High Speed Rail (West Midlands - Crewe) Bill

Debate between Nusrat Ghani and Antoinette Sandbach

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Monday 15th July 2019 Commons Chamber

[Ms Ghani]

Thank you, Madam Deputy Speaker. The NDAs that HS2 has are fundamentally to ensure that it can continue to work with businesses, communities and local authorities on issues that are competitive and sensitive. They enable conversations with companies and local authorities about options under consideration. They allow HS2 Ltd to make better recommendations to Government, and to develop better proposals, because it has had access to the right information when making decisions.

We must not forget that NDAs provide value to the taxpayer by reducing uncertainty and by helping to reduce generalised blight. For example, HS2 Ltd entered into such agreements with local authorities in the early stages of exploring route options. I am more than prepared to ensure that HS2 Ltd, if it is able to, sits down with my hon. Friend the Member for Eddisbury and goes through every NDA case that she wants to bring forward. HS2 Ltd is not exempt from the national whistleblowing policy in primary legislation. It has not entered into any NDAs with any HS2 staff.

[Antoinette Sandbach]

HS2 has a number of subcontractors and contractors, and it has entered into NDAs with them. Under my new clause, an independent assessor would assess past NDAs. HS2 is incapable of even saying, in reply to a freedom of information request, how many NDAs it has. Given that it cannot comply with that request, I am concerned that the Minister is not in receipt of full, accurate information.

[Ms Ghani]

I would uphold my hon. Friend’s concerns if they were valid. As I have said to her, HS2 Ltd has not entered into any non-disclosure agreements with HS2 staff, but when it is business-critical, it needs to be able to have confidential conversations. Agencies have to agree to NDAs. There are also processes in place; two sets of legal teams provide review. I am not sure that my hon. Friend wants an outcome in which a third legal team is put in place. That will not really help what she is trying to achieve, which is ensuring that HS2 does not have one-on-one NDAs; there are none of those with staff on the project.

[Ms Ghani]

I cannot speculate on why people are made redundant. I can confirm that no member of staff is subject to a non-disclosure agreement.

[Antoinette Sandbach]

The Minister has explained why it is important for the efficiency of HS2 that it should have NDAs, but does she think that is right if it comes at the cost of constituents being able to respond to consultations? What if, for example, a council is withholding information under an NDA, or if employees who are at risk of losing their jobs at an affected site find that their company is covered by an NDA, and information cannot be disclosed to them? The NDA must surely be subject to a public interest test.

[Ms Ghani]

I feel that my hon. Friend is talking about particular cases in her constituency, on which I am more than happy to provide further information. I will work with her to ensure that she is able to represent her constituents, and that they get satisfactory responses from HS2 Ltd. It takes part in many local engagement events; it has met several thousand residents up and down the country. I do not believe that new clause 5 will deliver what she is asking for.