High Speed Rail (West Midlands–Crewe) Bill

Lord Randall of Uxbridge Excerpts

Tuesday 8th December 2020 Lords Chamber

Moved by

[Lord Randall of Uxbridge]

9: After Clause 58, insert the following new Clause—
“Security provision and public safety during the scheduled works
(1) The nominated undertaker is responsible for maintaining the security of the scheduled works, including public safety.(2) The Secretary of State must publish quarterly reports on the security provision and public safety in relation to the scheduled works throughout the period in which those works take place.”Member’s explanatory statement
The purpose of this amendment is to probe the security and public safety provision of the works.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, this is my last contribution at this stage of the Bill. Although I had originally intended to take part in the debate on the next group, there are more than enough committed Members of the House to speak to those amendments, so I will listen and cheer them on.

I will take this opportunity to thank my noble friend the Minister most sincerely for her patience in dealing with my concerns and for writing to me with various points of clarification.

I will not detain your Lordships for long on this amendment. Perhaps I should say at the outset that I do not propose to divide the House; rather, this is another of my attempts to draw attention to how HS2 Ltd should look at how it conducts itself to avoid the mistakes that have been made previously, and indeed are still being made. Those mistakes have seriously alienated many local residents along the line and I would not want them to be repeated on the phase of the project that is the subject of this Bill. My proposed new clause would clarify who was responsible for security and public safety. More than that, it would make the Secretary of State publish quarterly reports on the security provision and public safety around the scheduled works.

I do not condone unlawful protests, and I often think that such campaigns do more harm than good, although I admit that I did once say that I would stand in the path of the bulldozers if a third Heathrow runway was built—a line repeated by my successor in the Uxbridge constituency with, I believe, more controversy than I ever engendered. However, in the scheme of things, I am always more of a suffragist than a suffragette.

However, lawful protest is something else. Because of several incidents that have occurred, I would want to ensure that, however frustrating such protests might be for those doing the construction, legal protests were allowed and dealt with appropriately. Noble Lords might have seen recent reports, and indeed video footage, of a security guard who seemed to place his knee on the neck of one such protester. I do not know the full circumstances of the incident, but I do not need to emphasise the sensitivity of such action in these days. My honourable friend Michael Fabricant, the MP for Lichfield, has, rightly, raised this with a Minister in the other place.

There have been a number of other examples of excessive use of force on protesters, which, in my layman’s eyes, seem very close to assault. I believe that training is given but I am not sure that it is always observed. I am also rather concerned that one or two individuals, given a uniform of sorts, feel that they are above the law.

Another area of concern that I hope will not be repeated in this phase of HS2—it should not be, as it relates to the pandemic—is where HS2 construction workers at the height of the lockdown were entering local food shops and other places along the line of transport while completely ignoring social distancing.

There is also of course a need to ensure that the boundaries of the project are secure, so that not only protesters but inquisitive young people cannot enter the site. I recognise that the issue of public safety goes both ways. I therefore feel that HS2 must be properly accountable both in theory and, more importantly, in practice. I ask my noble friend—who, as I said, has been very patient in dealing with this particular Grumpy, as opposed to Swampy—where the public can go to register their concerns, as I am afraid that our confidence in HS2 is at rock bottom. I hope that this will be rectified without the need for my new clause.

[Baroness Randerson (LD)]

My Lords, safety levels in industry in general in the UK are very high. These days, we take rail safety more or less for granted, but that was not the case two decades or so ago. Last year, we had a harsh reminder that we should not take it for granted, with the tragic accident in south Wales.

The noble Lord is right to raise this issue. I put my name down to speak because I was curious to see whether it was a general concern about safety or a specific issue that sparked the amendment. It is clear from what he has said today that his interest centres on the behaviour of employees towards residents and protesters.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, I thank my noble friend Lord Randall for tabling the amendment on this very important topic. The health, safety and well-being of the communities along the route of the new railway, of HS2 staff and of protestors is a primary concern for HS2 Ltd, which has a “safe at heart” approach, putting health, safety and well-being at the heart of the project. That ethos is carried through those employed by HS2 Ltd and those in its supply chain. This goes beyond the worksite itself. People must be safe when they are working on large, complex HS2 construction sites; they must be safe when they live, work or travel near the worksites; and they must be safe when travelling on roads affected by HS2 works and traffic. That is why HS2 Ltd already reports on health and safety in its annual report and accounts, using standard industry metrics. The overall health and safety index score increased throughout the 2019-20 financial year.

We recognise that, given the nature of the works on HS2 and the profile of the project, it is necessary for security personnel to be a part of the project. They ensure the health and safety of those who work on HS2 and those who live and work near it. Those security personnel are held to strict standards. It is a contractual requirement that all security guards working on the HS2 project must hold a licence issued by the Security Industry Authority. Additionally, the companies that they work for must be part of the Security Industry Authority’s voluntary approved contractor scheme, which acts as a quality assurance scheme for the private security industry.

HS2 Ltd has been very clear on the values that it expects to be followed by all staff in its supply chain, and on the behaviours of those in public-facing roles, such as security guards. Actions or behaviours that fall short of these expectations are dealt with firmly but fairly after a thorough investigation. My noble friend Lord Randall asked how members of the public can bring forward concerns. HS2 Ltd operates a freephone community helpline, 24 hours a day and 365 days a year, where anyone can register their concerns. HS2 Ltd has committed to respond to questions and complaints quickly and efficiently, with an acknowledgement within two working days and a response within a maximum of 20 working days if the query cannot be answered straightaway.

Of course, there are also those determined to obstruct the works, with the aim of halting the progress of a project authorised by Parliament. We recognise that members of the public have a right to protest peacefully and in a lawful manner, but it is entirely proper that once Parliament has authorised a scheme, contractors should be allowed to get on with building it. Where any protestors refuse to leave land needed for construction and must be removed, HS2 Ltd works with specialist security staff, the police, the fire service and the ambulance service to do this safely.

Health and safety on worksites, and in the workforce, is of vital importance, especially when it comes to Covid-19. Since the beginning of the pandemic, the HS2 Ltd supply chain has stipulated to all staff and subcontractors the requirement to comply with government and industry guidelines. Where works cannot be delivered in accordance with Public Health England and industry guidelines, sites have temporarily closed to ensure the safety of staff and local communities. Nevertheless, some staff may have to be present to make the safety assessments and to ensure that the sites remain safe and secure.

I was very interested to hear the experience of the noble Lord, Lord Tunnicliffe, and certainly I will take his suggestions back to my colleague Andrew Stephenson MP, the Minister for HS2. It was heartwarming to hear of such a large project being constructed so successfully. The amendment is welcome. It is an opportunity to raise these issues. HS2 Ltd must be held to account by the high standards that it has set. I hope that my noble friend is reassured by what I have said, is less Swampy or Grumpy, is happy, and on that basis is able to withdraw his amendment.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I thank noble Lords who have taken part in this short debate, particularly the noble Baroness, Lady Randerson, and the noble Lord, Lord Tunnicliffe. I echo what the Minister said about the opportunity to have such expertise from him, which we should be making use of on this project. I say to the noble Baroness, Lady Randerson, that a lot of these sites are round-the-clock. There are a lot of issues around light pollution and so forth, but it is very difficult to keep an eye on all aspects of it.

I was struck by the noble Lord saying that the leadership at the top must take responsibility and that you cannot subcontract responsibility. Although, as always, I am charmed by the Minister and her warm words, I am not entirely convinced that the practice matches the theory around some of the security personnel. They do a difficult job in difficult circumstances, but one or two—not all of them—are overstepping the mark. It happens in every walk of life, and they must put up with a lot from some of the protestors, especially those protesting illegally. It is not an easy job.

Regarding the Minister’s comments about Covid-19, I hope that this will not be an issue for phase 2A, which we are discussing, but I must say again that whatever security was instructed to do, the practice was not as specified. There were numerous incidents where all the things that we were trying to do at the height of the first lockdown—social distancing et cetera —were not being observed. However, I have aired my worries. It is true that we do not so much look at the safety aspect of this but take it for granted, which we should never do. With that, I beg leave to withdraw my amendment.

Amendment 9 withdrawn.