(3 years, 1 month ago)
Lords ChamberMy Lords, I first congratulate my noble friend Lord Stansgate on his maiden speech, which has been described as “outstanding” and “assured”. I also thought that what he had to say about the importance of science was very real. Some critical decisions for the Government are coming up in the spending round in October, and I very much hope that the enthusiasm that Dominic Cummings, to be fair to him, had for the science budget will continue to be reflected in the Government’s policy.
Secondly, I thank the noble Lord, Lord Greenhalgh, for his reply. We in the Lords often say, “Oh, it’s been an excellent debate”, but, actually, this has been an excellent debate. I thought that he tried to respond to it, in his own rumbustious style, and I am very grateful to him for that—
It is; “rumbustious” is a real compliment. I thought that he tried to answer the points and displayed a certain sympathy with many of them.
For me, the key things that came out of this debate were, first, what my noble friend Lord Adonis said about HS2, which is one of the key decisions that will affect this country for decades to come. Who wants to add to the north/south divide in this country an east/west divide? That is a fundamental point.
Secondly, the noble Lord, Lord Young, and others talked about the need to reset central-local relations and think about local sources of revenue. We need to see that kind of thinking opened up again. For the department and Michael Gove, who leads it, these issues will come to the fore in the next few weeks. I hope that he reads what we have had to say in this debate in Hansard. I beg to move.
(4 years ago)
Grand CommitteeMy Lords, I oppose the amendment. I do not see any point in it whatever. It seems to me that in this country we can never make up our minds about whether we are going to do anything that is big and expensive. We have constant reviews, and we are constantly cancelling projects that have already made some advance. We have just had the independent Oakervee review of HS2, and we have just had a government decision to go ahead with the line to Manchester—although I share the worries of my noble friend Lord Adonis about what the Government are thinking about the eastern leg. However, I see no purpose in launching another review now.
My noble friend Lord Berkeley says that it is very difficult to get independent advice regarding all these concerns about costs, et cetera. Of course it is difficult to get independent advice, as the people who really know the facts are the ones who are doing the job. Unless the taxpayer is to fund an independent organisation to be critical of a scheme that Parliament has voted for and that the Government have reaffirmed and have cross-party support for, then this is a ludicrous proposal. I suppose that the answer to my noble friend’s legitimate concerns is to have an effective HS2 board. If there is an answer to this problem, it lies in having an effective board to supervise the management of the project. That is the point that the Government ought to be satisfying themselves on. I honestly do not think that this is a matter for legislation at all.
My Lords, I agree with every word that my noble friend Lord Liddle has said, and I hope that the Minister will not give an inch to this amendment and will comprehensively refute it when she speaks. HS2 has been reviewed to death.
I find it utterly astonishing that my noble friend Lord Berkeley should be moving this amendment because he has brought his great, independent wisdom and distinction to the biggest review yet of HS2, which concluded only this February after the best part of six months’ work. When he says that there are no independent people to conduct that review, it is a lot of complete nonsense. The members of the Oakervee review were very eminent and very independent: Doug Oakervee himself, a man of immense distinction in the delivery of infrastructure projects here and internationally, including some of the most successful developed in modern economies, in Hong Kong; my noble friend, who was the deputy chairman; Sir John Cridland, who is the former director-general of the CBI; Michèle Dix, who is responsible for directing Crossrail 2; Stephen Glaister, one of the most eminent transport economists in the world; Sir Peter Hendy, the chairman of Network Rail and former commissioner of Transport for London; Andrew Sentance, of the Bank of England; Professor Tony Travers, who is one of the most independent-minded and distinguished professors of government in the world and holds a chair at the London School of Economics; Andy Street, who is the elected Mayor of the West Midlands; and Patrick Harley, who is the leader of Dudley council. So I ask my noble friend Lord Berkeley to tell us in his reply: what sort of independence does he have in mind? Who are these great independent judges of infrastructure projects who can bring their wisdom to bear and have not already been consulted? At the end of the Oakervee report, which is 130 pages long, there is a list of the people who submitted evidence and were consulted. That list extends to more than 400 people and organisations.
(4 years ago)
Grand CommitteeMy Lords, I was having some difficulty following the arguments of my noble friend. He could of course move the motion he referred to on Report, but I can confidently predict that it would not be accepted by the House. Indeed, I am not sure that many other noble Lords would give it the time of day, precisely because we have had this exhaustive procedure up until now. Essentially, cutting through what my noble friend said—he has of course wanted to stop the scheme all the way through and has been a deep contrarian in that regard—he wants to create new avenues for opponents to stop the scheme. I recognise that, and it is a perfectly honourable thing to want to do.
What Parliament has to judge is whether the processes we have are robust and fair. My view is that they are very robust and very fair. They give complainants and people presenting petitions ample opportunity to make their case. The arrangements that pertain between the two Houses are there to keep a proper sense of proportion in the consideration of the petitions, so that all of the issues raised—the petitioning process is exhaustive and expensive—are not repeated ad nauseam in the second House. That is why the Private Bill arrangements are in place: so that you cannot re-open in the second House, as fully as my noble friend would wish, issues that have been considered by the first House. That seems to me to be perfectly reasonable. It does not withdraw the rights of petitioners to have their concerns properly assessed by Parliament. What it does is put in place a procedure that is fair and proportionate for the consideration of those petitions, which is very different.
The reason why my noble friend Lord Berkeley wants the TWA process to apply is that he is not content with parliamentary consideration of these petitions, and he therefore wants petitioners to be able to create a wholly new and additional process: the TWA process. That is grossly disproportionate. The point he made about changes to the first phase of the project, from London to Birmingham, confuses apples and pears. If you are going to make changes to legislation that has already been agreed by Parliament, you have no alternative but to go for a TWA-type process, unless you are going to produce an entirely new Bill. That is a completely separate issue from seeking to layer on top of parliamentary consideration of the Bill a wholly new process—the TWA process—while this legislation is going through and petitions are being considered. I do not think, having had close acquaintance with the processes, that petitioners are treated in any way unfairly. The arrangements between the two Houses give them ample opportunity, and the power is there for Parliament to make fundamental changes in respect of petitions that are raised between the two Houses. The allocation of responsibilities between the two Houses is laid down by convention.
What my noble friend Lord Berkeley wants to do, essentially, is to stop the scheme; I accept that. He wants to create as many possible avenues of further appeal and expense—this would add to expense—to delay it. Any reasonable observer, particularly those looking at the work of the noble and learned Lord, Lord Hope, and his committee and the committee in the House of Commons, would think that Parliament has struck a fair and proper balance between the power of the Executive to propose a major project of this kind and the duty of Parliament to see that all private interests are properly considered before agreement is reached.
My Lords, I very much agree with what my noble friend Lord Adonis has just said and disagree with my noble friend Lord Berkeley. As a member of the Select Committee, I did not feel bullied by the government counsel on this question. We considered the issue in depth, and the reasons why we said we would not consider such orders seemed valid in the light of that discussion. I am sure the noble and learned Lord, Lord Hope of Craighead, can give a much more elegant legal explanation of these issues than I can.
When the Bill goes through the Commons, the Select Committee can recommend fundamental changes to the route of the line by making additional provisions, but the convention has been established that the Lords does not revisit these questions on petitions that are made to it. Therefore, the noble and learned Lord, Lord Hope, announced at the start of our proceedings that we would not be recommending additional provisions and would be sticking with the convention. Then, of course, people say, “You could use transport and works orders”, but, in effect, they another form of additional provision. As I understand it, if this point were conceded, the decision-making process would be taken out of Parliament and put into the hands of the Secretary of State. It would then be subject to all the arguments about judicial review and whether things have been done properly that have bedevilled plans for airport expansion in this country, for example.
As a non-lawyer, I was totally persuaded by the argument that we should not contemplate these orders. We listened to the argument that was made in the infamous case of the Stone depot, and I was totally unpersuaded that, even if we had had the power to make such an order, it was actually sensible.
My Lords, I want to make a couple of brief points. First, it is important that there is some scheme of environmental monitoring, which I support. Three-monthly monitoring seems excessive, but it is good to have this amendment. Secondly, however, I am rather shocked by the tone of many noble Lords who are against HS2 in their treatment of these environmental questions. As one who served on your Lordships’ Select Committee on the Bill, HS2 seemed to me to display considerable concern and detailed knowledge of what it was doing on these points. Our exchanges with the Woodland Trust as witnesses were not in the tone of many noble Lords’ comments today. I thought that a good dialogue was opening up between the Woodland Trust and HS2. We made some recommendations in our report for more sensitive treatment of ancient woodland, particularly trying to avoid damage in the construction period, as well as recommendations on the planting of new woodland, but I am somewhat shocked by what I have heard this afternoon.
My Lords, I agree with everything my noble friend Lord Liddle just said. As a former member of the HS2 board and as the Minister who set up HS2 Ltd, environmental concerns were absolutely at the heart of what we sought to meet. By and large, HS2 has done a good job.
The fundamental concern many noble Lords have is that this railway is being built at all. We need to be quite clear about this. The impact on ancient woodland is miniscule as regards the proportion of woodland affected. Some noble Lords would prefer that the line was not built and there was no impact; I respect that entirely. However, Parliament has given these powers and it is a project of importance. The noble Lord, Lord Randall, says it is unpopular, but that is not what the polling shows at all. It shows that HS2 as a scheme is popular with the public at large. Railways are popular, and indeed, if I may point out to the noble Baroness, Lady Jones, they are particularly popular with Greens.
Unfortunately, a kind of parallel debate is taking place here. There is one between opponents of HS2 who are simply latching on to anything they can use to try to undermine the project, and the reality, which is that HS2 is doing, by and large, a good job. It could improve—of course all organisations can improve—but it is doing a good job of meeting its environmental obligations, and the requirements placed upon it by the Government are reasonable as regards no net loss.
I point out to the noble Lord, Lord Blencathra, that he delivered one part of his speech condemning cost overruns at HS2, which was prefaced by calling for additional costs, which would be significant. He tried to pooh-pooh them away in a kind of rhetorical way, but it would be very significant if they were imposed on HS2. He needs to work out how he reconciles the first half of his speech with the second half.
On reporting, I am in strong support of full transparency and proper accounting processes, as I have been all the way through this project. I hope that the Minister will tell us what the process for reporting is. HS2 Ltd publishes a full annual report, which gives an update of the progress on the project across a number of dimensions, and it is regularly held to account by parliamentary committees, including the Public Accounts Committee, and internally by the Government.
However, I see merit, as my noble friend Lord Liddle said, in a requirement for an ongoing process for reporting on delivery against environmental and financial objectives. Subject to what the Minister says when she tells us what the reporting processes are, might it be possible to bring together my noble friend Lord Berkeley’s Amendment 4 and my noble friend Lord Tunnicliffe’s Amendment 9? The latter would require annual reporting in respect of the impact on ancient woodlands. My noble friend Lord Berkeley’s amendment would require quarterly reporting across a much wider range of impacts —not just environmental impacts, but costs of land acquisition, the progress of the project, and revenue forecasts and cost-benefit analyses. I support the broad range of issues that my noble friend Lord Berkeley wants to see reported on, but quarterly reporting is too regular. Subject to what the Minister says, if we are still not happy about the formal requirements for reporting after the Grand Committee, I wonder whether it might be possible to have annual reporting, as suggested in my noble friend Lord Tunnicliffe’s Amendment 9, across a broader range of indices. My noble friend is right that annual reporting is the way most organisations report on objectives and costs.