Children and Young People: Restrictive Intervention
Debate between Baroness Laing of Elderslie and Cheryl Gillan(5 years, 8 months ago)
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Dame Cheryl Gillan (Chesham and Amersham) (Con)
On a point of order, Madam Deputy Speaker. I seek your guidance because Buckinghamshire County Council passed a unanimous motion this afternoon asking for High Speed 2 to be paused until the notice to proceed, which has already been delayed to the back end of this year, has been approved. This is a significant request because such notice cannot be given until the management capability, the affordability of the contract and the robustness of the already-discredited business case have been proved.
My county and my constituency are suffering daily disruption and catastrophic environmental damage, and we have not even seen the detailed design of this project. There are continuing complaints about poor communication by HS2, and the urgency of this matter is that there is news that machinery has already arrived in the county to start destroying a very large number of mature oak trees.
Madam Deputy Speaker, I want to know whether you have had any notice from the Secretary of State for Transport that he will make an urgent statement justifying this environmental vandalism, and whether there are any opportunities, when there are such serious doubts, for this project to be halted. What powers do we have in this House to bring about that halting or pausing of the project?
Madam Deputy Speaker (Dame Eleanor Laing)
I thank the right hon. Lady for her point of order. As she knows, the point she raises is not a matter I can address from the Chair, except in so far as to say that I have not had any indication that the Secretary of State for Transport, or any other Minister, wishes to come to the Chamber today to address the issue.
The right hon. Lady is very well aware that there are certain mechanisms she can utilise to attempt to bring the Secretary of State, or one of his Ministers, to the Dispatch Box at the earliest possible moment to answer the questions she has put. Of course, the whole House notes, once again, her extreme diligence and perseverance in dealing with this very important matter on behalf of her constituents.
Dame Cheryl Gillan
Further to that point of order, Madam Deputy Speaker. Thank you very much for your guidance from the Chair. Would it be possible for the message to go out from this House today, and from the Chair itself, that there is a request for the Secretary of State for Transport to come to this House at the earliest opportunity, which I believe will be Monday, to explain why this environmental vandalism is continuing in our county before any notice to proceed on HS2 has been given?
Madam Deputy Speaker
Again, I thank the right hon. Lady for her further point of order. She has raised the matter in a most eloquent fashion and, as she knows very well, matters raised on the Floor of the House will, I trust, be notified by the Treasury Bench to the appropriate Department and the appropriate Minister.
As to the powers that are available to Ministers in the respect that the right hon. Lady asks, I cannot give her a direct answer but, of course, I will say that I would not be at all surprised to find that on Monday, the next time the House sits, she and perhaps some of her local colleagues have submitted an urgent question for the consideration of Mr Speaker.
Overseas Electors Bill
Debate between Baroness Laing of Elderslie and Cheryl GillanFriday 23rd February 2018
(6 years, 10 months ago)
Commons ChamberRead Full debate Overseas Electors Bill 2017-19 View all Overseas Electors Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts
Madam Deputy Speaker (Mrs Eleanor Laing)
I will, unusually, delay for a moment to see whether the hon. Member for Newport West (Paul Flynn), who was in the Chamber until just a few minutes ago, is in the vicinity. I make it clear to the House that I am not creating a precedent in so doing, but I am aware that the hon. Gentleman was in a wheelchair and it might therefore take him a little longer to reach the Chamber.
Dame Cheryl Gillan (Chesham and Amersham) (Con)
On a point of order, Madam Deputy Speaker. May I ask your advice? It is obvious that there was an enormous weight of opinion in favour of the Bill that has just gone through on Second Reading, but some Members—particularly those on the other side—sought to shout against the Bill but then failed to put in Tellers. Will you advise me on whether that is good practice in this House? Surely, when a body of people shouts no, Tellers would normally be put in position by those Members shouting no.
Madam Deputy Speaker (Mrs Eleanor Laing)
I understand the point that the right hon. Lady makes, but it is perfectly proper for those who oppose a Bill not to put in tellers and not to see the matter through to a Division. It is not a question of whether that is bad or good practice; the practice is in order, and that is my consideration.
High Speed Rail (London – West Midlands) Bill
Debate between Baroness Laing of Elderslie and Cheryl Gillan(8 years, 9 months ago)
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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.
Delegated Legislation
Debate between Baroness Laing of Elderslie and Cheryl Gillan
Madam Deputy Speaker
I can answer the hon. Gentleman on that point most readily, because the House is already aware of a motion allowing the House to sit tomorrow until 10 pm.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
Further to that point of order, Madam Deputy Speaker. I wonder if you could help me on the debate tomorrow. It is obvious from these points of order that there will be a large number of people who want to speak in that debate. Would it be possible for the Chair to indicate to those people the timeframe within which they may be able to speak—[Interruption.] My point of order is popular with the House—[Laughter.] That would be most helpful to Members who have many duties to fulfil, so attending the Chamber can be difficult as far as timing is concerned.
Madam Deputy Speaker
Your point of order is indeed popular, Mrs Gillan. I can answer it in the same way that I answered the previous point of order. I would estimate that Members could calculate that some 90 or 100 colleagues will wish to speak tomorrow, and they should therefore consider the amount of time that will be available for the debate, from 11.30 am until 10 pm; subtract from that the amount of time that is likely to be taken by the Prime Minister, who I am sure will take many interventions, and by the Leader of the Opposition, who I am sure will take just as many interventions; and divide the remaining time by about 80 or 90. That will give hon. Members an indication of the time. Anyone who cannot do arithmetic can come to see me at some time tomorrow and I will work it out for them.
I trust that the variety and slowness of these points of order have given a certain hon. Gentleman enough time to get his breath back. When I explained to the House, some time ago, how the large number of petitions would be dealt with, most Members were not present. For the convenience of the House, therefore, and with my apologies for repeating myself, I will explain once again.
Once the first petition, relating to the school funding model, has been read to the House, with its prayer, subsequent petitions on the same topic should not be read out in full. Members should give a brief description of the number and location of the petitioners and state that the petition is in the same terms. Members presenting more than one petition should present them together.
When Mr Stuart has presented his petitions, he should proceed to the Table and hand his first petition to the Clerk, who will read out the title in the usual way. For subsequent petitions, Members should proceed directly to the petitions bag at the back of the Chair. I will call the next Member immediately after the previous Member has finished speaking. At the expiry of half an hour, no further petitions may be presented orally, but they may be placed in the petitions bag and will be recorded as formally presented. I call Mr Graham Stuart to present his petition.
European Union Referendum Bill
Debate between Baroness Laing of Elderslie and Cheryl Gillan(9 years, 6 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
On a point of order, Madam Deputy Speaker. I seek the advice of the Chair on a matter that has come to my attention concerning the business that has been announced for next Tuesday: consideration of the High Speed Rail (London - West Midlands) Bill: Instruction (No. 3). As I understand it, that will extend to the Select Committee the power to consider amendments to accommodate the requirements of landowners and occupiers in my constituency, particularly in Little Missenden, the Lee and Great Missenden.
Further, there will be consideration of the amendment to accommodate changes to the design of the works authorised by the Bill in Great Missenden and Little Missenden. The Select Committee scrutinising the hybrid Bill is visiting my constituency on Monday morning at 9.15 to look at the effects of HS2 on an area of outstanding natural beauty. However, I understand that the Government are not planning to publish the additional provisions that would give this House, the Committee and my constituents the information on what additional provisions HS2 Ltd and the Department for Transport will make for the Committee’s consideration.
Perhaps you could advise me, Madam Deputy Speaker, on whether that is the correct procedure for this House, because it seems to me that my constituents and this House should know about those additional provisions prior to the Committee’s visit, and prior to the business before the House next Tuesday. As I understand it, those additional provisions might not be available until the second week in July. Could the Speaker’s Office and the Chair assist me in any way on that procedure?
Madam Deputy Speaker (Mrs Eleanor Laing)
The right hon. Lady raises a matter of some concern. If the procedure under which the House is scrutinising that important Bill has not been properly followed, it is indeed a matter of concern. I am quite certain that Mr Speaker will wish to have the procedural elements of the right hon. Lady’s concerns investigated, so I will ensure that such an investigation is undertaken. She has eloquently made clear to the House her concerns, and I am quite sure that those on the Treasury Bench will have taken note of what she has said and that her concerns will be conveyed to the relevant Ministers. If there has been a procedural oversight, one would hope that it will be put right in time.
Mrs Gillan
Further to that point of order, Madam Deputy Speaker. I am grateful to you for undertaking to investigate the procedure. Would it also be possible for the Chair to investigate whether those details could be made available to the Committee, to me and to my constituents prior to the visit at 9.15 on Monday morning?
Madam Deputy Speaker
I thank the right hon. Lady for that further point. I am quite sure, in undertaking an investigation, that if matters can be put right, they will be. I am quite sure that if they are not put right, the right hon. Lady will inform the House of it next week. We all look forward to seeing progress on the matter.
High Speed Rail (London - West Midlands) Bill: Select Committee
Debate between Baroness Laing of Elderslie and Cheryl Gillan(10 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. I understand that the right hon. Member for Chesham and Amersham (Mrs Gillan) does not intend formally to press any of her amendments. Is that correct?
Madam Deputy Speaker
I am grateful to the right hon. Lady.
Question put and agreed to.
Ordered,
1. That the Bill be committed to a Select Committee.
2. That the following Members be appointed as members of the Select Committee: Mr Henry Bellingham, Sir Peter Bottomley, Ian Mearns, Yasmin Qureshi, Mr Robert Syms and Mr Michael Thornton.
3. (1) That there shall stand referred to the Select Committee—
(a) any Petition against the Bill presented by being deposited in the Private Bill Office between 29 April 2014 and the closing date (inclusive), during the hours specified in a notice published by the Private Bill Office, and
(b) any Petition which has been presented by being deposited in the Private Bill Office during such hours and in which the Petitioners complain of any amendment as proposed in the filled-up Bill or of any matter which has arisen during the progress of the Bill before the Select Committee, being a Petition in which the Petitioners pray to be heard by themselves or through Counsel or Agents.
(2) The closing date for the purposes of sub-paragraph (1)(a) is-
(a) in a case where the Petition is that of a local authority (except a parish council) or a business, 16 May 2014, and
(b) in any other case, 23 May 2014.
4. That, notwithstanding the practice of the House that appearances on Petitions against an opposed Private Bill be required to be entered at the first meeting of the Select Committee on the Bill, in the case of any such Petitions as are mentioned in paragraph 3(1)(a) above on which appearances are not entered at that meeting, the Select Committee shall appoint a later day or days on which it will require appearances on those Petitions to be entered.
5. That any Petitioner whose Petition stands referred to the Select Committee shall, subject to the Rules and Orders of the House and to the Prayer of that person’s Petition, be entitled to be heard in person or through Counsel or Agents upon that person’s Petition provided that it is prepared and signed in conformity with the Rules and Orders of the House, and the Member in charge of the Bill shall be entitled to be heard through Counsel or Agents in favour of the Bill against that Petition.
6. That in applying the Rules of the House in relation to parliamentary agents, any reference to a petitioner in person shall be treated as including a reference to a duly authorised member or officer of an organisation, group or body.
7. That the Select Committee have power to sit notwithstanding any adjournment of the House, to adjourn from place to place and to report from day to day the Minutes of Evidence taken before it.
8. That three be the Quorum of the Select Committee.
High speed Rail (London - West Midlands) Bill: Instruction
Ordered,
That it be an Instruction to the Select Committee to which the High Speed Rail (London - West Midlands) Bill is committed to deal with the Bill as follows—
1. The Committee shall, before concluding its proceedings, amend the Bill by
(a) leaving out provision relating to the spur from Old Oak Common to the Channel Tunnel Rail Link, and
(b) making such amendments to the Bill as it thinks fit in consequence of the amendments made by virtue of sub-paragraph (a).
2. The Committee shall not hear any Petition to the extent that it relates to whether or not there should be a spur from Old Oak Common to the Channel Tunnel Rail Link.
3.–(1) The Committee shall treat the principle of the Bill, as determined by the House on the Bill’s Second Reading, as comprising the matters mentioned in sub-paragraph (2); and those matters shall accordingly not be at issue during proceedings of the Committee.
(2) The matters referred to in sub-paragraph (1) are:
(a) the provision of a high speed railway between Euston in London and a junction with the West Coast Main Line at Handsacre in Staffordshire, with a spur from Water Orton in Warwickshire to Curzon Street in Birmingham and intermediate stations at Old Oak Common and Birmingham Interchange, and
(b) in relation to the railway set out on the plans deposited in November 2013 in connection with the Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons, its broad route alignment.
That these Orders be Standing Orders of the House.—(Mr McLoughlin.)
High speed rail (London - west Midlands) Bill: Carry-Over
Ordered,
That, notwithstanding the practice of the House, the following provisions shall apply to proceedings on the High Speed Rail (London - West Midlands) Bill:
Suspension at end of this Session
1. Further proceedings on the High Speed Rail (London - West Midlands) Bill shall be suspended from the day on which this Session of Parliament ends (“the current Session”) until the next Session of Parliament (“Session 2014-15”).
2. If a Bill is presented in Session 2014-15 in the same terms as those in which the Bill stood when proceedings on it were suspended in the current Session–
(a) the Bill so presented shall be ordered to be printed and shall be deemed to have been read the first and second time;
(b) the Bill shall stand committed to a Select Committee of the same Members as the members of the Committee when proceedings on the Bill were suspended in the current Session;
(c) any Instruction of the House to the Committee in the current Session shall be an Instruction to the Committee on the Bill in Session 2014-15;
(d) all Petitions presented in the current Session which stand referred to the Committee and which have not been withdrawn, and any Petition presented between the day on which the current Session ends and the day on which proceedings on the Bill are resumed in Session 2014-15 in accordance with this Order, shall stand referred to the Committee in Session 2014-15;
(e) any Minutes of Evidence taken and any papers laid before the Committee in the current Session shall stand referred to the Committee in Session 2014-15;
(f) only those Petitions mentioned in sub-paragraph (d), and any Petition which may be presented by being deposited in the Private Bill Office and in which the Petitioners complain of any proposed additional provision or of any matter which has arisen during the progress of the Bill before the Committee in Session 2014-15, shall stand referred to the Committee;
(g) any Petitioner whose Petition stands referred to the Committee in Session 2014-15 shall, subject to the Rules and Orders of the House and to the Prayer of that person’s Petition, be entitled to be heard in person or through Counsel or Agents upon the Petition provided that it is prepared and signed and in conformity with the Rules and Orders of the House, and the Member in charge of the Bill shall be entitled to be heard through Counsel or Agents in favour of the Bill against that Petition;
(h) the Committee shall have power to sit notwithstanding any adjournment of the House, to adjourn from place to place, and to report from day to day Minutes of Evidence taken before it;
(i) three shall be the Quorum of the Committee;
(j) any person registered in the current Session as a parliamentary agent entitled to practise as such in opposing Bills only who, at the time when proceedings on the Bill were suspended in the current Session, was employed in opposing the Bill shall be deemed to have been registered as such a parliamentary agent in Session 2014-15;
(k) the Standing Orders and practice of the House applicable to the Bill, so far as complied with or dispensed with in the current Session, shall be deemed to have been complied with or (as the case may be) dispensed with in Session 2014-15.
Suspension at end of this Parliament
3. If proceedings on the Bill are resumed in accordance with paragraph 2 but are not completed before the end of Session 2014-15, further proceedings on the Bill shall be suspended from the day on which that Session ends until the first Session of the next Parliament (“Session 2015-16”).
4. If a Bill is presented in Session 2015-16 in the same terms as those in which the Bill stood when proceedings on it were suspended in Session 2014-15–
(a) the Bill so presented shall be ordered to be printed and shall be deemed to have been read the first and second time;
(b) the Standing Orders and practice of the House applicable to the Bill, so far as complied with or dispensed with in the current Session or in Session 2014-15, shall be deemed to have been complied with or (as the case may be) dispensed with in Session 2015-16; and
(c) the Bill shall be dealt with in accordance with–
(i) paragraph 5, if proceedings in Select Committee were not completed when proceedings on the Bill were suspended,
(ii) paragraph 6, if proceedings in Public Bill Committee were begun but not completed when proceedings on the Bill were suspended,
(iii) paragraph 7, if the Bill was waiting to be considered when proceedings on it were suspended,
(iv) paragraph 8, if the Bill was waiting for third reading when proceedings on it were suspended, or
(v) paragraph 9, if the Bill has been read the third time and sent to the House of Lords.
5. If this paragraph applies–
(a) the Bill shall stand committed to a Select Committee of such Members as were members of the Committee when proceedings on the Bill were suspended in Session 2014-15;
(b) any Instruction of the House to the Committee in the current Session or in Session 2014-15 shall be an Instruction to the Committee on the Bill in Session 2015-16;
(c) all Petitions presented in the current Session or in Session 2014-15 which stand referred to the Committee and which have not been withdrawn, and any Petition presented between the day on which Session 2014-15 ends and the day on which proceedings on the Bill are resumed in Session 2015-16 in accordance with this Order, shall stand referred to the Committee in Session 2015-16;
(d) any Minutes of Evidence taken and any papers laid before the Committee in the current Session or in Session 2014-15 shall stand referred to the Committee in Session 2015-16;
(e) only those Petitions mentioned in sub-paragraph (c), and any Petition which may be presented by being deposited in the Private Bill Office and in which the Petitioners complain of any proposed additional provision or of any matter which has arisen during the progress of the Bill before the Committee in Session 2015-16, shall stand referred to the Committee;
(f) any Petitioner whose Petition stands referred to the Committee in the first Session of the new Parliament shall, subject to the Rules and Orders of the House and to the Prayer of his Petition, be entitled to be heard in person or through Counsel or Agents upon the Petition provided that it is prepared and signed and in conformity with the Rules and Orders of the House, and the Member in charge of the Bill shall be entitled to be heard through Counsel or Agents in favour of the Bill against that Petition;
(g) the Committee shall have power to sit notwithstanding any adjournment of the House, to adjourn from place to place, and to report from day to day Minutes of Evidence taken before it;
(h) three shall be the Quorum of the Committee;
(i) any person registered (or deemed by paragraph 2(j) to be registered) in Session 2014-15 as a parliamentary agent entitled to practise as such in opposing Bills only who, at the time when proceedings on the Bill were suspended in Session 2014-15, was employed in opposing the Bill shall be deemed to have been registered as such a parliamentary agent in Session 2015-16.
6. If this paragraph applies, the Bill shall be deemed to have been reported from the Select Committee and to have been re-committed to a Public Bill Committee.
7. If this paragraph applies–
(a) the Bill shall be deemed to have been reported from the Select Committee and from the Public Bill Committee; and
(b) the Bill shall be set down as an order of the day for consideration.
8. If this paragraph applies-
(a) the Bill shall be deemed to have been reported from the Select Committee and from the Public Bill Committee and to have been considered; and
(b) the Bill shall be set down as an order of the day for third reading.
9. If this paragraph applies, the Bill shall be deemed to have passed through all its stages in this House.
Other
10. The references in paragraphs 1 and 3 above to further proceedings do not include proceedings under Standing Order 224A(8) (deposit of supplementary environmental information).
11. That the above Orders be Standing Orders of the House. —(Mr McLoughlin.)
positions for which additional salaries are payable for the purposes of section 4A(2) of the parliamentary standards act 2009
Resolved,
That the Chair of the select committee appointed to consider the High Speed Rail (London - West Midlands) Bill is specified for the purposes of section 4A(2) of the Parliamentary Standards Act 2009.—(Mr Goodwill.)
defence reform bill: Programme (no.2)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Defence Reform Bill for the purpose of supplementing the Order of 16 July 2013 (Defence Reform Bill (Programme)):
Consideration of Lords Amendments
Proceedings on consideration of Lords Amendments shall (so far as not previously concluded) be brought to a conclusion two hours after their commencement at today’s sitting.
Subsequent stages
(1) Any further Message from the Lords may be considered forthwith without any Question being put.
(2) The proceedings on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.—(Philip Dunne.)
Commission on Devolution in Wales
Debate between Baroness Laing of Elderslie and Cheryl Gillan(13 years, 1 month ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mrs Laing
No, that is not the logic at all. If the hon. Gentleman argues in that way, he is arguing against himself. He agrees with me and with many of his hon. Friends that it is this Parliament that represents the whole of the United Kingdom, so this Parliament must have the responsibility not only for raising most taxes but for spending them. He has argued, as have others, that devolved Assemblies and Parliaments must bear responsibility as well as wielding power. As I say, if that is his argument, he is arguing against himself.
Mrs Gillan
My hon. Friend is making a valuable contribution to the debate. It is interesting to note that regional-level Governments in other countries raise a percentage of their own expenditure. For instance, in Germany regional Governments raise 56% of the 63% that is spent, and in Spain they raise 23% of the 49% that is spent.
Mrs Laing
As ever, I thank my right hon. Friend. Those examples illustrate my argument extremely well.
There is no doubt that there cannot be proper accountability without a well-constructed democratic system involving fiscal responsibility as well as democracy. At present Wales benefits enormously from public spending. The public expenditure cuts in Wales are considerably smaller than cuts in the rest of the United Kingdom, and public spending is currently 12% higher. As I have said, I entirely support that position. No one is trying to do Wales any harm; quite the opposite.
I am pleased that my right hon. Friend has given the Silk commission the duty of examining the future scope of devolution. Wales can learn much from what has happened in Scotland. There is a significant difference between the situation in Scotland and the situation in Wales because Scotland has, historically, its own legal system and other institutions that Wales does not have—I say that as a Scots lawyer who is perpetually confused by English law when we discuss it in the House—but the commission is nevertheless likely to bring Wales great benefits for the future.