High Speed Rail (London-West Midlands) Bill

Lord Snape Excerpts

Report stage (Hansard): House of Lords
Tuesday 24th January 2017 Lords Chamber

[Lord Brabazon of Tara (Con)]

My Lords, I have one question. Perhaps it is for my noble friend the Minister or perhaps it is for the noble Lord, Lord Bradshaw. My understanding was that if Old Oak Common were to be used as the terminus for this railway, even in the interim, a completely different design would be required for Old Oak Common than is currently in the Bill. It would therefore require the Bill to be re-hybridised, and would put an almost endless delay on the whole thing.

[Lord Snape (Lab)]

My Lords, I find it somewhat bizarre that we should be discussing these particular amendments at this particular time. I find it even more bizarre that these amendments should be moved by the noble Lord, Lord Bradshaw, and my noble friend Lord Berkeley—both of whom are normally extremely supportive of railway matters. The effect of accepting either or both these amendments, as I am sure the Minister will tell us, would be to delay considerably the project as a whole. I am sure that that is not the noble Lord’s intention, but I hope he will agree with me that that would be the result. He shakes his head—he can come back to me on that in a moment.

I do not think that you could have a re-costing of a project this size and then say, “We will have Third Reading of the Bill in a week’s time, and that’s the end of it”. If the noble Lord, Lord Bradshaw, is saying that, he is an even bigger financial genius than I thought he was previously. The fact is that there would be further delay. It is seven years since my noble friend Lord Adonis, as a Minister in the last Government but one, came forward with the project—and here we are at the end of a seven-year period discussing two amendments that would, I would guess, have the effect if not of putting the project back another seven years then certainly putting it back for some considerable time.

As far as Old Oak Common is concerned, I say again to the noble Lord, Lord Bradshaw, that he has to answer the point put by the noble Lord, Lord Brabazon, a former Transport Minister. The fact is that Old Oak, as it presently is, is in no way suitable to be a main terminal. I do not mean to be facetious when I say that if you asked people coming to London where they were going to when they got there, comparatively few would say Old Oak. In Great Western days there was a steam engine shed there, I understand, so trainspotters might well have gone there 50 years ago—but I cannot see there being a great demand to terminate trains at Old Oak, no matter how good the connections will be.

The noble Lord, Lord Bradshaw, talked about developments at Euston. He has an amendment which I am sure we will be discussing later about access around Euston station, which is the natural terminus. He makes the very relevant point that, for example, on the TGV in France, high-speed trains stop short of the main terminus, which is the reason for the delays that quite often occur. It seems to me to be a much more sensible engineering prospect to run high-speed trains into the centre of a city rather than making them share crowded tracks with other trains, as they do in other countries. So perhaps on this occasion we got it right.

Finally, whatever estimates are made of these projects often turn out, in the long term, to be unrealistic. My noble friend talked about Crossrail. I was on the Crossrail Bill, and it was said at that time that the estimates for Crossrail were unrealistic—but they proved not to be so. With all due respect to my noble friend’s opinion, he is no better a financier than the noble Lord, Lord Bradshaw, as far as this project is concerned. So if the noble Lord presses this to a Division, I hope that those of us who want to see this project, after seven years, get the go-ahead will vote in the Not-Content Lobby.

[Baroness O'Cathain (Con)]

My Lords, I am disturbed that this amendment has come up because, first of all, we have no figures for people who would be very pleased to be dispersed—as the noble Lord, Lord Bradshaw, said—at Old Oak Common. Having been to Old Oak Common on one of our visits, I would not like to be lumbered with getting from Old Oak Common to anywhere in London; it just seems crazy. Secondly, the noble Lord, Lord Bradshaw, said that the forecasts were not up to date. He also cast aspersions on the people who did the forecasts. He said that the forecasts were prepared by people who were not capable and that they were flimsy. This is really too late in the project to make those sorts of comments.

The noble Lord, Lord Berkeley, said that he was interested in financial discipline; we are all interested in financial discipline. But not making any forecasts of the people who would be,

“dispersed from Old Oak Common”,

just does not make sense. It seems to me to be a delaying tactic, without actually getting the basis of proper forecasts of people who are going to use Old Oak Common. Coming from Birmingham to Old Oak Common? I ask: who would really want to?

[The Earl of Glasgow (LD)]

My Lords, I support the amendment of my noble friend Lord Bradshaw and the noble Lord, Lord Berkeley. This seems an eminently sensible suggestion. At the moment, people are trying to make out that this is an attempt to delay HS2; that is the last thing that I would like to do. The amendment would in fact allow it to go ahead. They are talking about a temporary terminal there, for possibly five years or maybe even less.

There are three very good reasons why this is a sensible idea. The first is that we have not yet decided how the route of HS2 will go from Old Oak Common into Euston. There are two or three different routes and I do not think we should be delayed any further on that. That can carry on after the Bill has already gone through. The second thing is what the noble Lord, Lord Berkeley, said. This is a way of cutting costs, if necessary. The five miles between Old Oak Common and Euston are almost certainly the most expensive five miles of the entire route. Therefore, if we can delay the building of that but still continue with the Bill and get the rest of HS2 on the move, so much the better.

The third reason that this is a good idea is that we will have to make a decision about something that is not part of the Bill at the moment. Some time in the future we will have to join HS2 to HS3. One way would be through Old Oak Common, where it can join the present HS1. It is going to be very difficult to make that join somewhere in Euston or St Pancras station. So the amendment is eminently sensible. It has nothing to do with delaying anything: it is very much the opposite. It makes it possible to start the building of HS2 almost immediately.

[Lord Snape]

Has the noble Earl read the amendments that he has just spoken to? Amendment 1 states:

“Construction work otherwise authorised by this Act may not begin until”.


That is, the works at Old Oak Common. Amendment 6, in the name of my noble friend Lord Berkeley, states:

“Cost estimate … The nominated undertaker must not commence any Phase One construction work until the Secretary of State has published”,


and so on. It goes on to talk about a review of the finances. That is not a couple of weeks’ delay; it is years. For the noble Earl to suggest anything different indicates to me that he has not actually read the amendments he supports.

[The Earl of Glasgow]

There is a huge amount of work to be done in building HS2 and we should be able to get on with that. If what the noble Lord is saying is correct, I may have misunderstood.

--- Later in debate ---

[Lord Young of Norwood Green]

No, I am not going to because I have just remembered that Peers are allowed only one contribution on an amendment.

[Lord Snape]

My Lords, I am not quite sure whether I can help the noble Baroness. I asked the same question about a mined tunnel in Committee and the noble Viscount, Lord Astor, explained it all to me. The problem is that I have forgotten the explanation. It sounded very plausible at the time. I am sure if the noble Baroness consults her noble friend she will get all the details of what should be done.

I listened to the noble Baroness who spoke earlier from the Conservative Benches. She made a fleeting appearance in Committee and said pretty much the same thing; I hope she will forgive me for saying so. I do not think emotive language about a two-track railway destroying the countryside takes this House or this debate any further forward. What did she say: “Just another 8.7 kilometres of tunnel”? That is in addition to the 47 kilometres of tunnel out of the 210 kilometres of the high-speed railway line. This is expensive lunacy in my view. I make a plea again on behalf of those who travel by train. People do not travel by train to gaze at a tunnel wall. Some of the semi-hysterical comments—I exempt my noble friend Lord Stevenson, he will be relieved to know—about the damage that the railway line will do to the Chilterns are just that, sheer hysteria. They were all made 30 years ago at the time of High Speed 1 across Kent, and none of it proved true then. Indeed, the economy of Kent has benefited enormously from High Speed 1.

The secondary point—the great unmentionable in this debate on the demand for tunnels—is of course that some people making these points about additional tunnelling do so on the grounds that there is no benefit from high-speed rail passing through the Chilterns to those who live there because there are not any stations. Well, there may be at some time in the future, as we have heard. Again, I exempt my noble friend from that; he is my Whip and I had better tread carefully. Once you get out of London, the M40 passes through the Chilterns without a mile of tunnel. Has that motorway destroyed that part of the world? I do not think it has. My noble friend nods his head but I do not think most people agree. Mind you, of course many of them use the M40 and that they are not going to be able to use the train is behind a great deal of the opposition, in my view. I hope that the Minister resists temptation. Whether it is cheaper to build a mined tunnel or go ahead with the existing proposals, as the Select Committee recommended, I know not. Nobody could have worked harder than the committee to look at those objections. I think there is quite sufficient tunnelling already so far as this high-speed railway is concerned, much of it expensive and unnecessary.

[Lord Grocott (Lab)]

Will my noble friend answer a question that I feel I should know the answer to? How much has all the additional tunnelling that has come on as a result of the various stages of this Bill added to the cost of HS2? I have a slight suspicion that there may be the odd person—I am sure no one in this House—who has demanded a tunnel, for whatever reason, and then complains about the overall cost of the railway once the tunnelling has been accommodated.

[Lord Snape]

I am sure that the Minister, who is listening, will be able to give my noble friend a detailed answer to that question. We see with this project, as we have seen with others, that many of those against the project as a whole for reasons including its cost are the first to demand special provision in their part of the world, regardless of the additional cost. I hope the Minister will resist temptation, as 47 kilometres out of 210 is—I repeat—quite enough for me. Whether or not I will be around in 2026, who knows, but I will do my best and I wish the same to other noble Lords on both sides of the House. I think we deserve better than an extended view of a tunnel wall. Let us see this glorious countryside, that we hear so much defence of in the context of this Bill—mistakenly in my view.

--- Later in debate ---

Moved by

[Lord Snape]

12: After Clause 62, insert the following new Clause—
“Protected species
The nominated undertaker has a duty to take reasonable and cost effective steps to deal appropriately with protected species.”

[Lord Snape]

My Lords, I was moved to put down this amendment by a report that appeared in the Times on Saturday 14 January, an extract of which I will read in a moment. The proposed new clause says:

“The nominated undertaker has a duty to take reasonable and cost effective steps to deal appropriately with protected species”.


My concern is as much with the reasonable steps as it is with the protected species. The article in the Times, under the by-line of Mr Ben Webster, the environment editor, says:

“The biggest badger relocation project yet attempted is about to get under way along the route of HS2, the high-speed rail line. More than a thousand badgers in a hundred local populations will be affected by phase one of the line, from London to Birmingham. They will either be moved to new artificial setts or protected from the impact of the line by tunnels dug beneath it. The multimillion-pound publicly funded operation comes weeks after the government said that 11,000 badgers were shot last year to protect cattle from tuberculosis”.


My first question is whether the Minister can guarantee that saving badgers from the shovels and bulldozers of the high-speed train will not risk them falling under the guns of the Department for Environment, Food and Rural Affairs—that would be an odd way to spend millions of pounds. After all, I understand that licences have already been granted to cull badgers in no fewer than 10 areas in Cornwall, Devon, Dorset, Gloucestershire, Herefordshire and Somerset. Can the Minister assure us that none of these displaced badgers will be moved to these areas where they will be gunned down by another department? That would not be the best example of joined-up government I have ever seen.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, I always say that your Lordships’ House serves as a great place of education. I praise the way in which the noble Lord, Lord Snape, introduced his amendment. As we come to the conclusion of our deliberations on Report, it is much appreciated and I commend his style. I turn to the specifics of the amendment. As many noble Lords will be aware, the environmental statement for the Bill ran to some 50,000 pages and exhaustively examined all potential impacts from the Bill scheme and provides the necessary mitigations, including, of course, for protected species.

The noble Lord, Lord Snape, mentioned specific protected species that could potentially be affected by phase 1 of HS2 and these include a number of bat species—I do not have immediately to hand information about the specific type of bat that has been found and the associated costs but I will write to the noble Lord, Lord Berkeley on that. The protections also cover otters, badgers, barn owls, not forgetting the notorious great crested newts. I am not going to claim to have seen one, but I assure the noble Lord that I will attempt to do so before Third Reading. On a more serious note, it is important that species are protected. The noble Lord mentioned the badger cull and asked for an absolute assurance. As a Minister responsible for steering the Bill through your Lordships’ House, I can assure the noble Lord and all concerned that the badgers moved for HS2 are intended to be moved only a short distance. None of them will be moved to the cull areas which the noble Lord listed. I have just had an update on the bat issue.

[Lord Snape]

Before we move on to bats, could the Minister elaborate on enticing the badgers from their present lairs? How is it to be done?

[Lord Ahmad of Wimbledon]

I will write to the noble Lord on that, if I may. Perhaps it will serve as an education for all of us. As I said, I have an update on the bats: I feel a bit like breaking news. I have been assured that there is no breed of bat on the line that has never been discovered before. However, there are a number of rare bat colonies near the line of the route and the mitigation measures that have been created include bat bridges. I expect the next question will be: do I know what a bat bridge looks like?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

These are merely mitigation measures. It cannot be the Department for Transport’s responsibility, once we have constructed the bat bridges, to ensure that all bats use them, rather than fly. We leave that matter to the freedom and liberty of the bats themselves. It is important that mitigation measures are in place for all the different habitats. For all potential impacts, we are proposing extensive mitigation measures, including creation of alternative habitats to link isolated areas of existing habitat and the provision of underpasses or green bridges to help maintain movement of species in the landscape.

We deem the amendment unnecessary due to the significant statutory provisions which I am sure the noble Lord is aware are already in place for protected species. We will, of course, need to comply with these during the construction and operation of HS2. These include the Wildlife and Countryside Act 1981, the Conservation of Habitats and Species Regulations 2010, the Countryside and Rights of Way Act 2000 and the Protection of Badgers Act 1992. The requirement to comply with this legislation is built in to the HS2 code of construction practice and the project will need to obtain a licence from Natural England for any occasion at which there is a plan to disturb or remove wildlife or damage existing habitats. We have had a very educational—and for me personally an enlightening —debate on this amendment. I hope the noble Lord is reassured by our commitments in these areas and that, on that basis, he is minded to withdraw the amendment.

[Lord Snape]

I thank the Minister for his comprehensive reply, but I warn him that I might well return to this subject at Third Reading, if only to ask: if bats can fly, why do they need bridges? If we have bat bridges, why not starling bridges or sparrow bridges? Surely there is some discrimination involved if the bats are being singled out in this way. Nobody could ask for more than the Minister promising to find out exactly what a great crested newt looks like. We are all familiar with colonies of them appearing as soon as there is a major project, but nobody has ever seen one. Given the comprehensive reply from the Minister, I beg leave to withdraw the amendment.

Amendment 12 withdrawn.