Heavy Commercial Vehicles in Kent (No. 2) (Amendment) Order 2020

Baroness Vere of Norbiton Excerpts

Thursday 26th November 2020 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the draft Order laid before the House on 22 October be approved.

Relevant document: 33rd Report from the Secondary Legislation Scrutiny Committee

Motion agreed.

Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020

Baroness Vere of Norbiton Excerpts

Wednesday 18th November 2020 Grand Committee

Moved by

[Baroness Vere of Norbiton]

That the Grand Committee do consider the Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2020.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, these draft regulations will be made under the European Union (Withdrawal) Act 2018 in order to give effect to the Northern Ireland protocol in the withdrawal agreement.

The United Kingdom has already introduced European Union exit legislation on ship recycling. The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019, approved by your Lordships’ House on 29 January 2019, will come into force at the end of this year. The purpose of these regulations is to ensure that our retained legislation on ship recycling will continue to be legally operable, and to transfer functions from the European Commission to the Secretary of State.

The regulations before the Committee today are necessary to implement the Northern Ireland protocol, which addresses the unique circumstances on the island of Ireland. The Northern Ireland protocol includes provisions in Article 5 which specify that certain provisions of EU law will apply in respect of Northern Ireland. The EU ship recycling regulation is one of the provisions listed in Annexe 2 of the protocol. As a consequence, EU law will affect ship recycling facilities in Northern Ireland.

The EU ship recycling regulation transposed key parts of the Hong Kong convention on recycling of ships into EU law. The provisions apply to ship recycling facilities in the EU and to EU-flagged merchant ships above 500 gross tonnes. They do not apply to military vessels.

The main provisions of the EU regulation have applied from 31 December 2018 and include: rules about the authorisation and permitting of ship recycling facilities; the steps EU and non-EU ship recycling facilities should take if they want to be listed in the EU’s approved list of ship recycling facilities, known as the European list; a requirement that all EU-flagged ships must be recycled at an approved ship recycling facility, according to a certified ship recycling plan; and a requirement that all new EU-flagged ships must carry a valid inventory of hazardous materials. The EU regulation also requires existing EU-flagged ships, as well as non-EU flagged ships calling at European ports, to carry an inventory of hazardous materials by the end of 2020.

The new draft regulations amend the 2019 exit regulations. This in turn amends the retained EU ship recycling regulation and devolved legislation which affects Northern Ireland. I stress at this point that we have consulted Ministers in the Northern Ireland Executive about the changes to the draft regulations, and they have given their consent.

This instrument makes two substantive changes. First, it amends the provisions affecting ship recycling facilities in Northern Ireland to reflect our obligations under the Northern Ireland Protocol. In particular, it prohibits facilities not on the EU’s approved European list from recycling EU-flagged ships, and it requires competent authorities in Northern Ireland to notify the Secretary of State about any change in the authorisation or permitting status of their facilities. It also requires the Secretary of State to notify the European Commission of any such changes.

The impact of the protocol means that the existing arrangements for Northern Ireland facilities will remain the same at the end of the implementation period. Facilities in Northern Ireland will remain listed in Part A of the European list, which covers facilities located in the EU and in the European Economic Area. Secondly, the draft regulations will incorporate changes to reflect the fact that, by the end of this year, existing UK ships and non-UK ships calling at UK ports must carry an inventory of hazardous materials. This is a welcome development, because new ships are already required to carry a certified inventory. Applying this provision to existing ships should result in a more coherent and complete regime for the safe and environmentally sound recycling of ships.

Ensuring the safe and environmentally sound dismantling and recycling of ships at the end of their operational life has been a concern for a number of years. Many ships are currently dismantled on beaches in Asia, with little regard for human safety or protection for the environment. It is important, therefore, that we continue to have an effective ship recycling regime, which protects public health and the environment.

The changes introduced by this instrument will ensure that environmental law continues to function at the end of the transition period and demonstrates that the UK is implementing its commitments under the Northern Ireland protocol. I commend these regulations to the Committee.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

The noble Lord, Lord Berkeley, has withdrawn, so the next speaker is the noble Lord, Lord Bradshaw.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

My Lords, I thank all noble Lords for their contributions to today’s very short debate. These regulations are fairly simple, but a number of good questions have been raised that I would like to go into in a little more detail, if I can.

On the practical implications in Northern Ireland, which were mentioned by the noble Lord, Lord Rosser, although the right reverend Prelate claimed not to be an expert, it is quite useful to understand what will change in Northern Ireland, because, basically, nothing will change. The permitting regime will stay the same after the implementation period as it is now, and the competent authorities will stay the same. Each devolved Administration will continue to use their own competent authorities to approve and permit their facilities—that will happen in each region of the country.

The main difference worth emphasising is that facilities in Northern Ireland will get some benefit from this because, as noble Lords have pointed out, they will join the Part A of the European list until their permit expires. When their permit expires, it will probably be quicker and easier for them to reapply if they decide to remain on the list. Facilities in the rest of the UK will be treated as non-EU/EEA facilities and will be removed from the list. However, it is true that the three facilities that will be removed from the list can reapply to join, and they would do so under Part B. We know that that process is under way. Over time, we would expect the two lists to remain fairly closely aligned, because the standards will start off the same.

We have been in conversation with the three facilities that will need to join Part B, and we have also had reassurance from the European Commission that it will be sympathetic. For example, we have asked it to waive the non-mandatory elements of the application process for these three recycling facilities, which are: Able UK in Middlesbrough; Swansea Drydocks; and Dales Marine Services, near Edinburgh. If the Commission waives the non-mandatory elements, we expect that this will accelerate the process and, once on the European list, all UK facilities would be treated equally. However, I reiterate that this relates to a relatively small proportion of a shipyard’s business.

The right reverend Prelate talked about the coverage of the impact assessment. Of course, he has been in the House long enough to know that the impact assessment covers only the regulations that we are looking at, but he is right that the marine industry as a whole has a significant impact on carbon emissions, which we need to take incredibly seriously. I am sure that the right reverend Prelate has been hanging on the Prime Minister’s every word today as he outlined our 10-point plan, which includes £20 million for marine decarbonisation. That will be a really good springboard to try to look at what will work for marine. We recognise that there is an issue that we need to address. There is a longer-term strategy, Maritime 2050, which looks at the sector going out many decades, but we recognise that, ahead of COP 26, there is a lot that we can do. I know that the maritime sector is keen to play its part in decarbonisation, and I am very interested in looking at the various technologies that might be forthcoming that will help to decarbonise the sector as a whole.

However, on the basis of what I have said, I hope that noble Lords will feel able to agree to these regulations.

Motion agreed.

Railways: Fare Structures

Baroness Vere of Norbiton Excerpts

Tuesday 17th November 2020 Lords Chamber

[Lord Bradshaw]

To ask Her Majesty’s Government what plans they have to amend their policies on rail fare structures.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, the Government are considering how we can modernise our fares and ticketing offer to develop more convenient and better-value options for everyone. However, our immediate focus must be on ensuring that we keep the railway available and safe for those who rely on it.

[Lord Bradshaw (LD) [V]]

The rail industry has made many proposals to the Government on the reform of fares structures to better reflect current market conditions. When will the Government make some of these decisions?

[Baroness Vere of Norbiton (Con)]

The noble Lord is quite right. Indeed, the Government proactively approached the train-operating companies for proposals on how we can make our fares and ticketing system better for consumers. We have received a number of proposals over the summer and are considering them.

[Lord Snape (Lab)]

My Lords, it is apparent that the Treasury will insist on an inflation-plus increase in rail fares next year. Does the Minister feel that such a policy will attract passengers back to the rail system following the pandemic? Is it not more likely that, given the continuation of the 11-year freeze on fuel duty, more motorists will take to the roads, causing even more congestion and pollution in future?

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

The Government are considering plans for any increase in regulated rail fares. The taxpayer has provided huge support to train services during the pandemic; passengers must also contribute to maintaining and improving the service, and any fare rises will fund crucial investment.

[Baroness Randerson (LD)]

My Lords, will the Minister tell us whether the rumours are true that next year’s fare increase will not just be RPI, at 1.6%, but RPI plus 1%, so a 2.6% increase? Is that being considered by the Government, and does the Minister accept that rail passengers in Britain already pay fares that are very much higher than in the rest of Europe and really should not be expected, at this difficult time, to carry an extra burden?

[Baroness Vere of Norbiton (Con)]

I am sure that the noble Baroness will understand that I could not possibly comment on rumours, but I refer her to the answer that I just gave to the noble Lord, Lord Snape, about the Government’s plans for any increase in regulated rail fares.

[Lord Moylan (Con)]

My Lords, public transport must provide sufficient capacity to meet demand in peak periods and so has excess capacity at other times of the day. If public transport is to maximise its own fares revenue and avoid dependency on the taxpayer, does my noble friend the Minister agree that operators should be allowed to offer a broad and flexible range of non-regulated fares so as to recognise variations in demand, and that a move to a rigid and simple fares regime is likely to force unnecessary increases in many fares?

[Baroness Vere of Norbiton (Con)]

My Lords, fares revenue remains a core component of funding for the railways, and I agree that it is important that train operators manage their businesses in line with taxpayers’ interests. Any proposals for changes to fare structures will, of course, be discussed with train-operating companies to ensure that they deliver for both passengers and taxpayers.

[Lord Loomba (CB) [V]]

My Lords, now is the opportunity to reset the balance and give rail passengers better value for money. Can the Minister tell us whether the Government will look into the pricing of unregulated short journey tickets that increase yearly at a higher rate than longer journeys, leaving passengers paying more over time than they should?

[Baroness Vere of Norbiton (Con)]

I refer the noble Lord, Lord Loomba, to my previous response to my noble friend Lord Moylan. However, the Government are very clear that we want punctual and reliable train services, and at a price that is fair to the taxpayer and to the passenger.

[Lord Rosser (Lab) [V]]

In August, the Government provided the money to enable people to have cut-price meals, to help restaurants and similar establishments recover from the loss of business as a result of Covid-19 by getting people to eat out again. Do the Government have any similar plans for enabling people to travel at half price, or a significant discount, on our railways for a period of time, as a means of encouraging people to travel by train again after the end of the current lockdown?

[Baroness Vere of Norbiton (Con)]

The noble Lord must be reading our minds. Of course, there will be man things that we might want to consider doing once the course of the pandemic is clear and we have come out the other side, and once there are no restrictions on people’s travel. It may be that we introduce certain incentives, because we all know that the best way to travel is on public transport.

[Lord Greaves (LD) [V]]

My Lords, the Minister is being uncharacteristically coy in her answer to all these questions and saying nothing at all. She did say that the railways at the moment must be available and safe. They are available and are extremely safe, but the danger is that when the Covid emergency comes to an end, people will not go back to them. Can she tell us what the Government’s plans are and what they are thinking about in order to get people back on trains once it is possible for everyone to go on them?

[Baroness Vere of Norbiton (Con)]

I am not sure I have been called “uncharacteristically coy” before. However, the noble Lord is absolutely right: we are in a situation at the moment where people’s habits may change, which means they may form the habit of not using public transport. This is the same for trains, light rail and buses, across our public transport system. Of course, the Government are thinking very clearly and hard about the sorts of mechanisms that we can use, whether that be marketing campaigns or incentives, as I outlined to the noble Lord, Lord Rosser. We will consider all of these things. However, now is not the right time for that; now is the time to follow the November restrictions to make sure that we keep the virus under control.

[Baroness Jones of Moulsecoomb (GP) [V]]

This is an area where I can help the Government. At the moment, rail fares have been going up, year on year, often above normal increases, but at the same time, since 2011, people driving have paid less and less. So the cost of driving on our roads falls because there is no more fuel duty, yet the cost of rail travel keeps rising. One way to make the railways competitive with driving again would be to reinstate fuel duty at a realistic level.

[Baroness Vere of Norbiton (Con)]

I thank the noble Baroness for her advice; I am sure the Treasury is listening. As I said to the noble Lord, Lord Snape, earlier, we are considering plans for rail fares in the future, but we are working very hard on how to modernise our ticketing offer such that rail travel is as affordable as we can possibly make it.

[Lord Young of Cookham (Con)]

My Lords, one of the challenges facing the railways is to spread the morning peak; reduced fares kick in after about 9 am. Would my noble friend consider reductions for journeys that begin before, say, 7 am, to spread the peak earlier as well as later?

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

I thank my noble friend for that suggestion and I will make sure that the department looks at it. However, one thing that I discovered in my work with TfL is that the morning peak is now shockingly early and seems to start at about 5.30 am.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

Lord Berkeley. No? We will move on to the next speaker. I call the noble Lord, Lord Lancaster of Kimbolton.

[Lord Lancaster of Kimbolton (Con)]

My Lords, commuters on the west coast main line have been jammed in like sardines for years—never an appealing prospect, and even less so in the time of Covid. As well as flexibility on pricing, do we not also need to look at increasing capacity on our railways if we are to tempt people back to rail use?

[Baroness Vere of Norbiton (Con)]

The noble Lord is of course completely right. That is why the Government are investing £48 billion over control period 6, not only to maintain our railways but to enhance them and to increase capacity.

[The Deputy Speaker (Baroness Morris of Bolton) (Con)]

We have a few minutes, so we will try the noble Lord, Lord Berkeley, again. No, he is not there. In that case, the time allowed for this Question has elapsed. We now come to the fourth Oral Question.

Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2020

Baroness Vere of Norbiton Excerpts

Monday 16th November 2020 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the draft Regulations laid before the House on 12 October be approved.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, in this group of three statutory instruments, the first relates to type approval and the remaining two to carbon dioxide emissions from cars and vans and heavy duty vehicles or HDVs. The instruments have been considered by the Secondary Legislation Scrutiny Committee and the Joint Committee on Statutory Instruments, and neither drew them to the attention of your Lordships’ House.

First, the Road Vehicle and Non-Road Mobile Machinery (Type-Approval) (Amendment) (EU Exit) Regulations 2020 will be made under the European Union (Withdrawal) Act 2018 and the Road Traffic Act 1988 and are needed for the end of the transition period. This instrument amends the previous regulations relating to type approval approved by your Lordships’ House on 20 February 2019, which I will call the 2019 regulations.

There are two main areas of amendment in this first SI. The first is to change the regulations so that they apply in Great Britain and not in Northern Ireland. This is to implement our Northern Ireland protocol obligations and is so that we maintain control over the registration of vehicles and ensure unfettered access to Great Britain for businesses in Northern Ireland after the transition period.

Currently, most new vehicles can be registered and placed on the UK market only with a valid EU type approval. Existing EU exit legislation provides for a provisional UK-wide type-approval scheme to maintain control of vehicle registration after the transition period. It must now be amended to implement our Northern Ireland protocol obligations. The protocol applies EU type-approval legislation to Northern Ireland, so this instrument disapplies the 2019 regulations in Northern Ireland, essentially leaving the status quo in place there, while ensuring unfettered access for goods produced in Northern Ireland to the GB market. Vehicles sold in Northern Ireland will continue to be registered using an approval issued against EU standards, either by an EU authority or by the UK’s Vehicle Certification Agency, known as VCA.

The second area of amendment in this SI is that it removes an EU restriction limiting the height of mass-produced vehicles and trailers to four metres. This rule was introduced by the EU to protect infrastructure such as overhead tram wires in some member states. Manufacturers can currently produce vehicles taller than four metres for the UK, such as double-decker buses, but must use a more cumbersome national approval scheme that is designed for low-volume producers. This change will allow the main type-approval scheme to be used, which is more straightforward and economical for manufacturers.

The second instrument in the group is the Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020, covering the setting of carbon dioxide emission targets and their enforcement on new car and van manufacturers. These regulations will create requirements in Great Britain only, given that they are also covered by the Northern Ireland protocol.

EU regulation establishes mandatory fleet average carbon dioxide emissions targets for all new cars and vans registered in the EU per calendar year. Manufacturers receive individual fleet targets based on this top-level target by comparing the average weight of their fleet against the average weight of all relevant vehicles registered in the EU. As only the fleet average is regulated, manufacturers may sell vehicles with emissions above their target, provided that the emissions of their entire fleet balance out. Fines are levied on manufacturers for non-compliance.

The draft instrument corrects deficiencies in the EU regulation as well as in associated delegated regulations and implementing decisions, providing the Government with the ability to set and enforce emissions targets that are

“at least as ambitious as the current arrangements for vehicle emissions regulation”,

which the Government committed to in 2018. It also amends a prior EU exit SI, the Road Vehicle Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2019, reflecting changes to the EU regulation since that SI was laid.

Finally, the New Heavy Duty Vehicles (Carbon Dioxide Emission Performance Standards) (Amendment) (EU Exit) Regulations 2020 establish carbon dioxide reduction targets for new heavy duty vehicles or HDV fleets designed to encourage the uptake of zero-emission vehicles and to promote efficiency improvements in new internal combustion engines. There are no Northern Ireland protocol considerations with this instrument.

Manufacturers receive individual fleet targets that match the EU-wide carbon-reduction targets in the legislation. As only the fleet average is regulated, manufacturers may sell vehicles with emissions above their target, again provided that the emissions of their entire fleet balance out. Fines will be levied on manufacturers for non-compliance from 2025.

As with cars and vans, this instrument ensures that the Government can set and enforce emissions targets on new HDV manufacturers that are

“at least as ambitious as the current arrangements”.

It also amends a 2019 EU exit SI on the collection of data from new HDVs to reflect subsequent changes to EU legislation.

The changes made in the type-approval and the carbon dioxide emissions standards SIs ensure that we retain control of the registration of vehicles, maintain continuity of vehicle approvals and emissions, minimise costs to industry and implement the Northern Ireland protocol. I commend these regulations to the House.

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

My Lords, I thank all noble Lords for their consideration of these draft regulations. I will respond to as many points as I am able in the time available and will of course follow up with a letter if needed; there have certainly been some questions on which I know I do not have the information to hand—but I will do my best.

I turn first to the role of the VCA. The noble Baroness, Lady Randerson, noted an interesting point about how the VCA was going to do both GB-type approval and UK/NI-type approval. She may be interested to know that it also does EU-type approval, in conjunction with other EU member states. The VCA is a really high-quality certification agency and I am really proud of the work that it does. So, although I am grateful for the concerns that the noble Baroness raised, I believe that being able to respond to different type approvals in different countries with different requirements is well within the grasp of the VCA.

The noble Baroness talked about the impact on trade with Northern Ireland and what it is going to look like over time. I agree that we are in quite an interesting moment as we settle down to the new regime and how it will all work, but it is the case that the role of the Northern Ireland protocol is to make sure that certain elements are reflected where needed and that trade can continue as much as possible, so unfettered access ensures that Northern Ireland businesses do not need additional approvals to sell in GB. However, we will monitor the situation and consider applying anti-avoidance measures if concerns are raised about goods potentially arriving into GB that have come from elsewhere via Northern Ireland. For the time being, though, we are perfectly confident that the new regime will work very effectively.

On the issue of the removal of height restrictions, the noble Baroness, Lady Randerson, asked if we felt that vehicles were going to get higher. We do not. The whole purpose of the removal of the height restriction is purely so that the vehicles can be approved under the more standard type approval process rather than the small-volume type approval process, so it is really just to make it easier for manufacturers. I do not expect our double-decker buses or trailers to get taller any time soon, although I recognise her concern about bridge strikes. They concern me too, particularly when they involve double-decker buses that could have passengers on them. That issue is a big concern for the industry; I have written to bus operators about it and asked them to make sure that their vehicles are going down the roads that they should be.

I turn to the carbon dioxide SIs. I reiterate that the Government are committed to our international and national environmental obligations. We absolutely recognise the need to go further than the existing regulatory framework, but of course what noble Lords are discussing today relates to the carbon dioxide framework in EU law as is, which we are just bringing across and making sure that it works—so it does not really apply to future considerations.

The noble Lord, Lord Rosser, said his opposite number did not get a good response from the Commons Minister. I am going to do my best, but I fear that I will need to follow up with a letter. On the standards for cars and vans, the headline targets are 95 grams of carbon dioxide per kilometre for cars and 147 grams of carbon dioxide per kilometre for vans. Those are being retained, as are the formulae setting out the individual manufacturer targets—so those things are set in stone. However, these formulae set individual targets by comparing the weight of a manufacturer’s new vehicle fleet against the average EU vehicle, and the UK average vehicle mass is above the EU average vehicle mass. One of the consequences of adopting the current regime is that the sum of the individual manufacturer targets in the UK will be slightly higher than the sum of the targets in the EU. So, while this may appear to be a loosening of standards, that is incorrect; it simply ensures that manufacturers must apply the same carbon ambition that they currently employ in the UK. Effectively, manufacturers will be able to sell the vehicles that they would otherwise have been able to sell in the UK after the transition period has ended. Noble Lords will note that we did a consultation around the carbon dioxide standards and this mechanism was felt to be the most appropriate, although it was recognised during the consultation that there was an issue.

I turn back very briefly to Northern Ireland and the issue raised by the noble Baroness, Lady Randerson, about where NI-registered vehicles would count. They would count towards the manufacturer’s EU totals; NI will all be part of that. So it will not be that they are lost; they will just go into another bucket to be counted. That is what happens when a vehicle ends up in Northern Ireland; it may be manufactured in GB but then goes to Northern Ireland and it is very important that that figure is not counted twice, as it might otherwise have been.

The noble Baroness asked why Northern Ireland was not in the third SI, or why it is not pulled out of it. That is because heavy-duty vehicles are not included in the Northern Ireland protocol and therefore do not need to be dealt with in the same way that we are dealing with cars and vans. The UK-wide totals apply, so there will just be a different reporting requirement.

The noble Baroness also asked why the dates had been changed from March to September. I am reliably told that the reporting dates for HDVs have been changed at EU level. The EU legislation has changed, so we are simply transposing what has been changed at the EU level. Why the EU changed it from March to September, I do not know. If the noble Baroness would like a letter, I will send her one—but I am not sure I will be able to shed much light.

The noble Lord, Lord Bradshaw, asked who does roadside testing and enforcement. Emissions testing at the annual test is of course carried out by the DVSA for lorries and buses, while for cars and vans the DVSA obviously oversees all the MoT testing centres that we have around the country. The DVSA carries out a visual assessment of the emissions control system and visible exhaust smoke at roadside inspections but does not yet have emissions-testing equipment to measure emissions or smoke at roadside checks—although it does for the annual test. The DVSA is looking at trialling some new equipment that would be able to look at that in more detail, and we will have more on that soon.

On the number of spot checks that the DVSA has made, there were 172,000 checks on vehicles and drivers last year. I am not 100% sure about the arrangements for vehicles registered in the EU; I presume that they can be fined pretty much as well as anyone else can, but I will write to the noble Lord on that.

A number of noble Lords asked what we are going to do after the end of the transition period. While that goes slightly beyond the scope of the SI today, it is worth noting that we have great ambitions for our future UK carbon emissions regulation. As noble Lords will know, we have consulted on ending the sale of new petrol, diesel and hybrid cars and vans by 2035, or earlier if a faster transition appears feasible. The results of that consultation are coming in due course.

The matter of regulation and EU standards is very important. It is also something that troubles me greatly in terms of global standards. Vehicle standards are increasingly harmonised now at a global level—for example, through the UN and UNECE. The UK plays an active and leading role in UNECE and will continue to do so, so the majority of EU regulations actually arrive at the EU from a UN process that the UK is very involved in. So any changes to the regulatory regime would consider the views of and implications for all manufacturers and other interested parties, as well as having the UK regulations interact with the EU regulations and indeed the UN regulatory regimes.

Currently, carbon dioxide emissions are measured in the same laboratory test that is used to measure pollutant emissions—nitrogen oxides and particulates—and there are no plans to change this.

The noble Lord, Lord Kirkhope, mentioned Euro 6, and, of course, that standard will be retained in UK law after exit.

I was delighted when the noble Baroness, Lady Jones of Moulsecoomb, said that these SIs could not be argued with: I took that as a result. However, she then went on to ask about who was looking after the transport strategy and to whom she could write. I would be very happy to receive letters from the noble Baroness, and I will pass them on to my fellow Ministers, depending on which portfolio she is writing about.

The Government have great ambitions both for reducing air pollution and for increasing the use of electric vehicles. There is an interesting dichotomy that the noble Baroness always comes up, which is about reducing road traffic, as if that in itself has to be a goal. While I agree that congestion in certain places is absolutely terrible and road-space allocation is really important, I am not entirely sure that I would wish just yet to take away an individual’s right to transport themselves from A to B in a non-polluting vehicle.

Motion agreed.

Road Vehicle Carbon Dioxide Emission Performance Standards (Cars and Vans) (Amendment) (EU Exit) Regulations 2020

Baroness Vere of Norbiton Excerpts

Monday 16th November 2020 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the draft Regulations laid before the House on 13 October be approved.

Motion agreed.

New Heavy Duty Vehicles (Carbon Dioxide Emission Performance Standards) (Amendment) (EU Exit) Regulations 2020

Baroness Vere of Norbiton Excerpts

Monday 16th November 2020 Lords Chamber

Moved by

[Baroness Vere of Norbiton]

That the draft Regulations laid before the House on 13 October be approved.

Motion agreed.

High Speed Rail (West Midlands-Crewe) Bill

Baroness Vere of Norbiton Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords & Committee: 2nd sitting : House of Lords & Committee: 2nd sitting
Thursday 12th November 2020 Grand Committee

[Lord Rosser (Lab) [V]]

My noble friend Lord Berkeley has spoken about the purpose of his amendment, calling for an independent peer review of the section of the HS2 project covered by the Bill; namely, the connection to phase 1 at Fradley in the West Midlands and to the west coast main line just outside Crewe in Cheshire.

The most recent review—and it is recent—was the Oakervee review, which started off with my noble friend Lord Berkeley playing a prominent role, which then appeared to be downgraded as time went on, until at the end he seemed to be treated as a somewhat peripheral figure. Presumably this was not unrelated to my noble friend’s views about the review and its conclusions.

My Amendment 8 requires the Secretary of State to publish a cost-benefit analysis of HS2 within three months of the Bill becoming an Act, and then to

“publish a revised assessment in each subsequent twelve month period.”

I imagine that the Minister will oppose that but, if so, I hope she will be able to tell me that that is because this will be covered in the new six-monthly reports to Parliament. Obviously, I await her response.

However, I want to raise some points about costs. Are the committed costs for phase 1 now some £10 billion, with that figure being about a quarter of the Government’s estimated total cost of phase 1? If that is an accurate or reasonably accurate figure, would the Government expect committed costs to have already reached some 25% of the total cost of the phase before the permanent works have really got under way? What is the Government’s estimated cost of phase 2a and how much has already been spent and committed? What is now the expected completion date of phase 2a? Are the Government confident that their latest cost-benefit ratio figure for HS2 could never worsen as the project continues—and, one fears, costs rise—to the point where there would be a serious question about the case for HS2? An assurance on that point would be helpful. Is it the Government’s unequivocal position that once the Bill becomes an Act, phase 2a will proceed—no ifs, no buts?

Our position is, and has always been, one of support for HS2. It was no wonder that my noble friend Lord Adonis sought unambiguous assurances on Monday, which he did not appear to get, of the Government’s continuing commitment to complete the eastern leg of HS2 in full, to plan, from Birmingham through the east Midlands to Leeds. It was a Labour Government who got this project off the ground, thanks in particular to the drive and determination shown by my noble friend. However, there needs to be a proper grip on costs once specific figures for expected costs have been announced, which also means that considerable hard evidence-backed thought needs to be given to what, realistically, those expected costs are likely to be, and the same should apply as far as the benefits are concerned.

I suspect that the Government recognise that. In a letter to me of 16 October the Minister said:

“The Government have strengthened the arrangements for governance and accountability for the HS2 project. There is now a dedicated Minister, a cross-government ministerial group and a six-monthly report to Parliament.”


Is the appointment of a dedicated Minister an admission that there has been insufficient ministerial involvement and oversight of the HS2 project and its costs by the Department for Transport for a significant part of the past 10 years? That is what it sounds like. If so, why did Ministers allow that to happen and to drag on for so long? Does the creation of a cross-governmental ministerial group mean an acceptance that there will have been no proper co-ordinated cross-government policy-making at ministerial level and oversight on HS2, including its costs, for a significant part of the past 10 years? Once again, that is what it sounds like. Again, I ask: if so, why did Ministers allow that to happen and to drag on for so long?

I would like to know why the Government think that these new arrangements will strengthen governance and accountability. In what way is governance being strengthened? What particular deficiency in the previous governance arrangements will be plugged by these new arrangements? What positive impact on the HS2 project do the Government expect to result from these new arrangements? In what way do the Government believe that accountability will be strengthened by these new arrangements? Who and what will become more accountable and to whom? What benefits do the Government expect to arise from this strengthening of accountability for the HS2 project? What will be the impact of the strengthened arrangements for governance and accountability on the costs of HS2? If it is expected to be positive—and I assume it is—why will these new arrangements involving Ministers enable costs to be better controlled than they have been under the existing arrangements?

The first of the six-monthly reports to Parliament has reported a further £800 million increase in costs over six months. Are the Government satisfied that the reasons given in the report for the increase in costs could not have been identified much earlier with more extensive preparatory work? If the Government’s answer is that they are satisfied that that is the case, that seems close to an admission that they really do not know what the final cost of HS2 will be since, presumably, further major unexpected developments or problems could continue to arise all the time. If that is the case, we can only hope that such developments and other potential issues affecting costs do not end up exceeding the contingency provision that has been made because, as we have seen and know, opponents of this project are reinvigorated every time there is an announcement of a further non-budgeted increase in costs. That is why controlling costs is important.

I hope that the Government will be able to give some clear answers to the questions I have asked and will explain why and what they believe the new arrangements referred to in the letter of 16 October will deliver in respect of strengthened governance and accountability and much better control over costs of a project we continue to support.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, when I saw the first group for this second day in Committee I thought, “This is going to be Second Reading territory” and, lo and behold, it was the case. I thank all noble Lords for their contributions, which went slightly wide of the amendments in the group, which are essentially about reporting, not about whether or not HS2 should go ahead, although we had a little run around that track as well. I note that the last group on the Marshalled List today is about party walls, and I find that a very exciting prospect and very much hope that we will get there.

As I outlined in my previous responses about the Government’s recent changes to transparency and accountability, we are putting these at the heart of everything we are doing on HS2 because we believe that enhanced reporting measures and ministerial oversight will help. That is not to say that there was a significant deficiency previously, as was suggested by the noble Lord, Lord Rosser, but that with all these things good governance is very hard to achieve and incremental improvements to governance structures should be made when they are deemed appropriate.

On Amendment 6, about another report, I think I share the feeling of some noble Lords who have spoken: “Not another one.” There have been several reports on HS2. I believe it is now time to get on and get it built without having another report. Most recently we had the report from Doug Oakervee and his panel and the recommendations therein. The noble Lord, Lord Adonis, mentioned some of the people involved in that report, and I think we all agree that they are people of very high calibre. Indeed, they include the noble Lord, Lord Berkeley. He was on that panel and, as was and is his right, he published his own dissenting report, which of course the Government read and took note of. Is it time now to have yet another report on HS2? I believe that is not the right thing for us to do. We should be looking at the conclusions of the last report, which was written only recently, and putting them into practice. That is why we have Andrew Stephenson as the Minister for HS2 and why we have put in enhanced reporting requirements to Parliament.

The noble Lord, Lord Liddle, mentioned the HS2 board. It is already a strong board, but it has recently been enhanced by representatives from the Treasury and the Department for Transport. That is to make sure that HS2 remains absolutely focused on our priorities and the interests of the British taxpayer. We also have the integrated rail plan, of which the noble Lord, Lord Adonis, is such a fan. That plan is in development and will make recommendations on how best to deliver high-speed rail in the north.

Therefore, the Government do not agree that we need a further report or review—call it what you will— into HS2 at this time. There will be a significant amount of scrutiny to come in any event, given the existing arrangements.

On the amendment tabled by the noble Lord, Lord Rosser, as I have explained, a new reporting regime has just been put in place that commits the Government to report every six months. The first one was published last month and updated the House on costs and schedule.

I will sidetrack slightly, if I may, on the issue of costs and schedule because I am doing a lot of work around this as there are quite a lot of major projects in my portfolio. In this country, we have a slight issue that we expect to know exactly what the cost and schedule will be on day one. That is not even day one of the build. We seem to want to know what they are going to be on day one when someone has only just thought of the project. That is absolutely impossible with these sorts of large engineering projects.

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[Lord Adonis (Lab)]

Sorry: I was not quite sure who I was supposed to email under this complicated regime. I emailed someone, but clearly the wrong person.

Perhaps I could ask the Minister a question. She gave she gave a compelling response as to why we should not have a review. She was less convincing in response to my noble friend Lord Rosser about cost/benefits, because costs and benefits change over time, which was part of the point my noble friend was making. The noble Lord, Lord Framlingham, was so concerned that we should pay attention to cost/benefits; can the Minister confirm that when it comes to the next review of cost/benefits, it is very important that the costs of upgrading the three principal lines running north from London—the west coast main line, the Midlands main line and the east coast main line—will be set against the costs if HS2 does not proceed? All the estimates made of those costs are that they are huge and should not be discounted in any future cost/benefit analysis.

[Baroness Vere of Norbiton (Con)]

I thank the noble Lord for that intervention, but what he notes are the counterfactual opportunity costs of not having to do those upgrades. I am not sure how they would factor into a standard cost/benefit analysis, but it is certainly the case, as he pointed out, that they would be fairly costly and that HS2 brings not only speed but capacity.

[Lord Berkeley (Lab)]

My Lords, I am grateful to all noble Lords who have spoken to this group of amendments, and I will try to be as quick as I can, because I know we have a lot to get through today. The comments by the noble Lord, Lord Liddle, and the noble Baroness, Lady Randerson, about the need to have an effective HS2 board are absolutely right; that may well be one solution. As the Minister said, things are improving—we must see how it goes, but it is a good start.

It was interesting that my noble friends Lord Snape and Lord Adonis talked about having too many reports on railways. They are quite right but, as they both said, the Minister is undertaking one at the moment on the east side of phase 2B. That follows the Oakervee recommendation; paragraph 3.7 says that the Government should

“establish a further study to be completed by summer 2020”—

well, it is a bit late—

“to develop an integrated railway plan embracing 2B alongside an integrated railway investment programme for the Midlands and the North”.

That is a really good idea, but now to expect to have one enormous hybrid Bill covering the whole lot, as my noble friend Lord Adonis is suggesting, is not really sensible. It would be double the size of the phase 1 Bill, and that took long enough anyway.

I also respond to my noble friend Lord Snape—or perhaps it was my noble friend Lord Adonis—about the people on the Oakervee review. It is worth reminding ourselves that we had only two months to do this, and the terms of reference were slightly unusual for such a study and did not include anything about the environment —we added something, probably at my suggestion. That was one reason for suggesting that another review, done independently, might be a good idea to cover those matters. I will not go into the likely or actual opinions of the members of the review panel, because, as a result of their diaries, they were unable to spend a great deal of time on it, although they contributed a lot. Anyway, we are where we are, and the Oakervee review got published. There is always an issue with independence. A couple of people who I suggested should join or provide evidence to the review said, “If we do that, we might get blacklisted by the Department for Transport for future studies”. I will not name names, but that was a fear that people had.

It is all over now, and we have had a good discussion. Of course, I will not press the amendment and I look forward to continuing discussion on reports and information, cost/benefits and the environment. I beg leave to withdraw the amendment.

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This is a very murky and secretive area of NDAs. I share the view expressed that there are circumstances when they are needed and are fully justified—I am sure there are—but when one sees the number in relation to HS2, one is entitled to ask whether they have not got a bit out of hand and are being used in instances for which NDAs were not originally envisaged. Are they perhaps being used for the interests of the parties concerned, and have we forgotten that, where there is any doubt, transparency and the public interest should take priority, which is surely what good governance is in part about and which the Minister has said in earlier debates is what the Government want to strengthen in relation to this project?

[Baroness Vere of Norbiton (Con)]

My Lords, non-disclosure agreements, or NDAs, are entered into voluntarily with the consent of both parties. In the case of the HS2 programme, NDAs are used for good reason and in the public interest. For example, NDAs may allow HS2 to have open and frank conversations with stakeholders, including local authorities and businesses, on a range of plans and proposals—these are not firm schemes but plans and proposals; they are things that may come to pass or may not. By doing so, it has better access to the information it needs to inform the proposals then put forward. If all possible developments are public at all times, the alarm and concern created in local communities would be simply extraordinary.

NDAs provide huge value to the taxpayer and local communities by reducing generalised blight that would happen otherwise. HS2 entered into agreements with local authorities as part of the very early stages of exploring the different route options. This protected swathes of the country from suggestions of new infrastructure. What would have happened had those suggestions come out? Property values would have plummeted, yet most of those suggestions were just that—suggestions—and they would never have come to fruition.

The private nature of such conversations is helpful. It reduces worry and uncertainty for those affected by the scheme. The use of NDAs also protects the public’s private and personal data. Sometimes, it is necessary to share information between organisations. For example, there might be concerns about somebody’s welfare. HS2 has a duty of care but also needs to share such data in compliance with the law. NDAs allow this to happen. Protecting personally sensitive and project-related data in this way allows the project to avoid affecting property values unduly and to protect individuals’ rights. I am confident that the use of NDAs by HS2 is in the public interest. It is not a way to avoid transparency; it is a way to ensure that HS2 is able fully to scope the costs of the various proposals in a confidential manner and to ensure that whatever proposals are eventually put on the table are those most likely to succeed, while minimising the alarm caused in areas which, frankly, do not need to be alarmed because they were not in the end chosen.

The need for an independent assessor to testify to the public interest has been discussed extensively and considered by the Secretary of State for Transport during the passage of this Bill, including whether it might be pertinent to appoint further observers or implement a new complaints procedure. The conclusion has been that it is right that those who wish to do so should have the opportunity—they do not have to do it—to enter into an NDA with HS2 Ltd. In this sense, people who are affected by the scheme should be allowed to protect themselves and their private conversations with HS2 without concerns that their data will be shared with a third party. Just because these private agreements are just that, private, does not make them invalid or an illegitimate form of protection for the parties—it does not make them shady, as has been the impression I have been given by the speeches of some noble Lords. They are voluntary agreements that can be entered into for various reasons.

If an independent assessor were appointed to scrutinise such agreements, they would be breaching the privacy of those agreements. The appointment of an assessor would effectively prevent the sharing of information on a confidential basis. This would cause delay, which noble Lords tend not to like. It would increase uncertainty —again, a bad thing—and costs for those affected by the project and the cost of the project itself, which is ultimately paid for by the taxpayer.

I want briefly to mention that there are established complaints procedures for members of the public who wish to have their concerns considered through independent scrutiny. As noble Lords are aware from day 1 of Committee, there is Sir Mark Worthington, the independent construction complaints commissioner. There is also the residents’ commissioner, Deborah Fazan, who is in place to hold HS2 to account for the commitments in the residents’ charter. She produces periodic reports on HS2 performance against those commitments. Within HS2, there is an established whistleblowing hotline, called Speak Out. Speak Out provides a route for staff, contractors and members of the public to raise concerns about any potential misuse of taxpayers’ funds.

The noble Baroness, Lady Kramer, mentioned that she would like a meeting. I would very much appreciate a meeting with her, although I might perhaps offer my colleague, Minister Stephenson, as the HS2 Minister. He would be better able to hear her concerns, because we need to get below the whole “Ooh, it’s a bit shady; 342—isn’t that too many?” I do not know: is it too many or is it too few? The whole point is: are the non-disclosure agreements the right ones, and are they reached voluntarily and for the right reasons?

I would like the noble Baroness, Lady Kramer, perhaps to have a meeting with my colleague, the HS2 Minister, to talk through some of the evidence and some of the things that may have happened in the past, which we have been able to remove, because of the steps that have been taken, and to discuss any ideas that she has for steps that we can take in future to ensure the requisite level of transparency—but also to protect the taxpayer and ensure that confidential conversations can take place when appropriate.

On the basis of my intervention, I hope that the noble Lord feels able to withdraw his amendment.

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

I have received requests to speak after the Minister from the noble Lord, Lord Adonis, and the noble Baroness, Lady Kramer.

[Lord Adonis (Lab)]

The Minister’s response has been compelling. She is right to point up the importance of HS2 Ltd being able to discuss with local authorities confidentially different route options, treatment of works, and so on. That is completely correct. Of course, if that was not possible, HS2 probably would not be able to have some of those conversations, because the issues raised would be too sensitive. Therefore, I do not think that the case for this amendment has been made even in principle.

I note that the noble Baroness, Lady Kramer, is going to come in after me. If she is going to try to persuade the Committee that there should be some more different and onerous process for HS2 Ltd in respect of non-disclosure agreements, she will have to be franker with the Committee about that. I do not think that we should have general statements made that would lead to substantive changes in a non-disclosure agreement that could impede the work of HS2 Ltd, unless we are given instances that we find compelling to justify that.

[Baroness Vere of Norbiton (Con)]

I do not think I have anything further to say to the noble Lord, Lord Adonis. I too would very much appreciate hearing from the noble Baroness, Lady Kramer.

[Baroness Kramer (LD) [V]]

Thank you. I would very much like to take up the Minister’s offer of a meeting with the HS2 Minister, Mr Stephenson. That would be extremely helpful. I hope she might have the opportunity to spend a little bit of time looking at some of the cases. I want to challenge the myth that signing a non-disclosure agreement is essentially voluntary. I think that she will find that it is just standard practice, or a meeting is not offered.

The Minister will also recognise that the non-disclosure agreement then covers everything contained within the meeting. As I say, there may be nuggets that genuinely should remain confidential, but there is a great deal of information that should be out in the public arena. It is a mindset, in a sense, for how organisations conduct themselves—whether it is transparency around information not disclosed on an exceptional basis, when there has been careful thought about whether or not that information should be disclosed, or whether the presumption is that everything will be kept behind the closed kimono and information will made available only on an absolutely must or need-to basis. We need some rethinking on this, because that has not served us well.

The Minister will know from her own experience of looking at infrastructure projects that they come up with shocks. We are probably both very aware of Crossrail, which appeared to be completely on track almost until the very final moments, when we were all expecting the announcement of its opening, when we discovered that it was several years behind.

This issue has to be tackled. The issue of individual whistleblowers is one that I would very much like to take up with Ministers, because a salutary conversation between Ministers and senior management at HS2 could make very significant improvements in that arena.

[Baroness Vere of Norbiton (Con)]

Well, okay, I thank the noble Baroness for her further intervention. I am not wholly the wiser as to what she is trying to do here. She has mentioned the shock of Crossrail. I was not aware that that was anything to do with NDAs. But she was a Transport Minister, so she knows how projects work, and I was actually discussing Crossrail earlier today and asked exactly the same question about how on earth that happened. It is the case that sometimes, for whatever reason, costs increase, but I was not aware that with Crossrail there was an issue with NDAs. If she has information in that regard, I would be happy to receive it, because it would be news to me.

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[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

I call the noble Lord, Lord Bradshaw. Lord Bradshaw, I think you are muted. You have to unmute yourself with the new system. Lord Bradshaw, I am sorry, but as we cannot connect with you, we will move to the Minister.

[Baroness Vere of Norbiton (Con)]

My Lords, connectivity between HS2 and the wider network and the impacts of HS2 on that network are critical concerns. The central aim of HS2 is to improve connectivity along its length and to ensure that it integrates with all modes of transport, including local rail and bus networks.

On rail specifically, noble Lords will be aware that Crewe, at the northern end of phase 2a, has a long history as an important hub on the railway network. Construction of phase 2a will allow passengers who connect through Crewe currently also to connect to HS2 services. This will significantly improve rail connectivity, and we expect regeneration benefits at the station and in the surrounding areas. The details of those services cannot be defined now but will be worked out in due course through existing rail operations processes.

The time to assess the connectivity benefits of phase 2a, whether by rail or indeed any other mode, will be when the railway has been built and the services have been planned such that other services can be connected to them. In the meantime, the Government continue to invest in local and longer range transport infrastructure in the UK to improve connectivity and capacity, and we continue to identify and assess problems and possible solutions.

We continue to talk to local communities and railway operators and to invest in infrastructure and services that level up opportunities for everyone across the country. For example, the Restoring Your Railway programme includes an ideas fund that provides development funding for early stage ideas to explore options to restore lost rail connections. Ten proposals are already being funded at the development stage so that they can move from the first round of the ideas fund to the subsequent stages.

The noble Lord, Lord Snape, asked about the role of the ORR, and I shall be honest with him that I will have to write, but I will happily do so.

Many noble Lords have tried to lure me into a discussion of connectivity and services beyond phase 2a, but I fear that I would only repeat myself and I cannot countenance repetition, so I will not be lured at this point. We are talking about phase 2a, and I believe that there are huge opportunities for its connectivity, many of which were mentioned by the noble Lord, Lord Rosser, and of course the Government take into account those sorts of opportunities whether or not one is building HS2 in the area because local connectivity is always important.

Turning to the amendment of the noble Lord, Lord Rosser, the question of the impact of construction on the transport networks in Shropshire and Staffordshire has been considered quite extensively in the environmental statement. The majority of the phase 2a route passes through rural Staffordshire. As I can confirm from my own visit to the route, some of the sites are accessible only by very minor roads. The environmental statement that accompanies the Bill therefore gives significant consideration to the issue of getting workers to and from the worksites in the most efficient and least disruptive manner.

The draft code of construction practice sets out that workforce travel plans will be developed with the relevant highway authority and these will take into account public transport and cycling and walking routes. It is our expectation that the existing railway network will not be used much on a daily basis by workers on HS2 phase 2a. The environmental statement, taking a reasonable worst-case approach, assumes that all workers will commute either in a car or in a van, with some element of ride-sharing. Worker accommodation will be provided at some locations, and this will reduce the volume of journeys. We also expect many of the workers to travel outside peak hours.

I therefore do not see the merit of requiring an annual review of rail connectivity, as suggested in the amendment of the noble Baroness, Lady Randerson. There will be ongoing discussions about connectivity that will develop over time. The provision of transport in Staffordshire and Shropshire has already been looked at, but, of course, we will continue to be open to opportunities for further improvements. I hope that on this basis, the noble Baroness feels able to withdraw her amendment.

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

I have received a request to speak after the Minister from the noble Baroness, Lady Gardner of Parkes.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, my comments are about connectivity and probably relate more to Amendment 11 than to Amendment 14. The Minister has just spoken about connectivity, so it seems to be an appropriate moment to follow that point. I declare an interest in that I have close family living near the place where the trains will pass.

HS2 is a hugely expensive and long, drawn-out process; it should be viewed in that context. I am a supporter of high-speed rail, with the qualification that it is not satisfactory that direct travel between London and the north will still not be possible. Instead, travellers and their baggage will need to leave the station in Birmingham that they arrived at and swap to the new terminus, which, I understand, is to be called Birmingham Curzon Street, and is some distance away. This is not good enough for the 21st century; people are used to travelling with less disturbance and more convenience than that. This is an opportunity not to be missed to make a better connection.

I also concur with noble colleagues who have commented on trains, speeds, tracks and their suitability. There really is not much more that I need to say, because so much has been said, and I have been very impressed and interested, but I am a supporter. I hope that in the end this line will provide excellent connections and direct travel from London to the north. I wish it well.

[Baroness Vere of Norbiton (Con)]

I thank my noble friend Lady Gardner for joining the Committee and sharing her thoughts with us. I am pleased that she supports HS2. She raised some issues about Birmingham, and I do not have the information to hand. I will write to her with further information about connectivity and the issues she raised about access to Birmingham Curzon Street.

[Baroness Randerson (LD) [V]]

My Lords, I thank all noble Lords who participated in this short debate, particularly the noble Lord, Lord Adonis, for the impetus he has provided to us all with his points about the eastern leg and the whole issue of connectivity. As the noble Lord, Lord Berkeley, pointed out, the importance of getting across the Pennines is one of the main points here. He also emphasised the demand for shorter-distance travel, which, of course, is what is freed up on existing lines by the building of HS2.

The amendment of the noble Lord, Lord Rosser, deals specifically with issues in Shropshire and Staffordshire, and we might return to that later in the debate on road transport. There is clearly a very important need to improve transport links there. I say to the Minister, who said she wanted to stick to phase 2a: some of the examples I gave her from the Midlands Engine deal specifically with phase 1 and phase 2a and initiatives that flow from the existence of phase 2a. I am disappointed that she has failed to address in detail the point of my amendment, which is to force continued planning on HS2 as we move forward, and to integrate HS2 with other infrastructure developments in the areas through which it passes.

The rail industry is crying out for a smooth flow of future planning. It does not prosper from the stop-start approach, and there is a need for a smooth process in order to maintain skills and capacity within the industry generally. Having said that, I am happy to withdraw my amendment.

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[Lord Rosser (Lab) [V]]

I will be brief. As the noble Earl, Lord Lytton, said, this amendment is about the attitude and approach of HS2. I tried to make a note of some of the things that he referred to. I think he referred to a highly impersonal manner and to the level of control to ensure uniformity of approach when not all cases are similar. I think he referred to the shifting of the burden of proof, to the delaying of payments and to the challenging of decisions line by line. I think he also referred to how it seemed that the Treasury put pressure on the DfT, which put pressure on HS2 regarding finances, and to how eventually all that financial pressure being applied was reflected down the line in the approach to claimants.

I will listen with interest to what the Minister says in reply and, in particular, to whether she accepts that there is validity in what is being said. The noble Earl clearly believes that there is, and I imagine that he is far from the only one who thinks that that is the approach of HS2. I know the Minister will take what has been said seriously. However, I hope very much that she will be able to offer some words that will at least indicate that she will look at the issue and seek to address the concerns raised.

[Baroness Vere of Norbiton (Con)]

My Lords, before I turn to this amendment I need to apologise. There was an error in my speaking note on Monday which I need to rectify. The error was in the statement that I made in relation to Amendment 13, dealing with advance payments of compensation for temporary possession of land. I stated that the Neighbourhood Planning Act 2017 provides for advance payment of compensation in relation to the temporary possession of land and that the amendment was therefore redundant. While it is correct that Section 24 of the Neighbourhood Planning Act 2017 will provide for advance payment of compensation in relation to temporary possession, these provisions will not apply to temporary possession of land under the powers of this Bill. This Bill, like previous hybrid Bills and previous orders under the Transport and Works Act 1992, has a bespoke regime for temporary possession of land which does not provide for advance payments. In my detailed response to the noble Earl, which I have already promised to provide, I will give further details as to the practice of HS2 in respect of the timing of payments of compensation for the temporary possession of land. I will circulate this to all noble Lords who spoke in Committee and place a copy in the Library of the House. I reiterate my sincere apologies that that happened. It will not happen again.

I turn to the amendment. We have heard the underlying concerns which may have led to this amendment and I will set out what the Government are doing about them. Land is needed for the HS2 scheme to build the railway. Some of this land is purchased by agreement but most of the land is acquired through compulsory purchase. This is an unavoidable fact of building most new transport infrastructure and I recognise that, to those affected, it can be devastating. Most individuals affected will accept what the coming of this scheme means for them, come to terms with it and find a way to come to an agreement with HS2 as to when their land will be acquired and what compensation they will receive under the compensation code. For some, they will be happy with the arrangements and agree that their treatment by HS2 has been fair and proper.

However, a few landowners will feel that they have been unfairly treated. They may feel that there is inadequate compensation or that HS2 has not taken due note of their specific individual circumstances. The Government have taken note of those individuals and have been reviewing how they can improve the way in which the project is delivered for all those affected. The noble Baroness, Lady Randerson, asked if we would have a good look at the business practices in this area, and we have already committed to do so.

My colleague Andrew Stephenson has instigated a rigorous land and property review to assess the wider concerns that the amendment seeks to ameliorate. The letter provided by the noble Earl, Lord Lytton, will form part of the evidence for that review, and I am pleased to be able to say that this review will be published very shortly. Of course, Sir Mark Worthington OBE, the Independent Construction Commissioner, deals directly with the complains of individuals affected by the project.

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[Baroness Randerson (LD) [V]]

My Lords, the road traffic issue is one of the thorniest problems associated with this project. When you look at many of the objections or petitions to the Committee, they are actually objections to the building process. That is not surprising: people do not want heavy traffic going past their door when they are not used to it. On the one hand, of course, residents and environmental groups have pressed for more tunnels. There are expensive lengths of tunnels planned. However, with more tunnels and long tunnels, every mile of tunnel adds greatly to the amount of site traffic, with lorries having to remove soil as well, of course, as lorries carrying heavy equipment to the site.

A series of initiatives and techniques is proposed by HS2 to mitigate the impact of the traffic. However, I fear that the use of local roads—and the M6, for example —is bound to impact on travel times and convenience for people way beyond the area close to the line of the project. Schedule 17 ensures that construction routes are submitted to local planning authorities for approval, so I have some questions for the Minister. First, the Committee’s report says in paragraph 69:

“Construction routes used by large goods vehicles over 7.5 tonnes would require the approval of the local highway authority, except where they were using motorways or trunk roads and access to compounds with less than 24 two-way trips per day”.


That is 48 HGVs rolling past your window on a daily basis, which may not make much difference if you are on a major A road but would make a huge difference if you were on a quiet back road. Is this exception in relation to compounds, of the 24 two-way trips a day, a standard provision in construction contracts of this sort?

Secondly, given that it is the local planning authority that will make the decision on routes like this, what happens if the local planning authority withholds approval and cannot reach agreement with HS2 on a reasonable alternative route? Who then decides and where does the decision go? I hope that the Minister can provide us with some answers on that.

[Baroness Vere of Norbiton (Con)]

My Lords, the impact of the works on local communities is of critical importance to the Government, and I thank the noble Lord, Lord Rosser, for tabling his amendment to allow us to have this discussion.

The environmental statement for phase 2a runs to some 17,000 pages and, within it, there is set out in great detail the impact of the proposed scheme on local traffic levels. To manage traffic flow, the phase 2a Bill includes powers for the control of construction traffic, requiring qualifying authorities to approve the local roads to be used by large goods vehicles—and this was noted by the noble Baroness, Lady Randerson—where the number of large goods vehicles exceeds 24 trips per day, to or from a site. That is in total, yes, 48 trips, which over a 12-hour period is one every 15 minutes. The noble Baroness asked whether that was a standard provision in contracts. I shall have to write to her on that matter.

In addition, in the Bill there is a statutory duty on the nominated undertaker to have regard to the potential traffic disruption that may be caused and seek to minimise such disruption so far as reasonably practicable. I suspect that local communities will use that to make sure that action is taken, if there are measures that could be taken but which have not been taken.

As the project progresses and construction plans are finalised—and at the moment we should remember that this railway is not being built; there is no construction at all, so plans are still in development—local traffic management plans will be developed alongside these plans with local authorities, agreeing approaches to highways and public rights of way so that the impact on local communities is minimised.

Members of the public were able to petition the Bill Select Committees of both Houses. Further local mitigation measures have been introduced to the scheme to remove or reduce traffic and transport impacts on the basis of recommendations made by those Select Committees. In some cases, that included restricting and reducing construction traffic, maximising the use of rail and haul roads, and undertaking further traffic surveys.

The noble Lord, Lord Rosser, raised the village of Woore. I took some time to look at my phone and see on Google Maps where Woore is, and it is at the junction of the A51 and the A525. While I have every sympathy for those who will be impacted, because there will be an increase in traffic and construction traffic, it is not the case that at the moment they do not have any traffic going through their village, which is at the confluence of two A roads. We need to make sure that they get the sort of measures that they are expecting. My understanding is that there has been no failure of engagement with Woore and that traffic-calming measures have been offered. Perhaps there has been a mismanagement of expectation here. As construction plans are developed, traffic management plans can be developed; without them, we can have all the engagement in the world, but that will not actually achieve anything until there are construction plans to put into play.

I am sure that Minister Stephenson, when we meet him next week, will have something to say about his ongoing commitment to community engagement and how he intends to be involved with it, since it is a very important part of his work. In the meantime, I hope that the noble Lord feels able to withdraw his amendment.

[The Deputy Chairman of Committees (Baroness Henig) (Lab)]

There are no questions to the Minister, so I call the noble Lord, Lord Rosser.

[Lord Rosser (Lab) [V]]

I first thank the Minister for her reply and all noble Lords who participated in the debate. I just comment that I made it clear when I made my contribution that it was at the junction of the A51 and the A525 in the centre of the village. I also said that what would be entailed was widening of those roads and other works at certain points and that that junction was right at the centre of the village.

I have perhaps made some progress. It was after all the Select Committee that said that there needed to be further discussion as soon as possible—because safety issues were involved—between HS2, Shropshire Council and the parish council. I was not asking the Minister—nor do I think she took it this way—to immediately intervene. I asked that, now we have a dedicated Minister for HS2 and a cross-government ministerial group, what would be their involvement in ensuring that HS2 engages properly.

This is not the first occasion that we have had local communities saying to us that in their view—rightly or wrongly—they do not feel that HS2 engages as well as it should. I also asked whether, if the discussion with the parish council was either delayed or not being entered into in the spirit and intent that the Select Committee envisaged, it could take its concern to the direct dedicated Minister for HS2. I think that, in her closing comments, the Minister referred to the role of the Minister for HS2 in making sure that there was community engagement. I appreciate that that was on a general basis—she was not talking specifically about this case—but I hope that this is one where, if the parish council still believes that the discussion is not being entered into with the right spirit and with the necessary intent, it would not be dismissed by the dedicated Minister for HS2 if it made an approach to him with its concerns. It is then obviously up to the Minister what he would or would not do in the light of that approach.

Having made those comments, I again thank the Minister for her reply and beg leave to withdraw my amendment.

[Baroness Vere of Norbiton (Con)]

I just want to apologise to the noble Lord, Lord Rosser, because I did not hear him mention the road names and now I feel very silly that I did not. I also want to say that in my role as Roads Minister, for example, if a local community feels that Highways England is not engaging with them, they bang on the door of their local MP, the local MP comes to see me immediately and tells me off, I go to tell off Highways England and something gets done. The HS2 Minister will play precisely the same role that I play in making sure that local communities are dealt with properly by whichever delivery body is working with them. We can obviously discuss this with Minister Stephenson shortly, but if I did not explain that particularly well, that is exactly the role I expect him to play.

Amendment 15 withdrawn.

--- Later in debate ---

It seems to me, by just a cursory examination of the Explanatory Notes, that we almost have a cultural issue here. Paragraph after paragraph of this schedule removes various requirements; it takes out ensuring that the landowner does not acquire any rights over phase 2a works under the 1996 Act, et cetera. It is almost a bludgeoning approach to the particular problems of the railway. That goes back to many of the comments made in the debates on this Bill and the almost cultural idea that HS2 seems to need powers that are bullying in nature and very one-sided. I will be interested to hear what the Minister says in response, but I would have thought that this really needs some modification, because it is, in its present form, going to end up involved in massive litigation. That would be bad news for the project, and almost certainly bad news for the private citizens involved. In my business experience, my number one objective has been to try never to go to litigation and to solve problems by agreement. The mechanisms in the 1996 Act that worked towards seeking agreement are removed by this schedule, and I cannot believe that is a good way of going forward. It could well cause delays, expense and unhappiness. I hope that the Government will look at it again.

[Baroness Vere of Norbiton (Con)]

My Lords, I knew there was a reason why I was looking forward to this one. I would be very grateful if the noble Earl, Lord Lytton, could send me the article about party walls; I am sure that all noble Lords would very much appreciate reading it.

On the Motion to remove Schedule 23, rather than address each of the noble Earl’s points in detail, as I do not feel properly qualified to do that, I shall put forward the Government’s reasons why the schedule should stand part of the Bill. We agree with him that the Party Wall etc. Act 1996 works in most circumstances. However, for major railway projects authorised by Parliament, it is appropriate to modify its provisions to streamline its processes, but also retain its protections for neighbouring owners. This was the approach taken by Parliament for the phase 1 Act and the Crossrail Act 2008, and it is the approach being taken here.

The modifications to the party walls Act in Schedule 23 have developed from those included in the Crossrail Act. The experience from the construction of Crossrail was that compliance with the party walls Act process, even as modified, raised risks to the project programme. It is therefore appropriate to alter the process for the HS2 project, as agreed to for phase 1, to avoid construction delays and associated cost implications.

The provisions in Schedule 23 are identical to those already agreed in the phase 1 Act, so this Bill ensures consistency across the HS2 project. Before I outline the proposed modifications in Schedule 23, I wish to make something clear. The regime I will outline does not apply where the underpinning works to adjoining buildings are due to HS2 excavations. Given the more intrusive nature of such works, a different regime is required. This regime is set out in Schedule 2 to the Bill and provides for the giving of notice; the right for adjoining owners to serve counter notices; for disputes to be referred to arbitration; and for payment of compensation. Similar provisions as regards the underpinning of buildings were made in the phase 1 and Crossrail Acts. I hope that goes some way to reassuring noble Lords that the protections for adjoining owners, where major excavation works are needed, are comprehensive.

I shall now continue briefly to summarise the effect of the proposed modifications in Schedule 23, and their purposes. First, the nominated undertaker, HS2 Ltd, would not have to serve notices under the party walls Act to carry out works to which the Act relates. Therefore, the adjoining owner does not have the opportunity to serve a counter notice. This simplifies the process and time taken for agreeing the works. However, the works would still have to be carried out in accordance with the plans and sections agreed with the adjoining owner, as is the process under the current party walls Act. If they are not agreed, the matter would be referred to a single arbitrator for determination, which I will refer to later.

Secondly, a neighbouring owner carrying out works under the party walls Act would not have an automatic right to place footings or foundations on HS2 land or to carry out works required to safeguard HS2 buildings and structures. The nominated undertaker could elect to carry out any such agreed safeguarding works instead of the neighbouring owner at the neighbouring owner’s expense. These modifications are necessary to protect the railway.

Thirdly, any disputes would be determined by a single arbitrator appointed in default of agreement by the president, at the time, of the Institution of Civil Engineers. This would replace the more cumbersome disputes determination process provided by the party walls Act. The purpose of this modification is to provide a speedier and simpler process for dispute resolution. It would ensure that, in a case involving complex railway works, the dispute was determined by a civil engineer with relevant skills, while leaving flexibility for a surveyor to be appointed where that was appropriate. In other respects, the provisions relating to the dispute process, including costs and appeals to the county court, would be the same as under the party walls Act.

The modifications would still provide safeguards for the adjoining owner including the right to compensation and for expenses to be paid in accordance with the party walls Act; the requirement to be given at least 14 days’ notice of the nominated undertaker’s entry on to land to carry out works, except in the case of emergency; that works are to be executed in accordance with such plans, sections and particulars as may be agreed between the nominated undertaker and the neighbouring owner or, in the event of a dispute, are settled by arbitration; and for disputes to be determined by a single arbitrator under the dispute resolution provided by Schedule 23.

These safeguards protect adjoining owners appropriately. To be clear, under the provisions of the Party Wall etc. Act 1996, which still apply, any works required to a party wall would be undertaken at the project’s expense, and compensation would be payable for any damage to the adjoining owner’s property caused by the works to the wall. These safeguards also go alongside the other protections for adjoining owners inside and outside of the Bill. The environmental minimum requirements, through the code of construction practice, provide for the necessary protections to manage and control any potential impacts on people, businesses and the natural and historic environment that may arise from the construction of the works authorised by the Bill.

Finally, we come to the point raised with great insight by the noble Lord, Lord Snape. Are there any party walls on the phase 2a route? The route is rural in nature. It is therefore not expected that many, if any, disputes requiring arbitration under the modified procedure will occur due to the works authorised by this Bill. Where necessary, the modified process would provide a safe and speedy resolution for both the project and the adjoining owner, if indeed there are any party walls on the route.

I shall write in response to the issues raised by the noble Earl, Lord Lytton. I would be grateful if the noble Earl could give some consideration to, and perhaps clarify, exactly what he would wish to change and why. It is very difficult to deal with a long list of, “I don’t like this, I don’t like that”, rather than understanding, given where we are in the process, what would make the difference to this Bill if it were to be changed.

Following all that, I hope that the noble Earl will feel able to withdraw his objection to the schedule being agreed.

[The Deputy Chairman of Committees (Baroness Henig) (Lab)]

There are no questions to the Minister, so perhaps the noble Earl, Lord Lytton, might want to comment briefly on what has been said.

Rural Bus Services

Baroness Vere of Norbiton Excerpts

Wednesday 11th November 2020 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government what steps they plan to take to improve rural bus services.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, the Government are developing a national bus strategy to set out how national and local government and the private sector will come together to meet the needs of local communities, including those in rural areas. The Government have established a £20 million rural mobility fund to support demand-responsive services.

[Baroness Randerson (LD) [V]]

My Lords, over the last 10 years, around half of council-supported bus services have been lost. This has hit rural areas particularly badly. I am glad to hear from the Minister that the Government are taking some action on this, but do they accept that it is time to ensure that rural bus services do not disappear altogether and to look again at the deregulation arrangements introduced in 1986?

--- Later in debate ---

[Baroness Vere of Norbiton (Con)]

My Lords, we believe that local authorities have a significant role to play in ensuring that we protect rural bus services. To that extent, local authorities receive £43 million from BSOG, and in September 2019 we announced a further £30 million of local authority funding. Now we need to ensure that local authorities step up and support the more vulnerable services.

[Baroness Mallalieu (Lab) [V]]

My Lords, in April last year the Lords Select Committee on the Rural Economy was told about the spiral of decline in both the funding and provision of rural public transport. It recommended that the Government should review the different funding schemes, aiming to put them together in a single investment pot in each area, and then let local people develop integrated, demand-led, case-based systems. Has anything been done?

[Baroness Vere of Norbiton (Con)]

As I mentioned, the Government are working extremely hard on the national bus strategy. The sort of proposals that the noble Baroness outlined are the sort of things that we are looking at. It is very much time for local accountability for local bus services, taking into account the needs of the local community.

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, it is good to hear that the Government are doing some planning on the issue of rural bus services, but it is not enough to keep pushing responsibility back to local councils when they simply do not have enough money to take forward anything like the amount of services necessary. In view of the fact that we need a national strategy to reduce all our carbon emissions, encourage people out of their cars and generally become better functioning members globally on the issue of climate change, surely the Government can see that funding councils so that they can do their job properly is the right way forward.

[Baroness Vere of Norbiton (Con)]

It was a little hard to hear the noble Baroness’s question but I believe it was about funding local councils. These considerations are of course being had as we think about the national bus strategy. However, I say to the noble Baroness that it is not just about money; it is also about skills and capacity. We need local authorities to boost their local transport teams so that they have the skills and capacity to plan the sort of improvements that we need in bus services.

[The Earl of Shrewsbury (Con)]

My Lords, I declare my interest as a member of the NFU. Does the Minister agree that rural bus services play a vital role in the well-being of communities, especially in less favoured areas such as the Staffordshire moorlands and the Peak District? Does she further agree that these services must be encouraged, assisted, promoted and funded in all such areas in every way possible?

[Baroness Vere of Norbiton (Con)]

My noble friend is quite right. I assure him that the national bus strategy will include measures suitable for all parts of the country, whether dense urban settings, market towns, sprawling suburbs or the most rural areas. We will need to work with local authorities; this is not something that can be dictated by national government. We will work with local authorities, particularly those in rural places, to ensure that they have appropriate plans in place.

[Lord Bradshaw (LD) [V]]

My Lords, the most successful rural bus operations are those direct, regular inter-urban services that form a network over much of the country. If the Government intend the national bus strategy to be interested in developing truly rural services, are not further improvements to the existing network that I have described more likely to create a framework that could be built on by local authorities in developing their own truly rural services?

[Baroness Vere of Norbiton (Con)]

I partially agree with the noble Lord in that it is key for all local services, wherever they are, to be integrated with other modes, be they long-distance coach-type journeys or rail services provided between cities or over shorter distances. Integration is important, so to a certain extent it needs a guiding mind. We will be looking to local authorities to pick up the pen on that and take it forward.

[Lord Young of Cookham (Con)]

My Lords, we all agree that public transport is essential for those who live in rural areas and do not have access to a car. However, does it all have to be provided by buses, which often do not run at the times when people want them, do not go from home to destination and back, and frequently lead to narrow country lanes being blocked by large vehicles? Can the Minister do more to promote demand-responsive, community-based services to complement those provided by the bus?

[Baroness Vere of Norbiton (Con)]

My noble friend is right: an empty double-decker bus careening through narrow country lanes simply will not do. One of the solutions that may be appropriate for rural areas is demand-responsive transport. That is why in September 2019 we launched the £20 million Rural Mobility Fund. We asked for expressions of interest and have had 53. I take great heart from that and at the moment we are reviewing those. We probably do not want to launch them now, in the middle of the pandemic, but we hope that will go on to prove what kind of demand-responsive transport works and what does not, and then we will be able to roll it out more broadly.

[Lord Rosser (Lab) [V]]

Half of households on low incomes and two-thirds of jobseekers do not have access to a car. Bus services are also crucial to rural economies and small local businesses. However, a study by Warwick University in 2019 found that over a decade the price of travelling by bus has risen by 39%, way above the level of inflation. Does the Minister accept that this has contributed to the decline in bus passengers and that it has been and is damaging, both socially and economically?

[Baroness Vere of Norbiton (Con)]

What the Minister accepts is that we must always strive to improve our bus services. In February 2020 the Prime Minister talked about his view for the bus network, with more high-frequency services and better bus prioritisation. With those two things, one automatically gets lower fares. If we can put all those services on cleaner, greener buses, that will be all to the good.

[Baroness Eaton (Con) [V]]

My Lords, an overreliance on short-term competition funding for the long-term task of transforming transport networks is inefficient and costly. What assessment has the Minister made of the Local Government Association’s call for capital expenditure to be funded through long-term secure grants to councils to plan a comprehensive pipeline of infrastructure and capacity improvements focused on the needs of local networks as a whole?

[Baroness Vere of Norbiton (Con)]

I have some sympathy with my noble friend in that longer-term funding can sometimes indeed be more efficient. However, it should be said that short-term funding and competitions for larger amounts of funding play an important role in how we fund transport infrastructure. In the case of bus infrastructure specifically, we will be looking to local authorities to plan bus priority measures and then we will outline how we can help and encourage them to put those in place.

[Lord Roberts of Llandudno (LD) [V]]

My Lords, what keeps many buses, especially on rural routes, going is elderly people’s travelcards. Often, if I am on a bus, I know that most of the people going to the remote villages are travelcard holders. It is better now that it has been extended in Wales to other age groups. So I ask that, in the coming demand on council budgets, we safeguard these travelcards because without them we will not have the passengers or the routes.

[Baroness Vere of Norbiton (Con)]

My Lords, the Government support local authority spending by around £1 billion a year so that older and disabled people can travel on buses; £877 million of that is on statutory schemes, while £230 million is used on discretionary schemes, whereby local authorities decide to extend the scheme to other people. We are well aware of the importance of these concessionary payments to the bus operators, such that they continue services, and we support them.

[The Senior Deputy Speaker (Lord McFall of Alcluith)]

My Lords, the time allowed for this Question has elapsed.

High Speed Rail (West Midlands-Crewe) Bill

Baroness Vere of Norbiton Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 9th November 2020 Grand Committee

[Lord Tunnicliffe (Lab) [V]]

My Lords, in general, we view the amendment favourably. It seems to have two points to it. The first is to try to secure some continuity, as spelled out by the noble Baroness, Lady Randerson. The concept of continuity in railway construction is a sound one. Unfortunately, it is a sound principle that we tend not to keep to. The key part of the amendment seems to be the question of whether Her Majesty’s Government will commit to building HS2 phase 2b to Leeds in full. For the avoidance of doubt, Labour’s answer is that we fully support the HS2 concept and the concept that phase 2b should be built to Leeds in full.

I think we already know what the Minister will say. Andrew Stephenson was asked this question in the other place on 22 October. He said that

“when the Prime Minister gave the go-ahead to HS2 in February this year, he said that we were committed to delivering phase 2b but how phase 2b was delivered would be subject to the integrated rail plan. We have been making significant progress with the integrated rail plan. Sir John Armitt and the National Infrastructure Commission have already published their interim report. We look forward to their further recommendations and to responding to them before Christmas.”—[Official Report, Commons, 22/10/20; col. 1213.]

That caused me to look up the interim report, since it seems central to how the question posed in the amendment will be answered. When I found it and skimmed through it, I came up with two questions. The first is very simple: when will the final report on this issue be published? The interim report promises that it will be published in November. It should be noted that Andrew Stephenson said that it would be published by Christmas. If it were published in November, it might be available before we get to Report, which would be extremely useful. When does the Minister expect the report to be published and when does she expect the Government’s response?

The other perhaps disturbing feature of the interim report is the commitment to a very different methodology from that used in the past. Essentially, what is said about a plan depends on the methodology and assumptions in the analysis that answers the question, to what extent and to what standard should the railway be built? Can the Minister assure the Committee that the methodology and assumptions will produce an answer no less favourable to the Leeds branch than those used in HS2? Put another way, if the criteria used in the original HS2 decision would say yes to Leeds but the new criteria say no, surely, this cannot be levelling up. I have seen precious few examples of levelling up, and a failure to build HS2 phase 2b to Leeds—indeed, a failure to build HS2 in full—surely is a statement that the commitment to levelling up is meaningless.

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, I thank the noble Lord, Lord Adonis, for tabling the amendment and all noble Lords who have taken part in this first debate in Committee on the HS2 phase 2a Bill. Before I go any further, on behalf of the Government, I extend my sincere thanks to the Select Committee. I am particularly grateful that its members agreed to undertake hearings for petitioners virtually. That was the first time this had been done and the noble and learned Lord, Lord Hope of Craighead, and the other committee members did an incredible job in the most challenging of circumstances. Where petitioners chose to appear in person, the committee undertook hearings in a hybrid fashion and handled all the different ways of working with ease. I therefore put on record my thanks, and those of the Secretary of State and the Government as a whole, for its work and ensuring that we maintained momentum on this incredibly important Bill.

Turning, then, to the debate on this first amendment, I note that many noble Lords know what I will say. I hope I will not disappoint and that I will get my words right. The noble Lord, Lord Adonis, is a great and very knowledgeable advocate for HS2 and I thank him for his continuing support for and dedication to getting the railway built, and for setting out so passionately his reasoning. Despite my appreciation for the noble Lord’s tenacity, I do not see that the amendment is needed. I also feel that potentially, it is very unhelpful.

There is simply no benefit or technical justification for making the progress of work on this section of railway—a very short one of just 36 miles, going from the West Midlands to Crewe, also known as phase 2a —contingent on the deposit of a Bill for the eastern leg of phase 2b. While the Bill is part of a much bigger project, as noted by the noble Lord, Lord Liddle, the amendment would delay works on phase 2a by a significant period, given the scale and complexity of hybrid Bills and the time needed for their preparation.

All being well, if we can get this Bill through your Lordships’ House, we expect work to commence in the early part of next year. It will not surprise noble Lords to hear that there is a window in the early part of next year in which the work needs to start; much of it is environmental work that is sometimes limited by the time of year in which it can take place. We do not want anything to delay the passage of the Bill and, therefore, the start of the works for phase 2a. Secondly, those works are intrinsically linked to work going on in phase 1. As the noble Baroness, Lady Randerson, noted, continuity is really important. The two works will eventually proceed alongside one another. Therefore, it would be better to get the Bill through.

We have come a long way in the last 12 months or so since Second Reading. We had the Oakervee review, in which Douglas Oakervee said that the whole of HS2 should go ahead, but that the Bills for phase 2b —there will be Bills, not a single Bill—should not be introduced to Parliament before the publication of the integrated rail plan, which, as noble Lords will have heard me say before, is due to be published by the end of the year. Delaying the beginning of works on phase 2a until an eastern leg Bill has been deposited in Parliament would serve only to delay the phase 2a works and the benefits of HS2 reaching the north and the Midlands.

--- Later in debate ---

[Lord Adonis (Lab)]

She can? Is it now the firm intention of the Government to split phase 2b and to have separate Bills for Crewe to Manchester, and then Birmingham to Leeds? The Government have made an extremely significant statement, if so.

[Baroness Vere of Norbiton (Con)]

The noble Lord, Lord Adonis, will know that because the hybrid Bills sometimes prove so challenging to get through, if they are too large, it was one of the recommendations of Oakervee to produce smaller Bills. It is, therefore, yes, one of the things that the Government are looking at.

[Lord Adonis (Lab)]

I was not aware that the Government had stated that it was now their policy. The Minister has said that it is a matter of government policy this afternoon and that there would definitely not be a single Bill, so is it now the Government’s policy to separate the two?

[Baroness Vere of Norbiton (Con)]

That is the case, yes.

[Lord Adonis (Lab)]

My Lords, I say to my colleagues and friends who lead local authorities and are MPs for constituencies in the east Midlands and Yorkshire that they should take careful note of that extremely significant statement, because what it means is—and just at that point, the Division Bell rings.

[Lord Adonis (Lab)]

Is it not? It is the Commons? It is so confusing. What that means is that the east Midlands—which has all the challenges of deprivation and economic growth referred to by the noble Lord, Lord Bradshaw, in his opening remarks—and Yorkshire will now definitely be downgraded relative to the north-west in the construction of HS2.

The important point about the separation of the hybrid Bills is that it will not just mean that the phasing is now separated, which risks the continuity referred to by the noble Baroness, Lady Randerson, and my noble friend Lord Tunnicliffe—he has huge experience of constructing railways, as a former managing director of London Underground, so he absolutely understands this point. If the Bills are to be handled and passed separately, it is also very likely that there will be a substantial period between what is now to become phase 2b and phase 2c—Birmingham to the east Midlands, Sheffield and Leeds—even if the Government proceed with phase 2c. The separation of the Bills makes it all the more likely that phase 2c will be delayed for a substantial period beyond phase 2b.

I am grateful to the Minister for replying to the debate but I am more concerned after her remarks than I was before, and I hope that local authority and political leaders in the east Midlands and Yorkshire will have taken very careful note of what the Government have said today—a categorical statement that they intend to downgrade and possibly deny entirely the benefits of HS2 to the east Midlands and Yorkshire.

As I said, there is a problem of language here. The Minister said it was the Government’s policy to provide the benefits of high-speed rail to the east Midlands and Yorkshire. There is no way you can provide the benefits of high-speed rail to the east Midlands and Yorkshire unless you provide high-speed rail to the east Midlands and Yorkshire. The Government are using weasel words such as “benefits of” without making the commitment which must flow from that if these words are to have real meaning—actually to build the high-speed line. The Minister is smiling at me but the one thing she will not do, and has not done today, is make a commitment actually to build this railway. I say to her, as I say to the local authority leaders and MPs in these regions, that they must not accept a shedload of waffle from the Government about benefits, reviews, staging or integrated plans if there is not a commitment actually to build the railway.

At the end of the day there will either be a railway or not be a railway and the whole tendency of government policy at the moment is not to build the railway from Birmingham to Leeds, and that will have a really devastating impact on the society and economies of the east Midlands, Yorkshire and the north-east if that is the case. I make no apology for raising this issue. I will return to it on Report. But at this stage—does the Minister wish to come back? I am very keen that she does.

[Baroness Vere of Norbiton (Con)]

She would like to very briefly come back. I will not take a shedload of waffle from the noble Lord, Lord Adonis, either. He has taken a simple statement—that a very large and complex Bill may be broken up into smaller Bills to make it more manageable—in a direction which certainly was not the intention of those words and I cannot believe he has been able to read that into them. Be that as it may, all I have done is confirm that one big Bill may be split into smaller Bills. That is it.

[Lord Adonis (Lab)]

Actually, the Minister has—

--- Later in debate ---

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

Minister? You are fine?

[Baroness Vere of Norbiton (Con)]

I am good.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

Just to clarify again: if the proposer of an amendment, in their winding-up remarks, raises a question for the Minister, the Minister may respond to it. We cannot have a further debate in Grand Committee under the current system.

--- Later in debate ---

[Lord Tunnicliffe (Lab) [V]]

My Lords, I generally support this amendment, which is really about tone.

The noble Baroness, Lady Jones, and my noble friend Lord Adonis have touched on the question of the treatment of any burial sites and monuments that we come across. I felt sure that there was something, somewhere that requires HS2 to show some respect in this regard. My research shows that an information paper on burial grounds was published on 15 February 2019 for the Bill before us. Paragraph 3.1 states:

“Any human remains affected by the Proposed Scheme will be treated with all due dignity, respect and care. Any impact caused by works to construct the Proposed Scheme on human remains and associated monuments is an emotive and complex matter and HS2 Ltd and the Promoter recognise their duty to address the concerns of individuals and communities.”


The essence of that assurance is that any remains should be treated with

“all due dignity, respect and care.”

Had that been carried into the Bill, perhaps through some wording in the Explanatory Notes, one would feel that this would be handled sensitively. During the works for the Jubilee Line extension we did end up building through burial sites, and we were sensitive to how that was managed. I think that we caused no offence as a result.

Unfortunately, no reference is made to “dignity, respect and care” in the rest of that document. Nowhere in Schedule 20 is there any sense of that, nor is it set out in the Explanatory Notes. I hope that the Minister will find some way of assuring the Committee that those key cultural attitudes to burial sites will be carried through in the execution of the project.

[Baroness Vere of Norbiton (Con)]

My Lords, I thank the noble Baroness, Lady Randerson, for tabling this important amendment. As she will be aware, I wrote to her on this matter at the end of last week and I have shared that letter with other noble Lords who have spoken in the debate. When I am not taking HS2 Bills through the Lords, I am the roads Minister and am well aware that one can make finds at any point in the construction process. Highways England has very good systems to deal with this, and I am very pleased to be able to tell noble Lords that HS2 does, too.

However, it is worth pointing out that no gravestones, monuments, burial grounds or human remains have so far been identified along the phase 2a route. The noble Lord, Lord Liddle, and the noble and learned Lord, Lord Hope, mentioned that they had not come across this issue in the Select Committee, and that is why we do not expect to make such finds. However, as noted by the noble Baroness, Lady Randerson, and the noble and learned Lord, Lord Hope, that does not mean that such artefacts will not be there. Human remains and monuments are often discovered during construction and if this happens, requirements are already in place for HS2. They are set out in great detail in the Heritage Memorandum, which is one of the Environmental Minimum Requirements. There is also the phase 2a burial grounds, human remains and monuments procedure. These documents ensure that the right approach is taken—one very much in line with that set out by the noble and learned Lord, Lord Hope.

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[Lord Tunnicliffe (Lab) [V]]

My Lords, I have to admit that I barely understand this debate. I did my best to research it and it seemed to be about giving the promoter considerable flexibility to exercise powers under the TWA procedure to create opportunities for activity on land that might be outside the Bill, as well as other rights to do things. I am sure the Minister, briefed by her excellent team, fully understands what this is all about and I will be very grateful if she explains it to me, ideally in words of one syllable.

[Baroness Vere of Norbiton (Con)]

My Lords, I thought that the noble Lords, Lord Adonis and Lord Liddle, did a very good job of making many of my points for me. Then, of course, the noble and learned Lord, Lord Hope, came in and did a proper job on the matter in hand. I will play this with a straight bat and read out what I have here, which I thought I understood when I read it through over the weekend. I hope this will be helpful to the noble Lord, Lord Tunnicliffe. It was certainly helpful to me. When I got to the end of it I thought, “Right, I get this,” so here we go.

It is normal practice on major infrastructure projects such as HS2 or Crossrail that, during construction, further planning consent needs to be sought for details of the scheme that were not anticipated when it passed through Parliament. One of the means for doing this in relation to railway works is an order made under the Transport and Works Act 1992, known as a Transport and Works Act order.

During its construction, Crossrail has had three such orders, addressing changes in station design at Whitechapel, stabling arrangements at Plumstead and connections between platforms at Paddington, all of which arose from continuing discussions on the design and operation of the railway after the Crossrail Bill was enacted. Phase 1 of HS2 has had one Transport and Works Act order so far, in that case for new sidings near Calvert Green for use by a waste-to-energy facility. This was to honour an assurance given to the operator of the facility during the passage of the phase 1 Bill. The facility could not be included in the scheme because of the time needed to develop the proposals, which would have unduly delayed progress. As we build phase 1, it may be found that there is a need for more orders.

I will mention briefly the process that such a Transport and Works Act order goes through. The application for the order is submitted to the relevant Secretary of State—in England that would be the Transport Secretary and in Wales it would be the Welsh Government. The applicant must then make the application public by publishing notices in local newspapers, by writing to people directly affected, by posting notices near the works and by notifying specified organisations. If the scheme is large, the applicant may be required to hold public information events. It is clear that such orders go through a large amount of consultation.

People who wish to object then have six weeks to notify the relevant decision-maker of their objections. If there are many objections or if there are statutory objectors—those who are considered directly affected because their land is being bought compulsorily, for example—there may be a public inquiry. A recommendation on the application for the order will then be made to the Secretary of State, who will ultimately make the decision as to whether it should be approved. There may also be a need for the applicant to apply separately for planning permission, but that is another process.

If an application for a Transport and Works Act order were to be made in relation to phase 2a of the railway, Clause 49 would allow such an order to adopt, as necessary, any provision of the Bill so that the works were constructed within the same legal and planning framework as the rest of the scheme. Further, Schedule 1 to the Bill allows any engineering work shown on the plans and sections that were submitted alongside the Bill to be substituted by a work not so shown. Any such work would still be bound by the environmental minimum requirements of the scheme. What this amendment seeks is already addressed in the Bill.

However, we know that the amendment is not entirely about that. I know that the hybrid Bill process in this House can be a little frustrating. As I said to the noble Lord when discussing his amendment with him last week and as I will repeat now, it is accepted practice on the basis of fairness that, as the second House to consider the Bill, it cannot make amendments that would extend the powers in it; for example, to acquire new rights over land to change the route. This practice was confirmed by the noble and learned Lord, Lord Hope, as chair of the Select Committee that considered this Bill and by the noble and learned Lord, Lord Walker, who chaired the Select Committee that considered the phase 1 Bill in 2016. The Select Committee chaired by the noble and learned Lord, Lord Hope, also considered the suggestion that instructing the promoter to make an amendment to the scheme through a Transport and Works Act order would provide a valid alternative to taking powers in the Bill. The committee did not take this view.

I agree that this is the right approach. Such a committee directing the outcome of an application for a Transport and Works Act order without the formal application being made and therefore without any such change going through the process I described would be unfair. It would take away the opportunity for those who wished to object to have their concerns heard.

I agree with the conclusions of both committee chairs. It is right that if a Transport and Works Act order was necessary, any such order should be entirely outside the scope of the Bill, but I would add that any such order, being associated with phase 2a of HS2, should attract the environmental protections that this scheme offers. The amendment would do nothing to change the ability of the nominated undertaker to use a Transport and Works Act order to amend the scheme; nor would its use in a future HS2 Bill allow the Select Committee in the second House to adopt a different approach. The Bill makes sure this is the case. I trust that this fully explains the stance that the Government take on this matter.

However, I am given to understand that the House authorities are considering a further consultation on the hybrid Bill process in the near future. If the noble Lord, Lord Berkeley, has an issue with that process, he may wish to participate in those discussions—I am sure that his input would be welcome. As such, I wonder whether he might withdraw his amendment.

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I have had no requests to speak after the Minister, so I call the noble Lord, Lord Berkeley.

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[The Deputy Chairman of Committees (Baroness Barker) (LD)]

No, Lord Framlingham, you will speak after the Minister, so you will be the next speaker after this one.

[Baroness Vere of Norbiton (Con)]

My Lords, I thank the noble Lords, Lord Berkeley and Lord Tunnicliffe, for their amendments in this group. They have been grouped together as they cover the very important areas of transparency and accountability. The Government agree that these areas are absolutely vital; we must ensure that the project is successful, and transparency and accountability will be at the heart of that. Like the noble Lord, Lord Adonis, I believe that HS2 must always strive to do better. That is good practice for all organisations.

That is why the Government have committed to providing an update to Parliament every six months on the progress of HS2. The first update was provided on 13 October, as has been noted, and that report covers data reported by HS2 Ltd to the end of August 2020. A copy of the report has been placed in the Libraries of both Houses. Furthermore, HS2 Ltd provides detailed annual reports to Parliament, as required by the DfT/HS2 Ltd framework document. Noble Lords will be aware that as principal accounting officer, the Permanent Secretary of the Department for Transport is accountable to Parliament for capital contributions and resources provided by HS2. The noble Lord, Lord Berkeley, referred to a recent letter from the Public Accounts Committee to the Permanent Secretary setting out a number of requests and observations, and this is a prime example of holding the Government and HS2 to account.

Specifically on environmental matters, if it is felt that a contractor is not meeting the requirements of the environmental minimum requirements, there is a three-step process that can be followed. In the first instance, the issue can be reported to the nominated undertaker, which in this case would be HS2. Secondly, if the issue is not resolved satisfactorily, it can be escalated and reported to my department, which can direct HS2 to implement corrective action. Finally, the issue can be reported to Parliament: to the Speaker in the House of Commons or to the Chairman of Committees in the House of Lords. Furthermore, individuals and bodies can raise issues with Sir Mark Worthington OBE, who is the independent construction commissioner for both phase 1 and phase 2a. This ensures access to clear, impartial advice and enables strong scrutiny of the project.

I turn to the issue of ancient woodlands. I understand and I commend the interest taken in our invaluable ancient woodlands and veteran trees. In the development of the project, every effort has been made to avoid or reduce the impact on ancient woodlands. For example, following extensive engagement with the Woodland Trust, we were able to offer a number of assurances in relation to ancient woodlands and veteran trees. Those include the retention of Noddy’s Oak near Stockwell Heath in Staffordshire, along with five other veteran trees.

I welcome the comments of the noble Lord, Lord Liddle, because we believe that we have a productive relationship with the Woodland Trust and we want very much for that relationship to continue. There are some places where we have not been able to protect a veteran tree or a piece of ancient woodland, and of course this is regrettable. However, HS2 is putting in place all possible mitigations to safeguard our environment as a whole. The environmental statements already report the likely significant effects of the phase 2a scheme on trees and woodland habitats, including veteran trees and ancient woodland. They also set out the proposed mitigations and compensations for the likely effects of the railway. HS2 has published an ancient woodland strategy for the scheme that sets out the expected loss of ancient woodland habitat and the range of compensation measures being proposed in response to those losses.

I know that there are concerns about how contractors can be held to account in undertaking works in or near ancient woodlands. As I have outlined previously, if it is felt that a contractor undertaking works authorised by the Bill is not meeting the environmental minimum requirements, there are steps that can be taken to ensure that there is an investigation. If any corrective action is needed, it is taken, and ultimately these steps can include a report to Parliament.

The Department for Transport and HS2 have done extensive work to assess, document and publicise the impact of the proposed scheme on the ecology of our beautiful urban and rural landscapes. A number of noble Lords have gone into detail about veteran trees and ancient woodlands, along with the broader environmental impacts of HS2. I will write to them in more detail on this because there is a fair amount to cover on the no net loss commitment of HS2, along with other things that can be done in order to achieve some net gain. I will also add some information on costs. Unfortunately, I do not fully recognise the costs that were put forward by my noble friend Lord Blencathra. I am not entirely sure where they came from, so I will set those out in more detail. I will also add some information about the nature and timing of the various reports. I realise that quite a number of reports have been produced and that it would be helpful for all noble Lords to understand where we are. There will certainly be more on the environmental matters when the Government’s response to the report of the Select Committee is published, which will happen shortly before Report. Also, in relation to this, I will arrange a meeting for noble Lords, probably with the Minister for HS2, so that we can go into these matters in more detail.

I believe that the current level of reporting across the project, which has only very recently been revised, is proportionate and sufficient. It comes alongside increased oversight of the project by not only my colleague Andrew Stephenson, the HS2 Minister, but the ministerial task force chaired by the Transport Secretary, which includes ministerial colleagues from across government. Both these measures are relatively new. They need time to bed in and for the impact to be felt. I therefore invite the noble Lord, Lord Berkeley, to withdraw his amendment.

[The Deputy Chairman of Committees (Baroness Barker) (LD)]

I have received requests to speak after the Minister from the noble Lord, Lord Framlingham, and the noble Baroness, Lady Young of Old Scone. I call the noble Lord to make a short contribution.

[Lord Framlingham (Con) [V]]

My Lords, I hope that your Lordships can now hear me. I speak in support of Amendments 4 and 9, proposed by the noble Lords, Lord Berkeley and Lord Tunnicliffe. I particularly thank the noble Lord, Lord Berkeley, for his tenacity and detailed, professional questioning of what I call a farcical project—HS2.

I am afraid I must remind the Committee that had my amendment to the HS2 Bill, which I proposed on 31 January 2017, been passed, HS2 would now be history. Unbelievable amounts of money would have been saved and much anguish and environmental damage would have been prevented. I had just 26 supporters on that day in your Lordships’ House, but two of them were uniquely placed to understand the project. The noble Lords, Lord Burns and Lord Macpherson, had been Permanent Secretaries to the Treasury; one under Gordon Brown and the other in the time of David Cameron and George Osborne. They were both so convinced that HS2 was a mistake that they voted to stop it, even at that stage.

It has often been said that HS2 is a vanity project, and that is true. It was conceived in what can be described only as a fit of misplaced enthusiasm, costed on the back of an envelope and somehow pushed through government, where, just like the emperor’s new clothes, no one seemed able or prepared to ask the most fundamental questions about its feasibility. From the beginning, Ministers have stubbornly refused to listen to any suggestions of shortcomings, whether about speed, capacity, environment, construction or cost. Money is no object. HS2’s chief executive Mark Thurston has said:

“I’m not worried about overspending”.


When asked on the radio what the Government were prepared to spend on it, the then Transport Minister, Chris Grayling, replied “Whatever it takes.” If it takes £100 billion, we could rebuild every hospital in the country for that kind of money. This ministerial refusal to listen is what is frustrating so many railway professionals and interested organisations. It is, quite frankly, ridiculous that Government Ministers are not treating with more respect the views of those eminently qualified to contribute to the issue.

When HS2 was first conceived, a large body of professional railway engineers wrote to the Minister offering to come and see him to share their concerns. He refused even to see them. The advice of people such as Michael Byng, a recognised expert in the field, is ignored and the Woodland Trust, the custodian of our ancient woodlands, finds it impossible to obtain the information it needs. I recently received a communication from an organisation that had given evidence to our House of Lords Select Committee. It said:

“Unfortunately, we do not consider that we have received a fair hearing and feel that the hybrid Bill process is not an appropriate method for making independent and valued engineering, environmental and economic judgments about something so important as the HS2 project. It is also deeply frustrating that HS2 Ltd’s case and the evidence of its witnesses, however technically weak, is automatically accepted as unchallengeable, as if it was the gospel.”


Even as we speak, I understand that HS2 is carrying out work at Euston station which may never be needed. It is a shambles. I am delighted to support the amendment of the noble Lord, Lord Berkeley, which would bring a degree of accountability and sanity to this chaotic project, but I will not hold my breath.

I am also very happy to support Amendment 9 in the name of the noble Lord, Lord Tunnicliffe. I am very grateful to the Woodland Trust for its very helpful briefing. It is quite intolerable that an organisation such as the Woodland Trust, custodian of our ancient woodlands, should find it so difficult to obtain information about what is happening to them. Our ancient woodlands are truly irreplaceable. Their soil structure, undisturbed for centuries, cannot possibly be recreated. The idea that they can be moved to other sites is laughable. No amount of tree planting can possibly compensate for the loss of our ancient trees. I have tabled Questions to try to discover the extent of the damage to date. I have been presented with the blandest Answers.

The amendment from the noble Lord, Lord Tunnicliffe, would ensure that HS2 has to account for the damage it does, with facts and figures, which at the moment are so hard to come by. When, in this environmentally sensitive world, it is doing so much harm to the countryside, the very least it should be expected to do is regularly report on its actions and their consequences.

[Baroness Vere of Norbiton (Con)]

I thank my noble friend for his comments. I believe I covered all the issues he raised in my earlier remarks. I have nothing further.

[Baroness Young of Old Scone (Lab) [V]]

My Lords, I will make two brief points. I really do object to the way the noble Lord, Lord Adonis, accuses everybody who raises legitimate objections to anything as being against the project being built. Nothing could be further from the truth. My comments in particular are about environmental performance, not the project as a whole. I have never commented on the validity of the project as a whole. I wish he would stop putting everybody into that box.

I was also rather distressed by my noble friend Lord Liddle’s shock at the tone in which several noble Lords made their remarks. We need to be alert to the fact that although the Woodland Trust and other wildlife and environmental organisations are working alongside HS2 Ltd because that is the only way forward—jaw-jaw is always better than war-war—there is considerable dissatisfaction about HS2’s environmental performance in phase 1. It failed to identify a whole range of ancient woodland sites until prodded. It chose, for some inexplicable reason, to introduce a whole load of non-native species in its planting arrangements. It has continued to have impacts on temporary sites that probably could have been avoided, as the Select Committee pointed out. It has been very close to the line, and may even have gone over it, on damaging sites before getting necessary licences for things such as disturbance or destruction of bat roosts. It is not an easy relationship, but everyone in the environment movement—I am sure they would not mind me speaking on their behalf—wants to work with developers. We want a recognition from the Minister that the Department for Transport needs to indicate higher expectations of HS2 than, “It’s only a few ancient woodlands, it doesn’t really matter,” which is what I got from the Minister’s comments so far.

The Minister talked about the variety of complaints channels people can take up. Complaints channels are a bit like shutting the stable door after the horse has gone. We need more encouragement of an atmosphere of continuous open learning, acceptance of the need for improvement and to move on from that learning to implement things differently in successive phases, successive quarters or however long the reporting period might be. It was incredibly distressing, in the gap between phase 1 and phase 2a planning, to discover that the entire teams we had been working with on phase 1 had not passed that learning on to the teams planning phase 2a. We have to find a way to make sure that the operational learning that comes out of doing the job on the ground does not disappear, gets picked up and results in improved environmental performance.

[Baroness Vere of Norbiton (Con)]

I think my comments still stand. What the noble Baroness has outlined highlights the importance of a constructive and productive relationship between all environmental NGOs, including the Woodland Trust, and HS2. Building large-scale transport infrastructure is never easy. It is always a very challenging time. People with different interests will want different things and compromises have to be reached. I hope that the noble Baroness will join me, Minister Stephenson and other noble Lords when we go into environmental matters in a bit more depth after Committee stage and before Report. Perhaps I will be able to reassure noble Lords that HS2 is learning lessons and will take them forward into phase 2a.

[Lord Berkeley (Lab)]

I am grateful for the opportunity to wind up the debate on these amendments. I thank all noble Lords who have spoken. The debate has ranged widely from those who, frankly, do not trust HS2 further than they can throw it and others who say that it is doing fine on reporting.

It is certainly true that the Government are trying to produce more reports, which many noble Lords think is a good start while others are less trusting—I suppose that in the end it comes back to trust. The environmental effect of a railway could be massively mitigated if the speeds of the trains were reduced so that it could go around ancient woodlands and avoid so many deep cuttings and embankments. That is something which the French learned 30 years ago, and I suspect that it is being learned for phase 2b—certainly for the east side, maybe the west side as well—but my noble friend Lord Adonis will then complain that the trains are not going fast enough. That can be debated.

Some regular reporting is needed to provide the transparency that many noble Lords believe is necessary, me included. It needs to cover each phase, as well as the whole thing, and must cover all the things which are in my amendment and probably a few others as well. Yes, there is an independent construction commissioner, but to some extent that is shutting the stable door after the horse has bolted, although the commissioner does a really good job.

If we were to sit around the table and the Minister was prepared to do it, I am sure that some amendment or addition to the existing reporting could be achieved. However, the real question is this: is there sufficient trust among noble Lords for it to be done without some independent scrutiny, which I shall discuss when we come to Amendment 6? That is something to reflect on and it all comes back to trust. We have had a really good debate on it. The Minister said that she would be happy to talk between now and Report and we should take her up on it. I am sure that we can reach some compromise on reporting not just what has happened but what will happen in the future, or what is planned to happen, and any issues that may come alongside it.

I again thank all noble Lords who have spoken. We have heard a wide variety of opinions, which is great. In the meantime, I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Tunnicliffe (Lab) [V]]

My Lords, this has been an interesting debate. My amendment was tabled to make sure that these important issues are fully debated. I have been rewarded, in the sense that we have had a debate to which people with a great deal of knowledge and experience have contributed.

When I headed up a large publicly owned enterprise, I faced the obligation of how you pay compensation. You are a guardian of the public purse, but nevertheless you want to be fair in an exemplary way, and that implies being on the generous end of the margins that the regulations and/or the law permit. Generally speaking we got that right, and generally speaking we were able to justify the generosity of some of our settlements by the fact that they went through smoothly with little litigation and no loss of public image.

What seems to be true here is the need for consideration of the whole framework. While the position with freeholders may be satisfactory, tenants in general in this area do not get a fair deal. I hope that the Minister will be willing to go beyond saying, “Well, this is what the regulations say,” to a recognition of the widespread feeling that, one way or another, tenants are particularly hurt by the present situation.

I have had a briefing from the National Farmers’ Union, which has already been repeated, and there seems to be a particular problem with agricultural tenancies. You can see the tremendous importance of security of tenure when it comes to farming. Indeed, as far as I can see from the briefings I have received, tenures were much more secure in the past but have become less so, and the compulsory purchase regulations do not in any way reflect the real impact that compulsory purchase can have on the ability of farmers to carry on trading and, if necessary, move farms in order to continue doing so. The whole value of the investment that they make in the land does not seem to be in any way represented in the compensation.

So I am very pleased for the support for my amendment. I agree in some ways with my noble friend Lord Adonis about the need to get this right. I hope the Minister will acknowledge that there is genuine concern in this area, promise to take this issue away and perhaps, once again, have some meetings before Report to see if we can have a meeting of minds.

[Baroness Vere of Norbiton (Con)]

My Lords, this has been a very good and occasionally somewhat detailed debate; I will certainly be doing a follow-up letter when we have finished.

I want to say at the outset that while I agree that HS2 must always strive to improve, I do not recognise the claims by the noble Earl, Lord Lytton, of coercion in dealing with members of the public. If someone has evidence of coercion then we would very much like to hear about it so that we can deal with it properly, but we cannot do anything with unsubstantiated accusations and anecdotes.

I turn first to compensation for tenants, a subject covered previously at Second Reading. As I said then, most types of tenants are already provided for under the existing compensation law where they are impacted by the scheme. Where they are not provided for, the Government are able to use flexible, non-statutory arrangements to provide support. The Government have also committed to taking forward appropriate measures where the law is silent in discussions with stakeholders and residents if it is necessary to do so.

Matters of tenant compensation are complex because they depend on a person’s individual tenancy arrangements, and any compensation must balance the rights of the tenant with fairness to the taxpayer. It should, of course, be executed in a sensitive manner; I think all noble Lords would agree with that.

Covid-19: Transport for London

Baroness Vere of Norbiton Excerpts

Thursday 29th October 2020 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, we are currently in discussions with TfL and the mayor on a further extraordinary funding agreement. My noble friend will agree that the mayor has choices to make to balance the books of TfL. When he has made those choices, they will become conditions attached to support from the UK taxpayer. My noble friend will understand that it would be inappropriate to discuss the details of ongoing discussions at this time.

[Lord Young of Cookham (Con)]

I am grateful to my noble friend. With the other place in recess and government support for Transport for London running out tomorrow, this is Parliament’s last opportunity to find out what is going on. Does my noble friend agree that, if giving more powers to mayors and metro mayors is to work, both sides should moderate their language during negotiations and avoid wild accusations; that any support for Transport for London should take us beyond next May’s mayoral elections; and that any government support for Transport for London should be fair to the national taxpayer and proportionate to other parts of the country while leaving the decisions as to how it should be funded to the Mayor of London?

[Baroness Vere of Norbiton (Con)]

I agree with my noble friend that negotiations between the Government and the Mayor of London—indeed, all mayors—should be based on mutual respect and professionalism. I am pleased to report that, for example, our conversations with the mayor and his team yesterday were very cordial and constructive. The details of the current settlement are still under discussion and we are making good progress. I am pleased to confirm that the Government are committed to the principle that any government funding must be fair to UK taxpayers.

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, it is obvious that TfL needs some immediate investment, along the lines of the sort that the Government have given to the train operating companies, but also needs time to work out some long-term resilience. An 18-month deal is probably best for it. One way of financing it would be to put in smart road pricing. This idea has been around for decades, but have the Government thought about it or even worked up an idea for it?

[Baroness Vere of Norbiton (Con)]

The noble Baroness will know that transport in London is devolved to the Mayor of London. Therefore, any considerations of smart road pricing would be for him to take forward.

[Lord Haselhurst (Con) [V]]

Can my noble friend indicate whether these discussions should consider how far the overall health risk to front-line workers in mass transportation systems could be reduced by the spread of automation?

[Baroness Vere of Norbiton (Con)]

The health of our key workers and transport workers is at the forefront of everything we are doing at the moment, which is why the Government support running full services across public transport to enable social distancing. Automation, for example contactless payment, is one of the things that can reduce the spread of the virus. Automation of driverless trains, for example, would again be a matter for the mayor but we would support looking into it.

[Lord Craig of Radley (CB) [V]]

My Lords, before Covid struck, Crossrail’s full operation had been delayed by four years until 2022 and estimated costs increased by almost a third from the 2009 figure. What further delay and cost increases, due to Covid working restrictions, have been calculated and reported so far? Will all these additional costs have to be financed by TfL and the London authority?

[Baroness Vere of Norbiton (Con)]

The noble and gallant Lord will be pleased to hear that there was an update from Crossrail recently about the schedule and total costs. The project is now completely under the control of TfL. It is its responsibility to finish it. We are in discussions with TfL about further financial support for Crossrail, but we are very clear that Londoners must also foot the bill.

[Lord Desai (Lab)]

My Lords, does the noble Baroness not agree that the UK taxpayer would be harmed if Transport for London became dysfunctional? It would affect the London economy, as well as the health of London’s citizens. Would it not be better to take the larger interest into account and give Transport for London the help that it badly needs?

[Baroness Vere of Norbiton (Con)]

I assure the noble Lord that we want—as much as anybody else wants—London to have a safe, sustainable and reliable network. Obviously, there are issues to consider. In the short term, London’s revenues have been significantly impacted by the decline in passenger numbers. We have to make sure that, as we look to longer-term financial sustainability, not just UK taxpayers but Londoners support TfL.

[Baroness Randerson (LD) [V]]

The Government continue to warn the public to avoid public transport and work from home. Tube journeys, for instance, are down to about a third of their usual numbers. When the train operating companies were bailed out to the tune of £3.5 billion, similar terms to those that have been imposed on Londoners were not imposed on them. Can the Minister explain why Londoners, whether travelling by car or public transport, are subject to financial penalties not imposed elsewhere?

[Baroness Vere of Norbiton (Con)]

My Lords, train operating companies are not the same as TfL and a devolved public transport authority. Equivalent conditions or discussions cannot therefore be made because the two are not comparable. However, I assure the noble Baroness that the Government’s messaging has been to use public transport safely and has been that for quite some time.

[Lord Caine (Con)]

My Lords, is it not the case that the primary responsibility for this funding crisis rests with the utterly incompetent Mayor of London and the monolithic Transport for London? Does my noble friend agree that, whatever the solution to this crisis is, it is not to clobber London’s much-beleaguered road users, many of them small businesses, with more taxes, such as increases in or extensions of the congestion charge?

[Baroness Vere of Norbiton (Con)]

The congestion charge is a matter for the mayor. He will make decisions in that regard.

[Lord Rosser (Lab) [V]]

Prior to the coronavirus pandemic, the Major of London had reduced the TfL operating deficit by 70% and increased its cash balance by 13%, while maintaining fares income over the past four years—a much healthier situation than that left by his predecessor. It is also worth bearing in mind, in the light of what has been said, that London’s net contribution to the Treasury last year was £38.8 billion.

I return to the question raised by noble Baroness, Lady Randerson, which did not get much of an answer. Why are the Government playing awkward over funding for publicly owned TfL? They are providing all the money private train operators in London require through 18-month funding deals with a surplus element built in and few questions asked. Meanwhile, they are seeking to force the Mayor of London to make punitive policy changes affecting Londoners—who have done and continue to do the right thing on Covid-19—as the price for their necessary further financial support. It is not sufficient to say they are different cases; they are very similar.

[Baroness Vere of Norbiton (Con)]

The noble Lord mischaracterises the discussions under way concerning the train operating companies and TfL. Various conditions apply to the new train operating company deals—ERMAs—relating to punctuality, management fees and all sorts of things. Of course, that is just one step on the way to further reform. The Government will step in and support TfL to address the decrease in revenues resulting from the pandemic. However, there are elements available to people in London and to TfL staff that are simply not available to the rest of the country. It is not up to the UK taxpayer to pay for those things.

[Baroness Meacher (CB) [V]]

[Inaudible]—indeed, spent a fortune on cycle lanes. This is of course very welcome, but it has without question created new risks. During recent times, I have been driving to the House and have witnessed the most extraordinarily dangerous behaviour by cyclists, veering across lines of traffic and so on. Will the Government consider assessing a policy of requiring every bicycle to have a name plate? Will they at least try to introduce some discipline and respect for the Highway Code?

[Baroness Vere of Norbiton (Con)]

I recognise that on occasion, cyclists do not pay full regard to the rules. As we encourage more people to cycle—we have put in place cycle lanes, which are very welcome—we must ensure that cyclists behave according to the written law and the spirit of it.