High Speed Rail (London–West Midlands) Bill

Lord Rosser Excerpts

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

[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.

[Lord Rosser]

On the question of the Government’s intentions in the longer term for HS2, recently we had an announcement from the Secretary of State about a new link between Oxford and Cambridge. As I understand it, the company running the line would also be responsible for the track. Are the Government intending that the arrangements for HS2 will be on a similar basis to that project?

[Lord Ahmad of Wimbledon]

My right honourable friend the Secretary of State referred to a specific line. I am sure that the noble Lord will acknowledge that other announcements also made by the Secretary of State in this regard refer to the importance, whatever governance structure is set up, of those who are responsible for running the railway line and the rail service working together in an integrated fashion. The underlying purpose is that common objectives can be set. At this juncture, I cannot give the noble Lord a complete answer on the running of HS2 in terms of who will run the service and who will run the lines; there are, of course, other ways in which services across the country are run. The Secretary of State has underlined the importance—and it is his intention—that, whatever the governance structure, there should be an integrated way of running lines and train services, with common objectives being set if different companies are running different services.

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[Lord Ahmad of Wimbledon]

My Lords, again, I note very carefully what the noble Lord, Lord Berkeley, has suggested. I cannot disagree with his sentiments about the need for and emphasis on an integrated approach; indeed, we perhaps touched on it in the previous debate in response to the question raised by the noble Lord, Lord Rosser. HS2 services will run on Network Rail’s infrastructure as well as on the new railway. I assure the noble Lord that the management of the HS2 infrastructure and HS2 train operators will need to work closely with Network Rail and other train operating companies to manage all operational interfaces. As he suggested, work on the timetabling is an important part of that, and is already very much part of considerations.

In addition to day-to-day rail operations, and as the noble Lord alluded to, co-operation will be needed in respect of the wider network roles undertaken on the railway by Network Rail. He raised the issue of a rugby match in Scotland. I am not a rugby fan but I am a football fan, and therefore can imagine having to face a similar challenge. This is a frustration that arises for many people, not just sports fans—when you are visiting family and friends up and down the country, you want to know that there is an integrated approach to the railways. Therefore, I agree with the noble Lord that part of co-operation with Network Rail includes long-term planning, timetabling and co-ordinating network-wide responses, particularly at times of major work or disruption. The need for infrastructure managers to work together and co-ordinate was also emphasised by the noble Lord. He will be aware, as will others here this afternoon, that that is already addressed under the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016. I hope that, given the assurances I have provided, and following reflection on the regulations I have pointed to, the noble Lord will be minded to withdraw his amendment.

[Lord Rosser]

Can I be clear about what the Government’s intentions are, or whether they have still to be determined? Is the Minister saying that once HS2, or at least the first part of it, has been built—we are talking about that part of the track which is unique to HS2—there will be no involvement of Network Rail in the maintenance and upkeep of that track?

[Lord Ahmad of Wimbledon]

I am not sure that the noble Lord heard me correctly. I am saying that an integrated approach to future management will be required as regards the new track, the existing tracks run by Network Rail and those who operate the new services on HS2. The noble Lord is fully aware that Network Rail currently has responsibility for the rail network of the country. As I said, operators need to work in an integrated fashion across the network and to have common objectives, whether it is Network Rail or another company running a franchise on a particular line. I cannot go further than that except to say that these common objectives are aligned under the specific regulation to which I have alluded.

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[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?

[Baroness Buscombe (Con)]

My Lords, this has been a very useful debate, which gives us the opportunity to explain exactly what is going on and what is planned.

With respect to the amendment, I can assure noble Lords up front that, in procuring the rolling stock for HS2, we will be fully mindful of the need to ensure access for all and to improve overall passenger comfort. That, of course, includes giving consideration to the needs of people with disabilities, cyclists and parents with pushchairs, as well as the need to provide adequate space for luggage. I should say straightaway that it brings to mind—certainly to me—the contrast in thinking over time from when the Gatwick Express came into use, which my noble friend Lady O’Cathain has referred to in your Lordships’ House. There is a dreadful lack of facilities for people to manage their luggage, which the noble Baroness, Lady Randerson, has also referred to. Times and thought processes have changed, and the Government have taken that very much on board. Indeed, when the Heathrow Express came into service, I think we all clapped our hands when we discovered that on that train we have amazing space for luggage. It makes the whole difference, making what can be a nightmare journey into a very comfortable journey. The Government are very mindful of that. In fact, my noble friend the Minister has said to me that he has had the experience of getting on to one of the Crossrail trains that is being adapted on this basis—with, for example, flip-down seats—to make the whole process of being more flexible a possibility.

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Debate on whether Clause 53 should stand part of the Bill.

[Lord Rosser]

I will make a point on Clause 53, which, if I have understood correctly, is one of the clauses that is covered in the report from the Delegated Powers and Regulatory Reform Committee. It may be that the Government have already given their response, in which case I would be grateful if the Minister could remind me what it was, particularly bearing in mind that the report was published on 16 November. However, my question is purely to ask where we are with the Government’s response to that committee’s report. With regard to two particular paragraphs, have the Government responded and, if not, will they, or it is up to us to put something down on Report if we want to go down the road suggested?

[Lord Ahmad of Wimbledon]

I am just checking as I do not have a response. However, the Government will respond and we intend to publish that before Report.

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[Lord Rosser]

Perhaps I may raise one or two points on the issue that is set out in the amendment, which as I understand it is about the procedure for dealing with issues that people have during the construction process and what kind of redress is available to them. I raise this in the context of asking the Minister to clarify what those processes will be. I shall start with the context set out in the summary of the Select Committee’s report, which states:

“As the railway is constructed over the coming years, it will be imperative that the promoter engages effectively with all interested parties to ensure that, as far as possible, disruption and inconvenience are kept to a minimum. In this regard, the promoter faces an enormous task and we cannot stress enough the importance of effective and timely public engagement, something which, we were told time and again, could be improved upon”.

As an example of what I am asking, I refer to paragraphs 155 to 157 of the committee’s report. These relate to an issue which, as far as I am personally concerned, is fairly close to home; about a third of a mile, to be precise. The committee states at paragraph 155 that it had,

“heard some powerful and entirely credible evidence about traffic congestion in Ickenham”,

while paragraph 156 states:

“That is the background against which, as we are satisfied, the promoter has made determined and realistic efforts to reduce the numbers of HGV movements on the roads of Ickenham. The promoter’s original estimate was of 1,860 two-way HGV movements a day. That has been progressively improved, first to 1,460, then to 1,060, and finally to 550 two-way HGV movements a day. That last figure appears in the assurance (in terms of “reasonable endeavours”) embodied in clause 7 of the draft contract giving effect to the agreement mentioned in paragraph 150 above. It is expressed as a limit of 550 HGV movements a day at Swakeleys Roundabout and, as a separate undertaking, a reduction (“so far as reasonably practicable”) in the number of HGVs using the roundabout at peak morning and evening hours on weekdays”.

The committee goes on to say:

“This remarkable improvement in the target, although obviously welcome, has been criticised by some petitioners as having emerged only at a late stage, after much uncertainty, and as still having an element of contingency”.

I have no doubt that it was not only as a result of the representations made but from the questioning and the interest taken in it by the committee, which were probably quite significant factors in getting the numbers down.

I use this simply as an example for the question that I want to raise. If, for example, residents in the area—it could apply to any area—where commitments have been given have suspicions that rather more than 550 HGV movements are taking place, I would be grateful if the Minister could set out what redress those residents would have in that context. They have made representations and obviously have had help from the committee, but what happens if, when the work starts, they subsequently feel that the commitments are not being adhered to? What redress can those residents take, or what could they seek to obtain?

[Baroness Buscombe]

My Lords, I am grateful to all noble Lords who have spoken to these amendments in the names of the noble Lords, Lord Berkeley and Lord Stevenson of Balmacara, and my noble friend Lady Pidding. The Government share the concerns that noble Lords have highlighted through the tabling of this amendment, and I fully acknowledge the importance of residents and businesses along the route knowing they can seek fair and independent resolution of complaints, if necessary—the word “independent” has come up several times, as it is important.

I will immediately address points made by the noble Lord, Lord Stevenson. I hope that he will recognise, as indeed he said in his speech this afternoon, that the Minister addressed a number of the issues that the noble Lord raised this afternoon during our first day in Committee on Tuesday. However, I shall quickly reference a couple of things he talked about. One is with regard to engagement on wider issues. While he is correct that the Select Committee focuses on private interests, there has been frequent consultation on the scheme at a detailed level, even as it evolved and changed through additional provisions. Consultation responses, which numbered nearly 23,000, were analysed and reported on by an independent assessor appointed by Parliament. Six reports are available in the House Library for the noble Lord to consider. In addition, the noble Lord referenced property bonds, which I shall refer to. I hope he will be reassured by the fact that we will review the full suite of HS2 discretionary compensation schemes later this year, and as part of that, I can confirm that we will consider arguments with regard to a property bond option.

I acknowledge several helpful interventions made by the noble Lord, Lord Young of Norwood Green, and my noble friend Lady O’Cathain, in amplifying, illustrating and helping us through this process by referencing so much that took place during that whole process when they sat on that Select Committee. We must be mindful of the enormous amount of work that they achieved and of course the considerable care they took to ensure that people were genuinely listened to.

The Government want to reassure noble Lords that these amendments are unnecessary, as we are already putting in place comprehensive measures to address these concerns in the guise of a construction commissioner. The construction commissioner will fulfil the requirements that noble Lords are seeking in their proposed amendments, and more besides. The commissioner will mediate in unresolved disputes between the project and individuals or bodies relating to the construction of HS2 and will be able to receive and deal with complaints about the construction of the railway on an independent and impartial basis. Furthermore, the commissioner will have a role on advising on actions the nominated undertaker and contractors can take to reduce the number of complaints they receive. The commissioner will also have a particular role in determining complaints which are made under the small claims scheme—this point makes immediate reference to the question raised by the noble Lord, Lord Rosser—which provides a simple and informal basis to recover losses up to £10,000 for each individual claim.

The construction commissioner will be independent of the Secretary of State and any nominated undertaker appointed to construct the proposed scheme. We have already appointed an interim construction commissioner, Mr Gareth Epps. A permanent appointment—to reassure my noble friend Lady Pidding—will be made following Royal Assent, when the Secretary of State will establish an independent body to appoint the construction commissioner and determine its precise terms of reference, including its regular reporting requirements. The independent body will be made up of a range of stakeholders, including representatives of local authorities affected by HS2 phase one. The commitment to appoint a construction commissioner is a binding one, made to Parliament and recorded in the register of undertakings and assurances. Given that we are already addressing this issue, I hope that noble Lords will accept that legislation is unnecessary and not press this proposed new clause.

With respect to the issue of an independent adjudicator, I note that this amendment was previously tabled during the Public Bill Committee in another place. I am not convinced on the need for an HS2 adjudicator. There are already extensive checks and balances built into the Bill, based on the regime adopted by Crossrail and the Channel Tunnel Rail Link. The regime has proved effective for those projects and we see no reason why it would not be effective for this project. This issue was raised before your Lordships’ Select Committee, which also saw no need to impose such a role. I do not believe that this Committee should either.

This amendment, as well as being unnecessary, is unwelcome, as it would effectively create a quango with all the unnecessary cost and bureaucracy that this would entail. I cannot resist citing the noble Lord, Lord Berkeley, who, at the beginning of this afternoon’s Committee, said on his second amendment that he is not in favour of creating an enormous bureaucratic nightmare. These amendments would create just that.

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[Lord Rosser]

In part, the amendment moved by my noble friend Lord Stevenson of Balmacara, relates to an issue I have asked about previously, which is also contained in the Select Committee’s report on page 97, on permanent or temporary land take. Certainly, the Country Land and Business Association, for example, believes that HS2 is seeking powers to take land permanently which it needs only temporarily, and that this is leading to a highly unsatisfactory situation. I would be grateful if the Minister can reconfirm what I believe he has already said, that when the Government come to respond to the Select Committee’s report, they will address what the Select Committee had to say on the issue of permanent or temporary land take, on pages 97 to 99 of that report. It may well be that, in the light of what the Government have to say, an amendment on this issue will need to be pursued on Report. Therefore, I want that assurance that those paragraphs which the Select Committee included on permanent or temporary land take will be commented on in the Government’s reply.

I appreciate that I am stretching things a bit in raising this, but the noble Baroness, Lady O’Cathain, asked a question earlier about the moving of the portals of the tunnel at Euston. I too have had an email which said that there is a suggestion that staff at HS2 Ltd have indicated that consideration is being given to moving the portals of the tunnel from which the proposed high speed line will emerge to the west of Euston station, about one kilometre nearer to the station. Can the Minister say whether that is correct and whether consideration is being given to this?

[Lord Berkeley]

To add to that, I have also heard that same rumour from some of the local residents. It is particularly unfortunate if we hear stories like that from residents and we cannot get the answer from Ministers, so I am sure that the Minister will do his best to respond.

On the compulsory purchase and compensation side, I have heard allegations that some of the land subject to compulsory purchase in the Old Oak Common area will be allocated or transferred to a separate company—many of the directors of HS2 seem also to be on its board—and then used for, shall we say, non-railway purposes. Surely compulsory purchase for railway schemes is designed for railway purposes, but if this is to be used for other purposes, it begs a lot of questions as to whether that is an appropriate methodology. If the Minister cannot answer that this afternoon, I am sure he could write to me, if that will be possible.