Shipping: Safety

Lord Rosser Excerpts

Monday 27th March 2017 Lords Chamber

[Lord Ahmad of Wimbledon]

Unlike the noble Lord, I cannot claim to have 4,999 close friends. There are many noble friends in your Lordships’ House, but, even if we went on a cruise together, I am not sure that we would quite reach that standard.

[Lord Rosser (Lab)]

My Lords, can I clarify the Government’s position on this question? Bearing in mind the increasing number of British citizens who go on cruises, can the Minister—I do not think that he has done it so far—give an assurance that the Government are satisfied that the existing safety of life at sea regulations on evacuation in an emergency and the associated crew training and practice drill procedures reflect the reality of today of much larger cruise liners than before carrying many thousands of passengers and crew?

[Lord Ahmad of Wimbledon]

I can give that assurance. We are working on several streams; first, looking at adapting existing fleets in accordance with the challenges and the way in which the industry operates; secondly, looking at crew training; and, thirdly, ensuring that emergency and evacuation procedures reflect the language of those travelling on those ships. So, yes, we are satisfied, but one can never be overly prepared for such emergencies. When such incidents happen, the real test will be of the stability of the ship, the operation of the safety regulations and how well crew members are versed in them, and how well educated and informed are the travelling public. Work is going on to improve that. I suggest to the noble Lord that it should be an ever-evolving exercise, so we look to embrace the latest technologies and address the concerns which noble Lords are right to raise.

Drones

Lord Rosser Excerpts

Tuesday 28th February 2017 Lords Chamber

[Lord Rosser (Lab)]

I believe that the Government’s consultation document is 58 pages long. It covers a wide range of issues relating to drones and is not just about safety and security. We cannot wait months while the Government consider their response to all the many questions posed in the consultation document about drones before decisions are made on what changes are needed to the safety and security laws and procedures. Will the Government give a clear and unambiguous assurance today that the issue of safety and security and the responses received on the issue will be treated as the number one priority for conclusions to be reached, and that decisions will be announced following the conclusion of the consultation in the middle of this month—and dealing with the safety and security issue will not have to wait until the Government have reached their conclusions and made their decisions on all the other issues relating to drones raised in the consultation document?

[Lord Ahmad of Wimbledon]

My Lords, just to correct the noble Lord, I am sure that he meant “next month”. I was just checking dates—and I know that there was a late ending yesterday. Towards the middle of March we will, as I said, be concluding the consultation. He has asked me before about timelines; we are looking to produce our consultation results, including the important areas that he mentioned—and yes, the Government have prioritised those areas. The consultation looks comprehensively at those issues and the positive use of drones, and we will look to produce our conclusions from that consultation in the summer of this year.

HS2: North of England and Scotland

Lord Rosser Excerpts

Thursday 23rd February 2017 Lords Chamber

[Lord Ahmad of Wimbledon]

Crystal ball gazing is not my expertise, but it is important that this is a phased project. It is right to look at building the first phase of this project. I am being advised by certain noble friends that I should say “shortly”. Perhaps I will not go to that extent, but I have already indicated that northern powerhouse rail, together with DfT, Network Rail and HS2 are already undertaking work, and we will produce a report towards the end of 2017 that will underline the importance of this connectivity.

[Lord Rosser (Lab)]

My Lords, can I ask when the final route plans for HS3—

[Lord Shutt of Greetland (LD)]

My Lords—

[Noble Lords]

Order!

[Lord Rosser]

Can I ask—

[Lord Shutt of Greetland]

Come on—get back to me.

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, this is not the kind of behaviour we want to see during Question Time. We will go to the Labour Front Bench.

[Lord Rosser]

My Lords, can I ask when the final route plans for HS3 will be published, and when the hybrid Bill for the next stages of HS2 to Crewe, Manchester and Leeds will be published? I hope that the Minister will be able to answer that question, but of course if he cannot he could always say “shortly”.

[Lord Ahmad of Wimbledon]

I will be the first to say that perhaps we are overusing the word “shortly” in this regard. On the first part of the noble Lord’s question, about links between the great cities of the north, I have already indicated that a report on a single integrated strategy will be produced by the end of 2017. We hope that the Bill for the next phase of HS2 will be introduced later this year, as I have also already indicated. Once I have a specific date, I will of course share it with your Lordships’ House.

Brexit: Transport

Lord Rosser Excerpts

Monday 6th February 2017 Lords Chamber

[Lord Rosser (Lab)]

I thank the noble Baroness, Lady Randerson, for securing this debate on an issue that is not necessarily at the top of the list when we consider the implications for this country of leaving the European Union, despite the fact that transport plays a critical role in supporting our economy. For that reason, there needs to be some clarity over what we are seeking to achieve in the forthcoming negotiations on our exit from the European Union in respect of each of the major sectors of our transport industry. The priority should be, at the very least, to avoid any adverse impact on jobs, the economy and living standards. Are those the Government’s priorities or do they consider other objectives more important? If so, what are those different priorities?

Our aviation sector is the largest in Europe and the third largest in the world, supporting some 1 million jobs. Airlines that operate from within the UK are able to rely on the EU single aviation market, which allows any airline owned and controlled by nationals of EU member states to operate freely anywhere within the EU without restrictions on capacity, frequency or pricing. Additionally, EU carriers are able to take advantage of the traffic rights contained in the many air services agreements that the EU has negotiated on behalf of all member states with non-EU countries.

At present, we are a de facto signatory to these agreements as an EU member state. When we leave the EU, and if we do not retain any form of European common aviation area membership, our airlines will need to negotiate new rights, from outside the EU, to operate freely within the EU and to operate transatlantic routes. What are the Government’s objectives in relation to protecting, or not protecting, the existing rights of our airlines over where they can fly under existing European aviation agreements? The Government’s White Paper is not as clear as it might be on this point, referring in paragraph 8.32 to,

“a clear interest for all sides to seek arrangements”.

Between 2011 and 2015, a quarter of all European Investment Bank lending to the United Kingdom was for transport projects. Transport for London, for example, borrowed £1 billion from the EIB to part-finance Crossrail. In addition, the European Commission provides direct funding for transport infrastructure projects. Half the cost of the ground investigation works for phase 1 of the HS2 route between London and the West Midlands was funded from Europe, and potential EU funding formed part of the Government’s case for giving HS2 the go-ahead. Will the Government confirm that they will make up any shortfall in investment in the rail network arising from the loss of direct EU funding or loans from the European Investment Bank? Will the Government also say what they estimate that shortfall in investment is expected to be?

The main European Union legislation as it relates to railways is contained in the three railway packages that have been passed, and in the latest fourth railway package. The individual pieces of legislation which make up these packages are wide-ranging and include prescribing how railways can be structured, financed and run. To what extent do the Government see these packages, and the measures they contain, as relevant and applicable to our rail industry beyond the immediate term, once we have left the European Union? On road haulage, will the Government seek to ensure, as part of the Brexit negotiations, the continuation of the practice that enables British hauliers to carry goods between EU member states? Or do the Government not see this as a priority once we have left the European Union?

Will the Government also seek to ensure that British driving licences will continue to be exchangeable with those of EU member states after we have left the EU, so that UK nationals, for example, who migrate to a country in the EU will not have to take another test in the new country? Or will this issue not be a priority for the Government? More than one-fifth of UK international trade involves transport by ship to and from EU countries, and more than 90% of UK trade in weight is handled by ports. If it is the Government’s expectation that we will no longer be part of the single market and the customs union, what guarantees can the Government give that this will not involve establishing new customs checks on imports and exports, which could cause considerable congestion at UK and mainland European ports and will potentially have an adverse impact on maritime trade and our maritime transport sector, as well as on road, rail and airline freight traffic?

However, it is not just the movement of goods that could be an issue following Brexit. The main transport sectors have been affected by the movement of people across mainland Europe seeking to come to this country. One unauthorised method of trying to reach this country has been through seeking to travel undetected on a heavy goods vehicle. Certainly until recently, some leading figures in the road haulage industry considered that the number coming to this country in this way ran into the tens of thousands per year despite, for example, the checks undertaken, and co-operation given, at ports on the other side of the English Channel.

Can the Minister indicate what the Government’s estimate is of the number of people gaining unauthorised entry to this country per year, and how they intend to address this situation during the negotiations on our withdrawal from the European Union, bearing in mind the current impact on our transport industry despite the checks and co-operation, and the potential impact after we have left the European Union? Will our withdrawal from the European Union lead to the need for more extensive and time-consuming checks at our own ports to control and stop unauthorised entry into this country, or is it envisaged that the existing co-operation and support we receive from adjacent mainland European countries over checking for unauthorised entry to this country will continue after we have left the European Union?

If that existing co-operation and support is less likely to be offered when we break away from, and cease to be part of, the European Union, what do the Government consider could be the consequences for border checks at our points of entry and for those sections of the road haulage, rail and maritime transport industries in this country that are involved in the international carriage of goods and passengers?

There are other potential impacts of Brexit on the transport industry in this country that I have not touched on, including impacts in the fields of the environment and health and safety. I hope, however, that the Minister will be able to provide some answers to the questions I and other noble Lords have raised in this debate about the potential impact of Brexit, and the Government’s objectives and priorities for the different sectors of our transport industry in the forthcoming negotiations on our withdrawal from the European Union.

Railways: Fares

Lord Rosser Excerpts

Tuesday 31st January 2017 Lords Chamber

[Lord Ahmad of Wimbledon]

The noble Lord is right to raise the important issue of compensation for Southern passengers. The Government are acutely aware of the challenges on that network, as many from across your Lordships’ House have also made clear to me during our debates on this issue. As the noble Lord will be aware, we have issued additional compensation schemes but we continue to work with and monitor Southern, and to hold it to account for any issues which arise. If the noble Lord has specific matters or a particular case to raise, I ask him to please write to me.

[Lord Rosser (Lab)]

Why do the Government keep claiming that the regulated fare increases are needed to fund the investment programme in the railways, when the increase in fares paid by rail passengers is really intended to achieve a continuing reduction in government subsidy, and a continuing increase in the percentage of rail costs that are paid for by hard-pressed fare-paying passengers to well beyond that in nearly every other country?

Southern Rail

Lord Rosser Excerpts

Tuesday 31st January 2017 Lords Chamber

[Lord Ahmad of Wimbledon]

I agree with my noble friend, and that is why my department monitors the operational and contractual performances of all franchises. If a franchisee does not meet its contractual commitments, the Secretary of State will make a decision on next steps.

[Lord Rosser (Lab)]

What benefits have current Southern rail passengers gained from a private operator running their railway service under the present franchise agreement, in view of the extent of the widely recognised poor performance from that train operator over the past two years not related to industrial action?

[Lord Ahmad of Wimbledon]

We are acutely aware of the challenges which everyone who uses that franchise currently faces. The noble Lord tries to distinguish the effect of the industrial dispute, which, as I have always said from this Dispatch Box, has compounded the challenges that Network Rail is facing. The Government have committed an extra £300 million to investment on the Brighton main line. Let us contextualise the industrial dispute, as I have done before. RMT is out on dispute on a new contract. Every train supervisor, as they are now called, has signed that contract—every one; not one is exempted. They are working on the new contract. There are no job losses on the new contract. There is no pay cut on the new contract. What is more, they are guaranteed a job until 2021—even I cannot lay claim to that.

High Speed Rail (London–West Midlands) Bill

Lord Rosser Excerpts

3rd reading (Hansard): House of Lords
Tuesday 31st January 2017 Lords Chamber

[Lord Rosser (Lab)]

Although the amendment is listed as changing one word, it would in fact change just one letter; it would substitute “t” for “w” in the word “now”. In so doing, it seeks to consign HS2 to the dustbin.

HS2 was initiated by a Labour Government and was taken forward first by the coalition Government and then, following the general election, by the present Government. There is clearly a mandate to proceed. The Bill has been debated and considered both in this House and in the Commons and has been the subject of detailed consideration by Select Committees of both Houses. I hope that the Government will look favourably on the outstanding compensation issues that have still to be determined.

The Companion to the Standing Orders indicates that, on an amendment of this nature at this stage:

“Any remarks should be brief and should not seek to reopen debates at previous stages of the bill”.


Consequently, my remarks will be brief. First, I thank the Minister, his ministerial colleagues and the Bill team for the way in which they have dealt with the debates as the Bill has progressed through this House and for the full responses that they have sought to give to issues that have been raised both in the House and at meetings. I also thank my noble friend Lord Tunnicliffe for his most welcome and much-appreciated advice and guidance and Hannah Lazell in our office for the considerable work that she has put into the Bill, which has been of such help to me. Finally, I thank the members of your Lordships’ Select Committee, who considered the Bill in detail over some months, for their invaluable and painstaking work.

The amendment is fatal and hardly appropriate for the unelected House to pass, even more so when the Bill has already been passed in the Commons by, as the noble Lord, Lord Adonis, said, an overwhelming majority of over 350. HS2 will bring a major and much- needed addition to this country’s transport infrastructure, including relieving the increasing pressure on the west coast main line—an issue that has to be addressed and cannot just be ignored and waved away. The pros and cons of HS2 have been considered and debated for a number of years. Inevitably, there will be some who will never feel able to agree to it, but the time has now come to make a decision. That decision must be to proceed. We can do that now by ensuring that the amendment, if put to a vote, is defeated and that the substantive Motion that this Bill do now pass is agreed.

[Lord Ahmad of Wimbledon]

My Lords, I thank all noble Lords who have spoken in the debate. I recognise the strength of feeling expressed by my noble friend in raising this issue. Indeed, I met him again only yesterday to see whether we could allay some of his concerns. I do not share the experience that he cited of the passage of the Bill in your Lordships’ House; I am sure that most noble Lords across the House share my sentiment. Several noble Lords have rightly, at various stages of the Bill’s passage, challenged aspects of cost and detail, but—I look across the House to the noble Lords, Lord Berkeley and Lord Bradshaw—they made it clear that, while challenging key aspects of the construction of HS2, they did so with the understanding and absolute assurance that they were committed to the project.

The noble Lord, Lord Adonis, clearly articulated the benefits of HS2 and I thank him for putting the whole project into context and correcting some of the history of railways in our great country. He talked about the time pre-1838, before Queen Victoria’s coronation. I am surprised that the noble Lord, Lord West, is no longer in his place, but I am sure that he made a particular note of that.

My noble friend Lord Framlingham rightly raised the issue of costs and the control of costs. It is right that your Lordships’ House challenges the basic element of costs. However, given the recent experiences of infrastructure projects and the intense debates, discussions and scrutiny in Select Committees of both Houses on the Bill, it was very clear that that issue would be addressed. Noble Lords from across the House quoted the positive nature of projects such as Crossrail that are running to time and budget. The noble Lord, Lord Adonis, talked about the brave new world in which our country finds itself. It is projects such as Crossrail that we are taking to the world to showcase the best of British engineering, supply chains and apprenticeships. I believe earnestly that HS2 provides opportunities of this magnitude. For example, the training facilities associated with the skills element of the HS2 project are an important legacy of any infrastructure project.

I assure my noble friend again that the scrutiny of costs will not only be internal. As I am sure he is aware, the Commons Public Accounts Committee and the National Audit Office have already produced several reports on the costs of HS2, which are publicly available. These bodies will continue to examine the cost of HS2 as we move forward and as more detailed costs on the project become available.

I am mindful not to detain your Lordships’ House longer than necessary. It is important that this project is supported across your Lordships’ House, as it is in the other place. My noble friend Lord Framlingham raised the issue of the CBI and the BCC. They are fully supportive of HS2 and have gone on record to say that the additional capacity it will create is vital.

We have debated, discussed and scrutinised this Bill and this project in the true traditions of parliamentary democracy. In closing I again pay tribute to the incredible work that the Select Committees of both Houses have done. My noble friend has been a Member of both Houses and is testament to the incredible work that Select Committees do in scrutinising petitions to ensure that, whoever the petitioner is, their voice is heard, considered and validated. If valid concerns are raised, Bills and projects can be amended—and the same is true of HS2. If you look at the course of the Bill and its progress through your Lordships’ House—I commend the Select Committee analysis of the various petitions—you will see the detailed scrutiny, analysis and recommendations of your Lordships’ Select Committee, all of which the Government have accepted. As I said, there were differences of opinion and we have sought to resolve them. I thank all noble Lords who worked on a constructive basis in that sense.

As I said to my noble friend, both in your Lordships’ House and in other meetings we have held, I appreciate that he has been consistent in his position in opposing this project. However, we have addressed and scrutinised this issue and the project and we have put in place the checks and balances necessary to ensure that the cost implications of the project have been fully considered and will continue to be so. I implore my noble friend, even at this late stage, to consider carefully the responses I have given and the valid processes, checks and balances that we have put in place. As we have heard, this project is not only necessary for investment in our railways but is important to ensure connectivity, capacity and that our country is truly a 21st century country on the world stage.

My noble friend has made his consistent position absolutely clear. He knows that I have respected his position throughout the process, as I assured him again yesterday. However, when he reflects on the debate this afternoon, the other debates and scrutiny that have taken place and the assurances that the Government have given, I hope he will be minded to withdraw his amendment.

Autonomous Road Vehicles

Lord Rosser Excerpts

Wednesday 25th January 2017 Lords Chamber

[Lord Ahmad of Wimbledon]

The noble Baroness referred to Southern rail. I am sure that across the House we welcome the fact that one of the two unions is now sitting down to talk. That will be welcomed not just by those who use the network and who have particularly suffered over a long period but by us all. We hope that the result of those discussions will be positive. She talked about the importance of innovation and autonomous vehicles coming on line. Of course, she is right to raise insurance and other areas related to the use of such technology. The DfT is investing a great deal of time in research and development and in talking to the industry in exactly the way that she has suggested.

[Lord Rosser (Lab)]

Before Southern rail tracks are tarmacked over, perhaps I may again take the opportunity to ask the Government the question that I asked the other week but to which I received absolutely no answer—namely, what financial penalties has Southern rail or its holding company, Govia, had to pay for poor performance unrelated to industrial action over the last 18 months under the terms of the franchise agreement providing for them to operate the rail service?

[Lord Ahmad of Wimbledon]

As the noble Lord is aware—we have already had an exchange on this—first, we hold the company to account. My honourable friend the Rail Minister meets the company once a week. Secondly, we have levied penalties in accordance with the current contract. Thirdly, as he is fully aware, the operator has invoked force majeure clauses. We need to look at each case before we decide on further action, and that work is nearly complete. However, to put it into context, as some noble Lords may know, there were 10,000 different cases and claims of force majeure between April and June, and that underlines the challenge that we face.

High Speed Rail (London-West Midlands) Bill

Lord Rosser Excerpts

Report stage (Hansard): House of Lords
Tuesday 24th January 2017 Lords Chamber

[Lord Rosser (Lab)]

My Lords, after what has been said, I suppose I ought to add my thanks to the members of the Select Committee. In saying that, I did express my thanks to them in Committee. I also expressed my relief that I was disqualified from sitting on the committee at all.

The amendments in this group call for,

“a review of the merits of establishing Old Oak Common station as an interim eastern terminus for Phase One of High Speed 2”,

with construction work not beginning until the report of the review has been published. This debate has not done much to put Old Oak Common on the tourism map, despite the later comments of the noble Lord, Lord Adonis, about its future.

We had some discussion about Old Oak Common in Committee. An amendment was moved calling for a spur from it to the West London line north of Shepherd’s Bush to improve access to HS2 for people to the south of London. I seem to recall that I asked the Government if they were looking at improving connections between HS2 and other suburban lines in the vicinity of Old Oak Common to improve access to HS2. In his response, the Minister said that the West London Line Group, which had put forward proposals for the link from Old Oak Common to the West London line, had met DfT officials to discuss their proposals and that those discussions would continue. Perhaps the Minister could give us an update on the progress being made in these ongoing discussions.

I understand that the issue of Old Oak Common was considered during the Lords Select Committee hearings—noble Lords on the Select Committee confirmed that in their contributions today. The committee has not made any recommendations on this matter nor suggested that the Government should consider going down the road called for in the first amendment. In the light of this, we do not intend to either.

The second amendment in this group calls for an estimate of the costs for carrying out all the phase 1 works, with the breakdown set out in the amendment to be published, and the construction work not starting until that has been undertaken. What has prompted both the first and second amendments in this group is a view that the work cannot be carried out within the overall figure given by the Government. In Committee, the noble Lord, Lord Bradshaw, said that there was a good case for having an independent assessment of the costs and particularly for considering such things as how long HS2 could terminate at Old Oak Common. This could, perhaps, be a considerable period of time which could save a considerable sum of money. Costs are vital. The noble Lord, Lord Adonis, said in Committee:

“I cannot emphasise enough that the single biggest threat to this project is cost overruns in building the core of it, between cities where there is massive traffic—namely, Birmingham, Manchester, Leeds and London”.—[Official Report, 10/1/17; col. GC 62.]


The Government have committed themselves to a figure for the construction of HS2 stage one. Different bodies, including the National Audit Office, have looked at the figures and some have produced reports. The costings will, I understand, continue to be the subject of consideration by these bodies as the work progresses and more detailed figures are available. If the overall figure for the cost of construction is breached, it is the Government who will be held accountable—not least by us—since it is the Government who have said that the figures are accurate and can be trusted. They will have to explain why they got their figures wrong if the overall cost is breached, and why it would not have been possible to have got those figures right before construction started.

We do not want to go down the road of further amendments that could delay the starting of this project, which has already been the subject of so much consideration by so many people and bodies, including a Select Committee of this House. If the Government want to go down the road of the second amendment in this group without delaying the start of the project, that is a matter for them. However, one suspects that the production of further figures that have not been produced already, which presumably is what is being sought, would not bring the issue of costs to a conclusion, since there would inevitably then be challenges to the further breakdown of costs provided and the basis on which they were calculated. Our position, as I have said, is that we do not wish to see further delay to the start of this project, and behind the first amendment is clearly a major potential change.

On costs, at this late stage after so much consideration and examination of the project, it is now the Government and the Government alone who will be held accountable for any figures that prove significantly wrong and for any consequential cost overruns, since they have a responsibility to satisfy themselves that the cost estimates they have given are credible and accurate.

[The Parliamentary Under-Secretary of State, Department for Transport (Lord Ahmad of Wimbledon) (Con)]

My Lords, I thank all noble Lords who have participated in the debate on these amendments. I join other noble Lords, including the noble Lords, Lord Faulkner, Lord Adonis and Lord Rosser, in adding my thanks—I did so in Committee and I do so again—to the Select Committee and all its members, some of whom are present, for their diligence, perseverance and indeed thorough examination of the raft of different petitions that were presented to them. Indeed, we have reflected on them already in Committee.

I start with an appreciation. The noble Lord, Lord Berkeley—and, in moving the amendment, the noble Lord, Lord Bradshaw—made it clear in their overall intent that they are both supportive of the Bill and indeed of the construction of HS2. Indeed, the majority in your Lordships’ House recognise the importance of this railway in terms of our future railway infrastructure.

I turn to the amendments. Whether there is an advantage in using the proposed new station at Old Oak Common as a temporary London terminus for phase 1 of HS2 was, as we have heard, examined in detail by Select Committees not just in your Lordships’ House but in the other place. As was set out, the proponents of this option believe that using Old Oak Common as a temporary terminus would provide several advantages, including less impactful construction works at Euston, less disruption to services on the west coast main line and the opportunity to allow a more comprehensive redevelopment of Euston to be undertaken. I do not dispute the intentions behind the amendment but it is for that reason, as noble Lords will appreciate, that the Government have already investigated these proposals in detail. I am minded to agree with my noble friend Lord Brabazon, who speaks with great expertise in this area, that the implication of accepting such an amendment would impede the progress of the Bill.

I will go briefly into the detail of this. We looked at many options put forward by petitioners to the Committee in the other place about options for terminating HS2 services at Old Oak Common temporarily or permanently, as well as splitting the termination of services between Old Oak Common and Euston station. I do not wish to go into the detail on the permanent use of Old Oak Common as a terminus or a splitting of services, as those issues are not the subject of the noble Lord’s amendment and would go against the principle of the Bill as has been agreed by both Houses. However, I note that the overall outcome of the work that was undertaken on those options demonstrated that a complementary solution of two stations at the start of services in London would be the best for HS2 passengers. Putting all our new passengers in one station would overload that station, and it is also important for the strategic objectives of HS2 to bring the benefits of the new railway to as wide an area as we can.

Permanently terminating a portion of HS2 trains at Old Oak Common, in order to be able to descope the proposed Euston station and reduce its footprint as a result of having to cater for fewer passengers, was also considered. The conclusion was that this would, as we have heard from my noble friend Lady O’Cathain, still result in most of the passengers who terminated at Old Oak Common having to change trains in order to reach Euston and incurring several minutes of additional journey time and inconvenience in doing so.

The detailed work that the Government undertook to investigate using Old Oak Common as a temporary terminus, primarily in response to the petitioners from the Camden area, looked at a number of scenarios and demonstrated that using Old Oak Common as a temporary terminus would not eliminate the construction effects and impacts in Euston. This was because there would still be a requirement to construct the tunnels into Euston in order to facilitate the fit-out of the railway further south—that is, the long rails, the overhead line and the other control systems that go with it—which as I understand it will go through sequentially from Old Oak Common, indeed from the depots north of Old Oak Common. It would not be practical to do that fit-out once we had started running trains in any economic fashion.

We also considered using a temporary terminus at Old Oak Common to allow staging of works if one part of the railway construction was slightly delayed by a few months or to facilitate a kind of test-run phase. We concluded that while it would be possible to turn round a few trains at Old Oak Common since the station will have the resilience to do so, this is not the same as turning round trains to a timetable or turning them round without delay. Old Oak Common has been designed as a through station. It will have the ability in emergency situations, such as security or safety events, to be used to get people off trains and turn trains round. However, that is an emergency situation, not a timetabled commercial service situation. I also note that while Crossrail would be able to provide onward journey opportunities for passengers alighting at Old Oak Common, if HS2 passengers consumed the capacity to get into the city centre it would be to the detriment of the capacity and growth opportunities which would otherwise be possible on that new Crossrail service.

The new station at Old Oak Common will facilitate an interchange between HS2 services and the national rail and Crossrail networks on the west coast main line. We consider that between a quarter and a third of all HS2 passengers will choose to use Old Oak Common rather than come to Euston, mainly for those destinations best served by the new Crossrail line. The remaining two-thirds of passengers who are still on the train beyond Old Oak Common will, as we heard from the noble Lord, Lord Adonis, have good access across both central London, London suburbs and to other mainline stations.

I hope that by listing the consideration that was given, I have demonstrated that the temporary termination of HS2 services at Old Oak Common has already been fully explored. That work showed no further merit in investigating this option further and indeed as neither of the Select Committees of either House that also examined this issue saw fit to make any recommendations regarding it, I suggest that the details of this amendment have been looked at. I therefore hope that the noble Lord will withdraw it.

With respect to the amendment of the noble Lord, Lord Berkeley, on cost estimates, as the noble Lord himself acknowledges, last week I met him to discuss the work that he had commissioned on the costs of phase 1. Indeed, Mr Bing, to whom he referred, was also present with officials from my department and from HS2. I disagree with the noble Lord, Lord Bradshaw, when he says that the figures presented are flimsy. They are not. I am confident of the robustness of our costs. Indeed, Mr Bing himself acknowledged the expertise of those present from HS2 in terms of providing and determining these costs. What was clear from the costs that Mr Bing had presented vis-à-vis the costs that the HS2 technical experts were presenting was that there was a difference in the basis on which they were detailed. That said, we are confident of our own cost analysis. In response, and in the spirit of openness that I hope I have demonstrated during the passage of this Bill, I have suggested to the noble Lord, Lord Berkeley, further work on how the differences in cost estimates occurred so that these issues may be addressed. I believe that he has taken up this offer with Mr Bing.

The Government in no sense underestimate this issue of costs. Infrastructure projects are a serious matter and—as the noble Lord, Lord Berkeley, has acknowledged on the Crossrail project—their costs are a major determinant of their success. Therefore, as many will be aware, an updated cost estimate for the project is being published at each iteration of the business case, the next such iteration being due in the summer of this year.

The project as a whole, including its cost estimate and business case, is, as we have heard from several noble Lords, subject to regular independent reviews from the Infrastructure and Projects Authority and the Public Accounts Committee. Having illustrated the checks and balances and our continued belief in the robustness of the costs that have been presented—a point validated in the assessments made by various other bodies, including the Public Accounts Committee—I do not feel that a further independent review is necessary and hope that on the basis that I have detailed, the noble Lord will be minded to withdraw his amendment.

--- Later in debate ---

[Lord Rosser]

I will make a few brief comments. First, I thank the Minister for the consultation that has taken place since Committee with local highway authorities, and for the retabling of the new schedule. Certainly, as a result of what has happened since Committee, a lot of the sting seems to have been taken out of the issue.

However, as the noble Baroness, Lady Randerson, said, there are still some outstanding issues. The noble Baroness mentioned Camden Council. It has indicated to us—and to the noble Baroness—that it is still pursuing certain points with the promoter. It has indicated—no doubt to all of us—that it wants the Secretary of State to provide a justification when using the powers around traffic management in the new schedule.

The noble Baroness, Lady Randerson, referred to the issues of bus lanes, cycleways, the Safer Lorry scheme and the congestion charge zone, and the Minister has already touched on that. However, Camden Council, as I understand it, is asking the Government to agree to specific provisions to ensure that these powers will not affect bus lanes, cycleways, the Safer Lorry scheme and the congestion charge zone, and I would be grateful if the Minister could say whether he feels that he has already met, in his earlier comments, the wish of Camden Council for those specific provisions.

The third request by Camden Council is for an assurance that the promoter of HS2 will meet the costs incurred by local authorities in putting in place, and removing, traffic regulation orders required by the Secretary of State. Perhaps the Minister could comment on that. If he feels that he covered it in his introductory comments, I apologise for raising them again. I am, however, raising them just to make sure that they have been covered.

Will the Minister also say how many organisations or local highway authorities are still making representations to him on this issue? Is the number considerable, or is it fairly limited? Is the number of outstanding points fairly limited? As I understand it—as others have said—discussions are still taking place, and it would be welcome if the Minister could let us know, either now or at Third Reading, whether those outstanding issues have been addressed. It is not unreasonable to ask the Minister to say something at Third Reading, bearing in mind the late arrival of the amendment in Committee and the fact that the Minister agreed to withdraw it and we are having our first discussion on the schedule only today. In that context it is not unreasonable to ask the Minister to update us today, and indeed at Third Reading, on whether there are outstanding issues with local highway authorities.

[Lord Ahmad of Wimbledon]

My Lords, again I thank the noble Lords, Lord Berkeley and Lord Rosser, and the noble Baroness, Lady Randerson, for their contributions, and for making time to meet me and my officials to discuss this issue. As I said in introducing the amendments in my name, I have made full acknowledgement, both in Committee and earlier this afternoon, about the way the amendments were originally presented. We learn from some of the issues that arise both from the legislative process and from the scale of a project such as this. As the noble Lord, Lord Berkeley, said, there are occasions when challenges arise and we try to deal with them. Equally, with infrastructure projects—not just HS2 but other projects coming forward—it is important to learn from experience, as we have from Crossrail. We have been putting in place much of what we have learned from the Crossrail experience, which has been positive, in our discussions.

I will speak to the specific amendments tabled by the noble Lord, Lord Berkeley, and I will address some of the issues raised by the noble Baroness and the noble Lord on issues around existing provisions and assurances. First, I put on record my thanks to the noble Lord for his specific help with the further development of the Government’s amendment on TROs. As I noted earlier, I totally understand the sentiment and I acknowledge the contributions made in this regard.

The noble Lord, Lord Rosser, asked about ongoing discussions. My understanding is that there are ongoing discussions but that they are mainly with TfL. Indeed, the latest meeting took place only a few hours ago—and, as I told the noble Lord, Lord Berkeley, outside the Chamber this afternoon, these discussions are going forward in a positive way, in terms of understanding and taking account of the concerns of, in this case, TfL. I will check, but my understanding—as I said to the noble Lord, Lord Rosser—is that the discussions are only with TfL and that the concerns of other local authorities have been addressed. If that is not the case I will confirm it to the noble Lord, as he suggested.

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[Lord Berkeley]

My Lords, I declare an interest as chairman of the Rail Freight Group. I think I have some good news. I pay tribute the Select Committee’s work on this. I know that it tried very hard and quizzed lots of people as to how it could be done. As is so often the case, when it gets to the stage of involving contractors, sometimes contractors have good ideas. I was talking to some of them and their specialists last week. One of the key ideas is if you bore tunnels from Old Oak Common to Euston and you complete at least one at any early stage, you can take the spoil out through the tunnel. This is a very good idea because you can then deal with it at Old Oak Common. I am told it is possible; they are trying to work it into the programme. If it is possible, the figure for getting spoil and demolition out would probably go up to above 50%—I was told 70% or 80%—which is really good news. In other words, they have come up with some creative ideas. Maybe we were wrong to criticise HS2 in the past for not coming up with such ideas. It has given us a lot of debating time and the committee several days of discussion, but at least people have come up with a good idea. I think four contractors are tendering and I do not know whether they will all adopt this, but it demonstrates that it is possible. I hope Ministers will do all they can to encourage the contractors to be similarly creative.

There is another issue. In Committee we discussed concreting materials and other materials. The present amendment covers just concreting materials. The creative people are now saying, quite rightly, that they cannot bring cement in by train because it takes too long to unload, but that they can bring in most of the concreting aggregate by train and they can put a batching plant for mixing it somewhere on site. I am sure the committee looked at different locations for that; I have, and it is possible. As the noble Baroness said in her opening remarks, there is not a capacity problem for these trains going into Euston at night. It could easily be done.

I hope the Minister will accept these amendments as pointing the way forward to encouraging HS2 to continue to be creative like this. We do not want 1,500 trucks a day in Camden because the construction will last for 19 years—not that all those trucks will be there for 19 years, but they will still there be there for a considerable period. The basic movement out of spoil and demolition material by rail and bringing in concreting aggregate by rail would make a lot of people happy. I am convinced that the project can be done on that basis without any adverse effect on its programme or cost. If it is set up to do that, the contractors will do it well and it will work well.

[Lord Rosser]

As has been said, the amendment calls for a plan to be published for each construction site in the Euston area to show how the number of lorries delivering to or from the site could be limited to meet laid-down restrictions by the weight of materials transported by road, with the remainder being carried by rail. As has been said, this is an issue to which the Lords Select Committee, on which the three main parties and the Cross Benches were represented, gave consideration. The committee said in paragraph 411 of its report:

“We are very strongly of the opinion that as much material as possible should be moved by rail, so as to reduce road traffic congestion and air pollution. However, we are convinced by the evidence that this aim will be significantly more difficult to achieve at Euston, as compared with most of the other projects referred to by Mr Dyer and Lord Berkeley. We are satisfied that HS2 is taking this responsibility seriously, and we are hopeful that significant progress will be made as the time comes for contractors to be appointed and become involved in the detailed planning. In the meantime we see no useful purpose to be served by attempting to set fixed targets. It would be little more than plucking aspirational figures out of the air”.


We do not diverge from the position of the Select Committee. Since it is also our view as much material as possible should be moved by rail, we will not vote against the amendment if it is put to the vote. Indeed, we want to see the “significant progress” made with contractors to which the Select Committee referred in its report.

The amendment does not indicate what should happen once the plan has been published. The plan would be required to set out how the number of lorries could be limited to deliver the restrictions on movement referred to. Presumably, this would be without any detailed reference to costs or any other potential implications. Frankly, rather than the terms of the amendment, with what the Select Committee might or might not regard as its aspirational figures, surely what is required to deliver for the citizens of Camden is a firm commitment from the Government to hold HS2 to the undertaking it has given to maximise the movement of materials by rail, including in the Euston area, despite the difficulties referred to by the Select Committee, with a view to its going well beyond the guaranteed baseline for moving materials by rail of 28% of excavated soil and 17% of imported construction materials. Paragraph 117 of the promoter’s response to the Select Committee’s special report says:

“The Promoter reiterates its overarching commitment to continue to seek to maximise, as far as reasonably practicable, the amount of material that can be moved by rail, and the underlying commitments it has given the London Borough of Camden”.


I hope the Minister will address this point about how the Government intend to ensure that maximising the movement of materials by rail is delivered.

[Lord Ahmad of Wimbledon]

My Lords, I thank all noble Lords who have taken part in this debate. I do not think there is a difference of opinion over the intent here, whether in the amendment that the noble Baroness has tabled, in the comments of the noble Lord, Lord Rosser, with which I find it very hard to disagree, or the findings and recommendations of the Select Committee. As I noted in Committee, I agree with the ambition to maximise the use of rail for the transportation of material in relation to HS2. The Government absolutely share the concerns about the impact of HS2 construction on the road network, and have already made commitments with similar intentions. I assure the noble Baroness that we have also committed to maximise the volume of excavated and construction material to be brought in and removed by rail. This will need to be done while balancing the wider environmental impacts on the local community and on passenger services.

In moving the amendment, the noble Baroness talked about specific infrastructure projects; indeed, she mentioned Crossrail. Firm targets on this issue are not the manner by which previous infrastructure projects, which she mentioned, were managed, and that includes Crossrail. The amendment as tabled suggests those particular targets. It is not that we are shying away from targets but, as I have said—perhaps I can reassure her again—we are already committed to work with local traffic management authorities in developing plans in liaison with the relevant highway and traffic authorities, which will be the means by which we agree, manage and monitor lorry traffic flows. Ultimately, and I emphasise this point to the noble Baroness, it is also the local authority that must approve the local routes used in connection with HS2.

The noble Lord, Lord Rosser, asked about the Government’s position. A commitment is an assurance to Parliament, and all assurances will be passed to the contractors in the contracts that are negotiated.

To come back to Crossrail, what worked so well was the fact that the agreements were locally negotiated. I totally concur with the conclusions of the Select Committee, which the noble Lord, Lord Rosser, alluded to in his comments; he mentioned quite specifically that setting targets now would mean plucking figures out of the air. This does not take away from the importance of HS2; indeed, the noble Lord, Lord Berkeley, talked in his contribution about the intent that has already been shown in the response to the Select Committee by HS2 regarding the important issue of moving material as much as possible by means other than roads. I come back to the key point that those local plans must be agreed by the local authority.

I hope the noble Baroness is not just assured but reassured by the commitments that I have given. I have listened very carefully to her contributions and those from the noble Lords, Lord Berkeley and Lord Rosser, and I do not think there is a difference of opinion about material—excuse the pun—or the substance of what is being proposed and the way forward. This is about ensuring that HS2 works hand-in-glove with the local authorities to ensure that, whatever local targets are set, it maximises the use of alternatives to roads, and that any roads that lorries may use in removing such soil is approved by the local authority and the local traffic management authority. I hope that, with the assurances I have given, the noble Baroness will be minded to withdraw her amendment.

High Speed Rail (London–West Midlands) Bill

Lord Rosser Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Thursday 12th January 2017 Grand Committee

[Lord Ahmad of Wimbledon]

My Lords, I thank both noble Lords and I shall turn first to that final point. There are other Ministers taking part in the Committee today. I back exactly the sentiments of the noble Lord and would add my name to the list, in the sense that the HS2 project underlines the importance of the railway infrastructure as a whole. We have discussed in previous debates the importance of the building of HS2 not just for itself but also in terms of the impact it will have on the railway infrastructure.

I am grateful to the noble Lord, Lord Berkeley, for explaining that the amendment is probing in nature, but perhaps I may refer to the specifics. With respect to the Railways Act 1993, only one minor change is being made, which is a partial disapplication of the licensing provision so that the pre-operation testing phase does not require a licence. It is simply not considered to be necessary during that period. As I have said, we learn from experience; such a change was made for the Crossrail Act 2008 and a rather wider disapplication was also included in the Channel Tunnel Rail Link Act 1996, in which I am sure both noble Lords are well versed. The Bill would also disapply closure provisions in the Railways Act 2005 in the case of closures that are necessary because of the construction of the works. In this regard there is only one closure, that of the Wycombe Single to allow Old Oak Common to be constructed. This has already been discussed in the Select Committee of your Lordships’ House on the Bill, and it was decided that the closure procedures in the 2005 Act should not apply as Parliament will have already approved the closure. As I say, such a provision was also included in the Crossrail Act.

I appreciate that in the interests of time the noble Lord, Lord Berkeley, has spoken to Amendments 19 and 20. Specifically on Amendment 20, I can confirm that the existing safety and economic regulatory regime for the railway is unchanged by the Bill and so it would continue to apply to HS2 in the same way that the regulator, who as he pointed out has an important role, sees fit. For these reasons, we believe that this amendment is unnecessary.

[Lord Rosser]

On the question of the Government’s intentions in the longer term for HS2, recently we had an announcement from the Secretary of State about a new link between Oxford and Cambridge. As I understand it, the company running the line would also be responsible for the track. Are the Government intending that the arrangements for HS2 will be on a similar basis to that project?

[Lord Ahmad of Wimbledon]

My right honourable friend the Secretary of State referred to a specific line. I am sure that the noble Lord will acknowledge that other announcements also made by the Secretary of State in this regard refer to the importance, whatever governance structure is set up, of those who are responsible for running the railway line and the rail service working together in an integrated fashion. The underlying purpose is that common objectives can be set. At this juncture, I cannot give the noble Lord a complete answer on the running of HS2 in terms of who will run the service and who will run the lines; there are, of course, other ways in which services across the country are run. The Secretary of State has underlined the importance—and it is his intention—that, whatever the governance structure, there should be an integrated way of running lines and train services, with common objectives being set if different companies are running different services.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, again, I note very carefully what the noble Lord, Lord Berkeley, has suggested. I cannot disagree with his sentiments about the need for and emphasis on an integrated approach; indeed, we perhaps touched on it in the previous debate in response to the question raised by the noble Lord, Lord Rosser. HS2 services will run on Network Rail’s infrastructure as well as on the new railway. I assure the noble Lord that the management of the HS2 infrastructure and HS2 train operators will need to work closely with Network Rail and other train operating companies to manage all operational interfaces. As he suggested, work on the timetabling is an important part of that, and is already very much part of considerations.

In addition to day-to-day rail operations, and as the noble Lord alluded to, co-operation will be needed in respect of the wider network roles undertaken on the railway by Network Rail. He raised the issue of a rugby match in Scotland. I am not a rugby fan but I am a football fan, and therefore can imagine having to face a similar challenge. This is a frustration that arises for many people, not just sports fans—when you are visiting family and friends up and down the country, you want to know that there is an integrated approach to the railways. Therefore, I agree with the noble Lord that part of co-operation with Network Rail includes long-term planning, timetabling and co-ordinating network-wide responses, particularly at times of major work or disruption. The need for infrastructure managers to work together and co-ordinate was also emphasised by the noble Lord. He will be aware, as will others here this afternoon, that that is already addressed under the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016. I hope that, given the assurances I have provided, and following reflection on the regulations I have pointed to, the noble Lord will be minded to withdraw his amendment.

[Lord Rosser]

Can I be clear about what the Government’s intentions are, or whether they have still to be determined? Is the Minister saying that once HS2, or at least the first part of it, has been built—we are talking about that part of the track which is unique to HS2—there will be no involvement of Network Rail in the maintenance and upkeep of that track?

[Lord Ahmad of Wimbledon]

I am not sure that the noble Lord heard me correctly. I am saying that an integrated approach to future management will be required as regards the new track, the existing tracks run by Network Rail and those who operate the new services on HS2. The noble Lord is fully aware that Network Rail currently has responsibility for the rail network of the country. As I said, operators need to work in an integrated fashion across the network and to have common objectives, whether it is Network Rail or another company running a franchise on a particular line. I cannot go further than that except to say that these common objectives are aligned under the specific regulation to which I have alluded.

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[Lord Bradshaw]

Just to have a bit of up-to-date experience, I always travel on the bus in the morning. Yesterday, there was one wheelchair, three buggies and two ladies with wheeled trolleys. The driver should not have taken them, but he did. As time goes on, we are going to have to get round this issue of flexible space—perhaps it is a little more sophisticated than using tip-up seats. We have to adjust what we have got to take account of the traffic on offer.

[Lord Rosser]

Can the Minister provide an assurance— I am sure that he will be able to—that these facilities will be available on the high-speed trains, including for wheelchair users, and that there is no possibility whatever of anyone seeking to argue that, since other services will be running between Birmingham and London, Manchester and London and Leeds and London, on what is described as the classic network, people with bicycles, wheelchair users and people with pushchairs will have to go on those services rather than on HS2?

[Baroness Buscombe (Con)]

My Lords, this has been a very useful debate, which gives us the opportunity to explain exactly what is going on and what is planned.

With respect to the amendment, I can assure noble Lords up front that, in procuring the rolling stock for HS2, we will be fully mindful of the need to ensure access for all and to improve overall passenger comfort. That, of course, includes giving consideration to the needs of people with disabilities, cyclists and parents with pushchairs, as well as the need to provide adequate space for luggage. I should say straightaway that it brings to mind—certainly to me—the contrast in thinking over time from when the Gatwick Express came into use, which my noble friend Lady O’Cathain has referred to in your Lordships’ House. There is a dreadful lack of facilities for people to manage their luggage, which the noble Baroness, Lady Randerson, has also referred to. Times and thought processes have changed, and the Government have taken that very much on board. Indeed, when the Heathrow Express came into service, I think we all clapped our hands when we discovered that on that train we have amazing space for luggage. It makes the whole difference, making what can be a nightmare journey into a very comfortable journey. The Government are very mindful of that. In fact, my noble friend the Minister has said to me that he has had the experience of getting on to one of the Crossrail trains that is being adapted on this basis—with, for example, flip-down seats—to make the whole process of being more flexible a possibility.

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Debate on whether Clause 53 should stand part of the Bill.

[Lord Rosser]

I will make a point on Clause 53, which, if I have understood correctly, is one of the clauses that is covered in the report from the Delegated Powers and Regulatory Reform Committee. It may be that the Government have already given their response, in which case I would be grateful if the Minister could remind me what it was, particularly bearing in mind that the report was published on 16 November. However, my question is purely to ask where we are with the Government’s response to that committee’s report. With regard to two particular paragraphs, have the Government responded and, if not, will they, or it is up to us to put something down on Report if we want to go down the road suggested?

[Lord Ahmad of Wimbledon]

I am just checking as I do not have a response. However, the Government will respond and we intend to publish that before Report.

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[Lord Rosser]

Perhaps I may raise one or two points on the issue that is set out in the amendment, which as I understand it is about the procedure for dealing with issues that people have during the construction process and what kind of redress is available to them. I raise this in the context of asking the Minister to clarify what those processes will be. I shall start with the context set out in the summary of the Select Committee’s report, which states:

“As the railway is constructed over the coming years, it will be imperative that the promoter engages effectively with all interested parties to ensure that, as far as possible, disruption and inconvenience are kept to a minimum. In this regard, the promoter faces an enormous task and we cannot stress enough the importance of effective and timely public engagement, something which, we were told time and again, could be improved upon”.

As an example of what I am asking, I refer to paragraphs 155 to 157 of the committee’s report. These relate to an issue which, as far as I am personally concerned, is fairly close to home; about a third of a mile, to be precise. The committee states at paragraph 155 that it had,

“heard some powerful and entirely credible evidence about traffic congestion in Ickenham”,

while paragraph 156 states:

“That is the background against which, as we are satisfied, the promoter has made determined and realistic efforts to reduce the numbers of HGV movements on the roads of Ickenham. The promoter’s original estimate was of 1,860 two-way HGV movements a day. That has been progressively improved, first to 1,460, then to 1,060, and finally to 550 two-way HGV movements a day. That last figure appears in the assurance (in terms of “reasonable endeavours”) embodied in clause 7 of the draft contract giving effect to the agreement mentioned in paragraph 150 above. It is expressed as a limit of 550 HGV movements a day at Swakeleys Roundabout and, as a separate undertaking, a reduction (“so far as reasonably practicable”) in the number of HGVs using the roundabout at peak morning and evening hours on weekdays”.

The committee goes on to say:

“This remarkable improvement in the target, although obviously welcome, has been criticised by some petitioners as having emerged only at a late stage, after much uncertainty, and as still having an element of contingency”.

I have no doubt that it was not only as a result of the representations made but from the questioning and the interest taken in it by the committee, which were probably quite significant factors in getting the numbers down.

I use this simply as an example for the question that I want to raise. If, for example, residents in the area—it could apply to any area—where commitments have been given have suspicions that rather more than 550 HGV movements are taking place, I would be grateful if the Minister could set out what redress those residents would have in that context. They have made representations and obviously have had help from the committee, but what happens if, when the work starts, they subsequently feel that the commitments are not being adhered to? What redress can those residents take, or what could they seek to obtain?

[Baroness Buscombe]

My Lords, I am grateful to all noble Lords who have spoken to these amendments in the names of the noble Lords, Lord Berkeley and Lord Stevenson of Balmacara, and my noble friend Lady Pidding. The Government share the concerns that noble Lords have highlighted through the tabling of this amendment, and I fully acknowledge the importance of residents and businesses along the route knowing they can seek fair and independent resolution of complaints, if necessary—the word “independent” has come up several times, as it is important.

I will immediately address points made by the noble Lord, Lord Stevenson. I hope that he will recognise, as indeed he said in his speech this afternoon, that the Minister addressed a number of the issues that the noble Lord raised this afternoon during our first day in Committee on Tuesday. However, I shall quickly reference a couple of things he talked about. One is with regard to engagement on wider issues. While he is correct that the Select Committee focuses on private interests, there has been frequent consultation on the scheme at a detailed level, even as it evolved and changed through additional provisions. Consultation responses, which numbered nearly 23,000, were analysed and reported on by an independent assessor appointed by Parliament. Six reports are available in the House Library for the noble Lord to consider. In addition, the noble Lord referenced property bonds, which I shall refer to. I hope he will be reassured by the fact that we will review the full suite of HS2 discretionary compensation schemes later this year, and as part of that, I can confirm that we will consider arguments with regard to a property bond option.

I acknowledge several helpful interventions made by the noble Lord, Lord Young of Norwood Green, and my noble friend Lady O’Cathain, in amplifying, illustrating and helping us through this process by referencing so much that took place during that whole process when they sat on that Select Committee. We must be mindful of the enormous amount of work that they achieved and of course the considerable care they took to ensure that people were genuinely listened to.

The Government want to reassure noble Lords that these amendments are unnecessary, as we are already putting in place comprehensive measures to address these concerns in the guise of a construction commissioner. The construction commissioner will fulfil the requirements that noble Lords are seeking in their proposed amendments, and more besides. The commissioner will mediate in unresolved disputes between the project and individuals or bodies relating to the construction of HS2 and will be able to receive and deal with complaints about the construction of the railway on an independent and impartial basis. Furthermore, the commissioner will have a role on advising on actions the nominated undertaker and contractors can take to reduce the number of complaints they receive. The commissioner will also have a particular role in determining complaints which are made under the small claims scheme—this point makes immediate reference to the question raised by the noble Lord, Lord Rosser—which provides a simple and informal basis to recover losses up to £10,000 for each individual claim.

The construction commissioner will be independent of the Secretary of State and any nominated undertaker appointed to construct the proposed scheme. We have already appointed an interim construction commissioner, Mr Gareth Epps. A permanent appointment—to reassure my noble friend Lady Pidding—will be made following Royal Assent, when the Secretary of State will establish an independent body to appoint the construction commissioner and determine its precise terms of reference, including its regular reporting requirements. The independent body will be made up of a range of stakeholders, including representatives of local authorities affected by HS2 phase one. The commitment to appoint a construction commissioner is a binding one, made to Parliament and recorded in the register of undertakings and assurances. Given that we are already addressing this issue, I hope that noble Lords will accept that legislation is unnecessary and not press this proposed new clause.

With respect to the issue of an independent adjudicator, I note that this amendment was previously tabled during the Public Bill Committee in another place. I am not convinced on the need for an HS2 adjudicator. There are already extensive checks and balances built into the Bill, based on the regime adopted by Crossrail and the Channel Tunnel Rail Link. The regime has proved effective for those projects and we see no reason why it would not be effective for this project. This issue was raised before your Lordships’ Select Committee, which also saw no need to impose such a role. I do not believe that this Committee should either.

This amendment, as well as being unnecessary, is unwelcome, as it would effectively create a quango with all the unnecessary cost and bureaucracy that this would entail. I cannot resist citing the noble Lord, Lord Berkeley, who, at the beginning of this afternoon’s Committee, said on his second amendment that he is not in favour of creating an enormous bureaucratic nightmare. These amendments would create just that.

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[Lord Rosser]

In part, the amendment moved by my noble friend Lord Stevenson of Balmacara, relates to an issue I have asked about previously, which is also contained in the Select Committee’s report on page 97, on permanent or temporary land take. Certainly, the Country Land and Business Association, for example, believes that HS2 is seeking powers to take land permanently which it needs only temporarily, and that this is leading to a highly unsatisfactory situation. I would be grateful if the Minister can reconfirm what I believe he has already said, that when the Government come to respond to the Select Committee’s report, they will address what the Select Committee had to say on the issue of permanent or temporary land take, on pages 97 to 99 of that report. It may well be that, in the light of what the Government have to say, an amendment on this issue will need to be pursued on Report. Therefore, I want that assurance that those paragraphs which the Select Committee included on permanent or temporary land take will be commented on in the Government’s reply.

I appreciate that I am stretching things a bit in raising this, but the noble Baroness, Lady O’Cathain, asked a question earlier about the moving of the portals of the tunnel at Euston. I too have had an email which said that there is a suggestion that staff at HS2 Ltd have indicated that consideration is being given to moving the portals of the tunnel from which the proposed high speed line will emerge to the west of Euston station, about one kilometre nearer to the station. Can the Minister say whether that is correct and whether consideration is being given to this?

[Lord Berkeley]

To add to that, I have also heard that same rumour from some of the local residents. It is particularly unfortunate if we hear stories like that from residents and we cannot get the answer from Ministers, so I am sure that the Minister will do his best to respond.

On the compulsory purchase and compensation side, I have heard allegations that some of the land subject to compulsory purchase in the Old Oak Common area will be allocated or transferred to a separate company—many of the directors of HS2 seem also to be on its board—and then used for, shall we say, non-railway purposes. Surely compulsory purchase for railway schemes is designed for railway purposes, but if this is to be used for other purposes, it begs a lot of questions as to whether that is an appropriate methodology. If the Minister cannot answer that this afternoon, I am sure he could write to me, if that will be possible.