High Speed Rail (West Midlands-Crewe) Bill Debate

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Department: Department for Transport

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

(3 years, 4 months ago)

Grand Committee
Read Full debate High Speed Rail (West Midlands-Crewe) Act 2021 View all High Speed Rail (West Midlands-Crewe) Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 142-II Second marshalled list for Grand Committee - (9 Nov 2020)
Lord McNicol of West Kilbride Portrait The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)
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After the next speaker, I will call the noble Lord, Lord Berkeley, who is present in the Grand Committee.

Lord Haselhurst Portrait Lord Haselhurst (Con) [V]
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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.

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Lord Berkeley Portrait Lord Berkeley (Lab)
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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 Portrait Lord Haselhurst (Con) [V]
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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 Portrait Baroness Jones of Moulsecoomb (GP) [V]
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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.