High Speed Rail (London-West Midlands) Bill

Baroness Randerson Excerpts

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

Moved by

[Baroness Randerson]

1: Clause 1, page 1, line 10, after “with” insert—
“(a) a spur from Old Oak Common in the London Borough of Hammersmith and Fulham to a junction with the West London Line south of North Pole Road on the boundary between the London Borough of Hammersmith and Fulham and the Royal Borough of Kensington and Chelsea; and(b) ”

[Baroness Randerson (LD)]

My Lords, I shall speak to the amendments in my name in this group. I start by assuring the Minister that we are not seeking to rewrite the Bill. These are very much probing amendments, which I want to use to reveal some of the reasoning behind the government decisions on links between HS1 and HS2 and, most importantly, to gain some assurances on future plans.

Amendment 1 reinserts into Clause 1 the concept of the link between HS1 and HS2, which was dropped during the Commons debates. We acknowledge that there are practical difficulties associated with providing that link which would make it difficult and therefore costly. There are, however, huge practical difficulties associated with the proposed—and very costly—Euston development but that does not seem to have deterred the Government or HS2 Ltd. Ideally, when HS1 was built a box should have been built at Stratford. The idea was there originally but it was abandoned to save what was actually a small amount of money and it would be very difficult to do that now with an operating system.

I acknowledge, too, that surveys some years ago showed that the number of passengers wanting to travel directly from the north of England to the continent was not really large enough to justify major investment. Things have changed since then, however. Rail passenger numbers have soared and the Government have committed themselves to the development of the northern economy. Nevertheless, I recognise that Brexit, particularly a hard Brexit, will probably impact on passenger numbers to the continent, which will be lower than they would be in other circumstances. Surely, however, whatever those circumstances, the numbers will be considerable, so their needs should be considered.

The West London Line Group has proposed a short double-track link between Old Oak Common and the West London line north of Shepherd’s Bush. This would provide more choice all round of routes across London and further afield. There is an important point of principle: this would reduce the number of changes that people have to make. More than one change and you probably go by car instead, rather than choose to take the train. The proposed link would not only connect areas north of London to the continent but improve links with southern England generally. We are interested, therefore, to hear the Minister’s explanation of exactly why the idea of a direct HS2-HS1 link was dropped. As a result of that decision, one assumes passengers will now have to walk from Euston to St Pancras. I say that one assumes they will walk rather than be carried in any sort of transportation, but maybe the Minister can provide that information.

Euston Road is already very congested and if you have walked along it recently you will know that it is quite difficult to get down. I believe the committee’s report said that 61,000 passengers are now arriving at Euston per day. We are talking about only a proportion of those passengers but that is still a significant number and those travelling from HS2 to HS1 will, almost by definition, have luggage. Factoring in the points at which you alight from the HS2 at Euston and get on to the HS1 at St Pancras, the distance is more than a mile. The distance between the front entrances is 0.6 miles. Although my noble friend Lord Bradshaw will speak more about this issue, our point is that without a clear, comfortable, speedy and weatherproof interchange, the use of HS2 and HS1 as a route from north to south, or from the north to the continent, will be seriously undermined. So, I ask the Minister to provide us with details of the plans.

My noble friend will also say more on the use of Old Oak Common as an interchange into London but I want to underline its strategic importance, and thus the importance of developing it in a robust and flexible manner that will ensure it withstands the test of time. Many passengers will decide to leave their HS2 train at Old Oak Common rather than travelling on into Euston, and they will be able to take Crossrail from there, for instance. Indeed, it will be situated in a spider’s web of railway lines and will be very intensively used, so it needs to be up to the job and its regenerative potential for the area in which it is situated must be maximised. I ask the Minister: why were the original plans to link HS1 to HS2 dropped and, importantly, could they be taken up again if demand was at such a level that that would be justified; what firm plans exist for the trek along Euston Road; and can he assure us that Old Oak Common will be built with maximum capability and flexibility for expansion? I beg to move.

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[Baroness Randerson]

My Lords, this has been a very interesting debate. As well as the fount of most of our information, the committee’s excellent report, we have had the benefit of background information from the noble Lord, Lord Adonis, as well as the Minister’s response.

I will briefly refer to a couple of issues. The noble Lord, Lord Snape, referred to the fact that promises were made about HS1 and HS2 links. That was fundamental to the case for HS2. Plenty of people still think those links will happen. When you tell them that they will not, they are very disappointed. I appreciate all the practical issues; I couched my comments to make that clear. Notwithstanding the comments about cost by the noble Lord, Lord Adonis, I fear that our successors, sitting here in 30 years’ time, if this House continues to exist that long—I bear in mind we have been trying to reform it for more than 100 years—will probably sit here and say, “Of course, it would’ve been much cheaper if they’d made that link at the time”.

We now have to accept that that link will not take place in the short term. Therefore, we have to concentrate on the obvious link—the trek down Euston Road. I am disappointed that the Minister did not come up with a full answer, but I appreciate entirely why he did not: there is no full answer. My fear is that people are saying that it is too early and this is something for later on. That has been said this afternoon. The trouble is, decisions made about the purchase and demolition of buildings and the reconstruction of Euston Station will be made without factoring in the answer to this problem. They will be based on the principle that people will walk up and down Euston Road.

I have real concerns about disability issues here, not just families with children and a lot of luggage. I have real concerns about how people with disabilities will make the link between the two stations. I also fear that because, as the noble Lord, Lord Adonis, pointed out, a number of players have responsibility for this, we could end up with a group of organisations none of which will shoulder the responsibility alone, quite understandably. Therefore, it might be difficult to make progress.

I remain dissatisfied on the link between the two stations. I look forward to the Crossrail station, which it appears will provide the tunnel at some point in the future, but in the short term there certainly will not be a satisfactory thought process to produce a really good link. I will continue to show an interest in this. Having said all that, I beg to ask leave to withdraw my amendment.

Amendment 1 withdrawn.

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[Lord Snape]

I am immensely sorry to refute the noble Lord’s assertions but we spent a long time looking into this project and a considerable amount of money has been and is being spent trying to meet some of the objections that he outlined.

Those who, like my noble friend, were against the project denounced it for costing some £50 billion, yet with every speech they want to add to that cost because there is something in their area that they wish to preserve. I pay tribute, as others have, to the Select Committee, and note that my noble friend Lord Adonis has joined us. It spent months listening to various petitioners, many of whom were against the project, but all anxious for more public money to be spent on the bit they objected to. We could go on like this for ever and not build anything at all. Presumably that was the objective behind the speech of the noble Lord opposite. For my noble friend to pray in aid my noble friend Lord Mandelson by describing it as a vanity project—this from the man in charge of the Dome, a vanity project if ever there one—is, in addition to the other Second Reading speeches that have been made, of no great service to the Committee or the project.

I am fascinated by the agreement between my noble friend Lord Berkeley and the noble Lord, Lord Bradshaw. My noble friend wants to extend the line from Hanslope to Crewe. I am not sure how much that would cost. He also wants to build a four-track railway to replace the short distance of three-track railway from Hanslope Junction—as he will recall, there is another three-track railway going north from Rugby. Although it is neither in the Bill nor his amendments, it should not be too great a project to build that replacement. The noble Lord, Lord Bradshaw, meanwhile, wants to reduce the other end of the line to Old Oak Common. Yet they say they are in agreement with one another—by the sound of it, they both want to redesign the whole project. I am not quite sure how much that would cost, either.

I do not know whether there is any great merit in these amendments. I know that my noble friend and the noble Lord, Lord Bradshaw, spent a considerable time behind the scenes in the attempt to redesign Euston station and I am sure that we will come to that issue under a future amendment. However, it seems to me that this Committee will not make much progress if those who were against the project in the first place make similar speeches on every set of amendments between now and whenever the Committee adjourns later today or on Thursday.

[Baroness Randerson]

My Lords, I rise to make a short point following the comments made by the noble Lord, Lord Snape. I recently went to the railway museum in Swindon, where I read all about the predictions of disaster for Brunel’s Great Western Railway and the huge opposition to it. In fact, the towns that accepted a station in their centre prospered; those that rejected a station did not prosper as much. We nowadays look on railways as an environmentally friendly way of travelling. I simply want to point out that I do not believe that amendments that question particular aspects of the Bill undermine the Bill; in our case, they are designed to strengthen it. Wanting to monitor the spending of money is a sign that we want the project to succeed. I want to make it absolutely clear that putting down an apparently critical amendment does not mean any lack of support for the concept of the project as a whole. We want it to succeed.

[Lord Snape]

I hope the noble Baroness will accept from me that I am not making that accusation. I am saying that I do not quite understand the agreement between my noble friend and her noble friend Lord Bradshaw on this group of amendments, but I am sure that they will explain it. I appreciate that there are genuine and legitimate concerns inherent in their amendments. My objection is to speeches that are meant to sabotage the whole project. We have had these debates on umpteen occasions. My noble friend mentioned the Economic Affairs Committee report, which was torn apart on the Floor of the House. I am not saying that my contribution made any difference, but the approach that was taken was enough for me. If we are going to judge every project on so-called value for money, no project would ever meet the criteria laid down by those who were against that project in the first place. Whatever you did, they would say, “This is not value for money”. As the noble Baroness, Lady Randerson, said, some of the objectors to Brunel’s railway were thought quite credible. They gave evidence to a House of Commons Committee saying that trains passing through Box Tunnel on the Great Western main line at faster than 60 miles an hour would asphyxiate those on board. They were not particularly credible then, although they were listened to, and some of the objections that we have heard to this project are not particularly credible now.

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[Lord Berkeley]

My Lords, I echo the comments of the noble Lord, Lord Brabazon. I have had communications from Transport for London, Camden Council and the West Midland Transport Authority, all expressing serious concerns about both the procedure being used and the practicality of what is proposed. In his opening remarks, the Minister said that the size of this project was unprecedented and therefore all these special regulations were needed to make sure you could get along the road. It is bigger than HS1, but not that much. Crossrail, going all the way through London was a pretty major project, too, and had many traffic issues. I was vaguely involved in both of them. As the noble Lord, Lord Brabazon, said, that begs the question of why, if this legislation was thought necessary, it was not in the original Bill so that local authorities could petition.

In terms of consultation, I have a letter here from Transport for London, dated 6 January, to the Department for Transport expressing concern that it had a meeting before Christmas where the consultation consisted of bringing up this draft regulation under AOB and that was it. It states that the discussion focused on the removal of vehicles and did not cover the amendments. So there was no consultation. Camden, in particular, must be worried about lorries: the latest figure for the borough is 1,500 per day. We shall probably come to that in a later amendment. It is no good HS2 trying to ride roughshod over TfL’s Safer Lorry scheme or using bus lanes for its heavy commercial vehicles. For a bus user, why should HS2 trucks get in the way of buses? London has to continue to operate. The cycle superhighway network—which I love, of course—is apparently going to be affected. None of these organisations appears to have been consulted.

There is a way forward. All these organisations—and I am sure Bucks county council and others are the same—want to consult and find a solution. I urge the Minister to withdraw the amendment and organise some far-reaching and comprehensive consultations so that, if there has to be legislation, a new draft can be brought forward on Report. If he does not withdraw the amendment, I shall oppose it.

[Baroness Randerson]

My Lords, I share the serious concerns that have been voiced around the room this evening. The way in which this is being attempted undermines trust in the whole process. We just heard the noble Baroness go to great lengths to reassure us about the care and concern that has been taken over an issue such as ancient woodland, and we are all very pleased to hear that. However, then to hear that the lives of thousands of residents and many thousands of drivers could be seriously affected by the introduction of changes to traffic regulations that have been subject to virtually no scrutiny and are contrary to the wishes of the local councils and traffic authorities means that the whole approach is unbalanced. I urge the Minister to think again, to reach out and discuss it with the authorities concerned and give them an opportunity to put their case. Some form of compromise can probably be reached. At least they will have been properly consulted. If that is not done, it feels a bit like sharp practice. I dare say that it is the result of people thinking about the need for this rather late, but I also tend to think that it is an overreaction and probably is not needed. As the noble Lord, Lord Berkeley, said, other big schemes have managed without it.

High Speed Rail (London–West Midlands) Bill

Baroness Randerson Excerpts

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

[Lord Berkeley (Lab)]

My Lords, Amendment 17 is to do with the restriction of lorries and road use. I declare an interest as chairman of the Rail Freight Group. The committee obviously spent a long time considering this, as it covers about 12 paragraphs in its report. Probably as a result of its questioning, HS2 has considerably improved its offer of the proportion of freight that will be taken by rail rather than by road, particularly in the Camden area.

My reason for putting this amendment down was to try to cover the whole of the route of phase 1 rather than just Camden. I point out that the reason we are in this situation is that HS2 did not start off the project by thinking, “It is clearly unacceptable to have 1,500 or 2,000 trucks a day going through Camden for several years, so how can we design a station and its approaches in such a way that you could use rail freight?”. In fact, Network Rail said that it did not want any rail freight into Euston, because it might delay the passenger trains. Since there are not any passenger trains at night, it is difficult to accept that that was a sensible argument. However, we are where we are.

HS2 has come some way at Euston. Given the pressure it has taken to get it this far, it would be a good idea if one could put some percentages in the Bill of what it would be required to do to move materials by means other than road. We are not just talking about spoil and demolition material; other materials can easily come in on rail and be trained off. Then there is the whole question of concrete, bringing in the aggregates and maybe the cement, and having a batching plant on-site. I remember saying to HS2, “Why don’t you put a batching plant there?”. I was told, “We’re going to put a generating station there”. I said, “But you could have thought of putting a batching plant there first”. “Well, we didn’t”. That was the kind of discussion that went on.

We can talk about this for a long period. HS2 is in discussions with the train operators now, and I hope that it has enough rolling stock to do it now. Again, we asked, “If you want to suddenly move all this material by rail, is there enough rolling stock in the country, or should somebody pre-order it?”. It did not want to pre-order it and influence what the contractors might say or do, and it will probably be all right. Outside London, it is unclear what could happen, so there is a strong argument for making sure that HS2 sticks to these percentages. We can debate whether they are the right ones, but we need to hold it to account. On Tuesday we heard about trucks in Wendover, and we heard about other places. We even heard, in the last amendment, that HS2 wanted to run trucks down the bus lanes in London because the trucks were more important than buses. It would be useful if some sort of legislative grip was taken on the provider as regards this serious and very important issue because otherwise we could still have 1,500 trucks a day going through Camden and a similar number going through other places that are equally congested and in need of protection. I beg to move.

[Baroness Randerson (LD)]

My Lords, I start by referring to the excellent committee report which refers to this issue in detail, and I am delighted to support the amendment. The committee notes that some areas of Camden, along with other urban areas, suffer levels of air pollution that are in serious breach of EU limits. It calls the haulage by road of materials to and from the construction sites,

“one of the gravest problems of the project”.

As the project has developed, the Government have made a commitment over time to more and more tunnelling in order to alleviate the problems of noise for residents in other areas, but that in itself creates another environmental problem because the excavated soil will have to be moved over long distances. Add to that the cement, aggregates and steel for tunnels and bridges and so on, plus building materials for several new stations, and we are talking about very significant amounts.

The committee’s comments on Euston concentrate on the level of disruption over a period of more than a decade which involves the demolition of a large office block as well as other homes. It is critical—I urge noble Lords to read paragraph 178—of the impact on local people and is particularly critical about the idea of rebuilding Euston station in two stages. I am using this opportunity to urge the Minister to press his colleagues in government and HS2 to ensure that a co-ordinated approach is taken, and I also urge the Government to bring forward the funding so that planning and rebuilding can be done together to limit the problems for local residents. Both Camden Council and the Regent’s Park Estate tenants gave evidence to the committee, as did the noble Lord, Lord Berkeley. It is noted that the shortest journey by road from Euston to the nearest landfill is 26 miles one way. In contrast, one train can move as much material as 124 HGVs, so to my mind there is absolutely no argument about the need to transport more materials by train—or indeed by river. Given the strong words of the committee, I was very disappointed that no clear recommendation was made about transporting the soil and that the committee simply resorted to exhorting HS2 to do better than the 28% of excavated soil and 17% of construction materials it guarantees to move by rail. Euston may, as has been stated, be a congested site, so I would argue that there is all the more reason to apply the highest standards.

It is also important to learn the lessons of the past. For both the Olympics and Crossrail, which in many respects were similarly congested sites, a political decision was taken to minimise transport by road and to set targets. As a result, some riverside wharves that would otherwise have been sold off for housing were retained to enable transport by river.

We need the Government to aim high. I believe that exhorting HS2 to do better will not maximise the use of rail for transport in this regard or, indeed, encourage it to consider river transport either. We need to set targets and there needs to be a political decision on this. This is all the more important because of the protracted nature of the plans for Euston. I take this opportunity to ask whether the Minister can confirm the rumours circulating in the Euston area that HS2 is considering moving the portals of the tunnel from which the proposed new HS2 line will emerge to the west of Euston station about one kilometre nearer to the station. Local residents would be very supportive of that because they believe that it would reduce the disruption caused by the removal of materials. Therefore, if that rumour is accurate, we will be pleased.

As regards whether it is appropriate to set targets for this issue, obviously some sites will be more difficult than others in terms of removing spoil by road. It is not practical to address this on a completely comprehensive basis but it is entirely reasonable to tell HS2 that it should have overall targets so that it achieves an overall picture.

As I said, from time to time the Government have acceded to requests for tunnelling and increased compensation, particularly in rural areas. That is laudable and we appreciate that responsiveness. However, the committee itself suggests that some aspects of the compensation schemes are unbalanced, favour rural areas and do not pay sufficient attention to the disruption caused by the construction process. Therefore, as well as addressing the issue of fairness in the compensation arrangements, I urge the Government to take a much more fundamental approach by reducing the disruption altogether. Transporting as much material as possible by rail would reduce that disruption.

In conclusion, although I have emphasised Camden and Euston, this issue applies throughout the length of the project, particularly in other urban areas as well.

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

My Lords, first, I thank the noble Lord, Lord Berkeley, and the noble Baroness, Lady Randerson, for their contributions. I say at the outset that I fully appreciate the intent behind their amendment in terms of maximising the use of rail for the transportation of material in relation to HS2. Both the noble Lord and the noble Baroness rightly focused on the concerns that have been raised, particularly in the London Borough of Camden and in Euston. However, the majority of construction sites for HS2 phase 1 are in rural areas and, practically speaking, do not have ready access to an existing rail network. Put simply, imposing the limits proposed in the amendment would mean that it would not be possible to construct HS2. However, it is important to take on board some of the points that have been made and answer them directly.

I of course share the concerns about the impacts of HS2 construction on the road network, as do the Government. As noble Lords may be aware, the Government have already made commitments with similar intentions. We have 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.

Specifically on the point of spoil by rail, the noble Lord and the noble Baroness talked about targets, and the Lords Select Committee was mentioned in the noble Baroness’s remarks. I am sure that noble Lords have also reflected on the committee’s note. Again, I thank the committee once again for its exhaustive work in this respect. Paragraph 411 of its report says:

“We are satisfied that HS2 is taking this responsibility seriously”,

and the report goes on to say that it saw,

“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”.

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[Lord Berkeley]

The noble Lord is tempting me to get on to the issue of guards, which I shall not do. The answer is yes—but it is not for the guard but for other things. But there are not many left.

[Baroness Randerson]

My Lords, I recall the old luggage vans, although the Minister is far too young to remember things like that. I was travelling on a train in Australia a couple of years ago which still had a luggage van, and it was used for two things. First, it was used for people to put long-distance small packages on. They were not travelling on the train themselves; they were simply sending their package. That might be a company or a private individual. It was also used in the same way as we check our luggage on to an aeroplane—you checked your luggage on to the train. It transformed the experience of sitting on a crammed carriage with people jockeying for position with their luggage. I fully accept that that model is probably not acceptable or appropriate in the UK, but we need to move on from our fatal tendency to cram as many seats into the space as possible while ignoring the requirements for luggage space. I am sure that your Lordships will all have sat on a so-called express train to an airport—by definition in a scenario where you are likely to have quite a lot of luggage—and seen people sitting with large suitcases on their laps because there is absolutely no space left in the tiny amount of room allocated for luggage on those trains.

I support the amendment proposed by the noble Lord, Lord Berkeley, because I think that we need to be more far-sighted on this. His suggestion on flip-down seats is extremely interesting and a useful compromise, because it provides seats where they are needed, when flexible space is not needed, allowing for change in future. Buggies are not going to go away. People are going to go on having children and using buggies and needing to put them on trains.

I want to use this opportunity to explore the issue of wheelchair space. By legislation, there will be such a space, but the Minister will remember that we had the discussion on the Bus Services Bill about what happens when two people in wheelchairs wish to travel together. Wheelchair spaces are very often a solitary allowance, so flexible space would allow additional space for wheelchair users. HS2 will be an absolute boon for wheelchair users; the current railway system is often difficult for people in wheelchairs to navigate, if not impossible. Air travel is very difficult for them. Many people in wheelchairs simply cannot drive a car. So this will be a huge opportunity for wheelchair users to undertake long-distance travel in comfort, and we need to ensure that the trains are designed in such a way that they are flexible enough to accommodate more than one wheelchair user at a time in a carriage.

Given that there has been so much publicity lately about the availability of toilet facilities for people with disabilities—noble Lords will recall the very distressing story of one of our Paralympic athletes who was put in a very undignified position by the fact that the sole disabled toilet on the train was not functioning—can the Minister clarify that these trains will have a modern and respectable level of toilet facilities for disabled people? I would like to feel that all the toilets were accessible for disabled people. By the time it is built, it will be the middle of the 21st century, and we really cannot have only a single available toilet on a train.

[Lord Adonis (Non-Afl)]

My Lords, the points made by the noble Baroness, Lady Randerson, and my noble friend Lord Berkeley are well taken, particularly in respect of facilities for the disabled, flexible space for carrying light freight and proper facilities for families and those looking after young children. There has been a tendency on the part of the railways to move in the Japanese direction of regarding freight and luggage as a bad thing and making it almost impossible for passengers to carry such items in comfort. I do not think that that is a direction in which we want to go.

However, the area where I am more doubtful is about facilities on high-speed trains or the next generation of trains in general for the carrying of bicycles. It is not that there should not perhaps be some facility at the margin for doing so—though I am not sure, even with the great wisdom and expertise of your Lordships’ House, that trying to design a train by committee is a good idea, so the figure of 10% that my noble friend Lord Berkeley has specified might be a bit too precise. If there is spare luggage space on a train that is suitable for carrying bikes, then that is fine. But the real issue in terms of encouraging much more bicycle use in relation to trains—which is out of all proportion more important than the capacity to carry bikes on trains themselves, which will only ever be marginal, particularly with very busy trains loading and unloading hundreds of people at a time—is decent cycle storage and rental facilities at stations, so that passengers do not need to convey bikes on the train in the first place. With the best will in the world, you are only ever going to be able to carry a handful of bikes on trains, but you can have thousands of bicycles, either privately owned or for rental, provided for at stations. By and large, our mainline stations, which were not designed for bicycles or indeed anything else modern, including in most cases decent retail facilities, have lamentable facilities for storing bikes. It is a telling indication of the big problems that we have in managing bicycles, even with all the improvements in London, that the cycle rental scheme does not embrace most London termini, because how to deal with the big issues of location and of shipping bikes backwards and forwards has not yet been worked out.

The contrast with best European practice in this area could not be more stark. I shall never forget visiting Amsterdam station and other major stations in Holland. Where you come out of the station, you have huge areas reserved for bikes, including rental schemes, along with bike workshops, so that you can get repairs done, and proper supervised bike facilities. It is a completely different situation from the one we have here. We are not yet at the stage of detailed station design plans for HS2 but I hope that, when it comes to the design of these hugely forward-looking stations that we want to see at Euston, Old Oak Common, Birmingham Curzon Street and other locations going north, there will be exemplary facilities for cyclists with significant space made available for cycle storage, repairs and rental schemes. In terms of a path-breaking approach to integrating cycling with railway use, seeing that there are state-of-the-art and capacious cycle facilities at stations is far more important than any provision that it might be possible to make in respect of the trains.

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[Baroness Randerson]

My Lords, we need something to deal with this issue, whatever form that “something” takes, and we need it to be independent and to have a responsibility to provide reports and analysis of the issues and problems as they occur.

The committee’s report is very critical of the record of HS2 so far. The committee said:

“The promoter has attracted a good deal of criticism from some petitioners for lack of engagement”.

HS2 Ltd has now made a commitment to put in place a strategy for community engagement, including for vulnerable residents, and has employed someone to deal with community engagement and complaints. However, it has a lot of ground to make up in terms of public trust. Indeed, the final amendment that the Minister put forward in our previous debate, which was a last-minute change of approach in terms of traffic regulation, does not inspire one with confidence that the Government are looking ahead at what they need, or if they are looking ahead, that they have raised the issue in time for full consultation on it. I am not sure which of those two scenarios is the more disturbing. As I say, HS2 has ground to make up. Throughout the project residents have a right to expect a good, simple, straightforward and independent process when concerns arise and they have complaints. I believe that a similar process was followed in relation to Crossrail. However it is done, we need intelligent mediation on this.

[Lord Stevenson of Balmacara (Lab)]

My Lords, I apologise for not being present at Tuesday’s Committee debate due to private reasons. I have subsequently read the report of the proceedings and very much appreciate the contributions made by my noble friends Lady Mallalieu, Lady Young and Lord Rosser. I particularly appreciate the Minister’s contribution as he covered some of the points I would have made had I been present, and did so very well. Of course, now that he has declared that he is a would-be train driver, I am sure that he will be disqualified from any future activities with regard to transport, but while we have him, we should cherish him.

I declare my interest as a resident of Little Missenden in the Chilterns AONB. I have also been involved in some of the campaigns associated with Little Missenden. My private interests were dealt with during a sitting of the Select Committee in your Lordships’ House. However, I think that, to the extent to which they were able to help, those matters are extinguished. Therefore, I am not dealing here with private interests but with the fallout from the issues that occur to me as a Member of your Lordships’ House in relation to some of the processes that I have been able to observe from a variety of positions.

I am speaking to Amendment 30, dealing with a complaints commissioner; to Amendment 31, in my name and that of the noble Baroness, Lady Pidding; and to the associated amendments relating to those. Amendments 30 and 31 relate to issues that stem from some of the processes that have been established to try to progress the Bill through a hybrid arrangement. The noble Baroness, Lady Pidding, made a very good speech in which she tried to identify where the gaps occur from a local perspective. I should have mentioned in my opening remarks that I thank her for speaking on Tuesday on another amendment. Noble Lords may not be aware that she rushed here, almost straight from the airport, and had not even unpacked before she arrived, and yet she was still able to give a very substantial speech, and I thank her for that.

The process we have been through reveals the need for either a complaints commissioner or an adjudicator. I absolutely agree with the points made by my noble friend Lord Berkeley and the noble Baroness, Lady Randerson, on these issues. During the Select Committee phase, the focus is on the personal interests of those who are directly affected by the Bill. The problem is that, even if you are trying to argue a more general public interest case, what you can do is narrowed down by the fact that the opening position and arrangements against which those presentations are made relate to your residence and propinquity to the line.

I am conscious that there are members of the Select Committee here today, and I do not in any sense want to do anything to suggest that I do not hold them in the highest regard or do not think that the report was an excellent summary of the work that they did. However, I found it a very difficult experience, and I am not an inexperienced public speaker. If I found it difficult, it is fair to say that other petitioners will have found it the same. It is a very adversarial process, focusing on private interests, and therefore mitigation, rather than on the broader issues that exist. There is no equality of arms because the process is done in a court-like setting with very highly trained, and presumably quite expensive, advocates against you.

The particularity of the situation in the Lords was that the committee, for reasons that I understand, had decided that it would not hear cases that involved alternative provisions. That meant that most of those who wished to speak, certainly those from the Chilterns, felt that they could not raise all the issues they wanted to. I could go on—I could mention that the lack of action groups and the reliance on parish councils was reflected, but I do not wish to get into that area. I just want that to be noted as the background. Looking back at the process, it seems to me that important issues have fallen by the side. It is not clear to me how those can be picked up, except through this process. This process is dealing with the public aspects of the Bill, but it engages with issues that could be regarded as private, even though they are germane.

I appreciate that this is quite a difficult point to get across and I have no doubt that I will be attacked for it. However, there is a gap around the need to regard what local expertise and understanding can bring to the broader picture. That is not the same as private interests. The issues faced by those trying to petition the Select Committee were no different from the issues faced by those arguing more generally against the Bill.

The Bill will go through—there is no question but that the Government will get their Bill. Therefore, it is now a question of how best to improve it for the future for all people. However, in the absence of the ability to get direct cost information about what is involved, we were constantly frustrated. How could it be that decisions were being reached that balanced the direct costs of building part of the railway and the adverse costs that would occur if the environment were destroyed? This obviously applies to the Chilterns, but there are other areas in which this is also a responsibility. We could not get that cost information: we lacked the ability to do so through the private sector and we have not been able to do it in any public way. That is a problem. I am not saying that were the information to be made available it would change anything, but we cannot get it and the decision is not transparent. There is no information available in the public sector about the trade-off that needs to be made—as I understand it, through the legislative process—between the responsibilities the Government have to maintain AONBs and the need to have the infrastructure of a railway. I have come to terms with the fact that there will be a railway and it will go through the Chilterns. However, I do not have the information to understand better the mechanics of how a decision was reached that it was too expensive to continue the tunnel past Wendover, for example.

There are some difficulties here. It may be that the review which is to be carried out on how we deal with these issues and how lines are to be built will pick up on the point, although I certainly understand that it is probably too late to look at this particular railway. But I want to put on the record that, from my experience, there are difficulties here.

My real point is one I mentioned earlier. It is about the way in which local experience about the problems and the pinch points cannot be built into the process. Some very good examples were given to the Committee in the sitting on Tuesday. The noble Viscount, Lord Astor, in what was a series of powerful and appropriate contributions, talked about the tunnelling at Wendover and the issues that have arisen from knowledge about a cheaper version which simply is not being discussed, along with the issues at Doddershall and Quainton. As the noble Viscount explained, these are all extremely pertinent in the local context, but there are wider issues about whether they are the better solution to the problems being faced by the proprietor in putting forward the railway. Like the noble Viscount, I do not understand how it is that these decisions are taken in the absence of information and in the absence of a process under which better interrogation could take place.

I shall mention two or three other matters although I do not wish to go into any detail and I am not looking to the Minister to make a response to them. However, I have been copied into correspondence from people living near Savay Lake and Savay Farm, which I know the committee heard about at length. As I say, I do not wish to go into the detail, but it seems that there may be a miscarriage here which is of an extent that might require, for instance, an independent adjudicator to take some interest in further down the line. That is why I support the proposal. The question about the haul road in Great Missenden for which there seemed a solution brokered outside the Select Committee in order to ensure that there would be a programme to mitigate the damage to Great Missenden collapsed and there seems to be no way to retrieve it because the system simply does not provide an opportunity to do so.

All these issues—there are others; I could mention the question of more issues closer to Great Missenden at Hyde Heath and further up the line as referred to by the noble Viscount, Lord Astor—show that the detail is not needed to make the general point that there is no body, no person, likely to be able to take account of redress where there is environmental impact as mentioned by the noble Baroness, Lady Pidding, or impacts on communities which occur after the Act is passed but during the process and before the line is opened. That is because the system does not seem to permit it. It will be, as it were, cast in concrete as soon as the Bill gets through. That seems wrong and therefore I agree absolutely with the idea that there should be some form of complaints commission. However, the noble Baroness, Lady Pidding, made the right point when she said that we need something with teeth, and therefore her proposal for an independent adjudicator may be the right way forward.

Before I close on this perhaps I may mention a point that was raised by my noble friend Lord Rosser on Tuesday. Many of the complaints that arose in the original hearings and in both Select Committees were about compensation. I think we have all had experience of how difficult that can be to apply. There is a proposal which I would commend to the Minister to take on board. I do not think that it could necessarily be available on this project, but it might be appropriate for phase 2. It could be of more general interest and I would ask him to take it away because I am not looking for a response today. It stems from a Private Member’s Bill tabled around 18 months ago in the other place. The idea is a property bond approach through a substantial fund that would be controlled by a mutual on the basis that where a person has a property which is affected by some form of infrastructure arrangement, it would not be necessary for the promoters of the scheme to provide a direct contribution towards the replacement costs should that property be required. There is too much detail for me to go through at this point in the proceedings, but I would like to leave the proposal with the Minister and I am happy to write to him and attend meetings if he feels that it is worth following up.

The difficulty that has bedevilled all the compensation schemes in the Chilterns has been around propensity to the line. Setting an arbitrary figure of so many metres before someone can qualify for one or other of the various arrangements was always going to cause problems, and that is a general observation rather than applying just to this line. If it could be possible to arrange matters, perhaps through some form of mutual obligation on all property owners, so that anyone affected by waterworks activity, electricity, railways and roads is covered for the diminution in the value of their property because of the works, that would lift a huge weight from those who are affected by infrastructure arrangements and, I think, it would help the Government to gain support for their projects. The proposal comes under the general idea of a property bond, but it is really related to the blighting effect of infrastructure projects. I commend it to those who might be interested and I will be happy to follow it up later.

High Speed Rail (London-West Midlands) Bill

Baroness Randerson Excerpts

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

That is the end. I tried to make it a short description but, as noble Lords will have understood, it is quite complicated. The Minister may say in reply, “Trust me, guv”, which is a reasonable response. But in talking to the local authorities there is a feeling that sometimes, as this Bill has passed through both Houses and the local authorities have been involved, there is a lack of confidence that HS2 will do what the Minister says if it does not feel like it. I do not think we will see any more of the aggression from HS2 that we have seen in the past, but I hope the Minister will consider this. I am sure there will be more meetings before Third Reading, but these issues need sorting out. Whether that is in the form of assurances or whether the Minister comes back at Third Reading with some of these amendments drafted in his own hand so that they will be correct, I look forward to his response.

[Baroness Randerson (LD)]

My Lords, as I have not spoken before at this stage of proceedings, it is appropriate to me to preface my remarks by joining others in thanking members of the Select Committee for all their hard work and truly amazing perseverance with the Bill. The report is excellent in many respects. There is no doubt about the thoroughness of it. But of course the amendments in the name of the Minister relate to something that the committee did not examine.

That previous set of amendments was brought forward in Committee without prior consideration. I am, therefore, pleased to see that considerable progress has been made since the Minister agreed to withdraw them. Camden Council is undoubtedly very much happier with the new set than it was with the previous set.

There are, however, outstanding issues, some of which the Minister referred to, including the impact on bus lanes, cycleways and the Safer Lorry scheme. He did not, however, unless I missed it—and I was listening carefully—refer to the congestion charge zone, and I would welcome clarity on whether these powers will affect that.

He also made it clear that there were issues where there was some distance between the Government and Camden Council and others. Can I have the Minister’s assurance that discussions are ongoing, and that the Government are looking for further progress? Although his assurances are very reassuring, they do not go the whole way towards addressing the concerns of the areas that would be considerably affected by these traffic regulations.

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Moved by

[Baroness Randerson]

8: After Clause 35, insert the following new Clause—
“Plan for restrictions on lorries and road use
Within three months of the start of the scheduled works, the nominated undertaker must publish a plan setting out, for each construction site in the Euston area being used or to be used for the scheduled works, how the number of lorries delivering to or from the site could be limited in order to meet the following restrictions by weight of materials transported by road— (a) no more than 50% of excavated spoil and demolition material;(b) no more than 25% of concreting aggregates;with the remainder in each case being carried by rail.”

[Baroness Randerson]

My Lords, Amendment 8 is in my name and that of the noble Lord, Lord Berkeley. It seeks to reduce the impact of many years of construction work on the residents of Euston and on our environment generally. In the light of earlier amendments, there is no way in which this amendment could be argued to be delaying anything going ahead with HS2. It is a detail relating to the operation of construction works. It is clear from the committee’s report, which goes into this issue in great detail, that it has concluded that the impact of construction works on the Euston area will be massive. We discussed the issue of compensation in Grand Committee, when the Minister said that he hoped to be in a position to produce further information about the compensation scheme that the Government are considering for the Euston area. Is he able to give us further information now?

In Committee, we put down an amendment that dealt with the transport of materials along the whole line but today we are concentrating on Euston, which is where the impact will be greatest. However, I argue that the same principles should apply throughout the whole project. Put simply, this amendment seeks to reduce the impact of construction on the beleaguered residents of Euston and the surrounding area by reducing the quantity of spoil and construction materials carried by road. The committee itself noted that areas of Camden suffer levels of air pollution well in excess of EU limits, which is a compelling reason to choose to transport by rail whenever possible.

The Euston area will suffer from more than a decade of disruption. Homes will be demolished, as well as a large office block, so there will be a lot of spoil as well as the building materials required for the new part of the station and the line itself. Your Lordships should bear in mind that after the HS2 part of the station is built, residents face disruption from the promised rebuilding of the existing station. The committee’s report notes that the shortest journey by road from Euston to the nearest landfill site is 26 miles, one way. As I said in Committee, one train can move as much material as 124 HGV lorries so the argument is very strong: as much material as possible must go by rail. If not by rail, it needs to go by river, which would of course necessitate putting the spoil or material into a lorry first to take it to the Thames. It would therefore not be as good as putting it straight on the railway.

HS2 is currently committed to moving 28% of excavated soil and 17% of construction materials by rail. It simply must do much better than that. Disappointingly, the committee did not recommend targets but major recent construction projects demonstrate that it is reasonable to expect a much higher percentage to go by rail. I give the House the examples of the Olympics, the tideway tunnel and Crossrail as construction projects which have been very successful in transporting by rail. Crossrail managed 80%, so the 50% target in our amendment is not that ambitious if looked at in that way. These figures are certainly not plucked from the air, as the Minister suggested in his response in Committee, but based on previous large construction projects and what could be reasonably expected.

In his response in Committee, the Minister also warned of the potential disruption to other rail services of using freight trains for this work. At the rate I quoted, with one train potentially carrying the load of 124 HGVs, we are talking about a small number of trains per day—say four or five. That is as nothing compared to the disruption to London traffic from many hundreds of HGVs every day. The Minister told us that it was premature to set targets but I was certainly not clear from his answer whether the Government intend to set targets at any stage. I believe that targets are a useful tool for encouraging HS2 to think more ambitiously. I am not clear whether HS2 is going to set the maximisation of spoil removal by rail as a requirement of its contracts with contractors. I am interested in whether the Government consider that this is something that they should be doing. There is also the issue of the control of subcontractors. Corners are often cut in large construction projects at this level.

I am certainly not arguing that transport by rail is the only measure needed. There are many others, as the noble Lord, Lord Berkeley, indicated in Committee. As yet, there are few signs that HS2 is taking the holistic approach to environmentally friendly construction that is desperately needed at this complex and congested site. Best practice at other large construction sites in central London demonstrates that this is perfectly feasible. TfL is leading the way in working with other contractors. For example, at one large building site near the Shard, it is estimated that 876 HGV trips were saved by a variety of other complementary measures. On its own, each one is simple and common sense, but easily ignored in the pressures of a large project where the requirement is to cut costs and keep to time. I am talking about limiting the empty running of vehicles by ensuring that reverse loads are available. There is the use of consolidation centres, so that lorries always arrive on site absolutely full. Of great importance to Camden residents will be strict enforcement of rules to prevent the running of engines in stationary vehicles. Fundamental to all this is the better use of arisings, such as the recycling of concrete and the better use of inert earth, for example for flood defences and landscaping.

All this requires imagination and co-operation, not just between HS2 and its contractors, but with other development sites and other local authorities. So far, the stated aims of HS2, the responses of the Minister and the evidence of the committee’s report, have not convinced me that HS2 is prepared to push the boundaries of best practice. This is what they need to do, because this is an extraordinarily disruptive development in Euston and the surrounding area. It should be the role of government to defend its citizens; I would say that the citizens of Camden do not feel that they are being defended at the moment.

I will listen carefully to see whether the Minister is able to give us greater assurances than he was able to give in Committee. I am grateful to the noble Lord for the time he has given in meeting me to discuss various issues associated with this Bill. But I regret that f he is not able to give greater assurances, I am minded to divide the House on this amendment.

[Baroness O'Cathain]

My Lords, every time we talked about how to get the spoil from the site through to the rail holding, the fundamental issue we discussed was moving more by rail. The problem is that people think a great job was done with the Olympics and with Crossrail. As was pointed out by the proposer, the geography of the area from where the spoil would have to be removed means that it was nothing like as easy. In some cases it would take a double journey to get the spoil to the railway. Every sinew was strained to overcome this. I hope that some other noble Lords who were on the committee will say how it was; the first thought was getting the spoil to a railhead or to a railway and reducing the number of HGVs on the road. I am sure that there must be something in our report on this—I will find out.

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[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.

[Baroness Randerson]

My Lords, there is a certain irony in building a railway but not using rail to transport materials because it is too difficult. That idea has been suggested by some noble Lords in this debate.

[Lord Ahmad of Wimbledon]

The noble Baroness has made a point, and I would like to provide clarification. As I think that the noble Lord, Lord Berkeley, mentioned, HS2 is very much committed to using alternative sources. We need to put any other suggestion to rest. In no way are either the Government or HS2 suggesting that we look towards the roads. Indeed, I emphasise again that we shall maximise alternatives to roads and ensure that spoil can be removed accordingly. I hope that the noble Baroness accepts that point.

[Baroness Randerson]

I accept that point, but the noble Baroness who was a member of the committee talked about the complexities of carrying materials by rail in this case, and the committee’s report refers to this. I accept that Crossrail and other sites that I mentioned are not the same. Of course they are not, but Crossrail achieved 80%. Therefore in terms of percentages, our amendment is relatively modest.

The Government face a huge problem with air quality in central London. They need to do everything in their power to encourage every construction site to transport as much as possible by rail or to use environmentally friendly methods. I say to the noble Lord, Lord Rosser, that the experience of other sites shows that the type of measure to which I referred in my speech, including transport by rail, reduces overall costs. However, to the Minister I make the fundamental point that the idea of targets has been accepted. HS2 has targets. It is simply that these need to be more ambitious. Locally agreed targets and arrangements were of course appropriate for Crossrail because Crossrail affected diverse areas across London. Our amendment refers only to Euston. Therefore I am disappointed that the Minister has not come up with definite arrangements to improve the plans that have been put forward so far by HS2. On that basis, I seek to test the opinion of the House.