High Speed Rail (London – West Midlands) Bill: Instruction (No. 3)

Michael Fabricant Excerpts

Tuesday 23rd June 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Mr Robert Goodwill)]

I beg to move,

That it be a further Instruction to the Select Committee to which the High Speed Rail (London - West Midlands) Bill is committed–

(1) that the Select Committee have power to consider–

(a) amendments relating to the vertical and horizontal alignment of the proposed railway in the vicinity of the A38 and Trent and Mersey Canal in the parishes of Fradley and Streethay, King's Bromley and Whittington in the County of Staffordshire;

(b) amendments conferring additional power to carry out works in the Borough of Slough and in the parish of Iver in the County of Buckinghamshire for the purpose of providing a new Heathrow Express depot in the Borough of Slough (to the north east of Langley railway station), in consequence of the displacement of the existing depot because of the exercise of powers conferred by the Bill;

(c) amendments conferring additional power to provide sidings for Crossrail services at Old Oak Common in the London Boroughs of Ealing and Hammersmith and Fulham that could be extended in the future to create a connection between the West Coast Main Line Railway and the Great Western Main Line;

(d) amendments to accommodate the requirements of landowners and occupiers in

i. the London Boroughs of Brent and Ealing;

ii. the parishes of Barton Hartshorn, Calvert Green, Chetwode, Great Missenden, Grendon Underwood, Little Missenden, Preston Bissett, The Lee and Twyford in the County of Buckinghamshire;

iii. the parishes of Godington and Mixbury in the County of Oxfordshire;

iv. the parishes of Aston-le-Walls, Boddington, Chipping Warden and Edgcote, Greatworth, Radstone, Thorpe Mandeville and Whitfield in the County of Northamptonshire;

v. the parishes of Burton Green, Coleshill, Curdworth, Kenilworth, Ladbroke, Lea Marston, Middleton, Offchurch, Southam, Stoneleigh, Stoneton, Wishaw and Moxhull and Wormleighton in the County of Warwickshire;

vi. the parishes of Armitage with Handsacre, Drayton Bassett, Hints with Canwell, King's Bromley, Swinfen and Packington and Whittington in the County of Staffordshire;

vii. the parishes of Balsall, Berkswell, Chelmsley Wood and Hampton-in-Arden in the Metropolitan Borough of Solihull; and

viii. the City of Birmingham;

(e) amendments to accommodate changes to the design of the works authorised by the Bill in:

i. the London Boroughs of Ealing, Hammersmith and Fulham and Hillingdon and the Royal Borough of Kensington & Chelsea;

ii. the District of Three Rivers in the County of Hertfordshire;

iii. the parishes of Chetwode, Denham, Ellesborough, Great Missenden, Grendon Underwood, Little Missenden, Preston Bissett, Quainton, Steeple Claydon, Stoke Mandeville, Turweston, Twyford and Wendover in the County of Buckinghamshire;

iv. the parishes of Godington and Mixbury in the County of Oxfordshire;

v. the parishes of Aston-le-Walls, Boddington, Greatworth, Marston St Lawrence, Radstone and Thorpe Mandeville in the County of Northamptonshire;

vi. the parishes of Coleshill, Curdworth, Kingsbury, Lea Marston, Middleton, Offchurch, Radbourne and Stoneleigh in the County of Warwickshire;

vii. the parishes of Colwich, Drayton Bassett, Fradley and Streethay, Hints with Canwell, King's Bromley, Swinfen and Packington and Weeford in the County of Staffordshire;

viii. the parishes of Berkswell and Bickenhill in the Metropolitan Borough of Solihull;

ix. the City of Birmingham;

(f) amendments to the definition of "deposited statement" in clause 63(1) of the Bill to refer to supplementary environmental information provided in relation to matters which do not require an extension of the powers of the Bill to construct works or acquire land;

(g) amendments for purposes connected with any of the matters mentioned in sub paragraphs (a) to (f);

(2) that any petition against amendments to the Bill which the Select Committee is empowered to make shall be referred to the Select Committee if–

a) the petition is presented by being deposited in the Private Bill Office not later than the end of the period of four weeks beginning with the day on which the first newspaper notice of the amendments was published, and

(b) the petition is one in which the petitioners pray to be heard by themselves or through counsel or agents.

That these Orders be Standing Orders of the House.

The motion relates to the High Speed Rail (London – West Midlands) Bill that is currently before a Select Committee of this House. The role of that Committee is to hear petitions against the Bill from those who are, to use the legal term, “directly and specially affected” by it. The Committee, under the chairmanship of my hon. Friend the Member for Poole (Mr Syms), has already heard more petitions in 11 months than the Crossrail Bill Select Committee dealt with in its entire 21 months of sitting.

[Michael Fabricant (Lichfield) (Con)]

But does this not demonstrate the rather crass way in which HS2 initially dealt with our constituents? I should like to praise the work of my hon. Friend the Member for Poole (Mr Syms). He has a unique ability to put constituents’ minds at ease when they feel tense as they appear before a Select Committee.

[Mr Goodwill]

I would extend that praise to the other members of the Committee, who have dealt very well with people who can be nervous in that situation. I should also like to take this opportunity to praise the work done by my officials at HS2, who have gone the extra mile to address some of the petition issues before they even needed to reach the Committee.

As intended, the process has led to many sensible changes to the scheme in order to address the needs and concerns of petitioners. Some of the changes have been agreed by HS2 Ltd dealing directly with petitioners, and some were recommended in the Select Committee’s recent interim report, to which the Government responded on 4 June. Many changes can be accommodated using existing powers, but some require the powers in the Bill to be extended—for example, when a change requires the use of land that is not included in the Bill. In such circumstances, an additional provision is required. This is effectively a mini-hybrid Bill, with its own environmental statement and petitioning period for those “directly and specially affected” by the changes.

The motion relates to an additional provision that, subject to it being passed, the Government intend to deposit on 13 July. The additional provision contains 125 changes, along the line of route beyond Camden, that have resulted from the petitioning process and from HS2 Ltd’s continued development of the design of the railway. The changes are mostly of a minor nature. They include the realignment of access routes and the diversion of footpaths following discussions with affected landowners, or the relocation of areas of ecological mitigation to reduce the impacts on farming operations. I am tempted to say that this is a tidying-up process, but I recall that that was how some described the Lisbon treaty.

There are, however, proposals for three significant changes. As already announced, we propose to realign the route in the Lichfield area so that it runs in a cutting rather than on an embankment, as well as moving the route away from the Trent and Mersey canal. This will enable the line to go under the A38, the South Staffordshire railway and the west coast main line, which will significantly reduce the visual impact of the railway in the area. I hope the House will welcome this example of the promoter seeking to take on board petitioners’ concerns and integrate them into the HS2 project where we are able to do so. I am particularly pleased that, in this case, the solution will be less expensive to deliver.

--- Later in debate ---

[Mr Goodwill]

I do not have those figures to hand, but it is minimal. In most of the additional provisions, which are in the document that has been provided for the convenience of the House, we can see that these are quite small additional areas of land. They are not major changes to the project, but tweaks. In many cases, they are changes made at the request of the landowner or farmer involved because it improves their situation.

As required by Standing Orders, we will be depositing an estimated expense, setting out the gross costs of these changes should the motion be approved. The motion instructs the Committee to consider these amendments and to hear petitions related to them. It is important to note that the motion does not ask the House to agree that these changes should be made; just that the Committee be allowed to consider them. If the House approves the motion, the additional provision and related documents, including an environmental statement describing the likely significant environmental effects of the changes, will be deposited in Parliament and in local authority offices in those locations affected by the changes.

[Michael Fabricant]

I am a little bit curious about the process. What is to prevent a ping-pong taking place, such as we have between the House of Commons and the other place, whereby petitioners say that they do not agree with the changes, and so subsequent changes are made? How does the process end?

[Mr Goodwill]

In most cases, there will be support for these changes. Indeed, as I have already said, many of the changes are at the request of the landowners who are, in many cases, the only people who are affected. In future, it may be necessary to come up with more additional provisions, and we certainly have that option.

--- Later in debate ---

[Lilian Greenwood]

My hon. Friend is right to highlight the importance of the Committee’s going to visit those places most affected by the route and listening to the concerns expressed.

I know that the constituencies of several Members on both sides of the House are affected by these changes, and they will want to press the Minister on matters of detail, so I shall keep my remarks brief.

The Opposition support HS2 because we believe that it is the right project to address chronic capacity shortfalls on the rail network as well as historically inadequate connections between the cities of the north and the midlands. Those arguments were covered in detail in the House, not least on Second Reading, when the House endorsed the principle of building an initial route between London and Birmingham, so I do not propose to repeat them here. However, I will say that, although HS2 has provoked passionate debate, both sides have always accepted that the project’s design could be improved as the route is refined.

Many of these revisions are undoubtedly positive, and the campaigners who secured changes, such as the reconfiguration of the route at the point it crosses the A38, deserve great credit. That is why the Opposition will not seek to obstruct this motion. Those changes will reduce planning blight for petitioners and provide some measure of certainty to many of those who live along the route. However, I know that a number of right hon. and hon. Members have concerns about these changes, including the relocation of the Heathrow Express depot, and I will make way for them shortly. Before doing so, I would like to put a few questions to the Minister.

I welcome the Minister’s clarification of when the petitioning period will end, but can he say why the information was not included in the Department’s press release, where arguably it would have been seen by more people? Does he accept that the maps published in his explanatory information document do not provide clear information on a number of issues that might be of interest to residents, such as the elevation of new structures or the net land-take of those changes? Will he give an undertaking that any petitioners or Members of the House who request that information will receive it?

As the Minister will be aware, the Bill’s Select Committee has said:

“We have heard that HS2 Limited’s record on engagement has been poor.”

The Department has said that HS2 Ltd is being more timely in its dealings with petitioners who are due to appear before the Committee in June and July. Can he assure the House that that is not simply a case of officials catching up during Dissolution and that engagement between HS2 Ltd and petitioners will be improved permanently? That is of particular concern to those areas at the southern end of the route. In that regard, can he confirm that he expects to bring forward additional provision to cover Euston station later this year? Can he indicate when exactly those changes will be brought forward?

[Michael Fabricant]

The hon. Lady will recall that the former Member for Holborn and St Pancras, who was a doughty campaigner against HS2, had particular concerns about Euston. Has she given any consideration to the Mayor of London’s comment that, even if the changes can be made at Euston, it will be extremely difficult to get people on to London transport—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. I think that I might be able to help. This motion does not relate to Euston, so we do not need to go into that now.

--- Later in debate ---

[Michael Fabricant (Lichfield) (Con)]

When the debate began, a colleague whispered in my ear, “Oh, so you’ve been bought off then.” I can tell the House that I have not. I believe that the route is profoundly wrong for the reasons given in my amendment on Second Reading of the original Bill. For example, it does not even connect directly with the channel tunnel. However, I welcome the orders as the changes being made in this document mean that in Lichfield we will not have the blight or damage to the environment that we would otherwise have had. The original proposal was for a flyover, some 120 feet high, soaring over the plains of the Lichfield Trent Valley. It would have been visible from Lichfield Cathedral; it would probably have been visible from my house in the close of Lichfield Cathedral, although I am not declaring an interest. However, at last we have seen sense.

I have to give credit not only to the Committee, as I and others did earlier, but to Staffordshire County Council, Lichfield District Council and individuals who petitioned about this issue. I pay particular tribute to a local farmer whose son demonstrated to the Committee the height of the flyover by getting a drone with flags attached to it running to and fro. I was slightly worried that an Exocet missile or something would shoot it out of the sky, but it demonstrated clearly to the Committee and to some people working for HS2, who accompanied the Committee when it came to Lichfield, the damage that the high viaduct would have done.

There are further changes, too. Those who know me well know that I am a keen narrow boater, and we have some beautiful canals in the Lichfield area. Originally, the HS2 route would have crossed the canals at two particularly beautiful points. Changes have been made there, too. Although, as the Minister said, the cost has been reduced by the making of those changes, I will nevertheless say that he did it because he knew it was the right thing to do, and it means that these canals are now going to be protected.

In short, I welcome the motion and I welcome, for once, the Minister, who is a good friend of mine, presenting it to the House. If it comes to a vote, I, for one, will be voting for it.