Hybrid Bill Procedure

John Bercow Excerpts

Wednesday 26th June 2013 Commons Chamber

[The Leader of the House of Commons (Mr Andrew Lansley)]

I beg to move,

That the following Standing Order (Private Business) be made:

224A. “Comments on environmental statement

(1) This order applies to any government bill in relation to which the Examiner decides Standing Orders 4 to 68 are applicable and in relation to which an environmental statement is required to be deposited under Standing Order 27A.

(2) In this order:

(a) “the relevant Minister” means the Minister of the Crown with responsibility for the bill;

(b) “the environmental statement” means the environmental information originally

deposited by the relevant Minister in relation to the bill for the purpose of Standing Order 27A;

(c) “supplementary environmental information” means any additional environmental information deposited by the relevant Minister, after the deposit of the environmental statement, to supplement that statement for the purpose of meeting the requirements of any EU Directive relating to environmental impact assessment.

(3) The notice published under Standing Order 10 in relation to the bill shall state that any person who wishes to make comments on the environmental statement should send them to the relevant Minister in such manner and on or before such date as shall be specified by the relevant Minister in the notice, that date being no earlier than the 56th day after the first publication of the notice.

(4) For the purpose of Standing Order 224 paragraph (3) shall be treated as one of the Standing Orders compliance with which must be examined by the Examiner.

(5) The relevant Minister shall, in such form as may be specified by the Examiner, publish and deposit in the Private Bill Office any comments received by him in accordance with this order and shall also submit those comments to the independent assessor appointed under paragraph (6) below. The relevant Minister shall deposit a certificate in the Private Bill Office setting out the date on which all comments have been received by the independent assessor.

(6) (a) If the bill originated in this House and if comments are received on the

environmental statement in accordance with this order:

i. a report shall be prepared by an independent assessor summarising the issues

raised by those comments;

ii. the Examiner shall appoint the independent assessor within the period for commenting on the environmental statement prescribed by paragraph (3) above;

iii. the assessor shall be instructed to prepare the report within such period as the Examiner shall specify, the end of that period being no earlier than the 28th day after the date certified by the relevant Minister, in accordance with paragraph (5) above, as the date on which the assessor received all of the comments from the relevant Minister;

iv. before specifying a period in accordance with sub-sub-paragraph (iii) above, the Examiner shall consult the relevant Minister on the length of this period;

v. the Examiner shall submit the report of the assessor to the House.

(b) If a report is submitted to the House in accordance with sub-paragraph (a)(v) above, the Examiner has leave to submit the report of the assessor to the House of Lords.

(7) If paragraph (6) above is applied, the bill shall not receive a second reading until at least 14 days after the report of the independent assessor on the comments on the environmental statement has been submitted to the House.

(8) If any supplementary environmental information is deposited in relation to the bill:

(a) it shall be prefaced with a statement that the information is being deposited as supplementary information under this order;

(b) the requirements of Standing Order 27A in relation to the deposit of copies of the environmental statement shall apply to the supplementary environmental information;

(c) copies of the supplementary environmental information shall be made available for inspection and sale at the offices prescribed by Standing Order 27A(6);

(d) notice shall be published in accordance with Standing Order 10 (save in respect of dates) above stating that any person who wishes to make comments on the supplementary environmental information should send them to the relevant Minister in such manner and within such period as may be specified in the notice, the end of that period being no earlier than the 42nd day after the date of the first publication of the notice;

(e) paragraphs (5) and (6) above shall have effect in relation to any comments received on any supplementary environmental information deposited in this House as they apply to comments received on the environmental statement and irrespective of the bill’s House of origin;

(f) the examiner shall examine and report to the House whether or not paragraphs (8)(a) to (d) have been complied with and Standing Order 224 shall apply to that examination.

(g) the bill shall not receive a third reading in this House or, if supplementary environmental information has been submitted before second reading, second reading in this House until at least 14 days after the assessor’s report on the comments on the supplementary environmental information has been submitted to the House.

(9) At third reading of the bill the relevant Minister shall set out:

(a) the main reasons and considerations upon which Parliament is invited to give consent to the project to be authorised by the bill;

(b) the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project.

A written statement setting out this information shall be laid before this House not less than 7 days before third reading.

(10) The costs of the assessor and also the costs of the process of appointing an assessor, incurred by the House by virtue of paragraphs (6) and (8)(e) above, shall be reimbursed by the government.

(11) For the avoidance of doubt, any supplementary environmental information accompanying an amendment to a bill which, if the bill were a private bill, would require a petition for an additional provision shall be subject to paragraph (8) above and not paragraph (3) or (7) above”.

[Mr Speaker]

With this it will be convenient to discuss the following:

That, in respect of any bill relating to High Speed 2 that is read the first time in Session 2013-14 and to which the standing orders relating to private business are found by the Examiners of Petitions for Private Bills to apply, it shall be sufficient compliance with:

(a) any requirement under those standing orders for a document to be deposited or delivered at, or sent to, an office of a government department, body or person if it is deposited or delivered at, sent to or otherwise made accessible at that office in electronic form;

(b) any requirement under those standing orders for a document to be deposited with an officer if it is deposited with or delivered, sent or otherwise made accessible to that officer in electronic form;

(c) any requirement under those standing orders for a document to be made available for inspection at a prescribed office, or to permit a document to be inspected, if it is made available for inspection at that office, or is permitted to be inspected, in electronic form;

(d) the requirement under Standing Order 27(4) or 36(3) relating to private business to permit a person to make copies of a document or extracts from it, if there is provided to that person, on request and within a reasonable time, copies of so much of it as the person may reasonably require and such copies may, if the person so agrees, be provided in electronic form;

(e) the requirement under Standing Order 27(4) relating to private business for a memorial to be made on every document deposited under that Standing Order, if the memorial is made on a separate document;

(f) any requirement under Standing Order 4A(1), 27A(6) or 224A(8) relating to private business to make a document available for sale at prescribed offices, if it is made available for sale at an office in London.

That this Order shall not affect any requirement under those standing orders to deposit any document at, or deliver any document to, the Private Bill Office or the Vote Office.

That any reference in those standing orders to a document which is deposited, lodged, delivered or sent under those standing orders includes a reference to a document which is so deposited, delivered or sent in electronic form.

That any reference to a document in this order includes a reference to any bill, plan, section, book of reference, ordnance map, environmental or other statement or estimate.

[Mr Lansley]

As the House heard during the previous debate, the Government are introducing a hybrid Bill to Parliament later this year to allow consideration of whether the powers to construct, operate and maintain the HS2 scheme should be granted. Given the significance of this decision it will be clear to the House that it is essential that Parliament have the means in place to support effective decision making in relation to the Bill. However, it has been a while since the last hybrid Bill and some of the rules governing this process are now out of date. Therefore, the motions I am moving today will update this parliamentary procedure. If I may, I will explain them to the House. I believe that the House will not find them objectionable.

On the motion for electronic deposit, the House may be aware that, along with the HS2 hybrid Bill later this year, we will provide Parliament with the environmental statement. This will set out the likely significant environmental effects of the scheme and put forward proposals for alleviating them. For a project of this magnitude, there is a considerable level of detail involved. We expect the statement to be up to 50,000 pages long. It is of course important that communities can easily find out what the impact will be on their local area. However, current Standing Orders require us to deposit a hard copy of that document to every local authority area along the line of route. It is estimated that each document would weigh up to 1 tonne in that form. In this day and age, that is inconvenient for the communities involved and wasteful of Government resources. That is why our first motion allows for the electronic deposit of bill documentation for the HS2 hybrid Bill. That will make it easier for communities across the line of route to find the information most relevant to their area without having to work through an enormous document. It will also make it easier for local authorities, including parish councils, to meet their obligations to make the information available for public inspection.

It should also be noted that this is a permissive power. It does not require documents to be deposited in electronic format only. HS2 Ltd is clear that if a deposit location wants all the documents in hard copy, they can have them in hard copy. In all cases, HS2 Ltd will make available the key documents in hard copy, such as the Bill and the non-technical summary of the environmental statement.