High Speed Rail (West Midlands - Crewe) Bill

Cheryl Gillan Excerpts

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

[Antoinette Sandbach]

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

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

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

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

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

[Dame Cheryl Gillan (Chesham and Amersham) (Con)]

As my hon. Friend knows, I take a personal interest in this matter. I am sorry that I have not been here for the debate, but my parliamentary duties elsewhere have prevented me from being in the Chamber to support her. Does she agree that the precedent for this secrecy on HS2 was set when it was revealed that the main reports on the project were going to be kept not only from the public but from this House, when the then Secretary of State for Transport refused to publish the reports from the Major Projects Authority? That, in itself, was very damaging. By setting that bar for secrecy, and through the NDAs, the largest infrastructure project in Europe continues to be concealed from Members of this House and from the public.

[Antoinette Sandbach]

I completely agree with my right hon. Friend, which is why I tabled new clause 5. NDAs should not be used to shut people up and prevent them from saying what is happening inside the organisation. Not only that, but NDAs are being used to deprive elected Members of this House and other officials of important information about some of the impacts and problems, which we should be scrutinising.

--- Later in debate ---

[Yvette Cooper]

Mr Deputy Speaker is completely right: we could go on for a very long time about the problems with Northern rail. My hon. Friend is also right. The review in new clause 4 should focus on the geographic impact and the impact for towns, because time and again we just see our town services go backwards and our chances of getting any capital investment in towns disappear, while the Government always talk about these huge billions of pounds going into connections for the cities. The compact between different parts of the country, particularly between our cities and towns, has now broken. I do not think anybody quite recognises the seriousness of that. This debate about HS2 is carrying on while we ignore that serious and growing divide.

[Dame Cheryl Gillan]

Does the right hon. Lady agree that the Department for Transport needs to update its national rail travel overview survey report, on which so much of its planning is dependent? It has not been updated since 2010. I received a written answer that said the Government are

“currently considering updating the National Rail Travel Survey”.

Does the right hon. Lady think that that needs to be done as a matter of urgency, so that the survey reflects the exact points she is making?

--- Later in debate ---

[Ms Ghani]

I want to put on the record my thanks to James for doing such fantastic work. My hon. Friend raised an important point. It should not be up to Members and their staff to continually liaise between HS2 and their constituents. It is HS2’s job to ensure that the community engagement is appropriate and done with humility and that cases are dealt with swiftly.

My hon. Friend once again challenged the budget. As I said, it is £55.7 billion. It is the job not only of the Department but of the chairman and the CEO to keep budgets tight. He also talked about spoil and its impact on traffic in his constituency. It is expected that 92% of excavated material generated by phase 2A will be used across the HS2 route and that 4% will be directed to local placement along the route. I am more than happy to meet him again to go through his issues and will make sure that Highways England is in the room as well. He mentioned three cases—the golf club, Hopton and Hanchurch. I have an update on all three and am more than happy to put them in writing to save time on the Floor of the House. If he wishes to meet, I can also provide him with an update then, but progress is being made. I understand from my notes that they are more or less satisfied with the arrangements made with HS2.

I welcome the support of my hon. Friend the Member for Copeland (Trudy Harrison). I agree about the transformative nature of public transport and its impact on national prosperity, which is why we are making such a significant investment in our railways. I remind her, because I know it is incredibly important to Copeland, that there will be more than £2.9 billion of trans-Pennine rail upgrades—the single biggest project commitment in control period 6.

My hon. Friend the Member for Congleton (Fiona Bruce) asked repeatedly what HS2 would do for her constituency. At its peak, there will be more than 300,000 people travelling daily on this line. It will connect eight of our top 10 cities. Two technical colleges are already in place to make sure that our youngsters and older people who want to reskill have a job for life. It will connect our country. I completely understand, as a constituency Member, how Members should and must fight for the best deal for their constituents, but this will be a transformative project. All the cases raised today by Members on both sides of the House of where HS2 Ltd is not acting as swiftly as it could be have been put on the record, and I will do my best to take forward any cases that remain undealt with.

I hesitate to respond to my hon. Friend the Member for Lichfield (Michael Fabricant) in case he makes a passionate intervention, but I cannot see him in the Chamber. No doubt he will come back in. I thank the hon. Member for Crewe and Nantwich (Laura Smith) for her support for the Bill. She referred to businesses. There are 2,000 businesses already involved on the line and 9,000 people working on the line, and 98% of the businesses involved in HS2 are small and medium-sized enterprises.[Official Report, 16 July 2019, Vol. 663, c. 8MC.] I have personally tasked HS2 with making sure that it makes it an easier process for smaller businesses to bid for projects. I want this project to transform not just large but small businesses, making it easier for them to pitch for work.

The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) spoke about investment in the north. I was lucky enough to be in the Chamber earlier with the Rail Minister, my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones), and I can confirm that we are investing more than £40 billion in our existing network. Network Rail estimates that about 100 cities and towns could benefit from new or improved rail connections as a result of HS2. As some of the passionate speakers have noted today, it is not an either/or project; we need HS2 as well as continued investment in our rail and road network.

I do not see my hon. Friend the Member for Stone (Sir William Cash) in the Chamber, so I will move on. As I am running out of time, I will now deal with the new clauses. I welcomed what the hon. Member for York Central (Rachael Maskell) said about new clause 1, but I do not recognise the need for quarterly reporting. I think that once I have explained why, she will agree with me.

Let me first say something about the environment. The project is already bound not to exceed the likely significant environmental effects that were assessed and reported to Parliament. The environmental statement clearly sets out our approach to the monitoring, reporting and mitigation of environmental impacts during the construction of the phase 2a scheme, and follows industry best practice. Most important, the monitoring and reporting of individual environmental impacts must be tailored to the impacts in question. During phase 1 we are already publishing monthly and annual reports setting out compliance with air quality and dust commitments, and similar monthly reports on noise and vibration impacts are published.

Subject to Royal Assent, local environmental and management plans will be developed for each local authority along the phase 2a route. They will explain how the scheme will adapt to and deliver the required environmental and community protection measures in each local authority area. If we make a decision here today, we will tie the hands of local authorities, which will not be able to engage in important discussions. We should not, here in London, impose something separate and arbitrary that may not be locally appropriate. When authorities have those conversations with HS2 Ltd, they can make arrangements to receive monthly reports.

Contractors working for HS2 Ltd will be required to comply with the measures in the local environmental management plans in order to meet the environmental minimum requirements. HS2 Ltd will also consult statutory agencies and independent experts, such as the HS2 ecological review group, which will advise on the monitoring regime and report impacts on ecology and biodiversity. The hon. Lady said a lot about the need for local engagement, local empowerment and monthly reports. All that can and will take place if we allow it to happen, as it has in relation to other parts of the line. She may not have been aware that that was happening, but I think she will agree that if we accept her new clause we will not only increase costs, but create an unintended consequence whereby local authorities will lose their monthly reporting.

New clause 2 proposes a compensation scheme for tenants. We discussed that in the Public Bill Committee on 25 June, when I responded to a similar proposal. As I said then, the starting point is that the land compensation code does not shut out those who hold land, whatever the duration of their tenancies. It does not bar them from compensation. We have a responsibility to be absolutely accurate when we are talking about policies and the support that is provided. We may make people even more nervous about coming forward if they do not know what measures are available.

Most types of tenancy are already provided for under existing compensation, if they are impacted by the scheme. When they are not, the Government can use their flexible, non-statutory compensation arrangements to provide support where appropriate in a typical case, which is the category into which most of these cases will fall. The amount of compensation payable is set by the Ministry of Housing, Communities and Local Government. It applies to all Government-led infrastructure projects, and not just to HS2. Those arrangements have been debated, agreed and set by Parliament, together with a vast body of case law on the subject.

The hon. Lady may not be aware that HS2 Ltd has published a useful information note—“C15: guide to compensation for short term residential tenants”—which covers atypical cases. I am more than happy to sit down with her and explain it. I am also more than happy to ensure that, if necessary, the position is communicated to local community engagement forums as effectively as possible. I have previously hosted events in the House to enable Members on both sides of the House to manage particular scenarios with their constituents.

[Dame Cheryl Gillan]

I apologise for missing the start of the Minister’s speech. I was chairing a debate in Westminster Hall.

Can the Minister assure me that the property registers and the holdings of properties will be accurate? I was recently given two lists of properties in my constituency that had been bought by HS2 Ltd, and they did not match. Properties that were missing from the second list had appeared on another list some years earlier. Can the Minister assure me that she will update the property registers, and will ensure that they are accurate in the first place?

[Ms Ghani]

My right hon. Friend has raised the important issue of transparency and the need for data to be up to date. Members of Parliament who are working hard for their constituents need to know exactly what data they are speaking about. I shall be happy to ensure that any case that my right hon. Friend raises is dealt with by HS2 Ltd, and also to ensure that there is even greater clarity about the compensation packages that are available.

Let me now deal with new clause 4. Phase 2a has been under independent scrutiny since its conception. All elements of high-speed rail have been subject to scrutiny since the outset, not least in the House, through the petitioning process, through Public Bill Committee scrutiny and debate, and also through independent scrutiny conducted by the Infrastructure and Projects Authority and the National Audit Office.

Let me assure the House that, while HS2 is making huge progress in supporting 9,000 jobs across the country and being backed by businesses and business leaders in the midlands and the north, we will continue to scrutinise the project. HS2 will boost economic growth across the UK, and we are already seeing the benefits in the midlands and the north. However, I do not see the benefits of a further environmental assessment, given that we have already consulted extensively. That includes a seven-month consultation on the route back in 2013, a scope and methodology consultation in preparation for the environmental impact assessment in 2016, a consultation on the working draft of the environmental impact assessment—also in 2016—a consultation on the environmental statement deposited alongside the Bill in 2017, and two more consultations on the environmental statement and supplementary environmental statement alongside the additional Bill provisions in 2018 and 2019.

I hope Members agree that a huge amount of scrutiny has already taken place. There is also a board, which was strengthened last year by a new chairman, Allan Cook, who works closely with the executive to review the capability and capacity of HS2. It is the job of the chair and the board to ensure that the entire programme continues under scrutiny. I do not see what more another review will achieve, apart from adding another layer of bureaucracy and another cost, given that there have already been so many.

Let me now deal briefly with new clause 5. I thank my hon. Friend the Member for Eddisbury (Antoinette Sandbach) for being so patient. She has cited some very complicated cases, some of which have taken a long time to resolve. I can only apologise on behalf of HS2 Ltd if it has not worked as efficiently as possible with her constituents, or in providing information about local schools.