High Speed Rail (London – West Midlands) Bill

Barry Gardiner Excerpts

Wednesday 23rd March 2016 Commons Chamber

[Mrs Gillan]

My hon. Friend has already made a name for herself in the House for defending our environment, and I hope that she long continues to do so. I agree with her entirely. The Woodland Trust wants ancient woodland to be removed from the “no net loss” calculation, and it is disappointed that HS2 has not done everything that it should or could do to avoid the loss of ancient woodland.

[Barry Gardiner (Brent North) (Lab)]

I am sure that the right hon. Lady will acknowledge that when HS2’s original estimate of the amount of ancient woodland was reviewed by the Woodland Trust, that estimate was increased by 78%. It is appalling that the initial environmental survey conducted by HS2 did not record accurately the amount of ancient woodland involved.

[Mrs Gillan]

The hon. Gentleman’s point about inaccurate assessments is, I am afraid, repeated throughout dealings with HS2. This is a particularly bad example. The Woodland Trust petitioned HS2 for a minimum planting ratio of 30:1 to compensate for the fact that irreplaceable habitats will be lost, and the planting of 2 million trees along the wider route is just the starting point. I would have hoped that that could be put in the Bill, which would have made the provision legally binding and ensured that at least some structured replanting and maintenance took place.

[Mrs Gillan]

I am grateful to my hon. Friend for that clarification. I wish I could take it at face value.

[Barry Gardiner]

As I am sure the right hon. Lady agrees, the Minister’s assurance that there will be no net loss is not worth the air time it is given. Ancient woodland is, of course, as Natural England precisely characterises it, “irreplaceable”. The idea that there can be no net loss of something that is irreplaceable is simply a contradiction in terms.

[Mrs Gillan]

The hon. Gentleman makes a very valid point. Quite frankly, the fact that anybody actually says they would replace ancient woodland just shows the ignorance of some of the people dealing with this matter.

--- Later in debate ---

[Mrs Gillan]

I make no comment. That speaks for itself.

[Barry Gardiner]

Will the right hon. Lady give way?

[Mrs Gillan]

I think I have given way enough to the hon. Gentleman. I want to make some progress because so many Members want to speak on this group of amendments, and we have so little time.

I have tabled new clauses, drafted by a very senior lawyer, on a proposal that is of particular importance to everybody—the adjudicator. The proposal is of great importance and would improve the project immeasurably. New clause 8 provides for an independent regulatory body regularly to review and monitor progress during construction, and to hold HS2 to account in delivering what has been promised in environmental and other mitigations. The construction commissioner or complaints commissioner proposed by the Department for Transport simply will not have the remit or the expertise to monitor such a large project. In addition, it can only cover claims of up to £7,500. I believe we need truly independent scrutiny by an independent body. Some of the panel members should have relevant expertise, and most importantly, it should have enforcement powers.

The history of this project is full of errors and omissions, including the downplaying of the environmental impacts, together with the “It will be fine” and “The people along HS1 did not complain” attitude of the promoter. We cannot trust what HS2 is currently offering. At the moment, it is in effect responsible for policing itself.

The Government assure us that the environmental minimum requirements and the code of construction practice offer the necessary protections, but close examination of the documents does not provide such reassurance. The devil is always in the detail. In practice, it means that although HS2 is required to adopt measures to reduce the adverse environmental effects reported in the environmental statement, it only has to do so

“provided that such measures are reasonably practicable and do not add unreasonable cost or delay to the construction or operation of the project”.

In effect, that gives the nominated undertaker, which is in charge of monitoring itself, a “get out of jail free” card.

--- Later in debate ---

[Barry Gardiner]

I am not against HS2. I am for trees—but not just any trees: trees that enhance our environment and improve our biodiversity. I want to pick up on two very brief points, in relation to the remarks of the Minister of State, the hon. Member for Scarborough and Whitby (Mr Goodwill), on net biodiversity loss and translocation.

It is absolutely clear that the commitment in the Government’s White Paper was not simply to no net biodiversity loss but to leaving the natural environment of England in a better state. This project will set a precedent on how to deal with the natural environment for all future major infrastructure projects. The question is whether it will fulfil the promise of improving the natural environment, leaving it in a better state for our children. National planning policy framework 118 is absolutely clear:

“planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland”.

Ancient woodland is irreplaceable.

The Secretary of State used the figure of 7 million trees when he spoke from the Dispatch Box earlier. Seven million trees, if planted at the rate suggested by the Woodland Trust of 2,500 trees per hectare, would give rise to 2,400 additional hectares. I want a commitment from the Secretary of State that they will be additional hectares: additional to the Government’s promise that 5,000 hectares of new woodland will be planted in England each year, a promise that at the moment is not being met. Some 2,400 hectares had been planted up to 2014-15, which is more than 4,000 hectares light on the existing promise. I want a commitment that the additional 2,400 hectares—the 7 million trees he spoke of—will be on top of the existing promise that is not being met.

Finally, on translocation, Natural England clearly states that an

“ancient woodland ecosystem cannot be moved”.

The Woodland Trust’s extensive research into translocation states:

“The only thing that is certain when translocation of ancient woodland soils is undertaken is that a valuable habitat will be destroyed.”

There is no guarantee that a similarly valuable habitat will be created. The idea, therefore, that translocation can be used and justified as the Minister attempted to do earlier—he is an honourable and decent man using the information that his civil servants no doubt gave him—is wrong.