High Speed Rail (London–West Midlands) Bill

Debate between Lord Rosser and Baroness Buscombe

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

[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.

--- Later in debate ---

[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.

High Speed Rail (London-West Midlands) Bill

Debate between Lord Rosser and Baroness Buscombe

Committee: 1st sitting (Hansard): House of Lords & Committee: 1st sitting: House of Lords & Report stage: House of Lords
Tuesday 10th January 2017 Grand Committee

[Lord Rosser]

I want to make just one or two comments about Amendment 28, to which my noble friend Lady Young of Old Scone has spoken. Obviously, I am aware of the comments that have been made by the Select Committee, which was not, let us say, fully enamoured of the report by Natural England. Equally, as I understand it, it was a report that Natural England was asked to produce in relation to this issue. As my noble friend has said, it has made its recommendations. The Select Committee took the view that it did not feel the reference to a scale of 30:1 was evidence-based. Before I go any further, I accept that I was not a member of the committee and therefore do not know everything that was said when evidence was taken. I do not doubt in that sense that the committee had good reason for making the point it has.

I hope the Government will look sympathetically on the amendment. Certainly, I, too, wish to hear what their response is to the report and the review by Natural England. If their view is that they do not feel they can go down the road of that report, I hope they will set out very clearly what their reasons are and perhaps whether they have alternative propositions to those that have been made. I hope the response will be, at least in large measure if not in its entirety, that they would be willing to accept what was in the report that Natural England was asked to prepare.

[Baroness Buscombe (Con)]

I thank all noble Lords who have taken part in the debate. I begin with the amendment proposed by the noble Baroness, Lady Young of Old Scone, and supported by my noble friend Lady Pidding. I immediately declare an interest. My full title is Lady Buscombe, of Goring. Therefore, the reference the noble Lord, Lord Berkeley, made to gantries affects me directly and is one of the reasons why I was very keen to speak to the amendment on behalf of the Government.

As the noble Lord said, we are dealing with an engineering issue that is largely based on safety. While I completely empathise with my noble friend, the number of gantries needed is based on a strict engineering and operational specification. Most of my friends and neighbours in Goring have come to terms with this now, because the reality is that if you have too much distance between each gantry there would be a slack of the line, which can be whipped up by the wind, as the noble Lord said. There would therefore be a genuine safety issue. That is something we have sought to take on board. Any variation in this specification would introduce reliability issues on the railway.

The ability to reduce the number of the gantries is therefore limited. However, the project is committed to mitigating the visual impacts of the railway through, for example, providing screen planting along parts of the railway to help obscure the overhead line equipment where it is likely to cause a significant visual effect. The phase 1 route has been developed specifically to minimise its impact on landscape and visual amenity, and, where possible, to make a positive contribution to it. This includes the decision to keep the railway as low in the landscape as is reasonably practicable. That is something we did not achieve with Network Rail through the AONB known as the Goring Gap. This is a huge step forward in mitigating the sight of the gantries. The use of earthworks and tree planting will help integrate the railway into the landscape and obscure features such as gantries. I hope what I said will reassure my noble friend such that the proposed amendment is unnecessary. I therefore hope that it will be withdrawn.

With respect to Amendment 28, proposed by the noble Baroness, Lady Young, and supported by other noble Lords, I very much empathise with what she said, but I hope that I can persuade her that this amendment, too, is inappropriate, as it seeks to impose a requirement whose merits were fully examined and rejected by the Lords Select Committee. As noble Lords are aware, toward the end of last year, Natural England produced a report, referenced this evening, that reviewed the Government’s proposed metric to achieve no net loss of biodiversity. The primary recommendation of that report, which was markedly different from its previous standing advice, is that where new woodland planting is used to compensate for ancient woodland losses, 30 hectares should be planted for each hectare lost, as the noble Baroness said.