High Speed Rail (London–West Midlands) Bill

Lord Bradshaw Excerpts

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

[Lord Berkeley]

My Lords, Amendment 18, standing in my name and that of the noble Lord, Lord Bradshaw, is to do with traffic and transport issues during the construction of phase 1. It came from a conversation I had with people at the West Midlands transport authority—I think that is the right name; it has just been changed—who expressed concern that the Bill could allow HS2 to restrict the flows on motorways or national rail services as it felt necessary without any consideration for the needs of other rail travellers or drivers on the motorway and local roads. They felt that the consultation had been not that comprehensive to start off with and they were really quite worried about this issue, which they say could cause major trouble and problems for traffic on rail and road during the construction. It seems that Camden Council has similar worries and I think that TfL probably does, too. Their solution was to propose this idea of a regional integrated command centre. I do not know whether that is the right term. It is not a sort of Army command centre but a co-ordination body to bring all the bodies which I have listed, including,

“Highways England, local highways authorities, emergency services”—

the transport authorities local and regional—

“transport operators and the nominated undertaker’s contractors”,

and probably a few more, together on a regular basis to plan what is going on and minimise the adverse effect of traffic and transport on the users.

We can debate whether there should be one centre covering the whole route or several. The amendment I have tabled says that there should be one but that is for discussion. This is one of those things which, if it does not happen, probably would happen several years on when there had been a crisis or disaster. My suggestion is that it should be set up from the beginning, whether that takes three months or six months or whatever. I hope that it would be funded by HS2; after all, they are the people causing the problem. I think this would be welcomed by all the different users and could be a major benefit to the communities along the route and the longer-distance travellers, who would see all the obvious problems which come with construction mitigated to some extent. I look forward to some interesting comments and debate on this proposal, which would be extremely cheap to run and very beneficial. I beg to move.

[Lord Bradshaw (LD)]

I shall speak very briefly. The Minister has already said in reply to a previous amendment that local authorities would have substantial powers in organising traffic. I am anxious to have some assurance that HS2 Ltd will not, as it were, have overriding powers which prevent the proper processes taking place.

[Baroness O'Cathain (Con)]

My Lords, perhaps we could probe this amendment. A lot of the work that we did on the Select Committee referred to HS1, Crossrail and the tunnel. With all his expertise and knowledge, can the noble Lord, Lord Berkeley, tell me whether this actually occurred in the case of HS1—the Channel Tunnel route—and Crossrail? Perhaps we should benefit from that, because we frequently went back to the experience of those two projects. There was no point to going through them if you were not going to get some learning from them. Are we trying to reinvent the wheel here or was there a separate way of doing it, which the noble Lord thinks was not good enough and is why he has tabled this amendment?

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[Lord Berkeley]

My Lords, for the convenience of the Committee, I can speak to Amendments 19 and 20 together, which should save us a little time. This is a very short and probing amendment which comes out of experience with HS1. When the HS1 legislation was going through, Ministers seemed to have a lot of intentions to set it up so that it could be sold to the highest bidder in the shortest possible time and at the highest price. They seemed to think that if they did not have independent regulators keeping an eye on what was going on, that would dramatically increase the sale price. Anyway, the Bill received Royal Assent and it all happened, but a few years later we realised that, having no regulator with any teeth at all, the infrastructure manager, which could have been in the private sector, could charge exactly what it liked for the trains to run on it, could close it when it liked, and did not have to justify its costs of operation or anything else. All I have put down in these amendments is simply to probe the Minister to ensure that he is not trying to do that this time. I have no evidence that he is at all but I just wanted to probe to make sure. We spent an awful lot of time in the years after the HS1 Act—the noble Lord, Lord Bradshaw, and I did a lot of it together—bringing in regulations, which the Government accepted, to right the mistakes of the first Act.

[Lord Bradshaw]

Perhaps I may just draw the Minister’s attention to the large number of occasions on which Ministers of both parties have committed themselves to the fares on HS2 not being excessive and taking into account ordinary people and various other things— I have about 20 of them. This is not a railway that is apart from the rest of the railway, I hope.

[Lord Ahmad of Wimbledon]

My Lords, I thank both noble Lords and I shall turn first to that final point. There are other Ministers taking part in the Committee today. I back exactly the sentiments of the noble Lord and would add my name to the list, in the sense that the HS2 project underlines the importance of the railway infrastructure as a whole. We have discussed in previous debates the importance of the building of HS2 not just for itself but also in terms of the impact it will have on the railway infrastructure.

I am grateful to the noble Lord, Lord Berkeley, for explaining that the amendment is probing in nature, but perhaps I may refer to the specifics. With respect to the Railways Act 1993, only one minor change is being made, which is a partial disapplication of the licensing provision so that the pre-operation testing phase does not require a licence. It is simply not considered to be necessary during that period. As I have said, we learn from experience; such a change was made for the Crossrail Act 2008 and a rather wider disapplication was also included in the Channel Tunnel Rail Link Act 1996, in which I am sure both noble Lords are well versed. The Bill would also disapply closure provisions in the Railways Act 2005 in the case of closures that are necessary because of the construction of the works. In this regard there is only one closure, that of the Wycombe Single to allow Old Oak Common to be constructed. This has already been discussed in the Select Committee of your Lordships’ House on the Bill, and it was decided that the closure procedures in the 2005 Act should not apply as Parliament will have already approved the closure. As I say, such a provision was also included in the Crossrail Act.

I appreciate that in the interests of time the noble Lord, Lord Berkeley, has spoken to Amendments 19 and 20. Specifically on Amendment 20, I can confirm that the existing safety and economic regulatory regime for the railway is unchanged by the Bill and so it would continue to apply to HS2 in the same way that the regulator, who as he pointed out has an important role, sees fit. For these reasons, we believe that this amendment is unnecessary.

--- Later in debate ---

[Lord Bradshaw]

Just to have a bit of up-to-date experience, I always travel on the bus in the morning. Yesterday, there was one wheelchair, three buggies and two ladies with wheeled trolleys. The driver should not have taken them, but he did. As time goes on, we are going to have to get round this issue of flexible space—perhaps it is a little more sophisticated than using tip-up seats. We have to adjust what we have got to take account of the traffic on offer.

[Lord Rosser]

Can the Minister provide an assurance— I am sure that he will be able to—that these facilities will be available on the high-speed trains, including for wheelchair users, and that there is no possibility whatever of anyone seeking to argue that, since other services will be running between Birmingham and London, Manchester and London and Leeds and London, on what is described as the classic network, people with bicycles, wheelchair users and people with pushchairs will have to go on those services rather than on HS2?