International Travel Rules

Lord Randall of Uxbridge Excerpts

Thursday 22nd July 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, we believe that by the end of September 2021 the air transport sector, for example, will have benefited from around £7 billion worth of government support since the start of the pandemic. Decisions around the sector support will of course ultimately be a matter for the Chancellor based on the evidence that we have been able to provide. Of course, we have regular conversations with our colleagues at the Treasury, but also with industry. We are listening very carefully to the sector.

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

My Lords, perhaps one of the more confusing issues surrounding the traffic lights system is not knowing on what basis the grading is made. Chile, for example, has falling infection rates and is at least on a par with our high vaccination rates here, yet it remains red. Could my noble friend give us some idea as to how exactly these grades are calculated and whether she is aware of any red countries likely to move to amber in the foreseeable future?

[Baroness Vere of Norbiton (Con)]

I am unable to provide any insight to my noble friend as to what might happen in the future in terms of countries moving from one group to the next, but we look at a range of factors when making these decisions. Of course, we are reliant on the joint biosecurity centre for producing a risk assessment of the countries and territories. The factors that the JBC risk assessment considers are very varied. They include the genomic surveillance capability within the nation, the Covid-19 transmission risk and the transmission risk of variants of concern. A range of measures is incorporated into reaching these decisions.

Transport Decarbonisation Strategy

Lord Randall of Uxbridge Excerpts

Wednesday 19th May 2021 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The noble Baroness highlights one of the key challenges in charging electric vehicles. It is why we have announced that we are investing £1.3 billion to accelerate the rollout of charging infrastructure. We recognise that not all people will be able to have a charger right outside their house; that is why we will work with local authorities and workplaces to provide chargers where we can.

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

My Lords, I am sure my noble friend is aware of the serious amount of carbon emissions caused by shipping. What discussions have the UK Government had internationally to encourage decarbonisation in this crucial sector?

[Baroness Vere of Norbiton (Con)]

International maritime emissions do indeed need to be considered. As I think the noble Lord knows, we will include international shipping emissions in our carbon targets going forward in CB6. The Government have published two documents to date: the Maritime 2050 plan and the Clean Maritime Plan back in 2019. On 22 March, we announced the clean maritime demonstration competition—£20 million to fund feasibility studies and trials for zero-emission vessels and ports, some of which I expect to be driven by hydrogen.

Air Traffic Management and Unmanned Aircraft Bill [HL]

Lord Randall of Uxbridge Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Thursday 21st January 2021 Lords Chamber

Moved by

[Lord Randall of Uxbridge]

17: Before Clause 18, insert the following new Clause—
“Prohibiting aircraft noise over designated sites
Civil aviation aircraft flying below 7,000 feet over landscapes designated as National Parks or Areas of Outstanding Natural Beauty are prohibited, except—(a) any civil aviation aircraft landing at or taking off from civil airports or airfields, and(b) civil aviation aircraft flying below 7,000 feet for safety reasons.”

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

My Lords, I start by apologising to noble Lords and my noble friend the Minister, as I was unable to take part at Second Reading or in Committee. I have, of course, read the Hansard reports of both previous stages.

In moving Amendment 17, standing in my name, let me say at the outset that I do not intend to press this amendment to a Division, and I can see the potential problems if my amendment was actually inserted into the Bill. Nevertheless, I feel the issue merits a short debate.

Aircraft noise caused by low-flying aircraft, particularly if it is frequent, is a major disruption, and, indeed, can be a health issue. Those who live near airports and aerodromes get used to it—not that they can ever ignore it. However, my concern, one that is shared by many who enjoy the pleasures and tranquillity of our national parks and areas of outstanding natural beauty, is that, from time to time, that very peace and quiet is shattered by excessive aircraft noise. This amendment would prohibit civil aviation aircraft flying below 7,000 feet over landscapes designated as national parks or areas of outstanding natural beauty, except for any civil aviation aircraft landing at or taking off from civil airports or airfields and civil aviation aircraft flying below 7,000 feet for safety reasons. I have chosen 7,000 feet because that is the point at which noise is considered by the CAA to be a pertinent consideration when designing flight paths.

My honourable friend Mr Philip Dunne, the chair of the Environmental Audit Select Committee in the other place, has taken a keen interest in this matter and has asked several Parliamentary Questions exploring the issue. In March last year, he asked

“what provisions are included in the Air Traffic Management and Unmanned Aircraft Bill … to protect national parks and AONBs from aircraft noise.”

In reply, my honourable friend the Minister, Kelly Tolhurst, said:

“The Bill gives the Secretary of State the power to direct an airport, air navigation service provider or another body to take forward an airspace change that is considered necessary for the delivery of the Civil Aviation Authority’s … Airspace Modernisation Strategy.


Any Airspace Change Proposals that are taken forward as a result will be covered by the department’s existing Air Navigation Guidance which is reflected in the CAA’s airspace change process. The guidance for this process states that, where practicable, it is desirable that airspace routes below 7,000 feet should seek to avoid flying over Areas of Outstanding Natural Beauty … and National Parks.”


That Answer states “where practicable” and “it is desirable”, but I am afraid that that sounds a little weak to me.

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I hope that I have been able to demonstrate to my noble friend that AONBs and national parks are already considered as part of the airspace change process—as he pointed out—and it is the case that the Government are cognisant of AONBs and national parks and how they might feed into the airspace change process. Therefore, I hope that my noble friend feels able to withdraw his amendment.

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

My Lords, I thank other noble Lords for joining in on this short but important debate: the noble Lord, Lord Bradshaw, the noble Baroness, Lady Randerson, and the noble Lord, Lord Rosser.

The noble Baroness, Lady Randerson, hit on the point that has not, perhaps, been completely answered by my noble friend, which is that there has seemingly been a change in overflying at lower heights. It is something that people notice. I live near Heathrow. We do not get much overflying, but we did notice last year, before the pandemic, that there seemed to be a change in patterns. My amendment would have tried to stop not overflying per se but flying below 7,000 feet.

My other concern is the fact that there is no way of registering such low flying and no sanctions that can be applied to an aeroplane that, for whatever reason, flies lower than it should. Clearly, there might be a safety issue or whatever, and I also take the point about take-off and landing, but I do not think that those are the cases that people complain about.

Having listened to the previous debate, as someone with a degree in Serbo-Croat I do not think that I could match the academic qualities of my noble friend, and I would certainly not dream of teaching her to suck eggs. I suggest, however, that when this goes to the other place there will be Members there whose constituents will contact them, and those Members may want answers to some of those questions. I say that as someone who knows that this is the sort of thing that really gets constituents going.

I will leave it at that. I am grateful for my noble friend’s answer. It was not quite as full as I had hoped for, but I am never really disappointed by her answers. I beg leave to withdraw the amendment.

Amendment 17 withdrawn.

Airports National Policy Statement

Lord Randall of Uxbridge Excerpts

Monday 18th January 2021 Lords Chamber

Asked by

[Lord Randall of Uxbridge]

To ask Her Majesty’s Government, further to the report by the Climate Change Committee Sixth Carbon Budget: The UK’s path to Net Zero, published on 9 December 2020, what plans they have to review the Airports National Policy Statement.

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

My Lords, on 16 December 2020, the Supreme Court overturned the earlier Court of Appeal decision and declared:

“The airports national policy statement is lawful”.


The Government are carefully considering the court’s judgment. We take seriously our commitments on the environment and reducing greenhouse gas emissions, and we will consult on an aviation decarbonisation strategy in due course.

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

I draw attention to my entries in the register. I thank my noble friend for her not entirely unexpected answer. However, will she agree with me that, especially in this year of the UK hosting the COP 26, our aviation expansion policy should be re-examined? Does she agree with the sixth carbon budget that any future expansion plans in London should be balanced by reductions in capacity elsewhere in the UK, which will not be good news for a levelling-up agenda, never mind our commitment to net zero by 2050?

[Baroness Vere of Norbiton (Con)]

I agree with my noble friend that this year is very important in terms of ensuring that we capitalise on our role as president of COP 26 and establish the sixth carbon budget in law, which will be done by June 2021. The role of international aviation within that is being very carefully considered by my department.

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.

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[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.

High Speed Rail (West Midlands–Crewe) Bill

Lord Randall of Uxbridge Excerpts

Report stage (Hansard) & Report stage (Hansard): House of Lords & Report stage
Monday 30th November 2020 Lords Chamber

[Lord Adonis (Lab)]

My Lords, the first thing to be said on this amendment is for us all to record our thanks to the Select Committee for the sterling and exhaustive work that it did over many months in considering this Bill on behalf of the House. To the noble and learned Lord, Lord Hope, and his colleagues, many of whom are present in the House this afternoon, we extend our thanks. When we considered my noble friend Lord Berkeley’s proposal in Grand Committee, the noble and learned Lord gave what I thought was a magisterial and comprehensive response to it, which leaves me surprised, to say the least, that my noble friend has brought it back to the House today.

The arrangements that the noble and learned Lord set out for the consideration of hybrid Bills are well established, with additional provisions being set forward in the first House but not in the second House. That gives ample opportunity for petitioners to petition but does not unduly extend the process by which Parliament considers these matters. It is a long-established convention that the additional provisions are in the first House and not introduced in the second House. The noble and learned Lord gave a very compelling response as to why TWAOs, in the instances which my noble friend has set out, are not appropriate because they cut across the customary consideration of the Bill, which is radically different from TWAOs that are additional to Bills and promoted in respect of changes after Bills have been enacted. The proper way to consider changes to a hybrid Bill is to amend the hybrid Bill and, where necessary, in the first House, insert the additional provisions, not—because a petitioner was unable to persuade the committee in the first instance, or did not bring in a timely manner proposals to the committee in the first instance—to seek to reopen the issue in a completely new way by means of a TWAO.

It might have been better if my noble friend had been clear that he is seeking to delay consideration of the Bill and to delay the project. He openly opposes the project, as we all know—he has opposed it at every stage. That is perfectly legitimate and honourable. I happen to think that high-speed rail is the face of the future for linking our great cities; if my noble friend wants to be stuck in the Victorian age, that is fine, but he should be open about it. After the exhaustive provision which your Lordships and the other House have made on this Bill, in accord with our customary procedures and in a committee chaired by a former head of the Supreme Court, it is now a bit late to reopen these issues, with the transparent motive of delaying the Bill.

I hope that we can move on rapidly to the substantive issues before us. The most substantive, which I cannot wait to get stuck into, is sticking to the plan for HS2 to link our major cities, and not going along with proposals by the Government to scale it back and deliver half of HS2. That would be an absolute tragedy for the nation.

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

My Lords, at the end of the Committee stage, the noble Lord, Lord Adonis, who it is always a pleasure to follow, implied, and has somewhat repeated today, that those who want to improve the Bill in any way are trying to stop it entirely. Although I am not a fan of the current HS2 project, I am in favour of high-speed rail. The problem was around the routing. However, I accept that the first phase, which affected me most, is going ahead.

The noble Lord, Lord Berkeley, put his finger on two things, the first of which was the Hybrid Bill procedure. That is not for the Chamber today, but is something for us all to think about. The noble Lord, Lord Adonis, said that it is not customary procedure. That points out that there is a procedure which is not customary, and perhaps that should be looked at again.

Secondly, the most important thing that the noble Lord, Lord Berkeley, said, was that there will always be a few people who will be upset by the result, as with a Planning Committee. If your planning application goes ahead, those who opposed it think there is some skulduggery afoot, and vice versa. The noble Lord mentioned the Wendover situation, which is in phase 1 and is effectively done and dusted. I do not want the same problems again following phases of HS2. It is paramount that the Government take as many of the public along with them as possible, not only those whose lives are affected, sometimes dramatically, but the rest of the country, who might see this as quite an expensive project. To persuade the people who have put the Government in place that this is a good project, some of these TWAOs should be heard.

I understand that this is not the customary procedure, and that it is late now. I do not particularly want this Bill delayed any further—we might as well get on with it. However, the noble Lord, Lord Berkeley, has raised a very interesting and useful point of debate. If there are going to be such projects, we should think about how to maximise support for them with the public.

[Lord Faulkner of Worcester (Lab) [V]]

My Lords, I refer to my railway interests on the register, and apologise that I was not able to take part in Committee. However, I have read Hansard, and it is clear to me and, I suspect, any objective reader that my noble friend Lord Berkeley was unable to persuade the other Members that further reviews of HS2, such as the one that he is suggesting in his amendment this afternoon, are needed. It was put during Committee that he was attempting to kill the project through endless reviews. My noble friend Lord Adonis went as far as to accuse him of being disingenuous. I am not sure whether that is a parliamentary term or whether it would be regarded as acerbity of speech, but it seems extraordinary that having served on the Oakervee review—as deputy chairman, no less—alongside the most distinguished group of independents drawn from academia, industry, the City, the national railway, Transport for London and local government, including the Conservative Mayor of the West Midlands, my noble friend, having failed to convince them, should now be saying that we should halt the progress of this Bill while yet another Select Committee is appointed.

I would be grateful if, when he replies, my noble friend could explain one aspect of his amendment which he did not mention: his attempt to tie the hands of the Committee of Selection and limit the membership of the proposed new committee. I do not remember seeing that before in your Lordships’ House. It would be a very undesirable precedent. It is a rather different tone to the one that my noble friend adopted when the House approved the composition of the Hybrid Bill Select Committee on 5 March. He said then

“I offer a few words of congratulation to the noble Lords appointed to this committee. With previous Select Committees, the House of Lords has really done very well in listening to petitions and coming up with recommendations… my plea to noble Lords on the committee, apart from wishing them well, is to listen to petitioners, give them time and listen to the evidence—I know that they will—rather more than sometimes happens in the Select Committees of the other place, where everybody is in a hurry.”—[Official Report, 05/3/20; cols. 725-26.]

While I am quoting my noble friend, let me share with the House his words at the Second Reading of the High Speed Rail (London-West Midlands) Bill, which contradicts something that my noble friend Lord Adonis said a moment ago:

“Many speakers have spoken to support the line. I support HS2 and I declare an interest as chairman of the Rail Freight Group.”—[Official Report, 14/4/16; col. 405.]


What many of us find hard to understand is what or who has got to him to make him change his mind.

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Moved by

[Lord Randall of Uxbridge]

2: Clause 22, page 9, line 39, after “buried in it” insert “and which have been buried for at least one year before work commences”

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

My Lords, in moving Amendment 2, I will speak also to Amendments 3, 14 and 15 in my name. I rather regret not speaking on the previous debate, for two reasons. First, I would have been able to put to bed the idea that I am not supportive of high-speed rail. I support extending it; if not, what was the point of having just London to Birmingham? The second, perhaps more pressing, reason is to wish my noble friend Lord McLoughlin, who is not speaking on any of the other groups I am speaking on, a happy birthday. He reminded us of his innate good sense; he was the first Secretary of State for Transport to really mention that the issue of HS2 was capacity rather than high speed. I rather wish others had got there first.

I put these amendments down mainly as a result of the story around the memorial garden—arboretum, if you like—for Rennie Grove Hospice Care. Some trees were cut down that had plaques on them in memorial for children who had unfortunately died prematurely. We can all understand the hurt that that will have caused. I asked the Public Bill Office—I thank it for its help—how I could try to raise this. I do not intend to put any of these amendments to a vote, but I want some reassurance from my noble friend the Minister. I thank my noble friend, who has met with me on a couple of occasions, on the first of which I raised this issue, and our honourable friend Andrew Stephenson in the other place, who was also genuinely concerned about these reports. I have received a letter back.

There are a couple of issues on which we need some reassurance. I put “including trees” in Amendment 3 because one thing that occurred to me when looking through the Bill was that it refers to “monuments”, and I was not sure whether memorial trees count as monuments. I would like that clarified. If they do not, we should consider including them, because they are now very common—particularly when we are trying to have tree-planting, as they are a way of combining the memorial with doing something good for the environment. The Woodland Trust has done a lot in that capacity.

I tabled Amendment 2, saying that remains must have been buried for “at least one year”, and other amendments in my name because I could foresee a situation where some people might suddenly claim that a tree that had been planted had become a memorial. That is why there must be a timescale. Protestors—I have sympathy with some of them, though not all—might come up with innovative ways to try to impede this. If there is a memorial tree, I want it to be absolutely genuine.

The other amendments would ensure that the undertaker—a slightly unfortunate use of the word here—has some responsibility to inform the deceased’s next of kin and to ensure that they give them ample time. The letter that was sent to me said that HS2 had given the hospice a month’s notice that these works would take place. I am not sure that a month’s notice is sufficient in this case, to be honest. I want to go round this course to see what can be done, because we do not want any repeats of this.

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

I am very grateful to all noble Lords who took part in this short but important debate. I understand the issue about memorial trees not being recognised as monuments, but this is happening increasingly and we should be looking at it. This is not the Bill or place to do it, but this idea is becoming increasingly popular, and large monuments and gravestones are not being treated as they used to be.

I am grateful to my noble friend for committing to write to me. I particularly ask her to find out what happened to the plaques that were removed from those trees, because that is of great interest to me. With that said, I beg leave to withdraw the amendment.

Amendment 2 withdrawn.

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[Lord Blencathra (Con)]

My Lords, I declare my interest as in the register as the deputy chair of Natural England. Amendment 5 stands in my name and those of my noble friend Lord Randall of Uxbridge and the noble Baronesses, Lady Young of Old Scone and Lady Jones of Moulsecoomb. I will also speak to Amendments 6, 7 and 11 in this group. I give notice to the House that I will seek votes on Amendments 5, 6 and 7 unless the Government see light on the road to Damascus or even on the line to Crewe.

First, I thank my noble friend the Minister for the numerous meetings she has held with Peers proposing amendments. If we have not been persuaded, it is no reflection on my noble friend—it is just that some of us are difficult blighters at the best of times. However, on this occasion we think we might have some merit on our side. Noble Lords may consider this an unusual grouping of Peers, but we are all united in our desire to protect and enhance UK biodiversity, which has declined drastically over the last 50 years. We are not seeking to stop or slow down HS2a, but we suggest that a flagship construction project should be a flagship regeneration project for our flora and fauna too, and it can be done at little cost.

Amendment 5 would insert a new clause stating:

“The scheduled works must achieve 10% biodiversity net gain.”


The Government’s policy is that all new developments must achieve 10% biodiversity net gain. This has been welcomed by developers who see it as a selling point for their properties. However, the policy does not apply to national infrastructure projects, which in my view should be leading by example. Indeed, even Network Rail and Highways England have committed to net gain in the future.

Clause 92 and Schedule 14 to the Environment Bill, currently in another place and which this House will get next year, lays down a requirement for 10% net gain, but the HS2 policy is just no net loss. Leaving aside the point that when one destroys an ancient woodland there is an irrecoverable loss, that policy is now way out of date. In 2015, no net loss might have satisfied the public and the then Government, but it is out of step with what the Prime Minister has announced in the last few months and out of step with the mood of the times on to our environment.

Just last week, the Prime Minister said in the national infrastructure strategy that we must build back better and greener. He made the 30x30 pledge and recently launched a massive programme of nature recovery networks. Therefore, the old HS2 policy on the destruction of habitats and wildlife is way out of tune with the Government’s new thinking on nature recovery.

I pay tribute to the Government and to my honourable friend Andrew Stephenson MP, the Minister in charge in another place, for pushing HS2 to do more than just achieve no net loss. This amendment is designed to help my noble friend the Government by putting HS2a under an obligation to achieve 10% overall biodiversity improvement when the project is complete. HS2’s green corridor ambition can contribute to the project’s environmental legacy, but it is unlikely to deliver net gain on its own.

The main misconception about net gain, and this has been said in Committee, is that it would involve more compulsory purchase of land adjacent to the line. That is absolutely not the case. Achieving net gain in this project is similar to the environmental land management schemes being designed for farmers, launched this morning. That would mean HS2 offering incentives for landowners and others to develop biodiversity projects. These may be adjacent to the route or even many miles away. HS2 could fund new woodlands, peat restoration or wetlands improvements and these do not have to be tied to the route. It could fund landowners or organisations such as the RSPB, the Woodland Trust and local wildlife trusts to carry out nature recovery work elsewhere, so long as by the end of the project all the works had achieved a 10% net gain overall.

Natural England calculates that the cost of net gain over the whole HS2 route would be 0.01%, or £100 million. Here we are dealing with a section one-third of that length and a guestimate of costs would therefore be about £35 million. That would be a one-off cost. The wage bill for the 1,389 HS2 staff last year was £109 million, and that will be a recurring cost for 15 years or so. Thus, achieving net gain is a very small cost but a huge environmental gain. We should expect HS2 as the Government’s flagship infrastructure project to lead the way and go above and beyond the minimum and achieve what we will legislate for next year in the Environment Bill.

HS2 is unnecessarily antagonising organisations which would love to weigh in behind it if it would do a little bit more for biodiversity. There will be some who will always be opposed to the project, but many highly respected NGOs would publicly support HS2 if it achieved net gain and saved ancient woodlands.

That brings me on to Amendment 6, and my proposed new clause:

“The scheduled works must not destroy any ancient woodlands, either directly or indirectly.”


A number of ancient woodlands would be damaged or destroyed by the current proposed route. No matter how many new trees we plant, we cannot replace the biodiversity lost when an ancient woodland is destroyed. These are not just old trees. When habitats have been left to develop for 500 years or so they become complex ecosystems holding a wide range of flora. Ancient woodlands have declined dramatically over the years and now cover only 2.4% of the UK. That is far too small a size to sacrifice even more.

I quote from the Government’s own National Planning Policy Framework, which instructs councils that

“development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons and a suitable compensation strategy exists”.

Of course, the Government then list as “wholly exceptional” any old national infrastructure projects where they exempt themselves from the rules they apply to everyone else. In this day and age, I do not think Governments will get away with a policy of “Everyone must obey the rules, except us.” That mood is changing.

If ancient woodlands have to be destroyed, Natural England proposes a replanting ratio of 30:1. That seems high but it is a recognition that you have to plant a lot more new trees if you are going to try to ameliorate the damage done by the loss of ancient woods. I shall say no more on this subject, on this amendment, because I hope the noble Baroness, Lady Young of Old Scone, who is an absolute expert on this matter, will talk about ancient woodlands. I look forward to hearing what she has to say about this amendment and her Amendment 13.

My last amendment, Amendment 7, seeks to insert a new clause stating that:

“All plants and trees planted on any of the land on which the scheduled works take place, or in mitigation of the effects of those works, must be … British native species, and … sourced in the United Kingdom.”


This is not a little Englander new clause, suggesting that I do not want nasty foreign trees when we have left the EU, but a recognition that our native wildlife needs native plants and habitat to survive. For tens of thousands of years our native fauna has survived and developed in a habitat of native British flora. Putting it simply, we cannot have native red squirrels unless we have the native trees producing the nuts, fruits and seeds on which they survive. The Back from the Brink project, to recover 20 species from near extinction, depends on native habitats.

This new clause is necessary because HS2 plans to plant one-third of the plants and trees from latitudes of up to two degrees south of the midpoint of the route. Planting trees from further south may make sense for commercial forestry, guarding against climate change, but does nothing to help our native fauna survive. Eucalyptus trees from France may be very good for timber but I understand their leaves are toxic and that only koala bears and possums thrive on them and we do not want those species running around our woods. Thus, we need UK native trees and plants to support our native wildlife. However, I mention that as an extreme example and I do not expect to see these exotic species from France, but it is highly likely that the one-third will be sourced from the largest supplier of trees and plants in Europe: the Netherlands. Last year, we imported £1 billion of trees and plants from Holland.

As colleagues will know, we face an increasing threat from diseases unwittingly imported along with plants sourced from abroad. Even if we step up biosecurity when we leave the EU, there will still be an enormous risk of bringing in destructive bugs and diseases. For any imported seed stock, HS2 must follow the relevant hygiene regulations as set out in the Plant Health (England) Order 2005 and it must comply with the latest biosecurity certification standards on planting and importation. But that is what is supposed to happen at the moment for all imported seeds and plants and yet we have ash dieback, oak processionary moth and spittlebugs, and God help us if Xylella fastidiosa gets here because it can destroy 500 different tree species. Of course, many bugs and diseases are hidden in the soil.

No doubt noble Lords with more expertise than I will correct me if I am wrong, but is it not the case that every single bug and disease which has devastated our trees and plants has come in from abroad despite the best efforts at port control with phytosanitary measures? Do not take my word for it on the risk. In July 2019, the Dutch Federation of Agriculture and Horticulture issued a warning to all its members saying that they had to take special care that they did not export the oak processionary moth to England along with all the English oaks they exported to us. If even the Dutch exporters are warning about the dangers of their products, should we not exercise a bit more caution? The one-third foreign planting advice satisfies the technical advice from the Forestry Commission and Natural England, but I am suggesting that we should be more cautious than the technical advice. The danger is not foreign eucalyptus but foreign English oaks.

At this precise moment—or he may have finished now—my noble friend Lord Gardiner is upstairs in the Grand Committee taking through a large SI on protecting us from invasive non-native species. A week today, he is taking through a massive SI with 13 annexes on plant phytosanitary conditions. Defra is well aware of the threat but it seems that the Department for Transport is not. That is why a requirement on acquiring plants from UK sources is so important. It will also be good business for UK nurseries that can easily supply all that would be required. We have a huge range of UK native trees and there is no excuse not to use them. One has just to look at the Woodland Trust website to see the full range and all animals, birds, butterflies and other species that depend on our native flora for survival.

I have just read, this weekend, the Woodland Trust publication, published this month, called Tree Provenance Choice in a Changing Climate, which addresses this biodiversity argument. The Woodland Trust says:

“For woodland conservation, resilience, and enhanced biosecurity, evidence suggests that tree seed sourced from local UK provenances will be best adapted for UK sites in the long term … Wherever possible, trees should be sourced from within the UK in order to prevent further introductions of damaging pests and diseases.”


Again, I say simply: do not take my word for it but listen to the experts on this occasion.

I want to say a few words on Amendment 11. The noble Baroness, Lady Young of Old Scone, has drafted—in my opinion—a more detailed and better amendment than mine. I look forward to her speaking on it, but I will seek a vote on Amendment 7 if the noble Baroness does not seek one on Amendment 11.

I cannot see any downside to the Government accepting Amendments 7 or 11. They carry no extra cost, give a big boost to UK plant growers, provide native trees and plants for our native wildlife, and are a 100% cast-iron guarantee that we will not bring in another devastating plant disease. It is a win-win-win-win for all of us but especially our tress and wildlife.

I apologise that I have spoken at length on these amendments, so I will not try the patience of the House by speaking to any other amendments today, but I do support Amendments 10 and 13 in another group, when they are reached.

In conclusion, the cost of what we propose here for this short part of the route is infinitesimally small in comparison with the overall cost of the project. Our amendments would not slow down construction. If we are to have a world-class new railway, we should preserve our existing world-class woods and wildlife—what remain of them. HS2 should guarantee a substantial environmental legacy that is commensurate with the status of a flagship government infrastructure project. I hope that the Government might accept these simple amendments of mine or that of the noble Baroness, Lady Young of Old Scone. I beg to move.

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

My Lords, it is an extremely great pleasure to follow my noble friend Lord Blencathra. He has made a very eloquent case for all the amendments in his name and those that I have signed with him. First, I draw attention to my environmental entries in the register of interests.

High Speed Rail (West Midlands-Crewe) Bill

Lord Randall of Uxbridge Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 9th November 2020 Grand Committee

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

My Lords, our break has given me time to absorb the wise words of my noble friend Lord Blencathra. It is always a pleasure to listen to him. He is far too modest but made some very good points.

I wanted to be someone who could support HS2, but my experience as a constituency MP led me to the decision that as a company, HS2 is probably one of the worst to deal with. Its people are their own worst enemies. While accepting that phase 1 has happened—it breaks my heart to see how it has ripped through so much of our countryside—I want to make sure that the people who live along the line of the proposed phase 2a have a better deal all round. I shall speak to Amendments 4 and 9.

My noble friend Lord Blencathra spoke eloquently and correctly about ancient woodland, and I know that I am to be followed by the noble Baroness, Lady Young of Old Scone, who will be able to tell us much more about the merits of this debate. Anyone who has an interest in biodiversity will know that ancient woodland is one of the treasures of this country, as it is all over, and we are losing too much of it. It is therefore important to look at exactly what is happening. He mentioned the replacements proposed by HS2, but of course you cannot replace an ancient woodland. I have to say also that some of the trees that have been planted in the Colne Valley and elsewhere are just sticks with a bit of plastic around them. HS2 did not water them, saying that it was not economic to do so when the weather is bad. We have to watch HS2 like a hawk on all these things.

I should draw attention to my interests not only as the president of the Colne Valley Regional Park, which is technically not a part of this project because it was in phase 1, but as a trustee of the Bat Conservation Trust and a council member of the Royal Society for the Protection of Birds. Noble Lords will know of my great interest in preserving biodiverse areas.

In phase 1, which was 240 kilometres long, 34 ancient woodlands were directly affected and 27 indirectly affected. “Indirectly affected” can mean anything from light pollution—there are ongoing problems in the Chilterns with the effect that has on bats, including on endangered and listed species—but I refer to the 34 woodlands that were directly affected. The phase we are now talking about involves some 64 kilometres in which 10 ancient woodlands will be directly affected and seven indirectly affected. As a proportion, more woodlands will be affected by phase 2a than in the first phase.

What can we do about this? I have to try to put myself in the position of those people, many of whom are with us in the Grand Committee today, who are such firm advocates of this project. What I want them to understand is that HS2 Ltd must deal with these subjects in a measured way by being honest and coming forward. I am not even going near the issues of inflation that my noble friend Lord Blencathra raised so eloquently. HS2 does not listen to the concerns of NGOs, Members of Parliament or ordinary members of the public. As an example, when I ceased to be the Member of Parliament for Uxbridge, I was succeeded by no less than the current Prime Minister, but he has just as much trouble getting answers out of HS2 as I did. It was not just because the company did not want to answer me, although it may have felt like that, so this is very important.

That is why Amendment 4, in the name of the noble Lord, Lord Berkeley, is absolutely crucial. We have already heard that the Government are saying there should be a review every six months, while the amendment asks for one every quarter. I think that a quarterly review is better because a lot can go on in those other months. I shall say this to the fans of HS2: if they want to get people on side, they have to be able to convince them that HS2 is a listening organisation and will do what it must to try to remedy the damage that it is doing, and indeed to avoid doing damage.

It is no good HS2 just riding roughshod. It is pretty obvious to me, and I hope to many noble Lords, that this project is deeply unpopular not just among those along the line, living in the countryside, whose lives are affected —it also affects urban areas, of course—but among a large part of the whole nation. They are concerned about the spiralling costs. It is time for us all to have a really close look at how this project is going, and I therefore support both amendments.

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

My Lords, I declare an interest as the chairman of the Woodland Trust, as previous noble Lords have indicated. Like other noble Lords, I thank the Select Committee, chaired so admirably by the noble and learned Lord, Lord Hope, for its work. It made some valuable recommendations on behalf of ancient woodland protection.

I speak in modified support of Amendment 4, in the name of my noble friend Lord Berkeley, and Amendment 9, in the name of my noble friend Lord Tunnicliffe. I will focus on the impact of HS2 on irreplaceable ancient woodland. I also pay tribute to the noble Lord, Lord Blencathra; I support everything that he said on Amendment 9. His defence of the importance of biodiversity and ancient woodland were quite lyrical and based on his huge in-depth knowledge of the policy framework for these areas and the practice on the ground. It would behove us all to listen to the noble Lord, Lord Blencathra, especially when he is offering us large drinks afterwards.

Phase 2a of HS2 is, in terms of ancient woodland, a bit like

“Just when you thought it was safe to go back in the water”,

that inimitable phrase from “Jaws 2”, because phase 1 is working out badly enough in its impact on ancient woodland—those natural cathedrals of biodiversity and trees. Phase 1 of HS2 directly affects 34 ancient woodlands and indirectly impacts 27. Phase 2a, which is covered by this Bill, is one-quarter of the length of phase 1; it directly impacts 10 ancient woodlands and has a number of indirect impacts. The rate of damage has increased per kilometre of track in phase 2a, compared pro rata to phase 1. There will be further loss and damage to ancient woodland caused by the subsequent phase 2b. This is strange, in my view, when seen against the current policy background.

Only last year, the Government increased the protection for ancient woodland in planning guidance. As the noble Lord, Lord Blencathra, said, there is now a policy steer from government about net biodiversity gain from all developments, apart from major infrastructure schemes. HS2 Ltd assured Parliament at the beginning that the project would deliver no net loss of biodiversity. But it has acknowledged that ancient woodland is irreplaceable and therefore cannot be damaged without there being a net loss of biodiversity. I would support the call of the noble Lord, Lord Blencathra, for the Government to commit to net gain in all their sponsored projects, including major infrastructure schemes.

If it were not so serious, it would be almost laughable to see HS2 Ltd digging up ancient woodlands in phase 1, carting them across the country and dropping them off elsewhere, in the pious hope that something might survive and re-establish. For the record, I assure the Committee that there is no evidence at all that this translocation of ancient woodland works. Let us not kid ourselves that these activities, which are quite expensive, do anything more than act as a fig leaf. The Minister has heard me bang on about this so many times that I am sure she is bored. She will no doubt tell me yet again that there are 52,000 fragments of ancient woodland still left in Britain, so losing a few is just regrettable. That is like saying, “If Salisbury Cathedral or York Minster bit the dust, let’s not worry—after all, there are lots more cathedrals”.

The amendment proposed by my noble friend Lord Berkeley would require the Secretary of State to publish quarterly reports on the environmental impact of the scheduled works. I very much support the concept of regular reports and I will explain why in my comments on the environmental performance of the scheme, although quarterly is perhaps a bit too frequent. The amendment tabled by my noble friend Lord Tunnicliffe would require the Secretary of State to publish an annual report detailing the impact specifically on ancient woodlands.

Such reports are important because it has not been at all easy to get reliable and up-to-date data on the HS2 project’s impact on ancient woodlands from either the Government or HS2 Ltd. However, although these reports would be valuable, they would do the job only if there is a process for the Government to review them, learn lessons and lay out the alterations they will require to reduce the impacts of forthcoming works, and how HS2 Ltd will be held to account for existing impacts which were sometimes in excess of those permitted, and reduce or avoid those yet to come. I hope that a toughening up of these amendments might be considered at Report.

Allan Cook, chairman of HS2 Ltd, is very proud of the engineering innovation and ingenuity this project is delivering. Regular reporting on ancient woodland impacts by HS2 would enable him to demonstrate that engineering and ecological innovation and ingenuity would be increasingly deployed to reduce and, I hope, eliminate adverse impact on ancient woodlands. I do not believe that this is impossible—where there’s a will, there’s a way—but it is about not just HS2 Ltd but the Department for Transport taking ancient woodland seriously and showing some leadership in bringing forward actions that put flesh on government policy commitments to better protection for ancient woodland.

This is a deeply unpopular scheme. I was amazed to hear that the vast majority of complaints received about it have been based on its biodiversity, ancient woodland and natural site-based impacts. There must be more we can do to address the distress of many people at what the scheme is doing to our natural habitats. If the Government do not favour these requirements to report, what changes to the process would the Minister propose to ensure that the lessons from previous destruction are taken on board openly and transparently and reduce the destruction of and damage to ancient woodland, rather than simply barrelling on, doing the same thing we have unsuccessfully and damagingly done in the past?

Network Rail’s Enhancements Pipeline

Lord Randall of Uxbridge Excerpts

Wednesday 21st October 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

As the noble Lord has mentioned, that particular project is at stage 2, which is the “develop” stage; it needs to go to “design” and then to “deliver” to be built or reopened. The pipeline is always very ambitious, and it is the case that a project getting into the pipeline does not necessarily mean that it will be delivered—it will depend on the value-for-money and various other considerations over that period. I cannot comment specifically on the Colne-Skipton railway, but it will be reviewed alongside all the other projects. That does not mean that it is going backwards in any process.

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

My Lords, I declare my interest as a trustee of the Bat Conservation Trust and say to my noble friend on the Front Bench that if she wants more information about the barbastelle bat, I am happy to give it. Does she think, with the benefit of hindsight, that the first phase of HS2 would not have got the green light considering the huge increase in cost and environmental damage in any such review as we are now looking at? [Interruption.]

[Baroness Vere of Norbiton (Con)]

I am not sure if my noble friend’s dog was asking a question at the same time as him. The Government continually review the value-for-money case for HS2; indeed, it was reviewed fairly recently by Lord Oakervee. The Government are committed to delivering this project.

Highway Layouts

Lord Randall of Uxbridge Excerpts

Monday 7th September 2020 Lords Chamber

[Baroness Vere of Norbiton (Con)]

The Government have clearly set out within RIS2 the schemes that will be invested in and the enhancements that will be made. As the noble Baroness will know, for enhancements it is often not a case of building a new road—very few absolutely new roads are ever built—but of improving the existing roads and, as importantly, maintaining our existing infrastructure. I reassure her that, for example, within the funding envelope of RIS2 there is a designated environmental and well-being fund which can be spent not on specific schemes but where it is best needed. That fund amounts to £345 million.

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

I am confident that my noble friend recognises the importance of biodiversity in highway verges. I urge Her Majesty’s Government to seriously consider creating meaningful nature corridors alongside any new-build highways.

[Baroness Vere of Norbiton (Con)]

I reassure my noble friend that we certainly consider nature corridors along new highways—not for all of them, because obviously not all are suitable for that sort of thing. Highways England has a huge commitment to biodiversity. For example, my noble friend will be pleased to know that we will improve the habitat alongside the M6 corridor from Preston to the border with Scotland.

Airport Expansion

Lord Randall of Uxbridge Excerpts

Monday 2nd March 2020 Lords Chamber

[Baroness Vere of Norbiton]

This is an important point, but it is a complex and important judgment running to several hundreds of pages. The Government are taking their time to consider the judgment, and we will set out the next steps for the Airports National Policy Statement and other matters in due course.

[Lord Randall of Uxbridge (Con)]

My Lords, I congratulate the Government on not appealing this judgment. That is a very wise decision. Is my noble friend confident that other plans the Government have, such as HS2, will also be in line with the Paris commitment?

[Baroness Vere of Norbiton]

This is of course incredibly important, because there are potential read-acrosses to various other infrastructure builds. However, we are confident that they fall within our climate obligations.