euston and St Pancras. As I say, that will be looked at. The distance, as other people have said, is very limited; I walked between the two in four minutes yesterday. However, it will be important to make sure that that is an efficient and effective link and not a matter of trundling down the street.

Lord Jenkin of Roding Portrait Lord Jenkin of Roding
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My Lords, on this question of the HS1/HS2 link, there could be an additional dimension. I have had discussions with Sir Howard Davies who, with his commission, is currently looking at whether a Thames estuary airport could be a realistic addition to the shortlist of options that will be given to the Government after the next election. If, indeed, it becomes a realistic option—which is not impossible at all—then the question of a link from the north will become absolutely vital. People must have a way of travelling down on the HS2 and going on the HS1, with a link to the airport at the Isle of Grain if that is the one which is approved. That would be almost more important than a direct rail link to the continent.

Baroness Kramer Portrait Baroness Kramer
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My Lords, none of us is attempting to second-guess what the conclusions of the Davies report will be, or the conclusions of the Government of the day that will make the final decision. At that time it will be appropriate to take a look and work out how links can be created if they will be relevant to whatever the major airport will be for the south-east, and to the high-speed line. However, to attempt to do so at this point would delay HS2, which we want to get into the ground by 2017 to deliver the benefits which we all discussed earlier. That is absolutely crucial.

Railways: Line Resilience

Debate between Baroness Kramer and Lord Jenkin of Roding
Monday 10th March 2014

(10 years, 8 months ago)

Lords Chamber
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Baroness Kramer Portrait Baroness Kramer
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This is the Tonbridge to Hastings route, which was closed because of a landslip. My understanding is that the reopening is delayed due to ground movement. We very much hope that the line will open again shortly but if there are issues—and I understand from the noble Lord that there are—will he pass them to my department and we will make sure that that they are passed on to the appropriate institutions for proper answer?

Lord Jenkin of Roding Portrait Lord Jenkin of Roding (Con)
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I draw my noble friend’s attention to the excellent report produced by the Department of Energy and Climate Change on the severe weather over Christmas 2013. This indicates that a great deal can and has been done but one needs to know about it and find out what it all is. Would not a report of that kind, produced by my noble friend’s department, be extremely valuable?

Baroness Kramer Portrait Baroness Kramer
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I assure your Lordships that there is constant monitoring, and a cross-departmental ministerial recovery group now meets weekly to discuss flooding issues. We take it in turns within my department to attend that meeting and make sure that the process is ongoing. It is also accurate to say that responsibilities have been divided up among a number of us to make sure that monitoring is effective; my responsibility will be as the ministerial representative for flood recovery for Gloucestershire and Worcestershire. Similarly, others have regional responsibilities and I will make sure that we report back as we get information through that process.