High Speed Rail (West Midlands–Crewe) Bill

Baroness Young of Old Scone Excerpts

Tuesday 8th December 2020 Lords Chamber

Overall, Amendment 10 is stricter, clearer and— I think—more likely to be accepted by the general public, who do actually worry about bats, nesting birds and insects. And they do worry about the impact dust, debris and general construction mess has on their immediate environment and on ancient woodlands. I beg to move.

[Baroness Young of Old Scone (Lab) [V]]

My Lords, I will speak on both Amendments 10, in the name of the noble Baroness, Lady Jones of Moulsecoomb, and 13 in my name. They both reflect on the need for better reporting from the HS2 project on its impact on ancient woodlands. I give my apologies to the noble Baroness, Lady Jones of Moulsecoomb, for leaving her holding the baby of her amendment, but she has done a grand job of that.

On my Amendment 13, an annual report on ancient woodland impacts, published by the HS2 undertaker, would enable Parliament and interested parties to see clearly the actual impact on ancient woodlands, and it would allow comparisons with the estimations of ancient woodland damage that had been indicated by the undertaker at the time of the publication of the Bill or in any additional planning applications. It has frequently been difficult to extract such information from the undertaker, and what happens on the ground is sometimes very different from what was indicated at the outset. The report would enable learning to take place and be recorded. That would help reduce the damage to ancient woodlands across successive works. Also, it has the value that it covers all phases of HS2.

This amendment also provides for the Secretary of State to be able to require such other information as he may specify. I urge the Minister to explain how such reporting would operate and what requirements would be laid upon the undertaker to strengthen that reporting duty as outlined in Amendment 13. The noble Baroness, Lady Jones, has already done a good job on outlining what improvements need to be made, and I am asking for those assurances to be given by the Minister to ensure that the more modest amendment I am putting forward would, in fact, deliver the same impact as the original one.

I want to seek assurances from the Minister on four things. Firstly, I seek that the reports will be provided to the HS2 ecology review group for consideration so it can properly assess their findings, since it is the expert group supporting this work. Secondly, I seek that the reports would, as the noble Baroness, Lady Jones, has said, consider both direct and indirect impacts, covering noise, dust, vibration, hydrological impacts and soil contamination. These can have a major impact on the biodiversity of ancient woodlands and the viability of ancient woods. Thirdly, I seek that the reports would be specifically required to outline how variations in delivery are different from any original published intentions. Fourthly, I want to seek assurances that the Government will respond formally to issues raised in each report and indicate what changes to future practice would be required from the undertaker. Several of these assurances are laid out in Amendment 10 and have been well put by the noble Baroness, Lady Jones.

I do intend to move my Amendment 13 when it is called in its place, but, ideally, the Minister will accept my amendment as she has indicated today, by email, that she will. I hope she can also give the further assurances I have just sought, because that would make the reporting duty meet the requirements more effectively, as well as the requirements the noble Baroness, Lady Jones, and I have sought.

I have observed that over the past 18 months the Minister has been on a kind of journey towards greater understanding of ancient woodland. Indeed, I detect almost a growing feeling on her part for ancient woodland and its importance. I am confident that we will pervert her yet. However, for the moment, I thank her and her team, and the HS2 Minister, Andrew Stephenson, for rolling up their sleeves on this particular issue. I hope that she will accept my amendment and give me the assurances that I am seeking.

[Lord Haselhurst (Con) [V]]

My Lords, I have to say that I was thinking more of the amendment from the noble Baroness, Lady Jones, than the softer one, if I may say that—not in any derogatory sense—tabled by the noble Baroness, Lady Young. I am entirely in favour of trees and would not want anything that I say to leave your Lordships to think otherwise.

Wanton destruction of ancient woodland or, for that matter, indirect damage to it is a deplorable prospect. However, ancient trees and forests, by definition, have grown without any expectation that they would find themselves in the way of such things as road or rail and ought not to be a permanent block on modern need. We should respect antiquity but not become prisoners of the past. It is inevitable that a high-speed railway needs to be laid straight, which makes it very difficult to plan a course for it that avoids unfortunate clashes. It is therefore a matter of trying to strike the right balance between modern and future needs and what has been gifted to us from the past.

My impression of HS2 is derived largely from close sight of its representatives during the proceedings of the Select Committee. I certainly did not find them to be unaccommodating of many of the arguments put forward in criticism, or qualified criticism, of the project. However, HS2 has to be warned—I hope that it has learnt something from what it came up against during phase 1—and watched over.

HS2 has been reasonably generous regarding the number of trees that it is prepared to plant to counter- balance those that may be lost. As regards the concerns about the indirect effect on trees, as described, expert opinion varies. Some of those trees and the wildlife that frequents them are more resilient than perhaps everyone would believe. It is possible to see this argument against the background that we have become an increasingly tree-loving nation. The Government have provided encouragingly large funds for the spread of trees throughout the country. Newspaper campaigns have been run to encourage everyone, particularly young people at school, to have regard for this aspect of the environment. Even Network Rail has a programme of tree planting, although it may well be closer to urban areas—nothing wrong with that—than going through rural Staffordshire or rural Cheshire. So, I think we can be encouraged by the fact that it is not going to be an easy ride for HS2 and its contractors simply to do what they want: the public are watching them, as, indeed, Parliament should.

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Moved by

[Baroness Young of Old Scone]

13: After Clause 58, insert the following new Clause—
“Ancient woodland
(1) The nominated undertaker must prepare and publish annual reports about the impact of the construction of each Phase of High Speed 2 on ancient woodland.(2) A report must contain— (a) information about the impact on ancient woodland of the construction of each Phase of High Speed 2 during the period to which the report relates;(b) such other information as may be specified by the Secretary of State.(3) The first report must be published before the end of the period of one year beginning with the day on which this Act comes into force. (4) Subsequent reports must be published before the end of the period of one year beginning with the day on which the previous report was published.(5) A report is not required in relation to a Phase of High Speed 2 in respect of a period during which no construction works take place for that Phase.(6) The nominated undertaker must publish reports under this section in such manner as the nominated undertaker considers appropriate.(7) In this section “Phase of High Speed 2” means—(a) Phase One of High Speed 2 (within the meaning of section 1 of the High Speed Rail (London - West Midlands) Act 2017);(b) Phase 2a of High Speed 2;(c) any other railway line which forms part of the high speed railway transport network referred to in section 1 of the High Speed Rail (Preparation) Act 2013.”Member’s explanatory statement
This new Clause would require the nominated undertaker to prepare and publish annual reports about the impact of the construction of each phase of High Speed 2 on ancient woodland.