High Speed Rail (West Midlands - Crewe) Bill

Nusrat Ghani Excerpts

2nd reading: House of Commons & Allocation of time motion: House of Commons & Carry-over motion: House of Commons & Money resolution: House of Commons & 2nd reading & Allocation of time motion & Carry-over motion & Money resolution
Tuesday 30th January 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)]

It is with great pleasure that I close the Second Reading debate. This is my first Bill, so there is no pressure; I will try to do it some justice.

HS2 presents a huge opportunity for the country as a whole. It is a major undertaking but an essential one. Throughout history, improving connectivity has led to innovation, economic advancement and increased productivity. HS2 is no different. This project is a significant long-term capital investment in the country’s infrastructure. It will deliver substantial economic growth and returns, creating the wealth we need to spend on all our priorities, whether those are health or education programmes.

We are ambitious for our country. My hon. Friend the Member for Redditch (Rachel Maclean) spoke about productivity, being ambitious and ensuring that we train engineers for the future. We are ambitious for all of our country and determined to leave no one behind. HS2 is what the Government are all about, as it will enable future generations to thrive.

HS2 is a significant investment, but it is also a necessary one, and it is important that we get it right. With that in mind, I would like to thank all right hon. and hon. Members for their contributions. There were 21 contributions in all, and I will do my best to respond to all of them.

HS2 has the potential to transform our rail network. As a brand-new line, it is the best option for creating more space on our busy railways. By freeing up space on the west coast main line between the west midlands and Crewe, phase 2a has the potential to deliver much-needed additional capacity on a constrained part of our network—reducing overcrowding and making journeys more reliable, creating the opportunity for more varied and frequent services across the region, and benefiting Nuneaton, Tamworth, Lichfield and Rugeley.

The benefits will spread well beyond the railway itself. Faster and easier travel will put more opportunities within reach of millions of people. HS2 will connect people to jobs, and businesses to suppliers. It will bring new investment, employment and regeneration to towns and cities up and down the country. HS2 has the potential to support hundreds of thousands of jobs, including 2,000 apprentices. Most importantly—this was mentioned by many Members—70% of jobs created by HS2 will be outside London. It will help to train a new generation of skilled workers, including through the National College for High Speed Rail.

Many Members—such as the hon. Member for Liverpool, Riverside (Mrs Ellman), my hon. Friend the Member for Redditch and the hon. Member for Birmingham, Edgbaston (Preet Kaur Gill)—spoke about investment in the north. The north of England, in particular, stands to benefit from HS2. This part of the route, between Birmingham and Crewe, has been brought forward by six years so that we can deliver more of the benefits of HS2 more quickly.

We want to transform journeys for passengers and create the capacity the north needs to flourish, and delivering HS2 is an essential part of that. We are already carrying out the biggest investment in the north of England for a generation, spending £13 billion on northern transport, which is the largest such amount in Government history. This is not about the north against the south. Investing in our rail network is a key part of the Government’s plan for a connected Britain, and we are committed to improving journeys for passengers throughout the country.

HS2 will bring benefits to cities across the north before the construction of phase 2. Phase 1 will reduce journey times towards, for example, Manchester, Liverpool and Glasgow, and will release capacity between Birmingham and London. By shifting long-distance services on to the brand-new railway, HS2 will release capacity on existing routes and provide options for new or additional local, cross-country, commuter and freight services in many areas.

Phase 2a, between the west midlands and Crewe, will further improve journey times and bring more benefits to the north. HS2 is a key component in the delivery of Northern Powerhouse Rail, our vision for significantly improving journey times and service frequency between major cities in the north of England. This is why we have announced £300 million of funding to future-proof HS2 to accommodate future junctions. With Transport for the North and Midlands Connect, we are developing a clear set of proposals for connections that would allow Northern Powerhouse Rail and Midland Connect services to use HS2.

Several Members have spoken about Crewe and Stoke, and I hope to be able to respond to some of their questions. The HS2 business case has always included a plan to run high-speed train services to Crewe, but I know there is a strong ambition to achieve even more. I visited Crewe just last week, and I was impressed by the enthusiasm and commitment of Cheshire East Council and the Constellation Partnership to make the most of the opportunities that HS2 will bring, including jobs and homes.

I agree with the hon. Member for Crewe and Nantwich (Laura Smith) that a Crewe hub would generate significant opportunities not only for Crewe itself, but for the surrounding region. My hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) spoke very clearly in support of Stoke being served by HS2. As the Secretary of State set out in his opening speech, we are very clear about the important economic role that Stoke-on-Trent plays in the wider region, and we want it to be served by HS2.

[Gareth Snell]

Under the current plans, Stoke will be served by just one HS2 train an hour. Will the Minister consider upping that to two an hour to generate the economic benefit she has just committed herself to?

[Ms Ghani]

We are a long way from the timetables, but if the hon. Gentleman will let me continue for a moment, I will talk about how and when we will respond to the consultation undertaken on this very section.

We are looking at what would be needed for phase 2a to support a future Crewe hub, but as the hon. Member for Crewe and Nantwich is aware, Crewe is a strategically important location on the rail network and the existing infrastructure is very complex. In our plans for HS2, we must ensure that we get things right. That is why last year we launched a consultation to look at whether we can provide an even better service to Crewe—one that could serve more destinations and allow more trains to stop. We are considering the responses, and will respond shortly. Realising the full vision would need the local council to work with us on funding, and my Department is working closely with Cheshire East on this. Some elements could be taken forward by Network Rail, under its existing permitted development rights, and we understand the whole-hub vision would require a junction north of Crewe back on to HS2, but that has to be a decision for phase 2b, as we will not build the relevant part of the HS2 line north of Crewe in phase 2a.

[Laura Smith]

I am wondering whether we can get some clarity as to when we will get the answer to this consultation —not a “You will get it in due course” answer. We would quite like to know when that will be.

[Ms Ghani]

We are working through the details. We will try and do it as quickly as we can, but it will be shortly—this year. I am sorry; I cannot provide more details now, but I will write to the hon. Member and let her know. This is very complicated and cannot be rushed. We need to make the decisions for the right reasons.

[Dame Cheryl Gillan]

I welcome the passion with which the Minister is approaching her brief, but may I bring her back down to reality? The constituent I mentioned in my speech, who has been so badly affected by HS2 phase 1 and so badly let down by HS2 Ltd, which is not paying the bills it promised, and is contracted, to pay, is now on antidepressants and fears that this sort of thing is happening to many other people up and down the line. Could the Minister put some of her passion for the project into protecting the people who are so badly affected by the project?

[Ms Ghani]

My right hon. Friend has raised many issues about HS2 Ltd, its relationship with our constituents and its poor performance in communication previously, with the Secretary of State and with Ministers who have held my current position. I will indeed endeavour to hold HS2 Ltd to account. I am more than happy to take on board any cases that my right hon. Friend wishes to present to me, and I am grateful for her words in opening her speech. I will do my best to outlive previous Ministers in this position.

To turn to the hon. Member for City of Chester (Christian Matheson), the consultation on the Crewe hub that we published last year included service pattern options that will reap benefits for Chester, north and south Wales, Shrewsbury and the wider region. As I mentioned, we expect to respond to that consultation shortly.

[Sir William Cash]

I think I can say this on behalf of all those who are liable to petition in Staffordshire, thus representing several constituencies here: will the Minister do everything possible to help those petitioners to present their case, and show maximum understanding of what is affecting them, right the way through from one end of Staffordshire to the other?

[Ms Ghani]

My hon. Friend has been a great champion for his constituents and has made his concerns known to me, the Secretary of State and previous Ministers. The Committee is the best place for him to represent his constituents and encourage them to petition the Committee.

My right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan) raised an incident in Colne Valley. I expect HS2 Ltd and any contractors to treat everyone with respect. The reported behaviour that she mentioned is completely unacceptable and falls well below the standard that I would expect. I am happy to take up the case on her behalf.

The My hon. Friend the Member for Lichfield (Michael Fabricant) gave a very passionate speech, which I believe is now trending on YouTube, with his walk back and forth in the Chamber. I am not quite convinced about his journey times within Birmingham, and as a proud Brummie I would not mind spending eight or 22 minutes walking around Birmingham as I think it is a great place to be, but HS2 is connected to existing rail stations up and down the network, including Euston, Manchester, Crewe, Leeds and Sheffield.

My hon. Friend the Member for Erewash (Maggie Throup) raised a number of concerns. I know that she has spoken repeatedly to me, my predecessor and the Secretary of State, and that too she is a strong champion for her constituents. On Long Eaton, HS2 Ltd has had meetings with my hon. Friend, valuation agents and residents to try to progress this issue. HS2 Ltd is mindful that there are elderly and vulnerable residents involved, and these cases are getting very senior attention within HS2 Ltd to try to find a resolution. I do not doubt that my hon. Friend will continue to work with me to ensure that her constituents are satisfied with the responses that they get from HS2 Ltd.

Let me turn to the points raised by my hon. Friend the Member for Lichfield and others about ancient woodland. Of course, ancient woodland is irreplaceable, and although we cannot fully compensate for all impacts, we have committed to use best practice measures, such as enhancing links between woodland, reusing ancient woodland soils and creating new mixed deciduous woodland. More than 75 hectares of new woodland will be planted along the phase 2a scheme to partially compensate for the loss of 10.5 hectares of ancient woodland. It is unfortunate, but we are doing our very best to compensate for the woodland that is being taken.

I am unable to respond to many other Members’ comments, and I will endeavour to write to them all, but I want quickly to move on to the question of engagement. Many Members mentioned that HS2 Ltd has fallen short of expectations as to how it should communicate with Members as well as their constituents. I expect HS2 Ltd to reach extremely high standards in all its engagement activities, and I say to the House that I am sorry if in any of these cases the level of engagement has fallen short. I encourage any Members with particular concerns to meet me to discuss them. I will listen, and I will endeavour to hold HS2 Ltd to account. As a project, we will continue to learn and improve.

There have been a number of conversations about the cost of the project. To clarify, the 2015 spending review reconfirmed the Government’s commitment to HS2 and set a long-term funding envelope of £55.7 billion. The Government are determined, and are on course, to deliver HS2 within this. HS2 is a major investment but a necessary one. For every £1 of investment, it will deliver more than £2 of benefits. That is more than £92 billion of benefits to this country before we even talk about the 100,000 jobs, 70% of which are outside London.

I fear that I have run out of time, so I must come to a close. We have made the case for HS2 and we now need to get on and build it. This country invented the railways, and we should be proud of our Victorian pioneers, but we cannot continue to rely on the network that they built. Around the world, our global competitors are already investing heavily in high-speed rail. We are now catching up, and I do not want us to be part of a generation that sits back while others move forward. I was touched by what my right hon. Friend the Member for Derbyshire Dales (Sir Patrick McLoughlin) said: when trains were first offered from Birmingham to London, people said that canals were adequate. Let us not be that generation.

Let us make no mistake: this country can deliver major infrastructure projects, and we should have confidence that we can deliver HS2. We have already delivered the 2012 Olympics and Crossrail—two examples of what we can achieve when we are ambitious, believe in our ability as a nation to get big infrastructure projects done, and commit to investing in our country and in our future. This Government have a vision for a stronger, fairer country within an economy that works for everyone. Infrastructure is at the heart of our industrial strategy and that for the north—for a modern country with a modern transport infrastructure to match. HS2 will play a vital role in this. I therefore commend this Bill, my first Bill, to the House.

High Speed Rail (West Midlands - Crewe) Bill (First sitting)

Nusrat Ghani Excerpts

Committee stage & Committee Debate: 1st sitting: House of Commons
Tuesday 25th June 2019 Public Bill Committees

[The Chair]

Welcome to the Committee’s first sitting. Would everyone please ensure that their phones are on silent? We will first consider the sittings and order of consideration motions, which stand in the name of the Minister, which I hope we can take without too much debate. I call the Minister to move the sittings motion.

[The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)]

I beg to move,

That, if proceedings on the High Speed Rail (West Midlands - Crewe) Bill are not completed at this day’s sitting, the Committee do meet on:

(a) Tuesdays when the House is sitting at 9.25 am and 2.00 pm; and

(b) Thursdays when the House is sitting at 11.30 am and 2.00 pm.

Thank you, Ms Buck, for introducing proceedings. I look forward to working with all members of the Committee on the important process of line-by-line scrutiny of the Bill, and to hearing from Her Majesty’s loyal Opposition as part of that. I thank the High Speed Rail (West Midlands - Crewe) Bill Select Committee, chaired by my hon. Friend the Member for Rochford and Southend East (James Duddridge), which has heard from directly and especially affected petitioners over the past 15 months and has accordingly made changes to the scheme and the Bill. I am delighted that we can now move on to the next stage of consideration, which will enable us to take the benefits that the railway will bring further north.

The clauses and stages of the Bill follow previous hybrid Bills very closely, so they have already been approved by Parliament on several occasions. The functions of the Bill are: to authorise the compulsory purchase of the land needed, to give deemed outline planning consent to the phase 2a section of the railway, to give the nominated undertaker the powers to build and maintain the railway, and to modify existing legislation to enable this all to progress smoothly. Issues relating to the compulsory purchase of land and how that affects individuals, organisations and businesses have largely been dealt with by the Select Committee. What remains for this Committee are largely technical matters.

Question put and agreed to.

Ordered,

That the Bill be considered in the following order, namely, Clause 1, Schedule 1, Clause 2, Schedules 2 and 3, Clause 3, Schedules 4 and 5, Clause 4, Schedules 6 and 7, Clause 5, Schedules 8 to 10, Clauses 6 and 7, Schedule 11, Clause 8, Schedule 12, Clause 9, Schedule 13, Clause 10, Schedule 14, Clauses 11 to 13, Schedules 15 and 16, Clauses 14 to 17, Schedule 17, Clauses 18 to 21, Schedules 18 and 19, Clause 22, Schedule 20, Clauses 23 to 27, Schedule 21, Clause 28, Schedules 22 and 23, Clause 29, Schedule 24, Clause 30, Schedule 25, Clause 31, Schedule 26, Clause 32, Schedule 27, Clauses 33 to 37, Schedule 28, Clause 38, Schedule 29, Clauses 39 and 40, Schedule 30, Clauses 41 and 42, Schedule 31, Clause 43, Schedule 32, Clauses 44 to 62, new Clauses, new Schedules, remaining proceedings on the Bill.—(Ms Ghani.)

[The Chair]

We now begin line-by-line consideration of the Bill. The selection list for today’s sitting, which is available in the room, shows how clauses, schedules and amendments have been grouped for debate. Grouped matters generally deal with the same or similar issues. The selection and grouping is simple: schedules introduced by a particular clause have been grouped for debate with that clause. Decisions on each will be taken at the end of each debate in accordance with the order of consideration resolution just agreed by the Committee. The only amendments are new clauses, which will be taken in turn after the existing clauses and schedules have been dealt with. I will use my discretion to decide whether to allow separate stand part debates on individual clauses and their schedules in the light of preceding debates.

Clause 1

Power to construct and maintain works for Phase 2a of High Speed 2

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss that schedule 1 be the First schedule to the Bill.

[Ms Ghani]

The clause authorises the nominated undertaker to construct and maintain the works specified in schedule 1 for the construction of phase 2a of High Speed 2 and other incidental works. It is a standard clause found in all works Bills. Phase 2a sits between two larger phases of the HS2 project, so the clause makes provision to accommodate emerging design works for phase 1 at Handsacre junction and phase 2b at Crewe.

Schedule 1 sets out the construction requirements for the scheduled works and provides permitted limits of deviation from the siting of works as shown on the relevant plans. It also provides a description of the scheduled works. The permitted deviation limits have precedence in other railway Acts, most recently the High Speed Rail (London - West Midlands) Act 2017. The limits of the deviation reflect the fact that the design of phase 2a is, by necessity, at an outline stage—detailed design will come later—so some flexibility is essential. Any variation within the limits of deviation is controlled by the environmental minimum requirements.

[Matt Rodda (Reading East) (Lab)]

Labour supports High Speed 2, as it will address the severe capacity constraints on our rail network and improve connections between cities in the midlands and the north. Any responsible Government must contend with the fact that commuter and freight services are being squeezed off the network due to lack of capacity. HS2 is vital for unblocking the railway and creating additional capacity.

The UK is off track to meet its emission reduction targets under the Climate Change Act 2008. Transport is the most emitting sector of the economy and the worst performing sector with regard to emissions—indeed, emissions have risen since 2010. HS2 will provide an alternative to domestic flying and will tackle that important issue. It will also allow for more reliable rail services.

It is vital that we get HS2 right. It is a tremendous opportunity to improve connectivity and we support it as part of a package of delivering transformative investment in our rail system.

[Ms Ghani]

I welcome the hon. Gentleman’s comments. We are debating a particular section of the line, and I welcome his support.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Schedule 1 agreed to.

Clause 2

Further provision about works

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

That schedule 2 be the Second schedule to the Bill.

That schedule 3 be the Third schedule to the Bill.

[Ms Ghani]

The clause authorises a nominated undertaker to carry out any necessary ancillary works for the construction and maintenance of phase 2a, as long as such works remain within the limits shown on the plans. That could be railway works as set out in subsection (1) or, as stated in subsection (3),

“landscaping and other works to mitigate any adverse effects of the construction”.

Again, it is a standard clause for works Bills.

Subsection (4) introduces schedule 2, which contains

“further and supplementary provision about works.”

It allows for certain protective works, such as the preservation of buildings, tree management and so on, to be carried out for works authorised by the Bill. Schedule 2 also describes how the nominated undertaker can access properties along the route to investigate land, carry out protective works and provide safeguards for the property owners. Subsection (5) allows a nominated undertaker to divert the electricity lines identified in schedule 3, and to carry out the ancillary works required for the diversions.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Schedules 2 and 3 agreed to.

Clause 3

Highways

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

That schedule 4 be the Fourth schedule to the Bill.

That schedule 5 be the Fifth schedule to the Bill.

[Ms Ghani]

Clause 3 introduces schedules 4 and 5, which allow the nominated undertaker to carry out works to and otherwise affect highways. That includes creating new or improving existing highways and highway accesses, and stopping up roads. It also requires the nominated undertaker to obtain the consent of Highways England before carrying out works to roads for which that body is responsible, for example motorways and trunk roads.

[Matt Rodda]

Developers can be overly dependent on road transport, which is ironic in a major rail project. I hope that the Minister will agree that as much freight as possible should be delivered by rail so as to minimise road use and the inevitable disruption to local communities. What steps have the Government taken to address that important issue?

[Ms Ghani]

The hon. Gentleman makes a valid point. We want the project to be as clean and green as possible, and freight capacity is a major issue that we are investigating to ensure that as much freight can be moved by rail as possible. I hope that provides him with the confidence he needs.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Schedules 4 and 5 agreed to.

Clause 4

Power to acquire land compulsorily

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

That schedule 6 be the Sixth schedule to the Bill.

That schedule 7 be the Seventh schedule to the Bill.

[Ms Ghani]

Clause 4 provides the Secretary of State with the power to compulsorily acquire land within the limits shown in the Bill, where such land is required for phase 2a. Subsection (2) introduces schedule 6, which describes some of the land to be acquired and the particular purposes for which it may be acquired. It is not land required for the scheduled works; it is land required for ancillary works, including environmental mitigation, utility diversions and borrow pits. The clause further provides that the normal legislative regime relating to compulsory acquisition is to apply, subject to the modification set out in schedule 7. The purpose of the modifications is to streamline the land acquisition process, as Parliament will already have given approval to the Bill.

[Matt Rodda]

Compulsory purchases and compensation have been an issue of contention during this process. For phase 1 it was initially decided that residents of urban areas would receive less compensation that those in rural areas—a decision that was eventually overturned. It is important that such issues are dealt with fairly, but it appears that tenants who are adversely affected by the scheduled works are not being treated fairly as there is no scheme to compensate them. Those who rent are already disadvantaged compared with those who own their own properties, and I believe that much more can and should be done. I will return to that issue when we discuss the new clauses.

[Ms Ghani]

The hon. Gentleman raises an important point. The purchase of land is essential to the completion of the proposed scheme. People directly and especially affected by the Bill have had the opportunity to petition the House and will have another opportunity to do so in the other place.

The project endeavours to use land as effectively and efficiently as possible. There are a number of places where compensation claims can be heard and settled by agreement, whereas disputes can be dealt with by the upper tribunal or by other factors that HS2 has put in place to deal with local communities and local people. Even though the project provides some disruption along the line, we want to ensure that we are doing the right thing by the communities we are working with.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Schedules 6 and 7 agreed to.

Clause 5

Acquisition of rights and imposition of restrictive covenants

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to consider the following:

That schedule 8 be the Eighth schedule to the Bill.

That schedule 9 be the Ninth schedule to the Bill.

That schedule 10 be the Tenth schedule to the Bill.

[Ms Ghani]

Clause 5 provides the Secretary of State with the power to acquire rights in land, such as access over it, or to impose restrictive covenants over land for the purpose of phase 2a, rather than acquiring the land itself.

Subsection (2) introduces schedule 8, which specifies land where powers of acquisition are limited to the acquisition of rights or the imposition of restrictive covenants for the purposes specified in column 3 of the table in that schedule. In particular, the restrictive covenants can be imposed for the preservation of ground re-profiling. This will ensure that no future changes are made that detrimentally affect the ability to deliver, maintain or operate phase 2a. Subsection (3) makes it clear that the Secretary of State can acquire rights or impose restrictive covenants for the benefit of another person, such as a statutory undertaker.

The clause also gives the Secretary of State the power to provide that a specified person may exercise the powers under the Bill to acquire rights to impose restrictive covenants. For example, it may be prudent to give a statutory undertaker the rights to impose restrictions so that they can maintain their own equipment on that land.

Subsection (6) introduces schedules 9 and 10, which contain provisions about the application of compulsory purchase legislation in relation to the acquisition of rights over land or the imposition of restrictive covenants. Subsection (7) amends section 5 of the High Speed Rail (London - West Midlands) Act 2017—the phase 1 Act—to make it clear that the Secretary of State can apply rights or impose restrictive covenants under that section for the benefit of another person, such as a statutory undertaker.

Question put and agreed to.

Clause 5 accordingly ordered to stand part of the Bill.

Schedules 8 to 10 agreed to.

[Rachel Maclean (Redditch) (Con)]

On a point of order, Ms Buck. Is it in order to have a second shadow Minister kneeling on the floor during the Committee’s proceedings? I would be grateful for your guidance.

[The Chair]

I understand the point, and normally that would not be acceptable, but my understanding is that the hon. Lady in question would have been a member of the Committee had she not lost her voice. With the leave of the Committee, perhaps a bit of flexibility would be acceptable in this case.

Clause 6

Acquisition of airspace

Question proposed, That the clause stand part of the Bill.

[Ms Ghani]

Clause 6 allows the Secretary of State to use the power under section 4(1) to compulsorily acquire airspace only, rather than the land beneath it, for the purpose of aerial works. The clause provides that where the Secretary of State needs to acquire only airspace, a landowner cannot require the Secretary of State to compulsorily purchase the land beneath it.

Question put and agreed to.

Clause 6 accordingly ordered to stand part of the Bill.

--- Later in debate ---

[The Chair]

With this it will be convenient to consider that schedule 11 be the Eleventh schedule to the Bill.

[Ms Ghani]

Clause 7 allows the Secretary of State to compulsorily purchase only the subsoil or under-surface of land within the Bill limits for work such as tunnelling. Where the Secretary of State only acquires the subsoil or under-surface, he cannot be compelled to purchase the surface land, except where sub-surface acquisition includes part of a building, such as a cellar, and would therefore have a material detrimental impact on the remainder of the property.

Subsection (4) introduces schedule 11, which in specified cases restricts the compulsory powers of acquisition to subsoil or under-surface of land and the imposition of restrictive covenants. The table in the schedule details land where only subsoil more than nine metres below the surface can be compulsorily acquired. This is mostly for deep tunnels.

Question put and agreed to.

Clause 7 accordingly ordered to stand part of the Bill.

Schedule 11 agreed to.

Clause 8

Highway subsoil

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to consider that schedule 12 be the Twelfth schedule to the Bill.

[Ms Ghani]

Clause 8 allows the nominated undertaker to use any subsoil beneath the highway within the Bill limits which is required for the purpose of construction and maintenance of works authorised by the Bill, without the need formally to acquire the subsoil or any interest in it. This does not apply to cellars, vaults, archways or other structures that form part of a building fronting on to a highway.

Subsections (3) and (4) introduce schedule 12, which lists the highway allowed within the Bill limits where the powers to take subsoil or compulsorily acquire interest in the land cannot be exercised except in the case of street works, as per subsection (6). Subsection (5) provides that, in the case of highways in the land specified in the table in paragraph 1 of schedule 11, only subsoil that is more than nine metres beneath the level of the surface may be taken.

[Matt Rodda]

Obviously, layers of subsoil are important. There is a link to the depletion of high-quality soils. We need to preserve good soil for farming. Some farmers in this important agricultural area might have spent time improving the quality of soil on their land. We would like this issue to be addressed so that any movement of soil is managed with great care and caution.

[Ms Ghani]

The hon. Gentleman raises an important point. I already attend meetings with the National Farmers Union and the Country Land and Business Association. We will of course continue to work with them, and he will know that we try to reduce any environmental impact when building this railway line.

Question put and agreed to.

Clause 8 accordingly ordered to stand part of the Bill.

Schedule 12 agreed to.

Clause 9

Termination of power to acquire land

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to consider that schedule 13 be the Thirteenth schedule to the Bill.

[Ms Ghani]

Clause 9 sets out an expiry period for compulsory purchase powers of five years from the date of Royal Assent. The clause allows the Secretary of State by order to extend this period by not more than five years. Any order extending the time limit for the exercise of these powers is subject to special parliamentary procedure.

Subsection (4) introduces schedule 13, which enables landowners, in the event of an extension to the time limit, to require the Secretary of State to acquire their property interests. If he decides not to, the compulsory purchase powers over the property interest will cease. Similar provisions were included in the Crossrail Act 2008 and the High Speed Rail (London - West Midlands) Act 2017.

Question put and agreed to.

Clause 9 accordingly ordered to stand part of the Bill.

Schedule 13 agreed to.

Clause 10

Extinction of rights over land

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to consider that schedule 14 be the Fourteenth schedule to the Bill.

[Ms Ghani]

Clause 10 introduces schedule 14, which contains provisions about extinguishing private rights and any general rights of access over land, where such land is required for phase 2a. Those who suffer loss due to extinguishment of a private right would be entitled to compensation under the normal compensation provisions. Provisions for extinguishing rights were included in the Crossrail Act 2008, the Channel Tunnel Rail Link Act 1996 and the High Speed Rail (London - West Midlands) Act 2017. Similar provisions apply to compulsory acquisition by local authorities.

Question put and agreed to.

Clause 10 accordingly ordered to stand part of the Bill.

Schedule 14 agreed to.

Clause 11

Extinction of rights of statutory undertakers

Question proposed, That the clause stand part of the Bill.

[Ms Ghani]

The clause applies the provisions of the Town and Country Planning Act 1990, which provide a process by which any apparatus of the statutory undertaker on such land may be removed and related rights over the land extinguished. Clause 11 is subject to the protected provisions for specified statutory undertakers in schedule 32, which makes provision for the diversion or protection of their apparatus.

Question put and agreed to.

Clause 11 accordingly ordered to stand part of the Bill.

Clause 12

Exclusion of new rights of way

Question proposed, That the clause stand part of the Bill.

[Ms Ghani]

The clause prevents rights of way from being acquired by prescription over land that forms an access to any railway infrastructure and which is held for phase 2a.

Question put and agreed to.

Clause 12 accordingly ordered to stand part of the Bill.

Clause 13

Temporary possession and use of land

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this, it will be convenient to consider the following:

That schedule 15 be the Fifteenth schedule to the Bill.

That schedule 16 be the Sixteenth schedule to the Bill.

[Ms Ghani]

Clause 13 introduces schedules 15 and 16, which give the Secretary of State powers to take temporary possession of land within the Bill limits for the purpose of phase 2a. The land listed in the table in schedule 16 can be taken only temporarily and not acquired, except for subsoil and rights or restrictive covenants over the land.

Schedule 15 sets out the procedure, including the notice required, the payment of compensation to effective landowners, the suspension of private rights and rights of access over the land during the period of temporary possession and arrangements for the restoration and return of the land.

Question put and agreed to.

Clause 13 accordingly ordered to stand part of the Bill.

Schedules 15 and 16 agreed to.

Clause 14

Use of roads

Question proposed, That the clause stand part of the Bill.

[Ms Ghani]

Clause 14 allows the nominated undertaker to use any road specified in the table in schedule 8, which is land for which only rights may be compulsorily acquired or over which restrictive covenants may be imposed, so as to obtain a right of passage for the purpose of phase 2a. This power ends five years after phase 2a is brought into general use.

[Matt Rodda]

The clause will require ongoing construction work and will cause significant disruption to road networks in certain areas. It is important that disturbance is kept to a minimum. The use of roads is likely to result in unplanned road congestion, which can lead to delays for motorists, disrupt public transport and interfere with walking and cycling routes. It also has the potential to disrupt many people’s travel patterns, with the increase in roadside emissions as well. It is not possible to effectively predict the impact of the disruption to road networks, travel patterns and air quality in advance, which is why Labour thinks it is important that there should be ongoing public engagement to ensure that impacts are mitigated.

[Ms Ghani]

The hon. Gentleman raises another important point—the issue of ongoing engagement with Highways England, local authorities, those who drive, cycle and walk, and also Members of Parliament. That is the case at the moment. HS2 Ltd has provisions in place to ensure that it works with local communities and local council management on local travel plans. It will have to continue to do so through the construction phase.

Question put and agreed to.

Clause 14 accordingly ordered to stand part of the Bill.

Clause 15

Enforcement of restrictions on land use

Question proposed, That the clause stand part of the Bill.

[Ms Ghani]

The clause allows the Secretary of State when entering into agreements relating to phase 2a to impose prohibitions or restrictions on the owners of land to bind successors in title as if they were the original party. This is despite the fact that the Secretary of State may not at the time of the agreement own land to be benefited by the prohibition or restriction.

Question put and agreed to.

Clause 15 accordingly ordered to stand part of the Bill.

Clause 16

Compensation for injurious affection

Question proposed, That the clause stand part of the Bill.

[Ms Ghani]

The clause provides that the nominated undertaker will be responsible for paying compensation under section 10(1) of the Compulsory Purchase Act 1965, instead of the Secretary of State.

Question put and agreed to.

Clause 16 accordingly ordered to stand part of the Bill.

Clause 17

Deemed planning permission

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss that schedule 17 be the Seventeenth schedule to the Bill.

[Ms Ghani]

The clause provides deemed planning permission under part III of the Town and Country Planning Act 1990 for carrying out the works authorised by the Bill. Deemed planning permission is granted only for ancillary works in the Bill where the impact of such work is assessed in the environment statement, or where the development is exempt within the meaning of the environmental impact assessment regulations. Any work outside those parameters would require separate planning permission. Subsection (3) introduces schedule 17, which sets out the conditions of deemed planning permission. That includes the requirement for approval from the relevant local authorities on specific aspects of design and construction to ensure that local impacts are appropriately mitigated in the area—for example, the movement of lorries to and from construction sites.

[Matt Rodda]

This is an extremely important issue as it deals with important environmental matters. The schedule addresses salutary points and deals with the conditions of deemed planning permission, as the Minister mentioned. We are concerned about the environmental matters covered, including the impact of dust, soil and road traffic. We are also concerned about how material is taken away from the site, vehicle movements and the impact on historic sites, which we will deal with later. I will return to these matters later today.

[Ms Ghani]

The hon. Gentleman once again raises valid points about how we remove material and mitigate any impact on the neighbouring communities, which is what HS2 is doing with its local engagement, as well as by working with local authorities. Planning permission provided by clause 17 is necessary to the construction of the proposed scheme and it provides more clarity to those directly and specially affected by the Bill.

Question put and agreed to.

Clause 17 accordingly ordered to stand part of the Bill.

Schedule 17 agreed to.

Clause 18

Time limit on deemed planning permission

Question proposed, That the clause stand part of the Bill.

[Ms Ghani]

The clause sets out, as a condition of deemed planning permission, a time limit of 10 years after Royal Assent within which the authorised works must have commenced. The clause also allows the Secretary of State to extend by regulations the period by which any work must be commenced. Such regulations are to be made by statutory instrument, subject to the negative resolution procedure.

Question put and agreed to.

Clause 18 accordingly ordered to stand part of the Bill.

--- Later in debate ---

Question proposed, That the clause stand part of the Bill.

[Ms Ghani]

The clause allows the Secretary of State by regulations to disapply the planning permission granted by the Bill for maintenance or alteration of phase 2a works carried out after a specific date. The clause is intended to relate to works post construction where it would be disproportionate for the HS2 infrastructure operator to have such broad planning permission.

Question put and agreed to.

Clause 19 accordingly ordered to stand part of the Bill.

Clause 20

Development consent

Question proposed, That the clause stand part of the Bill.

[Ms Ghani]

The clause makes it clear that development consent under the Planning Act 2008 is not required for the authorised works. That Act provides for the construction of nationally significant infrastructure projects such as HS2 to be authorised by a development consent order. As the Bill will provide the powers and consents required to build and maintain phase 2a, a development consent order is unnecessary.

Question put and agreed to.

Clause 20 accordingly ordered to stand part of the Bill.

Clause 21

Listed buildings and ancient monuments

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

That schedule 18 be the Eighteenth schedule to the Bill.

That schedule 19 be the Nineteenth schedule to the Bill.

[Ms Ghani]

The clause introduces schedules 18 and 19, which disapply or modify controls for listed buildings and ancient monuments to allow the construction of phase 2a and to enable the installation of noise insulation in listed buildings.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

Obviously, listed buildings and ancient monuments are held in high regard nationally. Can the Minister assure us that, in addition to the views of Historic England, English Heritage and the like, the views of local historical groups and community groups will be taken into account before any decisions are made?

--- Later in debate ---

[Ms Ghani]

The hon. Gentleman raises an important point. Of course local communities want to protect their local heritage sites, and of course we will work with local authorities and Historic England. HS2 Ltd has an extensive community engagement team that works on the ground, and there are also opportunities to petition at the appropriate points in the Bill’s passage.

The listed buildings affected are listed in tables 1 and 2 in schedule 18, and the disapplications or modifications apply only to those buildings. Schedule 19 allows a person authorised by the Historic Buildings and Monuments Commission for England to enter land where there is a scheduled monument to observe or advise on the carrying out of works to ensure the protection of monuments. Similar provisions were included in the Crossrail Act 2008 and the phase 1 Act of 2017.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

It is always a cause of dismay when our built heritage is affected by new development. The provisions in the clause are very wide ranging. The Minister could consider better safeguards to further ensure that our country’s built heritage is protected during the construction of this vital national infrastructure project. In particular, perhaps a presumption against demolition could be considered where practical. Indeed, the dismantling and relocation of items of built heritage, where practical, might be presumed a better solution. If that were not possible for the entire building, certainly key features of interest could be dismantled, preserved, salvaged or relocated where appropriate.

On the inspection and observation of works, schedule 18 merely indicates that there will be an opportunity for English Heritage to inspect the works, but there is no obligation on it to do so. That could be tightened by the inclusion of an obligation to ensure that all heritage assets affected are inspected and recorded, including by laser scanning to provide a highly accurate 3D model of any assets that are destroyed as a result of the project. That would be a far better way to safeguard the built heritage of our country as a result of the project.

[Matt Rodda]

I concur with my hon. Friend the Member for Glasgow North East. I know he has a deep personal commitment to this issue, as he represents a constituency in which a wonderful historic building suffered serious damage.

We take this issue seriously, and I urge the Government to take great care and look at some specific pieces of heritage that might be affected by the developments, such as the historic mileposts, the 1867 rail building at the important historic rail town of Crewe, and the grade II listed farm houses in the line of the route. It would be ironic if wonderful railway architecture from previous generations was damaged or completely destroyed by the building of HS2. It would be so much better if whatever possible could be preserved for the benefit of future generations. We hope the Government will look further into that and consider possible mitigation.

[Ms Ghani]

Once again, important points have been raised that were also made about HS2 and, no doubt, made to the Select Committee. One hon. Member has a particular issue within their constituency, which no doubt we will hear about again today.

Similar provisions were included in the Crossrail Act 2008 and the HS2 phase 1 Act of 2017. All works must be done in accordance with the environmental minimum requirements, and the normal requirements and appropriate consents are always obtained when dealing with listed buildings.

The Secretary of State will have to work with local authorities and Historic England. The Select Committee considered the scheme’s effect on specific historical sites, and the scheme is designed to seek to avoid impacts on culture or heritage. We recognise the importance of such assets to communities locally and nationally. Even though we are trying to build an up-to-date, modern railway line, since I became HS2 Minister, I have been concerned to ensure that we honour historical sites close by and try to mitigate any impacts on them. I am sure that HS2 Ltd will continue to do that.

Question put and agreed to.

Clause 21 accordingly ordered to stand part of the Bill.

Schedules 18 and 19 agreed to.

Clause 22

Burial grounds

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to consider that schedule 20 be the Twentieth schedule to the Bill.

[Ms Ghani]

The clause provides for the disapplication of laws concerning burial grounds and human remains. It also introduces schedule 20, which outlines the process that the nominated undertaker must follow in relation to the removal and reburial or cremation of human remains, and the removal and replacement of monuments to the deceased.

The clause disapplies ecclesiastical law for the purpose of constructing phase 2a. It also disapplies the law relating to burial grounds if the remains and any monument to the deceased have been dealt with in accordance with schedule 20. Similar provisions were included in the 2008 and 2017 Acts.

[Matt Rodda]

This is obviously a very sensitive aspect of the Bill. We urge the Government to take great care in this matter and, in particular, to allow for more time and effort to be taken to contact the families of deceased people. In this modern age, with well-established genealogy and records of church burials and other burials, we hope more effort could be made to contact the families whose loved ones’ remains are being moved, because this is a sensitive issue for families.

[Ms Ghani]

The hon. Gentleman makes an important point. If he has had time to visit Euston, he will have seen the huge amount of work being undertaken to deal with remains, which are all being removed by hand. It is a long process, as it should be. We have not yet identified any known burial grounds that could be affected, but in the course of construction, we could discover previously unknown sites. If that occurs, the clause and its related schedule provide for the appropriate processes to manage the removal and reburial or cremation of human remains, and the removal and replacement of monuments to the deceased.

Where remains are less than 100 years old, schedule 20 requires a notice to be published in the local newspaper and displayed at the burial ground. Relatives have the right to remove and re-inter or cremate the remains at the expense of the nominated undertaker, who must pay reasonable costs. I hope that provides some assurance to the hon. Gentleman that we are taking the issue seriously.

Question put and agreed to.

Clause 22 accordingly ordered to stand part of the Bill.

Schedule 20 agreed to.

[The Chair]

I propose revising my grouping, and that we debate clauses 23 to 42, and the associated schedules 21 to 31, together.

[Ms Ghani]

Ms Buck, may I take some direction? Are you proposing that I speak just to clause 23?

[The Chair]

You may speak to any clause between clauses 23 and 42, and we will take the decisions at the end, rather than having a speech on each clause and making a decision on it, as we have been doing. This will allow you to make a speech on all of them together.

[Ms Ghani]

I understand. I will do my best, but do call me out if I get it wrong.

Clause 23

Consecrated land

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

Clauses 24 to 27 stand part.

That schedule 21 be the Twenty-first schedule to the Bill.

Clause 28 stand part.

That schedule 22 be the Twenty-second schedule to the Bill.

That schedule 23 be the Twenty-third schedule to the Bill.

Clause 29 stand part.

That schedule 24 be the Twenty-fourth schedule to the Bill.

Clause 30 stand part.

That schedule 25 be the Twenty-fifth schedule to the Bill.

Clause 31 stand part.

That schedule 26 be the Twenty-sixth schedule to the Bill.

Clause 32 stand part.

That schedule 27 be the Twenty-seventh schedule to the Bill.

Clauses 33 to 37 stand part.

That schedule 28 be the Twenty-eighth schedule to the Bill.

Clause 38 stand part.

That schedule 29 be the Twenty-ninth schedule to the Bill.

Clauses 39 and 40 stand part.

That schedule 30 be the Thirtieth schedule to the Bill.

Clauses 41 and 42 stand part.

That schedule 31 be the Thirty-first schedule to the Bill.

[Ms Ghani]

Clause 23 provides that works authorised by the Bill may be carried out on consecrated land without being affected by restrictions and obligations imposed by ecclesiastical or other laws. Burial grounds are dealt with separately under clause 22 and schedule 20, which set out how human remains are to be dealt with. The environmental minimum requirements control how the works are to be carried out. Similar provisions were included in the Crossrail Act 2008 and the High Speed Rail (London - West Midlands) Act 2017.

Clause 24 disapplies existing enactments that regulate the use of commons, town or village greens, open spaces or allotments. Similar provisions were included in the 2017 Act.

Clause 25 provides protection for trees subject to tree preservation orders or in conservation areas in relation to works to trees that are required for the purposes of constructing and maintaining phase 2a. Similar provisions were included in the 2008 and 2017 Acts.

Clause 26 allows for the installation and diversion of overhead lines as part of the authorised works, and grants the necessary consent for such works. The clause removes the need for the Secretary of State’s consent under the Electricity Act 1989 where the installation of the line is a work authorised by the Bill and has deemed planning permission under the Bill. Similar provisions were included in the 2017 Act.

Clause 27 introduces schedule 21, which provides for the disapplication of certain legislation relating to water abstraction, impounding and other matters relating to water and drainage. Similar provisions were included in the 2008 and 2017 Acts.

Clause 28 introduces schedules 22 and 23, which make provision for the disapplication of certain legislation relating to buildings and party walls. Schedule 22 provides for the disapplication or modification of various provisions of the Building Act 1984 and building regulations, including provisions on drain repairs and disconnections, the raising of chimneys, the construction of cellars and roofs below subsoil water level, and the control by local authorities of demolition works.

Schedule 23 modifies the Party Wall etc. Act 1996. Among the modifications is an amended process for the resolution of disputes. Clause 29 introduces schedule 24, which disapplies various controls relating to works in or near streets and highways. Similar provisions were included in the 2017 Act. Clause 30 introduces schedule 25, which relates to the granting of permits for the use of heavy commercial vehicles on roads where there are heavy lorry restrictions. Similar provisions were included in the Crossrail Act 2008 and the phase 1 Act.

--- Later in debate ---

[The Chair]

With this it will be convenient to consider that schedule 32 be the Thirty-second schedule to the Bill.

[Ms Ghani]

Clause 43 introduces schedule 32, which protects the interests of statutory undertakers and other bodies who may be affected by other provisions of the Bill. The provisions are similar to those in the Crossrail Act 2008, the Channel Tunnel Rail Link Act 1996 and the High Speed Rail (London - West Midlands) Act 2017. The protective provisions of the schedule cover highways and traffic; electricity, gas, water and sewerage undertakers; electronic communications code networks; land drainage, flood defence, water resources and fisheries; and the Canal & River Trust.

[Matt Rodda]

We believe that far more work needs to be carried out by the Government over a range of infrastructure projects to minimise the impact of development of sites, and not least to re-explore the issue of rail enhancement programmes and how rail should be used, wherever possible, to shift goods. That is explored in one of our new clauses.

We know that congestion causes pollution, and we know about its effect on communities and the environment. The Government are willing to carry out some monitoring work, but we would like them to do much more. Are they planning to monitor pollution in detail, and to publish new journey times? Projects such as HS2 have an impact not only on those working on the site, but on the wider population in the area. There should, as has been said, be further work. The Government need to respond to the dilemma, not address it superficially.

Paragraph 13 of schedule 32 deals with issues that I want to highlight concerning pedestrians, cyclists and other modes of transport, and how they cross the line. The schedule is not comprehensive enough, and we have drafted a new clause on the subject. We believe that pedestrians and cyclists should be at the top of the Government’s considerations in infrastructure projects, as the Government have targets for increasing walking and cycling. It would be somewhat ironic if an infrastructure project designed to improve transport withheld other aspects of it. The disruption to this group of highway users should be minimal. Bridges and tunnels can provide crucial access to those who need it, and can bring only greater connectivity to those who will be cut off by the HS2 line. The Government need to take a much closer look at this issue, and to address concerns that we will cover in a new clause.

Paragraph 14 of the schedule deals with the salient issue of highways repairs. We are becoming a pothole nation, as we have mentioned on other occasions in the House. Whether on major highways or smaller lanes, it is vital that proper repairs are made as damage occurs. Obviously, there will be damage in a major infrastructure project during which heavy goods vehicles will thunder down local roads. We want the Government to address that issue, which is of great importance to communities.

[Ms Ghani]

The hon. Gentleman raises important points, but most of them are detailed extensively in the environmental statement. My Department and HS2 Ltd have engaged, and will continue to engage, with all those who are worried about their local communities, the environment, congestion and traffic movement. They will all have the opportunity to petition this House and the other place. The clause is necessary to minimise disruption and allow the delivery of the proposed scheme, protects the bodies involved, and enables them to continue to carry out their duties.

Freight has been raised a number of times; I look forward to responding to the new clause on that issue. In anticipation, let me I point out that we are doing what we can to ensure that freight will support the movement of construction materials, whether aggregates or rail cement, during the construction of the railway.

Question put and agreed to.

Clause 43 accordingly ordered to stand part of the Bill.

Schedule 32 agreed to.

[The Chair]

We now come to clause 44. I propose revising the grouping, and that we debate clause 44 with clauses 45 to 47. Anybody on the Committee may speak to any of those clauses. Is that acceptable to the Minister?

[Ms Ghani]

Indeed it is.

Clause 44

Existing agreements

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss clauses 45 to 47.

[Ms Ghani]

Clause 44 provides that the undertakings given to the Commonwealth War Graves Commission and the Archbishops’ Council in relation to the powers of the High Speed Rail (London - West Midlands) Act 2017 should apply in the same way to the phase 2a Bill.

Clause 45 enables the Secretary of State to promote a compulsory purchase order if he considers that the construction or operation of phase 2a of HS2 could cause the displacement of an undertaking. The land to be acquired could be used to relocate the undertaking or to provide land in substitution of land displaced. The clause further enables the Secretary of State to promote a compulsory purchase order to acquire land to relocate all or part of an undertaking where, as a result of the exercise of powers under the Bill, the former site is no longer reasonably capable of being used for the undertaking.

Subsections (3) to (6) and (8) provide that the normal process relating to compulsory purchase orders applies. Subsection (7) makes it clear that the Secretary of State can acquire rights or impose restrictive covenants for the benefit of another person, such as the person whose undertaking is being relocated. Subsection (10) amends the equivalent provision of section 49 of the 2017 Act, to make it clear that the Secretary of State can acquire rights or impose restrictive covenants under that section for the benefit of another person, such as the person whose undertaking is being relocated.

Clause 46 allows the nominated undertaker to carry out reinstatement works within the Bill’s limits on a property, including a business or facility, that has been discontinued or substantially impaired in whole or in part, following the exercise of any power under the Bill. This clause aims to assist those affected by the construction of HS2, by providing an efficient mechanism for moving properties such as businesses, and reducing the requirement for extinguishment.

Clause 47 allows the Secretary of State to direct that the deemed planning permission under clause 17(1) does not apply in relation to particular reinstatement works. That relates to works outside of the scope of the Bill, to which it would be inappropriate to apply deemed planning permission.

--- Later in debate ---

Question proposed, That the clause stand part of the Bill.

[Ms Ghani]

Clause 48 enables the Secretary of State to ensure that, following the construction of the scheme, he may impose conditions on land released where such land contains environmental mitigation for HS2. This is to ensure the maintenance of mitigation measures; upgrades to the mitigation, if required; and prohibition on uses of the land where such uses would detrimentally affect the measures in place. The clause binds successors in title into any covenant agreed with previous landowners. The Secretary of State or an authorised person may enforce the agreement.

[Matt Rodda]

This is an important clause, particularly the mitigating provision in subsection (2), which proposes planting trees and shrubs to replace habitat where work has been carried out. I cannot stress enough how important it is to get this right. We need to ensure that biodiversity needs are addressed with the right solutions. The proposal to replace trees with native species is positive, but we need to ensure that those species fit with the local environment, that there is proper biodiversity and that habitats are protected in line with local ecology.

As well as planting trees and shrubs, we need to ensure that they are in the right places so that, for example, they mitigate flooding and enhance the natural environment. New plantations should be open to the public where possible and we should seek to create environments that encourage biodiversity, so features such as natural watercourses should be used to their advantage.

The end of the route passes through the salt marshes south of Crewe. That is an unusual habitat and a special site in the country, so that should be taken into account in the preservation of the natural environment.

[Ms Ghani]

The hon. Gentleman raises an important point to consider when undertaking such a large construction project. We are working with all stakeholders he would hope we would work with, including the Woodland Trust, to ensure that we not only replace trees but plant them in the most appropriate places, and to mitigate as much as possible the impact on the environment. The substantial environmental statement covered most of those issues.

Question put and agreed to.

Clause 48 accordingly ordered to stand part of the Bill.

Clause 49

Power to apply Act to further high speed rail works

Question proposed, That the clause stand part of the Bill.

[The Chair]

I propose that we debate clauses 49 to 60 together.

[Ms Ghani]

Clause 49 allows the use of an order under the Transport and Works Act 1992—a TWA order—to gain the necessary provisions for extensions or additional works relating to phase 2a of HS2 beyond the works outlined in the Bill. This relates to relatively minor transport works, such as an additional track to connect rail sidings. This power would not be used to promote future phases of HS2, which would be subject to the hybrid Bill process.

A TWA order cannot apply the provisions of the Bill that enable the Secretary of State to extend the time limit for the exercise of compulsory purchase powers—as referenced in clause 9(2) and schedule 13—or the provisions relating to listed buildings or ancient monuments, as referenced in schedules 18 and 19.

Clause 50 permits the authorised works to be carried out by the nominated undertaker on Crown land, or Crown land to be entered, with the consent of the relevant Crown authority.

Clause 51 provides that the powers conferred on the nominated undertaker with respect to works may be exercised in relation to roads under the responsibility of the Secretary of State, subject to his agreement. Subsection (2) states that the Secretary of State can impose conditions in such an agreement.

Clause 52 disapplies provisions of the Crown Estate Act 1961 that contain limitations on the powers of disposal of Crown Estate Commissioners. Those limitations are removed for Crown Estate land within the Bill limits that appears to the Crown Estate Commissioners to be required for phase 2a purposes.

Clause 53 makes provision for the terms “deposited plans” and “deposited sections” for the purposes of the Bill. Clause 54 contains provisions for correcting the plans that have been deposited in Parliament with this Bill, should that be required, and there are similar provisions in the Crossrail Act 2008, the Channel Tunnel Rail Link Act 1996, and the High Speed Rail (London - West Midlands) Act 2017.

Clause 55 provides that where a building that does not form part of the phase 2a works authorised by the Bill is built to replace a building demolished, or substantially demolished, under the Bill, the planning application for that replacement building must be accompanied by an environmental assessment where the construction of the replacement building is likely to have significant effects on the environment. The clause also amends environmental impact assessment regulations, to ensure that they work properly in relation to development authorised by the Bill.

Clause 56 sets out how disputes, which are to be determined under the Bill by arbitration, are dealt with. Similar provisions were included in the Crossrail Act 2008 and the High Speed Rail (London - West Midlands) Act 2017. Clause 57 relates to serving notices or other documents on any person where that is required or authorised under the Bill. The clause allows a document to be served by email or other electronic means where the recipient has agreed to the electronic means of service. Clause 58 allows landowners to resume their former use of land which has been used temporarily for the purposes of HS2, without having to make a further application for planning permission. Clause 59 defines the phrase “Phase 2a purposes” as used in the Bill, and clause 60 defines various terms used throughout the Bill.

Question put and agreed to.

Clause 49 accordingly ordered to stand part of the Bill.

Clauses 50 to 60 ordered to stand part of the Bill.

Clause 61

Financial Provision

Question put, That the clause stand part of the Bill.

[Ms Ghani]

This is the standard clause that appears in Bills and provides for the expenditure of public money. It simply provides that any expenditure incurred by the Secretary of State under the Bill shall be paid out of money provided by Parliament.

[Matt Rodda]

The Minister has addressed some of these issues, but it is vital to get this right. HS2 will allow for more reliable rail services. The current Secretary of State has plunged punctuality on the railways to a new depth—a 13-year low—and we must get on top of that issue. This is a tremendous opportunity to improve connectivity, and it is vital to get urban-to-urban connectivity within the country. We are committed to delivering a transformative package of investment across the rail network in the north of England, backed by a commitment of at least £10 billion to transform connections between major northern cities. The Government have touted similar plans, sometimes described as Northern Powerhouse Rail or HS3, but there is no commitment to the funding—it is interesting that the Minister used that point to address the financial side of the programme.

Any incoming Labour Government would rescope the project to seriously reduce costs and provide far better integration. Furthermore, there is concern over the accountability and the ability of our colleagues in this House to scrutinise HS2, ensure that costs are kept under control, and address the issue of public trust. We believe there is the potential to reduce the cost of HS2 by using a number of other technical measures—I will not address those in detail now—and the operation of HS2 is also contentious. Billions of pounds of taxpayers’ money is being invested in HS2, and it is right that revenues go back to the Exchequer and not into the hands of private train operating companies. HS2 should be run in the public sector as a public service. I will return to some of those points later in relation to the new clauses.

The Government have been somewhat inept in handling another specific aspect. HS2 has been rightly criticised for sometimes failing to provide value for public money. For example, the Public Accounts Committee described an unauthorised redundancy bill of £1.76 million as

“a shocking waste of taxpayers’ money”,

blaming it on

“weak internal processes at HS2”,

and there have been other concerns about the project.

--- Later in debate ---

[Matt Rodda]

I thank my hon. Friend for his intervention and particularly for pointing out the importance of the supply chain. I will add that the value of apprenticeships, degree qualifications and other opportunities for young people linked to the programme should be first and foremost in the Government’s mind when they come to look at the supply chain.

Returning briefly to clause 61, essentially it says that there is potential for uncapped Government expenditure, leaving open the possibility of no upper limit on the costs of HS2. Will the Minister update the Committee on the latest cost estimate, and does she believe that the project will be delivered at cost?

[Ms Ghani]

I remind the hon. Gentleman that we are here to scrutinise the Bill line by line, but I welcome the opportunity to remind everybody of the importance of HS2. Of course, it is a crucial project, linking eight of our 10 greatest cities. Supportive comments have been made recently by everybody involved, including the Mayors of Manchester and Liverpool and the leader of Leeds City Council, who have been watching very closely. They are northern, locally elected leaders who are waiting for HS2 to roll through their communities, because they fully understand not only that, at its peak, it will provide work for 30,000 people—most of those jobs being outside London—but its value for money and how it will smash the north-south divide, encourage our communities to come even closer together and force investment in rail infrastructure in the north of England for more than 100 years. This is a key infrastructure, social and economic project for our country.

[Mr Sweeney]

The Minister notes that there is an opportunity to close the north-south divide, but the project’s scope does not include extending the infrastructure to Scotland, to include Glasgow, Britain’s third-largest city. That is critical to the success of this project, and I hope that in the next phase of the HS2 programme the Minister will consider extending the railway all the way to Glasgow, because although Glasgow will benefit from reduced journey times to and from London, the journey times to and from Manchester will actually increase, which is detrimental to the Glaswegian economy.

[Ms Ghani]

I look forward to joining the hon. Gentleman in the Committee and the Chamber, and I welcome his support for the next phase, but let us deal with this Bill in these few short sittings.

We know that this project creates jobs and supports apprenticeships. There are already 2,000 businesses in the chain, and two colleges are supporting it. I do not want to move too far away from the clause, but a valid argument was made about the rest of the Government’s investment in the north. We know that Northern Powerhouse Rail is based on HS2 infrastructure, which is why this Bill, these clauses and this line are so important. We are investing more than £2.5 billion in a rolling programme to upgrade the railway between Manchester, Leeds and York, and the great north rail project is investing more than £1 billion by 2022. I have never seen HS2 as an either/or project; we need to do both. This is a great investment in the north of our country. There is no upper limit. There is just one budget, which is the budget that HS2 must hold itself to. It must also hold itself to the schedules.

Question put and agreed to.

Clause 61 accordingly ordered to stand part of the Bill.

Clause 62

Commencement and short title

Question proposed, That the clause stand part of the Bill.

[Ms Ghani]

The clause is the standard clause that appears in Bills. The provisions of the Bill will come into force upon Royal Assent.

Question put and agreed to.

Clause 62 accordingly ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Michelle Donelan.)

High Speed Rail (West Midlands - Crewe) Bill (Second sitting)

Nusrat Ghani Excerpts

Committee stage & Committee Debate: 2nd sitting: House of Commons
Tuesday 25th June 2019 Public Bill Committees

[The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)]

It is a pleasure to serve under your chairmanship, Mr Davies. I do not see a need for the new clause. The environmental statements already report the likely significant effects of phase 2a on trees and woodland habitats, including on ancient and veteran trees and ancient woodland. They also set out the proposed mitigation and compensation for the likely effects of the railway. HS2 Ltd has published an ancient woodland strategy for the scheme that sets out the expected losses of ancient woodland habitat and the range of compensation measures proposed in response to those losses. We have made assurances to organisations such as the Woodland Trust about the protection of woodland and ancient trees.

Furthermore, I attend quarterly ministerial roundtable meetings with the environmental agencies to ensure that HS2 Ltd has its feet held to the fire on this important issue. Very little will have changed between the environmental information that has already been provided and the environmental information that will be published one year after Royal Assent.

Following extensive engagement with the Woodland Trust, HS2 Ltd was able to offer a number of assurances on woodland and ancient trees. It committed to retaining Noddy’s oak near Stockwell Heath in Staffordshire, along with five other veteran trees. The environmental minimum requirements for phase 2a include a key requirement that the nominated undertaker must use reasonable endeavours to adopt mitigation measures that will further reduce any adverse environmental impacts caused by phase 2a.

We will of course continue to engage with relevant stakeholders and interested parties through the national environment forum and through the environmental health sub-group of the phase 2a planning forum. I reiterate that the new clause should be withdrawn.

[The Chair]

I appreciate that the hon. Member for Reading East is stepping in for his colleague, and valiantly so. The idea is to make your speech when moving the new clause, but all is not lost—if he wants to speak to the new clause now, he is very welcome to do so.

[Matt Rodda]

That is very generous and gracious of you, Mr Davies. I am sorry if I misunderstood the process while I am standing in for my colleague.

I appreciate that the Minister has taken some time to come back with the Government’s response, but it is worth highlighting some of those points in a little more detail because of the importance of wildlife. As we discussed this morning, it would be somewhat ironic if a positive and pro-environmental measure such as high-speed rail was inadvertently to damage habitats and the Government were unable to respond fully to those concerns.

From the previous stages of HS2, a number of issues have caused serious concern to residents, communities and the public more widely. Although the Bill itself clearly shows a response to some of those elements, it is not as comprehensive as it needs to be. That is why I am seeking a reassessment by the Government through the new clauses.

New clause 1 would require the Government to produce a report on how any actions by HS2 will impact on the natural environment—wildlife, birds and trees. The report could be laid before the Select Committee considering petitions on the potential threats to the natural environment. We have scrutinised the Bill to see whether there is a lack of clarity, and we have tabled the new clause to address that.

By bringing forth a report to be laid before Parliament, the Government would ensure greater focus and scrutiny of the HS2 project. The new clause calls for the report to be laid within a year of the passage of the Bill, which also means there is time for the Government to develop a greater scrutiny role over HS2 Ltd, which is obviously a separate company, and to ensure that it changes its practices and is prepared to give an answer to the House if hon. Members decide that it should do so.

Labour Members have serious concern about the impact of HS2 on the natural environment, as we have discussed a number of times, including this morning, whether on birds nesting, animals burrowing, or indeed the trees themselves. I know from previous debates and questions, which have been asked by Members from all parties, that this issue has been reported on a number of times. However, the approach, behaviour and actions of HS2 Ltd to date have demonstrated why it was crucial to table the new clause.

There have also been reports that HS2 Ltd is using the practice of netting bushes—it has been widely covered in the media in recent months—which clearly can cause real distress to animals, and especially birds, which breach the netting but can then become trapped. We call for the practice to cease. The company should instead seek to remove bushes and hedgerows at a time of year when birds are not nesting—this obviously relates to existing legislation and good practice. There is plenty of time in advance of these major works to reschedule them, to be far more sensitive to the rhythms of nature and, as a result, to do more on this front.

Likewise, it has been drawn to our attention that trees have been felled in the nesting season during the course of the programme. That is completely inappropriate, as it risks eggs, and indeed whole nests, falling to the ground. It is therefore vital that there are further restrictions on HS2, such that it schedules this work outside the nesting season. Although the Bill highlights that HS2 Ltd should follow the best examples of working with nature, including management of trees, in the first phase of the project the company has failed to live up to that. There are examples of felling taking place in the nesting season, and this practice should be halted immediately for phase 1 of the route. However, we also believe that the practice should change for phases 2a and 2b.

We believe that the Government have a responsibility to ensure that they take a more environmentally friendly approach to the project, especially in areas where the project is failing. The Government state that they will simply mitigate habitat loss with the plantation of additional new habitat in future, but that does not go far enough. On a number of occasions the Government have pledged to leave the environment better than they found it, as we all know. However, with destructive and unnecessary actions, such as netting and felling, especially at the wrong time of year, the Government’s pledge is obviously just empty rhetoric.

Labour Members know that conservation is very important to the public. It has an impact on farming and on ensuring that the richness of nature can be enjoyed by all, and we are strongly committed to improving the environment. In that regard, we believe that the Government have to be far more accountable for the actions of HS2 Ltd, especially as the company is at the early stages of a very large programme that will affect significant parts of the country.

By ensuring that the Government must produce a report, the new clause also seeks to provide the Government with a responsibility to set out how they will mitigate the actions that are being taken. I will provide a few examples. Although not common practice, can trees be excavated and moved, especially with a focus on the 27 veteran trees that line the phase 2a route? What wildlife corridors will be built during the construction of HS2 to allow small mammals, other animals and birds to move away from the construction zone? The Bill is silent on that, yet we know that wildlife, whether birds or animals, needs clear corridors that support the wider existence of species. To disrupt those corridors without taking steps to provide alternatives is negligent, yet the Bill is silent on that.

By calling for the Government to be accountable to Parliament on these issues, we will build confidence among MPs and residents that the Government are undertaking due diligence on these important factors, which, I am afraid to say, they have failed to demonstrate to date. It is worth adding that if our new clause is agreed, HS2 Ltd would be more accountable to the House, which I am sure we would all wish to see.

Section (2)(a) focuses on ancient woodlands, especially the points that will not form the actual HS2 route but will be used during construction, as we discussed this morning. The new clause calls for additional consideration to be made to ensure that trees are protected in these areas, since there is more latitude to avoid felling so many trees and removing so much of the natural environment. We believe that the Government, with HS2 Ltd, should ensure that any construction route and the site itself minimises the destruction of natural habitats and, where alternatives can be found, they must be found, including reducing the size of the construction sites to an absolute minimum.

I am sure that the Minister will understand Labour’s concerns, which have also been stressed during the petitions stage of the Bill. Although I know that different tunnelling arrangements were scrutinised at the petitions stage—Labour would seriously consider this, especially around Whitmore—we understand that the majority on the Select Committee determined that the costs would be prohibitive and therefore there is already a far greater cost to our natural environment to be paid. This was agreed at petitions stage.

Labour would approach this project differently. However, I am sure that the Minister will understand why I have brought forward the new clause and why we believe, sadly, that she is not doing enough to mitigate the harm that the Government’s approach to HS2 will cause to the natural environment.

[Ms Ghani]

I accept the hon. Gentleman’s comments about ensuring that we have complete confidence in the project along its entire route. I agree that wildlife is important, as are trees and ancient trees. However, all his points are covered by the environmental statement, which, at 11,000 pages, is incredibly extensive. That is why I do not believe that we need another layer of reporting on a statement that is already out there. The environmental statement has been scrutinised independently and by the Select Committee, which has made its own decisions.

We have committed in our response to the Select Committee’s third special report that, in order to protect birds, we will provide bird diverters on new power lines near Parkgate, working with the West Midlands Bird Club. We continue to work with the environmental roundtable on these important issues. The Bill has taken into account the effect on wildlife, especially rare and protected species. A balance has to be struck between taking individual landowner’s property and providing land for mitigation.

I remind the hon. Gentleman that all the issues he has raised are already in the 11,000-page document. For that reason, I believe that he should withdraw the new clause.

[Matt Rodda]

I am grateful to the Minister for giving such a detailed reply and for the work on the bird diverters, which is a step forward. I appreciate that some work has been done on this already. However, on the points that we have made and on the new clause, I would like to press this to a vote.

Question put, That the clause be read a Second time.

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[Matt Rodda]

I beg to move, That the clause be read a Second time.

Opposition Members believe that there has been a serious modal shift in how we use freight in developments. We continually hear the Government talk about modal shift in transport, but there is no mention in the Bill of how to ensure that. For Committee members who are not familiar with this transport terminology, modal shift means a shift from one mode of transport to another, such as from road to rail. Labour does not stand in the way of development but seeks to mitigate its impact, which is why we tabled the new clause.

Rail can be the main driver of change. In the light of all construction sites’ heavy dependency on heavy goods vehicles, and from discussions that my colleagues and I have had with Network Rail and others, we know that rail freight can be better utilised, and it is important to demonstrate that on such an important infrastructure project as HS2. Rail lines will be laid, and it is important, wherever possible throughout the Bill, to utilise rail for the movement of aggregates and materials. We are talking about a major rail infrastructure project, so the logic that rail should supply aggregates and minerals should certainly be considered. There will clearly be no lines at the commencement of the project, but over time the opportunity will arise.

Likewise, it is more sustainable for HS2 to source and move aggregates and material as far as possible by rail, and to use HGVs only for the final part of a journey. Equally, sourcing materials and aggregates as close as possible to the development site would also reduce the expected carbon emissions. Such an approach would also reduce congestion and lessen the impact on air pollution in the local vicinity. That demonstrates good practice in what can be achieved on such a major infrastructure project and can form the basis for a change of approach by the Government when undertaking such major works across the country.

Likewise, materials should remain on the site, or as close as possible to the site, to minimise transport movements. Laying a report before Parliament within a year of the Bill’s passage would provide ample opportunity for HS2 Ltd to work with the Government to establish better construction practices.

[Ms Ghani]

We recognise the impact that numerous road traffic movements have on local communities. As such, the promoter has proposed numerous highway works and temporary construction haul routes to alleviate that number. The Secretary of State has also given commitments relating to the implementation of these alleviating works and to restricting the use of certain roads for HGV movements. Equally, the strategies for reusing materials to reduce the volume of aggregate necessary to be moved are under continual review. The promoter published its borrow pit review, which outlines the severe reduction in necessary vehicle movements that backfilling and reusing of spoil takes off the road network.

The new clause is not needed. The environmental statement assumes and allows for the delivery of materials, plant and other equipment to construction compounds on the traditional rail network. It contains the working assumption that:

“Wherever reasonably practicable, the rail network will be used in preference to public roads.”

All traffic modelling has included that assumption. In this way, the environmental statement reports to Parliament our preference for transporting the goods, as outlined in the new clause, by rail rather than road. We have already assessed that there is a benefit in transporting all this material by rail, rather than road, and will seek to do that as far as possible. As with the previous new clause, virtually nothing will have changed between the publication of the environmental information and one year post Royal Assent. That is precisely what we have done on the borrow pits of phase 2a, to reduce the distance that aggregates have to travel. We have also put forward a proposed line of route to further reduce lorry movements. The new clause is therefore not needed and should be withdrawn.

[Matt Rodda]

I am grateful to the Minister for highlighting that commitment on the sourcing of aggregates. That is a helpful step forward, given the significant volumes of aggregates that are needed. The Government have once again talked a good game, but we would prefer to have further scrutiny of this important issue. I therefore wish to press the new clause to a vote.

Question put, That the clause be read a Second time.

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[Matt Rodda]

I beg to move, That the clause be read a Second time.

I thank my hon. Friends the Members for Ipswich (Sandy Martin) and for East Lothian (Martin Whitfield), who attended the petitions hearings of the Select Committee on the High Speed Rail (West Midlands - Crewe) Bill as members of that Committee, and who shared with our shadow Transport team their concerns about how this route will affect active travel. As shadow Minister with responsibility for active travel—walking and cycling—I share those concerns, which is why we tabled the new clause.

It is inevitable that major construction projects will cause an element of disruption to journeys, and inconvenience to cyclists and, to an even greater extent, walkers, but diversions can have a real impact. If a car has to divert for a few miles to cross the HS2 construction site or the final HS2 line, that will add to its journey and its carbon footprint. If a cyclist does the same, it could add considerable time to their journey. It is worse for pedestrians; it could result in hours of extra time.

We tabled the new clause because we need to encourage active travel much more in this country; as was said, the Government are not meeting their targets for it. They have far more to do in this area. The new clause asks the Government to consider the factors further, and to report to Parliament within a year of the Bill’s passing into law. Subsection (2) highlights the need to have regard to not only routes that traverse the rail line, but those that run adjacent to it, which could also be affected. The Government missed a significant opportunity in failing to create a cycle path along the HS2 route. In many continental countries, major roads and rail lines have cycle paths parallel to them; once there is access to the land, it is an obvious choice to make.

Cycle routes are increasingly popular; they are the most direct route, away from car and lorry use. A segregated north-south cycle route adjacent to the line, but obviously some distance away from the line’s boundary, would have been an important legacy of the HS2 project. There would have been very little extra cost, in the light of the scale of this enormous construction project. Again, we ask the Government to show more concern for walkers and cyclists by considering the issue and reporting back to Parliament within a year of the enactment of the Bill.

[Ms Ghani]

Contrary to what the new clause suggests, I do not agree that we have not looked into or provided for non-motorised use. Let me give the hon. Gentleman some examples. On the particular part of HS2 that we are here to scrutinise, we have offered assurances to Cycling UK that some footpaths will be made more suitable for people who cycle or ride horses, so that local users of those public rights of way can seek, through the appropriate local planning process, to have those upgraded routes redesigned.

Yesterday, in response to the Transport Committee’s third special report on the Bill, we committed to working with Colwich parish council as it seeks funding from the recently announced £21 million Sustrans fund, and from funds that I announced last year. Phase 2a’s own £5 million community engagement fund and business and local economy fund are also available to improve towpaths, which will improve local walking and cycling facilities. I also announced the £6.5 million road safety fund, which provides even more money to support local initiatives for cycling and walking and for other non-motorised users.

Once again, I refer back to the environmental statement, because it covers most of the points raised. The report focuses on the impact of construction operations on cycling and walking. We have looked into the potential disruption in great detail in every area where it will occur along the phase 2a route. We have reported the likely effects and the proposed steps to mitigate those effects in the environmental statement. I refer the hon. Gentleman in particular to the community area report in that statement, which goes into detail on each part of the route. In that assessment, we included the likely effects on other non-motorised users of public rights of ways, such as horse riders, as is appropriate for works in a rural area, and steps for their mitigation.

There is a report, mitigations are taking place and there is engagement with local communities. The new clause is not needed and should be withdrawn.

[Matt Rodda]

I appreciate the Minister coming back on this issue. However, yet again the scale of ambition is very limited, and there is arguably far too little mitigation. A cycle path along the length of the HS2 route would have been a huge enhancement for the country at a time when we are failing to meet our cycling and walking targets; not having that shows a lack of ambition. I will press the new clause to a vote.

Question put, That the clause be read a Second time.

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[Ms Ghani]

The hon. Gentleman raises a very important point, and it is vital that HS2 engages fully with residents and deals with them swiftly, clearly and with humility. As this is such a sensitive issue, and no doubt many people will focus on it, I will take a moment or two to respond.

Most types of tenants affected by the scheme are already provided for under current compensation law. Where they are not, the Government can use flexible, non-statutory arrangements to provide support. Where the law is silent, the Government have committed to taking forward appropriate measures in discussion with stakeholders and residents, should it be necessary to do so. Matters of tenant compensation are complex, because they depend on an individual’s tenancy arrangements. However, I will endeavour to summarise briefly the support that is available. I will outline the legal position, the comprehensive non-statutory schemes that the Government have developed to assist property owners who are affected by HS2, and the work that the Government are taking forward following parliamentary scrutiny of high-speed rail hybrid Bills.

The elements of compensation payable are set by the Ministry of Housing, Communities and Local Government, and apply to all Government-led infrastructure projects, including HS2. The HS2 scheme applies these arrangements, which have been debated, agreed and set by Parliament, together with the vast body of case law on the subject. Compensation is based on the principle of financial equivalence: the person affected should be financially compensated with no less and no more than what they have lost. Compensation due to tenants is therefore commensurate with their interests and the land they occupy; for example, if a private tenant property is subject to compulsory purchase, the tenant should be eligible for various heads of claim that comprise the market value of the leasehold interest in the land. They might also be eligible for a home loss payment for the loss of their home, and for reasonable moving costs.

The key part of the non-statutory arrangements is a consideration of atypical properties and special circumstances. These are established, funded arrangements that apply to tenants as well as property owners. I am pleased to say that in response to concerns raised by the phase 2a Commons Committee, the Government have committed to improving guidance on those atypical arrangements and raising awareness and accessibility, so that we can continue to provide the right support at the right time to people who need to use them. The Government have also been charged with developing a non-statutory prolonged disruption scheme in response to the phase 1 Lords Committee’s concerns on this subject. The Government intend shortly to release details of the scheme, which will assist residents who have different types of tenure, and who are affected by significant construction noise across the HS2 route.

Finally, in response to concerns raised by the phase 2a Commons Committee, the Government have committed to taking forward three strands of work on compensation for owners of houseboats and other types of moveable home. The first is to explore whether there is a case for bringing houseboats into line with caravans on statutory home loss payment entitlement. The second is to establish whether there is a case for introducing regulations to compensate houseboat residents who are affected by significant noise disturbance from rail works. The third is to explore the potential use of non-statutory compensation measures in advance of legislation being introduced, should the case for change be established. The Government are committed to taking forward appropriate measures in discussion with stakeholders and affected residents.

In conclusion, I believe the Government’s established non-statutory arrangements, which are as broad and inclusive as possible, are an appropriate and flexible tool to support all types of residents affected by the HS2 scheme. That is why I believe the proposed new clause is unnecessary, and I would urge the hon. Gentleman to withdraw it.

[Matt Rodda]

I thank the Minister for her response, and for mentioning the legal principles of the compensation scheme. As she said, however, the Government’s response is still a work in progress. For that reason, and because of the serious public concern about rented properties, I will press the new clause to a vote.

Question put, That the clause be read a Second time.

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[Matt Rodda]

I beg to move, That the clause be read a Second time.

The new clause follows an inquiry at the petitions stage of the Bill that there was no remit to consider at that stage. Hon. Members will have heard that the kind of tracking used can have a significant impact on cost, including long-term maintenance costs, and the noise of the railway. It also has an impact on the speed at which trains travel. As the route has been singled out as providing high-speed rail travel, it is right that the Government work with engineers on the issue.

Although using slabs on the rail line is believed to be more expensive initially, it could prove much more efficient in the long term than using sleepers because it is low-maintenance. Across Europe and beyond, modern railway infrastructure projects are changing, and it is common for slab track to be preferred to sleepers. This short new clause asks the Government to assess the cost, efficiency and impact of that approach.

[Ms Ghani]

I do not see the need for the new clause. Again, the environmental statement assesses a reasonable worst case for the impacts of construction and operation of the railway. That includes so-called slab track, and track laid on ballast, or sleeper track. To comply with the environmental minimum requirements, the type of track used must be within the reasonable worst-case impact assessed in the environmental statement.

HS2 is one of the most scrutinised pieces of legislation to pass through the House—it even has its own Select Committee—and there are several other opportunities throughout the year for an inquiry to take place. There is constant reporting to Parliament and justifications for why decisions are taken. Reporting to Parliament obviously matters, and it takes place, but constant discussions about cost add another layer of financial burden and bureaucracy when the reports are already in place. The new clause is not needed and should be withdrawn.

[Matt Rodda]

I appreciate the Minister’s response. We will not press the new clause to a vote, so I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 6

Quarterly reports on environmental impact, costs and progress

‘(1) The Secretary of State must publish quarterly reports on the scheduled works throughout the period in which those works take place.

(2) Each such report must contain an assessment of—

(a) environmental impact;

(b) costs; and

(c) progress compared to the scheduled timetable.

(3) The first such report must be laid before Parliament within the period ending three months after the day the scheduled works commence.

(4) Each subsequent report must be laid before Parliament within three months of the publication of the last report under this section.’—(Matt Rodda.)

Brought up, and read the First time.

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There is a serious skills shortage across the country in the sectors and vital trades and professions needed to deliver these ambitious programmes. The situation is likely to become more challenging with an aging population and, indeed, with Brexit. It is vital, therefore, that we map delivery against those factors so that early interventions can be made to mitigate the risks of a lack of skills. We therefore call for a quarterly report to be laid before Parliament.

[Ms Ghani]

That was such a wide-ranging speech that I fear it fell out of the scope of the line-by-line scrutiny of this Bill. However, I will do my best to address as many of the issues as possible. It was slightly difficult to follow the hon. Member for Reading East, because on the one hand he says that he supports the project, but on the other he wants to throw everything into the basket to undermine it. He asserted that the costs keep rising, but that simply is not the case. The total funding envelope for HS2 remains at £55.7 billion in 2015 prices. The Department is keeping a firm grip on costs, and HS2 Ltd is working with its supply chain to ensure that that continues. I advise the hon. Gentleman that if he wants to ensure that costs are kept low, undermining the project and the supply chain is not the way to go about it.

The hon. Gentleman spoke about ensuring value for money. We will make a full business case, including assessment at the point of notice to proceed. That will also ensure that we are fully integrated, taking into account the needs of Northern Powerhouse Rail. [Interruption.]

[The Chair]

Order. We must now suspend the sitting for a Division in the House.

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On resuming—

[Ms Ghani]

I return to highlighting how important this line is and the fact that it has to adhere to a single budget. Of course, without HS2 there would not be Northern Powerhouse Rail, because it requires the infrastructure for HS2.

Before I address some of the issues raised about climate change, I remind the hon. Member for Reading East that travelling by rail is the most efficient way to travel. It is a good form of transport because it means that passengers do not fill up lots of cars on the motorway or take flight. The hon. Gentleman threw down the gauntlet on a number of issues relating to carbon impacts; he gave me the right to reply in writing, but I may have the answers in front of me, so I will do my best to respond.

Compared with most other transport modes, high-speed rail offers some of the lowest carbon emissions per passenger kilometre, significantly less than cars and planes. As an annual average, the scheme’s carbon footprint over the course of the construction period will represent less than 1% of the UK’s annual construction carbon footprint. The scheme is expected to save 419,000 tonnes of carbon dioxide emissions through modal shift in transport—that was a very good term that the hon. Gentleman used—with approximately 364,000 tonnes saved as a result of road, rail and domestic air passengers switching to high-speed rail, and 55,000 tonnes saved as a result of road freight moving on to existing rail lines due to released capacity from the scheme. Over the 120-year design life of the scheme, the net carbon emission reduction from modal shift is estimated at minus 307,000 tonnes.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

The Minister makes an important point about the benefits of modal shift. It is important that we have a national aspiration to integrate all the United Kingdom’s core cities with high-speed rail networks, and this is a significant step in that direction. However, on a good day, flying from Glasgow to London takes me three hours from door to door. It is clear that even with these improvements, the journey from Glasgow to London by rail will still take three hours and 40 minutes. It needs to be below three hours. What will the Minister do to advance that national objective?

[Ms Ghani]

There will be a reduced journey time on high-speed rail, which will open up capacity on existing railway lines. It will also shift people from roads or flights to rail, which is incredibly important. We will continue to invest north of London. This is just one way of ensuring that the journey becomes far more integrated, but I know that the hon. Gentleman would like it to become even faster. Considering that it has taken us so long to get high-speed rail up and running, who knows what will come in the next iteration? However, I do take his point.

Let me return to the important point about skills that the hon. Member for Reading East raised. At present, there are 9,000 people working on high-speed rail, with more than 2,000 businesses already involved in the chain. The hon. Gentleman raised an important point about how we will reach the 30,000 people who will be required to build the railway; that is why we have two colleges set up to improve the technical and academic skills of people working on the railway line, from design to construction.

Having made all those arguments, I really do not understand the need for new clause 6. The issue of quarterly reporting has been raised, but HS2 Ltd already provides annual reports to Parliament, as required by the DFT-HS2 Ltd framework document. I believe that that level of reporting is proportionate and sufficient. The project is bound not to exceed the likely significant environmental effects assessed for the scheme, as reported to Parliament. As part of HS2 Ltd’s sustainability policy, an environmental management system will be developed that will set out the procedure to plan and monitor compliance with environmental legislation; the record-keeping arrangements, including reports to my Department; and the procedures that will be put in place to monitor compliance with the Bill’s environmental provisions.

There is so much scrutiny and accountability that separate quarterly reporting would be excessive and burdensome to the Department. There are already reports out there; if the 11,000-page report were read fully, I believe it would answer a number of the questions that have been raised so far. I do not believe that there is any need for the new clause. It should be withdrawn.

[Matt Rodda]

It is interesting to listen to a Minister trying to justify providing a lack of information to Parliament. For a programme of this scale—it is utterly huge and encompasses not only the Department for Transport, but many other parts of the public sector and a large supply chain—internal reports will obviously be produced much more regularly than the annual report that the Minister described. Given the scale of the programme, the significant investment of public money and the need for the Executive to be held to account by Parliament so that the public can see that their money is being spent well, surely it is only common sense to make the reporting public on a quarterly basis.

Separate evidence will be available internally. I am sure that people at HS2 will produce thousands of Gantt charts and other forms of reporting for internal and departmental use; having worked as a civil servant on much smaller programmes, I am sure that that information is there. Surely it is incumbent on the Government to provide Parliament with a much more regular update so that it can properly scrutinise spending such large amounts of public money.

On the point about the environment, I am grateful for the Minister’s lovely commercial for rail travel, which I fully support. We absolutely value investment in high-speed rail, which the Labour party sees as a huge step forward for the country, but the Minister only partially addressed the specific point about the amount of carbon produced during the construction stages. Will she write to the shadow Rail Minister, my hon. Friend the Member for York Central (Rachael Maskell), to provide more detailed points about the specifics of the carbon produced during the construction period? The use of heavy goods vehicles—particularly if road freight is used, as we discussed earlier—and of aggregates and other materials can be carbon intensive. It would be wise to consider ways of reducing that carbon impact as the programme is rolled forward.

On the final point about skills, we fully support the investment in the two colleges. That is an important part of developing a skilled workforce in the areas the line crosses. However, we ask the Government to carry out more forward planning and to consider this as an even greater opportunity to develop a highly skilled workforce for the future, given the scale of the programme and the geographical spread of the line, particularly as it runs through many relatively disadvantaged communities, whether they be isolated rural communities with limited local employment or urban city centres. On that basis, we call for a Division on this new clause.

Question put, That the clause be read a Second time.

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[Ms Ghani]

The hon. Gentleman raised some important points. I agree with him that we need strong community engagement and good public engagement, and that the response has to be flexible and responsive.

Let me remind the hon. Gentleman what HS2 is actually doing. This was one of the trickiest parts of my brief when I took over as Minister for HS2, because I wanted to ensure that HS2’s community engagement was on point, especially as further and deeper construction work takes place. The commitment to public engagement is evidenced by the community engagement strategy and the biannual community engagement progress report. For example, in 2018 more than 36,000 people attended over 2,200 engagement activities, including meetings, drop-ins and events across the whole of the HS2 route. The 24/7 help desk dealt with 26,697 inquiries, and nine out of 10 complaints were dealt with within 20 working days or fewer. I constantly put pressure on HS2 Ltd to ensure that it is working as effectively and with as much humility as possible.

Further, as a Minister I have secured meetings in Parliament between Members and HS2, sometimes with constituents. The hon. Gentleman may not be aware of this, so I put on the record that there is an independent construction commissioner and residents’ commissioner. The residents’ commissioner also gave evidence to the Select Committee. A substantial amount of public engagement is already taking place. That must continue and be of good quality. There must be speedy responses to the public’s concerns, in a way that they can understand and digest, given the level of engagement already taking place and the fact that the Secretary of State has made a number of commitments to continue to engage with all stakeholders. All of that information can be found on the HS2 website. It is published online, as is the register of undertakings and assurances.

Of course, we should never take anything for granted and HS2 Ltd should continue to work as closely as possible with the communities that require further assurance or changes in lifestyle. It needs to work with them as efficiently as it can. Considering all the work that is already taking place and will take place, I believe that the new clause is unnecessary and should be withdrawn.

[Matt Rodda]

I am grateful to the Minister for running through the existing engagement strategy and, indeed, the volume of correspondence and engagement that has taken place. However, it is somewhat disappointing that the Government are still not pursuing this through regulations and are not putting it on a statutory footing. We will therefore press the new clause to a vote.

Question put, That the clause be read a Second time.

High Speed Rail (West Midlands - Crewe) Bill

Nusrat Ghani Excerpts

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Monday 15th July 2019 Commons Chamber

[Mr Paterson]

I agree. There were questions about its original cost of £32 billion. We are now at £55 billion and looking at £100 billion. We know categorically that we would massively improve the productivity of every single human being in this country if we had full fibre broadband.

I am not prepared to vote for the Labour party amendments. I thought they were good when I first skimmed through them, but they place no consequential requirements on the Government. If the Government do not support my hon. Friend the Member for Eddisbury’s amendment, I will vote for it, if she presses it. I am also minded to change my opinion of the whole project, mindful that my constituents have not been given satisfaction and mindful that their lives will be turned upside down for a long period by this project, and to vote against the Bill on Third Reading unless I hear otherwise from the Minister.

[The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)]

It has been a pleasure to hear so many passionate speeches about the power of transport to transform the outcomes of our constituencies and our country. Even though there have been some strong speeches from Members who have HS2 running through their patches—obviously they defend their patches and constituents—we have heard too about the transformative nature of HS2.

There is no denying that HS2 is a large infrastructure project—it is the largest of its kind in Europe—but it is also absolutely key as it links up eight of our 10 great cities. It will be transformative not only because it will increase capacity and reduce the time it takes to reach eight of our top 10 cities, but because, along the way, it will smash the north-south divide, creating jobs and opportunities for people in the midlands and the north.

I need to respond to quite a few Members and go through each of the new clauses, so I will be as swift as I can. I thank the shadow Minister for her comments supporting the project as a whole and her recognition of the number of jobs that will be created along the route and in the supply chain. At the peak, there will be 30,000 jobs, most of them outside London. I also welcome the comments about the urgent need to get on and deliver this vital infrastructure project and about how it is about not just speed but capacity.

I could talk about my passion for the project, but I thought it might be relevant, considering that we are sitting here in the middle of London talking about those who are supportive of HS2 and those who are critical of it, if I mentioned voices that do not often get mentioned in the Chamber. The Birmingham chamber of commerce has said:

“HS2 is a game changer for our region as Birmingham will proudly sit at the centre of a brand new network”.

Judith Blake from Leeds City Council said:

“HS2 will be transformational for Leeds and the region”.

Leader of Derby City Council, Chris Poulter, said:

“Whist I’m aware that there have been some concerns about the impact of HS2; we mustn’t lose sight of the benefits to Derby, and the wider Midlands area.”

There was also a fantastic article put together by the leaders of Manchester, Leeds and Newcastle and the Mayors of Greater Manchester and the Liverpool city region. These people represent 15.4 million people, and they say there is no realistic alternative to the delivery of HS2, which we know is key to delivering Northern Powerhouse Rail as well. I am concerned that sometimes the criticism comes from so far south. We should focus on the needs and aspirations of people in the midlands and the north.

[Mr Wragg]

I am probably as much from the north as Andy Burnham—I am from Greater Manchester—and I am critical of HS2 today. Although my constituents are unaffected, they are none the less aware of the scale of the increase in the expenditure and would consider it a waste of money as much as any Member from the south.

[Ms Ghani]

The people I mentioned have all made it very clear that they do not think it is a waste of money. I can confirm for my hon. Friend and others that there is only one budget for HS2, and it is £55.7 billion. The bit we are talking about today, phase 2a, is £3.5 billion. The benefit-cost ratio is £2.30 for every £1 spent. There will always be people—we have heard some today—who will never support the project because of its impact in their constituencies, but we must not deny the positive impact it will have on the whole of our country.

I want to take a moment to refer to some of the contributions to the debate before I get to the new clauses. I know that hon. Members will be listening very closely to the words I use. My hon. Friend the Member for Stafford (Jeremy Lefroy) has been an incredibly passionate advocate for his constituency. I wanted to mention his staff member who has spent years dealing with constituent complaints, but I forgot his name.

[Jeremy Lefroy]

His name is James Cantrell. I am sure his situation is the same as that of staff in many other colleagues’ constituency offices.

[Ms Ghani]

I want to put on the record my thanks to James for doing such fantastic work. My hon. Friend raised an important point. It should not be up to Members and their staff to continually liaise between HS2 and their constituents. It is HS2’s job to ensure that the community engagement is appropriate and done with humility and that cases are dealt with swiftly.

My hon. Friend once again challenged the budget. As I said, it is £55.7 billion. It is the job not only of the Department but of the chairman and the CEO to keep budgets tight. He also talked about spoil and its impact on traffic in his constituency. It is expected that 92% of excavated material generated by phase 2A will be used across the HS2 route and that 4% will be directed to local placement along the route. I am more than happy to meet him again to go through his issues and will make sure that Highways England is in the room as well. He mentioned three cases—the golf club, Hopton and Hanchurch. I have an update on all three and am more than happy to put them in writing to save time on the Floor of the House. If he wishes to meet, I can also provide him with an update then, but progress is being made. I understand from my notes that they are more or less satisfied with the arrangements made with HS2.

I welcome the support of my hon. Friend the Member for Copeland (Trudy Harrison). I agree about the transformative nature of public transport and its impact on national prosperity, which is why we are making such a significant investment in our railways. I remind her, because I know it is incredibly important to Copeland, that there will be more than £2.9 billion of trans-Pennine rail upgrades—the single biggest project commitment in control period 6.

My hon. Friend the Member for Congleton (Fiona Bruce) asked repeatedly what HS2 would do for her constituency. At its peak, there will be more than 300,000 people travelling daily on this line. It will connect eight of our top 10 cities. Two technical colleges are already in place to make sure that our youngsters and older people who want to reskill have a job for life. It will connect our country. I completely understand, as a constituency Member, how Members should and must fight for the best deal for their constituents, but this will be a transformative project. All the cases raised today by Members on both sides of the House of where HS2 Ltd is not acting as swiftly as it could be have been put on the record, and I will do my best to take forward any cases that remain undealt with.

I hesitate to respond to my hon. Friend the Member for Lichfield (Michael Fabricant) in case he makes a passionate intervention, but I cannot see him in the Chamber. No doubt he will come back in. I thank the hon. Member for Crewe and Nantwich (Laura Smith) for her support for the Bill. She referred to businesses. There are 2,000 businesses already involved on the line and 9,000 people working on the line, and 98% of the businesses involved in HS2 are small and medium-sized enterprises.[Official Report, 16 July 2019, Vol. 663, c. 8MC.] I have personally tasked HS2 with making sure that it makes it an easier process for smaller businesses to bid for projects. I want this project to transform not just large but small businesses, making it easier for them to pitch for work.

The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) spoke about investment in the north. I was lucky enough to be in the Chamber earlier with the Rail Minister, my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones), and I can confirm that we are investing more than £40 billion in our existing network. Network Rail estimates that about 100 cities and towns could benefit from new or improved rail connections as a result of HS2. As some of the passionate speakers have noted today, it is not an either/or project; we need HS2 as well as continued investment in our rail and road network.

I do not see my hon. Friend the Member for Stone (Sir William Cash) in the Chamber, so I will move on. As I am running out of time, I will now deal with the new clauses. I welcomed what the hon. Member for York Central (Rachael Maskell) said about new clause 1, but I do not recognise the need for quarterly reporting. I think that once I have explained why, she will agree with me.

Let me first say something about the environment. The project is already bound not to exceed the likely significant environmental effects that were assessed and reported to Parliament. The environmental statement clearly sets out our approach to the monitoring, reporting and mitigation of environmental impacts during the construction of the phase 2a scheme, and follows industry best practice. Most important, the monitoring and reporting of individual environmental impacts must be tailored to the impacts in question. During phase 1 we are already publishing monthly and annual reports setting out compliance with air quality and dust commitments, and similar monthly reports on noise and vibration impacts are published.

Subject to Royal Assent, local environmental and management plans will be developed for each local authority along the phase 2a route. They will explain how the scheme will adapt to and deliver the required environmental and community protection measures in each local authority area. If we make a decision here today, we will tie the hands of local authorities, which will not be able to engage in important discussions. We should not, here in London, impose something separate and arbitrary that may not be locally appropriate. When authorities have those conversations with HS2 Ltd, they can make arrangements to receive monthly reports.

Contractors working for HS2 Ltd will be required to comply with the measures in the local environmental management plans in order to meet the environmental minimum requirements. HS2 Ltd will also consult statutory agencies and independent experts, such as the HS2 ecological review group, which will advise on the monitoring regime and report impacts on ecology and biodiversity. The hon. Lady said a lot about the need for local engagement, local empowerment and monthly reports. All that can and will take place if we allow it to happen, as it has in relation to other parts of the line. She may not have been aware that that was happening, but I think she will agree that if we accept her new clause we will not only increase costs, but create an unintended consequence whereby local authorities will lose their monthly reporting.

New clause 2 proposes a compensation scheme for tenants. We discussed that in the Public Bill Committee on 25 June, when I responded to a similar proposal. As I said then, the starting point is that the land compensation code does not shut out those who hold land, whatever the duration of their tenancies. It does not bar them from compensation. We have a responsibility to be absolutely accurate when we are talking about policies and the support that is provided. We may make people even more nervous about coming forward if they do not know what measures are available.

Most types of tenancy are already provided for under existing compensation, if they are impacted by the scheme. When they are not, the Government can use their flexible, non-statutory compensation arrangements to provide support where appropriate in a typical case, which is the category into which most of these cases will fall. The amount of compensation payable is set by the Ministry of Housing, Communities and Local Government. It applies to all Government-led infrastructure projects, and not just to HS2. Those arrangements have been debated, agreed and set by Parliament, together with a vast body of case law on the subject.

The hon. Lady may not be aware that HS2 Ltd has published a useful information note—“C15: guide to compensation for short term residential tenants”—which covers atypical cases. I am more than happy to sit down with her and explain it. I am also more than happy to ensure that, if necessary, the position is communicated to local community engagement forums as effectively as possible. I have previously hosted events in the House to enable Members on both sides of the House to manage particular scenarios with their constituents.

[Dame Cheryl Gillan]

I apologise for missing the start of the Minister’s speech. I was chairing a debate in Westminster Hall.

Can the Minister assure me that the property registers and the holdings of properties will be accurate? I was recently given two lists of properties in my constituency that had been bought by HS2 Ltd, and they did not match. Properties that were missing from the second list had appeared on another list some years earlier. Can the Minister assure me that she will update the property registers, and will ensure that they are accurate in the first place?

[Ms Ghani]

My right hon. Friend has raised the important issue of transparency and the need for data to be up to date. Members of Parliament who are working hard for their constituents need to know exactly what data they are speaking about. I shall be happy to ensure that any case that my right hon. Friend raises is dealt with by HS2 Ltd, and also to ensure that there is even greater clarity about the compensation packages that are available.

Let me now deal with new clause 4. Phase 2a has been under independent scrutiny since its conception. All elements of high-speed rail have been subject to scrutiny since the outset, not least in the House, through the petitioning process, through Public Bill Committee scrutiny and debate, and also through independent scrutiny conducted by the Infrastructure and Projects Authority and the National Audit Office.

Let me assure the House that, while HS2 is making huge progress in supporting 9,000 jobs across the country and being backed by businesses and business leaders in the midlands and the north, we will continue to scrutinise the project. HS2 will boost economic growth across the UK, and we are already seeing the benefits in the midlands and the north. However, I do not see the benefits of a further environmental assessment, given that we have already consulted extensively. That includes a seven-month consultation on the route back in 2013, a scope and methodology consultation in preparation for the environmental impact assessment in 2016, a consultation on the working draft of the environmental impact assessment—also in 2016—a consultation on the environmental statement deposited alongside the Bill in 2017, and two more consultations on the environmental statement and supplementary environmental statement alongside the additional Bill provisions in 2018 and 2019.

I hope Members agree that a huge amount of scrutiny has already taken place. There is also a board, which was strengthened last year by a new chairman, Allan Cook, who works closely with the executive to review the capability and capacity of HS2. It is the job of the chair and the board to ensure that the entire programme continues under scrutiny. I do not see what more another review will achieve, apart from adding another layer of bureaucracy and another cost, given that there have already been so many.

Let me now deal briefly with new clause 5. I thank my hon. Friend the Member for Eddisbury (Antoinette Sandbach) for being so patient. She has cited some very complicated cases, some of which have taken a long time to resolve. I can only apologise on behalf of HS2 Ltd if it has not worked as efficiently as possible with her constituents, or in providing information about local schools.

[Mr Paterson]

Will the Minister give way?

[Ms Ghani]

Very briefly.

[Mr Paterson]

If my hon. Friend the Member for Eddisbury (Antoinette Sandbach) presses her new clause, will the Government encourage other Members to support it? While I have the Minister’s attention, may I also ask her to address my point about schedule 17, which deals with the Town and Country Planning Act 1990? The local council must give permission for more than 24 heavy vehicles per day to travel down a route. My constituents in Woore will be afflicted by 300 per day.

[Ms Ghani]

I completely understand my right hon. Friend’s frustration with the impact that the build is having on his constituency, but I am sure that he and his council would agree that this is better done sooner rather than later. I am more than happy to sit down with him to go through the lorry movements in his constituency.

On new clause 5, I assure my hon. Friend the Member for Eddisbury that non-disclosure agreements are used for good reason, and not for any underhand purposes. I hope that when I list some of the good reasons for their use, she will understand—[Interruption.]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. The Minister is trying to address points made in the debate, so it would be appreciated if we could listen to what the Minister is saying; there is a lot of chatter.

[Ms Ghani]

Thank you, Madam Deputy Speaker. The NDAs that HS2 has are fundamentally to ensure that it can continue to work with businesses, communities and local authorities on issues that are competitive and sensitive. They enable conversations with companies and local authorities about options under consideration. They allow HS2 Ltd to make better recommendations to Government, and to develop better proposals, because it has had access to the right information when making decisions.

We must not forget that NDAs provide value to the taxpayer by reducing uncertainty and by helping to reduce generalised blight. For example, HS2 Ltd entered into such agreements with local authorities in the early stages of exploring route options. I am more than prepared to ensure that HS2 Ltd, if it is able to, sits down with my hon. Friend the Member for Eddisbury and goes through every NDA case that she wants to bring forward. HS2 Ltd is not exempt from the national whistleblowing policy in primary legislation. It has not entered into any NDAs with any HS2 staff.

[Antoinette Sandbach]

HS2 has a number of subcontractors and contractors, and it has entered into NDAs with them. Under my new clause, an independent assessor would assess past NDAs. HS2 is incapable of even saying, in reply to a freedom of information request, how many NDAs it has. Given that it cannot comply with that request, I am concerned that the Minister is not in receipt of full, accurate information.

[Ms Ghani]

I would uphold my hon. Friend’s concerns if they were valid. As I have said to her, HS2 Ltd has not entered into any non-disclosure agreements with HS2 staff, but when it is business-critical, it needs to be able to have confidential conversations. Agencies have to agree to NDAs. There are also processes in place; two sets of legal teams provide review. I am not sure that my hon. Friend wants an outcome in which a third legal team is put in place. That will not really help what she is trying to achieve, which is ensuring that HS2 does not have one-on-one NDAs; there are none of those with staff on the project.

[Mr Ivan Lewis]

Will the Minister confirm that what she said to the House a few moments ago is true—that no former member of HS2 staff has an element of non-disclosure in their redundancy package?

[Ms Ghani]

I cannot speculate on why people are made redundant. I can confirm that no member of staff is subject to a non-disclosure agreement.

[Antoinette Sandbach]

The Minister has explained why it is important for the efficiency of HS2 that it should have NDAs, but does she think that is right if it comes at the cost of constituents being able to respond to consultations? What if, for example, a council is withholding information under an NDA, or if employees who are at risk of losing their jobs at an affected site find that their company is covered by an NDA, and information cannot be disclosed to them? The NDA must surely be subject to a public interest test.

[Ms Ghani]

I feel that my hon. Friend is talking about particular cases in her constituency, on which I am more than happy to provide further information. I will work with her to ensure that she is able to represent her constituents, and that they get satisfactory responses from HS2 Ltd. It takes part in many local engagement events; it has met several thousand residents up and down the country. I do not believe that new clause 5 will deliver what she is asking for.

[John Redwood]

Will my hon. Friend give way?

[Ms Ghani]

I am running out of time; forgive me.

New clause 5 would slow down the process, and I do not think that it would work effectively. There is already a statutory framework in place for HS2, which includes the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. The new clause is designed to prevent HS2 Ltd from acting as a commercial organisation, and tries to prevent it allocating most of its money, which, I remind everyone in the House, is from the public purse, directly to the programme. Unfortunately, I therefore cannot support the new clause tabled by my hon. Friend the Member for Eddisbury.

[Rachael Maskell]

I have listened carefully to the Minister, and in the light of the power of our new clause 4, I withdraw new clause 1.

Clause, by leave, withdrawn.

New Clause 4

Independent peer review

‘(1) The Secretary of State must commission an independent peer review of the High Speed Rail (West Midlands to Crewe) project.

(2) The review must include consideration of the project’s—

(a) environmental impact,

(b) economic impact,

(c) engineering, and

(d) governance.

(3) In this section, “independent” means it is carried out by persons who are independent of—

(a) Government,

(b) HS2 Ltd, and

(c) persons contracted or subcontracted to carry out the scheduled works.

(4) In this section, a “peer review” is a review conducted by experts of equivalent professional qualifications, expertise and standing to the persons responsible for each aspect of the project set out in subsection (2).

(5) A report of the review in subsection (1) must be laid before the House of Commons within 12 months of this Act receiving Royal Assent.’—(Rachael Maskell.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Madam Deputy Speaker (Dame Rosie Winterton)]

I can now inform the House that I have completed certification of the Bill, as required by the Standing Order. I have confirmed the view expressed in Mr Speaker’s provisional certificate, issued on 24 January 2018. Copies of my final certificate will be made available in the Vote Office and on the parliamentary website.

Under Standing Order No. 83M, a consent motion is therefore required for the Bill to proceed. Copies of the motion are now available. Does the Minister intend to move the consent motion?

[Ms Ghani]

indicated assent.

The House forthwith resolved itself into the Legislative Grand Committee (England) (Standing Order No. 83M(3)).

[Dame Rosie Winterton in the Chair]

--- Later in debate ---

[Ms Ghani]

I beg to move, That the Bill be now read the Third time.

In 2015, the Government decided to accelerate the construction of the section of High Speed 2 between the west midlands and Crewe. This has become known as phase 2a. Our intention is to open this section of railway earlier than the rest of phase 2, to start bringing the benefits of the new railway to the north as soon as we can. Today, we can give an unequivocal statement that we are investing in our rail network, and in the midlands and north of England. This House has already given its backing to the building of phase 1 of High Speed 2, paving the way for the first new railway north of London in more than 100 years. Our creaking rail network, which the Victorians took the bold step of building, has continued to serve us well, perhaps beyond the dreams of the visionaries who brought it to us. However, it is bursting at the seams, with more passengers than ever before, and certainly more than were ever envisioned. We have exhausted the options for just “improving” our existing west coast main line; 60% of the peak capacity from the £9 billion west coast route modernisation project, completed as recently as 2008, had already been used by 2014, so we can have no more sticking plasters.

I am delighted that the Bill for phase 1 received cross-party support. High Speed 2 was a 2017 manifesto commitment of not just my party but Her Majesty’s official Opposition. We all recognise that High Speed 2 is needed, not least because it will reduce congestion on our important rail transport arteries—it will also increase capacity. Adding an entirely new line between the west midlands and Crewe will increase capacity elsewhere on our existing rail network.

[Michael Fabricant]

rose—

[Ms Ghani]

I will be delighted to give way to my hon. Friend, as I referenced him earlier, but he was not in the Chamber.

[Michael Fabricant]

I think that if my hon. Friend, and she is my friend, had been in the Chamber earlier, she would have heard a number of interventions. May I invite her to check Hansard? Perhaps she is forgetting that I was in the Chamber. Perhaps now I should ask my question. She will know that there is no direct benefit to Lichfield, because the train does not stop in the area. She will also know, because I gave her a copy of a motion that was passed by Lichfield District Council, that it asks that

“all enabling works for HS2 in Lichfield District should be paused until the notice to proceed to main works…has been approved.”

It has not been approved yet and will not be until December. May I ask her to comment on that and reassure my local council that no works will go on in the district?

--- Later in debate ---

[Madam Deputy Speaker]

I thank the hon. Gentleman for that point of order. I think we should now probably just resume the debate.

[Ms Ghani]

I am not sure who is chastised there, Madam Deputy Speaker, but I am pleased to see that my hon. Friend is in his place. The notice to proceed and the business case will be in the public domain later this year, which is why we need to have enabling works, so that they support the “pre” work that needs to take place before the line can be built. I know that my hon. Friend loves progress and speed, and he would like our country to be seen as a progressive country that connects cities to cities. He will want to see this line built as fast as possible and he would never want to be held responsible for slowing it down.

[Steve McCabe]

The Minister will no doubt be aware, as are other Members, of how often the hon. Member for Lichfield (Michael Fabricant) likes to refer in this Chamber to the wise words of the Mayor for the West Midlands Combined Authority. Does the Minister think he may be interested to know that when I met the Mayor this morning he was extolling the virtues of HS2, and insisting how important it was for his work and for the benefit of the entire region?

[Ms Ghani]

The hon. Gentleman raises an important point, which gives me an opportunity to put on the record the phenomenal support that Andy Street gives this project. I do not doubt that my hon. Friend the Member for Lichfield will have to try to deal with that later on.

[Several hon. Members rose—]

[Ms Ghani]

I am afraid that I am going to have speed on and perhaps not take any more interventions.

As I have said before, the intention is to smash the north-south divide. This line is about progress, opportunity and skilled jobs, and radically improving connectivity between not just London and the midlands, but the midlands and the great cities of the north—it is about connecting eight of our 10 largest cities. This is more growth in the UK economy, more skilled jobs and more opportunities. In particular, these new opportunities will be brought to the midlands and the north earlier than before.

We debated the principle of the Bill thoroughly on Second Reading in January 2018, when we voted overwhelmingly for the Bill and commended it to a special Select Committee. As we know, phase 2a will take HS2 to the north. It is the enabler for phase 2b and the northern powerhouse rail. I must take a moment to thank my hon. Friend the Member for Rochford and Southend East (James Duddridge), who ran the Committee that oversaw that work on this phase of the Bill. The Committee received 302 petitions, which it had to work through. I apologise for not mentioning him during our earlier debate and I hope he will recognise our recognition of and respect for all the work undertaken by him in chairing that Committee.

As we know, the phase 2a Bill will help to take this project even further north and it is the enabler for phase 2b and the northern powerhouse rail. Without this section of the line, we cannot make progress towards a three-hour journey time to Scotland. Colleagues from across the House will know how much support there is for these two projects among business and local authorities.

I have said it before and I will say it again: there is no either/or between the second phase of High Speed 2 and northern powerhouse rail. High Speed 2 is vital to the provision of the network improvements that northern powerhouse rail will build on. I encourage all Members of this House to visit the places benefiting from High Speed 2 to hear the enthusiasm for the project—these include Birmingham, which I have no doubt my hon. Friend the Member for Lichfield will be visiting soon— and to hear about the ambitious growth strategies at first hand. Leeds intends to use High Speed 2 to almost double the size of its city centre. The east midlands wants to use Toton to attract new homes and jobs; the Toton innovation campus has the potential for up to 10,000 new jobs to be created. Manchester’s continued prosperity can be ensured by High Speed 2 trains calling at Manchester Airport and Manchester Piccadilly. None of that is possible without the support for this legislation today.

This short section of railway will take trains beyond Birmingham, bringing the High Speed 2 network one step closer and unlocking phase 2b and northern powerhouse rail. We must not forget the two bespoke colleges, one in Doncaster and one in Birmingham, which are enabling more skilled young and older people to continue to build for our country. I do believe that we are responsible for bringing economic growth to our regions, and that is exactly what HS2 does, as well as improving capacity and connectivity between our great cities. I do believe we should be steadfast in unlocking the investment this project will bring. I, for one, want to look forward and be ambitious on behalf of our country. I want us to succeed as a nation, on the back of a high-speed, interconnected railway line. I urge you, Madam Deputy Speaker, my colleagues and the rest of the House to help support the next stage of HS2 railway by positively supporting the Third Reading of this Bill. I commend it to the House.