High Speed Rail (West Midlands - Crewe) Bill

Debate between Cheryl Gillan and Antoinette Sandbach

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.

European Union (Withdrawal) Bill

Debate between Cheryl Gillan and Antoinette Sandbach

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Mrs Gillan]

My right hon. and learned Friend makes the same point that I am trying to make. Likewise, the Bill does not allow anyone who has suffered harm because of an act of the state in the period prior to the day of exit the right to lodge a claim under the rules as they stood at the time they were harmed.

[Antoinette Sandbach]

This is incredibly important for my constituents who could face issues relating to HS2, because a right of claim could arise between now and exit day, whenever that is set to be, and it is vital that their rights should not be changed during that period.

[Mrs Gillan]

My hon. Friend is leading me down a path that I do not wish to go down. I was very much hoping that I could make my contribution today without mentioning HS2, but the trouble is that if I do not mention it, someone else will. In fact, I agree with her entirely. To deny people those rights would be an abuse.

A retrospective removal of rights breaches the principle of legitimate expectation, because individuals have a reasonable expectation that their grievances should be heard under the rules as they stood at the time they were affected. For this reason, I am proposing these minor amendments to the Bill. I do not believe that they would undermine the overall effect of the Bill; rather, they would give legal certainty to those who were caught in the transitionary period. Anyone who has a claim originating in the period prior to Brexit should be able to have their claim heard under the rules as they stood prior to Brexit, including a right to a reference to the European Court. That is only fair and just. The British people voted for Brexit to improve their rights and the rights of their fellow citizens. They did not vote to cause legal confusion or harm, or to frustrate the rights of those relying on the courts during the transitionary phase.