High Speed Rail (London-West Midlands) Bill

Viscount Astor Excerpts

Committee: 1st sitting (Hansard): House of Lords & Committee: 1st sitting: House of Lords & Report stage: House of Lords
Tuesday 10th January 2017 Grand Committee

Moved by

[Viscount Astor]

7: After Clause 1, insert the following new Clause—
“Benefit and cost review of a Wendover Mined Tunnel
(1) The Secretary of State shall commission a review of the potential benefits of constructing a Mined Tunnel at Wendover, Buckinghamshire.(2) The review shall have regard to possible alleviation of High Speed 2 construction and train operational noise, and to alternatives for such alleviation.(3) The review shall include estimates of the costs of construction of a Mined Tunnel and other relevant costs.(4) The Secretary of State must lay a report on the outcome of the review before both Houses of Parliament—(a) within three months of the passing of this Act; and(b) before commencement of any High Speed 2 construction works necessitating the movement of more than 24 heavy goods vehicle through Wendover per day.”

[Viscount Astor (Con)]

My Lords, my amendment—and possibly those that follow—may rehybridise the Bill. However, as this is Grand Committee there are no votes and that is not likely to happen today. I have tabled them to elicit a response from the Minister. While rehybridising and recommitment does not often happen, it is not unprecedented. As a Minister in a long-past Government, it happened to me on a Scottish transport Bill. Lord Burton put down an amendment about badgers and otters crossing roads—a subject which your Lordships would get rather worked up about. My speaking notes from the department at the time said: “Resist at all costs”, which I gamely tried to do. However, I was somewhat undermined half way through the debate by the noble and learned Lord who had chaired the Select Committee standing up and saying that there was an omission that the committee had failed to debate or look at. He therefore supported Lord Burton’s amendment that it be looked at again, whereupon I had to retire hurt. It did work, and the Bill finally came forward with Lord Burton’s amendment.

These amendments are important because the Select Committee had a very limited remit when it looked at the Bill. It could not stray from its rather narrow route. That said, it produced a good and admirable report. It made some general points about the promoter engaging in effective and timely public engagement and noted that it found the complexity of the process difficult for petitioners to understand. Petitioners sometimes also found the documentation provided by the promoter, “arcane, opaque and unhelpful”. They were also sometimes unfairly treated by late replies after months of silence, suggesting that their concerns had perhaps been met. I am sure the Minister will be the opposite this afternoon: clear, helpful and responsive.

In its report, the Select Committee noted the issues that surround Wendover and reported that it had directed a longer Chilterns bored tunnel, greater noise protection for Wendover and better construction arrangements in Hillingdon. It did not comment on the evidence presented on the proposed mined tunnel further along the route. It could not consider changes that require an additional provision without a direction from the House. We have the opportunity at a later stage of the Bill to give that direction for it to be looked at via a transport works order. The initial longer, mined tunnel was rejected by the promoter on grounds of cost. Although it is obvious that a longer tunnel is more costly and complicated, the promoter did not fully take account of the possible savings on the compulsory purchase of land and housing and the effect on the environment. There were two experts and, as we all know, experts on both sides of the argument hate being proved wrong. Those who wished for a longer tunnel provided an expert—described by the Select Committee as a credible witness—who disputed the costs. Indeed, those costs were not greater but actually a saving on the promoters’ costs. That is because the mined tunnel would be 4.2 kilometres long and it would save just over a kilometre of viaduct. As we know—as the experts tell me, anyway, and I think they are right—viaducts are expensive to build and maintain. There could be a saving on property, there could be a saving on costs, and it would solve noise issues. Mined tunnels are cheaper and have been done before. The area is virtually the same type of chalk as the other Wendover tunnel. Indeed, the water table does not present an insoluble problem.

I am no expert. I hesitate to say who is right between tunnelling and rail experts. I leave that expertise to the noble Lord, Lord Berkeley, who does know about these things. But I do know that this is an issue that should be re-examined as there is clearly a difference between acknowledged experts. In the overall scheme of timing and costs, it is actually quite minimal but for the people of Wendover it is extremely important and there is no excuse for the Government and the promoters not to get it right. Those affected by the route have a right to have their case heard and their petitions properly scrutinised, not rejected out of hand for the convenience of the process. I have tabled this amendment to ask the Government to look again at the issues of cost and to ask the Minister whether he will consider having a short, quick, independent review into whether this is feasible. I beg to move.

[Baroness Mallalieu]

My Lords, I support the noble Viscount’s amendment. It appears that this provision was not in fact looked at by the Select Committee. It is a provision which, unlike the concerns that were raised by the noble Lord, Lord Snape, is likely to save money rather than cost more—

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[Lord Snape]

My Lords, I do not necessarily oppose the amendment, although I listened with interest to what my noble friend said about how this would save money. I am not sure what costings the noble Viscount has carried out. There has been some criticism of the costings so far as the whole project is concerned, yet we are told by the noble Viscount and my noble friend that this will actually save money. Perhaps, for the clarification of the Committee, they could tell us how their conclusions have been arrived at. I am no expert. My noble friend Lord Berkeley might tell me. I am not quite sure what a mined tunnel is and what differentiates a mined tunnel from a normal railway tunnel.

[Viscount Astor]

As I understand it, a mined tunnel is where you use a digger to make a hole, as opposed to one of those circular machines that makes a round hole. Apparently it is a cheaper way of doing it than the other way, but I am not an expert.

[Lord Snape]

Though he is not an expert, the noble Viscount has done extremely well. I am enlightened.

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[Lord Young of Norwood Green]

I can assure your Lordships that we looked at all the alternatives at great length on many occasions. Although I did not always enjoy the repetition, it was important that we heard the arguments. We heard from experts on both sides, so if there is one thing this Committee need not worry about, it is whether these alternatives were given a lengthy and fair hearing.

[Viscount Astor]

My Lords, I am grateful to everybody who has spoken. I particularly enjoyed the idea from the noble Lord, Lord Snape, that a four-kilometre mined tunnel would put HS2 passengers in darkness. If I have got right the speed that the train is going to go, in a four-kilometre tunnel, you only have to blink three times and you have missed it.

[Lord Snape]

I am sure that is right, although I am not sure whether it would stand up mathematically in a courtroom, but we are not talking about just this particular tunnel—there is lots of tunnelling through the Chilterns, which has come about as a result of demands, including semi-hysterical demands from a then member of the Cabinet, which in the view of many of us who have taken an interest in the project have added unnecessarily to the cost and makes travelling by train less pleasant. A lot of the people that the noble Viscount represents are against the project as a whole—a point that we have made time after time.

[Viscount Astor]

I am not going to get into that debate with the noble Lord, but I think I am right in saying that the purpose of HS2 was not to give travellers better views of the countryside but to get them somewhere more quickly and more efficiently, although I am sure it is an added bonus if they have a better view of the country.

To come to the point, there is a difference of opinion among experts. The noble Lord, Lord Adonis, does not like to see any criticism of this project and regards the promoter’s and the department’s experts as necessarily right. I do not know whether they are right. I did not say who was right; I said that during the Select Committee hearings there were a lot of conversations between experts that show there is a difference of opinion, as there have been since its report. All I am saying is there is an opportunity for the Minister and his department to look at this again. That is all I am asking. I am not saying who is right and who is wrong, but that there is an issue. It will not delay the Bill or the process. It is about whether the Minister’s department will look at the evidence and see whether it addressed all the concerns and issues.

[Lord Adonis]

I was not seeking in any way to say that one set of experts should be more highly esteemed than another. I was making the factual point that my understanding, which has been confirmed, was that the Select Committee heard experts on both sides. Indeed, it engaged its own experts because it was not going to take the word of one set of experts against the other. It spent many hours reviewing the case and reached its judgment. I was simply making the point that if that is established as a fact, I cannot see how we would be in any position to substitute our own judgment for theirs.

[Viscount Astor]

The Select Committee came to a conclusion, which may be right or wrong. But its members are not rail experts. I admire its distinguished report, but even they would not say they got everything right on every single issue. What I am saying is that during and since the committee, issues have arisen, and there has been further debate and work done on cost. My request to the Minister was whether his department would look at it without in any way holding up the process. Perhaps my noble friend might give this some thought between now and Report. Would that be possible?

[Lord Snape]

The noble Lord said that this mined tunnel would not, in effect, make much difference as far as the journey is concerned. Would he be interested in knowing—I have just been assured by an expert that these facts are correct—that out of the 210 kilometres of the high-speed line, no less than 47 kilometres is already in tunnels? If he does not mind me saying so, that is more than enough.

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[Lord Ahmad of Wimbledon]

I am always grateful for the noble Lord’s interventions.

My noble friend talked about analysing and reviewing evidence. Let me reassure him that the Select Committees of both Houses have looked at this in detail and that it was an exhaustive process, as we have already heard from one member of your Lordships’ committee. It was not looked at only for a few seconds in passing—a blink and then you are through the tunnel, so to speak. This is the view of the department, the Government and myself, and we have to respect the decisions that have been reached by not one but two Select Committees on a process which they themselves—notwithstanding that there were additional provisions as part of the proposals—looked at. They considered the opinions and views of experts from both sides, as we heard from the noble Lord, Lord Young, and their conclusions after that exhaustive process need to be both reflected on and respected.

[Viscount Astor]

I have listened to what my noble friend said and will consider it carefully. In the meantime, I beg leave to withdraw the amendment.

Amendment 7 withdrawn.

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Moved by

[Viscount Astor]

8: Clause 2, page 2, line 14, at end insert—
“( ) change the landscaping and other works, including shaping bunds to maximise the noise attenuation of the bunds by including steep sides, noise attenuation fences and trees, to mitigate any adverse effects of the construction, maintenance or operation of any of the works and of the operations of the railway authorised by this Act;( ) change the works for the benefit or better protection of property, people, farm animals in yards, woodlands, habitats or wild species affected by any of the works or the railway operations authorised by this Act;( ) reduce the extent of farm land taken for biodiversity where there is demonstrable equivalent local biodiversity capacity and considerate estate management and farming practices;”

[Viscount Astor]

My Lords, Amendments 8, 25, 26 and 27 have nothing to do with tunnels—I can assure the noble Lord, Lord Snape, about that. They are designed to make the route even more pleasant for those travelling on it and to protect those living alongside it.

My first amendment is perhaps more general, although it particularly affects Buckinghamshire, which, as your Lordships know, is a county with exceptional areas of outstanding national beauty. It does, however, have a dense population at the same time as having a wonderful countryside, and has some motorways and roads but also narrow lanes. One group that has been concerned throughout this whole process but has felt excluded is the parish councils. Some of them do not have the funds to enable them to take part and some do not have the expertise, and although there were community forum area meetings they did not always work or address all the issues. They certainly did not have some of the expertise that they required to make a good case. Local communities have knowledge of local traffic flows, school runs and public transport, and know what the effect of disruption is. If there was one noticeable point made in the Select Committee’s report, it was that the promoters had failed adequately to understand the long-term disruption, noise and pollution during the building stage of HS2. This amendment asks whether during this process adequate attention will be spent on these issues.

The next three amendments are more specific. Amendment 25 concerns the proposed Calvert infrastructure maintenance depot. The depot requires a large site that will serve as a base for the maintenance of the railway and for infrastructure projects. In the original plan an accommodation bridge was included as a substitute for a user-worked crossing—not being an expert, I had to ask someone what that was before I felt able to speak to your Lordships. The accommodation bridge has now been removed by the promoters, as stated in a recent letter that was received after your Lordships’ Select Committee’s petitioning stage, and so was not able to be considered. The alternative user-worked crossing was instead proposed. I do not know whether this late change was intended to be an improvement or was a cost-saving exercise but the result is that the effect on Doddershall has not been properly reviewed—certainly its residents do not think it has. HS2 at this point follows the Bletchley to Bicester to Oxford existing railway, which will form the new upgraded east-west line. That upgrade will be an added complication. The present ameliorating effects of the route will result in a much longer and more expensive journey for farm traffic crossing in and out of Doddershall. As it is not clear why the original accommodation bridge was removed, will the Minister look at this, and see why it happened and whether it makes sense? It is a detailed point but it has been put to me by those who feel that they have an important concern that was not able to be addressed because their letter was received after the Lords stage

Amendment 26 concerns the route and, again, local traffic problems. I have given the Minister notice of what I am going to say because this is a complicated local issue. He may wish to write to me with a detailed reply. It is about configuring the local roads between Quainton and Waddesdon; otherwise, an estimated 1,200 people will have a much longer, more difficult journey between the two, adding to traffic complications. It is a local issue and I am sure there are many local issues along the route and it would not make sense to bring up every single local concern about HS2. I have brought it up today because people in the area feel that the promoters changed the effects that this was going to have after the Select Committee process. Therefore, they were not able fully to address the issues.

Finally, Amendment 27 asks a question about the alternative route that was developed by Arup for HS2 and was presented by Twyford Parish Council in Committee in the Commons. It is a route that would save the demolition of houses. The promoters believe that it is straighter and less costly. Again, I am not an expert. I do not know. They also believe that it would remove noise issues along the route and the disruption to local residents and farmers would be much less. My point to my noble friend the Minister is: this is a local issue. It is not the biggest issue that affects HS2, but it is important to the people who live there. I have tabled these amendments to ask the Minister whether he will consider these representations to see whether they can be addressed to help those who are affected by HS2. I beg to move.

[Lord Ahmad of Wimbledon]

My Lords, I thank my noble friend for tabling his amendments. I appreciate that he is seeking further clarification. I will take each amendment in turn.

First, the provisions set out in Amendment 8 replicate the powers already in the Bill under Clause 2(3). With respect to reducing the amount of land take, we are already under a general duty to minimise the amount of land we are taking for the railway if it is possible to do so without compromising the construction and implementation of the project in a timely and economic manner. Furthermore, we have given a general assurance to the National Farmers’ Union and the Country Land and Business Association that we will aim to further minimise the loss of high-quality agricultural land where there are opportunities to do so through the detailed design stage of the project. I therefore hope that my noble friend will feel reassured in that respect, and I am sure those discussions will continue during the design phase.

My noble friend also raised the issue of changes or alterations, referring to the area between Calvert and Doddershall. I inform him that the Bill scheme has not been altered in this area, as he suggested. The accommodation bridge to which he referred is part of the East West Rail scheme and not part of HS2, and as such will not be subject to this Bill. He mentioned a particular letter that was sent by concerned parties. I have briefly checked with officials and I have certainly not seen it. If it is available and he would like to forward it, I will respond appropriately to the matters raised in it.

Amendment 26 suggests a revised road layout in the Quainton area. As my noble friend may know, this issue was considered in detail by the Lords Select Committee, having been the subject of a petition and an evidence session. My view, which I reiterated in the debate on the previous amendment, stands: it is not appropriate to revisit here issues that have been discussed at length and in detail by the Select Committee. The considerable time that the Select Committee spent on those issues needs to be respected.

I also appreciate that this issue could be delivered outside the Bill powers, in which case it certainly does not require further consideration here. My noble friend recognised that but, as the requested road layout would require new land to be acquired, objections to the change would be expected, in particular from the Buckinghamshire Railway Centre due to the adverse impact on its operations and land use. I assure my noble friend that these issues have been fully explored by the Select Committee, which ultimately did not see merit in making a recommendation of the kind being sought by the amendment. It would create a requirement for significant works to the existing Station Road, where the proposed road layout would need to be raised to pass over HS2, taking land from the Buckinghamshire Railway Centre overflow car park and thereby restricting access to the adjacent industrial premises. It would also require substantial temporary diversion works to Station Road during the construction of the revised road alignment.

Amendment 27 seeks a review of the route alignment. Although I respect and appreciate my noble friend’s commitment to refining the scheme, as he notes in the amendment, the “route C” alignment was an option considered in 2010 as part of the appraisal of route options consulted on at that time. It was the subject of detailed consideration, but ultimately was not selected when the Government announced the route in 2012. At this late stage in the progress of the Bill it is inappropriate to suggest that we disregard all the previous work that has taken place. I respect the fact that my noble friend has sought clarification by tabling these amendments and I hope I have been able to provide it, at least in part. As I said, if there is a letter that has yet to be answered I will ask my officials to look at it and we will respond accordingly. I hope that, on the basis of the assurances I have provided and the clarifications I have given, he will be minded to withdraw the amendment.

[Viscount Astor]

My Lords, I thank my noble friend the Minister for his response, particularly to Amendment 8, which is very helpful. I will indeed write to him on Amendment 25 and the correspondence that has been received. I have one point to make about the Select Committee. The noble Lord, Lord Adonis, the Minister and the noble Lord opposite talked about it as though whatever comes out of it should be written in stone and never questioned, looked at or judged again. They forget, however, that the Select Committee had a very narrow remit; it could not look outside that very narrow route. It was restricted and could not look at lots of different possibilities because the remit under which it was set up did not allow it to do so, even if it wanted to. That was the issue that affected it. My noble friend has been enormously helpful. I am very grateful and do not wish to detain the Committee. However, although I understand why the committee had restrictions—otherwise the petitions would have gone wider and wider and wider—these prevented it looking at some of the issues that affected the route. I give way to the noble Lord.

[Lord Young of Norwood Green]

I did not want to intervene again, but I feel I must correct the impression that the noble Viscount is creating that we did not consider these issues. All the issues raised by the amendments were considered in depth. We were not restricted. We heard numerous petitions on the possible alternatives. In his opening contribution, the noble Viscount suggested that we somehow did not listen to parish councils. I assure him that we listened to them on many occasions. Inevitably, some were better than others. After some of the legal representation that we heard, I would have much preferred to hear from the parish councils again. The idea that because they did not have high-powered legal representation they were unable to make their case is not true. I just wanted to correct the impression that the Committee should look at this again because it was not given a proper searching examination by the Select Committee; it was.

[Viscount Astor]

All I can say to the noble Lord is that some of those involved in parish councils felt unable to present in the way that they should have; I quite respect what he said.

[Lord Framlingham]

I am sorry to speak again, but I am beginning to wonder what we are doing. If the Select Committee has done everything that needs doing and the Minister will not accept any of the amendments, I am not sure how this Committee will contribute much to the process.

[Viscount Astor]

I do not know whether my noble friend wants to answer that, but perhaps I may finish responding to the noble Lord. He is quite right that there were a lot of petitions, and I am not in any way criticising the Select Committee or any of the work it did, but the petitions affected the route as proposed. The committee was unable to look any wider into some of the other issues. That was the point I was trying to make. I was not disagreeing with the noble Lord, but I was pointing out that the Select Committee was under certain restrictions. Having said that, unless my noble friend wishes to say anything, I beg leave to withdraw the amendment.

Amendment 8 withdrawn.

High Speed Rail (London-West Midlands) Bill

Viscount Astor Excerpts

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

Moved by

[Viscount Astor]

11: After Clause 52, insert the following new Clause—
“Review: Calvert Sidings
(1) The Secretary of State must commission a review of the proposed construction and route variation required for Calvert Sidings, covering construction and noise impacts which have not hitherto been considered.(2) The review must also consider impacts—(a) on affected communities, farms and estates;(b) of the movement of farm vehicles, works traffic and other traffic;(c) on bridle ways and footpaths crossing the railway route.(3) The review may recommend whether a Transport and Works Act order should be made, under the provisions of section 52, to authorise adjustments relating to Calvert Sidings.”

[Viscount Astor (Con)]

My Lords, we debated this amendment in Committee. I put it down again in the hope of getting a response to the letter I wrote to the Minister before Report. I would like to thank him for his letter, which I received last night and which was enormously helpful.

The reason that this rather particular amendment relating to the Calvert sidings is important is that this community already has a railway line going through it: the Aylesbury spur. Before HS2 came along, the promoters of the east-west rail scheme said that they were going to upgrade this line as part of the railway across England. Where there is currently a level crossing, because hardly any trains use the line—perhaps one or two a week—they proposed to construct a bridge. This would have satisfied those who live either side of the line.

It is quite tough having one main line across your farm or farms, but even tougher when someone comes along and says, “By the way, we are going to put another one across—HS2”. One person will have the east-west line 100 yards to the north of him and HS2 100 yards to the south. The promoters of HS2 and the Select Committee looked at this and said that they did not think it was necessary to build a bridge. That was the decision of the Select Committee and I will not argue with it—to be perfectly honest I do not know whether it was right or wrong. What happened then was that East West Rail said that it would not build a bridge, either, and withdrew its proposal. As a result, we will have a community that will be hemmed in on both sides.

The Minister has been enormously helpful and said that East West Rail intends to consult on the proposed changes later in the year, which will give those affected a chance to have their views heard. This issue fell between two railway lines, as it were, and so was not considered by the Select Committee. I wish that the noble Lord, Lord Young, were in his place so he could hear that—but perhaps he might read Hansard later. Some of us who are concerned that HS2 will be successful are also concerned about the effect on the people and communities who will live alongside it—but what the Minister has said is a huge improvement and I thank him for that.

The Minister also said that objections to the Calvert sidings could be made as part of a Transport and Works Act order. I have to admit that I do not know very much about such orders. When I looked up the question of whether they have to be approved by Parliament on the Government’s website, the answer was that they do not normally have to be presented before coming into force but that they can occasionally do so through a special parliamentary procedure. If the Minister cannot tell me now, could he write to explain what the process will be: that is, whether it will come before Parliament or not? That way, we can help that community to plan to protect itself. I look forward to the Minister’s response and beg to move the amendment.

[Lord Ahmad of Wimbledon]

My Lords, I thank my noble friend for his amendment. His comments reflect that we have clarified some of the issues, and he has articulated part of the response that I would have given. I therefore also thank him for accepting the Government’s explanation.

The noble Lord did mention two outstanding issues. There will of course be a consultation, as I said in my letter, and East West Rail intends to consult on the change more broadly later this year. At that time, any concerned parties will have the opportunity to make their representations. He also mentioned the Transport and Works Act order for the provision of sidings, primarily to facilitate the business of the FCC waste facility, which is also in this broad location. All the relevant impacts on local communities and farming interests of the works purposed as part of that order, in addition to the comprehensive assessment undertaken as part of the environmental statement for the Bill scheme, have already been taken into consideration.

The noble Lord asked specifically about the process hereafter and I will of course write to him to clarify that. But I hope it is not pre-emptive to assume that the noble Lord will withdraw the amendment because we have answered the questions he raised.

[Viscount Astor]

I am very grateful for the Minister’s answer and I beg leave to withdraw the amendment.

Amendment 11 withdrawn.