Network Rail

John Bercow Excerpts

Thursday 25th June 2015 Commons Chamber

[Mr McLoughlin]

My hon. Friend’s area does get the advantage of the 115 new train sets—1,140 carriages—for the Thameslink programme, which will have a massive impact on his constituents. I accept that there is growing pressure for more services right across the country, but huge amounts of investment are already being made and what I am doing today is making sure that both the fare-paying passengers and the taxpayer are getting the best value for the money that they are investing in our railways.

[Mr Speaker]

I am most grateful to the Secretary of State and to colleagues. Before we embark on the next business—the general debate—I should mention in passing that by my calculation no fewer than half a dozen hon. Members who will be seeking to catch the eye of the Chair in the course of the debate are not yet present in the Chamber. [Interruption.] The Secretary of State rightly, as a parliamentary veteran, looks duly shocked by that, and I hope that at this very moment they are beetling along towards the Chamber. It is worth gently making the point that it is a very well-established expectation that a Member who wishes to speak in a debate should in almost all circumstances, and certainly unless he or she has given notice otherwise, be present at the start to hear the opening speeches.

Oral Answers to Questions

John Bercow Excerpts

Thursday 11th June 2015 Commons Chamber

[Marie Rimmer (St Helens South and Whiston) (Lab)]

Will the Minister tell us what progress has been made by the Government to ensure the affordability of bus travel for young people, particularly when, after September 2015, young people must attend work-based training or education until their 18th birthday—and bus travel is simply unaffordable now for many such young people?

[Mr Speaker]

Also, it can potentially relieve road congestion.

[Mr McLoughlin]

That is an ingenious way of bringing the hon. Lady’s question into order, Mr Speaker. I absolutely agree with her about the importance of bus travel, and we have seen investment in buses. I am more than happy to discuss in greater detail with the hon. Lady some of her concerns about the accessibility to buses.

--- Later in debate ---

[Several hon. Members]

rose—

[Mr Speaker]

Order. Maximising the number of contributors demands brevity, which in any case is expected of topical questions. In looking for the textbook example of the genre, my gaze focuses on someone with 27 years’ service, who can provide the tutorial— Sir Gerald Howarth.

[Sir Gerald Howarth (Aldershot) (Con)]

As my right hon. Friend the Secretary of State knows, I am a practising aviator. Indeed, I believe I am the only Member of this House who performs aerobatics, and so I believe we can never have too many runways. In that spirit, may I ask him to assure the House that he has not ruled out additional runway capacity at both London Gatwick and London Heathrow?

--- Later in debate ---

[Mr McLoughlin]

Yes.

[Mr Speaker]

May I say to the Secretary of State, given my knowledge of the hon. Member for Shipley (Philip Davies), that he is very wise?

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The Secretary of State is aware that the funding for the coastguard tug currently stationed in Orkney is guaranteed only until the end of this financial year. Will he convene a round-table meeting, perhaps involving Scottish Ministers, local authorities and industry representatives, to see how we might find a way of keeping this most vital provision in place in the future?

--- Later in debate ---

[Mr McLoughlin]

I have used that service on a few occasions in the past year, and it has been very much welcomed. That funding is there for the duration of that contract and then we will look further at things once it comes to an end.

[Mr Speaker]

I call Mr Graham Allen. He is not here. I call Barry Gardiner.

[Barry Gardiner (Brent North) (Lab)]

The Woodland Trust has identified 43 ancient woodlands that are threatened by HS2. Will the Secretary of State advise the House of the measures he will take in the ambitious infrastructure roll-out programme he talked about earlier to protect further bodies of ancient woodland?

[Several hon. Members]

rose—

[Mr Speaker]

I am sorry to disappoint colleagues; the demand is greater than ever, which is a very healthy phenomenon, but I am afraid that supply is finite.

Oral Answers to Questions

John Bercow Excerpts

Thursday 5th March 2015 Commons Chamber

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Many stations in Yorkshire and the north will be affected by HS2. Has the Minister seen the startling information blogged this morning by Tom Edwards, the BBC transport correspondent, that evidence to the HS2 Committee suggests that hidden costs will raise the overall cost of the HS2 project from £50 billion to £138 billion? Are the Government misleading this country about just how much this folly of HS2 is going to cost?

[Mr Speaker]

I am not sure that what the hon. Gentleman said is as closely related to the terms of the question as he would have wanted, but the Minister is a dexterous character.

[Claire Perry]

I did not see the information because I was on the phone to the chief executive of Network Rail. A budget is a budget. Unlike the hon. Gentleman’s Government, this Government have a track record of bringing in major infrastructure projects such as the Olympics on budget and on time.

--- Later in debate ---

[Mr Hayes]

You know, Mr Speaker, that Ruskin said that quality is never an accident and always involves intelligent effort, and my hon. Friend’s effort has been intelligence at its very height. He is right that this road, which runs alongside Hadrian’s wall, is an important route, for the reasons he gave—for the well-being of local people and the local economy. That is well understood by this Minister and by this Government.

[Mr Speaker]

From the Romans to Ruskin: the right hon. Gentleman, who is, by common consent in the House, an extraordinary individual, never disappoints.

[Tim Loughton (East Worthing and Shoreham) (Con)]

10. What recent progress has been made on the proposed improvements to the A27 between Worthing and Lancing.

--- Later in debate ---

[Several hon. Members]

rose—

[Mr Speaker]

Time is against us, but I call Mr Alan Reid.

[Mr Alan Reid (Argyll and Bute) (LD)]

Thank you, Mr Speaker. I am glad that Machrihanish is on the shortlist to become the UK’s first spaceport. It is far from any centres of population, it has a 3-km runway and the facilities of an RAF base, and I believe that it is the ideal candidate. I hope that the Department for Transport will support Machrihanish’s case.

[Several hon. Members]

rose—

[Mr Speaker]

Order. I am sorry, but we must now move on.

The right hon. Member for Caithness, Sutherland and Easter Ross, representing the House of Commons Commission, was asked—

--- Later in debate ---

[Mr Hague]

It has been a very significant reform. Indeed, it is one of the most significant reforms since the establishment in 1979 of the Select Committee system as we know it today. Both that reform in 1979 and this reform in 2010 took place under Conservative Leaders of the House of Commons. Members across the House will continue to use the increased opportunities that are now provided for greater independence for Back-Bench Members, but consideration of what procedural changes are needed for that are really now matters for the next Parliament.

[Mr Speaker]

I confess that I have several ideas on that front. I will send the hon. Member for Daventry (Chris Heaton-Harris) a copy of my lecture to the Hansard Society of last Monday. If he fancies a cup of tea with me at any time I am happy to encourage him.

[Kelvin Hopkins (Luton North) (Lab)]

I speak as a member both of the Public Administration Committee and of the European Scrutiny Committee. Does the Leader of the House accept that the effectiveness of such Committees depends more on the Government responding to their conclusions and recommendations than on what the Select Committees do?

Infrastructure Bill [Lords]

John Bercow Excerpts

Monday 26th January 2015 Commons Chamber

[The Minister of State, Department for Transport (Mr John Hayes)]

I beg to move,

That the Order of 8 December 2014 (Infrastructure Bill [Lords] (Programme)) be varied as follows:

(1) Paragraphs (4) and (5) of the Order shall be omitted.

(2) Proceedings on Consideration shall be taken in the order shown in the first column of the following Table.

(3) The proceedings shall (so far as not previously concluded) be brought to a conclusion at the times specified in the second column of the Table.

[Mr Speaker]

It would have been a disappointment if the right hon. Gentleman had been planning to move it formally. The prospect of his customary lyricism is enticing indeed.

[Mr Hayes]

Mr Speaker, it is always a joy to perform in this Chamber under your benevolent stewardship, but a still greater joy to be able to move the programme motion on this important proposed legislation.

I will just say a word about the programme motion. It is important that we emphasise that, although we do not want to take up too much of the House’s time—this is a big subject—there is a range of subject matter contained in the Bill and the need to ensure effective and fair consideration of it is the basis of the programme motion. The House needs to be afforded sufficient time to debate all the Bill’s areas effectively. We considered the number of amendments and the strength of feeling among hon. Members to create a programme fit for the purpose of enabling the House to do so.

The programme motion accordingly provides until 5.30 pm to debate the new clauses and amendments relating to energy. Thereafter, it provides until 7.30 pm to debate the new clauses and amendments on environmental control of animal and plant species, and on planning, land and buildings. All other provisions, including those relating to strategic highways companies, will be considered until 9 pm.

In fairness, the Opposition raised the issue of needing more time on Report when the Government introduced new clauses and schedules in Committee. Given that the Government intend to remove the additional and, admittedly, late-in-the-day provisions on the electronic communications code, and that no amendments have been tabled against our new clauses on the Public Works Loan Commissioners, the reimbursement of persons who have met expenses in the electrical connections market and the mayoral development orders, I cannot see why they want time for further deliberation at this stage.

The Bill has so far been debated in the right spirit. Indeed, I would go further: the mature and measured consideration it was given on Second Reading and in Committee speaks well of the House and, if I may say so, of the Opposition. Their team scrutinised the Bill carefully and fully, but in a considered way, while not in any sense failing in their duty to test the Government’s arguments and to make good arguments of their own.

To that end and in that spirit, we have in turn listened carefully and taken on board some of the criticisms made of the Bill since its inception. In all the Bill does, it has evolved by a process of careful scrutiny, such as I have described. It has also moved forward because Governments need to think about the arguments made in this place and elsewhere when proposed legislation of such significance comes before the House.

It is in everyone’s interests to send a signal from this House that there is consensus on the Bill, and that we can deliver it on time. On that note, as a father might say to his young children, I say, “Don’t spoil it now.” Let us maintain that spirit and send out such a signal. Let us do right by the House, but right by the nation, too.

[Mr Speaker]

By any standards, the Minister of State is an extraordinary specimen of humanity, and I am sure we were delighted to hear him.

--- Later in debate ---

[Mrs Anne Main (St Albans) (Con)]

I am a little disappointed, because I wrote to the Public Bill Committee and asked whether it would consider an amendment, but I gather there was not time for it to do so. This is probably the only time I can raise the matter I want to mention today because, as the hon. Member for Birmingham, Northfield (Richard Burden) said, the debates will be quite crowded. When there are huge pieces of infrastructure work such as the proposed 3.5 million square foot rail freight development in my constituency, there is no obligation on developers at least to consider green, environmental measures. It is a loss that we will not get to debate that today.

[Mr Speaker]

Yes, but I think that probably relates to amendments that it might have been in someone’s mind to table, but which have not yet been tabled and do not relate directly to the programme motion. However, the hon. Lady has opted for an elastic interpretation of the terms of the motion, and she has got her points on the record, so I hope she is content.

Infrastructure Bill [Lords]

John Bercow Excerpts

Monday 26th January 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Energy and Climate Change (Amber Rudd)]

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

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 1— Hydraulic fracturing—

‘(1) The Environmental Permitting (England and Wales) Regulations 2010, Schedule 1, Part 2, Chapter 1, is amended as follows:

(2) After Section 1.2 insert—

“SECTION 1.3

Hydraulic Fracturing Activities

Part A(1)

(a) carrying out exploration or assessments prior to hydraulic fracturing;

(b) drilling wells for use in hydraulic fracturing;

(c) process of hydraulic fracturing;

(d) decommissioning and long-term maintenance of hydraulic fracturing wells.””

New clause 2—Shale gas extraction: devolution—

‘(1) The Scotland Act 1998 is amended as follows:

(2) In Schedule 5, Part II, section D2, after “gas other than through pipes,”, insert—

“( ) The licensing of onshore shale gas extraction underlying Scotland.

( ) Responsibility for mineral access rights for onshore extraction of shale gas in Scotland.””

New clause 4— Committee on Climate Change shale gas reports—

It shall be a duty of the Committee on Climate Change to produce Reports into the effects of exploitation of shale gas in the UK on net carbon emissions from the UK.”

New clause 6—Hydraulic Fracturing exclusion zones—

‘(1) The Petroleum Act 1998 is amended as follows.

(2) In Section 3, after subsection (4), insert—

“(5) No licences shall be granted to search and bore for petroleum in protected areas using the process of hydraulic fracturing.

(6) For the purposes of this section, “protected area” means—

(a) special areas of conservation under the Conservation (Natural Habitats, &c) Regulations 1994,

(b) special protection areas under the Wildlife and Countryside Act 1981,

(c) sites of special scientific interest under the Wildlife and Countryside Act 1981,

(d) national parks under the National Parks and Access to the Countryside Act 1949,

(e) The Broads under the Norfolk and Suffolk Broads Act 1988, and

(f) areas of outstanding natural beauty under the Countryside and Rights of Way Act 2000.”

New clause 7—Environmental Impact Assessment: publication—

“(1) Any Environmental Statement undertaken in respect of the possible exploitation of petroleum or deep geothermal energy, under the Town and Country Planning (Environmental Impact Assessment) Regulations 2011, must be publicised before a planning application is submitted to the local planning authority and/or the Secretary of State.

(2) The publication of an Environmental Statement under subsection (1) must be in accordance with the procedures set out in Article 13 of the Town and Country Planning (Development Management Procedure) (England) Order 2010.”

New clause 8— Impact on rural communities—

“The Secretary of State for Environment, Food and Rural Affairs must, within one month of this Act receiving Royal Assent, lay before the House of Commons the full report on Shale Gas Rural Economy Impacts.”

New clause 9— Moratorium on onshore unconventional petroleum—

“(1) All use of land for development consisting of the exploitation of unconventional petroleum in Great Britain shall be discontinued during the relevant period.

(2) The Secretary of State must ensure that an independent assessment is undertaken of the exploitation of unconventional petroleum in Great Britain including the use of high volume hydraulic fracturing.

(3) The assessment must take account of the impacts of the exploitation of the unconventional petroleum on—

(a) climate change;

(b) the environment;

(c) health and safety; and

(d) the economy.

(4) The Secretary of State must—

(a) consult such persons as the Secretary of State thinks fit; and

(b) publish the assessment

within the relevant period.

(5) For the purposes of subsections (1) to (4)—

“relevant period” means a period of not less than 18 months and not more than 30 months commencing on the date two months after Royal Assent;

“unconventional petroleum” means petroleum which does not flow readily to the wellbore.

(6) In section 3 of the Petroleum Act 1998, at the end of subsection (4) add “and subsection (4A).

“(4A) Nothing in this section permits the grant of a licence to search and bore for and get unconventional petroleum in Great Britain during the relevant period.

(4B) For the purposes of subsection (4A) “relevant period” and “unconventional petroleum” have the meaning specified in section [Moratorium on onshore unconventional petroleum] of the Infrastructure Act 2015.”

New clause 10— The security of supply of gas—

(1) The Secretary of State shall, in accordance with section 4AA of the Gas Act 1986 and so far as it appears to him practicable from time to time, keep under review whether further measures may be appropriate in order to protect the interests of existing and future consumers in relation to the security of the supply of gas to them.

(2) For the purposes of subsection (1), the Secretary of State may direct the Gas and Electricity Markets Authority to conduct a Significant Code Review in relation to whether modifications to licences granted under Part 1 of the Gas Act 1986 or to the Uniform Network Code are appropriate in order to underpin the demand for and the security of supply of gas.

(3) For the purposes of this section—

“consumers”, for the avoidance of doubt, includes domestic and non-domestic consumers;

“Significant Code Review” has the meaning given in Standard Special Condition A11 (24) of licences granted under section 7 of the Gas Act 1986;

“Uniform Network Code” means the document of that title required to be prepared pursuant to Standard Special Condition A11 of licences granted under section 7 of the Gas Act 1986.

New clause 11— Annual report by Secretary of State on security of energy supplies—

“(1) Section 172 of the Energy Act 2004 (annual report on security of energy supplies) is amended as follows.

(2) In subsection (2), at the end insert—

“(e) the security of supply of gas to consumers in Great Britain, including available storage capacity, and any appropriate remedial measures.””

New clause 19— Hydraulic fracturing: necessary conditions—

Any hydraulic fracturing activity can not take place:

(a) unless an environmental impact assessment has been carried out;

(b) unless independent inspections are carried out of the integrity of wells used;

(c) unless monitoring has been undertaken on the site over the previous 12 month period;

(d) unless site-by-site measurement, monitoring and public disclosure of existing and future fugitive emissions is carried out;

(e) in land which is located within the boundary of a groundwater source protection zone;

(f) within or under protected areas;

(g) in deep-level land at depths of less than 1,000 metres;

(h) unless planning authorities have considered the cumulative impact of hydraulic fracturing activities in the local area;

(i) unless a provision is made for community benefit schemes to be provided by companies engaged in the extraction of gas and oil rock;

(j) unless residents in the affected area are notified on an individual basis;

(k) unless substances used are subject to approval by the Environment Agency

(l) unless land is left in a condition required by the planning authority, and

(m) unless water companies are consulted by the planning authority.”

The purpose of this new clause is to ensure that shale gas exploration and extraction can only proceed with appropriate regulation and comprehensive monitoring and to ensure that any activity is consistent with climate change obligations and local environmental considerations.

Amendment 50, page 39, line 12 leave out clause 37.

This deletes the Clause that puts into primary legislation a new duty to maximise the economic recovery of UK oil and gas.

Amendment 68, in clause 37, page 39, line 17, leave out

“the objective of maximising the economic recovery of UK petroleum, in particular through”

and insert

“not the objective of maximising the economic recovery of UK petroleum but ensuring that fossil fuel emissions are limited to the carbon budgets advised by the Committee on Climate Change and introducing a moratorium on the hydraulic fracturing of shale gas deposits in order to reduce the risk of carbon budgets being breached, in particular through—”.

This reflects the conclusions from an inquiry into the Environmental risks of fracking by the Environmental Audit Committee, whose report is published on 26 January (Eighth Report, HC 856).

Amendment 73, page 39, line 31, at end insert—

“(3A) A strategy must be compatible with the Climate Change Act 2008.”

This would require strategies drawn up under clause 37 on maximising the economic recovery of oil and gas to be compatible with the Climate Change Act 2008, thereby avoiding the risk that the Secretary of State could, as a result of clause 37, be required to fulfil conflicting duties.

Amendment 51, page 45, line 22 leave out clauses 39 to 44.

This deletes the Clauses that seek to change the trespass law and introduce a new right to use deep-level land, which would allow fracking companies to drill beneath people’s homes and land without their permission and to leave any substance or infrastructure in the land.

Amendment 44, in clause 39, page 45, line 25, leave out

“petroleum or deep geothermal energy”

and insert—

“(a) petroleum; or

(b) deep geothermal energy.

“(1A) The right under (1)(a) only applies if the Committee on Climate Change’s most recent report under section (Committee on Climate Change Shale Gas Reports) concludes that shale gas exploitation leads to a net reduction of UK carbon emissions.

(1B) The carrying out of hydraulic fracturing in connection with the exploitation of unconventional petroleum is not allowed unless the Committee on Climate Change’s most recent report under section (Committee on Climate Change Shale Shale Gas Reports) concludes that shale gas exploitation leads to a net reduction of UK carbon emissions.”

Amendment 47, page 45, line 27, leave out from “if” to end of line 29 and insert—

“(a) it is deep-level land,

(b) it is within a landward area, and

(c) the well shaft is not within two kilometres of any village or town.”

Amendment 56, page 45, line 29, at end insert—

“(c) subject to the agreement of the owner of any land altered by the use.”

Amendment 83, page 45, line 29, at end insert—

“(c) outside:

(i) Special Areas of Conservation under the Conservation (Natural Habitats, &c.) Regulations 1994,

(ii) Special Protection Ares under the Wildlife and Countryside Act 1981,

(iii) Sites of Special Scientific Interest under the Wildlife and Countryside Act 1981,

(iv) National Parks under the National Parks and Access to the Countryside Act 1949,

(v) The Broads under the Norfolk and Suffolk Broads Act 1988, and

(vi) Areas of Outstanding Natural Beauty under section 82 of the Countryside and Rights of Way Act 2000.”

Amendment 117, page 45, line 29, at end add—

“(c) subject to the prior collation of existing environmental data and that data is published in a form that enables it to be subject to scientific peer review.”

Amendment 57, page 45, line 32, at end insert—

(a) The right of use shall be subject to the precautionary principle being applied;

(b) The Environment Agency will determine whether the condition under paragraph (a) has been met; and

(c) In this section, “precautionary principle” shall mean that no land is used for the purposes of exploiting petroleum or deep geothermal energy unless it is proved that it is not harmful to the environment.”

Amendment 3, page 45, line 33, leave out “300 metres” and insert “1,000 metres”.

Amendment 65, page 45, line 33, leave out “300 metres” and insert “950 metres”.

Government amendment 86.

Amendment 2, page 45, line 36, at end insert—

“(6) The Secretary of State shall, before the award of licences in relation to the use of deep-level land for onshore oil and gas exploration, issue additional planning guidance introducing a presumption against such developments within or under protected areas.”

Amendment 48, page 45, line 36, at end insert—

“(6) The Secretary of State shall prevent the exploitation of shale oil or gas if either a water company or the Environment Agency credibly asserts that to do otherwise would—

(a) create substantial risks to public health due to potential contamination of groundwaters from the extraction process; or

(b) create substantial risks to nearby surface waters due to potential contamination from flowback and waste water arising from hydraulic fracturing activity; or

(c) create substantial risks to the nearby environment due to potential contamination from flowback and waste water arising from hydraulic fracturing activity.”

Amendment 49, page 45, line 36, at end insert—

“(5A) The use of hydraulic fracturing in connection with the exploitation of unconventional petroleum shall be prohibited.

(5B) For the purposes of subsection (5A), “unconventional petroleum” means petroleum which does not flow readily to the wellbore.

(5C) In section 3 of the Petroleum Act 1998, at the end of subsection (4) add “and subsection (4A).

“(4A) Nothing in this section permits the grant of a licence to search and bore for and get unconventional petroleum in Great Britain.

(4B) For the purposes of subsection (4A), “unconventional petroleum” has the meaning set out in section 38(5B) of the Infrastructure Act [2015].””

This amendment would ban fracking (the use of high volume hydraulic fracturing to extract oil and gas) in the UK.

Amendment 66, page 45, line 36, at end insert—

“(6) This section shall not extend to Wales unless an order authorising it has been passed by the National Assembly for Wales.

(7) An order under subsection (6) may contain any conditions which the Assembly deems appropriate.”

Amendment 82, page 45, line 36, at end insert—

“(5A) The Secretary of State shall be required to commission and consider reports on—

(a) The cumulative impacts of water use in hydraulic fracking of exploratory and productive gas wells;

(b) The cumulative impacts of flowback and waste water arising from hydraulic fracking activity; and

(c) The cumulative impacts on communities of road and vehicle movements from hydraulic fracking activity

Before providing any permissions for exploitation of petroleum on deep level land where one or more exploitation facility exists within one mile of a proposed site.”

Amendment 60, in clause 40, page 46, line 6, at end insert—

“(f) any substance used for the purposes of paragraph (d) must be—

(i) approved by the Environment Agency; and

(ii) publicly declared by the operator.”

Amendment 1, page 46, line 17, at end insert—

“(3A) Before a well design is commenced or adopted in connection with the exploitation of petroleum, the right of use requires the Health and Safety Executive to inspect the well so as to satisfy itself that—

(a) so far as is reasonably practicable, there can be no unplanned escape of fluids from the well; and

(b) risks to the health and safety of persons from it or anything in it, or in strata to which it is connected, are as low as is reasonably practicable.

(3B) Where the Health and Safety Executive is satisfied that a condition in subsection (3A) is met, it shall give notice to the Secretary of State.

(3C) The Secretary of State shall publish the information received from the Health and Safety Executive in accordance with subsection (3A).”

Amendment 59, page 46, line 17, at end insert—

“(3A) The right of use shall be conditional on operators ensuring the—

(a) safe conveyance of wastewater from the site to a safe place of storage;

(b) effective treatment and disposal of wastewater from the site; and

(c) publication of the details of the treatment and disposal of wastewater under sub-paragraph (ii).”

Government amendment 87.

Amendment 78, in clause 41, page 46, line 41, leave out “may” and insert “shall”.

Amendment 79, page 46, line 44, leave out “may” and insert “shall”.

Amendment 61, page 47, line 2, at end insert—

“(c) to compulsorily purchase properties in the event of blight from the activities of the extraction and exploitation of petroleum and geothermal energy in deep-level land.”

Amendment 80, page 47, line 4, after “the”, insert “minimum”.

Amendment 81, page 47, line 5, after “payments”, insert

“which shall be calculated as a percentage of the gross value of the gas extracted”.

Amendment 62, in clause 42, page 47, line 19, leave out sub-paragraphs (i) and (ii) and insert

“to persons of specified descriptions”

Amendment 63, page 47, line 22, leave out “within the area” and insert

“on the Parish Council noticeboard”.

Amendment 64, page 47, line 24, at end insert—

“(2B) Failure to display or publish notice under the terms of subsection (2) will negate any right to exploit or extract petroleum or geothermal energy.”

Government amendments 88, 89, 90, 96, 97, 98, 99 and 103.

Amendment 69, title, line 10 leave out

“to make provision about maximising economic recovery of petroleum in the United Kingdom;”

This reflects the conclusions from an inquiry into the Environmental risks of fracking by the Environmental Audit Committee, whose report is published on 26 January (Eighth Report, HC 856).

[Amber Rudd]

I rise to speak to new clause 15 and amendments 98 and 103. Both shale gas and geothermal energy are exciting new energy resources for the UK, with the potential to provide greater energy security, growth and jobs, while also playing an important role in the transition to a low-carbon economy.

--- Later in debate ---

[Tom Greatrex]

On a point of order, Mr Speaker. Can you assist the House? The Minister seems to have suggested that an amendment is being made to the amendments before us. If that is the case, and what she has said about words being removed from the Bill is correct, will we have an opportunity to scrutinise that amendment?

[Mr Speaker]

I think that is a matter of the hon. Gentleman’s interpretation. For the avoidance of doubt, I must say that no manuscript amendment has been tabled. The normal course would have been for it to be tabled prior to the start of the debate, and it has not been. I think that the best course at this stage is for hon. Members in all parts of the House simply to listen to the Minister’s speech. [Interruption.] There is indeed no manuscript amendment—I do not think that I can be clearer.

[Miss McIntosh]

On a point of order, Mr Speaker. Is there, then, an amendment to that effect?

[Mr Speaker]

No amendment is required to prove that there is no amendment. That makes me think that the hon. Lady has been reading Heidegger—“the nothing noths”. There is no manuscript amendment, and consideration of this matter should not be clouded by thoughts of a manuscript amendment. I have been given no indication that there will be a manuscript amendment. It would be extraordinary, to put it mildly, for a manuscript amendment to be proposed or put forward for consideration by me or by professional advisers when the debate has already started. Things need to be dealt with in an orderly manner.

[Joan Walley]

On a point of order, Mr Speaker.

[Amber Rudd]

rose—

[Mr Speaker]

Order. I will take the point of order from the hon. Lady and then the Minister can either respond to that or continue her speech.

[Joan Walley]

Thank you, Mr Speaker. I think that the House would like some clarification as to whether what we are going to be voting on will be an overall ban. Members on both sides of the House have tabled many amendments seeking to bring that about. When, in an hour’s time, we vote on these amendments, we will not know whether we can be confident that the Government are really doing as they say. I would be grateful if the Minister, if not instantly, then in the next 45 minutes, could tell us what she is actually proposing.

[Mr Speaker]

Of course Members must listen to what the Minister has to say, but, for the avoidance of doubt, Members will be voting on that which is on the amendment paper. I do not mean this in any sense discourteously, but it is not for the Chair to seek to interpret amendments or new clauses, and I would not presume to do so. Each right hon. or hon. Member must make his or her own assessment of the merits or demerits, and implications, of new clauses and amendments and vote accordingly. We are voting only on what is on the amendment paper, not on that which is not on it. I call the Minister.

[Amber Rudd]

Thank you very much, Mr Speaker.

I will address new clause 7 on environmental impact assessments—EIAs—and new clause 19 and its various themes in turn. The Government share the desire expressed in new clause 7 and new clause 19(a) to ensure that the public are made fully aware of issues raised in EIAs before a planning application is submitted, and I can assure Members that this is the case. The comprehensive requirements for planning applications for which there is an environmental statement are already set out in article 13 of the Town and Country Planning (Development Management Procedure) (England) Order 2010, which requires that the environmental statement be publicised before a local planning authority can determine an application. Planning authorities are already required to ensure that mineral developments will not have unacceptable adverse impacts on the environment. Where a development is likely to have a significant effect, an EIA is required. If any significant environmental effects are identified that cannot be mitigated, planning permission can be refused.

This approach works well in practice and is consistent with our European obligations. It ensures that an EIA, which involves substantial work often taking up to a year to develop, is undertaken only where it adds value. However, the Government understand the need to build public confidence in the shale sector. We therefore welcome the reassurance provided by the industry’s public commitment to carry out EIAs for all exploration wells that involve hydraulic fracturing. The industry has made a further commitment to produce an annual report listing the shale sites that have produced an EIA.

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[Andrew Gwynne]

On a point of order, Mr Speaker. Will you please rule on the Minister’s view, because she seems to be confusing the Bill Committee with an Order in Council committee, which lasts a mere 90 minutes?

[Mr Speaker]

I do not think that that is a matter for the Chair. Members must make their own assessment. The hon. Gentleman has made his assessment. For all I know, he might beetle around the Chamber to share it with others, but people will form their own assessment. Let us hear the Minister’s oration.

[Amber Rudd]

Thank you for that clarification, Mr Speaker.

On the announcement I made in Committee, the Secretary of State for Environment, Food and Rural Affairs will direct the Environment Agency to require operators to undertake the three months’ baseline monitoring. That is a minimum of three months so, in practice, the Environment Agency may require a longer period of monitoring where appropriate.

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[Andrew Miller]

On a point of order, Mr Speaker.

[Mr Speaker]

I may be wrong, but I just have a slight sense that this might be a point not of order but of frustration. We will discover.

[Andrew Miller]

There is a lot of frustration in the debate, Mr Speaker. In Committee, the Government made an extraordinary statement that there were some issues around baseline monitoring that the Minister regards as commercial-in-confidence. That is why I have tabled the amendment. Would it not be helpful if the Minister answered that point now, while she is dealing with that measure, rather than simply moving on?

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[Andrew Miller]

No, but it is on the record.

[Mr Speaker]

All sorts of things are helpful and all sorts of things are unhelpful, but they usually have one thing in common: that none of them is a point of order.

[Amber Rudd]

Thank you, Mr Speaker. The hon. Gentleman is right and asks an interesting question. I reassure him that I have written to him and other members of the Committee about that point.

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[Mr Hayes]

rose—

[Mr Speaker]

The animation of the House knows no bounds when the right hon. Member for South Holland and The Deepings (Mr Hayes) seeks to take to the Dispatch Box.

Oral Answers to Questions

John Bercow Excerpts

Thursday 22nd January 2015 Commons Chamber

[Claire Perry]

Yes, of course.

[Mr Speaker]

I call Mr Simon Burns. [Interruption.] Mr Burns! [Laughter.]

[Mr Simon Burns (Chelmsford) (Con)]

Thank you, Mr Speaker. On the question of infrastructure, will my hon. Friend impress on Network Rail the importance of building the loop line north of Witham during control period 6 to ensure and enhance capacity on rail services from Liverpool Street to Chelmsford, Ipswich and Norwich?

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[Mr McLoughlin]

My hon. Friend may have plodded; I think I sprinted because I was late for the train. The simple fact is that, as he well knows, Network Rail is designing the project and is expected to start on site in the summer of 2016, which will, I hope, address some of the problems for his constituents that he has just outlined.

[Mr Speaker]

I was just reflecting on the alluring image of the Secretary of State sprinting.

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[Christopher Pincher (Tamworth) (Con)]

T4. I will meet the Minister of State, Department for Transport, my right hon. Friend the Member for South Holland and The Deepings (Mr Hayes) shortly, but will he heed the representations of Councillor David Salter and ask the Highways Agency to review the new design of the A5 Wall Island, which is still causing accidents, tailbacks and huge chaos for my constituents in Shenstone, Wall and Muckley Corner?

[Mr Speaker]

That was very long. We really have to speed up.

[Mr Hayes]

My hon. Friend has presented me with a diagrammatic representation: his original version was a cross between an egg timer and a peanut, but he has now given me a more detailed one. I am aware of the situation. As he will know, the Highways Agency spent £1.5 million on the scheme. Nevertheless, I know there remain problems and I am happy for him to meet with me and the Highways Agency to see if the problems can be solved.

--- Later in debate ---

[Mr Hayes]

My advice to the hon. Gentleman is that it is always better to be sharp than to be blunt, but that option is not available to him most of the time. The truth is that we have listened, because we want to move forward in a spirit of consensus. We know that it is vital to reform the code, and we want to do it properly. The Opposition made the case that we should withdraw it, think again and work with all concerned to make it work, but now when we do so, they criticise us. They cannot have it both ways.

[Mr Speaker]

Last but not least, I call Jeremy Lefroy.

[Jeremy Lefroy (Stafford) (Con)]

Will my right hon. Friend work with Staffordshire county council to tackle the long-term congestion problems in and around Stafford that are caused by, among many reasons, diversions from the M6 when it is blocked?

--- Later in debate ---

[Tom Brake]

I am sure that the hon. Lady will be aware that the outcome of Back-Bench debates is not binding on the Government. However, the Government have taken account of many Back-Bench debates. For instance, policy has changed on the issue of VAT on fuel for air ambulances, and on cheaper petrol and diesel following a motion tabled by my hon. Friend the Member for Harlow (Robert Halfon). Of course, there was also the successful campaign on the release of documents relating to Hillsborough.

[Mr Speaker]

I call Huw Irranca-Davies. Not here.

[Miss Anne McIntosh (Thirsk and Malton) (Con)]

May I, too, welcome the excellent work of the Backbench Business Committee, which has chosen debates that the hon. Member for North Tyneside (Mrs Glindon) and I have asked for on a number of reports by the Select Committee on Environment, Food and Rural Affairs? The strength of the Backbench Business Committee is that its time is for debating purposes, but will my right hon. Friend the Deputy Leader of the House consider the possibility of a debate either selected by the Backbench Business Committee or in Government time on how the House deals with the scrutiny of European Union matters? When an implementing regulation comes before the House, hon. Members should be allowed to amend as well as just debate it.

--- Later in debate ---

[Several hon. Members]

rose—

[Mr Speaker]

Order. It has been brought to my attention that following the Division yesterday on the ten-minute rule motion in which he acted as a Teller for the Noes, the hon. Member for Daventry (Chris Heaton-Harris) was listed as a supporter of the Bill, then introduced by the hon. Member for Selby and Ainsty (Nigel Adams). A Member whose name is to be announced as a supporter of a Bill should not vote or tell against the introduction of that Bill. That is contrary to the well-established principle of this House that a Member’s vote must agree with his voice. In line with previous rulings from this Chair, I must give directions that the hon. Member’s name be removed from the list of supporters of the Bill, and that the Journal be corrected accordingly.

Rail Network (Disruption)

John Bercow Excerpts

Monday 5th January 2015 Commons Chamber

[Mr McLoughlin]

Where was I at Christmas?

[Mr Speaker]

Order. The precise details of how the Secretary of State spent his Christmas are a matter for him, as they are for each of us individually. He is answering good-humouredly and should be given the opportunity to continue.

[Mr McLoughlin]

It will not surprise you, Mr Speaker, that I spent Christmas in Derbyshire, and I was in constant touch with Network Rail. Yes, I issued a statement on the Saturday—let me take the hon. Gentleman through these things: Christmas day was a Thursday, the problem occurred on Friday and I spoke to Mark Carne on the Friday and the Saturday and have spoken to him several times since the incident.

As I said earlier, this was the biggest set of engineering works taking place over Christmas. Is the hon. Gentleman saying that the Secretary of State should tell Network Rail which safety aspects and bits of engineering works it should not do? Is that the kind of micro-management we could expect from him? He needs to read Labour’s last policy document before he was appointed—he is the third shadow Secretary of State I have encountered since becoming Secretary of State, and he obviously cannot keep up with what has been said before. Previously, Labour has said that the Secretary of State should not micro-manage the industry. I agree.

Infrastructure Bill [Lords]

John Bercow Excerpts

Monday 8th December 2014 Commons Chamber

Second Reading

[Mr Speaker]

I must inform the House that I have selected amendment (b)—[Interruption.] Quite why that prompts an “Ooh!” from the hon. Member for Northampton North (Michael Ellis) is yet to be explained. The fact is that I have selected amendment (b) in the name of the Leader of the Opposition.

--- Later in debate ---

[Mr Hayes]

My hon. Friend’s insight is matched by his perspicacity; he anticipates the section of my speech—quite an exciting section, if I might say so—on precisely that matter.

Alongside this—

[Mr Speaker]

Order. I simply note, in passing, that the Minister of State has not offered his hon. Friend the Member for Hexham (Guy Opperman) a cup of tea or a biscuit, which he proffered generously in the direction of the hon. Member for Bassetlaw (John Mann). Whether the House will read anything into that, I do not know. Perhaps he has it in mind to present the hon. Member for Hexham with a copy of “Coningsby”, “Sybil”, “Tancred” or some other Disraelian creation. We do not know, but we will learn in due course.

[Mr Hayes]

I may have revealed a prejudice in favour of Nottinghamshire and Lincolnshire, which, as you know, Mr Speaker, are deeply ingrained on my heart. I will seek to counter that when my hon. Friend the Member for Hexham (Guy Opperman) next visits me.

Alongside the transformational investment, we propose to turn the Highways Agency into a Government-owned company, with the Secretary of State as its sole shareholder. The company will have stable, long-term funding that is set through a road investment strategy. Our ambitious programme of investment can be delivered only through a road operator that is fast and efficient and that provides a better service to road users. As a result, it will be able to plan ahead more effectively and deliver best value for money to the taxpayer. The changes are expected to save the taxpayer at least £2.6 billion over the next 10 years. Hon. Members will be familiar with the impact assessment that makes that clear.

The impact on the supply chain of creating a Government-owned company with greater certainty over funding and a clear relationship with Government will be positive. In the past, the construction industry has reacted to new spending on a case-by-case basis, and has not invested in the equipment and skills that would create long-term jobs in road construction.

If I may depart from my script at this point—although the Secretary of State will not worry about that, I can see that civil servants might, but I am going to do it anyway—I should say that I think there is a challenge in delivering this strategy. The Government can devise a strategy on the basis of the empiricism that I mentioned earlier. Bold Governments put money behind that, which is precisely what this brave and bold Government have done, but delivery will be a challenge and we will need to work with a whole range of organisations. The Highways Agency, of course, works with a number of private sector organisations. There are big issues relating to the supply chain and the skills necessary to make this happen. Those challenges would face any Government and they need to be considered carefully. They will require a new energy in respect of the acquisition and development of necessary skills. However, the Bill gives us the opportunity to do just that: the chance to give the construction industry the certainty it needs to invest in people and skills for the long term.

We have also listened and learned on a range of other issues. The British Transport police told us that the drafting of the Road Traffic Act 1988 did not allow it to require vehicle owners to disclose the identity of drivers who committed road traffic offences on the railway. We will change that. We have listened to calls to extend the BTP’s jurisdiction beyond the railway environment to help to protect people.

The provisions on invasive non-native species will allow our environmental officers to address the few cases each year where owners do not allow access to their land to eradicate new species that threaten to spread across the country. Invasive non-native species are estimated to cost the UK economy £1.8 billion a year. They are indiscriminate: they damage gardens, private land, public land, farmland and infrastructure sites.

We have introduced a number of measures designed to help to get Britain building. The small changes we are proposing speed up the approval of nationally significant infrastructure projects, such as the Thames tideway tunnel, road schemes and other major schemes, and will send a clear message to investors and developers that the steps to deliver transformational projects are as simple, sensible and straightforward as possible.

Those who believed that the coalition Government, with all the inevitable pressures and tensions, could not be bold, have been proved, wrong have they not? Among the many examples of boldness, some stand proud. Hinkley Point C, a scheme approved under the improved nationally significant infrastructure projects process, took 17 months to receive planning consent. That compares with more than six years for Sizewell B, including a public inquiry that lasted three years. We think we can do more and that we can improve on that. It is vital that we do so, because these schemes are hugely important. Hinkley Point C will deliver more than 900 skilled jobs for 60 years.

On deemed discharge, we have all seen a piece of land that has been bought, fenced off and ready to be developed, and felt a pang of frustration due to a seemingly inexplicable delay. The measures to discharge planning conditions will ensure that planning applications can get on and be delivered. The Government have already taken action. We have delivered a clear policy in the national planning policy framework and provided fresh guidance, but we need to go further. Recently, a major house builder identified that more than one third of its entire land bank was tied up in the planning system, awaiting reserved matters approval or the discharge of conditions. As a nation, we simply cannot afford to accept unnecessary delays to much-needed development that has already been subject to local scrutiny and granted planning permission.

Oral Answers to Questions

John Bercow Excerpts

Thursday 4th December 2014 Commons Chamber

[Mr Hayes]

Unusually, the right hon. Gentleman is being rather critical and negative, and it is not in his character to be so. The changes we are making at Dartford are important and forward-looking and they are succeeding. He is right about ensuring that all who need to pay do pay, and the progress report I can give the House today is that the changes introduced just a few days ago are on schedule, on time and in tune with the wishes of local people, who will get discounts, as he will know. By paying in advance, people will also pay less.

[Mr Speaker]

I am bound to say that I always regard the right hon. Gentleman as an English classicist, and to my mind the pronunciation “skedule” is an Americanism that I would not expect of him.

[Stephen Metcalfe (South Basildon and East Thurrock) (Con)]

Following the welcome introduction of free flow tolling and the Dart charge, a number of my constituents have experienced problems accessing the residents’ discount and transferring from the old system to the new. Will my right hon. Friend update the House on whether these are isolated incidents or whether there is a systemic problem?

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[Andrew Gwynne (Denton and Reddish) (Lab)]

One of the best ways of tackling road congestion is to have proper inter-modal integration. The Minister might know that the M60-M67 junction interchange at Denton is not just one of the most dangerous in the country but one of the most congested, and currently subject to pinch-point infrastructure works. Next to it is Denton station, which has the most pathetic rail service in the country, with just one train, in one direction only, once a week. Will he bang heads together at Northern Trains, Network Rail and Transport for Greater Manchester so that we can have a proper train service from Denton into Manchester, as that will be crucial as part of the northern hub work?

[Mr Speaker]

I was going to suggest that the hon. Gentleman apply for an Adjournment debate on the subject until I realised that he had already had it.

[Mr Hayes]

Not for the first time, Mr Speaker, you took the words out of my mouth. The hon. Gentleman suggests that, as far as rail in his constituency is concerned, you can get there but you cannot get back. He is absolutely right to say that we should look at such things in an integrated way, and this is not the first time he has raised the issue: he has raised it a number of times in the Chamber. If he looks at the plans we announced earlier this week, he will see that, in relation to rail, ports and roads, we are working on the sort of integration he describes, to make sure that all modes of transport fit.

--- Later in debate ---

[Mr Sheerman]

On a point of order, Mr Speaker. The right hon. Gentleman is misleading the House about my tweets!

[Mr Speaker]

I think the hon. Gentleman can raise his point of order, to which we look forward with eager anticipation, later on. We are saving him up—that is what we are doing.

[Andrew Percy (Brigg and Goole) (Con)]

May I thank the Secretary of State for his earlier reply regarding direct services from Cleethorpes through Barnetby and from Scunthorpe to Manchester? That is really important. We are not ungrateful, but may I now push him on the electrification of the south Humber line? We know it is a complex project because of the amount of trade used on the route, but could some research be done on it?

--- Later in debate ---

[Mr Hayes]

I saw the light.

On the specific question the hon. Member for North Tyneside (Mrs Glindon) asks, I have had regular dialogue with unions to do just what she describes.

[Mr Speaker]

The Minister of State can deposit in the Library of the House a note on his family history, which I feel sure will be eagerly sought after.

[Mr Gordon Marsden (Blackpool South) (Lab)]

If it ain’t broke, don’t fix it. In our thriving ports sector, everyone—businesses, unions, thousands of employees—are fearful of the regulation because it threatens competitiveness and workers’ rights and protections. Given that his Department was so badly mauled in the European Committee in September that the Minister had to abandon his motion, why are we still waiting for concrete results? Despite his pledges, the Government got no support for blocking port regulations in Europe in October. If the Government did such a good job in October, why has he failed to bring his motion back to the House, as he promised?

--- Later in debate ---

[Mr McLoughlin]

It is for local authorities to determine whether a new station at Stonehouse on the Gloucester to Bristol line is the best way to meet local transport needs. It is for them to demonstrate the business case for securing it, but I am more than happy to work with my hon. Friend and to facilitate communications between him and Network Rail to see whether a solution can be reached.

[Mr Speaker]

Michael Connarty, not here.

[Ian Lavery (Wansbeck) (Lab)]

T10. Following the Smith commission last week, I have a great fear that my constituency, which is lodged between the last city in England and the Scottish borders, will fast become a political no man’s land. With that in mind, will the Secretary of State ensure that the Ashington, Blyth and Tyne line is reintroduced without further delay? Will he agree to meet me and other interested parties further to discuss the issue?

--- Later in debate ---

[John Thurso]

My hon. Friend makes an exceptionally good point which I may personally support. However, as the spokesman for the Commission, I have to refer to the answer I have already given and say that I am sure his words have been heard by those who need to hear them.

[Mr Speaker]

I call Mr Andrew Bridgen. Not here.

The Leader of the House was asked—

Road Investment Strategy

John Bercow Excerpts

Monday 1st December 2014 Commons Chamber

[Guy Opperman (Hexham) (Con)]

rose—

[Mr Speaker]

What a stunning choice. I call Andrew Bridgen.

[Andrew Bridgen]

I feel as if I have been at the back of a long traffic jam to comment on this issue. After decades of promises and work authorised by this Government, the dualling of the A453 will soon be completed, linking my constituency with Nottingham and the east. Since a third of jobs in my constituency are distribution related, my constituents will welcome all today’s announcements about road infrastructure investment. Is my right hon. Friend as incredulous as I am that the shadow Transport Secretary should claim that the motorist has been let down, when Labour represents the party of the fuel duty escalator and the self-confessed failed transport policies of Lord Prescott?