High Speed Rail (London – West Midlands) Bill

Baroness Laing of Elderslie Excerpts

Wednesday 23rd March 2016 Commons Chamber

[The Minister of State, Department for Transport (Mr Robert Goodwill)]

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

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 1—Reimbursement of local authorities for expenses and lost business rate revenue resulting from HS2—

‘(1) The Secretary of State for Communities and Local Government and the Secretary of State for Transport shall conduct an assessment of costs incurred by local authorities that arise directly and indirectly from the construction and future operation of HS2, including staff costs, and shall ensure that such additional funding as is required to reimburse local authorities for those costs is made available.

(2) To the extent that such additional funding is not made available through service level agreements, the Secretary of State for Transport shall make the additional funding available through other means of local authority funding within six months of the end of the relevant financial year.

(3) The Secretary of State for Communities and Local Government shall appoint an independent auditor to assess the extent of any shortfall in local authority revenue attributable to closure of or movement of businesses and consequential diminution in business rates.

(4) The Secretary of State for Transport shall establish a mechanism whereby any such shortfall shall be made good within six months of the end of the relevant financial year.’

This new clause is intended to give statutory enforceability to the Department for Transport’s intention to reimburse local authorities for costs consequential on the construction of HS2, and to ensure that there is compensation for lost business rate revenue.

New clause 2—Reimbursement of local authorities for damage to highways resulting from HS2 construction—

‘The Secretary of State for Communities and Local Government and the Secretary of State for Transport shall conduct six-monthly assessments of the amounts required to repair and make good highways in each county following construction of HS2 Phase One, and shall ensure that such additional funding as is required to meet those amounts is made available to local authorities.’

This new clause is intended to give statutory enforceability to the Department for Transport’s intention to reimburse local authorities for highways repair costs consequential on the construction of HS2.

New clause 3—Amount of funds allocated to the Business and Local Economy Fund and Community and Environments Fund—

‘The Secretary of State for Transport shall allocate a sum of £150,000,000 to the funds established to support business and local economy and community and environment initiatives to mitigate and address the effects of HS2 construction.’

This new clause is intended to increase the amounts allocated by the Department for Transport to the Business and Local Economy Fund and the Community and Environment Fund from £30m to £150m.

New clause 4—Compensation procedures—

‘(1) The Secretary of State for Transport shall ensure that included within contested valuation procedures for claimants under statutory or discretionary HS2 compensation schemes are processes for valuation by a valuer with knowledge of local markets.

(2) The Secretary of State shall ensure that all compensation applications are acknowledged within a period of two weeks and responded to substantively within a period of ten weeks, failing which the application will be deemed accepted.’

This new clause is intended to insert procedures for valuation by local valuers in disputed compensation cases, and to seek to ensure timely responses to compensation applications.

New clause 20—Public Sector Operators—

‘(1) Section 25 of the Railways Act 1993 (c. 43) (public-sector operators not to be franchisees) does not apply in relation to the franchisee in respect of a franchise agreement—

(a) which relates wholly or mainly to the provision of one or more Phase One of High Speed 2 passenger services, or

(b) which relates wholly or mainly to the provision of one or more other services for the carriage of passengers by railway where—

(i) the services run wholly or partly on the route of Phase One of High Speed 2, and

(ii) the services are likely to be subject to substantial disruption because of the construction of Phase One of High Speed 2.

(2) The following may in particular be taken into account in determining whether, for the purposes of subsection (1)(b), services are likely to be subject to substantial disruption—

(a) the frequency with which the services are likely to be disrupted,

(b) the duration of the period in which the services are likely to be disrupted (and, in particular, its duration relative to the length of the franchise term),

(c) the severity of any likely disruption.

(3) In this section—

“franchisee”, “franchise agreement” and “franchise term” have the meanings given by section 23 of the Railways Act 1993 (designated passenger services to be provided under franchise agreements).’

New clause 21—Financial Reports—

‘(1) The Secretary of State must prepare a report on expenditure under this Act in relation to each financial year.

(2) Each report must contain details of—

(a) expenditure incurred during the financial year to which the report relates (with capital and resource expenditure specified separately in relation to construction and other activity under this Act and in respect of each head of expenditure referred to in section 1(4)(a) to (c) of the High Speed Rail (Preparation) Act 2013);

(b) the extent to which expenditure incurred during that year represents an overspend or underspend as against the budget for such expenditure for the year;

(c) the likely effect of any such overspend or underspend on a total budget of £55.7 billion in 2015 prices (which includes construction and the cost of rolling stock);

(d) total expenditure incurred under section 67 up to the end of that year;

(e) sums or assets received in that year in connection with expenditure incurred under this Act, including in relation to section 48.

(3) In this section, “financial year” means—

(a) the period beginning with the day on which this Act is passed and ending;

(b) each subsequent period of 12 months.

(4) The Secretary of State must lay each report under this section before Parliament as soon as is reasonably practicable after the end of the financial year to which it relates.’

New clause 26—Protection of business continuity by extended notice of entry in the case of vulnerable businesses—

‘(1) If an operator of a business or undertaking believes that the business or undertaking’s continued operation or profitability would be vulnerable if inadequate notice is received of the planned exercise of powers under sections 4, 5, 6, 12 or 15 of this Act and the associated schedules, the operator may notify the Secretary of State of this belief.

(2) For the purposes of subsection (1), “inadequate notice” means a period of notice that would not provide a reasonable amount of time for the business or undertaking to relocate to a new premises and refit that premises to a reasonable standard before the exercise of the powers.

(3) Upon receipt of such notification, the Secretary of State must facilitate a dialogue with the operator in relation to timing and funding of business relocation, and required notice periods, and shall consider the reasons for the operator’s belief.

(4) Unless the dialogue provides a satisfactory resolution within three months of initial notification—

(a) a 12-month minimum notice period shall apply for the exercise of powers mentioned in subsection (1) in relation to the relevant business or undertaking; and

(b) the early compensation payable to the operator shall be 100%, not 90%, of the estimated relocation costs, and such compensation shall be payable in full, nine months before the anticipated relocation date notified by the operator.”

New clause 27—Report on classification of HS2 as England-only project—

‘Within 3 months of this Act receiving Royal Assent, the Secretary of State must lay before both Houses of Parliament a report on—

(a) the classification of HS2 as an England-only project for the purposes of Treasury expenditure, and

(b) how much extra money Wales would receive in terms of Barnett consequential money as a result of such classification.’

This new clause would require the Secretary of State to produce a report on reclassifying HS2 as an England-only project for the purposes of calculating Treasury expenditure through the Barnett Formula and how much more money Wales would have received as a result.

New clause 30—Community detriment fund—

‘(1) The Secretary of State must establish a community detriment fund.

(2) The community detriment fund will provide an additional source of funding to communities, supplemental to that available through the community and environment fund.

(3) The community detriment fund will be available to address adverse impacts of HS2 construction on communities, including but not limited to impaired accessibility, diminution in availability of community amenities, and physical effects of construction.

(4) A principal objective of the fund will be to remove the need for formal compensation claims and to provide an expedited means of claiming funding for detriment.

(5) The fund will be available only to address adverse effects on communities, not impacts on individual households, businesses or undertakings.

(6) Among the measures that may be considered as available for funding to address detriment shall be transport facilities such as shuttle services.’

New clause 32—Review of fairness of rural support zone compensation—

‘The Secretary of State must conduct a review of the reasons for situating the boundary of the Rural Support Zone in west London which shall be laid before both House of Parliament within three months of this Bill receiving Royal Assent.’

New clause 33—Compensation—

‘(1) Within three months of this Bill receiving Royal Assent, the Secretary of State shall lay before both Houses of Parliament a report responding to a review of compensation applicable to those affected by HS2 Phases One and Two which shall by then have reported in accordance with directions already issued.

(2) The review shall consider the following—

(a) whether a compensation framework based on a property bond system could be an equally or more effective means of compensating those affected by blight from HS2 construction and operation while maintaining a functioning property market, having due regard to demands on public expenditure and investment;

(b) whether the current rateable value limit for compensation and blight claims by owner-occupiers of business premises should be abolished or amended;

(c) whether loss payment ceilings are fair and appropriate;

(d) whether a higher proportion of advance compensation for relocation than the current 90% should be payable in certain instances;

(e) whether the time limits for claiming compensation where no land is taken should be re-evaluated;

(f) the position of those affected by blight caused by HS2 whose property is subject to mortgage and who may find themselves unable to remortgage or in a position of negative equity as a result of such blight;

(g) whether those considering a claim for compensation should receive advance payment of fees for professional advice.’

Amendment 15, in clause 48, page 18, line 8, after “considers” insert

“having regard to the relevant development plan,”.

[Mr Goodwill]

I must confess that I feel like a queue-jumper, because I added my name and the Government’s support to new clause 19 and amendment 15 only last night. I will be brief, because I know that the hon. Member for Middlesbrough (Andy McDonald) will want to expand on them and to explain why his case was so convincing and compelling. It is another example of how our new railway will be delivered not only on a cross-party basis in this House, but with the support of the great cities of the midlands and the north.

I welcome new clause 19 on vocational qualifications. I strongly believe in the importance of ensuring that we utilise the opportunities that HS2 will create for skills and jobs, which is why we have invested in the National College for High Speed Rail. New clause 19 will further bolster the importance of delivering skills as part of the development of HS2. As such, the Government support it becoming part of the Bill.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I trust that hon. Members will now be very brief, because we have only 15 minutes left for this part of the debate.

[Mr Grieve]

Thank you, Madam Deputy Speaker; I shall be brief.

It is a pleasure to follow the hon. Member for Liverpool, Riverside (Mrs Ellman). I am mindful of the fact that, in promoting this scheme, the Government can make a powerful and perfectly rational case. Indeed, the hon. Lady highlighted some of the points that have been raised. The difficulty that I have, as a constituency MP directly affected by the scheme, is that throughout the whole process of engagement between HS2 and my constituents, HS2’s behaviour towards my constituents has consistently been wanting, both in sensitivity and in its levels of engagement. I have to say that the way in which HS2’s management has dealt with perfectly reasonable objections from people who are very anxious about the future of their communities has led me to be deeply anxious about how this will actually work out in practice.

My right hon. Friend the Member for Chesham and Amersham (Mrs Gillan), in presenting this batch of amendments, has highlighted some key areas where the Government, by providing some greater reassurance, could go a considerable way towards not satisfying everybody—inevitably some people will remain dissatisfied with the proposals—but providing them with reassurance that some of their worst fears about how this will pan out in practice are misplaced. For example, there has been considerable concern about the way in which compensation is calculated. There have been arguments about failure to take account of local features.

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[Andy Slaughter (Hammersmith) (Lab)]

My hon. Friend is doing a brilliant job of representing her constituents, as she always does. Does she agree—I think this is the purpose of her new clauses—that it is often the businesses in urban areas that are the most fragile and therefore the worst affected, but the levels of compensation and concern shown to them is the worst on offer—[Interruption.]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. We do not have time for long interventions.

[Dr Huq]

My hon. Friend puts it very well. He anticipates my new clause 32, which is about the fairness of the rural support zone. I know the constituency of the right hon. Member for Chesham and Amersham (Mrs Gillan) well, because she and I were on the same ballot paper in 2005. She represents a rural constituency, but the urban and suburban constituencies, such as mine and that of my hon. Friend the Member for Hammersmith (Andy Slaughter), are not treated the same as rural support zones. I believe that needs to be looked at.

One house in my constituency has a zero valuation—you could not make this up. Someone wanted to re-mortgage a house in Wells House Road, and the mortgage valuer came up with zero. That would not happen elsewhere. For the sake of fairness, that should be looked at. There seems to be a wrong assumption—[Interruption.] Madam Deputy Speaker, I am aware that there is about to be a vote, so I will say my last sentence. We should not accept that suburban or urban dwellers should simply put up with it. I urge Members to support my two new clauses.

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[Mrs Gillan]

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

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 7—Obligation to plant trees—

“(1) The nominated undertaker must publish plans to plant the Referenced Trees within the Construction Period and make arrangements for their maintenance for a period of 10 years from the commencement of services on Phase 1 of HS2.

(2) The nominated undertaker must provide an annual report to Parliament which shall specify—

(a) the progress made on planting of the Referenced Trees,

(b) the number and species of trees planted since the publication of the previous report,

(c) the position of the trees, groups of trees or woodlands, as the case may be, by reference to a map,

(d) the adequacy of arrangements to manage Referenced Trees which have been planted previously.

(3) In subsections (1) and (2) “Referenced Trees” shall mean the trees planted to meet the commitment of two million additional trees to be situated adjacent to Phase 1 of HS2 as set out in the environmental statement referenced in Clause 66(4). In subsection (1) Construction Period shall mean the period between commencement of the Scheduled Works and the commencement of operational service on Phase One of High Speed 2.”

New clause 8—Office of the HS2 Adjudicator—

“(1) There is to be a body corporate known as the Office of the HS2 Adjudicator hereinafter referred to as “the Adjudicator”.

(2) Schedule [Adjudicator: status and funding] (which makes further provision about the Adjudicator) shall have effect.

(3) The Adjudicator has the functions conferred on it by or under any enactment.

(4) Those functions include—

(a) enforced functions

(b) inspection functions,

(c) information functions.

(5) The main objective of the Adjudicator in performing its functions is to protect the natural environment and communities impacted by the construction and operation of Phase 1 of High Speed 2.

(6) The Adjudicator is to perform its functions for the general purpose of securing—

(a) the minimisation of adverse impacts on communities and the natural environment situated in locations affected by the construction or operation of Phase 1 of HS2,

(b) the provision of additional mitigation measures in the event the environmental impacts of the operation of HS2 are worse than as set out in the environmental statement prepared in accordance with section 66(4).”

New clause 9—Matters to which the Adjudicator must have regard—

“(1) In performing its functions the Adjudicator must have regard to—

(a) the views expressed by or on behalf of the members of the public or organisations about the environmental impacts of constructing Phase One of HS2,

(b) the views expressed by people affected by the construction and operation of Phase One of HS2,

(c) the views expressed by local authorities about the impact of constructing and operating Phase One of HS2 in their areas,

(d) the need to protect the natural environment and minimise environmental impacts arising from the construction and operation of Phase One of HS2,

(e) the need to ensure that any action by the Adjudicator in relation to its areas of responsibility is proportionate to the risks against which it would afford safeguards and is targeted only where it is needed,

(f) any developments in approaches to monitoring and mitigating environmental impacts arising from the construction or operation of Phase One of HS2,

(g) best practice among persons performing functions comparable to those of the Adjudicator (including the principles under which regulatory action should be transparent, accountable and consistent).

(2) In performing its functions the Adjudicator must also have regard to such aspects of government policy as the Secretary of State may direct.”

New clause 10—Statement on stakeholder involvement—

“(1) The Adjudicator must publish a statement describing how it proposes to—

(a) discharge its oversight requirements to ensure environmental outcomes reflect the forecasts set out in the environmental statement referenced in section 66(4),

(b) promote engagement and discussion with the nominated undertaker and impacted communities concerning adequate levels of mitigation,

(c) ensure that proper regard is had to views expressed by non-government organisations and local authorities concerning the environmental impacts arising from the construction and operation of Phase One of High Speed 2,

(d) arrange for accurate regular reporting of environmental impacts arising from the construction of the scheduled works and operation of Phase One of High Speed 2.

(2) The Adjudicator may from time to time revise the statement and must publish any revised statement.

(3) Before publishing the statement (or any revised) statement the Adjudicator must consult such persons it considers appropriate.”

New clause 11—Compliance with requirements—

“(1) The Adjudicator will keep under review compliance by HS2 Ltd, the nominated undertaker and its contractors with the standards detailed in the environmental statement, Environmental Minimum Requirements and the Code of Construction Practice and the assurances and undertakings provided by the Secretary of State on HS2 and Information Papers prepared by HS2 Ltd (collectively the “environmental documents”).

(2) If it appears to the Adjudicator that any person has failed or is likely to fail to comply with any requirements for which he is responsible set out in the environmental documents relating to the construction or operation of Phase One of High Speed 2, the Adjudicator (hereinafter referred to in this section as the “relevant requirements”) may address to that person an enforcement notice.

(3) An enforcement notice comes into effect 36 hours after it is published on the website of the Adjudicator.

(4) The Adjudicator must also transmit an electronic version to HS2 Ltd, any nominated undertaker or contractor to the aforementioned, or local authority who has supplied to the Adjudicator an email address for this purpose.

(5) An enforcement notice must also be placed on a hard copy register maintained at such a location as the Adjudicator may determine.

(6) An enforcement notice is a notice in writing—

(a) specifying the matters which appears to the Adjudicator to constitute a failure to comply with the relevant requirements set out in the environmental documents, and

(b) prohibiting the recurrence or occurrence of those matters and requiring the person to whom it is addressed to carry out any specified works or take any steps which the Adjudicator considers necessary to ensure compliance with the relevant requirements detailed in the environmental documents.

(7) Where any person suffers loss or damage as a result of any matter specified in an enforcement notice, whether that loss or damage occurs before or after the service of the enforcement notice, he may recover damages for that loss or damage in a civil court from the person on whom the enforcement notice was served

(8) It shall be a defence to any claim under subsection (7) above to prove that the matters alleged to constitute non compliance have not occurred or that they do not constitute non compliance with the relevant requirements

(9) If any person fails to comply with the requirements of an enforcement notice he shall be guilty of an offence.

(10) A person guilty of an offence under this section shall be punishable on summary conviction by a fine not exceeding £20,000 and on conviction on indictment to a fine.

(11) It shall be a defence to any criminal proceedings under subsection (9) claim to prove that—

(a) the matters alleged to constitute non compliance have not occurred,

(b) that they do not constitute non compliance with the relevant requirements or that any required works or steps were not necessary to achieve compliance with the relevant requirements or

(c) that despite due diligence he was unaware of the provision of the notice.

(12) Where an offence under any provision of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.”

New clause 12—Inspections and studies—

“(1) The Adjudicator may for the purposes of its regulatory functions carry out inspections of—

(a) the carrying on of the Scheduled Works, or

(b) the operation of any train travelling on Phase One of HS2.

(2) The Adjudicator may undertake or promote comparative or other studies designed to enable it to make recommendations—

(a) for improving sustainability and effectiveness in any activity mentioned in subsection (3), or

(b) for improving the management of environmental outcomes arising from the operation of Phase One of HS2.

(3) Those activities are—

(a) the undertaking of construction activity by HS2 Ltd or a nominated undertaker,

(b) the making of arrangements by HS2 Ltd or a nominated undertaker for the purpose of environmental mitigation.

(4) The Adjudicator may also undertake or promote studies designed to enable it to prepare reports as to the impact of—

(a) the operation of any particular statutory provisions, or

(b) any directions or guidance given by a Minister of the Crown (whether pursuant to any such provisions or otherwise),

on economy, efficiency and effectiveness in an activity mentioned in subsection (3)(a) or (b).

(5) The Adjudicator must undertake or promote a study falling within subsection (2) or (4) if the Secretary of State so requests.

(6) The Adjudicator must publish—

(a) any recommendations made by it under subsection (2) and

(b) the result of any studies undertaken or promoted under that section.

(7) The Secretary of State may, after consulting the Adjudicator, by regulations make provisions as to the procedure to be followed in respect of the making of representatives to the Adjudicator before the publication under subsection (2) of any recommendations or the result of any studies.”

New clause 13—Power to require documents, information returns etc.—

“(1) The Adjudicator may require any person mentioned in subsection (2) to provide it with any information, documents, records or other items which the Adjudicator considers it necessary or expedient to have for the purposes of any of its regulatory functions.

(2) The persons are—

(a) HS2 Limited,

(b) a nominated undertaker,

(c) any contractor appointed by HS2 Limited or a nominated undertaker.

(3) The power in subsection (1) to require the provision of information, documents or records includes, in relation to information, documents or records kept by means of a computer, power to require the provision of the information, documents or records in legible form.

(4) The Adjudicator may require a nominated undertaker to make a return to the Adjudicator at such intervals as may be prescribed.

(5) Provision may be made in such requirements as to the contents of the return and the period in respect of which and date by which it is to be made.”

New clause 14—Information and advice—

“(1) The Adjudicator must keep the Secretary of State informed about the following matters—

(a) the environmental impact of constructing Phase 1 of HS2 and whether such impacts reflect the forecasts detailed in the Environmental Statement;

(b) the impact on communities and the natural environment arising from the construction and operation of HS2;

(c) the carrying on of regulated activities.

(2) The Adjudicator may at any time give the Secretary of State advice on anything connected with those matters.

(3) When requested to do so by the Secretary of State, the Adjudicator must give the Secretary of State such advice or information in connection with a matter mentioned in subsection (1) as may be specified in the request.”

New clause 15—Provision of copies of registers—

“(1) Subject to subsection (3), the Adjudicator must secure that copies of any register kept for the purposes of this Act are available at its offices for inspection at all reasonable times by any person.

(2) Subject to subsections (3) and (4), any person who asks the Adjudicator for a copy of, or an extract from, a register kept for the purposes of this Chapter is entitled to have one.

(3) Regulations may provide that subsections (1) and (2) do not apply—

(a) in such circumstances as may be prescribed, or

(b) to such parts of a register as may be prescribed.

(4) A fee determined by the Adjudicator is payable for the copy or extract except—

(a) in prescribed circumstances, or

(b) in any case where the Adjudicator considers it appropriate to provide the copy or extract free of charge.”

New clause 16—Speed and Noise Limitation—

“(1) No person shall drive or cause or permit any train to proceed at a speed greater than 300 km/h on track forming part of Phase One of High Speed 2 except to the extent that the maximum peak noise level arising from train passage, when measured according to a procedure defined by the Secretary of State on the basis of representative train passages and locations, does not exceed 60dBA at any point further than 200m from the centre line of the railway.

(2) If any person fails to comply with the requirements of subsection (1) he shall be guilty of an offence.

(3) A person guilty of an offence under this section shall be punishable on summary conviction by a fine not exceeding £20,000 and on conviction on indictment to a fine.

(4) Where an offence under any provision of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.”

New clause 17—Prohibition of entry of designated vehicles in designated areas—

“(1) No person shall for the purposes of the exercise of powers granted under sections 1 and 2 drive or cause or permit a vehicle of a designated class to enter a designated area, where “designated class” and “designated area” are as defined in [Schedule: Designated Areas and Classes for Vehicles].

(2) If any person fails to comply with the requirements of subsection (1) he shall be guilty of an offence.

(3) A person guilty of an offence under this section shall be punishable on summary conviction by a fine not exceeding £20,000 and on conviction on indictment to a fine.

(4) Where an offence under any provision of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.”

New clause 22—Construction of an integrated Euston Station—

“(1) The Secretary of State will require the nominated undertaker to take reasonable steps to develop integrated and comprehensive design and construction plans for Euston Station that include integration with other Euston Schemes.

(2) For the purposes of subsection (1) “reasonable steps” mean, but are not limited to, the following measures—

(a) The nominated undertaker will seek to maximise, in so far as is reasonably practicable, the volume of excavated and construction material from the construction of the enlarged Euston Station and its approaches to be brought in and removed by rail;

(b) The nominated undertaker will design an enlarged HS2 Euston Station having regard to all relevant parts of the Euston Area Plan and any other relevant Opportunity Area Frameworks or Guidance,

(c) The nominated undertaker will be required to participate in the Euston Strategic Board, which shall comprise representatives from the Department for Transport, HS2 Limited, the London Borough of Camden, the Greater London Authority, Transport for London, and in any successor or additional future governance arrangements which may be agreed between the London Borough of Camden, and the Greater London Authority and Transport for London from time to time,

(d) The nominated undertaker will be required to participate in a Euston Station Strategic Redevelopment Board which shall have the same membership as specified in subsection (2)(c), with the addition of Network Rail and any successor network and station operators, designated under Section 8 of the Railways Act 1993 and having responsibility for Euston Main Line Station or rail tracks that connect to that station,

(e) The Euston Station Strategic Redevelopment Board will advise the Secretary of State on the delivery of an integrated and comprehensive design for the enlarged Euston Station and other Euston Schemes, alongside other duties which may be set out in its Terms of Reference which may be updated from time to time;

(f) The nominated undertaker will be required to participate in a Euston Integrated Programme Board, the membership of which shall include the organisations specified in subsection (2)(b);

(g) The Euston Integrated Programme Board shall have responsibility for managing the integration of the nominated undertaker’s Euston Station design and construction work plans with proposals for other Euston Schemes;

(h) The nominated undertaker will be required to take all reasonable steps to maintain public access to Euston Station and through construction sites that are established for Phase One purposes, including for cyclists and pedestrians;

(i) Where it is not reasonably practicable to maintain public access under subsection (2)(h), the nominated undertaker shall identify alternative measures to maintain public access and implement them where it is reasonable;

(j) The nominated undertaker will be required to participate in a Euston Station Design Panel and use reasonable endeavours to agree the chairperson and other members jointly with Camden London Borough Council, Transport for London and the Greater London Authority, and Network Rail or any successor network operator as defined in subsection (2)(d);

(k) The Secretary of State will require the nominated undertaker to have regard to all recommendations made by the Euston Station Design Panel regarding the nominated undertaker’s ongoing design work for Euston Station,

(l) If requested to do so by the Euston Station Design Panel, the Secretary of State will require the nominated undertaker to notify Camden London Borough Council and the Greater London Authority of the full reasons for failing to incorporate into its design work any changes recommended by the Euston Station Design Panel,

(m) The nominated undertaker will make provision for ongoing community engagement during the construction works for the enlarged Euston Station,

(n) Details of the funding expected to be required to rebuild Euston Main Line Station shall be set out when the Secretary of State’s duties are fulfilled under paragraph 1(D)(1) of Schedule 4A to the Railways Act 1993 in respect of the review periods preceding the rebuild of Euston Main Line Station and the review periods during which the rebuild of Euston Main Line Station is expected to take place,

(3) For the purposes of subsection (1), “Euston Schemes” shall be taken to mean—

(a) The enlarged Euston Station as referred to in Schedule 1 to this Act,

(b) The rebuild of the Euston Main Line Station,

(c) Over site development and related development opportunities above the Euston Station and tracks in line with the Euston Area Plan; and

(d) Additional proposals for new subterranean railways that may be introduced by the Greater London Authority or Transport for London during the Phase One construction period.

(4) Nothing in this section shall override other limitations imposed by this Act.”

New clause 23—Noise and visual mitigation at Mixbury, Oxfordshire—

“(1) The Secretary of State shall require the nominated undertaker to construct, at Mixbury in Oxfordshire, along the west side of the railway’s Hollow Barn embankment, a noise barrier of height between 1.4 metres and 2 metres and of equivalent specification to the noise barrier to be constructed at Westbury.

(2) The area between the Hollow Barn embankment and bridleway no. 303/4 shall be planted with tree screening such that within five years of construction there shall be a tree height adjacent to the embankment of at least 5 metres.”

New clause 24—Benefit/cost review of potential Wardington bypass—

“(1) The Secretary of State shall commission a review of the potential benefits of constructing a road bypass on the A361 at Wardington in Oxfordshire.

(2) The review shall have regard to possible alleviation of HS2 construction traffic and other traffic, and to other alternatives for such alleviation.

(3) The review shall include estimates of the costs of construction of a bypass and other relevant costs.

(4) The Secretary of State must lay a report on the outcome of the review before both Houses of Parliament.

(a) within three months of this Act receiving Royal Assent; and

(b) before commencement of any HS2 construction works necessitating more than 24 heavy goods vehicle movements through Wardington, per day.”

New clause 25—Protection of bridleways in Oxfordshire—

“(1) The nominated undertaker shall take all reasonably practicable steps:

(a) to keep open bridleways in the vicinity of the railway and associated construction works in Oxfordshire; and

(b) to ensure that such bridleways are safely useable for their intended purposes.

(2) Where closure of a bridleway cannot be avoided, the nominated undertaker shall take all reasonably practicable steps:

(a) to keep the duration of the closure to a minimum; and

(b) to provide safe alternative routes on alignments which so far as reasonably practicable avoid proximity to construction works.

(3) Bridleways shall be screened from construction works with appropriately designed screening of a suitable height.

(4) The nominated undertaker shall consult with users of bridleways on suitable ways to implement the duties set forth in subsections (1) to (3).”

New clause 28—Kingsbury railhead special management zone—

“(1) There shall be a special management zone for the area of the Kingsbury railhead, which shall include the areas falling under the aegis of the Kingsbury, Lea Marston, Curdworth, Wishaw and Middleton parish councils and north Warwickshire as a whole.

(2) The nominated undertaker will employ a community engagement team for the special management zone, which shall have responsibility for managing community relations, including the referral, escalation, monitoring and resolution of complaints and the provision of timely information about the status of complaints.

(3) The community engagement team will arrange regular meetings of the nominated undertaker, lead contractors, local authorities and local community representatives to discuss construction issues and forthcoming programmes of work.

(4) The community engagement team shall provide advice on support mechanisms and shall implement the HS2 stakeholder engagement framework.

(5) The community engagement team will be staffed by appropriately experienced personnel and will include—

(a) a single point of contact for local authorities; and

(b) named individual points of contact for property owners affected by construction.

(6) Implementation and enforcement of the Code of Construction Practice within the Special Management Zone will be the responsibility of a senior manager within the community engagement team.

(7) The community engagement team will coordinate responses to the construction of Phase One alongside planning of Phase Two.”

New clause 29—Kingsbury railhead restoration—

“The Secretary of State must require the nominated undertaker, on completion of Phase One construction, to restore the land and environment at and in the vicinity of the Kingsbury railhead to its state as at the date of Royal Assent to this Act, notwithstanding that mitigation measures to be implemented during construction will include earthworks and bunding.”

New clause 31—Mitigation in environs of Old Oak Common—

“(1) Conservation areas in the vicinity of Old Oak Common shall be the subject of special consultation whose objective shall be to mitigate the long-term effects of construction in the area.

(2) The nominated undertaker will use reasonable endeavours to situate heavy goods vehicle entrances to the Old Oak Common construction site as far from residential dwellings in Stephenson Street, Wells House Road and Midland Terrace as is reasonably practicable.”

New clause 34—Mitigation of construction impacts at Canterbury Works vent shaft—

“(1) Commencement of construction work at the Canterbury Works vent shaft construction site shall be subject to there being already in place before construction a traffic management scheme.

(2) The traffic management scheme shall include a requirement that construction on the Canterbury Works site does not entail more than 100 individual heavy duty vehicle trips per day (50 arriving and 50 departing).

(3) It shall be a further requirement of the traffic management plan that trips to be made by heavy duty vehicles will avoid the beginning and end of the school day.

(4) The nominated undertaker will require that all heavy duty vehicles entering or employed within the London low emission zones be powered by Euro VI (or lower emission) engines.

(5) The nominated undertaker will undertake regular environmental assessments of dust levels on the premises of St Mary’s Catholic Primary School, particularly in recreational areas such as the playground.

(6) The nominated undertaker will consider on a monthly basis where further measures at source may be required in order to reduce the effects of pollution, and publish its findings.

(7) The Secretary of State will provide the local authorities in the area of the Canterbury Works with the funds they deem necessary for additional road safety measures to ensure children’s safety during construction.

(8) During construction, the nominated undertaker and its contractors must maintain a construction operations website and a telephone helpline staffed 24 hours a day, 7 days a week, to handle enquiries from the general public and local business regarding construction activities.

(9) A log shall be kept of all complaints relating to HS2 construction sites, whether those complaints are made to HS2, local authorities or the police, and all complaints, with HS2’s response and action taken in response, should be published prominently on HS2’s website.

(10) Where there is a pattern of repeated infringement of construction site conditions, HS2 will pay compensation to all those affected.

(11) Information regarding vent shaft construction effects and progress must be made clear through advertisements, on social media, email alerts, local radio and newspapers.

(12) Information services must be provided in languages appropriate to the needs of the area, using the results of a demographic survey.”

This new clause seeks to make mitigate the effects of construction at the Canterbury Works site, in particular in relation to air quality and child health and safety.

New clause 35—Mitigation of construction impacts at Alexandra Place—

“(1) The nominated undertaker will ensure that any HS2-related construction at the Alexandra Place vent shaft construction site complies with existing air pollution legislation.

(2) The nominated undertaker will explore the possibility of using Loudoun Road for the loading and unloading of heavy duty vehicles and of moving materials by rail on tracks running alongside the proposed vent shaft site and shall implement both possibilities to the full extent possible, with a preference for movement by rail.”

New schedule 1—Adjudicator: Status and Funding—

“1 The Adjudicator shall be a body corporate.

2 (1) Subject to sub-paragraph (3), the Adjudicator shall not be regarded as the servant or agent of the Crown or any enjoying any status immunity or privilege of the Crown.

(2) The members of the Adjudicator and of their staff shall not be regarded as civil servants and the Adjudicator’s property shall not be regarded as property of, or held on behalf of, the Crown.

(3) In relation to any matter as respects which the Adjudicator act by virtue of a direction under Section 1.3 the Adjudicator shall enjoy the same privileges, immunities and exemptions as those enjoyed in relation to that matter by the Secretary of State for Transport.

(4) Subject to the provisions of any enactment, the Adjudicator shall not be exempt from any tax, duty, rate, levy or other charge whatever (whether general or local).

(5) The Adjudicator shall receive such funds from the Secretary of State as he considers that it needs to perform its functions expeditiously and efficiently.

Membership

3 (1) The Adjudicator shall consist of not less than 8 and not more than 17 members.

(2) The members shall be appointed by the Secretary of State, who shall appoint one of them to be chairman and may appoint another of them to be deputy chairman.

(3) In appointing any member, the Secretary of State shall have regard to the desirability of the members as a whole having knowledge or experience of all the following, namely railway construction and operation, the preservation of cultural heritage, town and country planning, ecology, arboriculture, landscape, and air quality.

(4) In appointing members, the Secretary of State shall have regard to the desirability of at least one of them having knowledge of local government (as well as knowledge or experience of one or more of the subjects mentioned in sub-paragraph (3)).

(5) Subject to the following provisions of this paragraph, a chairman, deputy chairman or other member shall hold and vacate office in accordance with the terms of his appointment, but no member shall be appointed for a period of more than 5 years.

(6) A chairman, deputy chairman or member may resign his office by notice in writing addressed to the Secretary of State.

(7) If the Secretary of State is satisfied that a member—

(a) has been absent from meetings of the Adjudicator for a period longer than 3 consecutive months without the consent of the Adjudicator, or

(b) has become bankrupt or has made an arrangement with his creditors, or

(c) is incapacitated by physical or mental illness, or

(d) is otherwise unable or unfit to discharge the functions of a member,

the Secretary of State may remove him from his office

(8) If a chairman or deputy chairman ceases to be a member he shall also cease to be chairman or deputy chairman; and if a chairman or deputy chairman ceases to be chairman or deputy chairman he shall also cease to be a member.

(9) A person who ceases to be a member, otherwise than by virtue of sub-paragraph (7), or ceases to be chairman or deputy chairman, shall be eligible for re-appointment.

Staff

4 (1) There shall be a chief officer of the Adjudicator who shall be appointed by the Adjudicator with the approval of the Secretary of State.

(2) The chief officer shall be responsible to the Adjudicator for the general exercise of the Adjudicator’s functions and may, subject to the directions of the Adjudicator, exercise all the powers of the Adjudicator either himself or through nominated staff members.

(3) The Adjudicator may appoint such other employees as the Adjudicator thinks fit.

(4) The Adjudicator shall pay to their employees such remuneration and allowances as the Adjudicator may determine.

(5) The employees shall be appointed on such other terms and conditions as the Adjudicator may determine.

(6) The Adjudicator may pay such pensions, allowances or gratuities as they may determine to or in respect of any of their employees, make such payments as they may determine towards the provision of pensions, allowances or gratuities to or in respect of any of their employees or provide and maintain such schemes as they may determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any of their employees.

(7) The references in sub-paragraph (6) to pensions, allowances or gratuities to or in respect of any employees include references to pensions, allowances or gratuities by way of compensation to or in respect of employees who suffer loss of office or employment.

(8) A determination under sub-paragraph (4), (5) or (6) is ineffective unless made with the approval of the Secretary of State given with the Treasury’s consent.

(9) The Adjudicator shall make, not later than such date as the Secretary of State may determine, an offer of employment by the Adjudicator to each person employed in the civil service of the State whose name is notified to the Adjudicator by the Secretary of State for the purposes of this paragraph.

(10) The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.

(11) In determining whether the terms of the offer are more or less favourable to that person than those enjoyed by him on the date of the offer no account shall be taken of the fact that employment with the Adjudicator is not employment in the service of the Crown.

(12) An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months beginning with the date on which it is made.

(13) Where a person becomes an employee of the Adjudicator in consequence of this paragraph, then, for the purposes of his period of employment in the civil service of the State shall count as a period of employment by the Adjudicator and the change of employment shall not break the continuity of the period of employment.

(14) Any dispute arising under this paragraph as to whether or not the terms of any employment offered by the Adjudicator are, taken as a whole, less favourable than those applying to a person’s employment in the civil service of the State shall be referred to and determined by an employment tribunal.

(15) An employment tribunal shall not consider a complaint whereby a dispute mentioned in sub-paragraph (6) is referred to it unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.

(16) An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an employment tribunal under this paragraph; and no appeal shall lie except to the Employment Appeal Tribunal from any decision of an employment tribunal under this paragraph.

Proceedings

5 Subject to the following provisions of this Schedule, the Adjudicator may regulate their own procedure (including quorum).

6 (1) A member of the Adjudicator who is in any way directly or indirectly interested in a contract made or proposed to be made by the Adjudicator or by HS2 Limited or by any Nominated Undertaker appointed by the Secretary of State, or in any other matter which falls to be considered by the Adjudicator, shall disclose the nature of his interest at a meeting of the Adjudicator.

(2) The disclosure shall be recorded in the minutes of the meeting.

(3) A member shall not—

(a) where a contract in which the member is interested is under consideration, take part in the deliberations on or decision about the contract; and

(b) where any other matter in which the member is interested is under consideration, take part in the deliberations on or decision about the matter if the Adjudicator decide that the member’s interest might prejudicially affect his consideration of the matter.

(4) For the purposes of this paragraph, a notice given by a member at a meeting of the Adjudicator to the effect that he is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter concerning the body corporate or firm which falls to be considered after that date, shall be a sufficient disclosure of his interest.

(5) A member need not attend in person at a meeting of the Adjudicator in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at such a meeting.

(6) The validity of any proceedings of the Adjudicator shall not be affected by any vacancy among the members, or by any defect in the appointment of any person as a member or chairman or deputy chairman, or by a failure to comply with paragraph 6.

Committees

7 (1) The Adjudicator shall constitute at least one committee to advise them on ecology and at least one to advise them on compliance by HS2 Ltd with its obligations under the Environmental Statement and at least one to advise them on the efficacy of such compensation schemes which are implemented by HS2 Ltd and the Department for Transport and may constitute other committees to advise them on those or other aspects of their functions.

(2) The Adjudicator may include as members of committees persons who are not members of the Adjudicator.

(3) The Adjudicator may regulate the proceedings (including quorum) of committees.

(4) The Adjudicator may pay to the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the Secretary of State may determine with the Treasury’s approval.

Instruments

8 (1) The fixing of the seal of the Adjudicator shall be authenticated by the signature of the chairman of or some other person authorised either generally or specially by the Adjudicator to act for that purpose.

(2) A document purporting to be duly executed under the seal of the Adjudicator, or to be signed on the Adjudicator’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.

Members Remuneration

9 (1) The Adjudicator shall pay to members of the Adjudicator such remuneration and such allowances in respect of expenses as the Secretary of State may determine with the Treasury’s approval.

(2) In the case of any such member or past member of the Adjudicator as the Secretary of State may with the Treasury’s approval determine, the Adjudicator shall pay such pension, allowance or gratuity to or in respect of him, or make such payment towards the provision of such a pension, allowance or gratuity, as the Secretary of State may so determine.

(3) Where a person ceases to be a member of the Adjudicator, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, with the Treasury’s approval, direct the Adjudicator to make to that person a payment of such amount as the Secretary of State may determine with the Treasury’s approval.

Accounts

10 (1) The Adjudicator shall keep proper accounts and proper records in relation to them.

(2) The Adjudicator shall prepare a statement of accounts in respect of each financial year.

(3) The statement shall give a true and fair view of the state of the Adjudicator’s affairs at the end of the financial year and of the Adjudicator’s income and expenditure in the financial year.

(4) The statement shall—

(a) be prepared within such period as the Secretary of State may direct; and

(b) comply with any directions given by the Secretary of State with the Treasury’s consent as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.

(5) The accounts in respect of each financial year ending on or before 31st March 2018 (including any statement of accounts in respect of each such financial year prepared under this paragraph) shall be audited by persons appointed in respect of each financial year by the Secretary of State.

(6) No person shall be appointed auditor under this paragraph unless he is—

(a) eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006; or

(b) a member of the Chartered Institute of Public Finance and Accountancy; but a firm may be so appointed if each of its members is qualified to be so appointed.

(7) Where the Adjudicator has prepared a statement of accounts in respect of a financial year ending on or after 31st March 2016, it must, as soon as reasonably practicable after the end of the financial year to which the statement relates, send a copy of the statement to the Comptroller and Auditor General.

(8) The Comptroller and Auditor General shall examine, certify and report on any statement of accounts sent to him under sub-paragraph (7).

(9) In this paragraph “financial year” means the period commencing with the day of the Adjudicator’s establishment and ending with the second 31 March following that day, and each successive period of 12 months.

Information

11 (1) The Adjudicator shall make to the Secretary of State, as soon as may be practicable after the end of each financial year, a report on the exercise of their functions since the last report was made or (in the case of the first) since the Adjudicator’s establishment.

(2) Each report shall include a copy of the statement of accounts prepared and audited under paragraph 11 in respect of the financial year and, where the statement has been audited by the Comptroller and Auditor General, a copy of his report on it.

(3) Each report of the Adjudicator shall include a statement of action taken by the Adjudicator concerning—

(a) The compliance by HS2 Ltd with the commitments made in the Phase 1 Environmental Statement,

(b) The adequacy of the mitigation measures undertaken by HS2 Limited and any Nominated Undertaker concerning construction of the line,

(c) Recommendations concerning any additional mitigation measures required to ensure adequate environmental mitigation,

(d) The assessment of reasonable practicability undertaken by the nominated undertaker,

(e) The Secretary of State shall lay a copy of each report of the Adjudicator before each House of Parliament,

(f) As soon as may be after receiving any report made by the auditors on any accounts audited under paragraph 12 or, as the case may be, made by the Comptroller and Auditor General on any statement of accounts prepared under that paragraph, the Adjudicator shall send a copy of the report to the Secretary of State,

(g) The Adjudicator shall furnish the Secretary of State with such information relating to their property and the discharge and proposed discharge of their functions as he may require, and for that purpose they shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the Adjudicator and shall give such explanation of them as that person or the Secretary of State may require and

(h) In this paragraph “financial year” has the same meaning as in paragraph 10.

House of Commons disqualification

12 (1) In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate place in alphabetical order—

(2) “Any member, in receipt of remuneration, of the Adjudicator.””

New schedule 2—Designated areas and classes for vehicles (Specific)—

“Designated area

The A452 road, Balsall Common, between its junction with Windmill Lane and the bridge over the Rugby and Birmingham railway.

Designated class

A vehicle exceeding 8 tonnes.

Designated area

Waste Lane, Balsall Common, between its junction with the A452 and the eastern junction with Old Waste Lane.

Designated class

A vehicle exceeding 8 tonnes.

Designated area

The Kenilworth Greenway.

Designated class

Any vehicle except a vehicle crossing from one side of the designated area to a point immediately opposite.”

New schedule 3—Designated areas and classes for vehicles (Generic)—

“Any designated areas

The designated area or areas in which a designated class or designated classes of vehicles are to be expressly prohibited shall be defined by the Secretary of State after consultation with local interested parties. They shall be contained in regulations to be made by statutory instrument, which shall not be made unless a draft thereof has been laid before, and approved by a resolution of, each House of Parliament.

Any designated class

A vehicle exceeding 8 tonnes, unless otherwise defined in relation to a particular designated area in regulations to be issued by the Secretary of State as above.”

Amendment 1, in clause 1, page 1, line 4, after “1,” insert

“subject to subsections 1A, 1D, 1G, 1I, 1O and 1T”

This amendment seeks to prevent any surface railway route through The Chilterns Area of Outstanding Natural Beauty and ensure that any railway within the AONB be built in a fully-bored tunnel.

Amendment 2, page 1, line 6, at end insert—

“(1A) The nominated undertaker shall not exercise powers granted under section 1 to construct a surface railway route within the boundaries of The Chilterns Area of Outstanding Natural Beauty (Chilterns AONB).

(1B) Any railway constructed as part of Phase One of High Speed 2 and within the boundaries of the Chilterns AONB shall be built as an extension to the bored tunnel in this area, which is planned through the works specified in Schedule 1 of this Act.

(1C) In this section, the Chilterns AONB shall mean the area of outstanding natural beauty designated within the Chilterns under section 82(1) of the Countryside and Rights of Way Act 2000.”

This amendment seeks to prevent any surface railway route through The Chilterns Area of Outstanding Natural Beauty and ensure that any railway within the AONB be built in a fully-bored tunnel.

Amendment 3, page 1, line 6, at end insert—

“(1D) The nominated undertaker shall not exercise powers granted under section 1 to build a surface railway route within the boundaries of The Chilterns Area of Natural Beauty (Chilterns AONB).

(1E) To fulfil railway construction requirements for Phase One of High Speed 2 within this area, the nominated undertaker shall pursue an extension of the bored tunnel which is planned through works specified in Schedule 1, via a Transport and Works Act order as provided for in section 52 of this Act, or via such other procedure as shall ensure an opportunity for appropriate public participation and objection.

(1F) In this section, the Chilterns AONB shall mean the area of outstanding natural beauty designated within the Chilterns under section 82(1) of the Countryside and Rights of Way Act 2000.”

This amendment seeks to prevent any surface railway route through The Chilterns Area of Outstanding Natural Beauty and require the nominated undertaker to pursue an extension of the existing bored tunnel outside of this legislation.

Amendment 14, page 1, line 6, at end insert—

“(1G) Any railway constructed as part of Phase One of High Speed 2 and within the boundaries of the Chilterns AONB shall, between South Heath and Leather Lane, east of the A413 Aylesbury Road in Buckinghamshire, be built within bored tunnel.

(1H) The works referred to in subsection (1G) shall be pursued by means of a Transport and Works Act order or such other procedure as shall ensure an opportunity for appropriate public participation and objection.

(1I) In this section, the Chilterns AONB shall mean the area of outstanding natural beauty designated within the Chilterns under section 82(1) of the Countryside and Rights of Way Act 2000.”

This amendment would seek to provide partial further protection of the Chilterns AONB by extending the bored tunnel northward from South Heath for a further mile.

Amendment 5, page 1, line 6, at end insert—

“(1I) The nominated undertaker shall not exercise powers to commence any works specified in this Clause, or any other construction works connected to Phase One of High Speed Rail 2, until a cost benefit analysis of the environmental impacts of such works has been completed.

(1J) The cost benefit analysis must include, but shall not be restricted to, an assessment of the environmental impacts of Phase One of High Speed Rail 2 and connected construction works in The Chilterns Area of Outstanding Natural Beauty.

(1K) The cost benefit analysis shall be undertaken by a review panel, the membership of which must include, but shall not be restricted to, representatives from—

(a) Buckinghamshire County Council,

(b) Chiltern District Council,

(c) Aylesbury Vale District Council,

(d) Wycombe District Council,

(e) The Chilterns Conservation Board,

(f) Natural England,

(g) Environment Agency,

(h) Key community groups,

(i) HS2 Ltd, and

(j) The Department for Transport.

The panel shall be funded and facilitated by the nominated undertaker.

(1L) Within twelve weeks after the date on which this Act comes into force the Panel must report its conclusions and recommendations to the Secretary of State.

(1M) If the Secretary of State rejects any recommendation made by the panel he must—

(a) make publicly available the reasons for doing so, and

(b) demonstrate how any environmental cost that would have been addressed by the rejected recommendation will otherwise be mitigated.

(1N) Any deviation from works specified in this Schedule required as a result of the panel’s recommendations shall be pursued via a Transport and Works Act order, as provided for in section 52 of this Act, or via such other procedure as shall ensure an opportunity for appropriate public participation and objection.”

This amendment seeks to make progress of any construction works connected to Phase One of High Speed Rail 2 conditional on the completion of an environmental cost benefit analysis.

Amendment 6, page 1, line 6, at end insert—

“(1O) The nominated undertaker shall not exercise powers to commence any works specified in this Schedule, or any other construction works connected to Phase One of High Speed Rail 2, until a full reassessment of tunnelling methodology as applied to an extended bored tunnel under The Chilterns Area of Outstanding Natural Beauty, has been completed.

(1P) The reassessment shall be conducted by a panel of experts and other relevant parties, to be appointed, funded and facilitated by the nominated undertaker.

(1Q) Within twelve weeks of this Act coming into force, the panel must report its conclusions and any recommendations to HS2 and the Secretary of State.

(1R) If the Secretary of State rejects any recommendation made by the panel he must—

(a) make publicly available the reasons for doing so, and

(b) provide a cost benefit analysis of any alternative proposal to that recommended by the panel.

(1S) Any deviation from works specified in this Schedule required as a result of the panel’s recommendations shall be pursued through a Transport and Works Act order, as provided for in section 52 of this Act or such other procedure as shall ensure an opportunity for appropriate public participation and objection.”

This amendment would make progress of any works connected to Phase One of High Speed Rail 2 conditional on the completion of a reassessment of tunnelling methodology for an extended bored tunnel under part of The Chilterns Area of Outstanding Natural Beauty.

Amendment 7, page 1, line 6, at end insert—

“(1T) The nominated undertaker shall not exercise powers to commence any works specified in this Schedule, or any other construction works connected to Phase One of High Speed Rail 2, until a full assessment of traffic management requirements has been completed.

(1U) The assessment shall be conducted by a panel of experts and other relevant parties, to be appointed, funded and facilitated by HS2 Ltd.

(1V) Within sixteen weeks of this Act coming into force the panel must report its conclusions to the Secretary of State. The report must include but shall not be limited to—

(a) a full assessment of traffic management requirements consequential to any works specified in this Schedule, and

(b) detailed proposals outlining how such requirements shall be addressed.”

This amendment would make progress of any works connected to Phase One of High Speed Rail 2 conditional on the completion of an assessment of traffic management requirements and implementation of solutions to address such requirements.

Amendment 8, page 1, line 6, at end insert—

“(1A) In exercising the powers in this Bill, the nominated undertaker shall have regard to the desirability of minimising the number of gantries to be installed to provide power to the railway, in particular in areas of outstanding natural beauty designated by statute and in other areas of particularly high environmental value and sensitivity, and shall consult with local communities in designing plans for gantry installation.”

Amendment 11, page 1, line 6, at end insert—

“(1A) The nominated undertaker shall not exercise powers granted under section 1 to construct a surface railway route between Burton Green, Warwickshire, and Mercote Hall Lane east of Hampton-in-Arden, Solihull.

(1B) Any railway constructed as part of Phase One of High Speed 2 between Burton Green, Warwickshire, and Mercote Hall Lane east of Hampton-in-Arden, Solihull, shall be built as an extension to the tunnel at Burton Green, which is planned through the works specified in Schedule 1 of this Act.”

Amendment 17, page 1, line 6, at end insert—

“(1A) The nominated undertaker shall not exercise powers to commence any works specified in schedule 1 relating to Canterbury Works in Brent, London until a cost benefit analysis of the environmental impacts of such works has been completed.

(1B) The cost benefit analysis shall be undertaken by a review panel, the membership of which must include, but shall not be restricted to, representatives from—

(a) HS2 Ltd;

(b) Department for Transport;

(c) Brent Council;

(d) Environment Agency; and

(e) Key community groups

(1C) The panel shall be funded and facilitated by the nominated undertaker.

(1D) Within twenty weeks after the date on which this Act comes into force, the panel must report its conclusions and recommendations to the Secretary of State.

(1E) If the Secretary of State rejects any recommendation made by the panel he must make publicly available the reasons for doing so and must demonstrate how any environmental cost that would have been addressed by the rejected recommendation will otherwise be mitigated.”

This amendment seeks to make construction at the Canterbury Works site subject to an environmental cost benefit analysis.

Amendment 12, in clause 20, page 9, line 6, at end insert—

“(1A) The deemed planning permissions in subsection (1) shall be made subject to the approval of the external appearance of the works by the relevant parish or town council,

(1B) The approval of the external appearance referred to in subsection (1A) shall not be withheld unreasonably, and shall be determined by the relevant parish or town council within four weeks of the submission by the nominated undertaker of full details of the external appearance of the proposed works to the proper officer of the council.”

Amendment 16, in clause 29, page 12, line 29, at end insert—

“(2) Any reconfiguration of utilities taking place pursuant to this Bill at Wormwood Scrubs Common will be undertaken with regard to the value of Wormwood Scrubs Common as an amenity, and shall not involve the creation of any permanent pedestrian or vehicular access.”

Amendment 9, in clause 31, page 13, line 30, at end insert—

“(5A) The Secretary of State shall, within one year of Royal Assent, consult on and prepare plans for the undergrounding of all overhead power lines over a height of 15m in areas of particularly high environmental value or sensitivity, and shall within one year thereafter introduce legislation or alternative regulatory measures (to the extent such measures are required) to permit such undergrounding to take place by the end of 2020.”

This amendment is intended to compensate for the physical effects of the railway in certain areas by removing existing obtrusive and unappealing infrastructure.

Amendment 10, page 13, line 30, at end insert—

“(5A) The Secretary of State shall, within one year of Royal Assent, consult on and prepare plans for the undergrounding of all overhead power lines in the Chilterns Area of Outstanding Natural Beauty over a height of 15m, and shall within one year thereafter introduce legislation or alternative regulatory measures (to the extent such measures are required) to permit such undergrounding to take place by the end of 2020.

(5B) In this section, “Chilterns Area of Outstanding Natural Beauty” shall mean the area of outstanding natural beauty in the Chilterns designated under section 82(1) of the Countryside and Rights of Way Act 2000.”

This amendment is intended to compensate for the physical effects of the railway in the Chilterns AONB by removing existing obtrusive and unappealing infrastructure.

Amendment 13, in schedule 1, page 79, leave out lines 47 to 50.

Great Western Railway Routes

Baroness Laing of Elderslie Excerpts

Monday 8th February 2016 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Before I call the next speaker, may I say that there is something strange going on this evening? Each of the previous three people who have spoken in this Chamber has used the word “you” in reference to other people. It is not just one person—everyone is doing it. I have been reluctant to intervene and I try to not to, but after three times I must point out to the Chamber that when the word “you” is used, it means the Chair. If you are asking the Minister to do something, you ask “the Minister”. I call Oliver Colvile.

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. There is no need for a time limit in this debate as we have plenty of time, but when we have plenty of time, speeches and interventions tend to expand, so it would be helpful now if Members would take around 12 or 13 minutes, which is a long, long time.

Cost of Public Transport

Baroness Laing of Elderslie Excerpts

Tuesday 19th January 2016 Commons Chamber

[Madam Deputy Speaker (Mrs Eleanor Laing)]

I inform the House that Mr Speaker has not selected the amendment.

--- Later in debate ---

[Lilian Greenwood]

You do not want to talk about your own Government’s record on concessionary fares. [Interruption.]

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The hon. Lady does not mean “you”, does she? She means “he”.

[Lilian Greenwood]

The hon. Gentleman does not want to talk about the point at issue. He does not want to talk about what has happened to bus services here in England.

Anyone who searches the speeches and the statements of Conservative Ministers for references to fare rises on buses or cuts in routes will spend their time in vain.

--- Later in debate ---

[Callum McCaig (Aberdeen South) (SNP)]

I thank the hon. Lady for so kindly giving way. I am pleased that she is addressing this part of the motion. I feel that the request is particularly ironic given that she talked about the powers that local government in England should have. The Scottish Parliament, and indeed the Scottish Government, do not have such powers. What she and her party are encouraging is the Scottish Government to break the law. Will she explain why that is the case?

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Before the hon. Lady answers the intervention, may I say that she has been very courteous in taking a lot of interventions—and it is indeed good to have a lively debate—but this debate has less than an hour and a half to run? The hon. Lady has spoken for some 25 minutes, and I am sure that she will be aware that there are many other people who wish to speak.

[Lilian Greenwood]

I will move towards finishing my speech, Madam Deputy Speaker.

It is a pity that the hon. Gentleman did not refer to the fact that the Labour Government fully devolved the ScotRail franchise, or that it was Labour that secured the change to the Railways Act 1993 through the Smith commission. The invitation to tender for the ScotRail franchise, issued by the SNP Government, said:

“Transport Scotland reserves the right to alter the timetable or the process, or to terminate this process at its sole discretion.”

There we have it. It was entirely in the Scottish Government’s power to wait until the 1993 Act could be amended, but they chose not to do so. There is nothing in the 1993 Act or in the ScotRail invitation to tender that prevented them from delaying the competition until section 25 of that Act was amended. It is regrettable to see the inaccurate amendment tabled by SNP Members.

It falls to Labour to set out the case for reforming our transport services and addressing the rising cost of public transport. It is what Labour is doing in local government, winning concessions from Whitehall. It is what my right hon. Friend the Member for Tooting (Sadiq Khan) will do as Labour’s Mayor of London by putting bus and rail passengers first. We must play our part in Parliament too, and I urge Members to support the motion today.

East Anglia Rail Franchise

Baroness Laing of Elderslie Excerpts

Wednesday 16th December 2015 Commons Chamber

[Jo Churchill]

I could not agree more, because those pinch points affect such a broad area and affect the delivery of services into all our towns across the region. That is hugely important, and it was highlighted in the Hendy report.

I ask myself whether the obvious need for greater capacity would be addressed if we were not on the eve of this franchise re-tender. Our plan, with which the Minister is very familiar, is underpinned by a solid business case that will unlock the economic potential of up to £4.5 billion based on a package of improvements costing just over one tenth of that: £476 million. It will generate some £9.50 for every pound spent, providing a cost-benefit ratio that is acknowledged to be one of the most compelling investment propositions for rail. Over the next decade the plan will deliver over £15 billion in gross value added, 184,000 homes and some 50,000 new jobs, but if nobody can move around the area—and we already have to accept that the A14, which cuts right through my constituency and which travels down to the country’s largest container port at Felixstowe, is at times overwhelmed by the traffic—we really do have a problem.

Let me state quite clearly that we do not want to see “business as usual” being the operating criterion for the chosen bidder when those bids land tomorrow. We want change; we want transformational change at that, based on best practice from home and abroad. We want innovative thinking about some essential needs. I want those constituents of mine who are disabled, and particularly those who use a wheelchair, not to be faced with the situation where they cannot even access a train. If you live in Needham Market and you are in a wheelchair, that is it; you are not getting on that train. That is simply not good enough in 2015.

We know that whatever is to be delivered will be some way down the track—I have tried to avoid such comments, but I may hit the buffers at times. We do not want our new rolling stock to be somebody else’s refurbs. The taskforce report was very clear: we want new rolling stock. One reason much of our stock is to be upgraded is, quite simply, that it will be illegal shortly due to its inadequacies. We do not want pacers or old tube stock either. We have made do on this line for too long.

We have been told that with new rolling stock will come the reliability we seek. Everyone in the know says infrastructure is essential, too, including track signalling and overhead line equipment, as part of that bigger picture. But that rolling stock is essential, as the Minister knows very well from having used our service.

Essential east-west link improvements are needed, including the Felixstowe to Nuneaton and Birmingham freight route that will link the UK’s biggest container port with the rest of the UK and take pressure off the A14. My hon. Friend the Member for Suffolk Coastal (Dr Coffey) has campaigned tirelessly on this issue. As an aside, it seems incredible that one of the busiest ports in the UK is served by the single-track Felixstowe branch line.

To relieve pressure on commuters, I would recommend the introduction of an hourly Ipswich to Peterborough service—which I reiterate was not stated as a requirement in the invitation to tender—and I will add to my wish list the request that it should be increased to a half-hourly service at peak times. Improved passenger journey times, particularly in the east, are essential to optimise growth from east to west. In my constituency, we would like tomorrow to be an early start to Christmas. We have heard of Norwich in 90 and Ipswich in 60, and I am standing here today to ask you for Stowmarket in 70.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I have let the hon. Lady get away with this the first couple of times. When she says “you”, she is addressing the Chair, not the Minister. If she wishes to ask the Minister something, she must say “the hon. Lady”.

[Jo Churchill]

I am terribly sorry, Madam Deputy Speaker; you are absolutely right. It is my enthusiasm on securing the debate and having the chance to ask the Minister to listen to my arguments. I hope that, when the bids hit her desk tomorrow, she will take this opportunity to give us what we really want for the next nine years.

Airports Commission: Final Report

Baroness Laing of Elderslie Excerpts

Thursday 26th November 2015 Commons Chamber

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I thank the previous speaker, the hon. Member for Aldershot (Sir Gerald Howarth), who is also my constituent, but I am afraid I am going to disagree profoundly with you.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The hon. Lady is not going to disagree with the Chair. She might disagree with the hon. Gentleman, but she will not disagree with the Chair. I am clamping down on this now, because we have been here a long time.

[Ruth Cadbury]

My sincere apologies, Madam Deputy Speaker. I am still getting used to the conventions of this place.

What happened to the Prime Minister’s decisive statement—

“No ifs, no buts, no third runway at Heathrow”—

that he made prior to the 2010 election? Six years later, we are on the eve of announcements that may mean the Prime Minister giving the third runway at Heathrow the green light. That decision would be devastating for my constituency, have irreversible implications for London and the UK, and not provide the quick or economically sustainable solution to runway capacity that business is seeking. The Heathway runway 3 option is the only one of the three deliverable options in the Airports Commission report that it recommends, and it does so through a flawed economic assessment of its own figures.

Before I go further, I thank the Backbench Business Committee for allowing this debate to take place. For helping me today, I also thank the Heathrow Association for the Control of Aircraft Noise, CHATR—Chiswick Against the Third Runway—as well as West London Friends of the Earth and Hounslow Council.

Heathrow should be better, not bigger. I recognise the significant local and national benefits it brings to the economy now. I oppose expansion because I want no increase in the noise and pollution that the airport already causes, and I want to work with it on reducing those negative impacts.

--- Later in debate ---

[Zac Goldsmith]

I noticed the right hon. Member for Tooting (Sadiq Khan) briefing the hon. Gentleman with that question a few moments ago. I will answer that point, but I have to say that the position of the right hon. Member for Tooting on this issue seems to ebb and flow with the weather. He seems to say one thing to one audience and another thing to another audience. His position on Heathrow is about as authentic as Donald Trump’s hair, and the same applies to his position on almost every issue on which he has opined in the past few months. Nevertheless, I will answer the question.

The alternative to monopoly, which is what is proposed as the first choice of the Howard Davies commission, is competition. We know competition works. We only have to look at Gatwick to know that competition works: it has become a better airport. It has opened up routes to places we were told it would not be able to open routes up to, including Hanoi, Jakarta and two routes to China. Competition is the answer.

Despite coming down in favour of monopoly, even Howard Davies has acknowledged that the third runway would stifle growth at the other airports. He has said:

“a competing airport system is right for London”.

So how do we encourage that? We invest in transport links to, from and between the three main airports in London. If and when—as is likely—we have a capacity problem, we expand. We do not expand at Heathrow, however; we expand at a place in such a way that maximises rather than suffocates competition. That has always been my position: today, as it has been in any number of articles, interviews and comments. I have always come down in favour of competition, because it is the obvious answer.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. We have a problem with the clock. I calculate that the hon. Gentleman has one minute and 50 seconds left, including the intervention he is about to take.

[Zac Goldsmith]

Thank you, Madam Deputy Speaker. I give way to the hon. Gentleman.

Transport for London Bill [Lords]: Revival

Baroness Laing of Elderslie Excerpts

Monday 16th November 2015 Commons Chamber

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. There are several Members who still wish to speak. The hon. Gentleman knows that that was too long for an intervention. He is seeking to catch my eye, but if he makes a very long intervention, his chances of catching my eye go down considerably.

[Ian Lavery]

I fully agree with my hon. Friend the Member for Harrow West (Mr Thomas). I wonder whether he could repeat exactly what he said. [Laughter.] I am sorry, Madam Deputy Speaker; I was taking liberties and it was said merely in jest.

In conclusion, it is widely accepted by many of the British public that Transport for London needs to be saved from itself. It faces financial challenges that we had all, in the main, hoped would be different.

[Stephen Pound (Ealing North) (Lab)]

Madam Deputy Speaker isn’t happy.

[Madam Deputy Speaker]

Order. Is the hon. Gentleman questioning something?

[Stephen Pound]

indicated dissent.

[Madam Deputy Speaker]

I did not think so.

[Ian Lavery]

I fully agree with my hon. Friend the Member for Hammersmith (Andy Slaughter). This great city cannot afford TfL’s being speculative and gambling on the property market, which will only benefit people who have the money to buy hugely luxurious properties. Simply put, TfL needs proper funding, not the projected cuts of £700 million. I hope the Minister will say that there will be no further reductions in central Government funding to TfL. It will be interesting to see whether that actually happens.

We need to look after the people we represent. I and the Labour party firmly and clearly believe that this dangerous Bill should be opposed, for the simple reason that it is not about enhancing the lives of people in London or of people who use the capital city, or about enhancing transport infrastructure, whether it be tubes, trains or buses. It is about underfunding a great service and putting strains and pressures on Transport for London to look elsewhere to raise finances so that it can keep its head above water.

--- Later in debate ---

[Catherine West]

Is my hon. Friend aware that, in just the past five years, Haringey, which includes Tottenham, has been considered a higher-value London area, with homes on sale for in excess of £500,000, and that first-time buyers are unable even to get on to the housing ladder? Indeed, on the Government’s flagship scheme to incentivise people to get a mortgage, one person has benefited—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I am not having any more long interventions. There have been far too many.

[Rachael Maskell]

I have grasped the point of my hon. Friend’s intervention. House prices have escalated out of control since the Bill was originated. The reality is that we are dealing with a different situation and a different world from when the Bill was put together. I therefore believe that we should not proceed with the motion today, but call a halt and go back to the drawing board to address the real problems we have heard so much about.

I want to touch on some of the issues that have not been addressed today about the consequences of the Bill. The reality is that there will be so many unintended consequences. I asked questions earlier, which were not answered, about the financial modelling and the financial risks that may arise.

--- Later in debate ---

[Andy Slaughter]

We know what happens, because TfL has given the game away: a 100% market housing development in zones 1 and 2. The only guard against that are councils—Labour councils, principally—insisting on affordable housing. The provisions in the Housing and Planning Bill will remove that guard. This is the dirty little deal between the Government and TfL to ensure there is no affordable housing.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. Talking about housing tangentially to the Bill, because it has an effect on property and the owning of land, is in order. Having a debate almost entirely about housing and the provision of social housing is not in order when discussing the Bill.

[Rachael Maskell]

I very much take on board my hon. Friend’s point. There are real questions left hovering over the Bill. My hon. Friend refers to the Housing and Planning Bill, which relates to the use of land. That is the issue that concerns Labour Members: what will the land be used for? We highlighted the use of land and what kind of housing will be built on it. Clearly, there is concern about infrastructure and other possibilities, even use for business and other modelling on land in the future. The Bill does not specify a certain type of housing. The limited partnerships model proposed does not list the scope of use of the property and the development in the future.

I would like to return to my initial point before I close, which is the ageing of the Bill. We have seen very clearly that the world has changed so much since it was first drafted. What is the Bill’s relevance to the modern economy? We have heard much about the structure and direction of our economy. The Bill will build more of an asset-based economy than one that is social-based.

[Madam Deputy Speaker]

Order. We are not discussing academic economic issues; we are discussing transport.

[Rachael Maskell]

The Bill is about more than transport and that is why it is a real concern. It is about an organisation in charge of running our transport expanding its business opportunities into other areas, largely property development on its land. We would like TfL to focus on addressing the needs of constituents’ stations, about which we have heard so much today, but the Bill goes far beyond that.

Twenty months after the Bill was last debated, it is now clearly out of time. It is time that this House agreed to pursue another route to use vital land in London.

--- Later in debate ---

[Richard Burgon (Leeds East) (Lab)]

Does my hon. Friend agree that the lack of concern shown by Conservative Members for the consequences of the Bill may be explained by the fact that, during Prime Minister’s Question Time a few weeks ago, the Prime Minister said that an appropriate price for a starter home was up to £450,000?

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The hon. Gentleman was not in the Chamber when I made it very clear that we were not discussing housing. We are discussing Transport for London, and housing is tangential to that. The hon. Member for Cambridge (Daniel Zeichner) is absolutely in order when he is talking about clause 5.

[Daniel Zeichner]

Thank you, Madam Deputy Speaker.

Our worry is that, as a major landowner in London TfL, has a real responsibility. That is why Opposition Members have made it so clear that we feel that once that land is gone, it is gone forever, as my hon. Friend the Member for Hornsey and Wood Green (Catherine West) put so well. That is a very powerful point. She also pointed out that we have a deep unhappiness about these limited partnerships. She put that very well, too—partnerships with who knows who; the risk being nationalised, the profit being privatised. That point is absolutely right.

I enjoyed the contribution of my hon. Friend the Member for Wansbeck (Ian Lavery), whose ability to smell a rat at 300 miles is legendary. He, too, has spotted exactly what is going on in this Bill.

I also endorse the comments of my hon. Friend the Member for York Central (Rachael Maskell). She pointed out that the financial consequences of this Bill are very poorly explained, which gives us yet further cause for concern.

We appreciate that TfL needs to be looking at a long-term strategy for London’s transport infrastructure. It is absolutely right to do so; it is its job. But there is a real fear, which has been raised by many of my hon. Friends as well as by trade unionists and London residents, that elements of this Bill would lead not to a long-term investment strategy, but to profiteering in the short term on property development, an outcome which is totally unacceptable.

As a number of my hon. Friends have said, we do not feel the way the powers provided in this Bill would be used has been scrutinised adequately, and we are not assured that local councils and communities will be properly protected.

I think we all recognise that this Bill has been on something of an odyssey through Parliament over the years, but we are not persuaded the proposals in clause 5 should ever make it to Ithaca—that is a reference for the good Mayor to pick up. Given the bad feeling generated over this Bill for years, it is now time for TfL to reflect, go back to the drawing board and bring forward new legislation in this Session that we trust will command greater consensus and confidence and genuinely allow TfL to utilise its assets in ways that are consistent with the wider long-term public good.

Budget Resolutions and Economic Situation

Baroness Laing of Elderslie Excerpts

Wednesday 18th March 2015 Commons Chamber

[Several hon. Members]

rose—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The Chairman of Ways and Means said at the beginning of the debate that a large number of Members wished to speak, and he asked them to speak for less than 10 minutes. Two Members have achieved that, so I now have to impose a time limit of seven minutes on Back-Bench speeches.

Transport for London Bill [Lords]

Baroness Laing of Elderslie Excerpts

Monday 16th March 2015 Commons Chamber

[John McDonnell]

Madam Deputy Speaker, you are looking quite—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. The hon. Gentleman is correct. I am sure he will not be going down the line of considering the constitutional position in very, very great detail, although I am sure that he can make a brief reply to the intervention. But he was doing very well in keeping in order.

[John McDonnell]

Thank you for the compliment, Madam Deputy Speaker; it is not often that Deputy Speakers say that to me.

Let me respond briefly to my hon. Friend the Member for Islington North by referring him to page 930 of “Erskine May”, which cites the assessment of the Speaker in 1895 of the London Valuation and Assessment Bill. The Speaker then ruled that

“since the Bill raised questions of public policy of great importance and affected interests of vast magnitude, it ought to have been introduced as a public bill, and could not proceed as a private bill”.

I do not know what greater magnitude of risk there is to London, London taxpayers, the Greater London assembly and others than the risk that we are contemplating in this Bill. I do not want to go over the facts and figures we set out before, but I must say to the sponsor of the Bill, the hon. Member for Harrow East (Bob Blackman), that the Mayor could potentially enter into an enormous escapade if this legislation is passed. For that reason, I do not believe that it warrants support as part of a private Bill.

Let me return to the link between amendment 1 and amendment 15. Amendment 15 simply seeks to delete clause 4, as I believe that it is dangerous. I was trying to get clarification about the objectives of the clause from the statements—

Infrastructure Bill [Lords]

Baroness Laing of Elderslie Excerpts

Wednesday 11th February 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Energy and Climate Change (Amber Rudd)]

I beg to move, That this House agrees with Lords amendment 20B to Commons amendment 20 and with consequential Lords amendment 20C.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to consider the following:

Commons amendments (a), (b), (d), (e) and (c) to Lords amendment 21B.

Government motion not to insist on Commons amendment 21 and Lords amendments 21B to 21D in lieu.

Government motion to agree to Lords amendment 33A to Commons amendment 33.

[Amber Rudd]

On Report in the Commons, I informed the House of our intention to strengthen the amendments we tabled in Committee by specifying that if the Committee on Climate Change advises us that onshore oil and gas might adversely impact on climate change objectives, the Secretary of State must either make regulations providing that the right of use for petroleum and deep geothermal exploitation will no longer be available for future projects, or report to Parliament on the reasons for not doing so. Amendment 20B and consequential amendment 20C seek to address that commitment. By introducing them, we are making it absolutely clear that shale development will remain compatible with our goal to cut greenhouse gas emissions.

The Government disagreed with Commons amendment 21 and proposed amendments 21B, 21C and 21D in lieu. There is a clear and pressing need to ensure that this legislation is absolutely right. As drafted, amendment 21 cannot be included in the Bill. Although the courts would attempt to interpret the provisions, it is not viable as law and simply would not work in practice. Our amendments are designed to support the growth of the shale industry, while reassuring local communities it will be done in a safe and responsible manner. They also ensure clarity for all interested parties by proposing clauses that can be interpreted and enforced effectively by the courts.

Regarding the scope of our amendments, they will apply to associated hydraulic fracturing for onshore oil and gas, as defined in the amendment. Geothermal operations will be excluded. Conventional oil and gas well stimulation techniques will also be excluded, which makes perfect sense as they have been used for decades onshore. The territorial extent of the amendments will be limited to England and Wales. To that end, I ask that this House agree with amendment 33A.

Infrastructure Bill [Lords]

Baroness Laing of Elderslie Excerpts

Monday 26th January 2015 Commons Chamber

I turn now to new clause 12 on the role of the Planning Inspectorate. I should say at the outset—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I hesitate to interrupt the Minister and I appreciate that he has taken a great many interventions because many Members wished to ask questions and make points, but he has also taken up a very large chunk of this fairly short debate and I am conscious that many Members wish to speak. I trust, therefore, that as he turns to what is only the third new clause in the group, he will not have to address all 16 amendments.

[Stephen Williams]

Madam Deputy Speaker, your colleague Mr Deputy Speaker was in the Chair when I introduced my remarks. I assure you that I said very clearly that although this group of amendments raised a whole range of issues, including protection for the European beaver, I was not going to address every single one of them but would stick to the main ones. First, however, I should draw the House’s attention to the fact although it is not in the Register of Members’ Financial Interests, I should state as a ministerial interest that the Planning Inspectorate is based in Bristol West.

My right hon. Friend the Member for Arundel and South Downs (Nick Herbert) tabled new clause 12, which proposes that the Planning Inspectorate should be abolished and its functions carried out directly by the Secretary of State for Communities and Local Government. Planning law requires the Secretary of State to appoint an independent person to carry out appeals and plan examinations. The Planning Inspectorate carries out this function for the Secretary of State. Consistently, two thirds of all appeals support the council’s decision; only 1% of all planning applications nationally are overturned by appeal. The inspector’s role is to undertake an independent examination or appeal on behalf of the Secretary of State. We believe that, in the vast majority of cases, this role is carried out to the highest standards. We are always happy to discuss informally better ways of ensuring that our planning policy is fully understood by inspectors and councils alike.

--- Later in debate ---

[Stephen Williams]

In case I cannot respond on that point later, I can say that it is definitely our intention that on-site requirements should come up to code level 4, and that those for allowable solutions should come up to code level 5. On sites and exemptions, we are obviously looking at the consultation. The number of units will be one factor, but we might look at company size and square meterage—

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. We have had a great many interventions in this debate. I appreciate that the shadow Minister has had only a moderately long time in which to speak and that she has a lot to say. However, I must now appeal to all Members: we have 21 minutes left and a great many matters to discuss, so they must all speak quickly. If everybody proceeds with no repetition, hesitation or deviation, everyone will get to speak.

[Roberta Blackman-Woods]

It would be helpful if the Minister put some of those reassurances in writing.

Finally, as we know, the Government tried to rush through a poorly drafted reform of the electronic communications code, without adequate parliamentary scrutiny, as part of an uncosted deal with mobile phone operators that could lose the taxpayer £1 billion. It is good that the Government have listened to Labour, and that they have made a U-turn and are going back to the drawing board, but their incompetent failure to reform the code now puts the whole deal in doubt.

Reforming the code that governs the agreements between mobile phone operators and landowners is important for the expansion of mobile telephone access, and the Government need to get it right. We welcome the move to withdraw from the Bill the clause and schedules on the electronic communications code, and we are glad that the Government listened to us and to various organisations. We hope that they will now take the time to renew and update the code properly.

I will leave it there, Madam Deputy Speaker.

--- Later in debate ---

[Mr Hayes]

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

[Madam Deputy Speaker (Mrs Eleanor Laing)]

With this it will be convenient to discuss the following:

Government new clause 17—Route strategies.

Government new clause 18—Periodic reports by the Secretary of State.

New clause 5—Cycling and Walking Investment Strategy—

‘(1) The Secretary of State may at any time—

(a) set a Cycling and Walking Investment Strategy; or

(b) vary a Strategy which has already been set.

(2) A Cycling and Walking Investment Strategy is to relate to such period as the Secretary of State considers appropriate but must be reviewed as least every five years.

(3) A Cycling and Walking Investment Strategy must specify—

(a) the objectives to be achieved during the period to which it relates; and

(b) the financial resources to be provided by the Secretary of State for the purpose of achieving those objectives.

(4) The objectives to be achieved may include—

(a) activities to be performed;

(b) results to be achieved; and

(c) standards to be met.

(5) The Secretary of State must comply with the Cycling and Walking Investment Strategy and shall be responsible for updating Parliament annually on his compliance with it.

(6) If a Cycling and Walking Investment Strategy is not currently in place, the Secretary of State must—

(a) lay before Parliament a report explaining why a Strategy has not been set; and

(b) set a Cycling and Walking Investment Strategy as soon as may be reasonably practicable.

(7) Schedule (Cycling and Walking Investment Strategy: Procedure] (which contains provision about the procedure for setting or varying a Cycling and Walking Investment Strategy) has effect.”

Amendment 4, page 1, line 4, leave out clauses 1 and 2.

Amendment 5, in clause 3, page 2, line 40, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 6, page 3, line 4, leave out “company” and insert “Highways Agency”.

Amendment 43, page 3, line 7, at end insert—

“(c) the anticipated impact of the Roads Investment Strategy upon the condition and development of the local roads network;

(d) the anticipated impact of the Roads Investment Strategy upon the provision of local transport, including increasing walking and cycling;

(e) the anticipated impact of the Roads Investment Strategy on links with other nationally and regionally significant transport and infrastructure projects, including ports and airports, and;

(f) the anticipated impact of the Roads Investment Strategy on the growth plans of city regions and sub-regional bodies.”

Amendment 7, page 3, line 16, leave out “company” and insert “Highways Agency”.

Amendment 8, page 3, line 18, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 10, in clause 4, page 3, line 27, leave out “A strategic highways company” and insert “The Highways Agency”.

Amendment 11, page 3, line 32, leave out “A strategic highways company” and insert “The Highways Agency”.

Amendment 70, page 3, line 34, leave out “the environment, and” and insert

“air quality and other aspects of the environment, and”.

The Amendment would add an explicit obligation on the Strategic Highways Company to address air quality, as recommended by the Sixth Report from the Environmental Audit Committee, Action on Air Quality, HC 212, paragraph 61.

Amendment 12, page 3, line 36, leave out clauses 5 to 7.

Amendment 13, in clause 8, page 5, line 34, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 14, page 5, line 38, leave out “a strategic highways company’s” and insert “the Highways Agency’s”.

Amendment 15, page 5, line 42, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 16, in clause 9, page 6, line 22, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 17, page 6, line 26, leave out “a strategic highways company” and insert “the Highways Agency”.

Government amendment 112.

Amendment 18, page 6, line 29, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 19, page 6, line 35, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 20, page 6, line 37, leave out “company” and insert “Highways Agency”.

Amendment 21, page 6, line 39, leave out “strategic highways company” and insert “Highways Agency”.

Government amendments 113 and 114.

Amendment 22, in clause 10, page 7, line 2, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 23, page 7, line 8, leave out “company” and insert “Highways Agency”.

Amendment 24, page 7, line 9, leave out “company” and insert “Highways Agency”.

Amendment 25, page 7, line 10, leave out “company” and insert “Highways Agency”.

Amendment 26, in clause 11, page 7, line 16, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 27, page 7, line 20, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 28, page 7, line 22, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 29, page 8, line 2, leave out clauses 13 and 14.

Amendment 30, in clause 15, page 9, line 32, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 31, page 10, line 10, leave out clause 16.

Government amendments 94 and 101.

New schedule 1—“Schedule

Cycling and Walking Infrastructure Strategy: Procedure

1 This Schedule specifies the procedure by which a Cycling and Walking Investment Strategy is set or varied.

2 The proposals in a Cycling and Walking Investment Strategy must include details of—

(a) the objectives to be achieved, including but not limited to—

(i) increasing the share of travel that is walked and cycled;

(ii) increasing the proportion of the population that regularly walks or cycles; and

(iii) improving actual and perceived safety of walking and cycling.

(b) the financial resources to be provided by the Secretary of State for the purpose of achieving those objectives; and

(c) the period to which the proposals relate.

3 Publication of the Cycling and Walking Strategy may be in such manner as the Secretary of State considers appropriate.

4 The Secretary of State may only publish or vary a Cycling and Walking Investment Strategy if the Secretary of State has consulted on the proposals with such persons as the Secretary of State considers appropriate.

5 In performing functions under this Schedule, the Secretary of State must have regard to the desirability of maintaining certainty and stability in respect of Cycling and Walking Investment Strategies.”

Amendment 32, page 60, line 2, leave out schedule 1.

Amendment 33, in schedule 2, page 87, line 11, leave out “a strategic highways company” and insert “the Highways Agency”.

Amendment 34, page 87, line 19, leave out “company” and insert “Highways Agency”.

Amendment 35, page 87, line 20, leave out “company” and insert “Highways Agency”.

Amendment 36, page 87, line 22, leave out “company” and insert “Highways Agency”.

Amendment 37, page 87, line 27, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 38, page 88, line 4, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 39, page 88, line 7, leave out “company” and insert “Highways Agency”.

Amendment 40, page 88, line 10, leave out “company” and insert “Highways Agency”.

Amendment 41, page 88, line 22, leave out “strategic highways company” and insert “Highways Agency”.

Amendment 42, page 88, line 25, leave out schedule 3.

Amendment 127, in schedule 3, page 89, line 8, at end insert—

‘(2A) The transfer scheme may make consequential, supplementary, incidental or transitional provision and may, if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.”

Amendment 76, page 92, line 5, at end insert—

“(d) that person is protected by the conditions set out in the Transfer of Undertakings (Protection of Employment) Regulations 2006.”

Government amendment 115.

Amendment 77, page 92, line 5, at end insert—

‘(1A) The Transfer of Undertakings (Protection of Employment) Regulations 2006 apply to the transfer of a relevant undertaking either.

(a) to a different company appointed as a highway authority under section 1 of this Act, or

(b) to any other equivalent public sector body established to undertake general duties of a strategic highways company.”

Government amendment 116.

[Mr Hayes]

I rise with some enthusiasm because, as the House knows, cycling has moved up a gear as a result of this Government. New clause 13 reflects the Government’s commitment to cycling and walking, and making these the natural choice for shorter journeys. The cycling fraternity has responded already. No less a personage than Chris Boardman described this proposal as representing

“a massive shift in thinking and, most importantly, commitment.”

He went on to say:

“It brings us one step closer to realising our vision for a cycling nation . . . Everyone who rides a bike should see this as the start of something really exciting.”

Government have to take difficult decisions, and not everything we do is universally popular, but when one gets such acclamation, one has to—I will not say milk it; that would be wrong—draw it to the attention of the House in a measured and humble way, which is what I intend to do in this short debate about cycling.

This is certainly an exciting move forward. Since 2010, the Government’s spending on cycling overall has more than doubled compared with the last four years of the previous Administration, with £374 million committed between 2011 and 2015. The Minister responsible for cycling—I do not count that among my encyclopaedic list of responsibilities—is the Under-Secretary of State for Transport, my hon. Friend the Member for Scarborough and Whitby (Mr Goodwill). He has been a champion of this and should be recognised for his efforts and dedication in listening to the issues raised by cycling groups and responding to them.