High Speed Rail (West Midlands - Crewe) Bill

Debate between Antoinette Sandbach and Owen Paterson

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

[Antoinette Sandbach]

I completely agree. I am worried that NDAs are used to cover up wrongdoing in HS2, particularly in relation to redundancy payments, which have been discovered by the National Audit Office, and it has been agreed that the scheme was inappropriate. The difficulty is that without such provision being included in the legislation, that statutory protection is not available to those who wish to blow the whistle or otherwise highlight failures.

NDAs are also used for local authorities. I know that, because it applies to my own local authority. In answer to a written question, my hon. Friend the Member for Wealden (Ms Ghani), the HS2 Minister, reported that 31 local councils have an NDA in place with HS2, including Cheshire West and Chester, and Cheshire East Councils, which cover my constituency. Apparently, they are required to discuss advanced planning issues and matters of a commercially sensitive nature. However, the councils also sit on the implementation advisory group which feeds back to my community what HS2 plans to do in my area. Matters that go beyond planning and commercially sensitive information are being withheld on the basis of those NDAs signed with HS2, denying me as the Member of Parliament the ability to quiz HS2 on what it plans to do in the area. How, for example, will road movements be affected, and how will that affect my industrial estate? How is the public interest served by those NDAs, which limit the information that councils can give to my constituents?

[Mr Paterson]

I am grateful to my hon. Friend and neighbour for giving way. I am shocked by what she has revealed. Does she have any idea what is driving those NDAs, and how long are they valid for? What is the intention behind this?

[Antoinette Sandbach]

I have asked for details, and for a copy of an NDA but, again, there was a refusal to disclose that to me. The claim is that that is exempt from disclosure, because it is commercially sensitive information, but I am afraid that I simply do not agree that all those NDAs are required just for commercially sensitive information. As I said, 40% have been signed in the past 12 months, and I am concerned that they are used to withhold from the public and from elected representatives information that the organisation may not wish to go into the public domain.

[Mr Paterson]

How long are they valid for?

[Antoinette Sandbach]

I do not know, but presumably for the length of the project.

That has an impact on Members representing constituencies on phase 2b of the route, because we cannot get information from HS2 about how it will impact our constituents. Any Member of the House who has had dealings with HS2 knows that it has an approach to secrecy unparalleled since the cold war. If our councils are prohibited from telling us details of their discussions, we struggle to assess local impacts. Clearly, there is a problem. My new clause tries to steer a path between an outright ban and the current approach of issuing NDAs as a matter of course. It tries to operate within boundaries already established for HS2 best practice and it gives discretion where necessary while erring on the side of transparency and the public interest.

HS2 already has a residents commissioner and a construction commissioner who, together, act as impartial monitors of HS2 and offer advice to those affected by the scheme, be they residents, businesses or other groups. My amendment would add an assessor, who would be a QC or a High Court judge. This individual—appointed by the National Audit Office, Parliament’s spending watchdog—would be required to approve as in the public interest any future NDAs that HS2 seeks to enter. The assessor would also have the power to review all previous NDAs and assess whether they, too, are in the public interest. If the assessor judges an existing NDA to be not in the public interest, it would cease to have effect.

My amendment would unshackle whistleblowers and elected officials to discuss HS2 freely and honestly. If, after any revelations emerge, Members wished to continue with the scheme, they would at least make that decision on the basis of the facts, and not the partial picture we see today.

I make no secret of my approach to HS2, but my amendment should appeal to everyone, whether or not they support the project. Those who see HS2 as a grand success should want to see it shouted from the rooftops, not swaddled in secrecy; and those of us who believe the costs will continue to spiral until the game is not worth the candle would be able to see for ourselves the full costs involved.