High Speed Rail (West Midlands-Crewe) Bill

Lord Haselhurst Excerpts

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

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

After the next speaker, I will call the noble Lord, Lord Berkeley, who is present in the Grand Committee.

[Lord Haselhurst (Con) [V]]

My Lords, first, I must pray for your indulgence, as a Member of your Lordships’ House who has not been here long enough to understand in depth all our procedures in handling legislation. My experience of procedure was gained in the other place. It was perhaps that background which made me think, as I looked at the amendment proposed by the noble Lord, Lord Adonis, that it had all the smack of the Second Reading debate about it. Indeed, in the content of the speeches made already, we have ranged pretty far away from the literal purposes that could be ascribed to the amendment. However, I doff my metaphorical hat in the direction of the noble Lord, Lord Adonis, recognising that he probably has greater paternity rights for HS2 than any other colleague.

It is a project that does excite me, for all sorts of different reasons. I am a Yorkshireman, and I certainly would be stung by any possibility that the full concept of HS2 was not to be completed, and that east of the Pennines was going to be neglected. I represented a Greater Manchester seat for a number of years in the House of Commons, and I also have great feeling for the mood that, somehow, the north—be it one side of the Pennines or the other—has been left behind. Therefore, I am heartened by the commitment that the Government have shown so far, even if it does not go as far as some noble Lords would wish.

I could also extend my geographical connections to the Welwyn Viaduct. I worked in Welwyn Garden City for about 10 years and it was a sight I saw every day. I recognise the tremendous constraints that presently exist on that railway. But I do not see how this amendment—although it has been the spark for the wide-ranging debate we have been having—actually helps matters, so far as the construction of phase 2a is concerned. It would be a danger, in fact: if we were to have prolonged debate about the necessity of HS2 phase 2b, that could actually delay progress on the West Midlands to Crewe section of the railway.

My last point is that the Government cannot afford to waste the political capital that they may be said to have gained in the last couple of years by their commitment, now confirmed, to this railway. It is fundamental to their credibility that progress must be made. I do not think that any lingering doubts that have been legitimately expressed by my noble colleagues should stop us cracking on with HS2 phase 2a. That in itself will create a momentum to see that, in due time, the whole job gets done.

--- Later in debate ---

[Lord Berkeley (Lab)]

My Lords, I have listened carefully to the explanation by the noble Earl, Lord Lytton, of the problems with compulsory purchase and payments to those affected—mostly by HS1, because so far that is where the experience is available, unless we go back to Crossrail, which I think we will come to later. With his professional knowledge, the noble Earl has told the Committee many things that are of serious concern. If HS2 really wants to succeed then we have to accept, and I am sure we all do, that it has to be seen to be a good neighbour and to demonstrate that, but at the moment there is a serious lack of trust in many areas.

I heard about some of the problems on HS1 probably three or four years ago when it was quite clear that the company was trying to get access to land and purchase it, whether for permanent or temporary works, but basically did not have enough money allocated from the Treasury to do so. All the results that the noble Earl explained then took place. There was one particular and rather unfortunate set of examples where HS2 wanted to drill boreholes to find out what the soil was so that it could design the foundations for bridges, embankments or whatever. Sometimes the landowners were so fed up with not being paid what was due that they refused access. That was then one of the reasons HS2 used to explain why some of the costs had rocketed, because it could not design the foundations until it had done the boreholes. We can believe that or not, but it was an issue, and it stems from HS2 not asking for enough money from the Government, the Treasury or whoever to do the job properly from the start.

I do not know how many cases of failure to pay compensation are still outstanding; maybe the Minister could tell us when she winds up or write to us afterwards. For me, the whole issue demonstrates that the current arrangements are not fair and will cause a lot of problems for people if and when there is another phase. When the land purchase for phase 2a starts taking place, people are going to say, “It wasn’t done right in phase 1 so we’re going to dig our heels in for phase 2.”

One other issue was raised in the House of Commons that I do not believe was answered. Within all the categories of people who think that they are eligible for compensation, what happens to those with boat moorings on a canal that is affected? They may be hard to locate if they go walkabout, but they may not do that. It seems to me that along with tenants, short-term and long-term, and other people, anyone affected should be capable of receiving some kind of compensation on a fair basis.

[Lord Haselhurst (Con) [V]]

The last thing I would want to argue against is a fairness regime for dealing with compensation. I can only base my impressions of this on the time I spent as a member of the Select Committee. From the moment we were appointed to when, because of the obvious delays caused by the disruption of the pandemic, we actually got down to work, the number of petitions that had been raised by dissatisfied persons or groups had diminished because there had been a settlement. During the course of our proceedings, by the time some of those who had an outstanding petition were due to appear they did not do so because their claim had been settled. So at that stage we heard only what proved to be the difficult cases, and one has to assume that many other people, whether they did so with regret or willingly, had withdrawn their petitions because they had reached a satisfactory conclusion. Of course, while one thinks in a most concerned way about the individual or small community, or the person with a small business who would seem to be in a very difficult situation, generally speaking, most of the claimants were people who had themselves been able to take professional advice. They were not exactly innocents battling against hard-headed professionals in the shape of HS2.

Other members of the Select Committee will speak now or on a future occasion before the legislation has passed through your Lordships’ House, but I do not think that we had the impression that there were so many difficult cases where the levels of compensation were not adequate. Clearly there are the statutory schemes, along with many others that statute has added over the years, to which different categories of claimant could turn. Again, we felt that, through further negotiation, an accommodation could be achieved between the understandably very different points of view—the promoter on the one side and the person facing a diminution of their enjoyment of the place where they live or work on the other.

It is obviously difficult to create a scheme that covers every nook and cranny. We saw a wide range of cases in the petitions that reached us. Some were down to individuals with, in some respects, a heartbreaking tale to tell, but it was hard to see how legislation could have been crafted in a way that would have eliminated that sense of grievance without setting compensation rates at a very high level. It is the case that HS2 has been accused of splashing the cash irresponsibly in many other ways, but still, given the levels of reserves accorded to it, it has to be careful about the level of compensation that it pays. It has that responsibility.

The safeguard in many cases has been the fact that one can petition Parliament. If you are not satisfied with what you get appearing before the House of Commons, you have another chance, for the most part, with the House of Lords. I like to think that all those with grievances who brought petitions were helped by the deliberations of the committee and the lubrication that we may have added to the process of further discussion between the two sides in order to come out with a satisfactory solution.

Simply on the evidence that we have, those who had complaints felt that quite considerable progress was achieved between the two sides. I cannot be satisfied that a whole new range of conditions has to be created, as covered by some of these amendments. Yes, we have to ensure that the basic principles on which compensation operates are fair, but I certainly do not have the impression that they are grossly unfair in a large number of cases. I dare say that further discussions will take place on whether there can be a responsible tightening-up to ensure that we are not leaving out protection for people who really are hit badly by the construction of the railway and are not getting a fair outcome. I am sympathetic to the purposes of the amendments, but I wonder whether they are a sledgehammer to crack what might not be a very large nut.

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

My Lords, I congratulate the noble Earl, Lord Lytton, on his 14-and-a-half-minute masterclass on how to pull apart inadequate government legislation. It was absolutely brilliant, and I cannot see that it leaves much for the rest of us to say—however, I am going to try.

I am delighted that noble Lord, Lord Framlingham, got in on the last debate, because his was a valuable contribution with which I largely agree. I read the Select Committee report, but what has come over strongly during these debates is just how much the members of that committee swallowed the HS2 line. It is almost as if they did not use any judgment and, as was said by others, perhaps did not listen to anything that reduced HS2 in any way. They perhaps put too much trust in the HS2 organisation and should have listened to the personal testimonies of those who have come up against it; for example, the noble Lord, Lord Randall. Perhaps they should swallow a more sceptical pill next time, if there is a next time.

I take issue with the noble Lord, Lord Adonis, who grouped everyone together in the same box, as the noble Baroness, Lady Young, suggested, and impugned their integrity—that is quite offensive. In my case, it is absolutely right that I wanted to stop the original plan, because I read the briefs which said what a terrible waste of money it was going to be and how it would devastate a lot of the countryside. All those things have come to pass; they were all true. The noble Earl, Lord Lytton, has laid out that the HS2 organisation did not have a very good business case; it did not think ahead; it did not assess the situation as well as it might have done. It is now in a mess, having to pay compensation to people whom it has not treated very well.

High Speed Rail (West Midlands-Crewe) Bill

Lord Haselhurst 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

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

I think that the previous two speakers are actually getting a little bit personal, putting words in the mouth of the noble Lord, Lord Berkeley, and misrepresenting him. They should both perhaps row back a little from personal comments, which they seem keen to make at the moment.

It is true that HS2 had the Oakervee review but, quite honestly, it was little more than an election gimmick by the Conservative Party. Sure enough, after the election, the Government were absolutely committed again, and they reiterated full support for HS2. The noble Lord, Lord Berkeley, explained this incredibly clearly in his opening statement, and perhaps it was so clear that people misunderstood it—I am not sure. He proposed a truly independent peer review on the full range of issues. I do not see why this is controversial. You cannot learn lessons if you have no lessons to draw on, and that is the big problem with HS2.

The proposed publication of a cost-benefit assessment of HS2 with annual revisions seems to me like good business practice. I have absolutely no idea why anybody would object to the amendment. It should be standard for any government project to have this sort of truly independent review and a cost-benefit analysis. Rigorous and independent peer-reviewed analysis would give a much more informed public debate; at the moment, we have HS2 blasting out its credentials all the time, when we know that it is doing the most incredible environmental damage and is costing a fortune. How can the noble Lord, Lord Liddle, dare to talk about taxpayers’ money when we are spending billions on this project? In view of the pandemic and people therefore working remotely these days, it is quite likely that there will be less demand for this demand for a project for a year, at least, and for much longer after it has finished.

Everybody says that HS2 is a project for the future, but it is a creature of the past, quite honestly. It was designed for a past that used to be the norm, and we will not be seeing that norm again very soon. For me, the cost far outweighs the benefit. Regrettably, it is perhaps too late to stop it, but really, we should—we should not spend a penny more. These amendments would help to settle that argument. If I saw the results of an independent review that ruled that it was worth the money, I would accept that.

[Lord Haselhurst (Con) [V]]

My Lords, we always seem to have a conflict in our country between those who believe that we are far too slow in improving infrastructure, and those who appear to think that we are doing it too quickly, if not recklessly. This can apply to so many things, some of which I have been involved in in the past, as a Member of the House of Commons.

Broadly speaking, it is fortunate that the divide is not simply on a party basis. It is not always that I find myself on the same side as the noble Lords, Lord Liddle and Lord Adonis, but I find myself firmly bracketed with them on this issue. I am well disposed to the project of HS2, and the noble Lord, Lord Berkeley, is plainly not, whatever his protestations. He has a fairly good track record, even within the confines of this Bill, of trying to find ways of delaying it and pushing it even further into the future.

“We do things in a hurry when there is a war on”— a remark I heard many years ago, which gives away my age. Another comment somebody made to me, which I have no reason to dispute, was that synthetic rubber would probably not have been invented had it not been for the Second World War.

I find it very hard to see anything other than another form of dilatory motion in the amendment we are discussing, which is different from the one that we debated at the request of the noble Lord, Lord Berkeley, on Monday. The noble Lord, Lord Adonis, made the point about finding people who apparently would satisfy the opponents of HS2, and it is going to be a difficult exercise. Where would one get a group of people who are sufficiently saintly to be free from ever having tossed out a casual remark at a local drinks party that does not stain them with bias on this subject?

As I say, I am in favour of the project. I want to get on with it—but I am not without concern for people and communities who are disadvantaged. What I saw as a member of the Select Committee was the effort being made to soften the blow and provide compensation, even if it does not go quite as far yet in every case as might be justified.

The important thing about HS2 is the levelling-up potential. Speed is important: the length of time to get from home to work is a crucial factor. I picked up on the fact, as the Member of Parliament who saw a third London airport built in his constituency, at Stansted, that HS2 would mean that Birmingham Airport would be a shorter distance in time from London than would Stansted. That to me was an astonishing fact. Birmingham is our second city, yet its airport could hardly be said to be the second airport of the United Kingdom. I mean no disrespect to Manchester when I make that comment. Surely, it would make it easier for cities such as Birmingham, Leeds, Manchester and Nottingham if people could arrive in this country and find that there were fast journeys between cities and towns and the other areas they wish to get to.

Then, we have the pressure on the south-east. As has been spelled out so many times, there is the difficulty of fitting in all the housing we need into an area where, yes, jobs are being created—and that is wonderful—but we want to see jobs being created across the country. The conundrum of a country divided between north and south has remained unsolved for 60 or 70 years, despite the efforts of Governments of all colours to get on top of it.

Therefore, HS2 has a very important part to play in that, and it is already helping to create jobs. If, as can be said, there is a war on—a war against the pandemic—and there are already signs of jobs being created by HS2, then that is the way in which we are going to bring about some real, true levelling-up in our country. We need a decision above all things at this time on HS2—not more inquiries or reviews—because we want to win the war.

--- Later in debate ---

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

The noble Lord, Lord Liddle, has withdrawn from speaking to this amendment so I call the noble Lord, Lord Haselhurst.

[Lord Haselhurst (Con) [V]]

My Lords, I listened with interest to the noble Earl, Lord Lytton. In general, while of course one should uphold the idea of best practice in these circumstances, we are never going to get to a situation where best practice is perfect practice.

I have seen the law on compensation tightened over many years and become more rigorous and more extensive. The present situation is that it is backed up, in the case of the hybrid Bill procedure, with the opportunity for an individual, community or business to bring their grievance to Parliament. The HS2 Bill has been through that process in the Commons and in the Lords.

One should remember that there will always be two parties to any negotiation. Our committee listened with great sympathy to many of the points that were made to us. Our job was to try to push both sides together to reach an agreement. Many an agreement was made, some of them without the petition having to be brought as far as the committee. Some claims seemed slightly far-fetched—that must be honestly admitted—whereas others were deeply emotional and it was difficult to find the absolutely correct way of addressing them.

I have seen various things in my political lifetime relevant to a discussion of this kind. In my first constituency, Middleton and Prestwich, those two towns were suddenly separated by a six-lane highway, the M62. That project finally tipped the Government of the day into recognising that it is not just land-take that should be measured in circumstances of that kind but that there are various other factors, such as noise disturbance, obviously. That led to the Land Compensation Act 1973.

For most of my political life I was the Member of Parliament for the constituency in which it was designated that London’s third airport should be established, at Stansted. The battle over where the third London airport should be put was fought for over 40 years. I was the unlucky person who was finally overridden in the campaign by the Government of the day. But I saw a whole host of types of grievances that arose and there is nothing more potent than aircraft taking off a mile or two away from where you live. One understands that the very concept of a high-speed railway gets people on the defensive, quite rightly.

However, I honestly do not recognise that from my recent experience on the HS2 hybrid committee. I think a great measure of justice has been done, as far it as can be when you are talking about the construction of a railway of this magnitude. I say to the noble Earl that I do not recognise too much of what he has just described to the Committee. What other colleagues who were alongside me on the committee would say I do not know but I think it was our general recognition, as may be judged from the report, that we were able to get accords in many difficult situations. Not all of them—maybe one or two of the claims were extravagant —but by and large petitions kept being withdrawn because an agreement was reached.

I just do not know whether it is possible at this stage to put into legislative form a compensation system which will ever be universally acceptable. There will always be consideration of the other side. If there is going to be wider public complaint about the rising cost of great infrastructure schemes of this kind, there has to be some sort of control on the level of compensation given, which will not, alas, fully satisfy every single person affected by the project. So I honestly do not see the need for an amendment of the kind proposed.