42 Alec Shelbrooke debates involving the Department for Transport

Transport Secretary: East Coast Franchise

Alec Shelbrooke Excerpts
Wednesday 23rd May 2018

(8 years, 2 months ago)

Commons Chamber
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Simon Hoare Portrait Simon Hoare
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Will the hon. Gentleman give way?

Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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Will the hon. Gentleman give way?

Andy McDonald Portrait Andy McDonald
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I’ll tell you what: I will answer one intervention and when I have finished with that one, I’ll see if I should answer another one—how does that go as a deal?

My hon. Friend the Member for Blaydon (Liz Twist) is entirely correct about that, and she is right about the response from the people who work on the railway. The investment in their training and performance reflected that and the benefits of the quality of the railway are because of the hard work and dedication of the people who work within it.

The Secretary of State said more than once that Virgin-Stagecoach got its numbers wrong when its bid for the east coast franchise was accepted in 2014. Why, then, did the Department accept the bid? What due diligence of the bid took place? Two of the Department’s franchise bid advisers told the Transport Committee on Monday that the Virgin-Stagecoach bid got through the DFT’s financial robustness test and financial risk assessment test. If that is the case, the financial robustness test and the financial risk assessment test are wholly ineffective and inadequate. Those same witnesses—the Department’s own advisers—suggested that the east coast franchise was doomed from day one. That is hardly a ringing endorsement from those in the know. In all those circumstances, what faith can we have in the Department’s processes?

This week it emerged that the Secretary of State allowed HS2 to appoint Ernst and Young to investigate Carillion, notwithstanding that EY was advising HS2. Clearly that is a direct, obvious and major conflict of interest. The Business, Energy and Industrial Strategy and the Work and Pensions Committees asked if appropriate diligence took place. It seems that the Secretary of State’s failure to conduct proper due diligence is not isolated. EY, it should be recalled, is one of the Department’s technical advisers on the east coast operator of last resort.

Stagecoach knew that it would not meet its revenue targets weeks after taking over the east coast franchise in March 2015. The company was in constant dialogue with the Department about it. The Secretary of State has been in post since July 2016 and must have known about this for that period of time. Why did he do nothing? Has not this Transport Secretary been asleep at the wheel?

We learned this morning that the Government knew that Carillion was at risk for more than a year before the company went bust. As with the east coast franchise, the Government sat on their hands and did nothing. What about the Department’s managing director for passenger rail services, Peter Wilkinson, who was brought in at such great expense in 2012 to “get rail franchising back on track”? I am not a personnel expert, but I would say that Mr Wilkinson must be in breach of his contract.

Let us get into some of the details. On 14 Feb 2018, DFT OLR Ltd—presumably OLR stood for “operator of last resort”—was renamed London North Eastern Railway Ltd. It is a company limited by shares to a nominal value of just £1. The company has six directors, four of whom are listed with the occupation “civil servant”. They include the DFT’s head of passenger service, Peter Wilkinson; the DFT’s lead on in-franchise change, Richard Cantwell; and the DFT’s head of franchise policy and design, Simon Smith—the other civil servant does not show up on the DFT’s organogram.

Not only was LNER established in February, but the domain name was registered on 29 March. Why has it taken the Secretary of State three months to inform the House of a decision that he took all those months ago? Last year, it emerged that the Government decided to cancel rail electrification projects in March but they did not announce the decisions until after the general election in July. The collapse of the east coast franchise should set alarm bells ringing at the Department for Transport.

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Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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Is there not a much bigger problem with the Labour party’s policy of nationalisation? Labour Members are trying to keep us in the single market, but the state aid rules within the single market mean that we cannot nationalise.

Lord Grayling Portrait Chris Grayling
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That is absolutely true. The irony is—I shall say more about this later—that it is the rail unions that have been campaigning against the same European laws that the Labour party wants to keep. This is another example of Labour’s nonsensical position.

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Stephen Hammond Portrait Stephen Hammond
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The former Minister of State is a friend of mine from when we were both in the Department for Transport. I wholeheartedly concur, as ever.

The second part of the motion is about the future, which is where the biggest divide is. I enjoy a good reminiscence as much as the next person. I remember my fifth birthday treat—my parents took me on the railways, because I always wanted to do it.

Alec Shelbrooke Portrait Alec Shelbrooke
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Was steam still around?

Stephen Hammond Portrait Stephen Hammond
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Yes, steam was still around.

For most of the first part of my professional life, I used British Rail to commute. The idea that it was a paragon of virtue and good service is just nonsense. My memory, which I do not think has deserted me, is of old and failing rolling stock, poor maintenance, timetables that were never operated and a lack of investment. That is not the reality now. Since privatisation, the Government have invested billions in railway infrastructure. Over the next five years, they will ensure that there is another £20 billion—actually, there will be much more than that coming directly from the private sector investing in new rolling stock, which will be the biggest benefit for the public.

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Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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The problem this afternoon is that we are just going to fall into the ideological arguments about nationalisation and privatisation, rather than getting down to some of the key causes of why we are in this position today. Quite frankly, the nationalisation argument has been blown out of the water with the single market argument, as I said earlier.

I am pleased to be following the hon. Member for Cambridge (Daniel Zeichner) because he raised the issue of timetabling, which has affected all of us. I have certainly seen the comments from my constituents who use the trains and heard about the struggles that they have had. What is at the heart of the timetabling issue? Well, train companies normally plan their timetable six to nine months ahead, but the delays of Network Rail meant that they had two to four months. It is therefore not exactly surprising that they ended up in a situation in which the timetabling is not exactly working as smoothly and efficiently as we would hope.

Network Rail had a large part to play in where we are today. We have made comparisons with the west coast main line, and talked about Virgin keeping the contract and Stagecoach making the profits and so on, but Network Rail simply has not delivered on the basis that was laid down in the bids that were put forward. Companies made promises about power upgrades in their bids, but they have not occurred. They also promised to eliminate bottlenecks, and that has not occurred.

None Portrait Several hon. Members rose—
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Alec Shelbrooke Portrait Alec Shelbrooke
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Just give me two seconds. When we look at the money that was earned, some £1 billion was returned in three years compared with £1 billion in five years under nationalisation.

Alan Brown Portrait Alan Brown
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The hon. Gentleman is talking about the problems caused by Network Rail. Will he remind the House who was in charge of Network Rail for the Government?

Alec Shelbrooke Portrait Alec Shelbrooke
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I am delighted that the hon. Gentleman has made that point. Indeed, that is the problem with a nationalised company. Many people have said, “Oh, it’s the Secretary of State’s responsibility in a nationalised company, ” but that is not how it works—it is not how it has ever worked. On the one hand, people are saying that the Secretary of State should take complete control of the railways, and on the other that he should get out. People who are running a nationalised operation do not share the sense of urgency of those in the private sector. There are litanies of delayed or missing projects under Network Rail.

Ian Mearns Portrait Ian Mearns
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The hon. Gentleman should just remember that Railtrack was privatised. It failed, and the Government had to take it back in-house to save the railway network.

Alec Shelbrooke Portrait Alec Shelbrooke
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Railtrack failed due to the vandalism of John Prescott when he was Transport Secretary. He took advantage of the opportunity when British Rail’s failure to keep its system upgraded and safe culminated just three years into privatisation under Railtrack. The track that broke, which caused Railtrack to fail and to be transformed into Network Rail, did not degrade in the three years of privatisation. It broke as a result of a catalogue of rail mismanagement that led up to that point. It is one of the biggest disgraces—

Alec Shelbrooke Portrait Alec Shelbrooke
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I am sorry, but I have taken two interventions and I will not have any more.

It was a disgrace to use that failure as an opportunity to act according to political ideology. I am very clear on that point. One of the fundamental problems with the railway is that we have got to a point where we are looking back through rose-tinted glasses. I recommend to everyone—perhaps some people have seen it—a programme on Channel Five at the moment called “InterCity 125: The Train That Saved Britain’s Railway”. It is fantastic. I really enjoyed the first episode. What was the first part of that episode? The state of the railways in this country when they were under British Rail, and the lack of investment by Governments of all colours during that time.

We talk about the east coast main line. We are going back to a period when, given the resources that were available at the time, with the overhead powering, the gantries were as far apart as they could possibly be, so of course high winds displaced the wires. These were all failures of trying to deal with a nationalised company that has to compete for its money with the health service, benefits and pensions, education and all the other things the Government have to spend money on. They were also due to the fact that whatever those failures were, staff would still come to work the next day and get paid, because they did not have the responsibilities that they would have had in the private sector.

I am being very critical of Network Rail, and one reason why is that I have had it up to here—up to the top of my head, for the benefit of Hansard—with Network Rail. For several years, this Government—under the then Chancellor of the Exchequer, George Osborne—delivered a grant to Network Rail to put in place a bridge at Dartford station in my constituency under the Access for All scheme. I have constantly been in meetings about that with Network Rail, and I have heard excuse after excuse for why it is not happening. Fundamentally, whatever the reasons, it is getting to a stage where it could not manage its way out of a paper bag. I have had enough—my constituents have had enough—of Network Rail staff’s failure to take responsibility and attempts to pass the buck. There is only one reason why we have problems with electrification: the poor management and poor running of Network Rail. I have kept quiet about my criticisms of Network Rail to this point, but not today, because another failure has led to the contents of a rail franchise bid not being delivered.

Like many Members, I have used the east coast main line regularly, and none of us can deny that the carriages have been upgraded. They were refurbished. The experience in those carriages is more pleasant than it was in the recent past, and that shows that there has been investment.

Every single time we talk about an upgrade, Network Rail puts it back. Now we are looking at December 2018 before the latest set of figures come through. It beggars belief that when we see the failure of such a major company at the heart of our railways, which is charged with delivering the infrastructure for the rail operating companies to work on, nothing ever happens.

The motion states that the Secretary of State’s pay should be cut. In my view, we might instead start thinking about censuring the people who are putting together project plans but not delivering them.

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Alec Shelbrooke Portrait Alec Shelbrooke
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I am sure that my hon. Friend recognises that President Macron, a centre-left politician, has recognised that the French railway system is completely unsustainable, and that has led all the workers out on strike.

Kwasi Kwarteng Portrait Kwasi Kwarteng
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My hon. Friend makes an excellent point that goes to the slight craziness of a lot of our debate. It is clear to me that the partnership with the private sector has put far more investment—billions and billions of pounds of investment—into the network than would have been the case if it had remained under public ownership. We all know the budgetary pressures. We all know the budgetary situation in 2010, when we had a deficit of £160 billion. It does not take a particularly sophisticated mathematician to work out that, if we had had the rail network in public ownership, as well as public ownership of vast swathes of industry, the budgetary position would have been a lot worse than even in 2010.

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Alec Shelbrooke Portrait Alec Shelbrooke
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Will the hon. Lady give way?

Rachael Maskell Portrait Rachael Maskell
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I will make some progress now and see how the time goes.

I thank my hon. Friends for their contributions in holding the Secretary of State to account: my hon. Friends the Members for Bishop Auckland (Helen Goodman), for Darlington (Jenny Chapman), for Blaydon (Liz Twist), for Leeds West (Rachel Reeves), for Nottingham South (Lilian Greenwood), for North Durham (Mr Jones), for Gateshead (Ian Mearns), for Jarrow (Mr Hepburn), for Blyth Valley (Mr Campbell) and for Weaver Vale (Mike Amesbury). My hon. Friend the Member for Newcastle upon Tyne Central (Chi Onwurah) used her business experience and expertise to analyse the reality of the Secretary of State’s failed franchising model and found him wanting. My hon. Friend the Member for Dewsbury (Paula Sherriff) was right about the Secretary of State’s readiness to, as she put it, bail out their rich pals no matter how badly their business is doing. My hon. Friend the Member for Leeds North West (Alex Sobel) provided a reality check to the Government’s approach, saying that it was more likely to be found on platform nine and three quarters. He was absolutely spot on when he highlighted the loss of the east coast reward scheme.

Alec Shelbrooke Portrait Alec Shelbrooke
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Will the hon. Lady give way?

Rachael Maskell Portrait Rachael Maskell
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As I say, I am going to see how time progresses.

I question why the Secretary of State has waited so long. Having registered the LNER name back in March this year, it is clear that nearly two months have passed with him withholding information from the public about the level of failure and his intention to nationalise the line. Perhaps he could not say, “Nationalisation”.

I do not want Stagecoach or Virgin to feel that they are off the hook either. While fully exploiting the Tory privatisation of the Railways Act 1993, let us be clear that the track record of companies such as Virgin is to drive profit out of the public purse—out of the pockets of taxpayers. Virgin has been particularly astute in the way that it has used litigation to sue the state over contract failure. It is the financial model of Virgin to do so, no matter the line of business, and look at how it has used that to win the lucrative contract on the west coast.

Can the Secretary of State guarantee that there are no mechanisms that Virgin or Stagecoach can use to take out litigation against him or his Department in the light of this abject failure, and can he further guarantee that he will disqualify them from applying for any future transport contracts? Further, can the Secretary of State report to the House how much this abject failure on the east coast main line has cost the taxpayer? Just three years after the east coast line was ripped out of public hands, time and resources have been spent—public money—on this failed, ideologically driven project.

From my discussions with Network Rail and Virgin—

Alec Shelbrooke Portrait Alec Shelbrooke
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Will the hon. Lady give way?

Rachael Maskell Portrait Rachael Maskell
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I said I would give way if there is time at the end. From my discussions with Network Rail and Virgin Trains East Coast, it is evident that the Secretary of State’s Department, and therefore the Secretary of State, failed in the process of drawing up the franchise—failed to discuss the infrastructure upgrade, scheduling and deliverability with Network Rail when its budgets were evidently under strain. So we had one part of his Department cutting back while the other part of the Department was signing agreements to the contrary, agreeing things that would never be delivered. How did the Government let this happen? I have heard that from both Network Rail and the rail operator, so I know it to be true.

We know that there are around another four franchises that are on the brink of collapse. Will the Secretary of State therefore come to this House and make a statement on each of these contracts and bring these immediately back under public control? He has a responsibility to militate against the future failure of our vital public services, so will he take action now to avoid failure and to ensure that our rail is safely and smoothly transferred into his operator of last resort?

Alec Shelbrooke Portrait Alec Shelbrooke
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I am most grateful to the hon. Lady for giving way. Will she now clarify from the Dispatch Box that in order to nationalise the railways, it is Labour’s specific policy not to be a member of the single market?

Rachael Maskell Portrait Rachael Maskell
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I can make it absolutely clear to the hon. Gentleman that the French railway system and the German railway system have trains in national ownership, not only in their country, but in our country, too.

Right across the country, it is crystal clear that this Government’s transport policies daily fail the public. They charge more and more for the public to use the trains while signing dodgy deals to enable private companies and even foreign Governments to suck money out of our railways; and they waste money on livery and uniforms, as we have heard in today’s debate. I must put on record that it is the staff who are at the heart of the constant change, and we thank them for their endurance through this process.

Labour would put that money back into our trains, back into upgrades, back into building our public services and therefore back into our economy. Today’s debate has clearly demonstrated that the Secretary of State has completely failed this nation and has completely failed our railways. It is time for a new Secretary of State, and my hon. Friend the Member for Middlesbrough (Andy McDonald) is ready to take our rail back and get our nation back on track. Labour will rescue and generate our rail service once again.

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Lord Johnson of Marylebone Portrait Joseph Johnson
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We are putting together the new east coast partnership, which will constitute a new approach to how we run the railways. It will bring together the best of the public sector and the best of the private sector, ending the blame game that has seen train companies blame the track operator and vice versa.

Let us not forget that, as a passenger service, this was a well-run railway. The dedication of the staff responsible for the delivery of railway services has maintained high levels of passenger satisfaction—more than nine out of 10 passengers are happy with their journeys.

Opposition Members have suggested that we have nationalised the railway. That is, of course, not the case; rather, this is a temporary return to public control. Indeed, that was envisaged in the original design of privatisation in the early 1990s. The use of the operator of last resort—our public sector operator—is an integral part of the franchising system, not an alternative to it. It is used on a routine basis when we negotiate with private companies to provide a genuine alternative in negotiations, ensuring that we secure real benefits for passengers and taxpayers, and keep people moving. They are given a better deal because they know that the Government have this option in their back pocket.

As was emphasised in the 2013 Brown review, passengers remain protected through the Department’s ability to handle default with an operator of last resort on hand to take over. In this situation, the OLR will do what it is supposed to do: work with the Department on the next competition for a commercial train operator. It will help us to shape the new partnership railway on the east coast, preparing the ground for the line to be transformed into a public-private partnership that will deliver the best of both worlds.

Alec Shelbrooke Portrait Alec Shelbrooke
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The hon. Member for York Central (Rachael Maskell) commented on the French nationalised railways. Does my hon. Friend agree that they are in terrible straits and that the President has recognised that the present system cannot continue because it is haemorrhaging billions of euros every year?

HS2 Update

Alec Shelbrooke Excerpts
Monday 17th July 2017

(9 years ago)

Commons Chamber
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John Bercow Portrait Mr Speaker
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Ah yes, the man in the cream suit: Mr Alec Shelbrooke.

Alec Shelbrooke Portrait Alec Shelbrooke
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Bringing some brightness to this late hour.

May I say to my right hon. Friend the Secretary of State that the jobs bonanza that will come with moving the depot to Stourton is hugely welcome to Leeds, the Aire valley and my constituents? On the conversation that I had with the Exchequer Secretary to the Treasury, my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones), and on the tunnelling that will take place under Woodlesford, has the Secretary of State given consideration to the site on which the depot will sit? Has he considered putting all the tunnelling equipment and the spoil on brownfield land, so as to minimise the disruption to my villages of Woodlesford and Oulton, and the traffic around them, during construction?

Lord Grayling Portrait Chris Grayling
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My hon. Friend makes an interesting suggestion that I will pass on to the HS2 team. I am very glad that he supports this alternative site; I think it is the right one, and that people further south will welcome the decision. I have sought, having visited all the route, ways of minimising the impact, but as I said earlier, there are inevitably consequences of a project on this scale.

Driving Offences: Private Land

Alec Shelbrooke Excerpts
Thursday 13th July 2017

(9 years ago)

Commons Chamber
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Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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On 9 August 2013, a terrible, tragic and preventable accident took place at Swithens farm in my constituency. Eleven-year-old Harry Whitlam died from injuries he sustained after being struck by a reversing farm vehicle. The driver of that vehicle was over twice the legal drink-drive limit, but the Crown Prosecution Service did not bring a prosecution as the accident was deemed to have occurred on private, not public, land.

Harry and his mum, Pamela, live in the constituency of my hon. Friend the Member for Morley and Outwood (Andrea Jenkyns), who is on maternity leave and very much regrets that she cannot be here today. Pamela worked in the café kitchen of the working farm, which, like many other farms, has diversified and become a visitor attraction.

Areas of the farm are designated as both private and public, but, at the time of the accident, the boundaries of those areas were not clearly defined. Indeed, the police investigation was clear about the lack of separation between public and private areas. It said:

“Upon approaching the scene from Swithens Lane, there was no signage or other barrier that would restrict public access to the scene, or inform a person entering from that direction that they are in a non-public area of the farm.”

Harry was a regular visitor to the farm, especially during the school holidays when his mum was working there. He regularly assisted the farmhands with their work, particularly in the petting farm and collecting eggs from the chickens. He was a familiar face and well known to the farm staff. There was another young boy, a friend of Harry’s, who helped out in just the same way.

On the morning of the accident, Harry arrived first thing at the farm with his mum. He was keen to meet up with his friend and also lend a hand with building a new wall to help house some new meerkats. He went off for a short while, returning to the café accompanied by one of his farmhand friends and ordered breakfast from his mum that they planned to collect a little later.

Approximately 15 minutes later, the accident occurred. Harry was in the farmyard when he was hit by a slurry trailer being reversed by a tractor. He was badly crushed by one of the large trailer tyres. The Yorkshire air ambulance flew Harry to Leeds General Infirmary, but, despite the best efforts of medical staff, he tragically died from his injuries.

The investigation revealed that Harry had been walking across the back of the slurry trailer from right to left when he was struck. He had gained access to this working area of the farm by a route that was not in any way cordoned off from the public. Indeed, there are public rights of way across the “private” area. There is no evidence that Harry was running, and evidence presented by PC Martin Ward, a collision investigator, confirmed that the view from the cab “was good” and that

“Harry was there to be seen”.

He concluded that Harry would have been in the sight of the driver for “quite a long time” and that it was “a very low impact speed”.

Owing to the anomaly in the law that this debate seeks to address with “Whitlam’s law”, the driver, Mr Gary Green, despite being over twice the drink-drive limit, was only prosecuted under the Health and Safety at Work etc. Act 1974. As such, the family had to wait some 17 months before the Health and Safety Executive was able to prosecute him for failing to ensure the safety of persons and other employees, contrary to section 3(2) of the 1974 Act.

This makes it sound as though it was nothing more than a tragic accident. The truth is that Gary Green was drunk, and having drunk such a huge quantity of alcohol, he knowingly and willingly took control of heavy machinery and killed a young boy, when all investigations show that if he had been alert he would have stopped his vehicle as Harry was in plain sight.

As this was only an HSE prosecution, Green was sentenced to just 16 months and two weeks in prison. If he had been prosecuted under section 3 of the Road Traffic Act 1988, causing death by careless driving while under the influence of drink or drugs, the maximum penalty would have been 14 years’ imprisonment. In addition, there is scope for an unlimited fine, a minimum two-year driving ban and a requirement to pass an extended driving test before the offender can drive legally again. The CPS advise that it is probable that had Green been prosecuted under the Road Traffic Act, he would have received a sentence of about six years.

The disparity in the sentencing for the same offence—driving while under the influence of alcohol—is unjust and at odds with a society that widely condemns such behaviour. The CPS reported that it was unable to bring a prosecution as the accident happened on private land; questions have been asked about whether the CPS was instructed to advise an investigation and whether it considered a manslaughter charge. I have been advised that the police thoroughly investigated the matter and manslaughter charges were considered, but, according to the CPS, the case did not pass the test for gross negligence manslaughter.

What I have called Whitlam’s law seeks to make this analysis irrelevant by calling for parity of esteem. There is much confusion, and contradictory prosecutions around the country. In 2010, David John Arthur, 62, tried to convince Truro magistrates that he was not guilty of drink-driving because he was caught in a Tesco Extra supermarket carpark, claiming it was private property and the law did not apply. He was convicted. In 2012, Lisa Docktray, 41, drove from her friend’s caravan to her own at Presthaven Sands holiday park, Gronant. She had an alcohol reading of 102 micrograms compared with the legal limit of 35, and believed she could drive because it was private land. She was found guilty. But in 2012, a priest, Canon Peter Maguire, was double the drink drive limit when he collided with a vehicle in a carpark. His defence was that the carpark was private land and therefore he could not be prosecuted. He was found not guilty on these grounds.

There are law firms that boast of getting around our laws and getting people off. I struggled over whether to name and shame them in the Chamber, but I fear that would only give them free advertising. They seek blatantly to disobey the law and then look for legal loopholes to get away with it. I think the majority of Members would have rightful contempt for these so-called practitioners of law. The road safety charity Brake has said:

“As a road safety charity we know only too well the devastation and suffering caused by drink driving. A drunk driver in charge of a vehicle, of any type, is a lethal combination. Whether this takes place on public or private land ought to be irrelevant”.

The time has come to say that parity of esteem must exist for road traffic prosecutions as it does if someone kills a person in their own home or on the street. Whitlam’s law is about changing the Road Traffic Act so that offences prescribed by it that are committed on private land are classed as criminal offences and are actionable by the police, particularly the offence of driving while under the influence of alcohol or drugs, regardless of where that vehicle might be. Whitlam’s law will prevent other families from having to go through Pamela’s trauma of losing her only son and then being told that a prosecution for death by drink-driving could not be brought.

You may remember, Madam Deputy Speaker, that a few years ago you were in the Chair when I brought another case to the House—that of a young boy who, a day before his 20th birthday, was killed by a drink driver. How often do people have to come to this Chamber to try to do something about our drink-driving laws and ensure that people are properly prosecuted and that justice is meted out? That would at least bring closure to the family. I ask any parent in this Chamber how they would feel if their only child, their only son, was killed and the immediate reaction was, “We cannot prosecute” even though the driver was drunk and all the investigations showed that he had plenty of time to see the young boy, it was at low-impact speed and the boy was there to be seen?

Harry Whitlam is dead because of a drink-driver, and it shames us all that the driver cannot be prosecuted because of a loophole in the law that some solicitors will exploit to get people off for what is a crime.

I close with a simple but heartbreaking statement from Pamela:

“I believe there should be no distinction between private or public land if someone is found to be in charge of a motor vehicle whilst under the influence.

By driving in this state they not only endanger the lives of others, but also put their own lives at risk.

It is a sad fact that some law firms pride themselves in exploiting this legal loophole, using it to get drivers acquitted of drink driving offences.”

It is even more distressing to me when they quote my son’s death as an example of how they can ‘beat’ the system.”

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John Hayes Portrait Mr Hayes
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Accidents in residential settings are just as tragic as those elsewhere, so when considering whether to formulate dangerous driving legislation for private land, we certainly need to think more widely than the health and safety legislation as it applies to work. Although we should recognise that the highway is a different environment from private land, we should not lose sight of the similarities. In seeking to address the toll of deaths and injuries from road traffic accidents, the World Bank has been advocating that all countries adopt what is known as a safe systems approach to reducing national road casualties.

In December 2015, my predecessor as a Minister in the Department, my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones), published the “British Road Safety Statement”, which, among other policies, set out what we are doing in this country to support the safe systems approach. While this obviously related to the highway, the principles can be applied off the highway just as reasonably and effectively.

A safe systems approach recognises that

“We can never entirely eradicate road collisions because there will always be some degree of human error; when collisions do occur the human body is inherently vulnerable to death or injury; and because of this, we should manage our infrastructure, vehicles and speeds to reduce crash energies”

to levels that do not lead to human injury or death.

In considering how to address the tragedy of off-road vehicle accidents, we would do well to adopt a safe systems approach. This is not to say that the solutions will be the same as those applied to the highway, but the aim of saving lives is the same. All this indicates that it is not straightforward to adjust the existing law to improve vehicle operational safety. Yet, the statistics tell us that we should, and must, aspire to do more to prevent future accidents. Legislation is not the only tool. For example, the Health and Safety Executive already works with trade bodies, including the National Farmers Union, to develop good practice relating to handling farm vehicles. This includes off-road specific factors such as working on uneven ground, steep gradients and using on-board machinery. Those things would not be covered by road traffic regulations, even if they were to apply.

I am conscious of how the law may appear, when the penalty for an illegal action depends on where it happens—that does not seem reasonable, does it?—particularly when it seems not to have regard to the equal severity of its effects. So, I am pleased to tell the House and my hon. Friend that I will consider how we might address the matter, including the possibility of future legislative reform. That may sound like a blithe, easy commitment to be delivered by a future Government. However, it is important that we get the reform right, and that we do not rush and make errors in how we frame that kind of legislation. It is more complicated than it first seems for some of the reasons that I have set out, but that is not a reason to do nothing. To that end, I invite my hon. Friend to come to my Department to meet me and my officials and talk through how we might proceed.

Alec Shelbrooke Portrait Alec Shelbrooke
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I am most grateful to hear what my right hon. Friend says, and it will come as a great relief to Pamela and her family that this has been taken so seriously. May I ask whether I could bring Pamela and her solicitor so that they can give their first-hand experience and talk about how this law may be developed?

John Hayes Portrait Mr Hayes
- Hansard - - - Excerpts

I would be honoured and delighted to meet them, so of course the answer is yes.

I have a reputation for quoting poets, and I usually do so in a light-hearted or jocular fashion, as the Speaker mentioned recently. But sometimes poetry can be applied to the most difficult circumstances, and the poet John Donne said this:

“any man’s death diminishes me, because I am involved in mankind”.

We are all poorer for an untimely loss of the kind my hon. Friend has raised in the House. Of course we are poorer, and of course we hurt when we lose a relative, a friend or a colleague, but we are diminished by any loss, and the tragic loss my hon. Friend described will have moved the hearts, as I said at the outset, of everyone in this Chamber, and of many beyond it who have heard this debate.

I say again that I am grateful to my hon. Friend for raising the issue of off-road vehicle offences. As I have said in reply to the debate, how we respond will depend on the joint working of a large number of bodies within Government. I am not able today to say exactly how the law will change, but given the short time from the point when this debate was announced, doing otherwise would have indicated that we had not thought this through properly. The implications of any such move will be planned carefully and considered, and we will proceed with certainty as a result of that deliberation. But I tell Members this: we will proceed with the firm intention that tragedies such as Harry Whitlam’s might be prevented in the future.

Question put and agreed to.

Oral Answers to Questions

Alec Shelbrooke Excerpts
Thursday 30th March 2017

(9 years, 3 months ago)

Commons Chamber
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Lord Grayling Portrait Chris Grayling
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The whole point is that it is a consultation. We have not taken any decisions, and we do not even have an intent. It is about asking people, “There are ways of running this railway that could potentially make it more reliable. What do you think?” If the answer is, “We don’t want you to do that,” we will listen. My focus for the hon. Gentleman’s local passengers and for those local railways is to deliver more capacity, the best possible reliability and, in particular, longer trains. All those things are firmly on our agenda.

Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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The CH2M issue is a bigger problem for my constituents. It is welcome that instead of the proposed viaducts in my area there is now going to be a tunnel, but other changes and mitigation are still required. My constituents want to know whether the CH2M issue delays any potential changes or decisions that will affect their lives.

Andrew Jones Portrait Andrew Jones
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No, it does not.

Oral Answers to Questions

Alec Shelbrooke Excerpts
Thursday 12th January 2017

(9 years, 6 months ago)

Commons Chamber
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Paul Maynard Portrait Paul Maynard
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I am glad that the hon. Lady brings up that case. I am sure she shared the same sentiments that I am sure every Member felt on reading that story: it was simply unacceptable. We have made it clear to CrossCountry, through officials, that it was not good enough, and I will reiterate that when I next speak to the company. More importantly, I want to ensure that we meet our target of every rail carriage, including the toilets, being fully accessible by 2020. In situations in which the accessible toilet is out of order, for whatever reason, either that carriage must be taken out of service or, if that would have unacceptable service consequences, any individual on the train who might need the accessible toilet must be made aware of the situation before boarding and thereby have the chance to make alternative arrangements.

Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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Money was secured more than three years ago for step-free access, not only for disabled people but for all people, at Garforth train station. Network Rail has been stalling and delaying. I have secured a commitment to the printing of a poster advertising that the work will happen by May, but may I urge my hon. Friend to speak to Network Rail to get the work done as soon as possible? The money has been in place for three years; delays are not necessary.

Paul Maynard Portrait Paul Maynard
- Hansard - - - Excerpts

I am more than happy to discuss the matter further with my hon. Friend. My initial understanding at this stage is that the works at Garforth, as indeed with many on the trans-Pennine routes, are interlinked with the upgrades we are planning on the trans-Pennine network. I am happy to have a further discussion with him.

HS2 Update

Alec Shelbrooke Excerpts
Tuesday 15th November 2016

(9 years, 8 months ago)

Commons Chamber
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Lord Grayling Portrait Chris Grayling
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The hon. Gentleman misses the central point, which is that this is a project about capacity. Whenever we have Transport questions, we hear about the pressures and congestion on, and the challenges for, our rail network. The west coast and east coast main lines, which are principal routes, are mixing together express long-distance trains, intermediate semi-fast trains, local community trains and freight trains. When things go wrong, they become congested and the trains are mixed and matched. We have to create extra capacity if we are going to be able to deliver solutions to the demands of the next generation. That is what this project is all about.

Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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May I start by thanking my right hon. Friend the Member for Derbyshire Dales (Sir Patrick McLoughlin), my hon. Friend the Member for Scarborough and Whitby (Mr Goodwill), the Under-Secretary of State for Transport, my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones) and my right hon. Friend the Secretary of State? As one of my constituents put it to me, what has happened today, with the actioning of my proposed reroute of the branch line to Leeds at Woodlesford, shows that the political system does work. However, the main line past Swillington and Garforth in my constituency remains unchanged, so will my right hon. Friend meet me at the earliest opportunity to discuss mitigation and landscaping that will limit the impact on my constituents?

Lord Grayling Portrait Chris Grayling
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I am pleased that my hon. Friend’s constituents are happy with the change in his area. My hon. Friend the Minister will be happy to meet Members from across the House later today if they wish to raise specific issues, and of course we will have those discussions.

I want to mention something that I should have said in my earlier remarks. I cannot remember which Opposition Member’s constituency includes Crofton, where one of the depots is planned. I have been to the site and I am looking actively at whether we can find an alternative location for the depot. I hope to be able to bring forward an alternative, but I cannot provide guarantees today.

Oral Answers to Questions

Alec Shelbrooke Excerpts
Thursday 15th September 2016

(9 years, 10 months ago)

Commons Chamber
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Andrew Jones Portrait Andrew Jones
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We want to strike the right balance between safety and freedom for young drivers, many of whom rely on their cars to get to work or to college. We are focusing on efforts to encourage learner drivers to be better prepared for the wonderful freedom that a licence provides, through the reform package on changes to the driving test. The consultation on that closed only a few days ago. I hope that the hon. Lady participated in it.

Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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Can my right hon. Friend confirm that the new proposals for the HS2 route to Leeds will still be published this autumn?

Lord Grayling Portrait Chris Grayling
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It is definitely my intention to publish details of the proposed northern part of the route—the right-hand side of the Y on the last leg to Manchester—later this autumn.

Cost of Public Transport

Alec Shelbrooke Excerpts
Tuesday 19th January 2016

(10 years, 6 months ago)

Commons Chamber
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Lord McLoughlin Portrait The Secretary of State for Transport (Mr Patrick McLoughlin)
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I welcome the debate and I know that the hon. Member for Nottingham South (Lilian Greenwood) cares very much about the subject. She has worked with us on the Bill for HS2, which is making good progress, and I thank the Opposition for their support on that vital project.

I also thank everyone in all parts of the transport industry who has been out this winter responding to the floods. It has not been easy, but good progress is being made. I was in Cumbria for the second time last week to see it at first hand. Over the Christmas period, Network Rail also successfully carried out its biggest ever works as part of the railway upgrade plan that is so essential to the future of the British rail industry. I pay tribute to the thousands of staff who gave up their Christmas to improve our railways.

Today, the hon. Lady asks about transport costs, and I am pleased she does. After all, the Opposition should know all about them, because when they were in office rail fares soared. In their last full year, regulated fares increased by up to 11% and between 2004 and 2010 they went up by about 4% a year—a total increase of some 26.4%. We have kept increases down. They have dropped steadily over the past five years and we have frozen increases at inflation for the whole of this Parliament, a promise made in our manifesto and kept in government, saving more than a quarter of a million season ticket holders an average of £425 over the next five years.

The Opposition should also know about the cost of driving. Fuel prices are down by almost 16% in real terms since 2010 and we abolished a number of the increases that were going to take place under the Labour Government.

Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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Despite all the howling we have just heard from Opposition Members about oil prices, was it not the Opposition who wanted to freeze energy prices?

Lord McLoughlin Portrait Mr McLoughlin
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I am going to say a bit more about their record in government; I am not sure that I want to say too much about their record in opposition.

--- Later in debate ---
Lord McLoughlin Portrait Mr McLoughlin
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My hon. Friend clearly shows that Conservative councils choose priorities to help local people and make sure the investment goes straight to the frontline. I congratulate the council in his area on doing that.

Alec Shelbrooke Portrait Alec Shelbrooke
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Will my right hon. Friend give way?

Lord McLoughlin Portrait Mr McLoughlin
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If my hon. Friend will forgive me, I am mindful of the time. I know other hon. Members wish to speak, and I understand that there is to be a very important maiden speech.

On the east coast line, Virgin is bringing 23 new services a day from London, with more than 70 extra stops at stations. The hon. Member for Nottingham South is against that. There are plans for new direct services to Huddersfield, Sunderland, Middlesbrough, Dewsbury and Thornaby, and more trains to London from Bradford, Edinburgh, Harrogate, Leeds, Lincoln, Newcastle, Shipley, Stirling and York. That is our plan to build for the future and support our great cities, too. Under this Government, that means city deals, new mayors, growth, a northern powerhouse and a transformation of the railways in the north.

In 2004, when Labour was in charge, it let the franchise for Northern rail on a zero-growth basis. That meant no investment, while fares were allowed to rise. It was a disgrace. Perhaps the hon. Lady would like to apologise for the consequences. The cost was no new trains and massive overcrowding, with people expected to travel on worn-out Pacers. Just before Christmas, the Government let new franchises for Northern and TransPennine that will result in a £1.2 billion boost to rail services, 500 new carriages, 40,000 extra spaces for passengers and free wi-fi on trains and in stations. No wonder local Labour politicians in the north were lining up to praise the move. Liam Robinson, chairman of Merseytravel, said it was a “big step forward” and would “drive up standards”. Labour councillors including Peter Box, Richard Leese, Keith Wakefield and Nick Forbes praised the impact of devolution to Rail North. The RMT commented too, describing it as a “bitter blow”. Who does the hon. Lady agree with? Would she have signed that franchise contract—yes or no? Would the Opposition have walked away, leaving the north with nothing, just like they did last time? We bring the private and public sectors together in partnership, backing better services and growth.

The hon. Lady mentions buses. I am not clear what she wants. Does she want to nationalise them too? We are going to legislate so that cities can help shape their bus networks, working with the private sector. While her party was in office, bus use outside of London fell by 8%. In 2010 only 25% of buses outside London could take smart cards; now 89% can. Compared with 2010, buses are safer, with more CCTV, and they are busier and more accessible. The Government are supporting the vital work done by community transport organisations with a scheme to help them buy new minibuses. We have taken tough decisions on the economy, but protected concessionary travel across the country.

On road travel, we have reformed Highways England and set out the first-ever long- term investment programme. We are investing in local roads, with a record £6 billion of funding to tackle the menace of potholes, and a further £475 million for the larger road schemes that some towns so desperately need. On cycling, which the Opposition did not even mention in today’s motion, we have increased spending from the £2 a head that we inherited in 2010 to £6 a head today, and we will go further still.

That is the investment we need to help cut the cost of transport. We are getting on with Crossrail, which is on course to open two years from now. We are getting on with HS2, with construction starting in less than two years from now. A new National Infrastructure Commission has been established. Record investment is taking place and rail fare increases have been frozen in line with inflation. Transport is transforming our country, whereas Labour wants to go back to an age when train use fell, fares went up and investment was cut. This Government are optimistic about rail, roads, buses, cycling, and more importantly the British people. We are going to be trusting. We are going to see investment at a record level, which will be good for our cities and for our country right across the transport network. I urge the House to reject the motion.

--- Later in debate ---
Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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I congratulate the hon. Member for Oldham West and Royton (Jim McMahon) on his excellent speech. I am sure he will be joining the Opposition Front-Bench team a lot sooner than is customary—he certainly made an excellent speech.

My right hon. Friend the Member for Chelmsford (Sir Simon Burns) pretty much laid out exactly what I intended to say about investment in the railways. I can tell my right hon. Friend that I am just about old enough to remember British Rail. I remember the fact that if people were wearing a light-coloured suit or trousers, they would be dirty when they got up. I remember lice coming off the back of the chairs, and I remember carriages literally covered in excrement and never cleaned.

That was the state of the railways when they were in public hands. It was not invested in, and there can be no doubt that over these last 20 years, the standard of the railways, of the rolling-stock and of the whole thing has moved forward. We simply do not hear on the comedy circuit the British rail catering jokes that we used to hear 20 years ago, because it has improved and become a thing of the past.

On the issue of investment, when we talk about what is happening with the railways—there is still a lot of work to do, and I know that my right hon. and hon. Friends on the Front Bench are looking carefully at what happens with ticketing—we should bear in mind that we need to create more track and more rail. My city of Leeds, for example, shows that an integrated tram-train system that can use the heavy rail and operate in the city centre is vital. That will never be built by Government through public ownership. It can be built only by attracting investment from the private sector to run, operate and get it going, so that people can make cheaper journeys into the city centre than they have to make now. It can be more reliable and once there cannot be moved. I just wanted to make that brief point that investment in the railways is vital and simply cannot be delivered via public ownership, as was proved time and again under British Rail.

Airports Capacity

Alec Shelbrooke Excerpts
Monday 14th December 2015

(10 years, 7 months ago)

Commons Chamber
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Lord McLoughlin Portrait Mr McLoughlin
- Hansard - - - Excerpts

I am still waiting to hear—it should be such a simple, easy answer—what the SNP’s position is on this matter. Which scheme do SNP Members support? They are silent on it. They want everybody else to give their answers, so that once the decision is made they will attack it and say they would go down a different route. That seems to be the only point of the SNP in this Chamber: to wait for a decision to be made, then attack it. No wonder SNP Members are in such a difficult position today.

Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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The effect of a hub airport in the United Kingdom stretches to all parts of the United Kingdom, including up in the Leeds area. Those travelling transatlantic who want to get airside at Leeds cannot do so because the first flight out of Leeds is around midday, so capacity is vital to the economy. However, I believe that all the options before us are wrong and I would like my right hon. Friend take to this opportunity to look further at what I think is a better option, a fourth: two more runways at Stansted.

Natascha Engel Portrait Madam Deputy Speaker (Natascha Engel)
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Order. Before I call the Secretary of State, I remind Members that we are asking questions, not making statements, and those questions should be a lot shorter.

High Speed 2

Alec Shelbrooke Excerpts
Monday 30th November 2015

(10 years, 7 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

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Alec Shelbrooke Portrait Alec Shelbrooke (Elmet and Rothwell) (Con)
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I note today that Leeds City Council has been successful in lobbying for the “T” station in the centre of the city, and also that the concerns expressed by my constituents in Woodlesford and—as my right hon. Friend knows, by me—have led to options being at least considered in regard to the route to Leeds. I hope that they will include the tunnel idea. May I urge my right hon. Friend to put pressure on HS2 Ltd to publish the route as soon as possible, in order to avoid circumstances such as those experienced by one of my constituents, who tried to remortgage his house last week and found that the mortgage company had given it a £0 rating?

Lord McLoughlin Portrait Mr McLoughlin
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I am incredibly sympathetic towards cases of that kind, and my Ministers and I are always willing to look into individual cases. This is a huge project. As I have said, I regret not being able to say more and confirm the rest of the route at this point, but that is still being studied, and all the options suggested by Members are being examined. Once we have announced the route, there will come a time for legislative changes to be made in the House of Commons. I am afraid, however, that part of the difficulty with planning long-term infrastructure projects is caused by the fact that they are long term, and they do take a long time.