All 10 contributions to the High Speed Rail (West Midlands-Crewe) Act 2021

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Mon 17th Jul 2017
Point of Order
Commons Chamber

1st reading & 1st reading: House of Commons & 1st reading: House of Commons & 1st reading: House of Commons & 1st reading & 1st reading: House of Commons & 1st reading
Tue 30th Jan 2018
High Speed Rail (West Midlands - Crewe) Bill
Commons Chamber

2nd reading: House of Commons & Allocation of time motion: House of Commons & Carry-over motion: House of Commons & Money resolution: House of Commons & 2nd reading: House of Commons & Allocation of time motion: House of Commons & Carry-over motion: House of Commons & Money resolution: House of Commons & 2nd reading: House of Commons & Allocation of time motion: House of Commons & Carry-over motion: House of Commons & Money resolution: House of Commons & 2nd reading & 2nd reading: House of Commons & Allocation of time motion & Allocation of time motion: House of Commons & Carry-over motion & Carry-over motion: House of Commons & Money resolution & Money resolution: House of Commons & 2nd reading & Money resolution & Allocation of time motion & Carry-over motion & 2nd reading
Tue 25th Jun 2019
High Speed Rail (West Midlands - Crewe) Bill (First sitting)
Public Bill Committees

Committee stage: 1st sitting & Committee Debate: 1st sitting: House of Commons & Committee Debate: 1st sitting: House of Commons & Committee Debate: 1st sitting: House of Commons & Committee Debate: 1st sitting: House of Commons
Tue 25th Jun 2019
High Speed Rail (West Midlands - Crewe) Bill (Second sitting)
Public Bill Committees

Committee stage: 2nd sitting & Committee Debate: 2nd sitting: House of Commons & Committee Debate: 2nd sitting: House of Commons & Committee Debate: 2nd sitting: House of Commons & Committee Debate: 2nd sitting: House of Commons
Mon 15th Jul 2019
High Speed Rail (West Midlands - Crewe) Bill
Commons Chamber

Report stage & Report stage & 3rd reading & 3rd reading & 3rd reading: House of Commons & Report stage & Report stage: House of Commons
Tue 16th Jul 2019
High Speed Rail (West Midlands-Crewe) Bill
Lords Chamber

1st reading (Hansard) & 1st reading & 1st reading (Hansard): House of Lords & 1st reading (Hansard): House of Lords & 1st reading (Hansard): House of Lords & 1st reading (Hansard) & 1st reading (Hansard): House of Lords
Mon 2nd Mar 2020
High Speed Rail (West Midlands - Crewe) Bill: Revival
Commons Chamber

Carry-over motionmotion to revive Bill & Carry-over motion & Bill reintroduced & Bill reintroduced: House of Commons & Bill reintroduced & Bill reintroduced: House of Commons & motion to revive Bill: House of Commons
Mon 9th Nov 2020
High Speed Rail (West Midlands-Crewe) Bill
Grand Committee

Committee stage:Committee: 1st sitting (Hansard) & Committee stage:Committee: 1st sitting (Hansard) & Committee stage:Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords & Committee: 1st sitting (Hansard)
Thu 12th Nov 2020
High Speed Rail (West Midlands-Crewe) Bill
Grand Committee

Committee stage:Committee: 2nd sitting & Committee stage:Committee: 2nd sitting (Hansard) & Committee stage:Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords & Committee: 2nd sitting : House of Lords & Committee: 2nd sitting & Committee: 2nd sitting (Hansard)
Thu 11th Feb 2021
Royal Assent
Lords Chamber

Royal Assent (Hansard) & Royal Assent (Hansard) & Royal Assent (Hansard) & Royal Assent & Royal Assent & Royal Assent (Hansard) & Royal Assent: Royal Assent (Hansard) & Royal Assent (Hansard) & Royal Assent: Royal Assent (Hansard) & Royal Assent (Hansard) & Royal Assent: Royal Assent (Hansard) & Royal Assent

Point of Order

1st reading & 1st reading: House of Commons
Monday 17th July 2017

(6 years, 9 months ago)

Commons Chamber
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17:47
Gareth Snell Portrait Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
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I seek your guidance, Mr Speaker. On Friday, I was meant to meet the hard-working staff of Her Majesty’s Courts and Tribunals Service in Bennett House in my constituency. Bennett House is leased by the Ministry of Justice and is scheduled for closure, and I was meeting staff who have concerns about those plans in my capacity as the local Member of Parliament. The meeting had to be moved, as MOJ officials informed staff that I would not be allowed on site, and that if I tried to get on site I would be prevented from doing so. I seek your guidance on how best I can raise this matter with the Ministry of Justice, and seek to ensure that other Members of Parliament are uninhibited by the Ministry in going about their constituency duties.

John Bercow Portrait Mr Speaker
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If the hon. Gentleman—a new, or new-ish, Member of the House—is alleging a breach of privilege, that is properly raised with me in writing. I would then in turn address the matter in writing. However, as he has not specifically used that term or made that allegation, but complained of what might be called—in his mind, certainly—an unreasonable prevention, or some sort of let or hindrance, this is not strictly a point of order for me as Chair of the House. That said, I am rather concerned to hear that a Government Department has prevented his access to a Government building in his constituency. The hon. Gentleman has made his concern clear, and it is on the record. This is ultimately a matter for Ministers to determine, but let me say without fear of contradiction and very explicitly that this is pretty obviously an unhelpful attitude on the part of a Government Department, and I would hope that a Minister would direct the Department not to obstruct a Member going about constituency business in that way.

Bill Presented

High Speed Rail (West Midlands - Crewe) Bill

Presentation and First Reading (Standing Order No. 57)

Secretary Grayling, supported by the Prime Minister, Mr. Chancellor of the Exchequer, Secretary Greg Clark, Secretary Michael Gove, Secretary David Mundell and Secretary Alun Cairns, presented a Bill to make provision for a railway between a junction with Phase One of High Speed 2, near Fradley Wood in Staffordshire, and a junction with the West Coast Main Line near Crewe in Cheshire; and for connected purposes.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 6) with explanatory notes (Bill 6-EN).

High Speed Rail (West Midlands - Crewe) Bill

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

(6 years, 2 months ago)

Commons Chamber
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[Relevant document: Tenth Report of the Public Accounts Committee, High Speed 2 Annual Report and Accounts, HC 454.]
Second Reading
Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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I inform the House that the amendment has been selected.

14:52
Chris Grayling Portrait The Secretary of State for Transport (Chris Grayling)
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I beg to move, That the Bill be now read a Second time.

It is four years since my predecessor, my right hon. Friend the Member for Derbyshire Dales (Sir Patrick McLoughlin), stood at this Dispatch Box to seek powers for a new railway line between London and the north, the first new major railway line north of London for 120 years. At that time, it was simply a concept—an important one but one that seemed a long way off. We have come a long way since. In February 2017, Parliament granted powers to construct phase 1 of the scheme, from London to the west midlands, and works on part of this route have now begun. This project is now a developing reality. We came a step closer to an operating railway when we announced the shortlist of companies that will bid for the west coast partnership and design, launch and operate the early passenger services on HS2.

This vital new rail capacity project, under construction from London to Birmingham, is only the first part of the project. We need to deliver capacity to our northern cities and bring our country closer together. I am pleased to stand here today, therefore, to start the next phase of this vital project. Phase 2a extends HS2 from the west midlands to Crewe. The first stage of the new line, which will take the midlands engine through to the northern powerhouse, connecting the two together, will accelerate construction of the first section of phase 2 by six years and bring us a step closer to delivering a complete brand-new high-speed line all the way to Manchester. That is the importance of today’s debate. It is this link that will take the railway line towards Manchester—finally to one of our great cities and industrial centres of the north-west.

Jonathan Edwards Portrait Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
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As the Secretary of State will be aware, the statement of funding policy that accompanied the last comprehensive spending review awarded to Wales a 0% Barnett consequential rating for HS2, whereas Scotland and Northern Ireland both had 100%. Unless he can assure the House that Wales will get a 100% rating in the next CSR, my colleagues and I will have no option but to vote against the Bill this evening.

Chris Grayling Portrait Chris Grayling
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If the House does not support the Bill, the Crewe hub and the links to north Wales that it will provide will be simply an illusion, so the hon. Gentleman and his colleagues would be doing down Wales, which would be surprising—though, of course, it is typically Conservative Members who are the real champions of Wales. We will continue to ensure we provide the right connections to Wales.

Cheryl Gillan Portrait Dame Cheryl Gillan (Chesham and Amersham) (Con)
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I thank the Secretary of State for giving way so early in his speech, and I ask him to forgive me as I may not be able to be here for its entirety because I have other duties outside the Chamber, but I hope to return. He says he is very proud of this new railway the Government are building, but can he explain why he is building a railway with old technology? Back in 2015, the Japanese beat all their records with a Maglev train, whereas we appear to be building something from the last century, not something for the future.

Chris Grayling Portrait Chris Grayling
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It is interesting. I have travelled on the Maglev line in development in Japan. It is a project that has a role to play in the Japanese transport system, but, having studied it at first hand, I do not believe it is the right project for this country, and nor do I believe it could deliver the level of capacity that HS2 will. HS2, of course, is a capacity project that brings with it speed, not the other way around, and that is what our transport system needs more than anything else. It is crucial, too, to the development of the north of England, which has a population of more than 15 million and over 1 million businesses, and which has exports worth upwards of £50 billion. The north of England makes a huge contribution to the success and prosperity of this country, but it needs strong and effective new transport links, and this project will be an important part of that, which is why it is so important to the whole UK.

Cheryl Gillan Portrait Dame Cheryl Gillan
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The Secretary of State says this is now about capacity, but please can he not change history? When this was first proposed, including the route through my constituency, it was all about speed; otherwise it would not have been allowed to travel on a route that will cause so much environmental damage.

Chris Grayling Portrait Chris Grayling
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My right hon. Friend will know that I have been consistent all the way through in talking about this as a capacity project. I know that she and I are on different sides of the argument, but, from the time I was shadow Transport Secretary a decade ago, I have always talked about this improvement in terms of capacity, and I will continue to do so, because that is the most important part of it. We can debate the rights and wrongs, but I believe it is a capacity project—the speed is a bonus. I do not believe in building something with old technology—we should have a state-of-the-art railway—but the big difference this will make will be to capacity.

Louise Ellman Portrait Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)
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I welcome the Bill, but I note that the Minister referred to connecting the west midlands to HS2. What about the northern powerhouse and Liverpool’s connection to the new high-speed line?

Chris Grayling Portrait Chris Grayling
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I did mention the northern powerhouse. In terms of Liverpool, which, as the hon. Lady knows, is a city I have great affection for, as we move beyond the Bill and develop northern powerhouse rail and integrate what needs to be done in the north with the north-south routes and HS2, I believe that all the great cities of the north—Liverpool, Manchester, Leeds, Newcastle, York, Hull—will benefit, as indeed will places further north, such as Carlisle and Scotland. I will come back to Scotland in a moment.

Kevin Barron Portrait Sir Kevin Barron (Rother Valley) (Lab)
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If that is the case and Ministers are concerned for the north, why has electrification between cities in the north been cancelled?

Chris Grayling Portrait Chris Grayling
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As I have said many times in the House, we are delivering a process of modernisation on the midland main line that will transform journey times and deliver much improved rolling stock and brand-new trains much sooner. Our proposed model will deliver the improvements people want in the early 2020s, which is sooner than any other project would have done.

Anna Soubry Portrait Anna Soubry (Broxtowe) (Con)
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I am grateful to the Secretary of State for giving way; he is being very generous so early in his speech. I agree with him: it is about capacity. We cannot have an effective, modern society unless we have capacity, and we have to have good infrastructure, which means connectivity. Would he therefore consider advancing the Government’s excellent plans for HS2 by bringing on the other piece of the Y to Leeds? I believe that people throughout the whole of the east midlands support HS2, and we want it as soon as possible, please, especially at Toton in Broxtowe.

Chris Grayling Portrait Chris Grayling
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I absolutely agree with my right hon. Friend. Toton is going to be a fantastic centre in the east midlands for commercial development—transport and residential—whose benefits will ripple out across the area and have a hugely positive effect on the whole of the east midlands. I understand her point. We are working as fast as we can to bring before the House the powers we need for the east midlands and Yorkshire leg. I want to get it right—there are sensitivities on the route, as she will know—and I have travelled much of the route myself and looked at the issues as and when they arrive. We will do everything we can to minimise the impact on residents—I understand that such major projects have a negative effect on some people—but I assure her that we will bring the measure for the rest of the route before the House as soon as we can.

I have talked a bit about the north. Let me now talk about Scotland, because I want it to benefit from HS2 on the day it opens. When the full Y network opens in 2033, HS2 trains will run seamlessly on to the west and east coast main lines from the network that is then built. My Department and Transport Scotland are working closely with Network Rail in looking at options that will go beyond HS2. We want to identify options for strong business cases that can improve journey times, capacity, resilience and reliability. Our ultimate ambition is for three-hour rail journeys between London and Scotland’s central belt—a further strengthening of the Union that we all hold so dear. That, I think, is the point: HS2 will be a transformative project for the entire United Kingdom, including the parts that it does not serve directly. The benefits in terms of job creation, business opportunity and technological development will be enormous for the whole country.

Andrew Jones Portrait Andrew Jones (Harrogate and Knaresborough) (Con)
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I strongly support the Bill, and agree with my right hon. Friend’s comments about capacity in our rail network and the positive impact that HS2 will have on our northern economy. Can he tell us a little more about the impact on job creation in the north and elsewhere outside London?

Chris Grayling Portrait Chris Grayling
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I pay tribute to my hon. Friend for the work that he has done on this project. He has been a very distinguished Transport Minister. He has not only made a major contribution to its development, but has been immensely sensitive in dealing with residents. He should take great credit for that.

The point about jobs is crucial. Our industrial strategy sets out a vision of a Britain that is confident and competitive, a global trading nation that is in charge of its own destiny, and HS2 can play a big part in that. Last year we announced which train builders were vying for the £2.75 billion to deliver Britain’s state-of-the-art high-speed trains. That investment alone will create many opportunities in this country.

I have said previously that during the procurement process, as we pick the organisations that will build these trains, it must be clear that they will have to leave a substantial skills and technology footprint in this country. We will not countenance trains being built in another part of the world, put on a ship and delivered to the UK, with no benefit at all to the UK itself. This project will have a lasting impact. Indeed, the whole construction of this railway will create jobs, careers, technologies and expertise that will last a new generation of engineers for a lifetime. That is another reason why it is so crucial.

Michelle Donelan Portrait Michelle Donelan (Chippenham) (Con)
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Siemens in my constituency has been shortlisted to provide the signalling for HS2, and Chippenham hopes to benefit from the fact that 70% of the new jobs will be outside London. Does my right hon. Friend agree that this project has the potential to benefit the south-west as well?

Chris Grayling Portrait Chris Grayling
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My hon. Friend is right, and I am delighted that Siemens has been shortlisted for that work. I want as much of the work as possible to be done in the United Kingdom, so that we can develop that skills footprint, developing those young apprentices and developing the engineering skills that we need for the future. That must happen throughout the United Kingdom: south-west, north-east, Scotland, Northern Ireland, Wales, south-east, midlands, the north and East Anglia. I want to see jobs and opportunities for British businesses, and businesses based in Britain.

Lord McLoughlin Portrait Sir Patrick McLoughlin (Derbyshire Dales) (Con)
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Does my right hon. Friend agree that we have Crossrail as a model? It is being finalised this year, and will be operating next year. That project was built on the use of suppliers in the United Kingdom, and the spread of its supply network throughout the UK. Although it was a London project, many parts of the country have benefited from it. What HS2 is doing is the natural follow-through from what Crossrail did.

Chris Grayling Portrait Chris Grayling
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Absolutely. Crossrail may be a project for transport in London, but it is also a project for engineering and industry in the United Kingdom as a whole. It brings benefits to all parts of the United Kingdom, and HS2 will bring benefits to all parts of the United Kingdom. Northern Powerhouse Rail, when it is built, will bring benefits in southern as well as northern England, and, indeed, throughout the United Kingdom. The more that we invest in these projects, the more economic benefits we will deliver across the UK.

Michael Fabricant Portrait Michael Fabricant (Lichfield) (Con)
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May I ask my right hon. Friend not to take his eye off a distant ball, which is the future of the west coast main line after HS2 is constructed? More than 44 stations on that line will not be served by HS2. It is very important for passenger traffic to be maintained on the west coast main line, and to ensure that it is not used just for freight traffic.

Chris Grayling Portrait Chris Grayling
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My hon. Friend is right. As one who has sailed through his local station many times, on Pendolino trains, I believe that we can and should do better at such intermediate stations. We should provide better commuter links to Birmingham and to towns such as Northampton and Milton Keynes, and we should provide better links within the Trent valley—from Nuneaton to Lichfield, and up to Stafford. We will be able to do all those things to a greater degree in the future. Yes, there will be a freight benefit. We all want a freight benefit, because we want fewer trucks on the M6 and the M1, but the fact is that we can do both. Creating that extra capacity on HS2, or via HS2, is, to my mind, its great benefit. It will of course be a fast, state-of-the-art railway, but first and foremost it is about giving our transport system the capacity that it will need to enable us to grow in the future.

I know that there are people for whom this project is bad news. There are people who are affected by the routes, many of whom are in my hon. Friend’s constituency. I genuinely wish it were possible—I am sure that Members in all parts of the House wish it were possible—to deliver infrastructure improvements like this without human consequences, but it is not possible. What we must do is try to treat those people decently.

HS2 has not always got it right, and we will not always get it right, but I give the House today an assurance that I have given it before: when an injustice is being done, we will do everything we can as a ministerial team to sort it out. Members need only come to us and say, “This is unfair”, and we will look at it. Indeed, I have already done so in places up and down the route, and I will continue to do so, particularly in respect of this part of the project. A number of constituencies on the route from the Trent valley up to Crewe are affected. As the two Ministers responsible, the Under-Secretary of State for Transport, my hon. Friend the Member for Wealden (Ms Ghani), and I will happily talk to colleagues during this process. There will, of course, be many opportunities for them to make representations about the impacts to the Committee, assuming that the Bill is given a Second Reading today.

Maggie Throup Portrait Maggie Throup (Erewash) (Con)
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I appreciate what my right hon. Friend is saying today. We have also had many conversations about the ways in which some of my constituents are affected. That has been going on since 2013. We may get there in the end with compensation and agreements, but the problem is that it takes so long—far too long for some people. Some of my constituents are very elderly, and some are quite ill. Can my right hon. Friend reassure me, and my constituents, that we can improve the process?

Chris Grayling Portrait Chris Grayling
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I absolutely give my hon. Friend that assurance. There are processes that we must rightly follow to protect public money, but there are exceptions that always step outside what is planned. Part of the job that we have, as Ministers, is to ensure that when those exceptions arise—and I know that there are two in my hon. Friend’s constituency, which she and I have been talking about—we must resolve them before we reach a point at which those people are suffering in their lives. We are a little bit of time away from the phase 2 Bill and the process involved in phase 2b. As I have said to my hon. Friend and to other Members, we will try to sort out those exceptions so that people do not suffer inappropriately. I will continue to work with my hon. Friend to try to resolve the situation.

Gareth Snell Portrait Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
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While the Secretary of State is handing out assurances, may I, on behalf of the people of Stoke-on-Trent, ask for an assurance that the existing direct and frequent services from Stoke-on-Trent to London, Birmingham and Manchester on the west coast main line will in no way be diminished or reduced as a result of HS2 taking up some of the capacity through the classic compatible services?

Chris Grayling Portrait Chris Grayling
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As the hon. Gentleman will know—and I have given this assurance to my hon. Friend the Member for Stoke-on-Trent South (Jack Brereton)— I am acutely aware of the issues in Stoke-on-Trent. I want to ensure not only that the high-quality service that it deserves is protected, but that HS2 trains run through it, which is also what it deserves. I have given that clear commitment to the people of Stoke. I want them to have a first-rate rail service, and HS2 will make it possible for them to have an even better rail service than they have at present.

Let me say more about the affected communities. Last week we announced an additional £5 million for communities and businesses that are disrupted by the construction of phase 2a, which can be spent on public projects, community centres and so forth. That will add to what we have already committed in terms of the mitigation and compensation in place, and we will carry on looking at ways in which we can minimise the impact on local people and the areas affected.

Rebecca Pow Portrait Rebecca Pow (Taunton Deane) (Con)
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I am totally in favour of the project, as train travel is environmentally friendly because it gets people out of their cars and on to trains. But will the Secretary of State reflect on the potential loss of ancient woodland because of HS2, and whether consideration might be given, where possible, to using tunnels so that we keep these wonderful, magnificent trees? We have only 2% of them left in the whole country. Will we consider doing this? If not, and if there is unavoidable loss, could we consider 30% amelioration, as recommended by Natural England, rather than the figures bandied about today?

Chris Grayling Portrait Chris Grayling
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I am very well aware of the potential impact on ancient woodland. We have already made changes to the design of the project to try to mitigate that impact, and there is an absolute commitment to look to plant afresh and to develop environmental measures to compensate for any loss of woodland. Also, there are some exciting potential projects on the route that can enhance the natural environment at the same time as we are having to make changes elsewhere. I assure my hon. Friend that we are very sensitive to the issue she mentions, and we will do our best to make this project in as environmentally friendly a way as possible. We cannot build something new like this across the whole country without having some impacts, but we can try to mitigate them and put money into positive alternatives. That is what we are committed to, and that is what we will do.

This is a step on the way towards creating a 21st century new rail network: phase 1 to Birmingham, phase 2a to Crewe, eventually phase 2b to Manchester and Leeds, and then across the top with Northern Powerhouse Rail, and then, through that, the connections to the north-east, which the shadow Secretary of State will hold dear, to Scotland—colleagues on both sides of the House representing Scottish constituencies are keen to see that connection put in place—and into north Wales through the Crewe hub that we are working on at the moment.

This project will provide the capacity our transport system needs in the 21st century. It will deliver better journey times and, particularly importantly, much better connections between our northern cities—Birmingham, Sheffield, Leeds—where there are poor connections at the moment; this will make a huge difference to them. But above all this is about making sure this country has a 21st century transport system. I hope the project commands support across the House. I know that some Members have issues both about the principles of the project and constituency impacts. To those with constituency impacts I simply say again that we will do our best to minimise those and to work as closely as possible with them to make sure that people who are affected are treated as decently as possible.

This Bill is enormously important to this House, to the future of this country, to our nation, to strengthening our Union, and to delivering economic growth across the whole country, and I very much hope that this House will give it its support today.

15:12
Andy McDonald Portrait Andy McDonald (Middlesbrough) (Lab)
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I am pleased to stand here today to support a project which was instigated by the last Labour Government. National infrastructure investment is too important to be left to the vagaries of the election cycle. It is to the Government’s credit that they have continued to back both HS2 and Crossrail since 2010. Labour has always maintained that HS2 must be built as a network rather than a standalone piece of infrastructure. It is this approach which will deliver the maximum economic benefits. Both main parties can agree that HS2 is about more than transport. High-speed rail is about unlocking the economic potential of the north and the midlands. It will drive a rebalancing of the UK economy by improving connectivity between the north and south.

Michael Fabricant Portrait Michael Fabricant
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The hon. Gentleman talked about HS2 being an integrated network, but one of my criticisms of HS2 is that it is far from integrated. The original plan was for it to go direct down through the channel tunnel and into continental Europe and I can give other examples—I will probably will do so in my speech—but this is far from integrated: it is stand-alone, meets at Crewe and does not actually go into Birmingham New Street. Why is this?

Andy McDonald Portrait Andy McDonald
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I am grateful to the hon. Gentleman for that intervention, and it is key that HS2 integrates. We have just heard words from the Secretary of State about the need to ensure that it does connect with our northern cities, but we are yet to see those plans unfurl. We have heard about Transport for the North’s aspirations, but this cannot be a stand-alone project; it is essential that it links into our great towns and cities throughout the nation.

Linking the great cities of the north and midlands is equally important and will bring much-needed economic benefits to those regions. Labour supports the nearly 30,000 jobs the construction of HS2 will deliver and the huge uplift it will give to apprenticeships and training, particularly outside London. It is not too early to consider how we will retain and develop those skills in the future in other infrastructure projects both at home and abroad. I would be interested in any comments the Secretary of State has on this point, particularly with regard to Northern Powerhouse Rail and Crossrail.

I also make a plea that we must not repeat the catastrophe of the Carillion experience with apprentices. Apprentices in my constituency are being left flapping in the wind, not knowing whether they are going to be paid. We hear today that their employment will come to an end at the end of this month. It is a disgrace that £6.5 million of public money has gone into an apprenticeship programme that leaves our apprentices short of their qualifications and without employment. The Government should intervene now to guarantee that those apprentices will receive that assurance from this Government today.

Chris Grayling Portrait Chris Grayling
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I am grateful to the shadow Secretary of State for giving way, and he and I share that view. I can assure him that, on the HS2 project, the apprentices who were employed by Carillion are migrating to work for Kier and those employed by Carillion have been moved on to the project with the other two partners. So not only should there be no hiatus in the work taking place, but, more importantly, the people on those projects are moving to different companies involved in them. There are obviously some very difficult circumstances elsewhere as a consequence of the collapse of Carillion, but I have been very keen with this project to make sure we have the seamless transition we contracted for last summer, and I am delighted to see the apprentices move on in a way that enables them to carry on with their apprenticeships.

Andy McDonald Portrait Andy McDonald
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I am grateful for that reassurance in the context of these projects, but I am particularly concerned about these apprentices in the here-and-now; there are 100 out of the 1,400 who have been prejudiced in my community and we want to see this Government respond by coming to the table and making sure those young people have a future. It is difficult enough to encourage people into these industries in the first instance without leaving them high and dry, as has happened on this occasion.

I welcome the commitments contained in HS2’s environmental principles. It is imperative that environmental standards and air quality are at the forefront of the project. Many of the arguments about why we need HS2, and why we do not, have been well rehearsed in this House over many years: passenger rail numbers have doubled since 1995; rail freight has grown by two thirds over the same period; and the existing network has been operating at full capacity for years. No amount of timetable-tinkering can change this; I trust that all Members are in agreement about that.

Although it is important to maintain our vital road network, there is an urgent need to secure modal shift across transport: we cannot build our way out of congestion on our roads, and we must be watchful about the sustainability of domestic air travel. In addition, we face the prospect of the population of Britain reaching 70 million by the end of the decade. So the question is: how are we going to move our people around our nation? It is no exaggeration to say that the very economic and social livelihood of this country is at stake. Our capacity to move people by rail and bus is therefore crucial.

Robert Goodwill Portrait Mr Robert Goodwill (Scarborough and Whitby) (Con)
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Given those circumstances and the pressure on the system, does the hon. Gentleman agree that the last thing this country needs is the nationalisation of our rail system?

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

I am grateful to the former Minister for his intervention. If he will be patient for just a few more minutes, I will happily address that point in full detail.

I was proud that Labour forced the Government to introduce much tougher reporting on HS2 spending through an amendment to the High Speed Rail (Preparation) Act 2013 before the previous Bill came to the House in 2014. I pay tribute to my predecessors, my hon. Friends the Members for Wakefield (Mary Creagh) and for Nottingham South (Lilian Greenwood), in that respect. We also amended that Bill to improve integration with existing transport networks and the specific reporting of the jobs and skills created by the project.

Jim Cunningham Portrait Mr Jim Cunningham (Coventry South) (Lab)
- Hansard - - - Excerpts

I do not want to digress too much, but this is all relevant. We only need an incident on the west coast main line for everything to stop, and that certainly needs to be looked at. Also, I have constituents who will not qualify for compensation as a result of this project.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

One of the main points about this project is that it will allow us to build resilience into the network. That is not an either/or; this is not simply about building HS2. My hon. Friend is right say that we need to build greater resilience into our network. On the point about compensation arrangements, it has been noted on both sides of the House that we need to ensure that proper compensation is paid. These are really sensitive issues, and people should not be left wondering whether compensation arrangements will come forward. My hon. Friend is right about that as well.

I am keen to hear the Minister’s views on striking the right balance between HS2 services and freight on the parts of the network where high-speed trains will run on conventional tracks. HS2, the Department for Transport and Network Rail need to resolve the important concerns that are being expressed by freight operators. Elsewhere, there are significant questions to be answered about how the new high-speed railway will integrate with the existing rail network. During the Second Reading debate in 2014, the previous Secretary of State for Transport boasted that

“upgrading Britain’s rail infrastructure is a key part of this Government’s long-term economic plan”.—[Official Report, 28 April 2014; Vol. 579, c. 567.]

He also said:

“we will be electrifying more than 800 miles of line throughout the country”.—[Official Report, 28 April 2014; Vol. 579, c. 561.]

It is quite clear that the Government have broken those promises over the past four years. They made commitments on rail ahead of the 2015 general election, only to break them days later. The reality is that the last two Transport Secretaries have cut upgrades to rail infrastructure and cancelled the electrification of rail lines. Of course, HS2 is but one piece of the jigsaw. I am therefore concerned that if the other pieces are not right, the whole thing will not fit together properly.

The current Secretary of State for Transport came to the House in November to announce his strategic vision for rail. The problem was that his plan was neither strategic nor visionary. It was a smokescreen to cover up a blatant multibillion pound bail-out of the east coast main line franchise. It is clear to passengers and taxpayers that this Government are defending a broken franchising system. Under this Government, protecting private companies comes before the public interest. Giving Carillion a contract for HS2 last July while that company was imploding was an appalling decision, and the Minister’s legal justifications for that decision were risible. His bail-out of Stagecoach-Virgin on the east coast was yet another serious misjudgement in which his dogma won out over pragmatism and common sense.

Bob Seely Portrait Mr Bob Seely (Isle of Wight) (Con)
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I think the hon. Gentleman has wandered into the wrong debate. We are talking about HS2, not about Carillion. Can we stick to the subject, please?

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
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Order. That is a matter for me, actually.

Andy McDonald Portrait Andy McDonald
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Thank you, Madam Deputy Speaker. The hon. Gentleman will find out what HS2 has to do with the east coast and west coast main lines if he can be patient just a little longer.

The Secretary of State’s promised east coast partnership between track and train by 2020 is unworkable and undeliverable. No one in the rail industry believes that it is actually going to happen. Another of his pet projects is the west coast project—perhaps the hon. Member for Isle of Wight (Mr Seely) will want to pay attention to this—which is going to be awarded later this year. The winner of that contract will run services on the west coast main line and oversee the introduction of HS2 services. The Government have a track record of accepting bids from the private sector that are either too high or too low, and the Department for Transport has proved unable to manage such projects. Given that the Secretary of State has been found wanting so often, what makes him think that his west coast partnership will work any better than his east coast partnership?

High Speed 2 will be the jewel in the crown of Britain’s rail network when it begins operations in the next decade. It will be a shining example of Britain’s capability and talent, and it will encapsulate our technological and engineering prowess. However, I can tell the Secretary of State that there will be uproar across the land, should this piece of the family silver be handed over to Virgin Trains, Stagecoach or others of their ilk. I can tell the House today that there will be no gift of HS2 to Richard Branson or Brian Souter under the next Labour Government. HS2 will be built with public money and it will stay in public ownership.

15:26
Lord McLoughlin Portrait Sir Patrick McLoughlin (Derbyshire Dales) (Con)
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I congratulate my right hon. Friend the Secretary of State on bringing forward this Bill. I also congratulate all those people in the Department for Transport and in HS2 who are working to finalise these proposals. It is a pleasure to follow the shadow Secretary of State, the hon. Member for Middlesbrough (Andy McDonald), although I think he slightly spoiled his speech by going off piste and talking about electrification. We will take no lessons from Labour on electrification, given its record between 1997 and 2010, during which time it electrified 10 miles of railway. I would like to say that that was a snail’s pace, but I think that a snail would have travelled further in 13 years than Labour did with its electrification.

Andy McDonald Portrait Andy McDonald
- Hansard - - - Excerpts

The former Secretary of State seems to have totally forgotten the 67 miles of HS1 that were electrified then. Those 67 plus 10 miles add up to a lot more than this Government have ever electrified.

Lord McLoughlin Portrait Sir Patrick McLoughlin
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I think that HS1 was operating before Labour came into government.

Lord McLoughlin Portrait Sir Patrick McLoughlin
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If the hon. Gentleman will allow me, I will make some progress.

It is right to say that we have seen a renaissance on our railways since privatisation, and that renaissance continued under the last Labour Government. Indeed, in their 13 years in government, they did not seek to change the franchising at all. They felt that that was the best way to operate the railways. We had the private sector and the public sector involved, and we saw our railways improve tremendously. If we get to a situation—I hope we do not—of the railways going back to a fully nationalised body, what happened in the ’60s and ’70s will happen again. Rail was always at the back of the queue for investment. Hospitals and education took priority; the railways were left without any priority whatsoever. There is no doubt in my mind that privatisation has led to the rejuvenation of the rail industry, and so much so that passenger numbers have increased from something like 700 million to some 1.6 billion, which speaks for itself.

I am pleased that the Bill has been introduced. David Higgins recommended that we should try to bring the investment and benefits of HS2 more quickly to the north. Should this Bill get its Second Reading today, it is worth remembering that we will see high-speed services to Crewe by 2027. In infrastructure terms, and given the necessary planning, that is not that far away, so I congratulate my right hon. Friend the Secretary of State on bringing the Bill forward.

I know that the Government are well aware of this, but I want to talk about the importance of continuing to develop skills in engineering. The National College for High Speed Rail, which is based in Doncaster and Birmingham, will enable people to get the engineering skills that are so important. All that follows on from the remarkable Crossrail project, which will start to open to the public later this year. We saw such skills in the television programmes covering its development across London.

This important Bill is about capacity. There are those who say that the Department for Transport and its Secretaries of State have changed their mind and that they talk about capacity more than speed, but the very first HS2 document that was published referred to capacity, too. The west coast main line is one of the busiest lines in Europe, if not the busiest. We need a massive injection of infrastructure, and this Bill is the answer

Jim Cunningham Portrait Mr Jim Cunningham
- Hansard - - - Excerpts

The right hon. Gentleman is quite right that we want to speed things up and that the west coast main line is very busy, but to go back to the point that I made to my hon. Friend the Member for Middlesbrough (Andy McDonald), what are we going to do about the bottlenecks? There were cancellations yesterday, and there only has to be one incident for everything to stop. That affects freight as much as anything else.

Lord McLoughlin Portrait Sir Patrick McLoughlin
- Hansard - - - Excerpts

I completely accept that, but the simple fact is that that is one of the reasons for the new line. We want resilience, alternatives and something that is much more modern. We have spent a fortune on upgrading the west coast main line from Birmingham up to Manchester, although I understand that we did not carry out any upgrade south of Rugby. The upgrade was essential, and if the then Government had been a bit more forward thinking, they could have built a new high-speed line then rather than doing an upgrade.

An upgrade has been undertaken, however, and it is very visible near Lichfield, for example, where the bridge has been changed as the line goes through Armitage to accommodate four tracks instead of two. There has been a huge amount of investment in the west coast main line, and that answers the question asked by the hon. Member for Coventry South (Mr Cunningham) with regard to the need for greater capacity, more alternatives, and the modern engineering that we will get from HS2. I cannot remember the exact year, but there was a time a few years ago when every single railway line in the country had problems because of weather disruption apart from HS1, which was built to a high specification with modern engineering.

Anna Soubry Portrait Anna Soubry
- Hansard - - - Excerpts

I am grateful to my right hon. Friend for giving way and for his excellent speech. Does he agree that capacity and speed are not mutually exclusive? Not only will we get a world-class new line to deliver new capacity, but we are improving our existing lines. With that in mind, will he confirm how much is about to be invested in the new signalling programme in Derby, a place he knows very well?

Lord McLoughlin Portrait Sir Patrick McLoughlin
- Hansard - - - Excerpts

More than £200 million is being spent in Derby on re-signalling and a new platform to ensure that London trains no longer have to cross the lines going to other parts of the country, thereby enabling those trains to go straight through on the main line. That is the kind of investment that is already happening in our railways up and down the country. My right hon. Friend the Secretary of State has been successful in securing extra investment not just for HS2, but for all the other railway lines that so badly need the kind of upgrades that we will see in Derby. We will no doubt complain when the station has to be closed for a period over the summer, but such a thing is inevitable if we are to achieve such overall benefit. We saw something similar just a few years ago at Nottingham station.

Bob Seely Portrait Mr Seely
- Hansard - - - Excerpts

My right hon. Friend speaks eloquently about busyness, capacity and bottlenecks on the west coast main line. Does he have anything to say about the south and south-west rail routes into London? Those routes are busier and have more capacity problems than many northern routes, but they will be unaffected by HS2 and might have their funding skewed because of it.

Lord McLoughlin Portrait Sir Patrick McLoughlin
- Hansard - - - Excerpts

I do not think that that is the case, but there is nobody better than the Secretary of State to answer those points. The tremendous investment at Reading station has improved the whole network to the south-west. The investment at that station alone was in the region of £800 million or £900 million. Extra flyovers were put in to improve capacity down to the south-west.

Rachel Maclean Portrait Rachel Maclean (Redditch) (Con)
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The improvement in overall capacity is brilliant for the people we represent in towns such as Redditch that are outside the major conurbations. The improved capacity will create an opportunity for more services from Redditch to Birmingham for commuting and jobs.

Lord McLoughlin Portrait Sir Patrick McLoughlin
- Hansard - - - Excerpts

My hon. Friend is right that HS2 will free up a lot of capacity that is currently used not for local services, but for services from London to Birmingham and on to Manchester. That is one of the answers provided by HS2.

Lord McLoughlin Portrait Sir Patrick McLoughlin
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I give way for the last time.

Gareth Snell Portrait Gareth Snell
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I thank the former Secretary of State for giving way. What does he think will be the extra capacity for commuter services around Staffordshire? There are no additional plans for commuter services under the proposals. There is no additional infrastructure, other than the HS2 route itself, so there is no immediate benefit.

Lord McLoughlin Portrait Sir Patrick McLoughlin
- Hansard - - - Excerpts

Perhaps the hon. Gentleman wants us to have a detailed timetable for 10 years’ time, but extra capacity will become available for new services. I believe that Stoke-on-Trent will benefit greatly from HS2 because of its link, its service and its closeness to Crewe. We then have to improve some of the road structures in and around Stoke-on-Trent so that people can receive the benefit. That will represent far more investment than Stoke-on-Trent saw in any year under a Labour Government, so we can be rightly proud of what we are doing.

I fully accept—my right hon. Friend the Secretary of State addressed this—that any big infrastructure project will always lead to certain people being inconvenienced. If there were a way of ensuring that people would not be inconvenienced, we would all move for it. I am afraid that inconvenience is inevitable. It is worth remembering that the first time a railway was proposed between Birmingham and London, the idea was defeated in the House of Commons because everybody said that the canals were perfectly adequate. That was part of the problem with the west coast main line, and it is why certain diversions were built into it.

The line from the west midlands to Crewe will be of significant benefit to transport infrastructure in this country, the United Kingdom as a whole and our cities outside London by creating connectivity not just between London and our cities, but between those cities. The line is important, and it is moving in the right direction. I congratulate my right hon. Friend the Secretary of State on this proposal.

15:38
Drew Hendry Portrait Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)
- Hansard - - - Excerpts

As we look at the current Secretary of State for Transport and his predecessors around him on the Conservative Benches, it is like old times.

The Scottish National party supports the development of the HS2 project, which we have discussed on a number of occasions. Even the Secretary of State would concede that the Scottish Government have worked very positively to advance the project, but that does not mean we are not critical of quite a number of aspects of it.

For HS2 to establish the benefits that have been suggested, it needs to be expanded much further and much faster—and, as we have heard, not just to Birmingham, Manchester and Leeds, but to Scotland, and with some haste. If this project was to be truly inclusive—the Secretary of State talked about the parity in this family of nations that we are supposed to have—there is a strong argument that HS2 should have started in Scotland and made its way down through the north of England, arriving eventually at London. The economic benefits would have been dramatic had that choice been made, and it was indeed a choice. Had the Government been serious about including the nations of the UK, that could have been done. While we are talking about being serious about being inclusive, let me say that if journey times are to be improved, perhaps one thing that would help to reduce delays dramatically, as this is one key reason for delays in Scotland, would be the devolution of Network Rail. Even at this late stage, the UK Government can make a difference if they choose to do so by committing to extending the service to Scotland without hesitation.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

The hon. Gentleman talks about starting the project in Scotland, but that is not a sensible idea at all. The whole point about capacity is that every morning we have 5,000 people standing on trains into London Euston and 3,000 standing into Birmingham New Street. If the project started in Scotland, that would just mean more Scottish people standing on trains as they tried to get into the capital.

Drew Hendry Portrait Drew Hendry
- Hansard - - - Excerpts

The hon. Gentleman knows that I have enjoyed debating with him and that I respect him greatly, but we always end up highlighting the fact that none of that was even looked at. No research was conducted on it. Unless he is willing to intervene to tell me about research that was conducted—[Interruption.] That tells us everything about how—

Drew Hendry Portrait Drew Hendry
- Hansard - - - Excerpts

The hon. Gentleman wants to get in—please do.

Robert Goodwill Portrait Mr Goodwill
- Hansard - - - Excerpts

It is patently obvious from all the traffic flows and the passenger numbers that as one gets closer to the capital, the congestion due to passenger numbers builds. As I say, we have 5,000 people standing every morning into London Euston, and there would be more Scottish people standing if we did not start in London and work our way up. It is, however, great that the time saving is going to benefit people in Scotland from day one.

Drew Hendry Portrait Drew Hendry
- Hansard - - - Excerpts

I wish to remain consensual throughout this debate, but I must point out, once again, that all the hon. Gentleman has done is to confirm that no work had been done to look at the economic benefits for Scotland and the north of England.

The Secretary of State’s argument that Scotland will already be on the HS2 line is weak. I agree that journey times to and from Scotland will be faster, by virtue of the increased speed in the south of England, but given that Scotland and its people are paying for a proportion of the new infrastructure, it would be wholly wrong for the new infrastructure not to come also to Scotland.

We support HS2 because of the benefits it could and should bring, but those benefits could be greater if the missing investment were made. Clarity is also required, and with some urgency, on the Barnett consequentials. The question of the Barnett consequentials has been raised again in this House today, yet the Government have failed time and again to answer it, despite being asked to do so on many occasions.

Although this will not be well received by Conservative Members, I agree with the shadow Minister that questions need to be asked about the governance and management of HS2, given the absolute shambles the Government have got themselves into with the contract—and, of course, the honours system as well. We are talking about £2 billion-worth of contracts awarded after profit warnings were issued. Why did the Government want Carillion to continue after a 70% drop in the share price and the issuing of profit warnings? Ministers need to give answers about that, and they should take the opportunity to provide them now. There are clear examples to show that the Government knew there were more than just superficial problems at Carillion, yet the contracts just continued. Why was that?

I said earlier that the Scottish Government are committed to working in a continuing partnership to reduce rail journey times—we are working closely with the Minister to hit the three-hour target—but the Government still have not recommended a route to Scotland. Is it going to be on the east or the west coast? They must now start to work on the best options for Scotland, consider the benefits and different business cases, albeit belatedly, and deliver so that people in Scotland get some value.

If the Government share the ambition of delivering sub-three-hour journey times, we will support that, but the project should not be about only times or the physical build. As the right hon. Member for Derbyshire Dales (Sir Patrick McLoughlin) said, we must consider skills and opportunities. He mentioned Crewe and other locations, but unfortunately he did not mention Scotland. This project can and should build skills, expertise, capability and jobs for a generation, but it also needs to be inclusive in terms of its opportunities and STEM objectives. We should be alive to the chance to provide opportunities to young people, especially girls and young women, who do not get mentioned enough in this context. Scotland has successfully delivered major infrastructure projects, with the Borders rail link a prime example among many others, and is already positioning itself as a hub for rail expertise. The Heriot-Watt high-speed rail centre of excellence has put Scotland firmly on the map as a place for specialist high-speed rail knowledge.

Let us expand the network to Scotland with some hitherto unseen urgency. Let us hear the answers on the Barnett consequentials. Let us have guarantees from the Government on the future governance of the project. If a true partnership is desired, as the Secretary of State has stated, let us see some ambition on the preferred route, a commitment to utilising the expertise and talent of the men and women of Scotland, and investment in our centre of excellence.

15:46
Michael Fabricant Portrait Michael Fabricant (Lichfield) (Con)
- Hansard - - - Excerpts

I beg to move an amendment, to leave out from “That” to the end of the Question and add:

“this House, while recognising the increasing need for additional north-south rail line capacity to relieve congestion on the West Coast Main Line south of the Midlands and to improve connectivity between major cities and with London, declines to give the High Speed Rail (West Midlands - Crewe) Bill a Second Reading because (1) there are better ways to address any rail capacity issues north of the Midlands, (2) the line set out in the Bill is routed through unspoiled countryside unnecessarily damaging the environment including wildlife habitats, ancient woodlands and waterways, fails to connect via HS2 Phase 1 with HS1, the Channel Tunnel and the European continent, fails to connect directly through HS2 Phase 1 with potential airport hubs for London and the south-east of England, and fails to connect directly to existing major mainline stations and the existing rail network, (3) the Bill provides inadequate compensation to those blighted by the route and those whose property is subject to compulsory purchase orders, (4) the Bill fails to provide for sufficient public transport to disperse HS2 passengers disembarking at London Euston, and (5) the Bill does not implement a more environmentally sympathetic, better integrated, and more cost-effective route, such as the route originally proposed by Arup which would have used existing transport corridors minimising environmental damage and reducing costs by around £10 billion, and which would have connected directly with HS1 and the continent, London Heathrow Airport, Birmingham International Airport, and major conurbations.”

First, may I say how much I welcomed the Secretary of State’s answer to my question about Lichfield? Many of my constituents will be reassured by what he said. If he is half as good as his predecessor, my right hon. Friend the Member for Derbyshire Dales (Sir Patrick McLoughlin), he will be very good indeed.

Having said that, I am afraid that I must now destroy the cosy consensus that seems to be prevailing on the Opposition and Government Benches. I shall explain why. When HS2 was first envisioned, people spoke about people in Manchester, Leeds and Birmingham being able to get on to a high-speed train and end up in Paris, Lille and, indeed, even Berlin, with Deutsche Bahn. But that is not to be. We heard from the shadow Minister that HS2 is an integrated railway, but it is not. It is nothing like that at all.

Let me present a hypothetical situation. One of my constituents from Lichfield, together with his wife, two children and all their luggage, decide that they are going to give up travelling by dirty aircraft and will instead travel by clean rail down to Paris. What is the reality going to be? Imagine my constituent, the wife, the children and the baggage. They get on the train at Lichfield City station—although this applies to stations up and down the country—and end up at Birmingham New Street. Then what happens? They have to leave Birmingham New Street with the two children and all their bags and walk for 22 minutes. At this point, I wish to praise Councillor Tony Thompson in Lichfield who has done the walk and timed it. Without the children and all the bags, it took him 22 minutes to tramp across Birmingham to get to Curzon Street to the proposed HS2 station.

After all that, can the family then relax, knowing that they will end up in Paris? No, they cannot—because, instead, the train arrives at Euston. My right hon. Friend the Foreign Secretary, when he was Mayor of London, pointed out, quite rightly, that Euston has a capacity problem—not with trains arriving, because Euston is to be extended, but with getting people away from Euston, because there is not the public transport. Even if there was sufficient capacity, the family then have to tramp, yet again, either down a series of escalators and back up again, with children and with all the bags, or they walk across London to get to St Pancras.

Michael Fabricant Portrait Michael Fabricant
- Hansard - - - Excerpts

I will give way in a moment.

Finally, when they get to St Pancras, they can settle on the train. So much for a quick and easy journey from the north-east down to Paris.

Michael Fabricant Portrait Michael Fabricant
- Hansard - - - Excerpts

I will give way to the hon. Gentleman who has been trying to get in.

Ian Mearns Portrait Ian Mearns
- Hansard - - - Excerpts

For 15 months, I was a member of the HS2 Bill Committee, and I did that very walk myself. I did not get a friendly councillor to do it for me; I did it myself. It took about six to eight minutes top whack. I know that, in future, the route will be better than it was then because an awful lot of construction work was going on around New Street at the time. It was six to eight minutes top whack.

Michael Fabricant Portrait Michael Fabricant
- Hansard - - - Excerpts

But the hon. Gentleman is thin, lithe and athletic. I am talking about a harried husband, a wife, squabbling children and loads of luggage. That is what I am talking about.

Chris Grayling Portrait Chris Grayling
- Hansard - - - Excerpts

May I take my hon. Friend slightly closer to home, not perhaps in his own constituency, but alongside? Those people who seek to commute from Rugby, Coventry, Birmingham International and intermediate stations into Birmingham find that their daily journey is delayed by the fact that this line, which is two-track only and which can only be two-track, has express trains, local trains, intermediate trains to Northampton and even some freight trains on it. It is chaotic and jammed all the time. HS2 takes off the express trains and gives those people a better commute into Birmingham. Is that not something that the west midlands should champion?

Michael Fabricant Portrait Michael Fabricant
- Hansard - - - Excerpts

My right hon. Friend is absolutely right about that. I do not think that there is any argument about the capacity problem. It was he, or perhaps it was my right hon. Friend the Member for Derbyshire Dales, who said that the west coast main line is operating at 100% capacity and that it is the busiest line in Europe. In fact, it is a triumph in that people have moved on to those trains in their millions since the time when a Labour Government were in power, and certainly since the time of nationalisation—and we all remember those curling sandwiches. Of course there are advantages, too, but it could have been done in a much better way. It is not a connected service. What do we have now? The genesis of it all was Lord Adonis who, in 2007, came up with the idea of the route. I can tell Members that he was astonished when the Conservative Government accepted that route. Again, let me say very clearly that I am arguing not against HS2 itself, but against the way in which it is being executed. That is what I am criticising. Lord Adonis wanted an ultra-high-speed line. As a consequence, he got rulers on maps, drew straight lines, crashing through countryside, which had previously not been damaged, destroying ancient woodlands, and generally messing up the entire area.

Anna Soubry Portrait Anna Soubry
- Hansard - - - Excerpts

My hon. Friend makes a very important point. I do not agree with the overall drift of where his speech is leading us to, but he makes a very good point, which is about the importance of connectivity. There is no point in spending billions of pounds on a brilliant new service unless the connectivity is there. Does he agree that, when we look at other projects, we know that the ones that work—wherever they are in the world—are ones where a person can get off one line, and move swiftly and easily, in comfort, to another line, or another piece of transport.

Michael Fabricant Portrait Michael Fabricant
- Hansard - - - Excerpts

My right hon. Friend is absolutely right. And that, really, is my main criticism of HS2—that it is not integrated. We cannot get on in Birmingham and end up in France and it does not connect with HS1. The sadness is that Arup originally came up with a proposal that would have done just that. The original Arup proposal would have been more on the surface, using existing transport corridors, so it would have been £10 billion to £12 billion cheaper. At the same time, it would have been less environmentally damaging, and that would have made sense. Under Arup’s plan, we would have been able to get on a train at Birmingham New Street and, as a consequence, end up in France. But no—because we were at that point obsessed with running at ultra-high speed, we decided that we would do this project with straight lines going through virgin countryside.

Thank goodness that there will now be kinks and loops—thanks, in part, to my right hon. Friend the Member for Derbyshire Dales—so that HS2 does not go smashing through the middle of Lichfield cathedral or, indeed, so that it does not damage Tatton. I remember that my former right hon. Friend, George Osborne, managed to get a few kinks in the line as well. But do you know what the irony is, Madam Deputy Speaker? The irony is that, because of all the kinks and loops, HS2 trains cannot now travel at ultra-high speed. Quite frankly, with the benefit of hindsight, we could have had a more connected train service that was less environmentally damaging and £12 billion cheaper than the present one. At the same time , it could have been something that people would cherish in years to come. Yes, they may cherish the route from Coventry to Birmingham, but I think that young people wanting to travel seamlessly to the continent by train will be sorely disappointed.

Now, I mentioned how phase 2a would affect Lichfield. By the way, Lichfield has had a double whammy because we were affected by phase 1 and are now being affected by phase 2a. Phase 2a will cause the loss or damage of 18 ancient woodlands—just on that short route—and the loss of 27 veteran trees between Lichfield and Crewe.

Anna Soubry Portrait Anna Soubry
- Hansard - - - Excerpts

Twenty-seven?

Michael Fabricant Portrait Michael Fabricant
- Hansard - - - Excerpts

Twenty-seven, yes. Do not knock that, though. We are talking about ancient trees and woodlands, which cannot be repeated. We cannot dig them up and then replant them because—hey!—they are not ancient anymore. The definition of an ancient woodland is that it has to be 400 years old with a soil structure that can only be generated when it is 400 years old. As the Secretary of State said, all large infrastructure projects will cause damage, and of course I accept that. But if we had gone with the original Arup route, which Lord Adonis thought would be far too slow—it would only run at high speed, not ultra-high speed—we would not have had so much damage.

I am very pleased to see my hon. Friend the Member for Poole (Sir Robert Syms) in the Chamber. He ought to be a right hon. Member because he chaired the High Speed Rail (London - West Midlands) Bill Select Committee for phase 1. I praise all the Members who served on that Committee, because at least I can offer my constituents the hope that, if the Committee that will be set up if this Bill goes through Parliament is half as good as his Committee, there will be improvements. If people petition and petition well, there will be changes to the route.

Finally, I re-emphasise the point I made earlier in a question to the Secretary of State. It is important that we do not lose sight of the west coast main line and continued passenger services. I believe that 44 railway stations on the west coast main line will not be directly affected or served by HS2. We still need our Virgin trains and our slower trains including the excellent service that is now being provided by London Northwestern Railway, which succeeded London Midland, which, incidentally, started off badly but improved a lot during its franchise period.

There will come a time when the Pendolinos will become unusable because they have reached their age limit. It is hugely important that the Department for Transport begins to start thinking about a replacement for that high-speed service, because Lichfield commuters do not just commute into Birmingham, Stafford and places like that—they are commuting down to London daily. One very senior guy at the BBC said to me, “Michael, I don’t have to send my kids to a private school”—this is the BBC for you, but we know about their salaries—“because the schools are so good in Lichfield, and I can afford to live in a large house with lots of land around me, which of course I could never do in London.” That is thanks to the Pendolino service.

Rachel Maclean Portrait Rachel Maclean
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With regard to broadcasters and where they could be located for their jobs, does my hon. Friend not think that HS2 is a great argument for Channel 4 to be relocated to the west midlands, because the Channel 4 executives could commute from London, or wherever they like to live? They could be based in Lichfield and make their programmes there.

Michael Fabricant Portrait Michael Fabricant
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They could be based in Lichfield, yes, or in Birmingham. I hope that Channel 4 will indeed move out of London. I know that this is completely out of order, Madam Deputy Speaker, but I am now putting in our bid for the west midlands on that.

I have explained why I cannot support this Bill. I will not press my amendment to a vote, but if, as I expect, there is going to be a Division on the substantive motion, I am afraid that I will have to vote against the Government on this occasion.

Michael Fabricant Portrait Michael Fabricant
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It is a shame, as my right hon. Friend says. I very rarely vote against my own Government, because we are so successful in what we do, but there is this blindness about the design of HS2—and it has permeated across to the Labour Front Bench as well. I could not believe it when the hon. Member for Middlesbrough (Andy McDonald) said that it is an integrated railway line, when it very clearly is not. I will vote against this Bill, and I hope that other colleagues in the House will join me.

16:03
Laura Smith Portrait Laura Smith (Crewe and Nantwich) (Lab)
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I am pleased to follow the hon. Member for Lichfield (Michael Fabricant). I am not sure if my speech will be quite as colourful, I must say.

The significance of this Bill for my constituents cannot be overstated. Crewe is a proud railway town. In fact, it is believed that Crewe was named after the railway station, rather than the other way around. The current station was completed in 1837 and has been recognised as one of the most historically significant railway stations in the world. Crewe was chosen after the nearby town of Winsford rejected an earlier proposal, as had landowners in Nantwich, which is also in my constituency. Nowadays, there are 23 trains passing through the station every hour, with additional, less frequent, services. The railway has shaped our history, our heritage and our culture in my constituency. It still plays a part in our local industry at Crewe Works, which has been owned by Bombardier since 2001. At its height, Crewe Works employed more than 20,000 people, but that dropped to fewer than 1,000 just over a decade ago. That gives a feel of just how much my constituency has changed.

Many of my constituents see HS2 as an opportunity for Crewe to regenerate economically and reconnect with its identity as a key player in the country’s national transport strategy. Today, I will set out the reasons why I support the Bill and the case for HS2—a project that was, indeed, proposed by a Labour Government. In doing so, I hasten to add that my support for the project is not unconditional.

One reason why HS2 has had support in my constituency is that it is not simply another project designed for the benefit of the south-east, but would benefit regions across the country. However, there are concerns in Crewe and Nantwich that as the project increasingly comes under budgetary strain, the Treasury might lack the appetite for the level of spending needed to deliver the greatest return on investment.

I am particularly concerned by comments made previously by the Secretary of State for Transport that decisions regarding the future of my constituency will be subject to affordability. We cannot afford not to get this right. As such, I ask the Secretary of State to clarify today when we will hear the outcome of the Crewe hub consultation and the Government’s plans.

If all that HS2 achieves is a fast track between London, Birmingham and Manchester, there is a very real possibility that it will reduce my constituency to little more than a bedsit on a commuter belt, where the next generation are priced out of living in the towns that they grew up in.

Helen Jones Portrait Helen Jones (Warrington North) (Lab)
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I apologise that I could not be here for the beginning of the debate. I fully support my hon. Friend on the need for a proper, integrated hub at Crewe, not least because that makes the spur that was proposed through Warrington absolutely redundant. A proper hub would enable many more towns in the north-west to benefit from HS2.

Laura Smith Portrait Laura Smith
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I agree, and I will come on to connectivity shortly.

Such short-sightedness would be a huge strategic miscalculation and a missed opportunity to future-proof towns such as those in my constituency from the troubling economic trends that we face. This cannot be about helping to expand the cities at the expense of squeezing out growth in the communities that I represent.

Limiting the service to two stops per hour at Crewe is simply a nonsensical proposal that will not only hold back my constituency for generations but will have consequences for areas beyond the north of Crewe and north Wales. For Government to overlook the clear business case for seven stops per hour at Crewe, or to act as a barrier to the strong local and regional ambitions, would be unforgivable.

Regional inequality is a major threat to the UK economy. Despite talk of a northern powerhouse, we are being presented with further evidence that the north-south divide remains as deep as it has ever been. Many living in left-behind towns look to the past with nostalgia and to the future with cynicism—and who can blame them? Their communities have suffered all the worst consequences of aggressive globalisation, and for very little reward. In Crewe and Nantwich, there are almost 4,000 children living in poverty, and wages are below the UK average. In fact, 28% of workers are paid less than the living wage, which is worse than the average for the north-west. Young people struggle to see a future filled with opportunities, and work no longer provides an escape route from poverty for struggling families.

In many ways, it is getting worse. A report this month by IPPR North suggests that the attainment gap between the north and the rest of England has widened to 5% at NVQ4 level, setting the north up to be the worst affected by an adult skills crisis. Another report this month by the Centre for Cities predicts that the rise of robots will deepen the economic divide if current trends continue, with almost a third of jobs in the north and the midlands vulnerable to automation and globalisation. Another report by IPPR North this month indicates that planned transport investment in London is two and a half times higher per person than in the north of England.

Many northern towns and cities are still struggling to recover from the industrial decline of the 1970s and 1980s, and this north-south divide threatens to hold back our national productivity. Some businesses choose to pay almost four times as much per square foot for their premises in London and the south because of poor connectivity in the north. Decades of inaction by successive Governments have left the north at the mercy of the markets.

There is no greater example of the need for Government intervention and strategic economic planning than the unsustainable situation we find ourselves in. The market has failed to provide any answers for the north, and HS2 provides one way in which the Government can begin to address this problem as part of a wider strategy. If delivered properly, this project will place my constituency at the heart of the UK’s most vibrant economic area, providing a successful and sustainable future for the next generation. Britain’s future in the world is surely as a knowledge-based economy, excelling in areas such as high-tech manufacturing. Such an economy will require a national transport strategy that prioritises high levels of connectivity. This requires increasing capacity and reliability, not just decreasing journey times.

Crewe is already a gateway station for the north-west, with regional and long-distance connections to the wider north-west, the east midlands and Wales. The phase 2a link will help to provide much-needed additional capacity for freight and will improve reliability for commuter services. It should be welcomed that the Government have brought forward the opening of the phase 2a link to 2027 as that will provide benefits to the north-west and beyond. Making the most out of connecting HS2, classic rail and the motorway network at Crewe could create 120,000 jobs across seven major local authority areas. Work undertaken by the Constellation Partnership indicates that 20,000 jobs would be created at the Crewe hub campus alone, with 17,000 additional jobs in the wider area.

My vision for HS2 is not as an end in itself, benefiting only businesses and commuters, but as a catalyst for the radical rebalancing of our economy, redistributing wealth from London to places such as Crewe and Nantwich and the rest of the UK. I must stress that this is not about asking London to lose out to the north; it is simply about achieving sustainability for London while allowing the north to achieve its full potential, which will benefit our entire country.

I want everybody in my constituency to feel the benefits of HS2, even if they never ride a train in their lives. Rail lines from Crewe reach out across to the smaller towns of Cheshire, to Warrington and the Wirral, to Manchester and Liverpool, to Lancashire, Shrewsbury, Derby and Stoke, and even to Scotland and Wales. A proper regional hub at Crewe, with a new northern junction to allow for maximum onward connectivity, will provide unrivalled opportunities for the whole of Cheshire, north Staffordshire and beyond. It is imperative that Crewe has direct high-speed services to key destinations, including London, Old Oak Common, Birmingham, Manchester airport, Manchester Piccadilly, Preston, Liverpool, Glasgow and Edinburgh.

As such, I support not only this Bill, but expanding the scope of the current HS2 programme to enable the interventions needed to deliver the services I have described. Although the services that run on our high-speed network will not be determined by statute, our legislative framework will determine what we are capable of achieving. It is vital that this Bill is supported today, and that future Bills do not limit our options. A proper regional hub could take advantage of existing connectivity and extend the benefits of HS2 to millions of people in the north, including those in our often forgotten towns beyond the major cities.

16:14
Bob Seely Portrait Mr Bob Seely (Isle of Wight) (Con)
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It is a pleasure to follow the hon. Member for Crewe and Nantwich (Laura Smith). May I welcome my hon. Friend the Member for Wealden (Ms Ghani) to her new role and wish her all the best? It is very good to see her on the Front Bench.

I welcome the Government’s very considerable investment in our rail system—it is very good to see—and I support their ambitious railway agenda. There are lots of good things happening in our railway system. However, I find it hard to believe that the £52 billion being spent on HS2 could not have been better spent more broadly across the system.

I am not opposing or voting against the Bill, because I think there is little point: HS2 is going to happen. However, I think it would have been significantly better for our economy to have prioritised HS3, which is a good idea and clearly important for the north of this country, and then, if HS2 was to be built, to have started in the north and worked south, rather than the other way around.

What seems to be clear is that HS2 is extraordinarily expensive. There are poor returns, and by the Government’s own admission, a 1:2.3 ratio of return is extremely poor. HS2 harms the environment. It seems to be a bit of a muddle. Once we had straight lines and we were going superfast. Then we had bends and we could not go superfast. Then the stations did not quite integrate, and there does seem to be a problem with that integration up and down the network, which other Members have rightly spoken about.

However, my main concern is the cost to the other parts of the rail network. Again, Members have spoken eloquently about the need for greater capacity. HS2 does nothing for capacity for southern rail or for south-west rail. The south-west rail network is crying out for investment. We need rail flyovers at Woking and at Basingstoke to get more services on that line. We need to update the signalling system between Waterloo and Woking, and eventually elsewhere on the line, to improve speeds and services. We need infrastructure on the Portsmouth line, to increase capacity. Getting from London to Portsmouth, you travel at an average speed of around 45 miles an hour, and the idea that we are spending billions building a rail network to go superfast up north when we are still travelling at branch-line speeds on mainline routes in the south of England is very galling to very many constituents in constituencies across southern England.

We need also, probably, to double the track between Southampton and Basingstoke. My right hon. Friend the Secretary of State talked about a bright new future for the railways. We do not see that on southern, and we do not see it on south-west rail main lines. If I remember correctly, my right hon. Friend, whose agenda I very strongly support and for whom I have a high regard personally, has assured me that south-west rail projects are not affected by the HS2 project. So can he—or can she—put on record a confirmation that HS2 has not delayed, or has not affected the funding and supply of, south-west rail mainline improvements, or of Crossrail 2, which will benefit the users of south-west rail, if they use Clapham?

Michelle Donelan Portrait Michelle Donelan
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I agree, and I want to see benefits to connectivity in my constituency, including a new station in Corsham. But will my hon. Friend accept that HS2 does benefit the UK as a whole, in the form of jobs, as I said, or because we all have a wealth of SMEs in our constituencies whose supply chains and customers are based throughout the UK, and they can only benefit from this extra connectivity?

Bob Seely Portrait Mr Seely
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In principle, my hon. Friend makes a very good point and I thank her for her intervention. The problem is this. I return to the profit ratio—or the cost-benefit ratio. If any of us were to go to a Minister or Government Department and say, “This is a fantastic project and it has a ratio of 1:2.3,”—which are the Government’s own figures for HS2—we would get laughed at. To get a project off the ground, according to Green Book assessments, a ratio of 1:5 upwards is needed, and preferably 1:7. So 1:2.3 is a very poor return for Government money by the Government’s own figures. Anything that helps, within reason, expenditure and our economy is to be welcomed, but by the Government’s own figures this cost-benefit is dubious. I thank my hon. Friend for the intervention.

If HS2 will cause no delay to south-west rail projects, will my right hon. Friend commit to prioritising the necessary work on the south-west rail route that could speed up journey times between London and south coast destinations such as Portsmouth, Southampton, Bournemouth and, yes, the Isle of Wight—my constituency? I know that my right hon. Friend is a user of south-west rail and feels the pain of the half a million people who travel in to Waterloo every day. Will he—or will she— consider setting Network Rail and the new franchise a speed target of a 60-minute service to Southampton and Portsmouth? You can get two trains an hour down the main line to Southampton. They take about one hour 17 at the moment. If we are interested in high-speed rail, can we set a new target of getting people to Southampton and Portsmouth within the hour?

In addition, I will write to my right hon. Friend tomorrow in connection with the Island. He has been kind enough to sound positive about the needs of my constituents for better public transport, especially since we get precious little infrastructure money. In my letter, I will ask about the programme of reopening branch lines and investing in the Island line. Earlier this month, Isle of Wight Council voted to support a feasibility study on extending the branch line in possibly two directions and, working with our wonderful heritage line, the Havenstreet steam railway, to get people into Ryde, which would be very important.

My letter will cover support for investment, support for a feasibility study, and, dependent on the results of that study, support for the branch line and capital work on Ryde Pier Head to ensure that the railway line there stays feasible, continues and has a future. I am supportive of my right hon. Friend on his agenda, which is excellent, but will you assure me, considering that you are spending £52 billion on one line, that the Department will not tell me that you cannot afford a feasibility study?

Eleanor Laing Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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Order. If the hon. Gentleman is referring to the Minister, he must say the Minister, not you. I apologise for interrupting him, but this is becoming a widespread habit of Members all around the House and it must not go on. I am sorry that the hon. Gentleman is the person who is hearing this, and I am sure that other people will now be rather more careful. He is not a consistent offender; he is normally very proper in his behaviour.

Bob Seely Portrait Mr Seely
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Thank you very much, Madam Deputy Speaker. I do apologise; I had noticed that I had written a few yous, and I scrubbed them out and put hes and shes. If my notes still contained a few yous, I apologise. As my right hon. Friend the Secretary of State is not here, I was trying to work out whether I should be using he or she, or whether we have reached a post-gender age for Ministers as well as for the rest of us.

Eleanor Laing Portrait Madam Deputy Speaker
- Hansard - - - Excerpts

Perhaps I can help the hon. Gentleman and the House. The word “Minister” is very useful, because it covers just about everything and anyone, no matter which gender they might be on that particular day.

Bob Seely Portrait Mr Seely
- Hansard - - - Excerpts

Thank you, Madam Deputy Speaker. On that point, I will wind up.

I am very supportive of the Minister’s agenda, whichever one we are talking about, but given that we are spending a great deal of money, will the Minister assure me that the Department will not be telling me that a feasibility study is not possible because of cost? Will the Minister assure me that if a feasibility study recommends extension of our lines, that will be supported, given that the costs involved, £10 million to £30 million, are margins of error in Government accounting in the Department of Transport? Will the Minister assure me that there will be support for infrastructure projects both for the South Western Railway network and the Island line, notwithstanding the considerable amounts of money that are been spent elsewhere?

16:23
Christian Matheson Portrait Christian Matheson (City of Chester) (Lab)
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What a pleasure it is to follow the hon. Member for Isle of Wight (Mr Seely). If he will forgive me, I might disagree with him on one point. In my view—the figures are overwhelming—the investment in infrastructure in London and the south-east, although it perhaps does not extend entirely down to his patch, is around nine or 10 times as much as that in my area in the north-west and the north of England. Plenty of people will look at the HS2 expenditure and say it is about time that the north-west of England got some expenditure.

In principle, I am very much in favour of HS2—and HS3, HS4 and HS5. Infrastructure spending is good for the economy; it generates growth, it drives growth and connectivity, and it is a good thing for the whole country. Like my hon. Friend the Member for Crewe and Nantwich (Laura Smith), however, I share the concern that what we might get is, to coin a railway phrase, the wrong type of HS2, on the basis that all we will have is a fast line linking London, Birmingham and Manchester, and no benefits will accrue to the surrounding areas. In terms of growth in this country, the cities are already overheating, whereas towns and counties—

Christian Matheson Portrait Christian Matheson
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I give way to my good friend.

Kevin Hollinrake Portrait Kevin Hollinrake
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Does the hon. Gentleman therefore welcome the £300 million that has been set aside to connect HS2 with HS3—also known as Northern Powerhouse Rail—which will stretch from the west coast of the north to the east coast?

Christian Matheson Portrait Christian Matheson
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I will welcome it when it is built and when we actually have something going. HS3, or Northern Powerhouse Rail, is a slogan rather than a railway, and I look forward to its being a railway rather than a slogan. There is a real danger that the benefits that accrue will not do so for the whole country. This is a national project and the benefits that derive from it should be national, too.

In particular, I want to discuss the Crewe hub, which I was pleased to hear the Secretary of State refer to several times. We get lots of positive, warm words—if that praise is not too derogatory—about the importance that Ministers at the Department for Transport attach to the Crewe hub. However, time and again, after two years of pressing, we still have had no firm details about what format it will take or how it will integrate into the rest of the network.

I was pleased to hear my hon. Friend the Member for Middlesbrough (Andy McDonald), the shadow Secretary of State, talking about the need for HS2 to be integrated into the rest of the network. The hon. Member for Lichfield (Michael Fabricant) might have misunderstood, but that was very much my understanding, and that is exactly where the Crewe hub would come in. With the greatest respect to my good friend the Member for Crewe and Nantwich (Laura Smith), Crewe does not have a large enough population to justify an HS2 station, but the lines and connectivity radiating from it as a central hub in that part of the north-west and the north midlands would provide the services and the weight of gravity to make the Crewe hub essential to HS2.

Michael Fabricant Portrait Michael Fabricant
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What the hon. Gentleman says about Crewe is absolutely right, but does he understand my disappointment that there will be two separate stations in Birmingham and two separate stations in London, instead of it being integrated there as well? While the north is important, so are the midlands and the south.

Christian Matheson Portrait Christian Matheson
- Hansard - - - Excerpts

I do understand the hon. Gentleman’s disappointment. Actually, I share some of it, and if he bears with me I will come on to that in a moment.

The lines that would radiate from Crewe would include the existing west coast main line, which my hon. Friend the Member for Warrington North (Helen Jones) talked about, so Warrington, Wigan and south Lancashire would benefit, as would my constituency and hopefully, the north Wales line. Again, I say to Ministers that for the real benefits to accrue, the Chester and north Wales line would need to be electrified; I have not given up on that, even if they have.

The Crewe hub would mesh nicely with the Growth Track 360 proposals that leaders in Cheshire West and Chester and across the border in north Wales have put together to really try to mesh our railway offerings. I know that Ministers have seen those. My hon. Friend the shadow Secretary of State was extremely helpful when I talked to him about my concerns. He took them to HS2 Ltd, which was asked about the benefits that somebody from Chester might gain. This is where I come back to the hon. Member for Lichfield. Apparently, under the current HS2 proposals, those benefits would include HS2 freeing up capacity on the west coast main line, so that more trains would be able to go through, between Chester and Lichfield, on that line. He talked about the potential, over time, for the west coast main line to wither on the vine, and I share that concern. Those of us who are not in London, Birmingham or Manchester may not get the full benefits, because we will be asked to take the benefits of the west coast main line instead. Much as those are benefits, that is not the high-speed line on offer.

I detect a certain disconnect—I ask Ministers to look carefully at this—between HS2 Ltd and its proposals and the plans from Network Rail and the Department for Transport for the development of the railways. HS2 Ltd has been tasked with building the HS2 line and some amorphous idea of a Crewe hub, but we are still not sure what or exactly where it is in Crewe or of the layout of Crewe station. The plans do not fit in with the broader sub-regional plans for the growth of the railways. All HS2 Ltd seems concerned with is the delivery of the new high-speed line. I urge Ministers to look carefully at ensuring that the proposals for HS2 and others, such as Growth Track 360, mesh together in the connected way that my hon. Friend the shadow Secretary of State talked about; otherwise we will not accrue the full benefits.

I welcome the Minister to her place, and I make this plea to her: I ask that she think carefully about how the Crewe hub can be given a reality that benefits not just the big cities but north Shropshire, south Lancashire, all of Cheshire, all the railway lines radiating from Crewe, and particularly—as far as I am concerned—the Chester and north Wales line. It has to mesh together. At some point, we have to stop kicking this particular can down the road and come out with firm and deliverable proposals for a Crewe hub that will share the benefits of HS2 that will not otherwise accrue.

16:30
Maggie Throup Portrait Maggie Throup (Erewash) (Con)
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It is a pleasure to follow the hon. Member for City of Chester (Christian Matheson) and to contribute to this debate. I too welcome the new Minister to her place. I am sure we will be having many conversations over the coming months and years.

I would like to speak specifically to the reasoned amendment in the name of my hon. Friends. Although I cannot support it, I have some sympathy with it, specifically on the issue of property compensation. The compensation packages agreed under the Bill will have a significant impact and influence in the future when similar measures are agreed for phase 2b, which affects my constituency. It is extremely important, therefore, that we get it right now for those affected by phase 2a and phase 2b.

I am sure that my residents are not unique in their frustration with the process, but what are unique are the specifics around the property market in Long Eaton. The plus 10% on offer through the express purchase scheme for residents in the safeguarded area is not enough for many of my homeowners to buy a new home just two streets away. This is not acceptable. These residents, some of whom have lived in the same home for many years—often 40 years and more—are losing their homes, and for them their home is their castle. There must be an alternative for my constituents, and I hope that a way forward can be found.

I am sure that my right hon. Friends the Secretary of State and the Prime Minster agree, as they have both said in this place, that no one should lose out as a result of HS2. On 17 July last year, the Secretary of State said:

“I am clear that I do not want people to lose out as a result of this”—[Official Report, 17 July 2017; Vol. 627, c. 674.]

On 11 October, in a response to a question of mine, the Prime Minister said:

“my hon. Friend the Rail Minister is determined to see that fair and comprehensive compensation for those directly affected by the route is paid, and it will be paid as if HS2 did not exist, plus the 10% and reasonable moving costs.”—[Official Report, 11 October 2017; Vol. 629, c. 328.]

I would suggest that Long Eaton is the town most affected by HS2 across the whole of the country along any part of the line. It may not have a long stretch of the rail line—indeed, it is estimated to be only 3.3 miles—but those 3.3 miles will be directly through the town on a 16-metre high viaduct. That is why it is so important to get it right for residents who are losing their homes and those left behind, and why I ask the Minister to take another look at the compensation packages, not just for my constituents but for those affected along the whole line. For residents in relatively low-cost housing areas, such as New Tythe Street and Bonsall Street in Long Eaton, I would like to suggest a scheme that encompasses an equity share option. We should also recognise, however, that it is not just about money; it is about keeping communities together, and I believe an equity share scheme would do just that.

HS2 Ltd has a specific question to answer about why it is pursuing and progressing with special measures for the Shimmer estate in Mexborough but not applying the same principles to Long Eaton. I am also concerned by the way it is interpreting current guidelines and so often appears to be working against residents rather than with them.

It is also important to consider the impact that HS2 will have on businesses that are blighted by the project. For my local businesses, the uncertainty has existed since early January 2013. It has been over five years, with no end in sight yet. It is imperative for HS2 Ltd to improve on its poor record of engagement by engaging in early and meaningful interaction with businesses on which compulsory purchase orders have been served.

Michael Fabricant Portrait Michael Fabricant
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It was certainly my experience with phase 1 that the constant changes of personnel within HS2 Ltd caused problems. There was not just disengagement between HS2 and our constituents, but, apparently, disengagement between HS2 personnel themselves, with one hand not knowing what the other was doing.

Maggie Throup Portrait Maggie Throup
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Not just people but processes seem to change, and HS2 Ltd is not passing the information on to the chartered surveyors who are working on its behalf or to those who are working on behalf of the residents.

The Country Land and Business Association has reported that rural business owners who go through the compulsory purchase process find it difficult to secure funding to develop their businesses, or have existing finance agreements reviewed. Whether it is rural or urban, the problem is the same, as some of my local businesses in Long Eaton have discovered.

The Country Land and Business Association has also told me that the Government have committed themselves to enacting legislation to provide for advance payments, and I ask the Minister to comment on that today. Business cannot continue to be successful with such uncertainties hanging over them. As many Members know, all successful businesses have short, medium and long-term business plans but they cannot operate, given the current air of uncertainty.

Let me issue one final plea. At present, many of the areas affected by the line of route have only a very narrow safeguarded area on either side of the line. I ask the Minister to urge HS2 Ltd to be realistic about the amount of land take required, and take action now to safeguard the true area needed so that residents can get on with their lives.

Cheryl Gillan Portrait Dame Cheryl Gillan
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I do not know whether my hon. Friend agrees with me that, so far, HS2 Ltd’s approach has been to limit the amount of compensation that it pays, and reduce it. Although it has, I believe, acknowledged that it may need to pay more to finalise claims, it is the interruption to lives, businesses and landowners that is causing so much aggravation. Does my hon. Friend agree that the Government should immediately enact the legislation to provide for advance payments, and that that really must happen soon?

Maggie Throup Portrait Maggie Throup
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I completely agree with my right hon. Friend. We need to get these things moving. I know residents whose properties, under the need-to-sell scheme, were being valued at over £200,000, but under the express purchase scheme, they were offered £140,000 for the same properties. Many of these people are elderly, and they are often quite ill. It is really distressing to see what they are going through.

In 2015, the then Secretary of State—my right hon. Friend the Member for Derbyshire Dales (Sir Patrick McLoughlin), who is no longer in the Chamber—said that the Government were committed to going above and beyond what was required by law, including discretionary measures to help more people. That is what we are talking about today—going “above and beyond”.

The HS2 residents charter aims to ensure that residents are treated in a fair, clear, competent and reasonable manner. I hope that, as we debate this hybrid Bill today and when, in the future, we debate the hybrid Bill providing for phase 2b, the charter will feature front and centre in the treatment of constituents along the whole HS2 route. They deserve that: it is the least we can do for them when we are taking their homes away.

16:34
Kevin Barron Portrait Sir Kevin Barron (Rother Valley) (Lab)
- Hansard - - - Excerpts

May I begin by making my apologies, Madam Deputy Speaker? I was present for the opening of the debate, but I had to leave afterwards because I had a meeting with Mr Speaker. May I also welcome the Minister to the Front Bench?

I supported HS2 for many years. I truly believed that it would help to bridge the divide between the north and London in the south. I even defended the astonishing cost to my constituents, as I thought that it would benefit people in my constituency. However, I now believe that the case has become flaky at best, owing to a number of factors.

A Public Accounts Committee report raised a number of serious issues. It said there was a

“serious risk of fraud, corruption and error”

due to a combination of poor financial controls and other systems. It highlighted the fact that HS2 was set up eight years ago with substantial Government backing yet still shows a lack of organisational maturity. Given the huge budget that HS2 has been provided with, this is truly concerning.

The Government currently say HS2 will cost £55.7 billion to build. The costs originally started at £32.7 billion in 2010 and were last updated in 2015. Yet the National Audit Office stated in 2016 that HS2 was running £7 billion over-budget, which is not contested by HS2. This should put the official cost at £63 billion. I believe we can do so much more with this money, in particular on the electrification that this Government scrapped.

Most business leaders believe that if the north is to thrive the links between northern cities need to be improved, not just by having another route to London. Another Public Accounts Committee report says that HS2 made £1.6 million of unauthorised payments to staff during 2016-17; that is not a massive amount of money, but it is a shocking waste of taxpayers’ money. The report states that the unauthorised schemes proceeded due to weak internal processes and that there is no means for these sums to be recovered. It should concern us all that we have an organisation spending public money in such a way and that those sums cannot be recovered.

Both the Department and HS2 need to address these issues as a matter of urgency, and I believe that the relationship between the Department for Transport and HS2 was an unhealthy one and the necessary checks and balances were not in place. I do not think they are now either, but I will not raise issues that concern me at a local level because we are discussing a different part of the plan.

With all this in mind, I no longer believe that HS2 is likely to fulfil the aims it was designed to achieve. I will therefore vote for the amendment declining to give the Bill a Second Reading. I no longer have confidence in HS2 Ltd or the Government’s ability to oversee it.

16:42
William Cash Portrait Sir William Cash (Stone) (Con)
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I want to make clear straight away, on behalf of my constituents and in the light of my personal views on this Bill, my vehement objection to the proposals before us. I will vote against the Bill if there is a Division, which I rather think there will be. I have discussed my objections on various occasions both before the House and locally; they derive from the vast impact on my constituents in Baldwin’s Gate, Bar Hill, Whitmore and Madeley and the surrounding area, and Yarnfield and Stone and surrounding areas, as well as from my scepticism about the Government claims on the benefits of the HS2 scheme in general.

The Government in their 2012 national planning policy framework set out the three pillars of economic, social and environmental factors that all new plans must satisfy. I find it incomprehensible that the Government can so ignore their own framework on a national scale in relation to the HS2 scheme.

First, I shall comment on the lack of benefits in the proposed phase 2 scheme. Its cost is £3.48 billion, a figure that is bound to rise as the project proceeds. This has not been enough to stop it being characterised by the Country Land and Business Association as full of

“delays, secrecy, broken promises, and poor management.”

This has directly damaged already-strained relationships with those most affected by HS2 and is preventing the complaints of those involved from being heard effectively.

Moreover, the actual overall costs, which are escalating all the time, are incredibly badly accounted for. As the right hon. Member for Rother Valley (Sir Kevin Barron) indicated, we have seen report after report, including economic reports and independent assessments, from the Public Accounts Committee and all kinds of other committees, and it is inconceivable that the amount of money that is currently expected to provide for all this will be adequate.

There is also the problem of providing proper compensation for those affected, including advance payments, as was said by my right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan). I also understand the concerns being expressed by some of my constituents, who are deeply worried about the possibility of terrorist threats to the service. Associated with those threats is the inevitable delay that will be built in to the security needed to avoid them. That will increase the amount of time it takes people to get on to the trains. HS2 might go very fast, and it might increase capacity, but there is no doubt that there will also be an enormous amount of delay, because its security arrangements will have to be similar to those used for other methods of travel such as air.

Phase 2 of HS2 will also have an immensely destructive effect on the environment. The Woodland Trust has noted that, unbelievably, given the impact on the environment that phase 1 will have, phase 2a will be more destructive per kilometre. The whole scheme will damage or destroy 98 ancient woods, with 18 alone coming from phase 2a. Over 10.5 hectares of irreplaceable ancient woodland will be lost in phase 2a, as well as at least 27 ancient and veteran trees. That loss is completely unacceptable.

The environmental impact does not end there. The National Trust has stated that phase 2a of HS2 will

“impact adversely on the conservation of the special places”

that it is charged with conserving, operating and managing,

“affecting both the experience of our visitors and the lives and livelihoods of our agricultural and residential tenants.”

The preservation of our natural heritage will be jeopardised by this project.

Michael Fabricant Portrait Michael Fabricant
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I am listening to my hon. Friend with considerable interest. Does he not agree that the saddest thing of all is that Arup came up with an alternative proposal that would not have damaged all those ancient woodlands because it would have used existing transport corridors? We could have done this so much better.

William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

I absolutely agree, but unfortunately that advice has not been taken.

Secondly, I have no confidence whatever in the Government’s stated outcomes for HS2 phase 2 in building costs or in social and environmental impacts. This comes from the dismal experience of their failures over their own reports on phase 1. The House of Lords Economic Affairs Committee cast doubt on phase 1 from the beginning of the process, arguing that the evidence used to calculate the magnitude of benefit was out of date and unconvincing. The Library briefing shows how the benefit to cost ratio of phase 1 has fallen consistently over time. Nothing has been done to address these flaws in the economic modelling.

Progress on the delivery of phase 1 is similarly criticised by the National Audit Office in its 2016 review, which stated that the Department for Transport had

“set HS2 Ltd a schedule for achieving delivery readiness that was too ambitious”,

and that:

“There is a risk that the combined impact of cost and schedule pressures result in reduced programme scope and lower the benefit cost ratio.”

It also stated that:

“Effective integration of High Speed 2 with the wider UK rail system is challenging and poses risks to value for money”.

The NAO attacks the cost estimates for phase 2, which it says are

“at a much earlier stage of development than phase 1”,

with some elements currently unfunded. For the past four years, the Infrastructure and Projects Authority has put HS2 just one step above appearing what it defines as

“unachievable unless significant, urgent and often substantial action is taken.”

I ask the Minister what evidence there is that this will be done.

Cost overruns and delays have long been associated with public construction, but HS2 dwarfs the problems of the past. Think about the amount that could be made available to the public services if these billions and billions of pounds went towards something other than this white elephant in the making. We are doomed to exist in a perpetual cycle of departmental over-promising and under-delivering. In the light of concerns about the phase 1 Bill, it is impossible to trust the Government’s assertions as to the benefits of phase 2.

Thirdly, I must cast doubt over the ability of HS2 Ltd. The Public Accounts Committee accuses HS2 Ltd of having a culture

“of failing to provide full and accurate information to those responsible for holding it to account”

and states that it

“does not have in place the basic controls needed to protect public money.”

There cannot be a bigger condemnation than that. Those basic failures underline the incompetence with which the project has been conducted. Most damningly, the PAC accuses both HS2 Ltd and the Department of not appearing

“to understand the risks to the successful delivery of the programme”.

This is a Second Reading debate, and I am saying that all the reports indicate that we can have no trust in how the principal objectives of the project are being conducted. That is evident in the employment of Carillion as a key contractor on the project. A clear lack of oversight and due diligence has jeopardised public money. Those arguments mean that the Bill fails to meet the standards required of this House.

Moving to the local issues that affect my constituents, I am thoroughly dismayed with the entire project. Not only does the proposal carve through my entire constituency from top to bottom, without any immediate benefit to my constituents in terms of communication or railway stops, but many will acknowledge that the current west coast main line provides a good service and short journey times. As my right hon. Friend the Member for Chesham and Amersham has indicated, this HS2 project will be overtaken by new technologies, such as the possibility of a maglev system or a hyperloop system, and the technology used in the HS2 project is increasingly out of date. Within the timespan for the completion of the project, the money would be better spent on other programmes and public services.

Cheryl Gillan Portrait Dame Cheryl Gillan
- Hansard - - - Excerpts

Does my hon. Friend agree that if the project involved running autonomous passenger and freight vehicles or other vehicles of the future up and down the line, it would probably be slightly more popular? The trouble is that the technology and the whole approach involved will produce something that is from the last century.

William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

That is completely right. It is also perhaps true that travel times were quicker in those days than they are now. This project is about not simply capacity but efficiency, and I do not believe that its objectives will be achieved.

Turning to my local objections, a railhead will be established at Yarnfield during the construction period and will later be turned into a permanent maintenance facility. The relocation of the planned facility away from the original destination in Crewe has caused massive consternation to all my constituents in Stone and Eccleshall, and in all villages around the area, particularly Yarnfield. On 24 November 2016, I secured a half-hour Adjournment debate on the matter, and I have spoken in a variety of meetings both locally and in the House since then. Most recently, I had a meeting with the Stone Railhead Crisis Group on Friday 19 January. I will be offering help with petitions to anybody who wants it. I have invited the Clerk of Private Bills to meet the group, and I hope that that meeting will take place soon.

I reiterate that the way in which alternatives to the final proposition were considered was appalling. The original proposal for the railhead to be at Crewe was not selected. I believe that there has been serial misdirection and misinformation about employment and environmental issues. Crewe would have been far better, but now HS2 has decided to go for Yarnfield and the vicinity thereof, which will do appalling damage to my constituents, and their traffic and schools. Every single aspect of the development will have the most serious and deleterious effect on my constituents.

The disruption due to works at Norton Bridge has already started, and the HS2 works at Stone and Swynnerton belie the notion that disruption will be minimised—it is liable only to get worse. The HS2 phase 2 environmental statement draws attention to lighting being visible along Yarnfield Lane and on the north eastern edge of Yarnfield itself. That is on top of the significant and noticeable noise that the facility will generate, the destruction of woodland, the destruction of visual landscape and the substantial noise from construction traffic.

I am also deeply concerned about the impact on the elderly, and it is shameful that retired people who seek a peaceful rural life will find their area violated. I am also concerned about the communities that are being directly destroyed, such as two properties in Shelton under Harley. There will be noise from construction on Pirehill Lane. There are also problems for several grade II listed buildings, including Blakelow farm, the water tower on Stab Lane and the Swynnerton Heath farmhouse, in addition to non-listed heritage sites such as Darlaston pool, the milestone near Cash’s pit and areas of the Shelton under Harley farm. That is yet another example of the damage that will be done.

In an update statement on 17 July 2017, the Secretary of State for Transport assured me that Yarnfield Lane will remain open. I am afraid to say that that assurance is useless without any consideration of the impact of heavy goods vehicles travelling along that narrow road, rendering it impassable during peak hours as if it were fully closed. That is bound to have a very bad effect on my constituents’ health and welfare. The proposal to use Eccleshall Road as an access and supply route will block the whole area, which is already oversubscribed.

Cold Norton is a cluster of 40 dwellings within 500 metres of the M6, but it does not appear to be included in the documents. If the works lead to the closure of the B5026 and Yarnfield Lane, my constituents in Cold Norton, Norton Bridge, Chebsey, Yarnfield, Swynnerton and Eccleshall will not have access to their main travel route into Stone. There will also be an impact on Great Bridgeford and many other areas in the constituency of my hon. Friend the Member for Stafford (Jeremy Lefroy).

Trains will go straight down my entire constituency, from top to bottom. Baldwin’s Gate, Bar Hill, Whitmore and Madeley are in a rural area of outstanding natural beauty. The proposed scheme will cut straight through it, with two viaducts at the River Lea valley and Meece brook valley, and two tunnels along the way. There will be an enormous amount of construction work in a delicate area.

I will meet the Whitmore2Madeley action group on Friday 2 February to examine the proposed Whitmore construction site. I met the group in July 2017, and I have organised a meeting so that the group can meet the Clerk of Private Bills.

The environmental impact assessments show there will be significant quality-of-life problems at the Stone railhead. The views from Rectory Lane, Manor Road, Madeley cemetery, Madeley Park, Bar Hill Road and Wrinehill wood will all be negatively affected, and there will be traffic problems, too.

Then we have the A51 London Road and A53 Newcastle Road to consider. At least five footpaths will be closed in the process of construction. Communities and cultural heritage in the area will also suffer. Viaducts at Lea valley and Meece brook will prove to be eyesores. Nine properties will be permanently affected, including Rose Cottage and Wood Croft. Construction will cause impossible chaos for 29 residential properties in Whitmore and Whitmore Heath, 20 on Manor Road, 43 on Bar Hill Road and Mallard Close, and five at Moor Hall and Bower End farms. Furthermore, Hey House, a grade II listed house, will have its setting permanently degraded.

I now turn to the environmental cost in the area. Most prominent is the destruction of at least part of two woods—Whitmore wood and Barhill wood. The Woodland Trust points out the possible cost of this damage, noting that the

“Stone constituency will suffer loss or damage to 11 ancient woodlands, totalling 8.9 ha of loss. Whitmore Wood will suffer the greatest single loss of ancient woodland on the entire HS2 route. Tunnelling must be considered to avoid this loss.”

That is an attack on our woodland environment.

An additional 0.2 hectares will be lost at Barhill wood to allow for the Madeley tunnel portal. This forms just a small part of the argument for a longer, deeper tunnel to limit the environmental damage of the scheme, which I know that the Minister is examining. Such a tunnel would not completely remove the damaging local impact of this proposal, but it would nevertheless prevent the inefficient upheaval generated by involving multiple sites. There is an argument about this tunnel and I have been given certain assurances, but I am deeply concerned about whether the money will be made available in any case—we have no certainty about that at this stage. More specifically, the proposal for a tunnel from Whitmore to Madeley would, it is argued, avoid the destruction by HS2 works of 33% of Whitmore wood, the viaduct and embankments in the Lea valley, and the disruptive work on Manor Road. This has to be pursued vigorously so that we get to the bottom of exactly what will be involved. I understand the assurances that have been given, but there are also complications due to the relationship between the northern part and the southern part of my constituency, which will doubtless be the subject of petitions from the two groups in question.

In conclusion, I will be voting against the Bill, as I did on the previous Bill for phase 1. My constituents will be petitioning against the Bill and will appear in front of the Select Committee. I urge the Government and that Committee to do all they can to pay the most careful attention to these petitions if this Bill goes through today, and to provide my constituents with every opportunity to be heard. This is a very, very big thing for them—it is massive. Hon. Members should think what it would be like if this were to happen to any other constituency on the scale it is happening to mine, which is similar to the situation in the constituency of my right hon. Friend the Member for Chesham and Amersham. She has done a fantastic job and we will try to do the same in our area. At the moment, I am deeply disappointed with these proposals and I shall be voting against them.

17:02
Louise Ellman Portrait Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)
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I, too, welcome the Minister to her place. I support the Bill because it brings the potential benefits of HS2 to parts of the north earlier than was envisaged—2027 is a lot better than 2033. HS2 is visionary, but that vision will be realised only if the high-speed network is linked to the existing classic network and if regeneration takes place not just at high-speed rail stations, but in areas around those stations and beyond, in supporting transport links and investing in businesses. Local enterprise partnerships, perhaps working together and looking across regions, need to put together regional strategies to ensure that transport investment leads to more opportunities for business, employment and skills.

We have said a great deal about the importance of high-speed rail, and HS2 specifically, in bringing new capacity on to our rail line. That is, in essence, what this is all about. But in ensuring that that increased capacity is maximised, we have to look at how we can develop services on the classic line once the high-speed line has been built. We also have to remember the importance of developing freight links, as freight routes are essential. In areas such as Liverpool, among others, where port trade is developing, it is crucial that new freight lines are made available. One of the strong reasons for HS2 is that the existing lines running passenger services on the west coast main line are virtually full and there is simply no space for freight. As we develop HS2, it is essential that thought is given to freight.

Let me turn to some specific issues that affect the north in general and Liverpool in particular. I emphasise the importance of Northern Powerhouse Rail, which has already been mentioned, for people throughout the north. I certainly welcome Transport for the North’s having been put on a statutory footing in the past couple of weeks. Nevertheless, when will the transformational changes promised by Northern Powerhouse Rail and Transport for the North actually be realised? It is important that those changes happen so that places such as Liverpool, Manchester, Sheffield, Newcastle and Hull have much better lines of communication between them as part of the development of their economies.

I welcome the setting up of Northern Powerhouse Rail because it goes beyond the parochial and shows that we are looking at things on a regional and cross-regional basis. That is the only way we are going to bring real economic changes to our communities, but those changes have to take place in a reasonable timescale. They must not remain simply promises for the future that do not actually happen. It is important to restate that although Northern Powerhouse Rail is extremely important for Liverpool and for the north, it is not an alternative to HS2. It is foolish for people to suggest that.

Mary Robinson Portrait Mary Robinson (Cheadle) (Con)
- Hansard - - - Excerpts

I, too, welcome HS2 for the very same reasons. There needs to be investment in the north. What with the £70 billion of investment in Northern Powerhouse Rail over the next 30 years, we have an opportunity to get the vision off the ground and really make a difference in the north of England.

Louise Ellman Portrait Mrs Ellman
- Hansard - - - Excerpts

I agree with the hon. Lady. It would be a grave mistake to have a new high-speed line from London to Birmingham that stopped there and left the rest of the country to deal with lesser investment that will bring fewer economic development returns. We need both.

The case has long been argued that Liverpool needs a direct link to the new high-speed line. I recognise that the existing plans will bring benefit to Liverpool in terms of increased capacity and quicker journeys between Liverpool and London and between Liverpool and other cities. Nevertheless, for Liverpool to benefit in a way that is comparable to other major cities, there needs to be a direct link. Proposals have been developed for a new line so that Liverpool can have a direct link to both Northern Powerhouse Rail and HS2. However, the exact status of those proposals is unclear to me. They have been worked up in considerable detail and put into various potential plans, but will the Minister tell me exactly what their current status is?

I asked the Secretary of State about this at the start of the debate. I welcomed his comments about his support for Liverpool—indeed, he said that he was very fond of Liverpool and reiterated that it would benefit from HS2—but he was not specific about how anything was going to happen. What progress has been made on linking Liverpool directly with both HS2 and Northern Powerhouse Rail? Liverpool is increasingly successful, partly because of its transport links, but for its potential to be realised fully, we must improve this even more, which means having a proper connection to high-speed rail, along with investment in the classic rail system and in Northern Powerhouse Rail.

Liverpool’s new deep-water container port is extremely important. It is important to have freight links to the northern ports. We are developing as an increasingly important logistics centre and as a visitor destination, and the growing cruise line sector is extremely exciting, which means that Liverpool needs to maximise its transport links. I hope that I will get a proper answer from the Minister on those issues.

I will just refer, too, to some concerns about how the Crewe hub is intended to develop based on the information that is available now. There are proposals to do with splitting trains at Crewe, which could adversely impact on current plans for high-speed Liverpool to London journeys. I query whether improvements will be made on Liverpool to Birmingham journeys in the way that they were first envisaged. I ask for that to be looked at again during the further discussions that will inevitably take place.

In summary, I welcome this Bill. It is a great step forward. I support high-speed rail; I think it is visionary, but for that vision to be realised, there must be continued investment in the classic line, new lines where they are required and business regeneration connected with that transport development to develop new regional economic strategies that will help to transform the north.

17:10
Jeremy Lefroy Portrait Jeremy Lefroy (Stafford) (Con)
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I rise to oppose the Second Reading today for reasons very similar to those given by my hon. Friends the Members for Lichfield (Michael Fabricant) and for Stone (Sir William Cash). I echo the words of my hon. Friend the Member for Lichfield—I am not at all opposed to additional rail capacity, or indeed to relatively high-speed rail capacity. The problem with the Bill before us now is that it is capable of pretty much no amendment. Yes, there can be very small adjustments made, but none of them would do anything for my constituents who are hugely affected by this development.

First, I want to talk about why the Bill, and indeed the whole project, is wrong in principle; secondly, about the specific problems that we face in the Stafford constituency; and thirdly about some suggestions for how those problems might be ameliorated. We do not need a 400 km an hour line in the United Kingdom, with the little connectivity that these proposals give us. As my hon. Friend the Member for Lichfield has said, the line is forced to go so straight that it does not take the most appropriate and sensitive route. A line of 250 km to 300 km an hour would have been easily adequate. In fact, it is very unlikely that the trains will ever reach anything more than that.

In my constituency, the line seems to head straight for the villages, and not for the open countryside. It affects four villages directly, and it is adjacent to a fifth. I would welcome any hon. Member who wants to come for a visit to note the impact on this part of the world—in Staffordshire and in the constituency of my hon. Friend the Member for Stone. Lots of alternatives have been put forward. We have already heard about the Arup alternative. There is also the High Speed UK alternative, which provides much better connectivity between 32 prominent cities of the UK. I have looked at it in some detail. I am sure that holes can be picked in it, but those holes will be considerably smaller than the ones that can be picked in the proposals that are before us now. This is the wrong solution to a problem that we undoubtedly have.

Just before people say that this is simply a nimby attitude, I point out that both my hon. Friend the Member for Stone and I have supported an extremely large rail project in our constituencies, which came at some inconvenience to our constituents, but nevertheless we saw the benefit of it. That was the Norton Bridge junction, which has increased speeds on that line, and increased capacity on the west coast main line. Indeed, before I was elected, I supported the proposal of the previous Government on the Stafford bypass, which also had an impact on my constituency.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
- Hansard - - - Excerpts

I was in Committee upstairs, and came down particularly to hear the hon. Gentleman’s speech. He knows that I passionately oppose HS2. I applaud his opposition, and would love to make the visit to his constituency to see the degradation, because £100 billion of expenditure should go not on this, but on a decent railway service across the north of England.

Jeremy Lefroy Portrait Jeremy Lefroy
- Hansard - - - Excerpts

I am most grateful to the hon. Gentleman. He is welcome to visit my constituency; we will make an arrangement. He will see the beautiful countryside of the upper Trent Valley, and I am sure that my hon. Friend the Member for Stone would also show him across Swynnerton Park and up towards Madeley, so that he can see the effect of the line on those areas.

The business case is another reason I believe this is the wrong project. We have heard from other hon. Members, including my hon. Friend the Member for Isle of Wight (Mr Seely), that the business case is not particularly compelling. In fact, our former colleague and former Chair of the Treasury Committee, Andrew Tyrie, said that HS2

“has the weakest economic case of all projects”

within the infrastructure programme. As has been mentioned, there is a hole in the business case. That is, there is no business case that I can see for the continuation of the existing west coast main line without the revenue from the high-speed services that currently use it and generate most of its revenue. How will that line be maintained? Will it be maintained purely with the revenue from local and regional services, on which prices can be extremely low? Will that generate enough revenue? Alternatively, will it be maintained using revenue from freight services? I do not know, but there is not a business case. I have asked for it and it has not been provided. I urge the Government—particularly if they are about to put out to tender for the package of HS2 and the west coast main line—to insist that we have a proper business case for the entire package, not simply for HS2.

William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

Does my hon. Friend agree that this has all the hallmarks of a vanity project and that that is why there is not a proper business case? To a certain extent, that answers his question.

Jeremy Lefroy Portrait Jeremy Lefroy
- Hansard - - - Excerpts

Well, I am not sure that it is a vanity project because, if constructed, it certainly will bring benefits to the country, although probably at much more expense than it should and at a huge cost to our constituents. When I challenged a very senior person who has been involved in this project in the past, they said, “Well, actually, it’s gone too far. We wouldn’t have started it here but we have gone too far.” The west coast main line was started, I think, in the 1850s—possibly even earlier—so this project will last for 200 years. What is a few years to get this right and to put it in the right place? I shall return to that point.

On the problems, let me start with the problems for people because people are the most important. I get pretty frustrated when HS2 staff come around to count bats. Yes, bats have importance, but my constituents are more important. HS2 is prepared to spend an awful lot of time and money counting bats and various other things, but not talking to my constituents. I have constituents who have waited for a visit for a year. These constituents have dairy farms, and HS2 wants to take 100 acres away from their farm, which would make a dairy farm unviable. Only last week, a constituent of mine suddenly received a letter from HS2 indicating that his entire property was needed, when it had previously only needed a very small part. I have a strong objection to the uncertainty and inefficiency with which my constituents have been handled. That is not to criticise every single employee of HS2. I have met some extremely good ones. There have been some who I would praise for their work, but there have been others who, I am afraid, have fallen short.

Cheryl Gillan Portrait Dame Cheryl Gillan
- Hansard - - - Excerpts

I do not entirely agree with my hon. Friend that bats have no importance whatever, but I do agree with him that people are important. He may actually experience what I experienced in my constituency, whereby HS2 implied and said that it was going to take a property and then decided that it was not going to take it, which can also have severe implications for businesses affected in that fashion.

Jeremy Lefroy Portrait Jeremy Lefroy
- Hansard - - - Excerpts

I entirely agree. I apologise if I gave the impression that I do not care about bats at all, but I care about my constituents a little bit more. There are also the issues of the slow process, the lack of engagement, totally unnecessary arguments over valuations and a lack of knowledge. For example, one constituent of mine was not aware of what was going on. He sold the property after the line was announced and made a huge loss, but was then unable to claim for that loss because he was told that he should have gone through the process. This elderly gentleman was basically robbed of tens of thousands of pounds simply because he did not quite understand the system. Will the Minister see whether there is some way that we can get compensation for my constituent, who deserves it? I have constituents, an elderly couple, whose property is going to be boxed in by the works on HS2—literally boxed in. Yet, as things stand, they are not going to be allowed to sell their house to HS2, for reasons I fail to understand.

Then there is the impact on communities and the environment. The line runs adjacent to Great Haywood. It goes through Ingestre, Hopton, Marston and Yarlet. These are mainly old and ancient villages with strong communities. Hopton has lost a lot of its population already because people have moved out. There is not the community there that there was, because HS2, although it is renting out to people some of the properties that have been sold to it, is not doing so quickly. Naturally, the people who are coming in, perhaps for the short term, are not able to join in the community as much as others would.

William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

Does my hon. Friend recall the impact that this will also have on Yarlet School, which is a very serious problem for those who have this fantastically good school and the facilities that go with it?

Jeremy Lefroy Portrait Jeremy Lefroy
- Hansard - - - Excerpts

I do indeed. The line goes pretty much straight through Yarlet School, and not only that but through Yarlet wood, which is one of our ancient woodlands. I think it is even noted in the Domesday Book, so it is the best part of 1,000 years old.

Another very important part of Staffordshire life that the line goes straight through, or almost straight through, is Staffordshire showground, which hosts not just the county show but hundreds of other events every year, with probably the best part of 300,000 or 400,000 people attending. It is a very important employer and economic entity within my constituency.

The line goes very close to Shugborough. The irony of this is that when the west coast main line was put through Shugborough in the 19th century, the Earl of Lichfield persuaded the railway company to build a cut-and-cover tunnel through Shugborough, which one still sees when going on the main line up to Liverpool. We have been unable to persuade HS2 to provide such tunnelling for my constituents. Clearly, where the railways would listen to the Earl of Lichfield 150 years ago and more, they do not listen to the ordinary people today who would like to have some protection from this line. The line also goes pretty much straight through the beautiful Ingestre and Tixall parklands and landscapes.

The next issue is transport infrastructure. The line cuts straight across several major roads, including the A51, the A518, the A34 and the M6, and goes over the west coast main line. As far as I can see, HS2 and Highways England do not seem to have a plan on how to manage the inevitable disruption to local, regional, and indeed national transport that is going to be caused. I hope they do have one, because the M6 must be, if not the busiest motorway in Europe, then one of the busiest, and the A34 is a kind of relief road for the M6. If both of those are going to be disrupted, particularly if it happens at the same time, the consequences for the regional and national economy, right up to Scotland, will be quite substantial.

Another problem is connectivity after HS2. Clearly, connectivity from Stafford will be better. There will be a faster journey from Stafford to London than at present. It is already an extremely good and fast journey—nobody has complained to me about it in the past—and it will, I admit, be a few minutes faster. Northbound, we are really concerned about connectivity, because we understand that the trains through Stafford and Stoke will end at Macclesfield. I have nothing against Macclesfield; in fact, it is a wonderful town. However, most of the time my constituents tend to prefer to go further to Manchester and Liverpool rather than to stop at Macclesfield. As I say, I have nothing against Macclesfield.

The next problem is the impact on businesses. Last week, I heard from a business that received, out of the blue, a letter saying, “We want all your land.” This business employs a large number of people in a rural area; it is possibly the biggest employer in that area. Yet suddenly, with literally no notice, we are suddenly told that HS2 needs the entire plot that it is working from, without any alternative.

Barry Sheerman Portrait Mr Sheerman
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I rarely agree with the hon. Member for Stone (Sir William Cash), but I do in this case, about this being a vanity project. Does the hon. Gentleman accept that this is not really about connectivity or helping local industry? As he says, it will damage local industry. The French experience already shows that it does not liberate and rejuvenate the provincial cities and towns. It actually drains even more power and influence down to London and the metropolitan area around the south-east.

Jeremy Lefroy Portrait Jeremy Lefroy
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I largely agree with the hon. Gentleman. I fear that that will be the case unless, as speakers both in favour and against have said, connectivity is taken much more seriously. I urge Ministers to look at the proposals of High Speed UK, even if they do not like those proposals, because it has some extremely important points to make about connectivity for other major cities in the UK.

If the line goes ahead—it seems there is a majority in the House at the moment for it, but that may change— I would like to make some proposals. First, for my constituents and my colleagues’ constituents, we must employ full-time sympathetic and responsive liaison officers who work together with businesses and constituents to ensure that problems are dealt with quickly, efficiently and compassionately. We must also give additional support to local health services. Quite a large number of my constituents have found this a very difficult time and have needed additional support, particularly with their mental health, and local surgeries have not necessarily had the resources to provide that.

It is very important that local people see that there are local jobs in this, and that people are not just brought in. Obviously we need the right skills, but as far as possible, local businesses and local people must be employed.

On the issue of mitigation, I urge the Minister, who I welcome to her position and congratulate on her appointment, to look at more tunnelling, particularly in the area of the Staffordshire showground, Hopton, Marston and Yarlet. I think it is possible. A green tunnel was proposed for Hopton, but it was removed on spurious grounds, or at least grounds that could have been overcome.

I ask the Minister to ensure that we have full planning well in advance for local, regional and national transport, including additional roads. I suggest a link between the A34 and junction 13, just as we have a link between the A34 and junctions 14 and 15. The very long viaduct at Great Haywood must be of outstanding design and faced with traditional stone or brick. I also suggest that the bridge constructed over the M6 for the railway or at least the supports for it should be put in place when the M6 is widened between junctions 13 and 15, rather than having to close the motorway for two separate civil works.

In conclusion, I would rather the Government paused, rethought and built for the whole country, with much better connectivity than this proposal gives us. If this goes ahead, at least for the time being, I ask that all the mitigations that my colleagues and I have put forward be taken seriously, because to date, they have not been.

None Portrait Several hon. Members rose—
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John Bercow Portrait Mr Speaker
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Order. I remind Members that, as they can see for themselves, seven hon. Members are still seeking to contribute to the debate, therefore there is a premium on reasonable brevity. If each contributes for no more than 10 minutes, all should have the chance to do so before the winding-up speeches begin.

17:28
Jo Platt Portrait Jo Platt (Leigh) (Lab/Co-op)
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You will be glad to hear, Mr Speaker, that I intend to speak only briefly, to raise one particular concern that I believe needs urgent consideration by the Government as the HS2 process continues.

HS2 has the ability to rejuvenate the northern economy, bringing with it the much-needed investment, jobs and social transformation that the north deserves. However, to me, HS2 is not just about connecting businesses and bolstering economies. It represents a crucial mechanism to connect people with the skills, education and employment opportunities that could improve life chances.

As I have been clear since my election to this House, connectivity into HS2 stations must be addressed by the Government, because unless connectivity is adequately addressed, HS2 is at risk of becoming a token flagship project that will fail to produce the important benefits we are promised in the north. Such connectivity means connecting our towns and outer cities seamlessly into our HS2 stations, creating a united and interconnected northern economy.

As my hon. Friend the Member for City of Chester (Christian Matheson) so rightly pointed out, the Government need “to stop kicking this…can down the road”. At the Tory party conference, the Transport Secretary announced that £300 million would be allocated to HS2 connectivity in the north. However, inspection of the detail of the announcement showed that this money was already allocated to just six city hotspots across the north, totally neglecting the economies and opportunities of our northern towns.

Furthermore, the new Minister suggested two weeks ago that my constituents could access HS2 from Manchester airport, but Manchester airport is a one hour 30 minute bus trip away. How can the Government ever claim to be committed to our town economies when they believe that that is acceptable and that, despite HS2 cutting through the middle of my constituency, it will take longer for my constituents to connect to HS2 at Manchester airport than to travel onwards to London?

The connectivity plans as they currently stand are completely unacceptable to our region, but it is for the young people in Leigh that I wanted to speak in this debate. They are growing up in the context of an evolving economic landscape that they will not easily be able to participate in. In the words of the former Conservative Education Secretary, the right hon. Member for Putney (Justine Greening), the

“bottom line is that while talent is spread evenly in our country, opportunity isn’t”.

Until the Government either invest in our northern towns or provide our transport bodies with the funding to do so, these enormous infrastructure projects will benefit only those growing up in our inner cities. The divide between our towns and our cities is growing ever larger under this Government. This will restrict the life chances of an entire generation who are being held back solely because of their postcode. I therefore urge the Government to review their connectivity plans and seek to widen the opportunities that HS2 could provide to our young people.

17:32
Cheryl Gillan Portrait Dame Cheryl Gillan (Chesham and Amersham) (Con)
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It is a pleasure to follow the hon. Member for Leigh (Jo Platt). I share her pain, because HS2 phase 1 goes right through the middle of my constituency and brings no benefits, just burdens. I think there are many such seats, as we have heard from other hon. Members on other occasions, as well as today. I agree with her about the north. My father was in steel in the north of England, and we have always known that to assist in increasing the prosperity of the north of England, the cross-Pennine links should have been prioritised a long time ago. It is a pleasure to follow her short but elegant speech.

May I welcome the Minister to the Front Bench? My hon. Friend the Member for Wealden (Ms Ghani) is an extremely capable person, although I have to say that I do not envy her her task. She follows in the footsteps of no less than—let me see—one, two, three, four, five Secretaries of State and one, two, three, four, five, six junior Ministers. Since 2010, it appears that no Minister has managed more than two years in this position in charge of HS2. I would not have wished HS2 on her, but I hope her ministerial career will last a great deal longer than that. I wish, however, that her colleagues would listen and that we could have a Minister dedicated to HS2 on its own, because this project is such a gargantuan one that it really deserves to have ministerial attention focused on it completely. If we look at the project’s history since its inception, with the catalogue of failures and problems it has thrown up, we can see that a Minister dedicated to it is much needed and would be very welcome.

Mr Speaker, I feel like saying, “Here we are again, and yes, I am on my feet.” I think we probably do divide into sheep and goats on the Floor of this House as far as HS2 is concerned. Whether I am a sheep or a goat I do not know. I am probably an old goat, but I am happy to stand up here with some other old goats, like my hon. Friends the Members for Lichfield (Michael Fabricant), for Stone (Sir William Cash) and for Stafford (Jeremy Lefroy), and even the hon. Member for Huddersfield (Mr Sheerman)—most of whom happen to be in the Chamber at the moment. I have been really heartened by the support that I have had over the years as I have tried to fight this project, and then tried to have it altered and modified so that it did less harm than was envisaged.

Barry Sheerman Portrait Mr Sheerman
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In passing, I congratulate the right hon. Lady on becoming a dame. Is it not a fact that she and I have campaigned against this project for a very long time, on the grounds that it will not deliver, it will never deliver, by 2033, and it will be superseded by different forms of transportation by 2033, and also on the grounds that £100 billion of national treasure that could have flowed—I say this as a Labour MP—into the national health service and transport across the north will have been wasted?

Cheryl Gillan Portrait Dame Cheryl Gillan
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I am loth to agree with the hon. Gentleman entirely, but I find myself tempted to do so, because the first point I want to mention is cost.

The cost of this project will go up exponentially. When it was first announced in 2013, the cost of the whole project was about £16 billion, and by 2015 those costs were updated to £55.7 billion. The National Audit Office published a report on HS2’s progress and preparations, and it highlighted the fact that the £55.7 billion funding package does not even cover the funding for the activity needed to deliver the promised growth and regeneration benefits that the hon. Member for Leigh so desperately wants for her young constituents. I think that still continues to be a problem, and I would ask the Minister to have a look at when she can update the costs of this project, and ask her to lay out clearly for the House what extra funding will be required from the Treasury to deliver those growth and regeneration benefits that have been so much boasted of.

I think HS2 will turn out to be, as Michael Byng said, the most expensive railway on earth, at £403 million a mile. In fact, Michael Byng, who created the method used by Network Rail to cost its projects, made the estimates for the DFT and said the line would cost double the official figure, and 15 times more than the cost per mile of the TGV in France. We need to be very careful about how those costs are escalating.

I want to mention the environment. I have had some notable gains in Buckinghamshire—our own county—to save the Chilterns from even greater damage than was first anticipated. I am grateful for the tunnelling. It saves some 9.2 hectares of ancient woodland in three separate woods, but the Woodland Trust has estimated that on phase 2a and 2b it is losing 24 irreplaceable woods, and we shall still lose 63 ancient woods on phase 1 to start off with. I say to the House: once they have gone, they are lost forever. You cannot replace ancient woodland, however much planting you do in other areas of the country.

I want to mention the process. I think the hybrid Bill process for phase 1 was a travesty of our procedures, and I pay tribute to the Chairman of Ways and Means and the House authorities who looked at the Standing Orders and changed some of the aspects of a hybrid Bill to improve the petitioner experience. I want to place it on the record that I think our Clerk who is no longer with us, Neil Caulfield, who was so excellent, would have been pleased to see adjustments to these procedures. Although it is still an arcane process, I think it was important that we fed back the agonies of going through the hybrid Bill process, and that the House responded. I think the positive changes that have been made, particularly the changes to the language, which will increase accessibility to the petitioners, will make a difference and protect the rights for petitioners to be heard. I also think that submitting petitions electronically is a way forward. I still think that the fee of £20 to fight for one’s house, business, land or property is insulting, and I see no reason why petitioners must pay £20 to have their case heard when the state is trying to take their property.

I also feel that corridor deals need to be stamped out. Corridor deals conducted by silks and barristers acting on behalf of the Government are completely opaque and have no enforceability. There is intimidation and pressure from the QCs and the legal teams, hustling up to people in the corridor right before their petition is heard. I hope that the Government will listen and ensure that corridor deals are stamped out completely in this next legislative phase.

I want to refer to engagement by HS2 and the attitude towards the people affected. My colleagues have spoken eloquently already about the ways in which HS2 and its staff and personnel still fail to engage with the people who are most affected by this project. I am still hearing of poor engagement up and down the line, and the Country Land and Business Association reports delays, secrecy, broken promises and poor management.

We are still waiting for answers on various matters, such as the incident that took place in the Colne Valley the other day. I asked for the outcome of the investigation, because I thought that was quite a serious incident. I have still not had any response outlining exactly what happened and why people behaved in such a fashion to people crossing land that would be affected by HS2.

I would also very much like to find out what is happening in my own constituency, in Buckinghamshire. The other day, the Secretary of State promised that I and other MPs would be informed where works were taking place and that has not yet happened. The Secretary of State gave a categorical undertaking at that Dispatch Box, but messages I have had none.

Only today, despite a clear, agreed contract with HS2, a constituent has found that the payment they were due to receive within 21 days is still outstanding three months later. I will give details to the Secretary of State because it came in just today, but that just proves to me that HS2 still cannot keep its commitments or treat the people who are being affected by the project in a rational, decent and respectful manner. It is a gross miscarriage of justice for people to be treated in such a way by the Government and by HS2 Ltd.

Michael Fabricant Portrait Michael Fabricant
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Like me, my right hon. Friend has gone through the phase 1 experience—I am, of course, affected by phase 2a as well. Does she not think that HS2 as an organisation is dysfunctional? One official does not speak to another, the left hand does not know what the right hand is doing; surely that does not augur well for the construction of a railway line.

Cheryl Gillan Portrait Dame Cheryl Gillan
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My hon. Friend is absolutely right. A project of this nature needs to be run in the most professional fashion possible. It needs good governance. It does not need its top executives to be paid 10 times what an MP is paid. It has been criticised up hill and down dale. We have seen it handing out £1.7 million of unauthorised redundancy payments. We have seen the conflicts of interest that have caused major companies to pull out of the bidding process and the contractual process, the failure to carry out due diligence, a turnover of staff, and an attitude towards the people they deal with that can only be described as arrogant.

I still hope that this project can be pulled back into shape. That is why I encourage my colleagues to think about dedicating the Minister’s career over at least the next two years solely to looking after HS2. I thought long and hard, and I have the freedom of the Back Benches, which is a great pleasure, and it is with a heavy heart that once again I have to say that although I know that my hon. Friends will not press their amendment to a vote, if anyone does call a vote on Second Reading, I will again be forced to walk through the Lobby against it.

17:44
Preet Kaur Gill Portrait Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)
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It is an honour to follow the right hon. Member for Chesham and Amersham (Dame Cheryl Gillan). I too welcome the Minister to her post and wish her very well.

In the UK, we are rightly proud of our status as the birthplace of the railways. However, our rail infrastructure —much of it from the Victorian era—requires significant investment if it is to continue to serve the people of Britain in the 21st century. In our 2017 manifesto, Labour promised to create a national transformation fund to invest some £250 billion over 10 years, and we remain firmly committed to investing in our nation’s infrastructure.

HS2 represents one of the largest infrastructure projects in Europe. The scheme will provide much needed capacity to support future demand for rail services, and it aims to deliver wider economic benefits to the regions that it serves and beyond. Although very few would argue against those goals, it is crucial that the project is conducted in the right way: by providing jobs and opportunities to our young people, minimising the disruption caused to our communities and protecting our precious environment.

Although I support the HS2 project in principle, I think it is important to focus on a number of issues. London’s economic output is more than double the rest of the UK average. For the country as a whole to prosper, the balance needs to be redressed, not to the detriment of Londoners but for the benefit of all. According to Government figures, when HS2 is fully completed, it will deliver a benefit-cost ratio of 2.3 when wider economic impacts are included. I want to make sure that those benefits are shared by as wide a group as possible, and especially the areas that are directly affected by the construction of the line. Billions of pounds of taxpayers’ money is being spent on this project; that money must benefit more than just the shareholders of a handful of large companies.

Both the Birmingham chamber of commerce in my constituency and the Greater Birmingham and Solihull local enterprise partnership support HS2, recognising the economic benefits that better connectivity will bring. I want Birmingham’s economic output to continue to grow, its people to find well paid, secure and skilled jobs, and the city’s potential to be further recognised as a result of the project. I want to see the construction of HS2 ignite greater interest in engineering among our young people, and apprenticeships to be made available to all young people in our communities, whatever their background.

Rachel Maclean Portrait Rachel Maclean
- Hansard - - - Excerpts

I completely agree with the hon. Lady about the benefits and how they should be spread across Birmingham and the region. Does she also agree that this is a great opportunity to capture the talents of women, particularly in engineering, in this Year of Engineering?

Preet Kaur Gill Portrait Preet Kaur Gill
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I absolutely agree; we need to see more women coming into engineering.

However, one of my concerns is that the recent fiasco surrounding the east coast main line franchise, combined with the demonstrable success achieved after the last private sector rail bail-out by Directly Operated Railways, serves only to highlight the need for public ownership of our railways. At a time when living standards are squeezed, wage rises are not keeping pace with the cost of living, and rail passengers have just had to endure the largest fare rises in five years, it is not acceptable for private companies to table inflated offers for these vital services, extract the profits, and then simply walk without honouring their commitments.

Finally, this project should not come at the expense of our environment either. In future, when our children are using HS2, I want them to benefit from the cleaner air that the increased use of rail will bring, but I do not want the construction of the tracks that they are travelling on to have caused untold damage to the environment. Organisations such as the Wildlife Trusts have raised concerns about the loss of ancient woodland, sights of special scientific interest and nature reserves. The construction of HS2 should serve as an example of how large-scale infrastructure projects can be conducted in an environmentally friendly way—changing the environment, yes, but not destroying it. This is an opportunity to achieve a net gain for nature.

The sums of money involved are too great and the potential impact on communities too large to get this project wrong. That is why the Government need to ensure that the process is as transparent, cost-effective and environmentally friendly as possible, so that HS2 delivers for the many, not the few.

17:49
Jack Brereton Portrait Jack Brereton (Stoke-on-Trent South) (Con)
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As an enthusiastic supporter of improvements to our rail network, I welcome the principle behind the Bill—establishing a high-speed railway beyond Birmingham—but I have some concerns, so I welcome this opportunity to set out how I think the Bill could be improved, particularly for the ambitious and growing city of Stoke-on-Trent.

My right hon. Friend the Secretary of State, as a recent and welcome visitor to my constituency, will know exactly how ambitious we are. The scale of the local rail improvements we are seeking and planning for are, like HS2 itself, unmatched since the Victorian era. We are keen to embrace the many opportunities arising from HS2. HS2 is going to happen—that is no longer the debate; phase 1 preparations are already under way, and the actual building of phase 1 begins next year. Time is marching on. The section we are debating in the Bill, phase 2a, is due to open to passengers by 2027—the end of the next Parliament. We must get on with the Bill, or it will not be long before we are living with the consequences of getting it wrong.

The principle of a high-speed railway line from the west midlands conurbation to Crewe is sound—releasing capacity for passengers and freight services on the existing network, while cutting the fast times to Crewe from London to under an hour—and in principle I welcome it, but for the social and economic benefits of HS2 to be maximised in practice, there needs to be much better integration, as many hon. Members have mentioned. Improvements to infrastructure on the existing network around Stoke-on-Trent, as well as local rail improvements for connecting trains from Crewe, including the Crewe to Derby line, which serves Longton in my constituency, are vital.

The Secretary of State joined me on that service earlier this month and has seen at first hand the improvements needed on it. I welcome the much-needed investment in our local transport infrastructure that he proposed when he visited, but there is much left to be resolved around how the benefits of HS2 will be delivered in and for Stoke-on-Trent. As the briefing note that the public affairs department of HS2 Ltd kindly sent to MPs for this debate puts it:

“Detailed work and consultation is currently being undertaken on options for the development of the HS2 Crewe Hub, with the potential for a HS2 service at Stoke.”

That is a tantalising, and potentially a very lucrative, assurance for the city.

There is clearly a need for Stoke-on-Trent to be connected—it is fundamental to HS2 being of maximum benefit to my constituency. We are told by HS2 Ltd that the Bill “could” mean better commuter services and the potential for extra freight trains, and we are assured by the Rail Delivery Group that it “will” add much-needed space for more and faster trains. I say that it “must” deliver these benefits. To do that, the Government need to be clear that a viable option for the Stoke connector, as promoted by Stoke-on-Trent City Council, is firmly on the table, to ensure that the infrastructure around Stoke-on-Trent receives the vital upgrades it needs.

This would mean getting, in addition to the proposed Handsacre link, which is appropriate for Stafford, a low-impact five-mile line designed to take classic compatible HS2 trains from the main HS2 line through the very significant Stoke-on-Trent catchment and on to the rest of east Cheshire, Macclesfield and Stockport. Such a dedicated Stoke connector would provide the necessary link to improve connectivity and boost capacity. It would do so by getting around the bottleneck that will otherwise remain on the west coast main line to the south of Stoke-on-Trent. That is the way to maximise the full opportunities for more housing and jobs, and I will continue to pursue this matter as the Bill progresses.

It is also imperative that Stoke-on-Trent continue to enjoy regular fast train services to and from London—at least one service every half hour or more frequently. HS2 compatibility should offer my constituents improved journey times as well as helping us to maximise both housing and commercial development in the city, fully seizing the economic opportunities that Stoke-on-Trent offers.

It is essential to address the lack of fast, direct services between Stoke-on-Trent and Birmingham, to match the good quality of the services currently offered between Stoke-on-Trent and Manchester. Through the Bill, HS2 has the potential to address the severe overcrowding and poor connectivity that are currently experienced between Stoke-on-Trent and Birmingham. There is also the potential to improve connectivity further by providing the direct intercity services that are currently lacking between locations such as Stoke-on-Trent and Liverpool. That would fully exploit the potential for economic growth from the midlands engine and northern powerhouse initiatives, with Stoke-on-Trent as the gateway to the north.

As well as improving services, it is essential to do more to improve both the capacity and the offer at Stoke-on-Trent railway station. Although it is the main station serving the potteries conurbation, which consists of more than half a million people, it currently has limited platform and concourse capacity, as well as poor-quality retail facilities. Again, Stoke-on-Trent City Council has stepped forward with detailed proposals. The Stoke-on-Trent HS2 master plan sets out the ambition to transform the station, vastly improving capacity and facilities, and leveraging significant redevelopment in the wider area on the back of those improvements. It is important for those proposals to be realised if we are to ensure that the station is HS2-ready and playing a full part in the city’s regeneration.

I fully support the principle of the Bill, and it will receive my support tonight. I am a positive and enthusiastic supporter of improvements in our rail industry, and I am keen for us to finally emerge from the legacy of the disastrous erosion of Stoke-on-Trent’s rail network that we saw under nationalisation. I know that the Secretary of State is equally committed to large-scale improvements, and I thank him for the commitment to invest in our local transport infrastructure that he gave during his recent visit to my constituency; it was hugely welcome. However, I take very seriously the need to improve infrastructure interconnectivity, and further work needs to be done on that. I also take very seriously the opportunities promised by the Department for Transport and HS2 Ltd, which have said that detailed proposals will continue to be refined for HS2 as the Bill progresses. I look forward to playing my part in that process to the full.

17:57
Gareth Snell Portrait Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
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It is a pleasure to follow my constituency neighbour, the hon. Member for Stoke-on-Trent South (Jack Brereton), in this important debate. I disagree with him about the support that should be offered to the Bill this evening. The principle behind a high-speed rail network is absolutely fine, but the Bill should actually be entitled the devastation of Staffordshire Bill. It will lay an iron scar across our county, and it will bring very little in the way of economic benefits. All that it does is seek to take all the potential benefits and, through a bottleneck, funnel them down to London and the south-east, where there will be no benefit for my constituents or those of the hon. Gentleman.

I find myself in what some might describe as the invidious, or perhaps I should say unusual, position of agreeing with the hon. Members for Lichfield (Michael Fabricant), for Stone (Sir William Cash) and for Stafford (Jeremy Lefroy)—the holy triumvirate of Staffordshire Members when it comes to matters of logistics—who have drawn attention to the fallacies in the Bill. Like the hon. Member for Stafford, I have no problem in principle with high-speed rail. I have no problem with the idea of providing additional capacity for the west coast main line and an opportunity for new rail networks to come through Staffordshire and service his constituency and mine. What the Bill does not do, however, is match that aspiration with reality.

The hon. Gentleman has already pointed out that the services that will be coming north from London through our constituencies will terminate at Macclesfield. If we were serious about how we could provide better economic benefits for Staffordshire, the line would go all the way to Manchester. Crucially, that would also offer a new opportunity for a direct service from Stoke-on-Trent to Manchester airport. That would provide a huge growth opportunity for business and tourism, and it is supported by Staffordshire chambers of commerce, which has done so much to promote the venture. It would not necessarily involve a high-speed link, but it would involve the wider issue of funding the regeneration of rail networks out of Stoke-on-Trent. We must not focus purely on high-speed rail enabling us to get to and from London quicker than we currently can. The purpose here is interconnectivity of the regions going north as well, and what we are being offered in this Bill does not provide any sort of hope for that.

I want to look at what I consider to be a mismatch in Government policy. The Secretary of State for Business, Energy and Industrial Strategy highlights the potential benefit of a ceramic deal in Stoke-on-Trent, and the fact that Stafford is a growth point in our county and that we could have new jobs and regeneration and place-based economic growth through a potential ceramic park bordering my constituency and in the constituency of the hon. Member for Stoke-on-Trent South. Yet although we are told that a place-based industrial strategy is important, we are also told that Stoke-on-Trent station, which has 2.8 million rail users a year, is not worthy of anything other than a single one-hour service that will only go north to Macclesfield and will terminate in London, when the journey time of the current service to London is adequate and capacity on the Virgin line is not too much of a problem.

The bigger capacity issue in Stoke-on-Trent and north Staffordshire involves the line run by CrossCountry that services Stafford, Wolverhampton and Birmingham and Birmingham International, where it is often standing-room only in some of the most unpleasant circumstances we can imagine. Yet while we are talking about trying to bring Government policy on regeneration strategy together, there is no economic benefit not to having a greater presence in Stoke-on-Trent.

There is the issue of where the services coming north go to. The hon. Member for Lichfield rightly pointed out that there are potential benefits in using existing railheads, and I was glad to hear the hon. Member for Stoke-on-Trent South endorse the work done by Councillors Mohammed Pervez and Andy Platt on the Stoke option, which sought to use the existing rail infrastructure in Staffordshire to take high-speed trains north. The estimate done by the city council at that time suggested that that system could be delivered seven years quicker than the previous timescale and at £5 billion less.

We have here a system that does not necessarily deliver economic benefits for the people of Staffordshire, and it certainly does not help address the ecological issues raised by the hon. Members for Stafford, for Stone and for Lichfield, nor does it provide any great comfort that the northern powerhouse and the midlands engine will be properly connected.

The hon. Member for Lichfield stole most of the things I wanted to say, and he made the point that this is meant to be about connectivity but it really is not. Connectivity does not mean having to traipse across London to make a change, and it does not mean having to change stations outside Birmingham—and Birmingham Curzon Street to Birmingham New Street is quite a long walk for those carrying a bag or if there are a lot of people in the town centre that day.

The system does not address the east-west connectivity of Stoke-on-Trent, which is a greater issue. It does not look at the route that goes from north Wales all the way through to Derby. It does not seek to change the single-carriage railway we currently have that is often over-subscribed. It does not seek to deal with the fact that parts of the M6 are still not in the managed motorways system, so we drive north on the M6 and hit junction 13 and all of a sudden we drop down to three lanes and the traffic is a bit gnarly and not particularly flowing well, and then we reach junction 17 and all is fine again. That is part of the connectivity that we need.

The system certainly does not recognise the fact that junction 15 of the M6 is one of the worst junctions to navigate of all time. I have sometimes had to wait longer there to get on to the M6 than it has taken me to get to Birmingham once on the M6, simply because of the way that junction works. So if we are talking about connectivity and there being a need for greater integration of transport provision, we must look at that as well as looking at high-speed rail.

The Secretary of State is not in his place at present, but the new Minister is and I welcome her to her role. Can we get some clear and categorical commitments that the existing Virgin service that we have from Stoke-on-Trent will not be diminished? Every time we ask that question, we get a slightly different answer; we get some sort of, “Yes, but, maybe, if,” but those terms do not fill us with confidence that any options that come out of the Crewe hub will not lead to a reduction overall in rail service from Stoke-on-Trent. If we include journeys from the constituency of the hon. Member for Stafford, we find that 5 million rail journeys are conducted out of Staffordshire every year. That is a large number of people, and they deserve to know what the future of their rail service will look like.

I would be grateful to the Minister if she gave greater consideration to ensuring that trains going north go past Macclesfield. There is a genuine economic boom to be harnessed in north Staffordshire and south Cheshire if we can have a proper high-speed rail link to Manchester and Manchester airport. That is a proposal that the local chambers of commerce have been putting together. I would welcome any words from her or her colleagues in the Department for Transport about the managed motorways system on the M6. We need to take a holistic approach if we are to make north Staffordshire and south Cheshire a good place to do business, deliver economic regeneration and, most importantly for my constituents, provide the rail service that they need. I support the principle of the Bill, but I cannot support its content, and if there is a Division on it, I am afraid that I will not offer my support to the Government this evening.

18:05
Rachel Maclean Portrait Rachel Maclean (Redditch) (Con)
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I am grateful for the opportunity to speak in this important debate, and I commit my support for the Bill’s Second Reading. I have listened with interest to the entire debate, and I want to thank all those Members who have talked about the changes that need to be made. As a former resident of Birmingham, and someone who now lives close to it, I endorse what colleagues have said about connectivity across that city. I very much hope that the issues can be addressed in the final plans. We have heard arguments about how long it takes to walk between Birmingham New Street and Birmingham Curzon Street. My hon. Friend the Member for Lichfield (Michael Fabricant) is obviously a very speedy walker; other Members walk more slowly. If that route could be joined up, it would be beneficial for everyone who passes through what is one of our nation’s great cities.

I want to touch on the question of productivity, which is a key theme in the debate and links closely with what we are trying to achieve with transport infrastructure in this country. This is the main reason why I am supporting the Bill tonight. The Government brought forward many measures in the industrial strategy to boost productivity across the country. That is really important to all of us who live outside London and the south-east. We all acknowledge that wealth, jobs and productivity are not spread evenly across our country, and one of the major things that we can do to address that is to build a decent high-speed train service that will enable our constituents, wherever they live, to travel up and down the country to access jobs and opportunities. The Government are making a fantastic commitment to this project, which underpins their mission to spread wealth and growth across the country.

Michelle Donelan Portrait Michelle Donelan
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Is my hon. Friend aware that this is the biggest infrastructure project in Europe?

Rachel Maclean Portrait Rachel Maclean
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I thank my hon. Friend for that intervention, because she reminds me of the significant amount—about £100 billion, I think—that Governments, including the previous Labour Government, have put forward. We have not built any new railways in this country since Victorian times, so it is really important that we are committing this funding now and in the future to build our railways. The project will be important to our constituents’ quest to travel not only from London to the midlands, but from the midlands up to the north. It will also help our quest to take pressure off the overheated south.

Maggie Throup Portrait Maggie Throup
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My hon. Friend makes a very good argument. Does she agree that this is not just about freeing up the lines to the south, because there will be help for lines to some of the smaller stations where services do not stop at the moment? This is not just about people who want to travel from city to city; it is also about travel between towns.

Rachel Maclean Portrait Rachel Maclean
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I thank my hon. Friend for her intervention. I am sure that many of her constituents, like mine, have to travel to the nearest big city or town to get to work or leisure destinations. The project will help to free up capacity on those secondary lines.

The project will make an important contribution to our global competitiveness as a nation. Thanks to the Government’s economic programme and their management of the economy, the UK is seen as a highly attractive destination for business investment. I want to see that continue. When foreign investors look at our country, they consider the transport links, because they want to invest in places from where it is easy to get around the country so that people will find their businesses attractive and want to work for them.

HS2 will benefit not only my constituents in Redditch, but the country as a whole. Although we will not benefit directly from HS2, we live only a short distance away from Birmingham, which will be a major stop on the line. Many of my constituents work, play and socialise in Birmingham, and the economic prospects of a place such as Redditch are intertwined with those of Birmingham and the larger west midlands conurbation. When the project is completed, we will see benefits for business and residents, and transport routes up and down the country will be opened up.

Michelle Donelan Portrait Michelle Donelan
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Does my hon. Friend share my passion for the National College for High Speed Rail? It will not only help to fill the skills gap for high-speed rail, but train people so that we deal with the long-term skills gap in the engineering, design, technology and construction sectors.

Rachel Maclean Portrait Rachel Maclean
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My hon. Friend is a great champion of engineering and I have been inspired by what she has done in her constituency. HS2 will definitely provide a boost for engineering careers. The hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) rightly said that we do not mention careers for women in engineering enough, and I want to go at least some way towards rectifying that. I hope that the National College for High Speed Rail will have a mission to bring more women into engineering so that this project provides a boost to help to address the dire lack of women in engineering and construction, particularly given that it is the Year of Engineering and also 100 years since women got the vote. There are many reasons to focus on that issue and ensure that we get things right.

Maggie Throup Portrait Maggie Throup
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We need engineers to construct the line, but we need them in the supply chain, too. Bombardier’s base is close to my constituency, and I have met the female apprentice engineers who build the underground trains that we travel on every day. That is just one example of how much more we can do to spread the word that engineering is for men and women.

Rachel Maclean Portrait Rachel Maclean
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My hon. Friend makes an extremely good point. We can all encourage employers to be role models and women to speak out. Businesses that value such careers should pay people decent salaries so that they do not all go off to work in the City. That is what this country needs. We need a dynamic economy that works for everyone.

John Hayes Portrait Mr John Hayes (South Holland and The Deepings) (Con)
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I was until recently the Minister for the Year of Engineering, and I looked at the possibility of establishing an advisory group to examine exactly the issue my hon. Friend describes: how groups that are under-represented in engineering can get a foothold and, beyond that, a greater share of the opportunities. I wonder whether the current Minister will take that up and perhaps establish such a group, which would be in the spirit of what my hon. Friend suggests.

Rachel Maclean Portrait Rachel Maclean
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I thank my right hon. Friend for his work. He is a champion of women not only in engineering, but in all other spheres, and I hope that the Minister will take up that suggestion.

Redditch’s small businesses are hoping to take advantage of some of the contracts that are being awarded through HS2, both now and in the future. For example, Arrowvale Electronics makes world-leading equipment and hopes to benefit from the boost that an HS2 contract would provide. I know how hard it is for small businesses to tender for large-scale Government contracts, so I urge the Minister to say what she is doing to ensure that they can get a slice of the pie and benefit the diverse economy that we all want.

Gareth Snell Portrait Gareth Snell
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The hon. Lady makes the apt and correct argument that there ought to be opportunities for small and medium-sized enterprises to get government contracts. What I fail to see is the logic behind her support for both this Bill and that argument, because if there were other projects to deal with regional rail inequalities and road upgrades—other large infrastructure projects that were not HS2—such opportunities would still exist.

Rachel Maclean Portrait Rachel Maclean
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I thank the hon. Gentleman for his question. I confess that I am not sure that I entirely followed its logic, but I think I get the point he is trying to make. There will be opportunities for small businesses, even if not directly—I am thinking of first contractors and even the supply chain further down, because many of these contracts involve a multitude of contractors. It is important that the Government look at this area, as I am sure that the Minister will. There will be a benefit for people and businesses in my constituency, and we hope there will be a particular benefit for women. Although the HS2 college is located in Birmingham, I hope that it will see what it can do to spread its opportunities for training beyond Birmingham city centre.

I have mentioned the process of contracting already, but I wish to touch on it again briefly. I am a member of the Select Committee on Business, Energy and Industrial Strategy, and just this morning we held our joint inquiry with the Select Committee on Work and Pensions on the collapse of Carillion. We have questioned the regulators and we will shortly be questioning the Carillion directors. Clearly, there are many lessons to learn from this collapse, which has affected many businesses and people, including those with pensions. I very much hope that when the Government award contracts for HS2, they will learn those lessons quickly so that we do not see the sorts of decisions that enabled companies such as Carillion to continue operating in a way that put pensions and small businesses at risk. I very much hope that the Minister will address those concerns, which I am sure we all have.

If this project is done right, we have an opportunity to do contracting right, and to boost not only small businesses but larger businesses up and down the country, providing opportunities for people to gain new skills. I am talking about apprenticeships, and getting more women in engineering and new sectors such as the rail industry. Such sectors might not have been traditionally attractive for people to consider, so let us make careers in them something to which young people aspire, so that we are going forward with the jobs of the future.

Michelle Donelan Portrait Michelle Donelan
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Does my hon. Friend agree that one area that has been neglected in today’s debate is the social and wellbeing aspect that the project can bring to people? We talk often in this place about loneliness and boosting tourism around the country, and improving our connectivity in the UK is an example of how we can achieve that.

Rachel Maclean Portrait Rachel Maclean
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My hon. Friend makes an extremely perceptive point and I completely agree with it. My hon. Friend the Member for Isle of Wight (Mr Seely) was talking about the investment figures, and sometimes there are intangible benefits that are not always captured in an economic forecast. I hope that the Government are looking at that and looking at how we can maximise what my hon. Friend the Member for Chippenham (Michelle Donelan) describes. Loneliness is a real scourge and when people who live in London can get on a train and go to Birmingham, or vice-versa, and people can to go from Birmingham to the north, they can explore new parts of our beautiful country. We can also reduce the carbon footprint that would come from their getting on an airplane. Let us have more staycations. Let us explore our country, because we are blessed in our island nation with some of the most beautiful landscapes. Sometimes that tourism benefit is lacking from our debate. How much better it would be if we could encourage holidays at home and boost the tourism—

Lindsay Hoyle Portrait Mr Deputy Speaker (Sir Lindsay Hoyle)
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Order. I am trying to have the debate at least somewhere in scope, and I am sure the hon. Lady wants to get back on track —excuse the pun.

Rachel Maclean Portrait Rachel Maclean
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Thank you, Mr Deputy Speaker. I apologise for deviating a tiny bit off the track.

As my right hon. Friend the Member for Derbyshire Dales (Sir Patrick McLoughlin) said in his extremely eloquent speech, it is impossible to build a major infra- structure project in any country without it having some impact on people, but we have to make sure that it is managed sensitively, that people are treated well and that their voices and concerns are heard. I hope that the Government reassure us that that will be done properly.

Infrastructure underpins our productivity. There is a strong push in our country towards devolution, and investment in high-speed rail is critical to that. Will the Minister say how this project will link to the devolved combined authorities agenda? I am close to the West Midlands combined authority—Redditch is a constituent member—where the Mayor holds powers over transport. It is important that HS2 links to transport in the mayors’ regions so that we have an integrated solution to local transport issues. I have campaigned vigorously for better links between Birmingham and my town of Redditch, and I shall continue to do so. I hope that we see a push on that as capacity is freed up when the express trains leave the lines, thereby freeing up more scope for faster and better express services from secondary hubs into the main cities.

We in the west midlands are leading on jobs and growth. We have a booming economy. We are creating more jobs and more businesses are starting in our area than in any other part of the country. Redditch is on the edge of that, but we benefit from it and we want to harness it. We want our region to take control of our own destiny, as do, I am sure, colleagues from across the country. This high-speed rail project and other infrastructure projects will enable us to take charge of our own destiny and live our own lives and will encourage prosperity for all our constituents.

18:21
Andrew Jones Portrait Andrew Jones (Harrogate and Knaresborough) (Con)
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I rise to speak in support of the Bill. It is positive that we are debating it and I very much enjoyed playing a role in its development.

As my right hon. Friend the Member for Derbyshire Dales (Sir Patrick McLoughlin) said, passenger numbers on our railways have grown from just over 700 million to nearly 1.6 billion. That is a fantastic turnaround for an industry that had seen decades of decline. The industry now faces the challenge of how to cater for the growth it is experiencing. It is a completely different mindset, so it is positive that we are seeking finally to bite the bullet and construct some new capacity in the UK rail network. We have deferred this decision for far too long. Things such as small upgrades to reduce pinch points and thereby increase capacity have only deferred the big decisions. If we consider the fact that we have not built a new railway line in England north of London since the reign of Queen Victoria, we realise just how overdue HS2 is.

Ben Bradley Portrait Ben Bradley (Mansfield) (Con)
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Does my hon. Friend agree that part of the reason why we now face a capacity issue and need to deliver HS2 is that the frailties of the nationalised rail service caused the shutdown of so much of the capacity throughout the country?

Andrew Jones Portrait Andrew Jones
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My hon. Friend makes an insightful point. We had decades of decline when the rail industry was in public hands. The turnaround post-privatisation has been dramatic. Opposition Members take that for granted and suggest that nationalisation is a way forward, but they have forgotten the complete change we saw, with the focus on customers and growth, and how that has delivered and been a key part of the UK’s economic growth.

Christian Matheson Portrait Christian Matheson
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Will the hon. Gentleman not concede that that turnaround has taken place on the back of several hundred million pounds of public money being given to the train operators every year?

Andrew Jones Portrait Andrew Jones
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Well, the hon. Gentleman suggests that even more public money should go in, so I am not sure where his argument takes him, apart from round in a circle. We are seeing long-overdue public investment in the rail industry.

Lord McLoughlin Portrait Sir Patrick McLoughlin
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We do not want to spend too much time on this issue, but the simple fact is that in the past, when the nationalised railway had to rely solely on the Government, the Government cut off its funding. With privatisation, it has attracted funding. The truth of the matter is that that has seen growth in the rail industry that has made something like HS2 absolutely necessary.

Andrew Jones Portrait Andrew Jones
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My right hon. Friend is as wise as ever. Not only do we have public money going into our railways, but we are seeing private investment attracted into our railways and therefore more investment in aggregate. We have this urgent need for capacity within our network to cater for the growth both in passengers and in freight.

After years of decline, this decision has been taken to go for growth. The next question that successive Governments have faced is what form that should take. Should it be investment in the classic rail network, or should we be embracing new technology? Well, we should of course be embracing new technology. Perhaps it is again worth remembering that that has not always been the case under nationalised industries. The UK built its last steam engine in 1960, and it was only in 1964 that the Japanese introduced the bullet train. The Government are buying investment not in phone boxes, but in fibre broadband. Technology should of course be at the heart of our investment decisions.

Gareth Snell Portrait Gareth Snell
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I thank the hon. Gentleman for giving way; he is being generous. I do not disagree with his arguments about the need for infrastructure investment or the need for additional capacity, but this Bill in particular is about the route between the west midlands and Crewe. The route that has been chosen is the most expensive that it could be, delivering the least economic benefits for Staffordshire and causing the most ecological damage. That is what we should be discussing this evening.

Andrew Jones Portrait Andrew Jones
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That has been part of the discussion throughout the day. I have to say that I missed some of the speeches. I am sorry to hear what the hon. Gentleman had to say, but I simply do not agree with his basic premise. I have travelled the route, met local communities along the route and met local government leaders and local businesses along the route. I simply do not agree with his premise.

The issues raised by colleagues along the line of the route are of course entirely fair and legitimate, and they are right to speak up for their constituents. It is difficult delivering infrastructure—whether it is transport, digital or housing infrastructure—without causing some environmental impact. It is clearly right for the Minister to listen to the concerns raised by Members and to respond appropriately. I know that when I was part of the Transport team, we did nothing but listen and try to address those issues. I know that the Under-Secretary of State for Transport, my hon. Friend the Member for Wealden (Ms Ghani), will be in the same grain.

Despite all the sensitivities that have been raised, it is very encouraging that we have a Government who are seeking to deliver HS2 as fast as possible and have brought forward HS2 phase 2a. Views have been well articulated today. The reasons why I am so supportive of the development are that it will deliver key strategic benefits for the UK in terms of economic growth and the skills legacy. I have visited the two HS2 colleges in Doncaster and in Birmingham—only during their construction phase; not since they have progressed further —and I was incredibly impressed by what I saw. They offer great facilities for skills development for people taking apprenticeships. They will learn all the skills that we will need not just for this project, but for future high-speed rail projects.

Rachel Maclean Portrait Rachel Maclean
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I hope the House will forgive me for raising this issue again, but because he has visited the college and I have not done so, will he tell me what progress he saw on the initiative for getting more women into the train and engineering industry while he was there?

Andrew Jones Portrait Andrew Jones
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My hon. Friend makes a very interesting point. It was reasonably hard to see that from the project in development, but the teams I met working in the colleges were absolutely clear that they will be drawing on as much talent as possible, which will obviously mean bringing more women into engineering. We have a huge shortfall in the number of engineers in the UK. Historically, we have failed to draw on as wide a talent base as possible. The more we talk about the matter in this place, the more we follow it through within communities, and the more we offer a series of careers that can deliver high-quality jobs that solve community problems, the more women we will attract into the industry.

John Hayes Portrait Mr John Hayes
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Cutting-edge strategic decisions always bring with them a certain degree of contention, which is why Governments in democratic polities too rarely make such decisions. They also bring with them opportunity. One thinks of Crossrail. At the beginning, there were doubters, but Crossrail has, without doubt, led to the development of skills of the kind my hon. Friend described, the creation of opportunities, and the seeding of jobs, which have led to us being world beating. The same thing can happen in respect of HS2.

Andrew Jones Portrait Andrew Jones
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My right hon. Friend makes an interesting point. I entirely agree with him. For those who have not yet had the opportunity to go to see Crossrail, the opportunity may well occur again as Crossrail has been taking people down to have a look at its sites. What Crossrail has achieved is fantastic. I hope that my hon. Friend the Member for Redditch will shortly be able to visit one of the HS2 colleges, where she will see just the difference that the project has made.

Cheryl Gillan Portrait Dame Cheryl Gillan
- Hansard - - - Excerpts

I would just say in response to the previous intervention that there would have been far fewer problems had the tunnel gone the entire way under the Chilterns. It would have been advisable to do that. Does my hon. Friend agree that there is a real danger that we will not have the engineering capacity to complete these projects on budget and on time, and that, as we currently lack so many skills in engineering, it will be hard to make up that deficit?

Andrew Jones Portrait Andrew Jones
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My right hon. Friend makes two points. We have previously discussed the issue of tunnelling in the Chilterns. I feel more optimistic about the project as a whole. I do not feel that the current skills gap will hinder the delivery of the project, and I am clear that that will not happen because of the actions taken to bring more people into the sector. The fact that we have to deliver skills via building colleges suggests that the Government have been taking seriously the issue of skills in the railways.

The key reason that phase 2a is such a positive project is that more people will benefit from HS2. Crewe is a rail hub. More passengers will be able to access the benefits that the HS2 network will deliver. I want us to go forward to further develop high-speed rail in other parts of the UK. I am particularly thinking about Northern Powerhouse Rail across the Pennines. I look forward very much to seeing the progress of the Bill and the rail line that will come from it, and how the Government will work with local communities and local government to maximise the opportunities that this line presents.

The HS2 argument has changed from whether we should have it, to how we can maximise the opportunities when it arrives. Those opportunities will be commercial, environmental and in skills. I see huge opportunity throughout the project, which is why I will support the Bill should we divide on it this evening.

11:30
Rachael Maskell Portrait Rachael Maskell (York Central) (Lab/Co-op)
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I have listened carefully to today’s debate and thank all hon. Members for their contributions. I have heard the concerns and opportunities that the second phase of HS2 will bring. The high-speed rail journey began under the last Labour Government, who recognised the need for greater capacity and better connectivity.

The Victorian rail network has served us well, but nearly 200 years on it is overstretched. If we are to see a significant modal shift in the future—as Labour encourages—and if we want to see rail as the vehicle of choice for distance travel, we cannot stand back and do nothing, nor should we. It was from the Victorian age that our nation witnessed the foresight of a new generation of engineers to radically advance our country and the world. Yet today our trains are slow, crowded, and depend on outdated technology and infrastructure. It is therefore vital that, as a nation, we put ourselves in the driving seat again, strive to be world leaders and propagate the next generation of engineers, with both women and men taking on new careers in the sector.

William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

Does the hon. Lady agree that it was not only the engineers of the Victorian age—great as they were—but also the capital that was provided which ensured that these schemes were actually put into effect?

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

We could spend a long time talking about the shenanigans that also took place in this House over the creation of the Victorian railways.

Future capacity is vital. Although longer trains, digital signalling and infrastructure upgrades connecting with new rolling stock may get us through the current period, we will need more lines if we are to look further ahead. If we are to develop more lines, it is right that we seriously consider where they go.

HS2 gives us a real opportunity to think about the future of our country and how we connect it to address the unacceptable levels of inequality across Britain. HS2 is not just about the route itself but about freeing up capacity on the west coast main line and on our roads. This will bring benefit to current road and rail users, as well as creating new opportunities for further development of passenger and, importantly, freight paths on the west coast, as my hon. Friend the Member for Liverpool, Riverside (Mrs Ellman) highlighted and my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell) asked for.

Of course, Labour would, as always, be looking at the bigger picture, embedding HS2 at the heart of a wider rail and transport strategy. It would be absolutely nonsensical to make such significant investment in a new rail line if we were not properly upgrading the north-west to north-east routes—the HS3 routes. The Secretary of State is not in his place at the moment, but I hope that he will take heed of this. It is not too late to reverse his decision to de-electrify the plans and put power back into the northern powerhouse. The cities in the north demand it. We believe that HS2, integrated with a new, dynamic rail plan, must bring economic investment to the midlands and the north, creating good jobs for a secure future, not least with the new skills required in designing and constructing HS2 through the 30,000 jobs it will create.

My hon. Friend the Member for Crewe and Nantwich (Laura Smith) eloquently set out a strong economic case for proper connectivity through a regional rail hub at Crewe, this being at the centre of a network to feed Cheshire and the wider counties, and north Wales. That is vital for the future economy of Crewe. I can think of no better politician than my hon. Friend to speak up for her town and to make that case.

We must remember that HS2 is not an entirety in itself but a bridge to enable economic growth and industrial investment. My hon. Friend the Member for City of Chester (Christian Matheson) made a similar point, again focusing on how to build the economies of the north-west by ensuring connectivity. It is vital that HS2 talks to the region, and we must dissect this in Committee to ensure that it does. I note his calling for the line to north Wales through Chester. We should not dismiss this opportunity for some of the communities in the UK who most need this infrastructure stimulus. My hon. Friend the Member for Leigh (Jo Platt) also stressed the need to focus on connectivity. A clear call for integration has been made—one that Labour will support.

Phase 2a is set to deliver nearly £4 billion of benefits over the 60-year appraisal period, with a cost-benefit ratio of 1:9 and wider economic impacts. This indicates upper-end medium value for money, but accelerating this phase will represent very high value for money. Around Crewe, we will see 40,000 new jobs and 7,000 homes, opening up the life chances that have not been seen in the area before and starting to address the complete economic imbalance that we have in our country. Extending this to the Constellation Partnership will deliver 100,000 new homes and 120,000 jobs—20,000 in the Cheshire science corridor alone, putting the UK on the international stage in terms of science and technology.

I assure the House that Labour will never stand in the way of providing such opportunities to communities that have been crying out for investment—a point powerfully made by my hon. Friend the Member for Birmingham, Edgbaston (Preet Kaur Gill).

Jonathan Edwards Portrait Jonathan Edwards
- Hansard - - - Excerpts

I take the point that the hon. Lady is making. However, the KPMG report that looked into the impact of HS2 on various economies across the British state indicated that south Wales would be absolutely hammered. Is the Labour party not at all concerned about the economy of south Wales?

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

Of course we are deeply concerned about the economy of south Wales. That is why we electrified the line to south Wales that helped to boost the economy in that region, and also ensured that HS2 fed into north Wales, helping the whole of the Welsh economy to grow.

We have some concerns, and it is absolutely right that there is tight scrutiny of every part of the project, as my right hon. Friend the Member for Rother Valley (Sir Kevin Barron) highlighted. At a time when the economy continues to fail, not least in the north, Labour understands why people are questioning the economic benefit of spending £55.7 billion on a rail route. This 36-mile section will cost £3.5 billion. At a time when our public services are crying out for investment, it is right that critical questions are asked about the project. However, the benefits are also clear, and it cannot be an either/or. This is about getting the Government’s economic strategy right. We will make sure that every decision brings maximum inward investment, as the economic opportunity is already estimated to be £92 billion across HS2.

We hear the concerns about the environment. It is vital that real consideration is given in Committee to the impact of construction and of the final network on the environment. That cannot just be about mitigation elsewhere, and I will push for us to maximise this opportunity. I will also want to ensure in Committee that modern, advanced engineering is able to find answers to the many questions raised about the environment and how the habitats directive, no matter which side of Brexit we are on, is seen in its fullest sense.

The hon. Member for Stafford (Jeremy Lefroy), who spoke particularly well on behalf of his constituents, highlighted how important it is to ensure that his constituents’ concerns are picked up. I assure him that in Committee, we will listen carefully to the points he has to make. The right hon. Member for Chesham and Amersham (Dame Cheryl Gillan) spoke of her vast experience in dealing with HS2. It is really important that lessons are learned and that there is good communication, and we must certainly end corridor deals.

William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

The hon. Lady just said that in Committee, we will do such and such. I think she may have misunderstood the nature of the procedure. It will be a hybrid Bill Select Committee, not a Committee of the House.

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

I thank the hon. Gentleman, but I do understand the process. Petitions will be brought forward, and we will listen carefully to them.

Labour will want to ensure that all opportunities for cyclists and walkers are harnessed from the HS2 route. Not much has been said about that to date. Labour is committed to cleaning up our air and our environment by cleaning up on the actions of Government when it comes to transport. Labour believes that investment in public and, I must add, publicly owned transport—we are not going back to the past, but moving forward to the future—is the way forward to deliver a rail system fit for the 21st century.

18:42
Nusrat Ghani Portrait The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)
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It is with great pleasure that I close the Second Reading debate. This is my first Bill, so there is no pressure; I will try to do it some justice.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Laura Smith Portrait Laura Smith
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

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

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

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

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

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

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

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

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

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

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

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

18:58
Michael Fabricant Portrait Michael Fabricant
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As I intend to vote against Second Reading, for all the reasons I have given, and as that has the same effect, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question put, That the Bill be now read a Second time.

18:59

Division 109

Ayes: 295


Conservative: 267
Labour: 13
Democratic Unionist Party: 8
Liberal Democrat: 5
Independent: 2

Noes: 12


Conservative: 6
Plaid Cymru: 3
Labour: 2
Green Party: 1

Bill read a Second time.
High Speed Rail (West Midlands - Crewe) Bill (Money)
Queen’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the High Speed Rail (West Midlands - Crewe) Bill, it is expedient to authorise the payment out of money provided by Parliament of:
(1) any expenditure incurred by the Secretary of State in consequence of the Act, and
(2) any increase attributable to the Act in the sums payable out of money so provided under any other enactment.—(Chris Heaton-Harris.)
Question agreed to.
Business of the House
Motion made, and Question put forthwith (Standing Orders Nos. 15 and 41A),
That at this day’s sitting the Motion in the name of Andrea Leadsom relating to Business of the House may be proceeded with, though opposed, until any hour, and Standing Order No. 41A (Deferred divisions) will not apply.—(Chris Heaton-Harris.)
Question agreed to.
Ordered,
That in respect of the Motions in the name of Secretary Chris Grayling relating to
(1) the High Speed Rail (West Midlands - Crewe) Bill; and
(2) Positions for which additional salaries are payable for the purposes of section 4A(2) of the Parliamentary Standards Act 2009, the Speaker shall put the Questions necessary to dispose of proceedings not later than one and a half hours after the commencement of proceedings on the Motion for this Order (notwithstanding, in respect of item (2) above, the provisions of paragraph (1) of Standing Order No. 16); such Questions shall include the Questions on any Amendments selected by the Speaker which may then be moved; proceedings may continue, though opposed, after the moment of interruption; and Standing Order No. 41A (Deferred divisions) shall not apply.—(Chris Heaton-Harris.)
High Speed Rail (West Midlands - Crewe) Bill (Committal)
Ordered,
1. That the Bill be committed to a Select Committee of five members, all of whom are to be nominated by the Selection Committee.
2. That in determining the composition of the Select Committee the Selection Committee shall nominate three members from the Government and two from the Opposition.
3. That there shall stand referred to the Select Committee—
(a) any petition against the Bill submitted to the Private Bill Office between 30 January 2018 and 26 February 2018, and
(b) any petition which has been submitted to the Private Bill Office and in which the petitioners complain of any amendment as proposed in the filled-up Bill or of any matter which has arisen during the progress of the Bill before the Select Committee,
(and references in this sub-paragraph to the submission of a petition are to its submission electronically, by post or in person).
4. That, notwithstanding the practice of the House that appearances on petitions against an opposed private bill be required to be entered at the first meeting of the Select Committee on the bill, in the case of any such petitions as are mentioned in paragraph 3(a) above on which appearances are not entered at that meeting, the Select Committee shall appoint a later day or days on which it will require appearances on those petitions to be entered.
5. That any petitioners whose petitions stand referred to the Select Committee shall, subject to the rules and orders of the House, be entitled to be heard upon their petition by themselves, their counsel, representatives or parliamentary agents provided that the petition is prepared in conformity with the rules and orders of the House; and the member in charge of the Bill shall be entitled to be heard through counsel or agents in favour of the Bill against any such petition.
6. That in applying the rules of the House in relation to parliamentary agents, any reference to a petitioner in person shall be treated as including a reference to a duly authorised member or officer of an organisation, group or body.
7. That the Select Committee have power to sit notwithstanding any adjournment of the House, to adjourn from place to place and to report from day to day the minutes of evidence taken before it.
8. That the Select Committee have power to make special reports from time to time.
9. That three be the quorum of the Select Committee.—(Chris Heaton-Harris.)
High Speed Rail (West Midlands - Crewe) Bill (Instruction)
Ordered,
That it be an Instruction to the Select Committee to which the High Speed Rail (West Midlands - Crewe) Bill is committed to deal with the Bill as follows:
1. The Committee shall treat the principle of the Bill, as determined by the House on the Bill’s Second Reading, as comprising—
(a) the provision of a high speed railway between a junction with Phase One of High Speed 2 near Fradley Wood, in Staffordshire, and a junction with the West Coast Mainline near Crewe in Cheshire,
(b) in relation to the railway set out on the plans deposited in July 2017 in connection with the Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons, its broad route alignment, and
(c) the fact that there are to be no new stations on, or additional spurs from, the railway mentioned in sub-paragraph (b);
and those matters shall accordingly not be at issue during proceedings of the Committee.
2.- (1) The Committee shall have power to consider any amendments proposed by the member in charge of the Bill which, if the Bill were a private bill, could not be made except upon petition for additional provision.
(2) Sub-paragraph (1) applies only so far as the amendments proposed by the member in charge of the Bill fall within the principle of the Bill as provided for by paragraph 1 above.
That these Orders be Standing Orders of the House.—(Chris Heaton-Harris.)
High Speed Rail (West Midlands - Crewe) Bill (Carry-over)
Ordered,
That the following provisions shall apply to proceedings on the High Speed Rail (West Midlands - Crewe) Bill:
Suspension at end of current Session
1. Further proceedings on the Bill shall be suspended from the day on which this Session of Parliament ends (“the current Session”) until the next Session of Parliament (“the next Session”).
2. If a Bill is presented in the next Session in the same terms as those in which the Bill stood when proceedings on it were suspended in the current Session—
(a) the Bill so presented shall be ordered to be printed and shall be deemed to have been read the first and second time;
(b) the Standing Orders and practice of the House applicable to the Bill, so far as complied with or dispensed with in the current Session, shall be deemed to have been complied with or (as the case may be) dispensed with in the next Session; and
(c) the Bill shall be dealt with in accordance with—
(i) paragraph 3, if proceedings in Select Committee were not completed when proceedings on the Bill were suspended,
(ii) paragraph 4, if proceedings in Public Bill Committee were begun but not completed when proceedings on the Bill were suspended,
(iii) paragraph 5, if the Bill was waiting to be considered when proceedings on it were suspended,
(iv) paragraph 6, if the Bill was waiting for proceedings in legislative grand committee when proceedings on it were suspended,
(v) paragraph 7, if the Bill was waiting for third reading when proceedings on it were suspended, or
(vi) paragraph 8, if the Bill has been read the third time and sent to the House of Lords.
3. If this paragraph applies—
(a) the Bill shall stand committed to a Select Committee of such Members as were members of the Committee when proceedings on the Bill were suspended in the current Session;
(b) any instruction of the House to the Committee in the current Session shall be an instruction to the Committee on the Bill in the next Session;
(c) all petitions submitted in the current Session which stand referred to the Committee and which have not been withdrawn, and any petition submitted between the day on which the current Session ends and the day on which proceedings on the Bill are resumed in the next Session in accordance with this Order, shall stand referred to the Committee in the next Session;
(d) any minutes of evidence taken and any papers laid before the Committee in the current Session shall stand referred to the Committee in the next Session;
(e) only those petitions mentioned in sub-paragraph (c), and any petition which may be submitted to the Private Bill Office and in which the petitioners complain of any proposed additional provision or of any matter which has arisen during the progress of the Bill before the Committee in the next Session, shall stand referred to the Committee;
(f) any petitioners whose petitions stand referred to the Committee in the next Session shall, subject to the rules and orders of the House, be entitled to be heard upon their petition by themselves, their counsel, representatives or parliamentary agents provided that the petition is prepared and signed in conformity with the rules and orders of the House; and the Member in charge of the Bill shall be entitled to be heard through counsel or agents in favour of the Bill against any such petition;
(g) in applying the rules of the House in relation to parliamentary agents, any reference to a petitioner in person shall be treated as including a reference to a duly authorised member or officer of an organisation, group or body;
(h) the Committee shall have power to sit notwithstanding any adjournment of the House, to adjourn from place to place, and to report from day to day minutes of evidence taken before it;
(i) the Committee shall have power to make special reports from time to time;
(j) three shall be the quorum of the Committee;
(k) any person registered in the current Session as a parliamentary agent entitled to practise as such in opposing Bills only who, at the time when proceedings on the Bill were suspended in the current Session, was employed in opposing the Bill shall be deemed to have been registered as such a parliamentary agent in the next Session.
4. If this paragraph applies, the Bill shall be deemed to have been reported from the Select Committee and to have been re-committed to a Public Bill Committee.
5. If this paragraph applies—
(a) the Bill shall be deemed to have been reported from the Select Committee and from the Public Bill Committee, and
(b) the Bill shall be set down as an order of the day for consideration.
6. If this paragraph applies—
(a) the Bill shall be deemed to have been reported from the Select Committee and from the Public Bill Committee and to have been considered, and
(b) the Bill shall be set down as an order of the day for further consideration.
7. If this paragraph applies—
(a) the Bill shall be deemed to have been reported from the Select Committee and from the Public Bill Committee, to have been considered and to have completed any proceedings in legislative grand committee, and
(b) the Bill shall be set down as an order of the day for third reading.
8. If this paragraph applies, the Bill shall be deemed to have passed through all its stages in this House.
Other
9. In paragraph 1 above the reference to further proceedings does not include proceedings under Standing Order 224A(8) (deposit of supplementary environmental information).
10. In paragraph 3 above references to the submission of a petition are to its submission electronically, by post or in person.
That the above Orders be Standing Orders of the House.—(Chris Heaton-Harris.)
High Speed Rail (West Midlands - Crewe) Bill: Select Committee (Additional Salaries)
Ordered,
That the Order of the House of 19 March 2013 (Positions for which additional salaries are payable for the purposes of section 4A(2) of the Parliamentary Standards Act 2009) be amended, in paragraph (1)(a), by inserting, in the appropriate place, “the Select Committee on the High Speed Rail (West Midlands–Crewe) Bill”.—(Chris Heaton-Harris.)

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

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

(4 years, 9 months ago)

Public Bill Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 25 June 2019 - (25 Jun 2019)
The Committee consisted of the following Members:
Chairs: † Ms Karen Buck, Philip Davies
Burghart, Alex (Brentwood and Ongar) (Con)
† Coyle, Neil (Bermondsey and Old Southwark) (Lab)
† Daby, Janet (Lewisham East) (Lab)
† Dhesi, Mr Tanmanjeet Singh (Slough) (Lab)
† Donelan, Michelle (Chippenham) (Con)
Duffield, Rosie (Canterbury) (Lab)
† Foxcroft, Vicky (Lewisham, Deptford) (Lab)
† Gaffney, Hugh (Coatbridge, Chryston and Bellshill) (Lab)
† Ghani, Ms Nusrat (Parliamentary Under-Secretary of State for Transport)
† Green, Chris (Bolton West) (Con)
† Harrison, Trudy (Copeland) (Con)
† Johnson, Dr Caroline (Sleaford and North Hykeham) (Con)
† Maclean, Rachel (Redditch) (Con)
† Robinson, Mary (Cheadle) (Con)
† Rodda, Matt (Reading East) (Lab)
† Ross, Douglas (Moray) (Con)
† Sweeney, Mr Paul (Glasgow North East) (Lab/Co-op)
Adam Mellows-Facer, Rob Page, Committee Clerks
† attended the Committee
Public Bill Committee
Tuesday 25 June 2019
(Morning)
[Ms Karen Buck in the Chair]
High Speed Rail (West Midlands - Crewe) Bill
09:27
None Portrait The Chair
- Hansard -

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

Nusrat Ghani Portrait The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)
- Hansard - - - Excerpts

I beg to move,

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

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

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

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

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

Question put and agreed to.

Ordered,

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

None Portrait The Chair
- Hansard -

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

Clause 1

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

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

None Portrait The Chair
- Hansard -

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

Matt Rodda Portrait Matt Rodda (Reading East) (Lab)
- Hansard - - - Excerpts

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

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

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Schedule 1 agreed to.

Clause 2

Further provision about works

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

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

That schedule 2 be the Second schedule to the Bill.

That schedule 3 be the Third schedule to the Bill.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

Again, it is a standard clause for works Bills.

Subsection (4) introduces schedule 2, which contains

“further and supplementary provision about works.”

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

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Schedules 2 and 3 agreed to.

Clause 3

Highways

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

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

That schedule 4 be the Fourth schedule to the Bill.

That schedule 5 be the Fifth schedule to the Bill.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Schedules 4 and 5 agreed to.

Clause 4

Power to acquire land compulsorily

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

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

That schedule 6 be the Sixth schedule to the Bill.

That schedule 7 be the Seventh schedule to the Bill.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Schedules 6 and 7 agreed to.

Clause 5

Acquisition of rights and imposition of restrictive covenants

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

None Portrait The Chair
- Hansard -

With this it will be convenient to consider the following:

That schedule 8 be the Eighth schedule to the Bill.

That schedule 9 be the Ninth schedule to the Bill.

That schedule 10 be the Tenth schedule to the Bill.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

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

Question put and agreed to.

Clause 5 accordingly ordered to stand part of the Bill.

Schedules 8 to 10 agreed to.

Rachel Maclean Portrait Rachel Maclean (Redditch) (Con)
- Hansard - - - Excerpts

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

None Portrait The Chair
- Hansard -

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

Clause 6

Acquisition of airspace

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 6 accordingly ordered to stand part of the Bill.

09:39
Clause 7
Acquisition of subsoil or under-surface
Question proposed, That the clause stand part of the Bill.
None Portrait The Chair
- Hansard -

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

Question put and agreed to.

Clause 7 accordingly ordered to stand part of the Bill.

Schedule 11 agreed to.

Clause 8

Highway subsoil

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

None Portrait The Chair
- Hansard -

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 8 accordingly ordered to stand part of the Bill.

Schedule 12 agreed to.

Clause 9

Termination of power to acquire land

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

None Portrait The Chair
- Hansard -

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

Question put and agreed to.

Clause 9 accordingly ordered to stand part of the Bill.

Schedule 13 agreed to.

Clause 10

Extinction of rights over land

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

None Portrait The Chair
- Hansard -

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 10 accordingly ordered to stand part of the Bill.

Schedule 14 agreed to.

Clause 11

Extinction of rights of statutory undertakers

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 11 accordingly ordered to stand part of the Bill.

Clause 12

Exclusion of new rights of way

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 12 accordingly ordered to stand part of the Bill.

Clause 13

Temporary possession and use of land

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

None Portrait The Chair
- Hansard -

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

That schedule 15 be the Fifteenth schedule to the Bill.

That schedule 16 be the Sixteenth schedule to the Bill.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

Question put and agreed to.

Clause 13 accordingly ordered to stand part of the Bill.

Schedules 15 and 16 agreed to.

Clause 14

Use of roads

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 14 accordingly ordered to stand part of the Bill.

Clause 15

Enforcement of restrictions on land use

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 15 accordingly ordered to stand part of the Bill.

Clause 16

Compensation for injurious affection

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 16 accordingly ordered to stand part of the Bill.

Clause 17

Deemed planning permission

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

None Portrait The Chair
- Hansard -

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 17 accordingly ordered to stand part of the Bill.

Schedule 17 agreed to.

Clause 18

Time limit on deemed planning permission

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 18 accordingly ordered to stand part of the Bill.

10:00
Clause 19
Power to disapply deemed planning permission
Question proposed, That the clause stand part of the Bill.
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 19 accordingly ordered to stand part of the Bill.

Clause 20

Development consent

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 20 accordingly ordered to stand part of the Bill.

Clause 21

Listed buildings and ancient monuments

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

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

That schedule 18 be the Eighteenth schedule to the Bill.

That schedule 19 be the Nineteenth schedule to the Bill.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Tanmanjeet Singh Dhesi Portrait Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

Paul Sweeney Portrait Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
- Hansard - - - Excerpts

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

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

Question put and agreed to.

Clause 21 accordingly ordered to stand part of the Bill.

Schedules 18 and 19 agreed to.

Clause 22

Burial grounds

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

None Portrait The Chair
- Hansard -

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

Question put and agreed to.

Clause 22 accordingly ordered to stand part of the Bill.

Schedule 20 agreed to.

None Portrait The Chair
- Hansard -

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

None Portrait The Chair
- Hansard -

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Clause 23

Consecrated land

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

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

Clauses 24 to 27 stand part.

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

Clause 28 stand part.

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

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

Clause 29 stand part.

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

Clause 30 stand part.

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

Clause 31 stand part.

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

Clause 32 stand part.

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

Clauses 33 to 37 stand part.

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

Clause 38 stand part.

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

Clauses 39 and 40 stand part.

That schedule 30 be the Thirtieth schedule to the Bill.

Clauses 41 and 42 stand part.

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

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

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

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

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

10:15
Clause 31 introduces schedule 26, which modifies legislation on construction noise and gives a defence to the nominated undertaker against statutory nuisance claims in respect to works carried out for phase 2a. As part of the modified appeals and arbitration process introduced by the schedule relating to construction noise, the Secretaries of State for Environment, Food and Rural Affairs and for Transport may, in regulations, make provisions relating to the procedure for matters that are referred to arbitration. Regulations must be made by statutory instrument. Similar provisions were included in the Crossrail Act 2008 and the phase 1 Act.
Clause 32 introduces schedule 27, which disapplies various controls imposed by local Acts relating to Staffordshire and Cheshire. In the 2008 and phase 1 Acts, there were provisions of the same nature in relation to local Acts that had effect in the areas affected by the works authorised by those Acts.
Clause 33 provides that the community infrastructure levy, a charge that local authorities may impose on developers undertaking building projects in their area, is not payable in relation to development authorised by the Bill.
Clause 34 relates to the duties of the Office of Rail and Road as set out in section 4(1) of the Railways Act 1993, and ensures that the requirement for the ORR to facilitate the construction of phase 2a is explicitly set out as one of its objectives. The ORR must consult the Secretary of State about how it should carry out that objective. That will ensure that HS2 is considered by the ORR in exactly the same way as any other rail project, and will ensure that the ORR balances the needs of HS2 with the needs of the wider network. Similar provisions were included in the 2008 and phase 1 Acts.
Clause 35 removes the need for an operating licence under section 6(1) of the Railways Act 1993 for the HS2 infrastructure or train operator when the line is being tested prior to opening. It also provides that this exemption is an appropriate licence exemption for the purposes of the 1993 Act. Similar provisions were included in the phase 1 Act.
Clause 36 provides that the Secretary of State may, before phase 2a is ready for commercial use, disapply the closure provisions of the Railways Act 2005 in the case of closures that are necessary or expedient because of the construction or operation of phase 2a. Similar provisions were included in the phase 1 Act.
Clause 37 introduces schedule 28, which sets out the application of general legislation relating to railways to phase 2a. This includes certain disapplications and incorporations. For example, paragraph 1 of the schedule disapplies the Highway (Railway Crossings) Act 1839, which requires the railroad provider to maintain gates at each end of a crossing and employ a person to open and close said gates. That, of course, is not required, as it is not proposed that level crossings for carriageways be provided in phase 2a. Conversely, the schedule also makes it an offence for a person to obstruct the lawful construction of the authorised works. All those changes aim to ensure that the HS2 railway can be constructed, maintained and operated effectively and safely. Similar provisions were included in the phase 1 Act.
Clause 38 enables the nominated undertaker to require the controller of the railway asset to enter into agreements to support the expeditious delivery of phase 2a. Similarly, the controller of a railway asset may require the nominated undertaker to enter into such an agreement. In default of an agreement between the parties, the terms of such an agreement will be determined by arbitration under schedule 29, which is introduced by subsection (4). Similar provisions were included in the phase 1 Act.
Clause 39 provides that if the Secretary of State acquires any land from a railway operator on which there are works that are already authorised, the Secretary of State may, by order, transfer the responsibility for those works to the Secretary of State or the nominated undertaker. Conversely, if a railway operator acquires land from the Secretary of State on which there are any works authorised by this Bill, the Secretary of State may, with the railway operator’s consent, transfer any responsibility relating to those works to the railway operator.
Clause 40 introduces schedule 30, which makes provision related to traffic regulation, to ensure that traffic regulation orders made or proposed by a traffic authority are consistent with the requirement of the Bill works, and that any TROs required for the Bill works are made in a timely way. Schedule 30 also gives a person authorised by the nominated undertaker the power to remove vehicles that are parked in contravention of a TRO, or on a road that is stopped up under the Bill, and that would obstruct the construction of the Bill works, or would be at risk of being damaged by the works.
Clause 41 allows the Secretary of State, by way of regulations, to appoint a nominated undertaker or undertakers to build phase 2a of HS2. The nominated undertaker would be able to draw on the Bill’s powers, on behalf of the Secretary of State, to deliver the railway. Delegating authority to a delivery body is common practice on major rail infrastructure schemes.
Clause 42 introduces schedule 31, which provides for the extension of planning permission for certain works carried out by statutory undertakers. The schedule disapplies certain limitations of permitted development rights for statutory undertakers, thereby allowing them to use planning permission granted under the Town and Country Planning (General Permitted Development) (England) Order 2015 for works that form part of, or works in connection with, phase 2a. Paragraph 2 of the schedule sets out the condition of extended planning permission. It stipulates that the works should be carried out in accordance with any undertaking given by the Secretary of State to the Select Committee of either House during the Bill process, which includes the commitments given through the controls of the environmental minimum requirements.
Question put and agreed to.
Clause 23 accordingly ordered to stand part of the Bill.
Clauses 24 to 27 ordered to stand part of the Bill.
Schedule 21 agreed to.
Clause 28 ordered to stand part of the Bill.
Schedules 22 and 23 agreed to.
Clause 29 ordered to stand part of the Bill.
Schedule 24 agreed to.
Clause 30 ordered to stand part of the Bill.
Schedule 25 agreed to.
Clause 31 ordered to stand part of the Bill.
Schedule 26 agreed to.
Clause 32 ordered to stand part of the Bill.
Schedule 27 agreed to.
Clauses 33 to 37 ordered to stand part of the Bill.
Schedule 28 agreed to.
Clause 38 ordered to stand part of the Bill.
Schedule 29 agreed to.
Clauses 39 and 40 ordered to stand part of the Bill.
Schedule 30 agreed to.
Clauses 41 and 42 ordered to stand part of the Bill.
Schedule 31 agreed to.
Clause 43
Protective provisions
Question proposed, That the clause stand part of the Bill.
None Portrait The Chair
- Hansard -

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

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

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

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

Question put and agreed to.

Clause 43 accordingly ordered to stand part of the Bill.

Schedule 32 agreed to.

None Portrait The Chair
- Hansard -

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

Indeed it is.

Clause 44

Existing agreements

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

None Portrait The Chair
- Hansard -

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

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

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

10:30
Question put and agreed to.
Clause 44 accordingly ordered to stand part of the Bill.
Clauses 45 to 47 ordered to stand part of the Bill.
Clause 48
Enforcement of environmental covenants
Question proposed, That the clause stand part of the Bill.
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

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

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 48 accordingly ordered to stand part of the Bill.

Clause 49

Power to apply Act to further high speed rail works

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

None Portrait The Chair
- Hansard -

I propose that we debate clauses 49 to 60 together.

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

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

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

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

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

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

Question put and agreed to.

Clause 49 accordingly ordered to stand part of the Bill.

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

Clause 61

Financial Provision

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

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

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

“a shocking waste of taxpayers’ money”,

blaming it on

“weak internal processes at HS2”,

and there have been other concerns about the project.

Tanmanjeet Singh Dhesi Portrait Mr Dhesi
- Hansard - - - Excerpts

Does my hon. Friend agree that the issue of spiralling costs concerns many of us up and down the country? If we do not get this right, it will have a huge impact on how services are delivered in our local communities in terms of housing, education, hospitals and so forth. Does he agree that the Government need to get a grip on the costs of HS2?

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

I thank my hon. Friend for his intervention; it is nice to have a colleague from Berkshire Labour intervening on me. The Government need to be responsible with these very large sums of public money, and it is deeply disappointing that they have fallen well short at times.

The words of the Public Accounts Committee are worth considering:

“a shocking waste of taxpayers’ money”

is a severe condemnation of the Government. There have been many other allegations about HS2’s potentially not being well planned or managed. Ensuring that HS2 secures value for money is essential if we are to retain public support for the project. There should be no blank cheque.

Paul Sweeney Portrait Mr Sweeney
- Hansard - - - Excerpts

My hon. Friend makes an important point about the general principles of HS2 and the need to ensure that the project delivers maximum economic benefit to the nation, including industrial skills and job opportunities. When we look at how the Treasury assesses such projects, we see that very little consideration is given to how much value is created in the wider economy, particularly through industrial development. In my own constituency, the Caledonian railway works in Springburn faces closure. Would it not have been possible to utilise the supply chain opportunities of HS2 to ensure that highly skilled jobs in the railway industry are supported and maximised through the project’s supply chain?

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Paul Sweeney Portrait Mr Sweeney
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

Question put and agreed to.

Clause 61 accordingly ordered to stand part of the Bill.

Clause 62

Commencement and short title

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Question put and agreed to.

Clause 62 accordingly ordered to stand part of the Bill.

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

10:46
Adjourned till this day at Two o’clock.

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

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

(4 years, 9 months ago)

Public Bill Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 25 June 2019 - (25 Jun 2019)
The Committee consisted of the following Members:
Chairs: Ms Karen Buck, † Philip Davies
Burghart, Alex (Brentwood and Ongar) (Con)
† Coyle, Neil (Bermondsey and Old Southwark) (Lab)
† Daby, Janet (Lewisham East) (Lab)
† Dhesi, Mr Tanmanjeet Singh (Slough) (Lab)
† Donelan, Michelle (Chippenham) (Con)
Duffield, Rosie (Canterbury) (Lab)
† Foxcroft, Vicky (Lewisham, Deptford) (Lab)
† Gaffney, Hugh (Coatbridge, Chryston and Bellshill) (Lab)
† Ghani, Ms Nusrat (Parliamentary Under-Secretary of State for Transport)
† Green, Chris (Bolton West) (Con)
† Harrison, Trudy (Copeland) (Con)
† Johnson, Dr Caroline (Sleaford and North Hykeham) (Con)
† Maclean, Rachel (Redditch) (Con)
† Robinson, Mary (Cheadle) (Con)
† Rodda, Matt (Reading East) (Lab)
† Ross, Douglas (Moray) (Con)
† Sweeney, Mr Paul (Glasgow North East) (Lab/Co-op)
Adam Mellows-Facer, Rob Page, Committee Clerks
† attended the Committee
Public Bill Committee
Tuesday 25 June 2019
(Afternoon)
[Philip Davies in the Chair]
High Speed Rail (West Midlands - Crewe) Bill
11:34
None Portrait The Chair
- Hansard -

Welcome back to the Committee. I remind colleagues to turn electronic devices to silent.

New Clause 1

Report on trees and woodland habitats

‘(1) The Secretary of State must prepare a report on—

(a) the likely effects of the scheduled works on trees and woodland habitats;

(b) steps to be taken to minimise or mitigate those effects.

(2) The report must include specific consideration of—

(a) ancient trees, including those on construction sites which will not be designated for long term railway use;

(b) tree felling, with particular reference to birdlife nesting and breeding seasons;

(c) wildlife habitat corridors; and

(d) woodland, including ancient woodland.

(3) The report must be laid before Parliament within one year of this Act being passed.’—(Matt Rodda.)

Brought up, and read the First time.

Matt Rodda Portrait Matt Rodda (Reading East) (Lab)
- Hansard - - - Excerpts

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

It is a pleasure to serve under your chairmanship, Mr Davies. The new clauses proposes that the Secretary of State must prepare a report on the likely effects of the scheduled works on trees and woodland habitats and steps to be taken to minimise or mitigate those effects. The report must include specific consideration of ancient trees, including those on construction sites—

None Portrait The Chair
- Hansard -

Order. It might be helpful to the hon. Gentleman to know that although he is very welcome to read out the new clause, he does not need to do so as it is on the amendment paper. If he wishes to do so to make his point, he is more than welcome to.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

Thank you for your advice, Mr Davies. If I may, I will finish reading the new clause, but I will not read out the subsequent new clauses to the Committee, for the sake of brevity.

The report must include specific consideration of tree felling, with particular reference to bird nesting and breeding seasons; of wildlife habitat corridors; and of woodland, including ancient woodland. The report must be laid before Parliament within one year of the Act being passed.

Nusrat Ghani Portrait The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)
- Hansard - - - Excerpts

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

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

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

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

None Portrait The Chair
- Hansard -

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

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

Division 1

Ayes: 7


Labour: 7

Noes: 8


Conservative: 8

14:15
New Clause 2
Report on use of rail transport during scheduled works
‘(1) The Secretary of State must prepare a report on the use of rail transport during the scheduled works.
(2) The report must include an assessment of the benefits of transporting—
(a) aggregates;
(b) track;
(c) concrete; and
(d) other materials
by rail rather than road.
(3) The report must be laid before Parliament within one year of this Act being passed.’—(Matt Rodda.)
Brought up, and read the First time.
Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

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

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

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

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

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

Division 2

Ayes: 7


Labour: 7

Noes: 8


Conservative: 8

New Clause 3
Report on disruption to cycling and walking
‘(1) The Secretary of State must prepare a report on—
(a) any disruption likely to be caused to cyclists and walkers by—
(i) the scheduled works, and
(ii) the railway; and
(b) steps to be taken to minimise or mitigate that disruption.
(2) The report must include specific consideration of—
(a) people seeking to cycle or walk adjacent to, or in parallel to, the railway;
(b) people seeking to cross the railway.
(3) The report must be laid before Parliament within one year of this Act being passed.’—(Matt Rodda.)
Brought up, and read the First time.
Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

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

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

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

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

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

Division 3

Ayes: 7


Labour: 7

Noes: 8


Conservative: 8

New Clause 4
Compensation scheme for tenants
‘(1) The Secretary of State must by regulations make provision for a scheme to compensate tenants adversely affected by the scheduled works.
(2) The scheme must make provision for tenant occupants of—
(a) house boats;
(b) mobile homes;
(c) static homes including caravans;
(d) farms; and
(e) other private properties.
(3) Regulations under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient.
(4) Regulations under this section must be made by statutory instrument.
(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.’—(Matt Rodda.)
Brought up, and read the First time.
Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

Having listened to the concerns of the public, Labour proposes new clause 4. It was evident at the petitions stage of the Bill that along sections of the route HS2 would cause great disruption for residents, but there has been deep dissatisfaction with the way that HS2 Ltd has handled compensation. There have rightly been changes in practice to ensure that landowners and freeholders receive compensation for the loss of their homes, but the issue has not been completely resolved. The Government have provided compensation for individuals, but the new clause addresses where they have fallen short. Its purpose is to ensure that compensation is paid to tenants such as tenant farmers, who often live in close proximity to their place of work, and who will now have responsibility for finding new accommodation, and are more than likely to face longer journey times to work, and residents in urban settings who will lose their home as a result of HS2.

We cannot ignore the fact that across the UK, there are many private rental properties, which many people make their home for a significant time; like social housing tenants, they often plan for it to remain their home for their whole life. There are tenants in other forms of accommodation, too, such as houseboats, which cannot necessarily move, permanent caravans and mobile home parks. Some of those who rent comprise the poorest in our society. Uprooting them and causing them to move—possibly to a property demanding higher rent—could result in greater inconvenience and expenditure. It could mean moving costs and longer travel times. Clearly, HS2 must pay an appropriate amount of compensation for the disruption that it causes these residents.

Labour is concerned that this issue has been overlooked by the Government. We therefore believe that it is necessary for the Government to produce a report on the impact that the HS2 programme has on those who rent different forms of accommodation, and to come up with a compensation scheme that provides reasonable mitigation for the costs and disruption that the programme has caused.

14:30
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

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

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

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

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

Division 4

Ayes: 6


Labour: 6

Noes: 8


Conservative: 8

New Clause 5
Report on forms of railway track
‘(1) The Secretary of State must prepare a report on the relative merits of using slab track and track laid on sleepers in the scheduled works.
(2) The report must include specific consideration of—
(a) environmental impact;
(b) cost efficiency; and
(c) maintenance.
(3) The report must be laid before Parliament within one year of this Act being passed.’—(Matt Rodda.)
Brought up, and read the First time.
Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

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

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

Clause, by leave, withdrawn.

New Clause 6

Quarterly reports on environmental impact, costs and progress

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

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

(a) environmental impact;

(b) costs; and

(c) progress compared to the scheduled timetable.

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

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

Brought up, and read the First time.

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

There is clear concern about the cost of the HS2 programme, as has been discussed in Committee and elsewhere. Clause 61 shows that there is little accountability for the spiralling costs of the project, and as a result, they are continually rising. It is important that the Government be accountable for that. Likewise, it is important that they be accountable for HS2’s impact on the environment. As discussed in the debate on new clause 1, we want to ensure that all infrastructure projects minimise carbon use and protect our natural habitats.

There must also be accountability for ensuring that the project is delivered on time. To achieve that, we believe that there must be regular reporting to Parliament by the Government, to enable Parliament to scrutinise the Executive on these important matters. We believe that quarterly reports provide the right frequency of reporting, and that they would enable all parts of Parliament to fulfil their role, including the Public Accounts Committee, the Transport Committee and the House. Reporting would also provide vital data for external bodies, such as the National Audit Office, and would allow all to follow the impact the project is having, and to ensure that the project is brought under control. I shall take each of those in turn.

Labour has already stated that it would take a different approach to the development of infrastructure across the rail network, and to projects such as HS2, which will be embedded in the wider enhancement programme to ensure proper planning in line with all enhancement projects, and to deliver a more connected and reliable railway. For example, we would have commenced HS2 in the north, and then ensured connectivity to the north and south, reaching further afield to deliver modal shift from cars, heavy goods vehicles and internal flights.

Labour would also have ensured that HS2 was fully embedded in the ambitions for HS3, or Crossrail for the north, or Northern Powerhouse Rail—whichever title is now being used. East-west connectivity in the north of England, connecting major cities such as Manchester, Sheffield and Leeds to other major towns and cities, is vital to building a strong northern economy. Labour has identified how integration of HS2 and HS3 could result in greater efficiencies, not only on cost but on journey times. That would impact largely in phase 2b, but in the light of the widespread concern about cost, and at a time when the austerity programme has had a significant impact on communities in the midlands and the north, it is vital that the Government be more accountable.

Clause 61 is loosely worded, and more or less invites a blank-cheque approach to the project. That is quite staggering. So much investment, especially in rail, is needed across the transport system, so taking that approach without providing for further scrutiny by Parliament is wrong for a project that has attracted so much public interest. After all, as the Conservative party likes to remind us, we are talking about taxpayers’ hard-earned money being spent on a major project. Labour has argued that ensuring that we all have good rail connectivity to the north, which will provide a vital opportunity to rebalance the economy and ensure that northern economies prosper, is the way forward. That is why we are supporting this initiative. We want it to enhance rail capacity, journey times and connectivity. However, as we have seen, this whole project must be brought under greater control and greater accountability. The Government should set out the expenditure clearly in quarterly reports and justify the costs.

We understand that when a project is in development for longer, inflationary factors can come into play, not least at this time of instability for our economy. However, it is right that the Government should have to justify the figures publicly. As it is possible that a future Prime Minister might question going ahead with HS2, it is important to demonstrate better governance of the finances of this project. We therefore call on the Government to present a transparent, quarterly report to Parliament that can be subject to scrutiny, so that the public can understand the financing of the project and the Government can be fully held to account.

I turn to the environmental impact, which is of great concern. As a result of Labour’s motion, Parliament has declared a climate emergency. These are not just words; this is a call to action to ensure immediately that no part of Government adds to the loss of biodiversity, adds to the amount of carbon in the atmosphere, or makes sustained changes to the environment. Labour is pleased with the mitigation proposals under HS2, but when our planet is under such intense threat, and when transport emissions account for 29% of all UK emissions, there is an obligation on the Government—not least the Department for Transport—to respond proactively by reducing the impact on the environment.

The Minister will know the growing concerns that HS2 is prompting about our climate and environment. Parliament should use quarterly reports to spur the Minister on to draw on global best practice, and to identify the true cost of the environmental impact. We recognise that in the long term, with modal shift and planting, HS2 can be mitigated. However, the crisis is now, so there needs to be greater scrutiny now.

14:45
Can the Minister set out the carbon cost of this budget? If the figures are not available, will she write to my colleagues and me? If she is not able to do that, that would point to a major omission in how the Government are addressing climate change, not least with regard to their pronouncement of becoming a carbon-neutral country by 2050, which is quite a long way off. In the light of the UK missing its fourth carbon budget and the Committee on Climate Change’s prediction that we will miss our fifth, unless the Government are held to account for their carbon use the latest announcement will, quite clearly, never be delivered. We cannot allow that to be the case.
As the Minister will know, her Department is not famed for delivering infrastructure projects on time. We need only look at the most recent railway control period, when major infrastructure projects and enhancement programmes were cancelled, and likewise with the road improvement project. We know that delivering infrastructure projects on time and within budget is vital for any Government’s reputation, and therefore we need to ensure that HS2 remains on track. The new clause will ensure that Parliament holds the Executive to account, and the Minister should welcome this initiative, which is widely supported by the public, who are confused about the benefits of HS2.
There is a serious skills shortage across the country in the sectors and vital trades and professions needed to deliver these ambitious programmes. The situation is likely to become more challenging with an aging population and, indeed, with Brexit. It is vital, therefore, that we map delivery against those factors so that early interventions can be made to mitigate the risks of a lack of skills. We therefore call for a quarterly report to be laid before Parliament.
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

None Portrait The Chair
- Hansard -

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

14:48
Sitting suspended for a Division in the House.
15:03
On resuming—
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

Paul Sweeney Portrait Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

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

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

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

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

Division 5

Ayes: 7


Labour: 7

Noes: 8


Conservative: 8

New Clause 7
Ongoing public engagement
‘(1) The Secretary of State must by regulations make provision for ongoing public engagement about the scheduled works.
(2) The regulations may require the nominated undertaker to—
(a) hold public meetings;
(b) make provision for public help and complaints mechanisms;
(c) consult on changes to plans or timetables; and
(d) take other public engagement steps as the Secretary of State sees fit.
(3) Regulations under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient.
(4) Regulations under this section must be made by statutory instrument.
(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.’—(Matt Rodda.)
Brought up, and read the First time.
Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

Already it is clear that residents and businesses along the route of HS2, and those affected by the wider construction of the line, need to be involved in this programme, not just with the passing of the Bill but beyond that, not least because the project is being funded by public money and is causing disruption to many communities.

We call on the Government to put in place regulations to ensure, through a statutory route, that HS2 and the Government continue to engage with the public and, through that engagement, respond to concerns raised. Nobody holds a monopoly on wisdom. Through strong community engagement, the project can develop in the interests of all concerned. The tweaks made by petitioners to the hybrid Bill Committee show the power of such consultation.

As the programme moves from the planning to the delivery phase, unseen consequences may, and probably will, occur. Good public engagement is vital to ensure that there is a response to those issues, whether they are environmental issues—for example, noise, dust and pollutants—or relate to congestion. Communities must have a right to engage in public meetings and to engage with proposed changes. Even with the best planned projects, we know that engagement is vital.

It is important to have a direct complaints process, to which HS2 must respond, for the duration of the building of phase 2a and all subsequent phases. Above all, the public need to have confidence in the development of HS2, but there is concern that that has been lacking to date. This must change, and the new clause would enable the Government to ensure that that happens through the establishment of secondary legislation.

15:15
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

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

Matt Rodda Portrait Matt Rodda
- Hansard - - - Excerpts

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

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

Division 6

Ayes: 7


Labour: 7

Noes: 8


Conservative: 8

Bill to be reported, without amendment.
15:18
Committee rose.

High Speed Rail (West Midlands - Crewe) Bill

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

(4 years, 9 months ago)

Commons Chamber
Read Full debate High Speed Rail (West Midlands-Crewe) Act 2021 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 15 July 2019 - (15 Jul 2019)
[Relevant document: Government overview of the case for HS2 Phase 2a and its environmental impacts, CP 118.]
Consideration of Bill, as amended in the Select Committee, not amended in the Public Bill Committee
New Clause 1
Quarterly reports on environmental impact, costs and progress
“(1) The Secretary of State must publish quarterly reports on the scheduled works throughout the period in which those works take place.
(2) Each such report must contain an assessment of—
(a) environmental impact;
(b) costs; and
(c) progress compared to the scheduled timetable.
(3) The first such report must be laid before Parliament within the period ending three months after the day the scheduled works commence.
(4) Each subsequent report must be laid before Parliament within three months of the publication of the last report under this section.”—(Rachael Maskell.)
Brought up, and read the First time.
16:24
Rachael Maskell Portrait Rachael Maskell (York Central) (Lab/Co-op)
- Hansard - - - Excerpts

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

John Bercow Portrait Mr Speaker
- Hansard - - - Excerpts

With this it will be convenient to discuss the following:

New clause 2—Compensation scheme for tenants

‘(1) The Secretary of State must by regulations make provision for a scheme to compensate tenants adversely affected by the scheduled works.

(2) Regulations under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient.

(3) Regulations under this section must be made by statutory instrument.

(4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

New clause 4—Independent peer review

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

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

(a) environmental impact,

(b) economic impact,

(c) engineering, and

(d) governance.

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

(a) Government,

(b) HS2 Ltd, and

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

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

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

New clause 5—Non-disclosure agreements

‘(1) The nominated undertaker, or any subcontractors thereof, must not enter into any non-disclosure agreement with any party in connection with the scheduled works unless the assessor of non-disclosure agreements related to the scheduled works (“the assessor”) has certified that it is in the public interest.

(2) The Comptroller and Auditor General must appoint a person to be the assessor.

(3) The assessor must be—

(a) independent, and

(b) a current or former high court judge, higher judge or Queen’s Counsel.

(4) In this section, “independent” means independent of—

(a) Government,

(b) HS2 Ltd, and

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

(5) The assessor must undertake his or her work with a presumption in favour of transparency and public accountability in matters connected to the scheduled works.

(6) The assessor must review any non-disclosure agreement between the nominated undertaker, or any subcontractors thereof, and any party in connection with the scheduled works and in place before this section comes into force to certify whether it is—

(a) in the public interest, or

(b) not in the public interest.

(7) The assessor may not determine that a non-disclosure agreement is in the public interest for the purposes of subsection (1) or (6) except for the reason that it is justified because of exceptional commercial confidentiality.

(8) If the assessor certifies under subsection (6) that a non-disclosure agreement is not in the public interest that non-disclosure agreement immediately ceases to have effect.

(9) In this section, a “non-disclosure agreement” means any duty of confidentiality or other restriction on disclosure (however imposed).”

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

May I thank you, Mr Speaker, for selecting the new clauses that stand in my name and those of my hon. Friends? When Labour envisaged HS2, it was a very different infrastructure project from what we see today. We recognised that the generations, particularly across the north and the midlands, needed far better connectivity. We wanted to regenerate the northern towns and cities of our country, and we saw the potential in the midlands to spark a new industrial age and how that was not being met.

After decades of disproportionate investment in London and the south-east, it was a Labour Government who saw how improved connectivity was needed to attract vital inward investment and to revitalise economies in the north. That is what Labour is about: creating high-quality jobs and opportunities to inspire a generation. It is in our name, Labour. Of course, we all knew that rebuilding connectivity had to start in the north, particularly with the east-west connections, to truly join up what is now aspiring to be the northern powerhouse. However, without the power of investment in the transport system, that will be nothing more than a soundbite. That is why Labour supports phase 2a, which will be the shortest leg of the route, at just 37 miles in total, and provide that vital north-south link, north of Birmingham to Crewe. Our support is not unreserved, though, and we believe colleagues should join us in the Lobby today to vote for Labour’s new clauses.

William Cash Portrait Sir William Cash (Stone) (Con)
- Hansard - - - Excerpts

As the hon. Lady knows extremely well, I have opposed this Bill and its predecessor Act of Parliament, which inaugurated the first phase, absolutely 100% all the way down the line. Although I have a great deal of sympathy for the new clauses that the hon. Lady has tabled, I cannot quite understand how she can reconcile what she has just said with the origins of the proposals. New clause 4 says that an independent peer review ought to consider questions relating to the project’s environmental and economic impact and its engineering and governance and that that review must be carried out by persons who are independent of the Government, HS2 Ltd and all the rest. It sounds to me like the hon. Lady is not terribly keen on the proposals.

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

The hon. Gentleman’s intervention seems slightly premature, so I ask him to hold his breath as I come to talk about the other new clauses. This is clearly a massive opportunity, not least for the hon. Gentleman’s constituents, to benefit from more high-quality jobs, which our country desperately needs. I am sure that his constituents would want him to go through the Lobby to achieve that aim.

Jim Cunningham Portrait Mr Jim Cunningham (Coventry South) (Lab)
- Hansard - - - Excerpts

Surely the answer is that, right from the scheme’s inception, there have been serious concerns about the impact on the environment—I do not have time to go through all that—so it is perfectly logical for that to be included among any amendments. However, one of my difficulties with the scheme is that the costs are escalating. Some of my constituents are affected by it but do not get any compensation. From another angle, cities such as Coventry do not get anything out of it because it bypasses Coventry.

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

I remind my hon. Friend that the whole country will benefit, because this is a national infrastructure project. Indeed, many jobs will be created in the supply chain in his very constituency, which I am sure he will welcome. Of course, the environment is a central plank of why Labour supports the Bill. We want to see modal shift—people moving out of their cars and out of the skies and on to trains—and this project will provide such opportunity.

Michael Fabricant Portrait Michael Fabricant (Lichfield) (Con)
- Hansard - - - Excerpts

I am grateful to the hon. Lady for her generosity in giving way. She quite rightly points out that this was a Labour initiative. Given the point she just made about trying to move people away from the skies and on to rail, does she recall that the original Arup proposal would have linked HS2 with HS1, so someone could have got on a train in Manchester and got off that same train in Paris? It was Lord Adonis who actually made changes to prevent that from happening and created an environmental catastrophe in counties such as Staffordshire.

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

The hon. Gentleman will know that one concern about the HS2 project is the escalating cost, and that is why we have tabled some new clauses. To join HS1 to HS2 sounds like a logical proposal, but it would mean that costs would go up considerably. Perhaps that is a project for the future, but to get that long overdue connectivity in the north, it is vital that we press on and build a network for the future. We will then see serious modal shift, not only of passengers but of goods.

John Redwood Portrait John Redwood (Wokingham) (Con)
- Hansard - - - Excerpts

Is the hon. Lady not also worried by the very long delay before there is any additional capacity north of Birmingham? Is it not a paradox that something that was designed to help the northern powerhouse will actually produce only a Birmingham-London additional railway for the foreseeable future?

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

I thank the right hon. Gentleman for his intervention. As I have already said, we would focus on the north and on making sure that we get those trans-Pennine links in place. We see that as a priority over all rail infrastructure projects, because we understand the power of joining up Leeds, Manchester and Sheffield and the cities and towns beyond. We want to see that investment coming forward. Electrification will also ensure that we benefit from better journey times, reliability and connectivity, which are vital for building our railways into the future. However far into the future it will be until we see the realisation of new rail, it does not mean that we will neglect that ambition to build more capacity north to south, which is vital if we are to take lorries off our roads and give freight an opportunity to move on the west coast main line.

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

I will, if I may, finish my point.

Although we all get frustrated because we want projects delivered sooner rather than later, what is crucial to us is that, if we do not start now, we will push the completion date even further away. That is why we are keen to get on with it today.

16:30
Paul Sweeney Portrait Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
- Hansard - - - Excerpts

I thank my hon. Friend for giving way. I share her enthusiasm for this ambitious project. She talks about journey times. To achieve that modal shift, particularly between Scotland and London, we need to get rail journey times below three hours. Does she agree that that requires much more ambition in the future to ensure that we have a UK-wide network, which includes integrating Glasgow and Edinburgh into the high-speed network?

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

I certainly do agree with those excellent points, because HS2 cannot stop at Crewe. We must build further north and right into the heart of Scotland, particularly into the major cities of Edinburgh and Glasgow, to ensure that we get the connectivity right in the future. We know the power of infrastructure to transform people’s lives. We want to see inward investment into those conurbations, which is why we believe that, at this point—this is where the Government have been far too silent—we need to ensure that we build that vision for Glasgow and Edinburgh and beyond as we move forward. As my hon. Friend is such an excellent champion for his city of Glasgow, I am sure that he will be making those points to the Government time and again until we see more action.

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

I wish to make a little more progress, and then I will be happy to take the hon. Gentleman’s intervention.

Let me continue talking through a bit of the history of this project. We know that, by 2011, HS2 was being mapped out at a cost of £37.5 billion. We have seen that cost rise to £55.7 billion today. The narrative around the project has also changed. Frustrations has been expressed by the public, and often echoed in this place, because they want to fully understand the benefits that this project will bring. I trust that the Minister will go back and review the communications on this, because clearly people up and down the country have been hearing about the costs involved but not about the benefits. We need far more clarity, particularly when we know that this will be such a powerful instrument in creating jobs. We also want to give hope and new opportunities to businesses in the supply chain up and down the country, and there is work to do on that.

We need to ensure that those people who are making a sacrifice for this project—whether it is their home or their business that they are having to relocate—get the answers that they need. Labour wants far better governance of the project so that the public get their answers in a timely way from HS2, so that they can make their plans in confidence as they move forward.

Mike Amesbury Portrait Mike Amesbury (Weaver Vale) (Lab)
- Hansard - - - Excerpts

Scepticism is shared by many of my constituents, especially given the track record of non-delivery for the north. If we genuinely want to power up the north, major infrastructure projects are essential, but we need that Crossrail for the north. I am sick and tired of hearing about Crossrail for the south, and it is great to see some of the southern colleagues on the Government Benches now seemingly speaking up for some constituents in the north as well as those in the south—if only they had done that in the past. I want assurances that this will be transparent and that investment will go into the north.

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

My hon. Friend is absolutely right, and of course constituents right across the north really do want to see that investment, which is so long overdue. Therefore, again, the Government need to bring forward greater commitments in statute that they will deliver Crossrail for the north. We on the Opposition Benches are concerned that Crossrail 2, yet another infrastructure project in London, could well take priority and we will not see the full power being put into the electrification of the trans-Pennine route, which was promised, and let us all remember that that was cancelled by the Secretary of State conveniently on the day that Parliament rose. We want to see that investment for the future for our northern towns and cities, and that is certainly what we would see under a Labour Government.

Michael Fabricant Portrait Michael Fabricant
- Hansard - - - Excerpts

I totally agree with the hon. Lady: she is absolutely right about there being a need for a Crossrail in the north because the east-west communications are so bad, but I just want to ask her one thing. She is quite right to say that investment in the capital programme of HS2 will generate jobs and skills, which we so much need, but she also says it will create employment opportunities afterwards; does she not fear that Britain might go down the French route whereby jobs are in fact sucked south into London rather than being generated in the north?

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

France is a very different country from the UK, and we must bear in mind the potential opportunities from improved connectivity across the north given, for instance, the power of the ports in Hull and of course in Liverpool. There is an opportunity for the economy to be built up through those ports, particularly when the Government are looking at our whole trade policy. So there is real opportunity in this project if we get the infrastructure built right, and that is why it is so important that HS2 does not stand alone but is fully integrated across the whole of our transport and rail network to ensure we get the power of the whole project.

William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

I am not sure whether this will come as music to the hon. Lady’s ears, but I am proposing to vote for her new clauses. However, I am really puzzled by new clause 4(4) and (5) and what they say about the independent review, which I am completely behind, as it is to be completely independent of HS2 and the Government and the persons contracted and so forth. Is this not really just window-dressing, however, because the new clause goes on to say the report

“must be laid before the House of Commons within 12 months of this Act receiving Royal Assent”?

In other words, it will be enacted, although I want to see it repealed—[Interruption.] Yes, I do indeed. What is the use of a report being produced by all these incredible independent experts if it will simply not be carried through?

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

There are two separate points. We want to ensure that we get value out of the project, and it is astonishing that the Government have not put in place the peer review mechanisms over it—both economic and engineering peer reviews—as has been the case for other major infrastructure projects. This is a way to build public confidence and to ensure that we have a real comprehension of the power of these projects. Unfortunately, HS2 is working very much in isolation, and that responsibility sits with the Secretary of State, who is not calling it to account enough; it is a shame not to see him in his place today because he is answerable to the House for this project, and he has not done his duty in ensuring that HS2 fulfils its responsibilities. But perhaps we will get a showing from the Secretary of State later—let us hope so.

I want to talk about the environmental concerns that have been raised and the costs. Many have also questioned the engineering itself. In my experience, senior engineers from across the rail industry—not necessarily involved in the HS2 project—have been making these points and have called for greater scrutiny. It is therefore really important that we identify any fault lines in the project to ensure that amendments are made. Of course, it takes time to ensure that there is a proper review and that the project is built for the long term.

Owen Paterson Portrait Mr Owen Paterson (North Shropshire) (Con)
- Hansard - - - Excerpts

Just before the intervention of my hon. Friend the Member for Stone (Sir William Cash), the hon. Lady mentioned that she was in favour of—I think these were the words she used—a joined-up transport project with better co-ordination. At staggering expense, this project will take passengers from my constituency who want to go to Heathrow to a place called Old Oak Common. Now, I have never been there—it might be a most charming place—but I suggest that my constituents will want to go directly to Heathrow. If they wanted to go to HS1 and link up to Brussels, Paris or wherever, as it is they would have to go to Euston, and either walk down the pavement, get in a taxi or get on a bus. That does not seem to be very clever co-ordination of the most expensive railway that man has ever yet conceived.

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

My new clauses are so important to ensuring that we get that desperately needed connectivity built into the infrastructure. The fragmentation across our rail network is incredibly costly; there are delays and there is no joined-up thinking. That is why Labour wants to bring rail together. It is so important to reunite the whole network in one public body, of which we envisage HS2 being a part. We will then get the connectivity that the public would expect from a rail network. I hope that the right hon. Gentleman will support my new clause later today to take that idea forward.

Owen Paterson Portrait Mr Paterson
- Hansard - - - Excerpts

Does the hon. Lady therefore question the current arrangements as proposed, and is the Labour party prepared to vote against them unless this railway is realigned—with a direct link to Heathrow or a direct link to HS1?

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

Labour is very clear that we will be supporting phase 2a that is before the House today, but we have called into question the way in which the Government are approaching the whole governance of the project. That is why we want to drive the project forward in a different way. I call on all hon. Members across the House to join us in the Lobby today to ensure that we get the right scrutiny over this project to drive it forward in the interests of their constituents, the public and the whole economy.

Members who attended the Westminster Hall debate last week will have heard the excellent speech of my right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne), who so eloquently set out the idea that we measure what we treasure. I heard the powerful case for the east midlands, where over 60,000 jobs—high-quality ones, at that—have already been created, and we know that this project will bring opportunities across the country.

I hear the same expectations from Andy Burnham, the Mayor of Greater Manchester; from Steve Rotheram, the Mayor of the Liverpool city region; from my hon. Friend the Member for Barnsley Central (Dan Jarvis), the Mayor of the Sheffield city region; and from Judith Blake, the leader of Leeds City Council. Not only will 30,000 jobs be developed across the project; hundreds of thousands will also result from investment across the north and the midlands, including in my home city of York. That in itself is a game-changer in tackling social mobility issues and rebalancing national inequality, and will draw investment into places that are in urgent need of regeneration. The issue is not whether HS2 is the right project, but the governance that surrounds its planning and construction.

As I have already said, Labour would integrate HS2 with the rest of our rail enhancement programme and integrate the northern sections of the route fully with the trans-Pennine connections, ensuring the connectivity, journey times and reliability that are so desperately needed. This is what we can achieve with one transformative, publicly run rail service, and it is also what we believe the Government can achieve if they are serious about delivering the rail system needed for the future of the country. We also believe that the environmental value of this project needs greater scrutiny.

15:29
Paul Sweeney Portrait Mr Sweeney
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My hon. Friend is making an excellent point about why we need to improve the governance and oversight of this project, to ensure that the maximum benefit is realised for the country. I am thinking of the supply chain benefits, particularly in my constituency, which was once a world leader in locomotive and railway manufacturing. We are just about to lose the last railway engineering works in my constituency because of a lack of coherent planning. There is a lack of capacity in the rolling stock overhaul business in this country, because of the failure to anticipate it. That is exactly the opportunity that this new clause presents, to ensure that we can respond better to changes in the market.

Rachael Maskell Portrait Rachael Maskell
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I thank my hon. Friend for his point. The jobs in his constituency are vital. Having met some of those workers, I know that many of them have tremendous skill and could participate in this project. I urge the Minister to look at that situation and ensure that the gates do not close and that those jobs can be saved and integrated into the HS2 project. I trust that she will want to meet my hon. Friend, to advance the case that he has been fighting so hard for.

John Redwood Portrait John Redwood
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Will the hon. Lady give way?

Rachael Maskell Portrait Rachael Maskell
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I will continue for a little bit, if I may.

HS2 provides a crucial opportunity to create a significant number of freight paths on the west coast main line, thus moving freight from road to rail, with additional capacity, which will attract more passengers to move from air to train and car to train, due to the attractive journey times. That is a crucial shift if we are to reduce our emissions, which are currently at 29% in the transport sector, and our carbon footprint. Of course, that means saving lives, from the poor air quality that so many people experience because of the use of poor fuels on the transport that many people use to get about our country.

Labour’s new clauses seek to address something that is vital to rebuilding public confidence in the project: a transformation in the way that the governance works. We truly believe that the Secretary of State has failed in his obligation to hold HS2 fully to account and certainly has not brought the level of transparency we would expect from a Secretary of State to such a major infrastructure project. He cannot and must not hide, as he is today.

Rachael Maskell Portrait Rachael Maskell
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Indeed. In the light of concerns expressed by Members from across the House, Labour’s new clauses 1 and 4 seek to drive greater transparency and accountability for the project.

John Redwood Portrait John Redwood
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Will the hon. Lady give way?

Rachael Maskell Portrait Rachael Maskell
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I will give way briefly, then I must move on.

John Redwood Portrait John Redwood
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Does the hon. Lady agree that early and rather more moderate expenditure on digital signalling could greatly increase capacity and, along with short sections of bypass track, could improve reliability of fast train services, which is needed?

Rachael Maskell Portrait Rachael Maskell
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I am honoured to have a centre for digital signalling in my constituency and have seen the power of it, but sadly, to achieve the capacity that we will need for the future, we have to build more routes. That is what this project will do. It is not either/or—both are required for the future of our rail network, but the right hon. Gentleman makes an important point.

First, we are calling on the Secretary of State to bring quarterly reports on the environmental impact, costs and progress of the HS2 project to the House. This is far too important a project for the Bill to be passed and then for us to read in the press that the costs have gone up and there are delays. The project must be far more accountable to the House, as should the Secretary of State.

Secondly, Labour believes that the scheduling, the integration, the engineering in places and the scope of the project need review. We cannot simply have HS2 Ltd saying, “This is what it is.” There are major issues to be resolved, not least the vital Yorkshire hub and getting the right connectivity into Sheffield. Members and community groups have undertaken detailed work on how improvements can be made to parts of the route, and that is one such example. Labour is calling for the whole of HS2, including phase 2a, to undergo a complete peer review appraisal by independent engineering and economic specialists. We believe that that is the only way that Parliament and the public can have full confidence in the HS2 project. Such a process will ensure that the scope is right, that the integration with the wider network is right, that governance is put right and that the maximum environmental gain is harvested while the cost of the project is minimised. It will not delay the project but enable it to proceed in a way that delivers maximum benefit.

Ensuring that the best modelling of the wider economic benefit is properly appraised is also urgently needed on this project, while at the same time proper security can clearly deliver a focus and confirm that north-south connectivity—and, I trust, east-west too—is really integrated to deliver and to ensure that we get maximum benefit from it. I trust that hon. Members on both sides of the House will support the new clauses, which would answer many of the questions that they have been asking and enhance the Bill and the project.

Michael Fabricant Portrait Michael Fabricant
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I just want to emphasise the question asked by my hon. Friend the Member for Stone (Sir William Cash). I understand the logic of what the hon. Lady says about peer review and so on, but supposing that says that the project must be done in a completely different way, for example using the original Arup route to which I referred earlier. That will not be possible if the Bill has become an Act. Surely she should oppose the Bill, have a peer review and then decide whether to support the legislation.

Rachael Maskell Portrait Rachael Maskell
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The hon. Gentleman appears not to want to see the line built in his lifetime, my lifetime or the lifetime of any current hon. Member. The reality is that we believe that the route needs tweaking, changing and integrating, but that does not mean ripping everything up. We will never be able to satisfy everyone, because in the history of the railway there has always been a farmhouse, a field or a golf course in the way. Indeed, 27 vintage trees will be in the way on this section, and we are very concerned about them.

It is important that we press ahead, but that we review the project—especially the governance. That is about the management that we proceed with.

Steve McCabe Portrait Steve McCabe (Birmingham, Selly Oak) (Lab)
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Would it not be right to think about my hon. Friend’s proposal in new clause 4 as an attempt to learn the lessons as we go along? It is not as though this is a project without review or evaluation. Already it has oversight from the Department for Transport, the Treasury, the Cabinet Office and the Infrastructure and Projects Authority, and it is subject to National Audit Office review. It is hardly as though people are completely deprived of information. What we need to do is pull together that information and learn clear lessons as we proceed.

Rachael Maskell Portrait Rachael Maskell
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My hon. Friend speaks eloquently and is right. We need to pool the information, including the scrutiny the House has put over the project and the external scrutiny, to ensure that we get the project right. That is what will build public confidence as we move forward.

Ivan Lewis Portrait Mr Ivan Lewis (Bury South) (Ind)
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My hon. Friend is doing an excellent job in making the case. Does she accept that the information that is available to the House through the various bodies and institutions that my hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe) mentioned is massively undermined by the number of non-disclosure agreements that have been applied to former members of staff of HS2? More than 270 NDAs prevent people from saying what they really believe about the capacity and costs of the scheme. What does she think about that in terms of transparency and openness?

Rachael Maskell Portrait Rachael Maskell
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I thank my hon. Friend for raising that point and I will return to it shortly.

Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
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Will the hon. Lady give way?

Rachael Maskell Portrait Rachael Maskell
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Not at this time—I am going to move on.

As raised in Committee, there is a major issue with compensation for those who rent. For example, a tenant farmer who works on the land may be moved and have to work away from their farm. People who rent privately consistently miss out when infrastructure projects force them out of their homes or away from their businesses. We believe that they must receive compensation. The issue was raised at the petition stage of the Bill and it would be right to respond today. The new clause would enable that to happen when the statutory instrument is laid.

Let me briefly move on to new clause 5. I am looking forward to the contribution from the hon. Member for Eddisbury (Antoinette Sandbach), and I confirm that Labour supports her new clause. There has been a lot of learning around non-disclosure agreements, as my hon. Friend the Member for Bury South (Mr Lewis) alluded to. I know from my time as a trade union official, and from my time on the working party on bullying and sexual misconduct procedures here, that these agreements are used to see that commercially sensitive information is not shared with external parties, but they are also used around failures of management, and bullying would be one such example.

If the culture is wrong, it is not right to put money into it, and the management should be held to account. My hon. Friend said that 270-plus non-disclosure agreements have been signed, so we need to ensure that there is proper scrutiny and transparency. New clause 5 addresses that issue very comprehensively, ensuring that commercial sensitivities are not undermined, and also that all of us can have a real grasp of what is happening in the culture of HS2. It is a sensible way of addressing the serious amount of money that is being spent on these agreements. We certainly believe that the culture in HS2 must move forward.

We will listen to the debate to decide how we handle the new clauses I have laid before the House. I hope the Minister will give us assurances on them, and I will be listening carefully to determine whether to proceed to a vote. With these enhancements to the Bill, the whole HS2 project could proceed with far greater confidence and far greater support.

William Cash Portrait Sir William Cash
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I made it clear in my remarks to the shadow Minister that I am minded to vote for these new clauses. However, towards the end of what she said, serious doubt began to descend on the House as to whether she would actually push them to a vote. She is therefore welcome to come back to the Dispatch Box to tell me whether she in fact intends to do so.

On new clause 1, it would be eminently sensible to have quarterly reports on environmental impact, costs and progress. One thing that has been completely lacking is any proper analysis by the Government or HS2 of all three of those issues.

Edward Leigh Portrait Sir Edward Leigh
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On the question of environmental impact, does my hon. Friend think that we were too obsessed by speed in the early years of this project? The Government now justify it on the basis of capacity, but there would still be much less environmentally damaging ways of increasing capacity—for instance, by laying more of the line along existing motorways such as the M40. Will my hon. Friend and other hon. Members also bear in mind counties not directly affected by the line, such as Lincolnshire, which are being starved of resources for our rural and commuter lines?

William Cash Portrait Sir William Cash
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I entirely concur with my right hon. Friend. The very fact that he is in the House, as are other Members who are not directly affected by the line, is a reminder of the fact that, on the last occasion the Bill was voted on—on Second Reading—the number of people who actually voted was very small compared with the number of people who could have voted, from which one might infer that the enthusiasm for this proposal is minimal. I think as many as 200 MPs did not vote, which was quite extraordinary.

On the question of environmental impact, I would simply say that my constituents will be deeply and profoundly affected not only by the havoc that will be created by forcing this juggernaut through my constituency from top to bottom, but by the dislocation, the highways and the impact on businesses. A quarterly report is, quite frankly, a very good idea, but I am more interested in getting an answer from the shadow Minister—it is not forthcoming at the moment—because there is no point in putting forward the proposals if they will not see the light of day in a vote.

17:00
Cost is another issue of monumental importance. I do not need to go into it all now—I made my case in a nutshell in the Westminster Hall debate I secured on this issue—but I would be grateful if the Minister could give us a clearer indication on cost, to unravel the mysteries of the continuous failure to be able to give an accurate idea as to what the project will actually involve.
Jeremy Lefroy Portrait Jeremy Lefroy (Stafford) (Con)
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We started off with a figure of about £35 billion or £36 billion. The latest figure is somewhere around £55 billion. My hon. Friend and I have seen credible estimates upwards of £80 billion. Should the House not know what it is actually voting for tonight? How much will it be?

William Cash Portrait Sir William Cash
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I absolutely agree with my hon. Friend—a real friend, quite apart from being an hon. Friend—and I would add that we only have to look at clause 61 to realise the financial implications and how costs will be dealt with. There is talk about the overall cost being about £51 billion—there has been an upgrade in the amount of money intended to be applied to this part of the proposal. We cannot separate out the cost of distance between London and Birmingham, and then leave out Birmingham to the ultimate destination. The reality is that we are faced with a proposal under the Bill that is excessive in its totality and unjustified in the unbelievable havoc it will cause my constituents.

The other point I would make on new clause 2 relates to the compensation scheme for tenants, an idea I put forward on a number of occasions. There is no doubt that a huge number of people will be adversely affected by the scheduled works. It is not just tenants who will be affected but property owners. They will be severely damaged. Many of my constituents have been put under the most incredible stress and anxiety. There have been suggestions that some people, elderly people in particular, have been under such intense stress that they have died prematurely.

Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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There are some unusual cases in my constituency. There are a number of people with canal boats who pay for moorings. They are very hard to locate, and they will get no compensation. There are those with farm tenancies that give them security in their home, which is very difficult to replicate under the Agricultural Holdings Act 1986. Those are the kinds of tenants who need to be compensated, are they not?

William Cash Portrait Sir William Cash
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They certainly are, and there are also freehold properties. People who own property, as I have just described, are being put under the most intense anxiety, so I understand the reasons that lie behind the principle of new clause 2.

On new clause 4, I made my point in my intervention on the shadow Minister. I simply cannot understand it. Notwithstanding the intention that appears to be behind the first part the new clause—I am grateful to my hon. Friend the Member for Lichfield (Michael Fabricant) for backing me up on this—it is inconceivable that the report should only come into effect within 12 months of the Act receiving Royal Assent. It is nonsense. I ask the hon. Member for York Central (Rachael Maskell) to note that although I shall vote for the principle of an independent peer review, it will be on the strict understanding that that is without prejudice to my concern that the Act will need to be repealed.

I make this point now and may do so again on Third Reading: we are about to experience a new Government, effectively, with a new Prime Minister, depending on the outcome of the leadership election. The two contenders for the leadership have differing views on HS2: one is in favour and the other says that he wants to put it under review. Although rumours are like bats that fly in the night, the fact is that there are very strong feelings in favour of abandoning this entire project. We understand that it has already cost about £5 billion or £6 billion. That is enough money in itself, but to subject this country to unbelievable havoc as the project goes through constituencies such as mine, with all the attendant problems and anxieties that I have described, and to say, at the same time, that the proposal will go through and that the Labour party, by all accounts, will vote for it seems to be completely at variance with all the evidence and reports—I referred to them in the Westminster Hall debate and on many other occasions—which indicate that this is not a viable project. It was dreamt up by a Labour peer. I am never quite sure what the noble Lord Adonis’s allegiance is these days, but he was certainly a Labour member of the Government when this was proposed, and he deserves to be thoroughly condemned for it.

John Redwood Portrait John Redwood
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Did my hon. Friend notice that while Labour says that it wants a 12-month review of fairly fundamental things, it made it very clear that it does not want any material changes to the project that might delay it? I do not really see what the point of the review is.

William Cash Portrait Sir William Cash
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The hon. Member for York Central is smiling as she looks across the Chamber—[Interruption.] She says that it is unbelievable, but it is anything but unbelievable—it is entirely true and entirely credible. My hon. Friend the Member for Lichfield backed me up on this. What is the point in having a first-class, independent review of the kind that is being advocated and saying that it will come into effect only after this has been made into the law of the land? [Interruption.] I see the Opposition Front Bencher, the hon. Member for Middlesbrough (Andy McDonald), chuntering, but perhaps he would like to come to the Dispatch Box and explain the nonsense that lies behind that reasoning.

Jim McMahon Portrait Jim McMahon (Oldham West and Royton) (Lab/Co-op)
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Does the hon. Gentleman not accept that this is just good governance? If we are spending this amount of taxpayers’ money, we have to have decent oversight to make sure that the money is being used to the best effect. That should perhaps have been built into the process earlier, but the fact is that it is being brought forward at this stage. Presumably that is why he supports it, but let us be honest: whatever is introduced, he will never support this project, which I do strongly, because this is about not just rebalancing the UK economy but connecting the north to great opportunities across the whole of mainland Europe.

William Cash Portrait Sir William Cash
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The hon. Gentleman is completely right to say that I will never accept this project. I have made that abundantly clear not only by my votes, but by the arguments that I have presented. I come back to this point: we cannot say that there is transparency if this is turned into the law of the land. It is one of the most nonsensical new clauses that I have seen, notwithstanding the fact that I strongly believe that an independent peer review would be a good idea. However, it should come before Royal Assent, not after.

Michael Fabricant Portrait Michael Fabricant
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My hon. Friend is making complete sense. He mentioned Lord Adonis earlier. Is my hon. Friend aware that the original plan for HS2, designed by Arup, would have gone up the M40 and connected with Heathrow, as my right hon. Friend the Member for North Shropshire (Mr Paterson) said, and it would have connected with HS1 not by linking in the south at great expense, as the hon. Member for York Central (Rachael Maskell) suggested, but by going directly through St Pancras?

William Cash Portrait Sir William Cash
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That all sounds frightfully interesting, but I am afraid that it is not what we are dealing with. We have this Bill and a project that is the biggest white elephant that has ever been seen in modern history, as far as the United Kingdom rail system is concerned. It is a complete outrage that my constituents should have this perpetrated on them.

I am serious when I say that I shall be campaigning not only for a review of these proposals but in pretty short order to have the Act repealed, because that is the only way this can be sorted out. It is a complete disgrace that the Government have introduced the Bill in the dying days of this Government. [Interruption.] The hon. Member for Crewe and Nantwich (Laura Smith) is laughing because she knows I am right. These proposals almost certainly would not survive the review that will be taking place under a new Prime Minister. I am making a fair assumption about who that person will be.

William Cash Portrait Sir William Cash
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I will give way again to this extremely energetic Member of Parliament.

Jim McMahon Portrait Jim McMahon
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I can assure the hon. Gentleman that I do not feel energetic. Is it not the case, though, that the zero-based review, which the Chief Secretary to the Treasury proposed, is not a genuine review of the project but is about creating a war chest to buy the support of Conservative shire candidates? It has nothing to do with HS2; it is about clawing back the money for a fighting fund.

William Cash Portrait Sir William Cash
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The hon. Gentleman has very sensibly tempted me into saying something else that I believe. I am completely against these proposals in relation to my constituents and the national interest—it is the biggest white elephant of all time, as all the reports I referred to in my Westminster Hall debate demonstrated. There have been even more since, including one from the Infrastructure and Projects Authority, which rated the whole thing as amber—although in fact it probably thinks it is in the red. If only, it said, we could get rid of this ridiculous proposal and put the money where it deserves to go, which is across the country, east to west, which I happen to agree with very strongly. On that point, I had some sympathy with what the shadow Minister said.

There is another factor. This incredible waste of money could make an enormous difference to this country’s coffers in the not very distant future. It seems absurd to be wasting money like this. We hear all these ridiculous arguments about Brexit, but this is the kind of thing that is bringing the country to its knees by virtue of wasted expenditure on projects that are no more than a white elephant.

Laura Smith Portrait Laura Smith
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It is a pleasure to follow the hon. Member for Stone (Sir William Cash). We disagree on almost everything, but I do sympathise massively with people’s concerns about their property and will always support them as their constituency MP.

This is a significant Bill of vital importance to our future prosperity and a key feature of any strategy to build a more balanced economy. My contribution to this debate will outline the reasons why I believe we must support the Bill and also the vision that underpins HS2. Without that strategic outlook, we risk losing the bigger picture to narrow debates about direct benefits such as commute times or becoming distracted by false choices, such as whether to spend on HS2 or northern powerhouse rail.

Of course, it is important that any publicly funded project be wholly transparent and subject to proper scrutiny. Let me begin with my own constituency of Crewe and Nantwich. It goes without saying that Crewe is famous for being a railway town. In fact, it has been suggested that Crewe was actually named after the railway station, rather than the other way round. Before the Grand Junction Railway company chose Crewe as the site for its railway station and works, Crewe was reportedly a tiny village with as few as 70 residents. That was until our current station was completed in 1837. About a decade later Crewe Works was producing one locomotive a week. Our communities flourished around the works and ours is now widely recognised as one of the most historically significant railway stations in the world.

William Cash Portrait Sir William Cash
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The hon. Lady might anticipate what I am about to say. The proposals put the railhead down at Yarnfield, which itself is an absolute and total disgrace. It was originally going to be in her constituency. She has just been rightly praising the people of her constituency for their wonderful work over the last century and a half. Would it not have been so much better had the proposal been to put the railhead in Crewe, as was originally intended, and not down in Yarnfield, where it will destroy so much of my constituency?

Laura Smith Portrait Laura Smith
- Hansard - - - Excerpts

I personally believe that the hon. Gentleman needs to look at the benefits of HS2 for people in his constituency, such as the jobs that it will bring. I do not think that it is all doom and gloom for his constituents, and I will continue to speak positively about my own constituency.

17:15
The railway went on to open a cheese market and a clothing factory, and donated the land that would become Queens Park, which to this day attracts visitors from outside the town. At its height, Crewe Works provided employment for more than 20,000 skilled workers in a vast span of workshops stretching for nearly two and a half miles: forges, carpenters, boilermakers, machinists and apprentices. It was common for several generations of the same family to enjoy fruitful careers there, and the sense of pride in our works is still felt today.
By 2019, the workforce had fallen to fewer than 400, a fraction of its former size, and much of the former site has now been sold off. In its place stand icons of the modern economy, a supermarket and a cinema. Now the wall on its western boundary has been selected for demolition. For many local people, that will be a visual metaphor for the sense of loss and decline that has afflicted too many families.
However, it is not all bad. The railway still plays an important role in our local economy. Now owned by Bombardier, Crewe Works still offers quality employment opportunities to local people. Crewe is also home to Bentley Motors, a global success story providing thousands of skilled jobs. In addition to the large employers, we have many small and medium-sized businesses that are punching well above their weight, and a number of them are already benefiting from HS2.
I am not one for looking back on a fictional past through rose-tinted glasses. Change—for the better—is not only welcome, but must be pursued. It is in all our interests for the UK economy to produce the goods that people need and want. Nevertheless, the narrative really does matter, and the way in which our economy has changed has not benefited everyone. Decades of inaction by successive Governments have left the north to the mercy of market forces, and those forces have themselves been turbo-charged by aggressive globalisation. Many northern towns and cities are still struggling to recover from the industrial decline of the 1970s and 1980s, and the north-south divide threatens to hold back our national productivity.
The median wage in Crewe and Nantwich is literally thousands of pounds less per year than the UK average, despite the existence of well-paid jobs such as those that I mentioned earlier, which will be pushing up the average. Many workers in my constituency have seen little or no improvement in their living standards over the last decade, and some have even seen their living standards fall dramatically. Relatively high employment levels mask the reality of an increasing number of people finding themselves in precarious jobs, or working for poverty pay in low-productivity employment. As a result, more people in poverty now live in working households than in non-working households, after housing costs are taken into account. Consequently, our economy has become reliant on household debt, which has grown to worrying levels.
We have been told that inequality was the inevitable price of economic growth, but such arguments are now outdated, and a body of research now finds that economies in which income and wealth are shared more equally tend to have more stable paths of economic growth. If we are to build an economy that prioritises both sustainable growth and economic justice, addressing regional inequality must be part of that strategy.
Lindsay Hoyle Portrait Mr Deputy Speaker (Sir Lindsay Hoyle)
- Hansard - - - Excerpts

Order. What the hon. Lady is saying is important, and I presume that she will be linking her remarks to the new clauses.

Laura Smith Portrait Laura Smith
- Hansard - - - Excerpts

My speech is all about the way in which HS2 will help to deal with these matters, but I will speed it up, Mr Deputy Speaker. My apologies.

I am not for one moment suggesting that HS2 will solve all these problems alone, but it can and must play an important role as part of a wider strategy. As I said on Second Reading:

“My vision for HS2 is not as an end in itself, benefiting only businesses and commuters, but as a catalyst for the radical rebalancing of our economy”.—[Official Report, 30 January 2018; Vol. 635, c. 741-42.]

I firmly believe that we need to shift our economy towards investment-led growth. The choice that has been presented between HS2 and better east-west links in the north is an entirely false one. In any case, Northern Powerhouse Rail services will, at two of their most important regional links, run on HS2 infrastructure.

Some businesses choose to pay almost four times as much per square foot for premises in London and the south because of the poor connectivity in the north. Last year, a report by the Institute for Public Policy Research North indicated that planned transport investment in London was two and a half times higher per person than in the north of England, and productivity in London is reported to be some 40% greater than in the north, demonstrating a strong correlation between connectivity and productivity. In its recent report, High Speed Rail Industry Leaders set out why it believes that improved connectivity will lead to greater regional productivity, and enhanced specialisation that will help us to bring about a more balanced economy.

Jim McMahon Portrait Jim McMahon (Oldham West and Royton) (Lab/Co-op)
- Hansard - - - Excerpts

My hon. Friend makes the case eloquently for her constituency. This independent review is so important because it is not about the pounds being spent globally; it is about the impact on jobs and local communities, economies and supply chains.

Laura Smith Portrait Laura Smith
- Hansard - - - Excerpts

Absolutely. The review is incredibly important. What does the review mean for places like Crewe? Crewe has the potential to build on the 360° connectivity it already has to become the key regional hub bridging the north and the midlands. The local enterprise partnership is working alongside Cheshire East Council on a proposal for a Crewe HS2 growth corridor that will bring together strategic development sites in Crewe, Middlewich and Winsford, so that they can build on their traditional strengths in high-value manufacturing. As for the model through which the LEP proposes delivering that corridor, it will invest up front to unlock development, and will be repaid through the generation of new business rates. Any surplus income will be used to help finance station improvements.

I am coming to the end of my speech, Mr Deputy Speaker; I get the impression that I might have pushed my luck a little, but I am still fairly new to this process, so please excuse me. I reiterate that the passing of this Bill is not nearly enough to unlock my constituency’s full potential. I would like the Government to commit to seven HS2 trains per hour stopping at Crewe, and more frequent regional train services to and from Crewe on each of the lines radiating out of the town. A northern junction at Crewe is essential to allow Birmingham-Manchester HS2 services to stop at Crewe, and to allow Crewe to be part of the Northern Powerhouse Rail network, which would open up the possibility of direct service to Leeds and other destinations east of the Pennines.

I am concerned that some appear to be flirting with the idea of scaling back HS2, either through short-sightedness or, worse, for political gain. HS2 has shaped our local planning framework, and so much work has gone into bringing all stakeholders together to realise the potential of HS2 in Crewe that it would be nothing short of tragic if the Government failed to deliver.

Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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It is always interesting to follow the hon. Lady, who is my neighbour. She extols the virtues of HS2, but it is not her constituents but mine who will feel an impact. The rolling stock depot and the northern Crewe junction that she speaks of are not in Crewe; they are in Eddisbury. Largely owing to the extremely hard work of her Conservative predecessor, Edward Timpson, who argued for a tunnel under Crewe, a massive amount of the local impact will not be felt in Crewe. Perhaps the hon. Lady ought to spare a thought for constituents whose homes and lives are being destroyed.

Laura Smith Portrait Laura Smith
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I absolutely agree. Constituents and businesses have come to me, as they have done to the hon. Lady, and we have dealt with them. I also agree with her new clause. I am not saying that what is happening is simple, and I have every sympathy for everybody affected, but I am looking at what benefit can come to Crewe and Nantwich, and the whole area, because of HS2. Without doubt, this is a huge project, and there will be winners and losers, but I think the positives outweigh the negatives.

Antoinette Sandbach Portrait Antoinette Sandbach
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Sadly for Eddisbury, the number of losers there is very large. It will cost an extra £100 million just to do the extra 20 km of track from Crewe past Winsford. The geotechnical engineer’s report that was served on HS2 many years ago has not yet been answered. I would much rather see that money going into improving public services and housing stock in my area.

New clause 5 seeks to restrict use of non-disclosure agreements by HS2. The reason that I tabled it is that a business in my constituency has been asked to sign a non-disclosure agreement, and it potentially affects the jobs of 166 of my constituents. I do not think it right that Members of Parliament are being denied information that is being stitched up by HS2. This relates not only to private businesses but to councils, in relation to denying elected members information. That is why the new clause is necessary.

Scarcely a day passes without a discussion on non-disclosure agreements. Last week, there was a discussion on NDAs in relation to the Labour party, but we have also seen questions about their use by businessmen and others to keep former employees and others quiet about information or personal conduct within a company. I am grateful to my hon. Friend the Member for Stirling (Stephen Kerr), who sits with me on the Business, Energy and Industrial Strategy Committee, for his work on the all-party parliamentary group on whistleblowing. The group has today launched a report calling for reforms to the Public Interest Disclosure Act 1998. What concerns me most is that HS2 appears to be stepping up its use of NDAs. Last Wednesday, the hon. Member for Bury South (Mr Lewis) described HS2 as having signed more than 270 NDAs, and the New Civil Engineer reports that the figure could be as high as 280, with 40% of them having been signed in the last year.

Ivan Lewis Portrait Mr Ivan Lewis
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Last week, the hon. Lady’s party rightly called for Labour to do something about non-disclosure agreements in relation to staff employed in the Labour party. Does she agree that, to be consistent, Ministers should instruct HS2 to release people from their obligations under non-disclosure agreements so that they can share with the House the truth about their experience of the capacity and cost issues when they were working for the organisation? Her new clause deals with the future, but does she agree that it should be able to deal with the past, too?

Antoinette Sandbach Portrait Antoinette Sandbach
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I am grateful to the hon. Gentleman for raising that point. He will see from the drafting of my new clause that it would allow an assessor to assess NDAs that have already been signed, and to allow them to be retained only in circumstances of exceptional commercial confidentiality. I would argue that that is the only ground for retaining them, and that an independent assessor—either a QC or a former High Court judge—should be appointed to assess those NDAs.

John Redwood Portrait John Redwood
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Could my hon. Friend give us some idea of what kind of information she thinks might be suppressed that we ought to know about? What is the inducement being offered to make people sign these things?

Antoinette Sandbach Portrait Antoinette Sandbach
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So far, HS2 has refused to answer freedom of information requests. It claims, in answers given to me as a result of FOI requests, that it is unable to provide answers because it does not know how many NDAs its lawyers have got people to sign and because it would cost too much to provide a Member of Parliament with details of the number of NDAs.

Ivan Lewis Portrait Mr Lewis
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Is it not true that a number of former senior HS2 employees who have expressed concerns about financial information provided to the House and other appropriate oversight bodies were soon asked to leave the organisation on the basis of non-disclosure? Does the hon. Lady agree that that is incredibly serious, which is why Ministers should instruct that those people be released from those non-disclosure obligations as soon as possible?

17:30
Antoinette Sandbach Portrait Antoinette Sandbach
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I completely agree. I am worried that NDAs are used to cover up wrongdoing in HS2, particularly in relation to redundancy payments, which have been discovered by the National Audit Office, and it has been agreed that the scheme was inappropriate. The difficulty is that without such provision being included in the legislation, that statutory protection is not available to those who wish to blow the whistle or otherwise highlight failures.

NDAs are also used for local authorities. I know that, because it applies to my own local authority. In answer to a written question, my hon. Friend the Member for Wealden (Ms Ghani), the HS2 Minister, reported that 31 local councils have an NDA in place with HS2, including Cheshire West and Chester, and Cheshire East Councils, which cover my constituency. Apparently, they are required to discuss advanced planning issues and matters of a commercially sensitive nature. However, the councils also sit on the implementation advisory group which feeds back to my community what HS2 plans to do in my area. Matters that go beyond planning and commercially sensitive information are being withheld on the basis of those NDAs signed with HS2, denying me as the Member of Parliament the ability to quiz HS2 on what it plans to do in the area. How, for example, will road movements be affected, and how will that affect my industrial estate? How is the public interest served by those NDAs, which limit the information that councils can give to my constituents?

Owen Paterson Portrait Mr Paterson
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I am grateful to my hon. Friend and neighbour for giving way. I am shocked by what she has revealed. Does she have any idea what is driving those NDAs, and how long are they valid for? What is the intention behind this?

Antoinette Sandbach Portrait Antoinette Sandbach
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I have asked for details, and for a copy of an NDA but, again, there was a refusal to disclose that to me. The claim is that that is exempt from disclosure, because it is commercially sensitive information, but I am afraid that I simply do not agree that all those NDAs are required just for commercially sensitive information. As I said, 40% have been signed in the past 12 months, and I am concerned that they are used to withhold from the public and from elected representatives information that the organisation may not wish to go into the public domain.

Owen Paterson Portrait Mr Paterson
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How long are they valid for?

Antoinette Sandbach Portrait Antoinette Sandbach
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I do not know, but presumably for the length of the project.

That has an impact on Members representing constituencies on phase 2b of the route, because we cannot get information from HS2 about how it will impact our constituents. Any Member of the House who has had dealings with HS2 knows that it has an approach to secrecy unparalleled since the cold war. If our councils are prohibited from telling us details of their discussions, we struggle to assess local impacts. Clearly, there is a problem. My new clause tries to steer a path between an outright ban and the current approach of issuing NDAs as a matter of course. It tries to operate within boundaries already established for HS2 best practice and it gives discretion where necessary while erring on the side of transparency and the public interest.

HS2 already has a residents commissioner and a construction commissioner who, together, act as impartial monitors of HS2 and offer advice to those affected by the scheme, be they residents, businesses or other groups. My amendment would add an assessor, who would be a QC or a High Court judge. This individual—appointed by the National Audit Office, Parliament’s spending watchdog—would be required to approve as in the public interest any future NDAs that HS2 seeks to enter. The assessor would also have the power to review all previous NDAs and assess whether they, too, are in the public interest. If the assessor judges an existing NDA to be not in the public interest, it would cease to have effect.

My amendment would unshackle whistleblowers and elected officials to discuss HS2 freely and honestly. If, after any revelations emerge, Members wished to continue with the scheme, they would at least make that decision on the basis of the facts, and not the partial picture we see today.

I make no secret of my approach to HS2, but my amendment should appeal to everyone, whether or not they support the project. Those who see HS2 as a grand success should want to see it shouted from the rooftops, not swaddled in secrecy; and those of us who believe the costs will continue to spiral until the game is not worth the candle would be able to see for ourselves the full costs involved.

Cheryl Gillan Portrait Dame Cheryl Gillan (Chesham and Amersham) (Con)
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As my hon. Friend knows, I take a personal interest in this matter. I am sorry that I have not been here for the debate, but my parliamentary duties elsewhere have prevented me from being in the Chamber to support her. Does she agree that the precedent for this secrecy on HS2 was set when it was revealed that the main reports on the project were going to be kept not only from the public but from this House, when the then Secretary of State for Transport refused to publish the reports from the Major Projects Authority? That, in itself, was very damaging. By setting that bar for secrecy, and through the NDAs, the largest infrastructure project in Europe continues to be concealed from Members of this House and from the public.

Antoinette Sandbach Portrait Antoinette Sandbach
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I completely agree with my right hon. Friend, which is why I tabled new clause 5. NDAs should not be used to shut people up and prevent them from saying what is happening inside the organisation. Not only that, but NDAs are being used to deprive elected Members of this House and other officials of important information about some of the impacts and problems, which we should be scrutinising.

Jim McMahon Portrait Jim McMahon
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I absolutely respect that the hon. Lady is giving voice to her constituents, but she has been fairly negative so far. Can she think of one positive that HS2 will bring?

Antoinette Sandbach Portrait Antoinette Sandbach
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I am glad to be giving voice, because I sound a bit croaky—I am losing my voice.

I agree that there are potential benefits, but the question is whether those benefits are worth the cost and whether the business case stacks up. I would much rather see the east-west Northern Powerhouse Rail connection happen as a priority.

When a rolling stock depot is moved from another constituency to mine and put next to a school, thereby requiring the whole school to move, there seems to be either a level of incompetence or staggering complacency in the management of the project. I have been at events where my constituents have asked questions and not received answers.

There have been ministerial orders to provide mock-ups of the rolling stock depot so that we can understand the scale and impact, and HS2 has just ignored them and said that it will not provide the mock-ups. Then there has been a change of Minister, who has taken a different approach.

My concern is that, unless this protection is in the legislation, we will potentially see a change of Secretary of State, and that we will then not have the protections in relation to this kind of infrastructure project that all our constituents deserve.

Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
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I rise briefly to support new clause 4 and the call for a full peer review of this project. I will also call for the review to go wider, particularly to look at the geographical impact of the HS2 investment and the impact on cities and towns. I raise this because, like most Members of this House, I strongly support the need for substantial investment in our transport infrastructure. I think it needs to increase; we should be spending more capital investment on transport, particularly on our railways, especially given the climate change challenges we face.

The more we look, however, at the current Government’s transport infrastructure budget, the more doubts we should have about the continued focus on cities, rather than towns, and about the continued concentration of the capital budget on cities, rather than towns. HS2 and its plans raise those serious questions, which is why serious issues need to be reviewed about whether or not HS2 is the right priority now, given the need for investment in our towns. According to the National Infrastructure Commission, the Government propose to spend £4.5 billion a year on HS2 between now and 2025, but only £200 million a year on Northern Powerhouse Rail. We must bear in mind that Northern Powerhouse Rail is also predominantly focused on cities.

I want to set out the impact on my constituency, but the towns there could reflect many across the country. It is not clear that HS2 will have any benefit for Normanton, although Ministers say that it will mean faster trains to Leeds. Normanton used to be at the heart of the rail network. We used to have 700 jobs on the railways alone in Normanton and 700,000 passengers used to go through it. Normanton used to be a central railway town, but now there is only one train an hour to Leeds, even though it is less than half an hour away. Therefore, any benefits from speeding up journey times for anyone in my constituency just disappear, because the connections into Leeds are so rubbish. From Castleford, Pontefract and Knottingley, there are a few more trains, but they are often cancelled or late, or there are just too few carriages and so people cannot get on.

After the May timetable changes, things got worse. One constituent told me that on his regular trains the seating capacity was reduced by between 58 and 130 seats, making it impossible for many passengers to get on, so they were just stuck on the platform. Some trains currently run to London from Pontefract Monkhill, but it has no disabled access. So I have had constituents with wheelchairs who have been stranded on the platform as a result or who, in one case, have had to crawl over the bridge. Yet there is no sign of the investment in our station just to get basic disabled access. This is the capital investment we need in our towns.

We are told in other parts of our area that the regular trains cannot go any faster because the lines need upgrading, but there is no sign of it ever happening. Time and again we are told that HS2 will mean better connections for our country and for our towns, but we never see it—we never see any credible plan. My hon. Friend the Member for York Central (Rachael Maskell), who spoke from the Front Bench, has rightly talked about boosting the connectivity between Manchester, Leeds and Sheffield. I strongly support that, because I believe that it will hugely benefit the north. Indeed, I think the House of Lords report was right when it said that investment in improving the rail links in the north of England would deliver greater economic benefit for every pound than HS2 would.

Having those connections between our northern cities would be substantial, but the economic benefits from better connecting our northern towns with neighbouring cities would be huge. That would boost our towns; give employers in our towns and our cities a far bigger catchment area, for staff and for customers; and build the size of local markets. Those town connections should be done first, before any of this, but we do not see it ever happening. We do not see it ever coming. As a result, we do not believe it is ever going to come. We get all these promises from these massive national infrastructure projects, which always concentrate on our cities, but we do not believe this is ever going to benefit our towns.

17:45
Mike Amesbury Portrait Mike Amesbury
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In 2017, Northern rail should have been delivering two trains an hour from Northwich to Manchester on the mid-Cheshire line; it is still not doing that. When we hear of HS2’s costs spiralling from £57 billion up to even £106 billion, people look at the northern powerhouse slogan as a real damp squib.

Lindsay Hoyle Portrait Mr Deputy Speaker (Sir Lindsay Hoyle)
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Order. I am just a little worried: we are obviously talking about new clauses to the Bill, and as much as we have all suffered with Northern rail, I want to try to keep the debate where it should be.

Yvette Cooper Portrait Yvette Cooper
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Mr Deputy Speaker is completely right: we could go on for a very long time about the problems with Northern rail. My hon. Friend is also right. The review in new clause 4 should focus on the geographic impact and the impact for towns, because time and again we just see our town services go backwards and our chances of getting any capital investment in towns disappear, while the Government always talk about these huge billions of pounds going into connections for the cities. The compact between different parts of the country, particularly between our cities and towns, has now broken. I do not think anybody quite recognises the seriousness of that. This debate about HS2 is carrying on while we ignore that serious and growing divide.

Cheryl Gillan Portrait Dame Cheryl Gillan
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Does the right hon. Lady agree that the Department for Transport needs to update its national rail travel overview survey report, on which so much of its planning is dependent? It has not been updated since 2010. I received a written answer that said the Government are

“currently considering updating the National Rail Travel Survey”.

Does the right hon. Lady think that that needs to be done as a matter of urgency, so that the survey reflects the exact points she is making?

Yvette Cooper Portrait Yvette Cooper
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If there has simply been no updated assessment, that might explain why so many of my constituents get stuck on platforms in Leeds, trying to get back to Castleford, or on platforms in Castleford, trying to get into Leeds. So many more people are commuting for work, yet the commuter infrastructure for them is just not there. It is continually our towns that are being let down.

John Redwood Portrait John Redwood
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Will the right hon. Lady give way?

Yvette Cooper Portrait Yvette Cooper
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I am conscious of the time and see Mr Deputy Speaker looking at me, so I shall give way only briefly.

John Redwood Portrait John Redwood
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How would a review help, given that the right hon. Lady’s Front-Bench colleagues and the current Government are united behind the current scheme, which does nothing to help our towns?

Yvette Cooper Portrait Yvette Cooper
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Nobody has done a proper assessment of where transport infrastructure investment is going and what the impact is on cities and towns. Some assessment has been made of the impact on different regions of the country, and that is important. Actually, it is significant, because I think the New Economics Foundation cites HS2’s own figures showing that 40% of the benefits from HS2 will go to London, whereas only 10% of the benefits will go to Yorkshire. I want to see a broader assessment of the impact on cities and towns.

Job growth is twice as fast in cities as in towns. New digital jobs, service jobs, university-related jobs and cultural jobs are all being concentrated in cities, but manufacturing, distribution and retail jobs are disappearing from towns. That is a result of automation or changes to our economy, but public sector investment decisions, including on transport priorities, are making that worse. Public services are shrinking back from towns into cities, and the new infrastructure investment is always concentrated on cities rather than towns.

Yvette Cooper Portrait Yvette Cooper
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I will give way, even though I said that the previous time was the last.

Jim McMahon Portrait Jim McMahon
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I took the hint from Mr Deputy Speaker that he was relaxed about interventions.

I thank my right hon. Friend for her work to give a voice to towns, which is important. Does she accept that the capital focus of HS2 is one thing, but it is revenue spend that has massively affected towns? In Greater Manchester, we have lost 30 million bus miles because of central Government revenue cuts. One thing we could do today is reinvest the revenue that has been lost.

Yvette Cooper Portrait Yvette Cooper
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My hon. Friend is exactly right. Certainly, for bus services, which are crucial for our towns, the loss of revenue has been particularly crucial and devastating. This debate is about towns getting their fair share of both revenue and capital investment. Currently, I do not think we are getting either.

The campaign to power up the north led by some of our regional newspapers is immensely important, and I strongly back it, but I also think that it is time to power up our towns, as they have immense potential and are not getting their fair share of investment. Time and again, whether through HS2 or Crossrail 2, too much money—the big billions—is still going into the cities rather than the towns. That is why I support this review, but ask for it to be broadened.

I urge the Minister to broaden it as well, because the truth is that Members from our towns have been respectful, we have asked sensible questions, we have been patient, and we have waited and waited and, frankly, we have got nothing. We see no sign of anything improving for our transport infrastructure. We see no sign of anything other than warm words about promises in the future. We need that review of the geographic benefits and we need a proper towns plan—a proper plan for major infrastructure investment. Until we have that, the Government’s transport infrastructure plan is simply not in the national interest.

John Redwood Portrait John Redwood
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My worry about the Labour new clauses is that they will not achieve the objective that Labour seems to think they will achieve. The truth is that, with the legislation already in place and the likely passage this evening of the High Speed Rail (West Midlands - Crewe) Bill, all the legal powers are there to proceed with the scheme as originally designed. As the contracts are settled, the scope for any fundamental changes arising from a review is either limited or non-existent. As the project develops, there is less and less scope to make any changes to it.

I speak as someone who, when we were first faced with the decision about HS2, decided that it was not the right project. I fully share the ambition of practically everybody in this House that we need an even more successful northern powerhouse and better transport and connectivity throughout those northern cities and towns. As someone who represents a very fast-growing and hard-pressed area of the country, just outside London, I would love to see an even more effective counter-magnet to London elsewhere in the country to pick up some of that growth and some of that prosperity, because we have the difficulties of managing so many people coming in and so many people moving around on transport systems that are woefully inadequate for the task. I share the ambition for the northern powerhouse, but I accept that a decision has already been made in principle, that a lot of money has now been committed and that various works have been undertaken in the name of the project, so it would become more and more difficult to make fundamental change or to think about cancellation.

As it happens, I think that there will be another decision taken quite shortly about this mighty project, because the very likely next Prime Minister has said that he wishes to review it and to think about it again, and I wish him every success with that. It would be a very difficult task, and it would need to be done with reasonable speed. Given that we have committed so much and that there is some reasonable merit in the project, he may conclude that he wishes to go on with it. If he were to make a more fundamental decision, all that we are talking about this afternoon in this House is a waste of time, because, clearly, the project will be cancelled and everything else will lapse.

I work on the assumption that, after review, the new Prime Minister may continue with the project, and that we are in the business of trying to mitigate the difficulties and damages. My colleagues who represent constituencies who are very badly affected by this project deserve special treatment over how it can be ameliorated and improved and how compensation can be paid and businesses dealt with.

Certainly, we need transparency. I am very grateful to my hon. Friend the Member for Eddisbury (Antoinette Sandbach) for raising the issue. I want to hear from the Minister about what is going to be done on transparency, so that those who are most adversely affected, should the project go ahead in full, are able to see why the decisions are being made and also have access to the information that they need to get proper compensation.

I myself will not be voting for the Labour amendments, because they simply do not bring any advantage either to those who support the project in full or those who have the problems of handling the disadvantages of the project in their constituencies. I do not see how a further review suddenly will make this a better run project. If the project goes forward, this Minister and any future Minister will have to deal with how the costs will be controlled, how the works will be carried out in a speedy manner and to a high quality with safe standards for the workforce, and how the impact of those works can be minimised on those most affected by them as they go ahead. These remain continuing management problems. An additional independent review is not going to solve any of that. We are now getting to the point where it needs individual management solutions. It is about managers on the ground, how contracts are handled on the ground, and the extent to which Ministers can and should have proper oversight of those contracts, given their commercial nature and given the technical expertise of those actually running the project.

I do not see how an independent review can help at all. I do not believe that any serious change could result from it, because the contracts will be let, and we will be told that the contractors have to get on with it. There does remain the issue of whether a new Prime Minister wishes to reopen the whole question, but assuming that he does not we will need proper answers from Ministers about what action they have taken to control the costs, improve the quality and deal with safety, and about how much power they will have in future, given the commercial nature of the operation.

Jeremy Lefroy Portrait Jeremy Lefroy
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I am generally very supportive of additional high-speed capacity between London, the north-east, the north-west and Scotland, but I have consistently opposed HS2 and the plans for it because this is not the right way to go about it. It is not a question of whether or not my constituency is affected; I would be happy to see a sensible route through my constituency. I and my hon. Friend the Member for Stone (Sir William Cash) were quite happy to see the very large Norton Bridge junction project in our constituencies, because although it caused quite a lot of disruption, we could see the benefit for the west coast main line—for improving capacity and for increasing speeds to the benefit of everybody. He and I and other colleagues do not see such benefits from HS2 as a whole. However, I personally would like to see a different design and lower maximum speeds—not the 400 km per hour that is projected but something more sensible between 250 km and 300 km per hour. That would allow for a route that is not straight as an arrow, but that has some bends in it that could avoid the villages in my constituency. That kind of route, which would also be more consistent with the kind of trains that we currently have running on the west coast main line, would be infinitely preferable to what we have at the moment. Unlike to my right hon. Friend the Member for Wokingham (John Redwood) whom I greatly respect on this matter, I do not think that it is too late to think again about some changes that would make this or a similar project more acceptable to my constituents.

I will support new clauses 1 and 2, certainly, and new clause 5. My hon. Friend the Member for Eddisbury (Antoinette Sandbach) has already eloquently set out the reasons why we should support new clause 5, and I will certainly do so.

John Redwood Portrait John Redwood
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I stress that I do not want to stop my hon. Friend getting a better deal for his constituents; I wish him every success in doing that. I was saying that once the contracts had been signed for this project, he will not be able to get change.

Jeremy Lefroy Portrait Jeremy Lefroy
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My right hon. Friend is absolutely right. I am not a believer in breaking contracts if contracts have been signed and if they do not have get-out clauses. I would strongly recommend that we put in get-out clauses, because there will be massive changes over the coming months and years. I accept, however, that once a decision has been taken by this House, if we are in a minority, we are in a minority and it will go ahead. I am just flagging up some of the problems that may be encountered in the future.

In respect of new clause 1, I welcome the quarterly reports. This is a very sensible approach and it is something that has been lacking. We have had intermittent reports from HS2 to constituency MPs who have been affected. We have had the occasional statement from the Minister—and I welcome the work that the current Minister and indeed previous Ministers have done to keep us informed—but what we have not had is an honest assessment of the cost of this project. We were told originally that it was in the £30 billion to £35 billion range, and then a Minister came forward a few years ago and said that it was going to be about £56 billion, but since then we have had nothing. They have stuck to the figure, and what we are being asked as a House today is to vote on a figure that I simply do not believe.

The figures I have seen, calculated by experts in the field, indicate that the cost will be in the region of £80 billion. I have heard it might be more, but let us stick at £80 billion. This House is being asked to agree today to a not insignificant part of a project for which we do not have an accurate cost estimate, and which could be as much as £24 billion a year more. I agree that this is a capital rather than a revenue project, but that is two thirds of what we spend on defence every year; that is an enormous sum of money about which we are not being given any indication. If these estimates are wrong, let the Minister come forward and say that they are wrong and prove that they are wrong. Of course estimates are estimates, and we know that we cannot pin them down to the last million or so pounds, but it is possible to try to disprove the credible figures that have been put in the public domain, and so far they have not been disproved.

18:00
John Redwood Portrait John Redwood
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Does my hon. Friend agree that there could be massive revenue losses once the railway is up and running, because if it turns out that the number of seats provided is greatly in excess of demand, which some people think will be the case, there will be heavy discounts and lots of empty seats, and therefore a very major demand for a taxpayer subsidy?

Jeremy Lefroy Portrait Jeremy Lefroy
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As so often, my right hon. Friend is absolutely right, and what has also not been forthcoming is a proper business case. We have had the business case for HS2, but we have not had—I have asked for this time and again—a business case for the remnant west coast main line, which will still be a much larger transport network than HS2. We are told that there will be freight on it, and it is good that there will be additional freight, but freight is a very competitive market and will not replace the extremely lucrative premium revenues that come from high-speed trains.

What we will be left with on the west coast main line, which is absolutely vital for my constituency and those of my hon. Friends the Members for Lichfield (Michael Fabricant) and for Stone (Sir William Cash) and so many others, is a line which takes freight, which of course is heavy and causes extra maintenance, and with suburban and stopping services such as the London Northwestern Railway. That is an excellent service and I use it frequently, but I often pay £15 or £20 for a single ticket from London to Stafford. I welcome that, but it is not possible to run a proper, profitable railway on income like that. What it relies on of course is the incredibly expensive £106 or £108 single peak fare from Stafford to London—my hon. Friend the Member for Lichfield will probably be able to quote the figure from Lichfield. These are the fares that pay for the railway at the moment.

Michael Fabricant Portrait Michael Fabricant
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Does my hon. Friend share my concern that—I do not know whether this is because of HS2 or not—at present the Department for Transport has no plans for the replacement of the ageing Pendolino fleet?

Jeremy Lefroy Portrait Jeremy Lefroy
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Yes, I do. I think the Pendolino fleet, introduced by a previous Labour Government, has done a great job, and I am therefore very disappointed that Virgin Trains and Stagecoach are not going to be involved in the next phase of this service. In the nine years in which I have had the honour to represent my constituents in this House, I have used that service between two and four times a week, and it has been late a handful of times. It is an excellent and reliable service; others may have had different experiences, but that is my experience over the past nine years.

William Cash Portrait Sir William Cash
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I am glad to confirm everything my hon. Friend has said, but I am a little puzzled that he left new clause 4 out of the list of amendments on which he was intending to cast a vote. I wonder if he could throw any light on that: is it because of the point that I and others have made about the report coming into effect only after the Act has received Royal Assent, or is it because of something else? Most of the measures in new clause 4(2) would give rise to the business case my hon. Friend is calling for, and with which I agree.

Jeremy Lefroy Portrait Jeremy Lefroy
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I listened carefully to what my hon. Friend and the hon. Member for York Central (Rachael Maskell) said, and in principle I support the proposal, but I also recognise the points made about the fact that a review is needed now rather than in a year’s time or a year after Royal Assent, which of course will not come until a few months after their lordships have considered the Bill.

I say to the Minister, for whom I have great regard, that there should be a proper business case for the west coast main line post the introduction of HS2. Although I do not know the east coast main line or the line out of King’s Cross nearly as well, similar questions about the loss of premium fares might apply to it, although I recognise that the geography and the areas served are slightly different.

Lee Rowley Portrait Lee Rowley (North East Derbyshire) (Con)
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My hon. Friend is making a very important point, although I am not convinced that the new clause is the right way forward. He talks about business cases, and my concern is that there are indirect impacts that should also be considered. For example in my constituency, on the midland main line, there will be an impact on the Chesterfield Canal Trust’s attempt to regenerate our area; that has been held up now for nearly six years because we cannot get a guarantee from HS2 that it will not be impacted. Those kinds of costs must also be considered.

Jeremy Lefroy Portrait Jeremy Lefroy
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My hon. Friend is absolutely right, and I will come on to such matters in a moment. He makes a very important point about the eastern side of the network, which is absolutely vital; we are obviously concentrating today on the west midlands to Crewe line, but we will come to that area later this year or next year.

Finally on this matter, I ask for my point to be seriously taken into account, because at the moment large subsidies are paid into Network Rail by the operators of the west coast main line, and in my view that will no longer be the case after the introduction of HS2.

Turning to other matters, I have serious concerns about the way in which HS2 has handled two or three areas in my constituency. Ingestre Park golf club has given evidence to the Committee and has been listened to by the Committee; however, it has still not reached an agreement with HS2 over what is going to happen. It is seriously concerned about the impact on the club and its employees—is it still going to exist? I ask the Minister to urge HS2 to reach an agreement as soon as possible with the golf club, as it did with Whittington Health golf club in the constituency of my hon. Friend the Member for Lichfield under phase 1.

I would also like to raise the village of Hopton, which will be grossly affected by HS2 in the phase we are currently considering. It has constantly asked for more mitigation of the impact of the line, which goes pretty much straight through the village. Because of the impact on Hopton it is the village with possibly the highest proportion of houses that HS2 has had to purchase, certainly in this phase. We are asking for more mitigation. I know that the villagers will attempt to petition their lordships about this, but I ask the Minister to instruct HS2 to be more sympathetic than it has been so far to the needs of the village of Hopton.

Michael Fabricant Portrait Michael Fabricant
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The position of Hopton is very similar to that of my own villages, and the problem is exacerbated by the fact that there does not seem to be any co-ordination within HS2 itself. On occasions villagers will get advice from engineers or liaison people from HS2 telling them what route HS2 will take, and then only a week later somebody else from HS2 will give a completely different answer. This only exacerbates the worries of constituents.

Jeremy Lefroy Portrait Jeremy Lefroy
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My hon. Friend is absolutely right, and I have had a number of similar cases. In fact I was about to refer to one involving a constituent of mine who does not mind being mentioned: Mr Jim Prenold has a farm that is bisected by HS2 and has been trying to negotiate a proper solution to the problem caused by HS2. After several years—it is now more than six years since the route was initially published—there is still no solution for Mr Prenold and his family. Again, I urge the Minister to instruct HS2 to sort this out. That can be done very easily and quickly, and with good will.

Let me return to a matter that has an impact on costs and is therefore relevant particularly to new clauses 1 and 4: the whole question of the reuse of soil from the line, about which my hon. Friend the Member for Stone is very knowledgeable. HS2 considers that it can reuse on the line something like 80% of the spoil from cuttings and other excavations. If that is the case, I welcome it, because it would cut down the number of lorry and truck movements required to take away the spoil and to bring in the new spoil needed for embankments and other works. But what we understand—this needs to be proven or disproven—is that the percentage of excavated soil that can be reused on the line is in many cases as low as 20% and possibly even less. Hon. Members can do the maths and understand that we are talking about hundreds of thousands, if not millions, of tonnes of spoil that have to be taken off site because they cannot be used on site, and which then have to be replaced by millions of tonnes of spoil for use on site. That has two major implications: cost, and impact on the transport network in our neck of the woods.

If my hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) were here, he would refer to junction 15 of the M6, which is already one of the most difficult junctions on the motorway network and needs to be remodelled. The number of truck movements through that junction will increase enormously if the figures about the use of spoil that are built into the provisions of this phase are not correct. The A51/A34 Stone roundabout would also be affected, because it is directly on one of the routes used by vehicles, as would many other parts of my constituency and the constituencies of my hon. Friends the Members for Stone and for Stoke-on-Trent South and the hon. Members for Stoke-on-Trent Central (Gareth Snell) and for Newcastle-under-Lyme (Paul Farrelly).

Geoffrey Clifton-Brown Portrait Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)
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May I take my hon. Friend back to his remarks about his constituent’s farming problem? When I was on the High Speed Rail (London – West Midlands) Bill Committee, we had some problems like this and representatives of the National Farmers Union gave evidence to the Committee. The NFU is constantly in touch with HS2 Ltd. There are well-known valuation techniques for dealing with all the problems relating to land that may be taken; it is just a question of getting HS2 round to actually doing it. May I suggest that if my hon. Friend’s constituent were to contact the NFU, he might get some action?

Jeremy Lefroy Portrait Jeremy Lefroy
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I am most grateful to my hon. Friend. My office has been in touch with the gentleman in question for many years and we are also in touch with the NFU. I agree that there are many cases in which the course of action that my hon. Friend describes has been successful. The NFU has done a great job, as have local land agents and my constituency office. I particularly want to mention my chief of staff, James Cantrell, who has done a fantastic job on this for many constituents over six years. However, there are unfortunately still too many exceptions to the rule. I do not want to do down HS2’s staff, a lot of whom work very hard and try their best to work for my constituents, but they are often frustrated by decisions higher up that do not give them the latitude to make sensible decisions locally on behalf of my constituents.

Geoffrey Clifton-Brown Portrait Sir Geoffrey Clifton-Brown
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I am grateful to my hon. Friend for giving way again. On the Committee, we also found that cases tended to get resolved much quicker when a Member of Parliament got involved on behalf of a constituent. I say to the Minister, who I hope is listening, that HS2 should have sufficient staff that it should not be necessary for a Member of Parliament to get involved in every single individual case, whether it involves the taking of a house, a bit of a farm or whatever. Unfortunately, it is all too often necessary for a Member of Parliament to get involved, as my hon. Friend has demonstrated with his examples.

Jeremy Lefroy Portrait Jeremy Lefroy
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My hon. Friend is absolutely right, but sadly we have had to get involved in almost every case, and some cases have taken far too long to resolve partly because of the lack of delegation.

18:15
William Cash Portrait Sir William Cash
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Only a few days ago the Stone Railhead Crisis Group, which represents the interests of my constituents around Stone, met the regional director of Highways England and discovered that there are some very serious problems for Highways England at both Hanchurch and the proposed HS2 junction at Yarnfield Lane that really require re-evaluation, which I intend to go into a bit on Third Reading. Is my hon. Friend aware of those conversations and the fact that Highways England is in fact very concerned indeed about the situation?

Jeremy Lefroy Portrait Jeremy Lefroy
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I am most grateful to my hon. Friend for making that point. I did in fact refer to junction 15, which is also known as the Hanchurch junction. It is actually a series of junctions that are critical to the national road network, not just the local road network. Junction 15 is one of the most difficult and congested junctions on the motorway network because of the topography of the area, and it finds it difficult to handle the current amount of traffic, let alone the vastly increased amount that there will be under phase 2a of HS2.

Michael Fabricant Portrait Michael Fabricant
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Mr Deputy Speaker, you will know that I am not a controversial person. Far be it from me for one moment to cause any internecine warfare between my two great friends on the Back Benches, my hon. Friends the Members for Stafford (Jeremy Lefroy) and for The Cotswolds (Sir Geoffrey Clifton-Brown), but I am afraid that I am going to have to take the side of my hon. Friend the Member for Stafford on the case of the NFU. I have been involved both with phase 1 and phase 2a. My staff and I personally have been involved in trying to get people to meet HS2 and to have meetings with the NFU and HS2; it just does not often happen. HS2 has seen a huge turnover of staff, including managing directors and chairmen, so trying to get any form of co-ordination between one lot of HS2 people and another lot—let alone their meeting at the NFU locally—is often impossible. Does my hon. Friend agree?

Lindsay Hoyle Portrait Mr Deputy Speaker (Sir Lindsay Hoyle)
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And that is from a non-controversial Member.

Jeremy Lefroy Portrait Jeremy Lefroy
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Sadly, I have to agree that what my hon. Friend says is sometimes the case, but I would hope that with the Minister’s intervention—she has been kind to intervene in a number of cases—matters will speed up.

Given that the Chair of High Speed Rail (West Midlands - Crewe) Bill Committee, my hon. Friend the Member for Rochford and Southend East (James Duddridge), is in the House, let me just say that it has been remarkable how some matters have been settled just when they were about to go to his Committee. It is therefore a matter not just of an MP getting involved, but sometimes of an issue actually coming before the Committee. That should not be the case. Common sense should prevail; getting common-sense matters put in place should not depend on pressure from a Member of Parliament or the Committee.

I am most grateful for the forbearance of hon. Members, but there are several very important matters that the House needs to be aware of and which I have tried to summarise. The first is the overall cost, about which we need the Government and HS2 to be honest with the House. The second is the question of the use and reuse of the spoil from the railway, another matter about which HS2 needs to be frank and honest with the House because of the consequences for the transport network and costs. The third is a plea that HS2 is open and transparent with all those affected, that it deals with things on the spot and that it delegates authority to its staff on the ground so that decisions can be made without the great distress that has been caused to so many of my constituents.

Fiona Bruce Portrait Fiona Bruce (Congleton) (Con)
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I thank you for allowing me to speak in the debate, Mr Deputy Speaker, because it gives me an opportunity to put on record my views and those of many of my constituents regarding HS2.

I have never voted for any motion relating to HS2 in the House, over many years, and that will be my consistent position today. That is why I will not even be voting for any of the amendments or for the Bill in due course. I cannot condone any expenditure in relation to this project, and I do not believe that the further reviews and reports proposed in new clauses 1 and 4 will do anything other than reinforce my view and that of so many of my constituents that the business case for HS2 has simply not been made.

It is a hugely expensive project. It will not proportionately benefit my constituents, who time and again say to me that the huge amount of money involved would be much better spent on improving local transport services, whether it is the cycleways; the bus services, which have been reduced and need reinstating, particularly for the elderly; a bypass for Holmes Chapel; or better facilities at Sandbach station.

I need hardly mention the catalogue of concerns about local rail services that have been brought to my attention. I held a surgery a little while ago at Congleton railway station, and almost 40 constituents turned up to express their concerns about local rail services. They want to see better local rail services. That is a particular concern. If money is going to be invested in some form of Crewe hub, that will simply not be of benefit to my constituents unless there are appropriate local rail services fanning out from Crewe to Alsager, Congleton, Sandbach and Middlewich. That assessment needs to be done. I find myself in agreement with the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), who said that we need an assessment of the benefit of these proposals to local towns, not just cities. That is what my constituents have been saying for many years—what is the benefit to them?

I am entirely in agreement with many of the comments made by my hon. Friend the Member for Stafford (Jeremy Lefroy), in particular regarding the current west coast main line. We need a proper business case for what will happen post-HS2 for the west coast main line. I use it every week, and I know that I am not alone among my constituents in thinking that the service currently supplied by Virgin is perfectly satisfactory. My constituents cannot understand why there is a need for them to contribute to the huge expense of HS2, particularly as only a tiny proportion of them are likely to use it.

Michael Fabricant Portrait Michael Fabricant
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My hon. Friend will know that the Government argue, as indeed does the Labour party, that the reason for HS2 is to relieve the congestion on the west coast main line. Is she aware that double-tracking from just north of Rugby down to Euston, where two extra platforms are being prepared anyway, would resolve that problem?

Fiona Bruce Portrait Fiona Bruce
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My constituents have often argued that solutions can be put forward using the west coast main line as it stands and that it should not be necessary to have the additional infrastructure that HS2 necessitates.

Moreover, there is real concern about the high—possibly too high—ticket prices that HS2 is likely to incur, when many rail charges are already very expensive for those who want to travel down to London. Speaking of London, many of my constituents are concerned that all this will do is draw business down to London. For a constituency like mine, which will not have a direct connection with HS2, there will still need to be local connections, whether it is from Crewe or coming up from Birmingham or down from Manchester. There is no confidence that HS2 will attract business to our area. There are many other reasons why business would be attracted to my part of Cheshire. It is a wonderful place to live—it is very attractive, with great schools and a good quality of life—but there is no confidence that the huge expenditure of HS2 will lead to increased business in our area. A proper business case has never been made for this.

William Wragg Portrait Mr William Wragg (Hazel Grove) (Con)
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Unlike my hon. Friend, I have in the past supported measures related to HS2, but this evening I shall no longer be doing so, because the escalating cost estimates and the lack of apparent accountability for those increases is now quite frankly ridiculous. Does she agree that a fraction of this amount could be much better spent on improving connectivity within the north of England, rather than wasted on this vanity train set?

Fiona Bruce Portrait Fiona Bruce
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That is exactly the point that I am seeking to make. I agree. It is very interesting that the Lords Economic Affairs Committee found evidence that the costs of HS2 appear to be out of control. That does not inspire confidence in my constituents. If there is going to be improved connectivity outside our constituency, many of them would prefer to see it across from Manchester towards Leeds and Yorkshire, rather than further connectivity down to London, which they already think is quite satisfactory for their purposes.

The case for speed has never been made. People work on the train and, because my constituents will have to make a connection—whether it is from Crewe or elsewhere—they are not convinced that the slim time saving justifies the expenditure that will be incurred. If the aim of the project is to narrow the gap between the north and London, the investment needs to be in the north.

Jim McMahon Portrait Jim McMahon
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I accept that Governments need to balance the books—they cannot spend the same pound twice. Quite a few times in this debate, we have heard northern MPs call for the money to be shifted across, but when has the same been done in London? When does London have to choose between good infrastructure and capital investment on the one hand, and affordable, efficient transport at a local level on the other? London does not have to choose. Why should we?

Fiona Bruce Portrait Fiona Bruce
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Absolutely.

My hon. Friend the Member for Stafford referred to the series of junctions on the M6. Junction 17 of the M6 at Sandbach in my constituency needs improvement to take the additional traffic that is increasingly burdening it, particularly because of the additional house building. It is one of the few junctions in the country without a roundabout serving it. Each morning, we see huge pressure, in particular from those commuting from Sandbach to Manchester and elsewhere. It is highly unsatisfactory and another priority that needs to be looked at—in my constituents’ view, looked at in preference to the proposed investment in HS2.

There is going to be an impact in my constituency, because while HS2 does not pass through it, it passes within yards of it. It will pass through Stanthorne and the Bostock Hall estate, literally within yards of Middlewich. Many of my constituents will be impacted—the quality of their lives will be impacted—by this without any compensation being available to them.

Rupa Huq Portrait Dr Rupa Huq (Ealing Central and Acton) (Lab)
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The hon. Lady is making a compelling case. As a London MP, I want to point out that people on Wells House Road in my seat, which HS2 will pass through, do not welcome this development at all. They are already living on a building site seven days a week, and that will carry on for 10 years. The streets are not paved with gold, and even in London, people do not want this.

Fiona Bruce Portrait Fiona Bruce
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I fully empathise.

Of course, there are also environmental concerns. New clause 1 proposes a review of those concerns, but they are self-evident. The Wildlife Trusts says that hundreds of special wildlife habitats are under threat from HS2, including ancient woodlands, lakes, meadows and other important habitats. We do not need an assessment to tell us that—it is obvious.

Michael Fabricant Portrait Michael Fabricant
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Does my hon. Friend not find it extraordinary that the original proposal by Arup for HS2 was that it should travel parallel to the M40 on an existing transport corridor that would have connected with Heathrow and the channel tunnel, but the Labour Lord, Lord Adonis, changed it to an incredibly environmentally damaging route?

18:30
Fiona Bruce Portrait Fiona Bruce
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It will do much damage at a time when we are becoming increasingly aware of how important it is to address issues such as environmental protection and climate change.

My constituents are frustrated that HS2 will effectively terminate at Euston. So many of them would prefer not to fly to the continent from Manchester airport, but to take a train, but it would be impractical to have to trundle heavy suitcases across London.

We started with a cost of £35 billion and the latest figure is in the region of £56 billion. No one believes that the costs will not escalate, and there are now credible reports of up to £80 billion. Those are still only estimates, and that is unacceptable. My constituents do not see HS2 as a value-for-money enterprise.

In the Lords Economic Affairs Committee, Lord Forsyth of Drumlean said:

“Commuter services in the north of England are badly overcrowded and reliant on ageing trains. Rail connections between northern cities are poor”—

and between northern towns. He continued:

“rail infrastructure in the north should be the Government’s priority for investment, rather than improving north-south links which are already good. The north is being short-changed by the Government’s present plans, especially as construction on HS2 is starting in the south. Any overcrowding relief from HS2 will mainly benefit London commuters.”

If we are to have any assessments, reviews or reports, we need to look at how we can ensure a fair and proportionate benefit to constituents such as mine from an investment of this size.

Ivan Lewis Portrait Mr Ivan Lewis
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I am happy to support the new clauses as they make a lot of sense in terms of accountability, evaluation and transparency, as well as ensuring constant review of a project as massive as HS2. It is also important to acknowledge the scandalous inequality of investment in the north of England that has been the case under successive Governments.

The former Chancellor of the Exchequer, George Osborne, deserves some credit for the concept of the northern powerhouse and the whole principle of devolving maximum power, but that has to be accompanied by resources. Since the change of Prime Minister and because it was the former Chancellor’s project, the Government have taken their eye off the ball when it comes to devolution and the northern powerhouse, and it is even less a central component of the Government’s agenda than it was in the past. So I will actually say that the Conservative Government did more in terms of devolution in principle in England than previous Labour Governments had done, but it was not accompanied by investment and, since the change of Prime Minister, that agenda has been sidelined.

Jim McMahon Portrait Jim McMahon
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I should say that I think Labour has a good track record on devolution and devolving power. Does my hon. Friend accept that the concept of the northern powerhouse is like the concept of a cake without the ingredients?

Lindsay Hoyle Portrait Mr Deputy Speaker (Sir Lindsay Hoyle)
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I do not want to hear too much about cake.

Ivan Lewis Portrait Mr Lewis
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I know exactly what my hon. Friend is saying, although I do not watch “The Great British Bake Off” regularly. He is right and he was in the vanguard as one of the local government leaders in Greater Manchester who were the most dynamic and entrepreneurial in looking at the potential of devolution to transform the communities that he now represents in this place. He demonstrated that local leadership in that capacity could make a transformational difference and I pay tribute to him for that.

My hon. Friend also articulated, more than most, the risks of the northern powerhouse model that was presented, in terms of the lack of resources and investment, and the failure to transfer adequate powers. He is right that the Labour Government did some good things on devolution. I remember attending seminar after seminar at No.10 Downing Street about how to improve buses outside London. Every time we were asked the question and at every opportunity we said, “Reregulation and integration”, but that was refused by the then Government. While it is true that many good things were done, that Government were reluctant to devolve in the way that they should have done.

Hon. Members have expressed concerns about the specific nature of HS2, but it is sad that we do not hear enough from them about the centrality of rebalancing the economy if we are to achieve our potential on a long-term basis. Whether we are for or against Brexit, that is a fact. If we continue to ensure that swathes of this country are not supported to fulfil their potential through investment, we are not only damaging those communities and preventing individuals from having the opportunities and life chances that others have, we are damaging UK plc by failing to see that it has a massive dampening effect on our productivity, our competitiveness and our capacity for innovation.

Hon. Members on both sides of the House and representing all areas of the country should acknowledge that this issue is about the national interest. It is not just about the interests of the north of England, although we are here to represent and articulate those interests, but about the long-term interests of the country. Our constituents have been short-changed for far too long in terms of the share of the cake that is available to be distributed under any Government.

I say gently to one or two Conservative Members that Lord Adonis has not been a Transport Minister for about nine years, so Conservative Ministers have had opportunities to make one or two amendments to the scheme if they are uncomfortable with it. I wonder whether their concerns about Lord Adonis have something to do with other factors than his tweaking of the route—

Michael Fabricant Portrait Michael Fabricant
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I am bemused by the hon. Gentleman’s talk of one or two amendments and tweaking. Does he not think it is more than a tweak when the railway line was originally proposed to use an existing transport corridor up the M40 and then suddenly was changed with a ruler to go straight through the most virgin of countryside? That was more than a tweak.

Lindsay Hoyle Portrait Mr Deputy Speaker
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Do not give way again.

Ivan Lewis Portrait Mr Lewis
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I have been following instructions from you for 20 years, Mr Deputy Speaker, so I will continue to do so in this debate. The hon. Gentleman used his usual colourful language, but my point was that for nine years Lord Adonis has been nowhere near this scheme or the Department for Transport. If the hon. Gentleman genuinely feels that a massive mistake was made, Lord Adonis’s successors have had plenty of opportunities to address those concerns.

Fiona Bruce Portrait Fiona Bruce
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I want to put on the record that I believe that in the last nine years our Transport Ministers have taken a lot of cognisance of the needs of northern constituencies. My own constituency has funding for bypasses in Congleton and in Middlewich. Ministers are also looking favourably on reinstating Middlewich railway station. It is not as though our Ministers have not taken note of our requirements; it is simply that we feel that the HS2 project could provide better value for money if spent differently.

Ivan Lewis Portrait Mr Lewis
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I respect the hon. Lady’s views on some of those issues in the context of the debate, but I have to say assertively to her that, in the context of austerity, those at the bottom of the pile have suffered more than everyone else. When we look at the impact of austerity on the country and on communities, we see that many northern communities were starting at an incredibly low base. The impact of austerity, therefore, is not simply that we have not been able to catch up; the inequality and disparity in terms of the investment in skills, jobs, infrastructure and public services have actually made the situation far worse. That combination of austerity and the low base of investment, which has been an historical reality under successive Governments, is having a devastating effect on many northern communities.

The hon. Lady therefore really cannot afford to be complacent; she may have had some funding for a bypass in her constituency, but the reality in many of our constituencies in the north of England is that this has been an incredibly challenging and difficult period. If any business had 50% reductions to its budget in a four or five-year period, it would go bankrupt; that is what is happening to many local authorities in the north of England, and especially in Greater Manchester.

I want to come on specifically to the new clause on the non-disclosure agreements tabled by the hon. Member for Eddisbury (Antoinette Sandbach). My view, having come reasonably late to this topic, is that what we have seen in terms of non-disclosure agreements in the context of HS2 is nothing short of a public scandal. Essentially, many of these agreements have been used to silence people inside that organisation who are concerned that Parliament has been misled on a regular basis about financial information. Let us be clear: people have been given redundancy from HS2 because, internally, they have articulated concerns about misleading information that has been presented to this House in terms of finance and capacity.

Ministers have a responsibility to disinfect this issue. They should now make it clear that, former members of staff subject to non-disclosure clauses and paid redundancy simply because they felt Parliament was being misled should be released from those non-disclosure responsibilities and should be able to share their views with Parliament and to put them in the public domain. It is totally hypocritical to talk, quite rightly, about the outrage of the Labour party imposing non-disclosure agreements on its staff, but then for Ministers not to release members of staff in HS2 from such requirements.

I would like to reveal to the House today that a consultants’ report costing at least £1 million was commissioned from a well-known consultant, which did not say what HS2 wanted it to say. That report was more or less shredded; it was certainly never put in the public domain or shared with Parliament.

We know that the costs have escalated time and time again and that some people in the organisation have alerted the HS2 board and other senior executives to the difficulties. I am not saying that HS2 should be scrapped, but for parliamentarians to make a rational, proper judgment on its viability, desirability and achievability, we have to have full possession of the facts. There is absolutely no question but that Ministers have not always been given full information by HS2. As a consequence, Select Committees and the House itself have not been given the full information that we and the public are entitled to in any debate about the desirability of this scheme.

John Redwood Portrait John Redwood
- Hansard - - - Excerpts

If a Government had decided to offer all the northern councils involved their proportion of the original budget for HS2 as capital spend, to spend as they saw fit, does the hon. Gentleman think they would have spent it together on the railway or on something else?

Ivan Lewis Portrait Mr Lewis
- Hansard - - - Excerpts

I say genuinely to the right hon. Gentleman that that is a false choice. In Greater Manchester, thanks to changes the Government have made, we are seeking finally to have the capacity to reintegrate, re-coordinate and, where appropriate, re-regulate our buses. However, the level of subsidy per commuter in Greater Manchester, compared with London, is frankly shocking in terms of the Mayor of Greater Manchester’s capacity to radically improve bus services across the conurbation. I genuinely say to the right hon. Gentleman—this is not a party political point—

Lindsay Hoyle Portrait Mr Deputy Speaker (Sir Lindsay Hoyle)
- Hansard - - - Excerpts

Order. We are straying way off. We are not about bus services. We are not about subsidies. I am sure the Member for Bury South will not be tempted. That is what Members are trying to do: they are trying to tempt him into a debate that we are not having at this stage.

18:45
Ivan Lewis Portrait Mr Lewis
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I entirely accept what you say, Mr Deputy Speaker. I simply say to the right hon. Gentleman that he was talking about a genuinely false choice, and we should not go down the road of such false choices.

I am agnostic about HS2. The reason I have become agnostic is that I am absolutely convinced that Members of this House and people in this country are not being given full, appropriate and adequate information on cost and capacity, both of which are central to whether this project, compared with other projects, should go ahead and whether it can be delivered in budget and on time, in the way that Ministers have suggested.

I want to conclude by saying this to the Minister. It really is time for Ministers to insist that there is maximum transparency and maximum disclosure of information in terms of the amounts paid and the number of non-disclosure and similar agreements issued. Ministers also need to go further and instruct HS2 to ensure that people are released from these non-disclosure responsibilities where it is clearly in the public interest to do so. It is most definitely in the public interest to do so when senior members of staff were made redundant simply because they articulated concerns within the organisation that false financial information was being put in the public domain, which is not in the public interest. In those circumstances, Ministers have a duty and the right to instruct HS2 to release people from their obligations. For us to make considered and measured judgments about the future of the scheme, we need all the facts in the public domain, as do the people of this country.

Trudy Harrison Portrait Trudy Harrison (Copeland) (Con)
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I rise to support the HS2 rail development and to support the Government ahead of the votes this evening. The name HS2, as many have said, is somewhat misleading, because the project is clearly more about capacity. The greatest gain will be in terms of capacity and therefore improved resilience, allowing us to connect the north to the south and, I hope, the east to the west.

As it is Monday, I feel particularly able to talk about rail, because I have just enjoyed my twice a week, five and a half hour commute. I travel from Bootle village to Barrow, and change. Then, I move from Barrow to Lancaster, and change. Then, I move from Lancaster to Crewe, and it was lovely to hear the hon. Member for Crewe and Nantwich (Laura Smith) talk about her constituency, because I enjoyed a most memorable 25 minutes on platform 5, before moving again, from Crewe to London Euston. That is a journey I make twice a week—a round trip of 11 hours.

I can see for myself how vulnerable the infrastructure is and how one train being delayed impacts, with cancelled trains, thousands of inconvenienced commuters, thousands of pounds in compensation claims and, most importantly, lost confidence. That is at a time when the ability to travel by public transport is so vital if we are to decarbonise our transport systems and try to hit that 2050 target.

The Minister for HS2 rightly argues that it is critical to unlocking Northern Powerhouse Rail by providing the foundations on which Northern Powerhouse Rail can be realised. It is also planned that HS2 will link over 25 towns and cities, from Scotland through to the south-east, joining up nearly half the UK. It is important to recognise that the funding for HS2 does not come at the expense of wider investment in the railways; it is not either/or—from my perspective in the north of England, it is in addition. That is about the investment in the Cumbrian coastal railway, but I also welcome the fact that the Government are investing billions of pounds across our railways between 2019 and 2024—the most significant such investment since Victorian times.

Just last week, we celebrated the confirmation of an £8 million investment in the preliminary works on the Cumbrian coast line. Living on the train line as I do, I see from my living room window the increase in services. There are 21 trains on a Sunday, which is a first between Whitehaven and Millom. Never before have we had trains on Sundays. It has made a huge improvement to our tourist economy. We now have 205 services between Whitehaven and Millom. After the tricky situation with the timetable change in May 2018, we have seen huge improvements in reliability on our line —now up to 93.5% reliability. Since the new timetable was introduced last year, the extra services have been running at record reliability, thanks to the intervention of the Department for Transport. That is great news for commuters.

We have seen an end to the very unreliable Class 37 locomotive. I am pleased it has been relegated to the scrapheap—or possibly the museum. We are also seeing an end to the very uncomfortable Pacer trains, or “nodding donkeys” as they are more commonly known in my area. As long as that investment continues locally, with the recently announced millions of pounds to develop preliminary works on the Cumbrian coast line to improve the rolling stock and to ensure that a reliable service connects people to places seven days a week, then I welcome the additional infrastructure investment that the Government propose with HS2 and, critically, Northern Powerhouse Rail. We have in the past referred to HS3 as a follow-on from HS2, but that northern connection is now termed Northern Powerhouse Rail, with a focus on connectivity from east to west from Liverpool to Leeds via Manchester.

New clause 1 refers to quarterly reports on environmental impact, costs and progress. However, the environmental statement, at 11,000 pages, is already incredibly extensive, so I do not believe we need another layer of reporting on a statement that is already out there. The environmental statement has been scrutinised independently and by the Select Committee, which has made its own decisions. It is important to recognise that not all scrutiny must take place in public. Ministers can maintain pressure through a co-operative, sensible, business-like environment, rather than having to shame a contractor on the Floor of the House for the sake of political point scoring.

William Wragg Portrait Mr Wragg
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Surely, the point of scrutiny is not political point scoring, but accountability for the billions of pounds for this project. We are not yet entirely sure about the total amount. Surely, that is the point of accountability, rather than political point scoring?

Trudy Harrison Portrait Trudy Harrison
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I thank my hon. Friend for his intervention, but I refer him to the 11,000 pages of the environmental statement. We need less pen pushing and paper shuffling, and more progress and more connecting people to places.

We already have compensation schemes in abundance. A plethora of schemes are available: in a safeguarded area, the express purchase scheme and the need to sell scheme; in a rural support zone, we have the cash offer, voluntary purchase schemes and the need to sell scheme; and in the homeowner payment zone, we have the homeowner payment scheme and the need to sell scheme. Outside the zones, we also have the need to sell scheme. How many layers of payment schemes do we really need? Surely, we can recognise that the current compensation packages are sufficient for those affected by the project?

Lee Rowley Portrait Lee Rowley
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My hon. Friend makes an important point about the complexity of the compensation schemes, and no compensation scheme is perfect, but in my part of the world, which is in phase 2b, there are problems with the compensation scheme in the town of Staveley because it does not adequately reflect what is happening on the ground. We have to accept that there are many issues on the ground. There are tenants who are renting from their parents. There are people in trusts to support their elderly parents living there. I hope that the Government will consider those kinds of nuances, on an ad hoc and case-by-case basis, in a way that I have not seen so far.

Trudy Harrison Portrait Trudy Harrison
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I do not have HS2 or, indeed, any significant infrastructure projects in my constituency, but I look forward to doing so. In my constituency, we are looking forward to the Moorside development, which will have similar kinds of inconvenience and unintended consequences. I served the Minister in the past. I am confident that she will work with Members across the House and that, where there are issues, she will work with communities.

The independent peer review is another raft of bureaucracy and scrutiny that has been more than adequately covered by this House, its Committees and the Government. The four points addressed—environmental impact, economic impact, engineering and governance—have been reviewed time and again over the past five years. It is time we got on with this project and recognised that this country is crying out for greater north-south capacity.

Antoinette Sandbach Portrait Antoinette Sandbach
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I am very interested in the point my hon. Friend is making. Can she tell the House why, if the reviews she mentions have taken place, the costs of this project have escalated by many billions of pounds?

Trudy Harrison Portrait Trudy Harrison
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Any large-scale project, particularly a first like HS2, will see unintended costs, resulting in an increased budget. “You don’t make an omelette without smashing some eggs,” is a common phrase in my Copeland constituency. Regardless of that increase, for every £1 spent on HS2, £2 will still go back into the economy.

The north-south and east-west divides have for far too long separated our nation and stifled our economy. I am not interested in even more bureaucracy. This is about connecting people and places. That is why I will support the Government this evening, and look forward to HS2 and Northern Powerhouse Rail being delivered.

Owen Paterson Portrait Mr Paterson
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It is a great pleasure to speak in this debate. I have listened carefully to the arguments. The hon. Member for York Central (Rachael Maskell) might be interested to know that I was actually minded to support her new clauses until she spoke. Her new clauses would have no consequences: they would just lay a report and nothing would happen.

I have gone on a journey on this issue. I voted for the project when I was in Cabinet, and I have become more and more sceptical about it. At one stage I thought it might just die, because the finances were becoming less and less sensible. Now, however, I have real concerns. There are problems with it in my own constituency and nationally. I would have supported new clause 1 on assessing environmental impact, costs, progress on the timetable and economic impact, but I realise that all that would happen is that a report would be laid and there would be no consequences.

In an earlier intervention—I am not sure whether you were here, Mr Deputy Speaker—I raised the issue of the route. My hon. Friend the Member for Lichfield (Michael Fabricant) pointed out several times in interventions that originally the route was going to follow an existing corridor up the M40, but is now going to smash through virgin countryside and cause huge damage at vast cost. One thing I have in common with my hon. Friend the Member for Copeland (Trudy Harrison)—it is a great pleasure to follow her—is that we both went to platform 5 at Crewe this morning and changed trains. I moved on to platform 11. I do that every week, twice a week. I raised this point in an intervention: my constituents want to go direct to Heathrow. I am sure Old Oak Common has many attractions and is a lovely place with charming people and wonderful things to do, but my constituents do not want to go to Old Oak Common. They want to go direct to Heathrow or direct to HS1.

18:59
Rachael Maskell Portrait Rachael Maskell
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I remind the right hon. Gentleman that we are debating phase 2a of the HS2 project. That is the remit of the Bill—

Lindsay Hoyle Portrait Mr Deputy Speaker (Sir Lindsay Hoyle)
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Order. That is for me to judge. I have been very lenient to Members on both sides throughout the debate. To try to stop these remarks at this late stage would be a bit unjust. I have tried to stop Members being tempted, but everybody is trying to build on the debate that took us out of scope, and I recognise that at times, we have gone out of scope. We have been in this area once already and it would be remiss of me not—

Rachael Maskell Portrait Rachael Maskell
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It was with regards to my amendment.

Lindsay Hoyle Portrait Mr Deputy Speaker
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Of course we will come to your amendment.

Rachael Maskell Portrait Rachael Maskell
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I just wanted to say to the right hon. Gentleman that my amendment can therefore apply only to phase 2a. His aspiration may be to review the whole project, but my amendment applies only to the contents of the Bill.

Owen Paterson Portrait Mr Paterson
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I totally get that point, but one cannot get from Crewe to the end destinations in phase 1 without getting this part of the project done, and the point is that Labour’s amendments do not allow any action. If the hon. Lady compelled the Government to do something, I might be minded to support that, but as I said, I have become increasingly disillusioned by the cost and the damage to my own patch.

The first I knew about the damage to my constituency was when a notice went up in the village of Woore, which the hon. Lady is probably not aware of, in the most extreme north-eastern corner of Shropshire. It is a salient that sticks out to the east between the counties of Cheshire and Staffordshire. Woore is a village of 1,200 people, with a nursery and a primary school of about 60. People walk every day to school and to work. In parts of the main road through the village, there is no footpath and some of my constituents have to cross the road three times, so the situation caused major consternation.

We have had a significant number of meetings with HS2, and I pay credit to the HS2 officials who have been assiduous in coming to meetings and providing information. We have looked at a whole range of alternatives to what could happen. It seems perverse that the original plan to move 600 vehicles a day through the village has come down to 300 by simply doubling the time—it was going to be 600 for three months and now it is 300 a day for six months. They are doing that because they are going to travel three sides of a rectangle. Every alternative that we have looked at has been turned down, and that is why I do not support these amendments. It is the sort of issue that the hon. Lady’s amendments could have flushed out, and there could have been concrete action.

John Redwood Portrait John Redwood
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Does my right hon. Friend have any sympathy for the amendment from our hon. Friend the Member for Eddisbury (Antoinette Sandbach) about non-disclosure agreements?

Owen Paterson Portrait Mr Paterson
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I am going to come to that in a minute. I am wholly amazed by the revelations from my neighbour, my hon. Friend the Member for Eddisbury (Antoinette Sandbach), and I look forward to the Minister’s comments on that, because I was really shocked by what my hon. Friend said. Given my experience of having a series of meetings with HS2 officials, all of which have been—at face value—thoroughly satisfactory and an open exchange of views, but have got absolutely nowhere, it now appears that there might some other reasons why that is. Given what she is saying, I cannot find out why, so if she presses her amendment, which I very much hope she does, I would like to hear from the Minister whether the Government will accept it. If they do not, I will be very happy to vote in favour of it. My hon. Friend has flushed out a most serious issue.

Jim McMahon Portrait Jim McMahon
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I absolutely accept the constituency issues that the right hon. Gentleman raises, and the poor consultation cannot be excused, but he must accept that with a route and project of this scale, the minor changes that are made in one part of it will have a massive impact if that is held across the whole route, and that has an impact on the budget and the timescale. Whether he supports the project or not, he must accept at some point that it is either time to back it or scrap it. There is this idea that we can keep throwing on hundreds of small, different issues and take that as a measure of the project, but that is just not a way forward. This is a major project for this country and it should be debated in that way.

Owen Paterson Portrait Mr Paterson
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I am very grateful to the hon. Gentleman for his interventions. He has been busy making these points throughout the debate and I understand that he is fully in favour of the project. I began my working life by spending 25 years on Merseyside. I am fully aware of the need for transport connections for the north, particularly including west to east across the north of England. I began wholly in favour of this broad idea, but the more I look at it, the more worried I become.

Let me finish my points on my local issue in the village of Woore. We cannot just dismiss these as tiresome little irritations in a huge juggernaut of a project. These are real people: 1,200 people live in Woore and they will have 300 trucks a day going through a village where, in some places, there is no footpath. In schedule 1, on page 48, Members can see some proposals on mitigations, such as a “realignment of the A525” in a few places. These are just passing places. They in no way satisfy my constituents with regard to what they are looking for and are not good enough at all.

Will the Minister, who is beginning to get her notes together, comment on the proposals from Woore Parish Council that section 17 of the Town and Country Planning Act 1990 should be invoked? As I understand it, under that section, the unitary council’s—in my case—permission is required if there are heavy vehicle movements exceeding 24 a day. In Woore, we were faced with the horror of 600 movements. As a result of stretching out the length of the project, we are now looking at 300 a day, so we are massively over the threshold. I would like to know what would happen if Shropshire Council did not give permission as required under section 17 of that Act. Where would these trucks go? As I said, they are already taking a perverse route, over three sides of a quadrangle, to go from Baldwins Gate to Madeley.

I want to pick up some points that, again, could have been flushed out if the amendment had been properly drafted. Let me look at the economic impact. My worry about this project is that this is actually Victorian technology. Large steel boxes rolling around on steel wheels on steel tracks is not modern technology. [Interruption.] My neighbour, the hon. Member for Crewe and Nantwich (Laura Smith), is laughing at that. We are looking at the most expensive railway ever imagined. The original proposals were set in 2010 and the projected cost was £32.6 billion. That is now up to over £60 billion. Some estimates are talking about £80 billion, while others suggest £100 million. Let us compare that with what we could do on broadband, where we are miles behind other countries. We have only 4% full fibre connections at the moment. Spain has 71% and Portugal has 89%.

Laura Smith Portrait Laura Smith
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Can we not start looking at this perhaps as broadband infrastructure and rail infrastructure? All these things in the right hon. Gentleman’s constituency and in mine would be a great benefit to us all. It should not really be either/or.

Owen Paterson Portrait Mr Paterson
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That is a perfectly fair point, but there is no money tree. There is a limited amount of private and public money. I put to the hon. Lady that her constituents and mine have suffered for generations from the innate disadvantage of living in a remote rural area, 200 miles from London. With this new broadband technology, they can suddenly be level pegging with someone in the middle of Manchester or the middle of London. They can be just as competitive when talking to a customer in Ulan Bator or San Francisco. We are all absolutely level, but we have to have broadband. A spokesman from Openreach, picking up on the comments of my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson), said last week that

“building full fibre technology to the whole of the UK isn’t quick or easy. It requires £30 billion and a physical build to more than 30m front doors, from suburban terraces to remote crofts.”

Think of the benefit to our constituents if we had full fibre for £30 billion, which was the original estimate for HS2. This project is getting out of control.

John Redwood Portrait John Redwood
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People call this project an investment. Now, one aims to get a return on an investment. If we wanted a very modest 3% real on this £55 billion slug of capital, it should be generating profits of £2.75 billion every year. I do not think it will make a single penny. The case for investment has not been made.

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

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

Nusrat Ghani Portrait The Parliamentary Under-Secretary of State for Transport (Ms Nusrat Ghani)
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It has been a pleasure to hear so many passionate speeches about the power of transport to transform the outcomes of our constituencies and our country. Even though there have been some strong speeches from Members who have HS2 running through their patches—obviously they defend their patches and constituents—we have heard too about the transformative nature of HS2.

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

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

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

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

Judith Blake from Leeds City Council said:

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

Leader of Derby City Council, Chris Poulter, said:

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

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

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

19:15
Nusrat Ghani Portrait Ms Ghani
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The people I mentioned have all made it very clear that they do not think it is a waste of money. I can confirm for my hon. Friend and others that there is only one budget for HS2, and it is £55.7 billion. The bit we are talking about today, phase 2a, is £3.5 billion. The benefit-cost ratio is £2.30 for every £1 spent. There will always be people—we have heard some today—who will never support the project because of its impact in their constituencies, but we must not deny the positive impact it will have on the whole of our country.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Cheryl Gillan Portrait Dame Cheryl Gillan
- Hansard - - - Excerpts

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

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

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

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

Owen Paterson Portrait Mr Paterson
- Hansard - - - Excerpts

Will the Minister give way?

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

Very briefly.

Owen Paterson Portrait Mr Paterson
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - - - Excerpts

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

19:30
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

Antoinette Sandbach Portrait Antoinette Sandbach
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Ivan Lewis Portrait Mr Ivan Lewis
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Antoinette Sandbach Portrait Antoinette Sandbach
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

John Redwood Portrait John Redwood
- Hansard - - - Excerpts

Will my hon. Friend give way?

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

I am running out of time; forgive me.

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

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

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

Clause, by leave, withdrawn.

New Clause 4

Independent peer review

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

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

(a) environmental impact,

(b) economic impact,

(c) engineering, and

(d) governance.

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

(a) Government,

(b) HS2 Ltd, and

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

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

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

Brought up, and read the First time.

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

19:36

Division 433

Ayes: 213


Labour: 190
Independent: 7
Liberal Democrat: 7
Conservative: 6
Plaid Cymru: 2
The Independent Group for Change: 1

Noes: 253


Conservative: 246
Democratic Unionist Party: 6
Independent: 1

New Clause 5
Non-Disclosure Agreements
‘(1) The nominated undertaker, or any subcontractors thereof, must not enter into any non-disclosure agreement with any party in connection with the scheduled works unless the assessor of non-disclosure agreements related to the scheduled works (“the assessor”) has certified that it is in the public interest.
(2) The Comptroller and Auditor General must appoint a person to be the assessor.
(3) The assessor must be—
(a) independent, and
(b) a current or former high court judge, higher judge or Queen’s Counsel.
(4) In this section, “independent” means independent of—
(a) Government,
(b) HS2 Ltd, and
(c) persons contracted or subcontracted to carry out the scheduled works.
(5) The assessor must undertake his or her work with a presumption in favour of transparency and public accountability in matters connected to the scheduled works.
(6) The assessor must review any non-disclosure agreement between the nominated undertaker, or any subcontractors thereof, and any party in connection with the scheduled works and in place before this section comes into force to certify whether it is—
(a) in the public interest, or
(b) not in the public interest.
(7) The assessor may not determine that a non-disclosure agreement is in the public interest for the purposes of subsection (1) or (6) except for the reason that it is justified because of exceptional commercial confidentiality.
(8) If the assessor certifies under subsection (6) that a non-disclosure agreement is not in the public interest that non-disclosure agreement immediately ceases to have effect.
(9) In this section, a “non-disclosure agreement” means any duty of confidentiality or other restriction on disclosure (however imposed).”—(Antoinette Sandbach.)
Brought up, and read the First time.
Question put, That the clause be read a Second time:—
19:49

Division 434

Ayes: 217


Labour: 189
Conservative: 12
Liberal Democrat: 7
Independent: 6
Plaid Cymru: 2

Noes: 246


Conservative: 239
Democratic Unionist Party: 6
Independent: 1

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - - - Excerpts

Consideration completed. I will now suspend the House for no more than 10 minutes in order to make a decision about certification. The Division bells will be rung two minutes before the House resumes. Following my certification, the Government will be tabling the appropriate consent motion, copies of which will be available shortly in the Vote Office and will be distributed by Doorkeepers.

20:03
Sitting suspended.
20:07
On resuming—
Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - - - Excerpts

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

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

indicated assent.

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

[Dame Rosie Winterton in the Chair]

20:08
Rosie Winterton Portrait The Second Deputy Chairman of Ways and Means (Dame Rosie Winterton)
- Hansard - - - Excerpts

I remind hon. Members that, if there is a Division, only Members representing constituencies in England may vote. I call the Minister to move the consent motion.

Motion made, and Question proposed,

That the Committee consents to the following certified clauses of, and Schedules to, the High Speed Rail (West Midlands – Crewe) Bill:

Clauses and Schedules certified under SO No. 83J as relating exclusively to England and being within devolved legislative competence

Clauses 1 to 33, 35, 37 and 40 to 62 of, and Schedules 1 to 28 and 30 to 32 to, the Bill (Bill 397).—(Ms Ghani.)

Patrick Grady Portrait Patrick Grady (Glasgow North) (SNP)
- Hansard - - - Excerpts

We should not let these sittings of the English Parliament go completely unremarked. In particular, it is good to see the Secretary of State for Transport in his place because, of course, as Leader of the House he introduced the EVEL—English votes for English laws—processes in which we now rejoice.

As you said, Dame Rosie, as the Member for a Scottish constituency, I am completely diminished in these proceedings, having no opportunity to vote, but I am glad the House had an opportunity to do so earlier. One day, as I have said before, Members from England will speak in the Legislative Grand Committee but, once again, I fear we are to be disappointed this evening.

Question put and agreed to.

The occupant of the Chair left the Chair to report the decision of the Committee (Standing Order No. 83M(6)).

The Deputy Speaker resumed the Chair; decision reported.

Third Reading

20:10
Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Michael Fabricant Portrait Michael Fabricant
- Hansard - - - Excerpts

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

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

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

Rosie Winterton Portrait Madam Deputy Speaker (Dame Rosie Winterton)
- Hansard - - - Excerpts

Order. Before the Minister replies, I should say that I was in the Chair earlier. The Minister did look around eagerly during her wind-up for the hon. Gentleman and I fear he was not there.

Michael Fabricant Portrait Michael Fabricant
- Hansard - - - Excerpts

On a point of order, Madam Deputy Speaker. I did speak to the Minister earlier and she suggested that I intervene only once Third Reading had begun and not during the earlier stages. I only wished to comply with her.

Rosie Winterton Portrait Madam Deputy Speaker
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

Steve McCabe Portrait Steve McCabe
- Hansard - - - Excerpts

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

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

None Portrait Several hon. Members rose—
- Hansard -

Nusrat Ghani Portrait Ms Ghani
- Hansard - - - Excerpts

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

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

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

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

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

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

20:19
Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

We have had an extensive debate on phase 2a of HS2. Although the Bill is not as robust as the Opposition would have wanted it to be, not least in respect of the accountability and transparency that are needed to make the project succeed, it is so important that we press ahead by investing in vital infrastructure that will benefit not only the midlands but the north and beyond.

We look back with nostalgia and admiration at the Victorian rail infrastructure that has served us for 200 years, but it was a very different story in this place at the time. If one reads the debates in which Members tussled over different routes and projects, it feels like our approach to rail infrastructure has rarely progressed. One of my predecessors as MP for York, George Hudson, took things to the extremes; I assure the House that my dealings seek to achieve consensus and, ultimately, the right infrastructure across the transport network for our long-term future, and to do so transparently.

I formally put on record my thanks to the Clerks who have been so helpful trying to support our efforts to improve the Bill. As ever, we are indebted to their wisdom and advice in ensuring that we can use the mechanisms available to try to improve legislation. I thank all Members who have participated in debates and Committees to ensure that this part of HS2 is given the necessary scrutiny. In particular, I thank my hon. Friends the Members for East Lothian (Martin Whitfield) and for Ipswich (Sandy Martin) for their important role on the petitions Committee, and my hon. Friend the Member for Reading East (Matt Rodda), who kindly stepped in for me in Committee when I totally lost my voice.

It is always hard to pass legislation on infrastructure when many of us may not live to see the project’s completion, or may live far from the line; however, HS2 is a vital legacy that we must pass on to the generations to come, because the whole country will benefit from this infrastructure project. We have heard about the power of jobs to transform people’s lives. Whether in respect of building the infrastructure or the inward investment that we will see in towns and cities throughout the country, it is such an important project.

As we connect Birmingham to Crewe, over just 37 miles in phase 2a, confidence can start to build and investment can start to flow into places such as Crewe. My hon. Friend the Member for Crewe and Nantwich (Laura Smith) is fighting so hard for that. She will regenerate her community and provide all with new opportunities as a result of the decision taken by the House today. But it does not end there: the rest of the midlands and the north can now be encouraged that they, too, will benefit, as we start the process of debating the next phases, including delivering for Scotland. All we need now is to fully integrate HS2 with the rest of our rail network, to start to see the real benefits.

I am sure the House will not have to wait long, because a Labour Government is in our sights. We will build a public rail service, under the leadership of my hon. Friend the Member for Middlesbrough (Andy McDonald), that is there to serve towns and cities up and down the country. The power of modern rail services will not only transform communities and people’s life chances, but the scale of investment will enhance our environment as we realise the potential of rail to change how we move goods and people across the land. Let us have confidence that, in getting the arteries right to the midlands and the north, we can restart the heart of the economies and communities that have longed to connect to the transformative power that inward investment and jobs will bring. Labour is about transforming lives, and that is why we will support the Bill today.

20:19
William Cash Portrait Sir William Cash
- Hansard - - - Excerpts

Having listened to the Front-Bench speeches from both the Government and the Opposition, I could not disagree with both of them more. This Bill is a travesty. It is an abomination. I heard the Opposition spokesman say just now that it will transform the midlands, providing huge opportunities. I do wish that she would understand from what I said earlier that my constituents most emphatically do not agree with one word that she said—or, for that matter, with what the Minister said, either—because, as far as we are concerned, HS2 is a disaster. It is causing havoc in my constituency, in respect of property ownership, the environment and the economics. The trouble is, as I said earlier, that not a single report is in favour of this monstrosity. This white elephant should be condemned to the rubbish dump.

On the question of highways, let me refer briefly to a meeting that took place only two or three days ago. It was attended by the regional director for Highways England and by my constituents, including the redoubtable Trevor Parkin. The meeting lasted for two hours, and new information emerged. HS2’s detailed borrow-pit report, which was prepared for the National Farmers Union and finalised in April, undermines its claims about the 2,500 missing heavy goods vehicles at Hanchurch, as well as the false information regarding its ability to U-turn HGVs at Yarnfield that HS2 presented to Stone Town Council on 23 April. The meeting also covered the question of HS2 Ltd’s unsafe and unacceptable proposals for changes to the Hanchurch interchange and the A519.

On 3 July, there was also a meeting in Hanchurch village hall on Whitmore Road with the residents of Newcastle Road, which is on the A519. HS2 Ltd had nothing new to say or to offer, and I am told that its four representatives

“got a very hard time from the local residents. We asked for the designers (Arup) responsible for the shambolic design work, together with the HS2 person overseeing their work, to be made available for a further meeting, but HS2 stonewalled on this saying that these people did not attend meetings.”

We need the Minister to intervene to ensure that something actually happens. HS2 is not only an administrative disaster, costing a vast amount of money, with far too many people being hopelessly overpaid, but they just simply do not do their jobs properly.

For practical purposes, the question of lorry movements is a matter of the gravest concern to all my constituents, as, indeed, it is to my neighbour, my right hon. Friend the Member for North Shropshire (Mr Paterson).

As far as compensation is concerned, the amount of money made available to recompense people is inadequate. In addition, the way in which the compensation claims have been dealt with is completely unacceptable.

As was said in earlier interventions—my hon. Friend the Member for Stafford (Jeremy Lefroy) and I are completely on the same page on this—the bottom line is that the amount of money that is being spent requires a business case and one has not been provided. I voted for new clause 4 because I had hoped that might give an opportunity for a review, although the Labour party’s proposals would take effect only after Royal Assent.

The legislation needs to be repealed. I say, with respect to Ministers, that it is disgraceful that, in the dying days of this Administration, this Bill should complete its procedure when it has been so severely criticised by so many reports. I will not go into them now; I set them out in the Westminster Hall debate, and Ministers know the ones to which I refer. The bottom line is that this is not the time to put this Bill through and to give it the final seal of approval from the House of Commons. This should have been deferred until the review, promised by one of the candidates for the Conservative leadership who I hope will become Prime Minister, has had the opportunity to grapple with the terrible anxieties and difficulties that have been inflicted on my constituents. I condemn this Bill. It is a disaster; it is a white elephant; and it deserves to be sent to the graveyard.

20:29

Division 435

Ayes: 263


Conservative: 210
Labour: 45
Democratic Unionist Party: 6
Liberal Democrat: 2

Noes: 17


Conservative: 11
Labour: 3
Plaid Cymru: 2
Independent: 1

Bill read the Third time and passed.

High Speed Rail (West Midlands-Crewe) Bill

1st reading & 1st reading (Hansard): House of Lords & 1st reading (Hansard)
Tuesday 16th July 2019

(4 years, 9 months ago)

Lords Chamber
Read Full debate Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 15 July 2019 - (15 Jul 2019)
First Reading
15:17
The Bill was brought from the Commons, read a first time and ordered to be printed.

High Speed Rail (West Midlands - Crewe) Bill: Revival

Carry-over motion & Bill reintroduced & Bill reintroduced: House of Commons & motion to revive Bill: House of Commons
Monday 2nd March 2020

(4 years, 1 month ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 15 July 2019 - (15 Jul 2019)
Eleanor Laing Portrait Madam Deputy Speaker (Dame Eleanor Laing)
- Hansard - - - Excerpts

Before I call the Minister to move the motion, I should inform the House that Mr Speaker has not selected any amendments.

20:38
Andrew Stephenson Portrait The Minister of State, Department for Transport (Andrew Stephenson)
- Hansard - - - Excerpts

I beg to move,

That if a Bill is presented to this House in this session in the same terms as those in which the High Speed Rail (West Midlands - Crewe) Bill stood at the last stage of its proceedings in this House in the 2019 session—

(a) the Bill so presented shall be deemed to have passed through all its stages in this House, and

(b) the Standing Orders and practice of the House applicable to the Bill, so far as complied with or dispensed with in the 2019 session, shall be deemed to have been complied with or (as the case may be) dispensed with in this session.

That the above Orders be Standing Orders of the House.

I am delighted to be here this evening to undertake my first piece of parliamentary business as the new Minister for high-speed rail. I have been given specific oversight of this hugely significant project.

The High Speed Rail (West Midlands - Crewe) Bill, also known as the phase 2a Bill, concerns a section of HS2 that will extend the railway from the end of phase 1, just north of Birmingham, to Crewe. Hybrid Bills are unusual and relatively rare. A hybrid Bill is both a public Bill and a private Bill in one—hence, hybrid. The Bill could be characterised as an alternative planning consent process.

The Bill was introduced into this House in July 2017. It passed its Second Reading in January 2018 and moved into its Select Committee stage. Over 300 petitions were received. In response, two additional provisions were promoted that made changes to the Bill to resolve those petitions. That process took over a year. Hearings finished in the spring of 2019, and the amendments were agreed. The Bill then completed its stages in this place and moved to the House of Lords, where it had its Second Reading last September.

It is normal for a Bill like this to carry over from one parliamentary Session to another. The previous Parliament did not make time available to secure carry-over motions, so I am bringing the Bill back today with this revival motion. Private Bills that are not carried over are often revived. Revival has been used before for a hybrid Bill. For those who may be geeky and interested, the process is set out in “Erskine May”, in paragraph 37 of chapter 45 on page 1,162.

Andrew Percy Portrait Andrew Percy (Brigg and Goole) (Con)
- Hansard - - - Excerpts

This is indeed very geeky and technical, and all very interesting, but can I urge the Minister, particularly when he responds to the debate, to talk about the benefits of HS2 and how we can bring those benefits online now? May I particularly commend to him the new Siemens rail factory that is coming to Goole, with £250 million of investment, and our excellent steelworks at Scunthorpe, which already supplies Network Rail with all of its railways, thereby demonstrating the benefit to the whole of the country of this Bill?

Eleanor Laing Portrait Madam Deputy Speaker (Dame Eleanor Laing)
- Hansard - - - Excerpts

Order. The hon. Gentleman asks the Minister whether he can make certain commendations. He can try, but I am afraid he cannot, really, because this is a very, very narrow motion on procedure; it is not a debate on the merits or otherwise of the Government’s railway policy.

Andrew Stephenson Portrait Andrew Stephenson
- Hansard - - - Excerpts

Thank you for that guidance, Madam Deputy Speaker. I can, however, assure my hon. Friend, who is a doughty champion of the Brigg and Goole constituency, that 98% of businesses involved in HS2 are British, and approximately 70% of the contracts already awarded are going to small and medium-sized enterprises. I am sure he will continue to champion the businesses in his constituency to ensure that they get the maximum benefit from this scheme.

Edward Leigh Portrait Sir Edward Leigh (Gainsborough) (Con)
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On a procedural point, my hon. Friend will be aware that there are some experienced politicians who could use various tactics to delay this measure. I would not like to join those people. Can I just mention, though, that if we are spending £100 billion on this, my constituents are very keen on the Government giving £1 million only to London North Eastern Railway for our through train to Grimsby and Cleethorpes via Market Rasen? I would very much hope that the Minister, in terms of procedure and ensuring a smooth passage and support for this measure, could perhaps give a gentle green light to my through train for just £1 million.

Eleanor Laing Portrait Madam Deputy Speaker
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Order. No, the right hon. Gentleman cannot talk about Grimsby. I call the Minister.

Andrew Stephenson Portrait Andrew Stephenson
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Thank you, Madam Deputy Speaker. Once again, I am tempted to talk about a very laudable proposal from my right hon. Friend. I know that the Minister of State, my hon. Friend the Member for Daventry (Chris Heaton-Harris), who is sitting next to me, sees significant merit in that proposal and will hopefully be looking at it in due course.

William Cash Portrait Sir William Cash (Stone) (Con)
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As my hon. Friend may know, the amendment that I proposed, which has not been selected—I do not complain about that, or rather I complain about the principle but not about the action—says that these Standing Orders would contradict fundamental constitutional principles. Bills come to an end in the Session in which they were introduced unless a carry-over motion is passed before Prorogation or Dissolution. It is extremely rare, and almost unique, for the process that we are now witnessing to take place. I just put that on the record; I have further points that I am sure the Minister is expecting me to make later.

Andrew Stephenson Portrait Andrew Stephenson
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I note my hon. Friend’s concern. My direct reference to “Erskine May” would, I hope, have put his mind to rest as to why we are using this procedure in this rather unique circumstance.

Since the Government have decided that HS2 should go ahead and that phase 2a should be built, we now need to take the next step, which is to revive the Bill. This motion has the same effect as a carry-over motion, and if Members agree it today, the Bill will resume in the same place that it stopped. That means it will pass to the House of Lords, where it would resume its Select Committee stage. Passing this motion therefore allows the progress already made to be kept. It allows those directly affected to continue with the legal processes they still have to complete, safe in the knowledge that the changes they requested to the Bill and previously received will be kept.

20:44
Andy McDonald Portrait Andy McDonald (Middlesbrough) (Lab)
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I welcome the Minister to his place. The Labour party is supportive of the motion—as can be seen from the massed ranks of the Opposition behind me right now!—because we see HS2 as key to boosting regional economies and reducing climate emissions. It is essential for increasing rail capacity and freeing up other lines for freight use. I rather think that some of the troubles we have had with High Speed 2 might have been avoided had we come up with another name for it, but that is by the by.

Successive Conservative Transport Ministers have shown themselves lacking in competence and unable to oversee the finances and governance of HS2, among other infrastructure projects. In recent years, the Government have presented inaccurate information to both Parliament and the public about the cost of HS2. The public need to have confidence in the project, but sadly the Government have undermined that with their failure to exercise any control over not only costs but redundancy payments. There is real concern that the true costs of the project were known to be much higher than the figures that the Government continually promoted. As the project progresses, it is essential that there is much greater transparency.

In addition, when the contracts for phase 1 were being granted, despite hedge fund managers making a packet out of the inevitable demise of Carillion, this Tory Government crashed on regardless, awarding the doomed organisation a valuable HS2 contract.

Michael Fabricant Portrait Michael Fabricant (Lichfield) (Con)
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I am curious. The hon. Gentleman says that he does not believe the figures for the cost of HS2 reflect reality. He may well be right. What does he think HS2 will cost?

Andy McDonald Portrait Andy McDonald
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We are told that the cost has risen from £57 billion to £80 billion, and rumour has it that it is now more than £100 billion. I am not in a position to make an informed judgment because I am not in possession of the information that Ministers have, but people are understandably concerned about costs increasing at such a rate.

Bernard Jenkin Portrait Sir Bernard Jenkin (Harwich and North Essex) (Con)
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In fact, the Carillion collapse meant that all the Carillion liabilities for the contract were transferred to the two other contractors. Where was the harm in that? Was that not a rather skilfully let triple contract?

Andy McDonald Portrait Andy McDonald
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On the contrary, it was one of the most cataclysmic episodes of the HS2 story. When everybody and his dog knew that Carillion was in difficulties, and hedge fund managers were making millions on the demise of Carillion, this Government ploughed on with it, regardless of the information that was in the public domain. It was clear evidence of utter incompetence.

The Oakervee review was correct to say that HS2 must be a fully integrated part of the modern railway system and must extend to the great cities of the north, linking up with Crossrail for the north and on to Scotland, to curtail the demand for domestic flying in this country at the earliest opportunity.

Bob Seely Portrait Bob Seely (Isle of Wight) (Con)
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One issue that many people like me on the south coast have, which I hope Ministers will look at, is that the average speed from London to Portsmouth and Southampton has not changed since the 1920s. At the moment, we are seeing vast amounts of money going into a project of mixed popularity, to put it mildly, while people in Southampton, Portsmouth and my constituency of the Isle of Wight will be struggling with speeds—

Eleanor Laing Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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Order. We are not talking about the Isle of Wight. We are talking about a procedural motion.

Andy McDonald Portrait Andy McDonald
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I take that admonishment, Madam Deputy Speaker, and simply satisfy the hon. Gentleman by saying that the Labour party entered the last general election with a fully costed regional plan that would have served his area adequately.

The dividends in reduced emissions are immense, and I encourage the Government to articulate that argument better at every opportunity. We are concerned that the links to Manchester and Leeds are now under review and could even be downgraded. The Government have repeatedly broken their promises of investment in the north, with the region set to receive just a fraction of the investment to be made in London, and a northern powerhouse simply has to be much more than a slogan.

HS2 must be developed with more sensitivity to local communities and much more sensitivity to the environmental impact, particularly on modern and ancient woodlands across the country.

David Simmonds Portrait David Simmonds (Ruislip, Northwood and Pinner) (Con)
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Will the hon. Gentleman give way on that point?

Andy McDonald Portrait Andy McDonald
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I will give way, save that I may incur your wrath, Madam Deputy Speaker.

David Simmonds Portrait David Simmonds
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I have a very specific point on this issue. One of the lessons from my constituency about the first phase of HS2 is that commitments given to this House on earlier phases have simply not been honoured by HS2 Ltd. I would encourage us, and ask the Minister, to consider how we can hold it robustly to account on this second phase to ensure that, when commitments and promises are made to this House about how local communities and individual families will be treated and supported sensitively and they are not honoured, there must be consequences.

Andy McDonald Portrait Andy McDonald
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I think the hon. Gentleman makes a very valid point. The issues of governance and communication have to be improved, and I think everybody in the House would agree with that.

On modern and ancient woodlands, I just make the point that the commitment to the speed of this project may have to be reviewed. I think the commitment to going in straight lines at 250 mph has to be taken into consideration. If we look at the TGV in France, the average speed of that high-speed link is 187 mph, and that does not impact on its efficiency.

If the project is to have full public support, the fares on HS2 must be affordable and comparable with the rest of the fare system on the rail network. It has previously been intimated that for HS2 to gain the confidence of the public, it cannot be a premium service. If HS2 is successfully to replace so many long-distance journeys, it has to be an integral part of an affordable and accessible railway.

The Transport Secretary should ensure that the procurement of HS2’s rolling stock is conducted in a way that makes sure the trains will be manufactured in the UK and will benefit the UK supply chain. Could the Minister inform the House of what steps the Secretary of State is going to take to ensure that the delivery of HS2 is closely co-ordinated with Network Rail’s ongoing work programme and the development of Northern Powerhouse Rail?

Given the amount of public money that is to be spent on delivering HS2, it is essential that the Government ensure that HS2 services are run under public ownership, so that British taxpayers can see a return on their investment in supporting the UK economy, rather than in enriching private companies or foreign state-owned companies. Her Majesty’s Opposition are indeed supportive, and we look forward to the progress of the project.

20:49
William Cash Portrait Sir William Cash (Stone) (Con)
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In a nutshell, I am seeking an assurance from the Minister, which I hope I will be able to get before the end of these proceedings, that phase 2a should be reviewed by Sir John Armitt at the same time as phase 2b, for which he has already been given terms of reference. Basically, it boils down to this: it is being suggested that the construction of phase 2a should follow quickly after phase 1—this view has been reinforced by the Oakervee review, which concluded that the Government should consider merging the construction of phase 2a with phase 1—but this is not only an unnecessary but an undesirable idea, and furthermore it is unrealistic.

I refer now to the actual motion before the House, which says that the Bill

“if…presented to this House in this session in the same terms as those in which the High Speed Rail (West Midlands - Crewe) Bill stood at the last stage of its proceedings…the Bill…shall be deemed to have passed through all its stages in this House, and…the Standing Orders”

adjusted accordingly. Given this motion and the arguments I am presenting, that means that we are bound to have regard to what the Bill says, and the extent to which it will be dealt with under the procedures that follow these novel and unique changes to the Standing Orders.

As we heard from the Minister, phase 1 of HS2 received Royal Assent in February 2017. It has not progressed because the main works civil contractors have been unable to come up with a design that can be delivered for the budget available. Phase 2a has not yet received Royal Assent, so we are at least a couple of years away from all this happening. Given the proposed changes to the Standing Orders, and the manner in which it is deemed that the Bill is being carried forward, is important to note that phase 2a is required only if phase 2b west is constructed according to current proposals. Crucially, those proposals could be changed by the Armitt review, and all that phase 2a would effectively achieve would be to connect HS2 to the west coast main line approximately 58 km further north—at Blakenhall, south of Crewe—rather than at the Handsacre link. With the estimated cost of phase 2a now rising to £6.6 billion, it is not wise—this is the crucial point—to commit to phase 2a without knowing what Sir John Armitt might conclude regarding phase 2b.

This project will cause immense damage to my constituents, although I will not expand on that at this juncture as that point is related to ground conditions and matters that I could go into in more detail only if I had more time. In a nutshell it comes to this: HS2 Ltd produced a report in 2019, and it is clear that it faces a shortfall of fill along the entire length of phase 2a. Such fundamental questions can be taken into account under the proposed changes to the Standing Orders now being discussed only if realism prevails.

Will the Minister use this opportunity to give an assurance on the Floor of the House that phase 2a will be treated, in some shape or form, in the context of what Sir John Armitt will consider with regard to phase 2b? The two things are interlinked, and as this is a railway that goes from north to south, it is essential that it all fits together. If phase 2b is to be reviewed by Sir John Armitt, for the reasons I have already given it is essential that phase 2a is also considered in the review by Sir John Armitt. Otherwise—I say this with a great generosity of heart—the Minister may find that if he does not do what I am suggesting, they will get to phase 2b and find that phase 2a does not work. If that does not work, we will end up with a railway that is not be capable of being constructed.

In light of the changes to the Standing Orders, I am offering a realistic appraisal that will make possible a proper review not only of phase 2b, but of phase 2a, which is what the Bill is about. I do not need to expand on that any more. I am concerned about compensation for my constituents, and about a range of other matters that lie outside the motion before us. In a nutshell, it is essential that phase 2a and phase 2b are somehow brought within the framework of the terms of reference issued by the Government for Sir John Armitt to consider. If we get that, we will at least be able to have a proper consultation, and on that I rest my case.

21:00
Geoffrey Clifton-Brown Portrait Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)
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The most interesting speeches in this place are always given when one does not expect to make them. I am sure that what I am about to say will not find favour with a lot of my colleagues, but sometimes one has to stand up in this place for what is right. I spent over a year on the phase 1 hybrid Bill Committee. We delved into that railway in enormous detail. I am sure that my colleagues who served on the phase 2a Committee, which also took nearly a year, delved into that in huge detail as well. I commend the motion to the House. This resurrection motion is the correct thing to do.

I started my service on that Committee opposed to the railway on the grounds that it was high-speed rail. However, it is nothing to do with high-speed rail; it is all about capacity. Unless we take passengers and freight off the east coast and west coast main lines, our roads will clog up, journey times will become completely untenable and we will fail to meet our carbon targets in 2050. The revival motion is therefore right and we need to build this railway. We need to build not only phase 1, but phase 2 and phase 2b.

As deputy Chairman of the Public Accounts Committee, I want absolute value for money. I have already seen, in the phase 1 Committee, some of the horrors that took place. The evidence before us was, in many cases, disingenuous. The costs of the things we were doing were not fully costed. Nor was it fully understood how they could be delivered. I would be very concerned if the motion led to the same things on phase 2a.

Let me, with a little bit of latitude, give the Chamber some examples of what we found. The chief finance officer for HS2 Ltd asked permission in writing to pay enhanced redundancy payments. He was told not to, but he went ahead and did it anyway. That cost the taxpayer nearly £2 million. On Wednesday, the Public Accounts Committee will examine the costs. We will consider why £2 billion of savings—most of this is expected to come from phase 1 and phase 2a, which is what we are negotiating tonight—are probably undeliverable. Whatever the costs at the moment, they will be higher than whatever anybody says.

We need to build this railway. We need to increase capacity on our railways. We need to get cars and freight off our roads, otherwise they will clog up. That is why I support the motion.

21:02
Kieran Mullan Portrait Dr Kieran Mullan (Crewe and Nantwich) (Con)
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I am grateful for the opportunity to speak, because this matter is hugely important to my constituency. I welcome the revival of the Bill, and hopefully its imminent passage, as evidence of the Government backing Crewe and backing the north. If you will allow me, Madam Deputy Speaker, I want to explain why I support the revival of the Bill.

I was glad to have had the opportunity to host the Minister at Crewe station just last week, where he got to hear first-hand about what is already happening locally: businesses opening up in Crewe and the plans Cheshire East Council has to create a new economic hub around the station. The revival of the Bill will accelerate the positive changes we see locally.

William Cash Portrait Sir William Cash
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Does my hon. Friend accept that originally the railhead was going to be in Crewe? It was only frustrated by decisions on housing grounds taken by the district council. In fact, it was dumped on Stone in my constituency without any notice.

Kieran Mullan Portrait Dr Mullan
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I cannot pretend, as a new Member, to have my hon. Friend’s knowledge of the intricate detail and the history of the development of the railway line. However, whether we support or oppose it, we all have a duty, when decisions on individual stations are looked at in detail, always to be open-minded to change if things are undergoing scrutiny. Ultimately, as I will come on to say, if we are building a major new railway it is inevitable that some people will face a negative environmental impact and some will have some part of the railway deposited on their patch, which they are not happy with. If we allowed that to, in effect, put a moratorium on the development of major infrastructure, that would not be the right decision for this country, even if individual Members were unhappy with it.

On what does work for my constituents, they are not very interested in getting to London 30 minutes quicker; they really are not very interested in that. What they are interested in, and what we must remind them of in terms of what we get from HS2, is that it opens up capacity as we shift inter-city traffic on to HS2 so there are more routes and journeys available to them. Faster routes tend to push the local services off the track. They welcome HS2 because it means we can transport more freight by rail. Local businesses in my area cannot get freight on to rail. When they can do that, they will be more competitive and we will move congestion off the roads. If you drive around the A roads in Crewe at night, you will see lorry after lorry after lorry parked up. That is how things are moved around and we need to switch back to the railway.

Michael Fabricant Portrait Michael Fabricant
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Does my hon. Friend not realise that there is a danger that for constituencies such as mine that are not directly served by HS2—of which there are many along the west coast main line—moving freight on to the west coast main line could result in a diminution of passenger services to cities such as Lichfield?

Kieran Mullan Portrait Dr Mullan
- Hansard - - - Excerpts

I go back to my original point: at the moment, those more local services are hampered by the use of the west coast main line for freight and inter-city services. We will see an opening up of local routes if we move ahead with HS2, not a diminution of them.

On passengers and peak-time travel, at the moment price control is used to control peak-time travel. People cannot come down to London at 8 o’clock because the tickets are extortionate, primarily because that is the only way that we can manage the over-capacity at peak times. If we move the inter-city journeys at peak times on to HS2, there will be more, cheaper, accessible peak-time travel on the west coast main line and it will still get people to London in an hour and a half.

Another thing that my constituents will welcome is the link to the northern regions through Northern Powerhouse Rail.

Christian Wakeford Portrait Christian Wakeford (Bury South) (Con)
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Many people have framed this argument as being between having only HS2 or Northern Powerhouse Rail. Does my hon. Friend agree that we can have both, and both can work together?

Kieran Mullan Portrait Dr Mullan
- Hansard - - - Excerpts

Absolutely. It is not either/or; it is about working together. High Speed North is a rebranding and a new way of organising this—we should firmly hammer that point home—and it is about making this project one that is led in the northern regions by the northern regions, for the northern regions. I welcome that change in the governance.

Robert Largan Portrait Robert Largan (High Peak) (Con)
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Further to what my hon. Friend the Member for Bury South (Christian Wakeford) pointed out, people in London were not forced to choose between Crossrail and Crossrail 2. It is completely wrong to try to force people in the north to choose between HS2, Northern Powerhouse Rail and other key infrastructure projects.

Kieran Mullan Portrait Dr Mullan
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Absolutely. Inevitably, projects overrun. That is unfortunate and not something that we welcome, but they do, and the fact that this has overrun should not mean that we therefore cancel it, because other people have not had to make the same choice in the south.

HS2 is a fantastic opportunity for Crewe. We have an amazing heritage and enormous local expertise in the rail industry. Crewe is and has always been a fantastic railway town. Passing the Bill and the delivery of the railway will create thousands of skilled jobs in Crewe for people helping to build the railway line.

I understand the concerns about the natural environment and I commend colleagues from constituencies where the impact will be greatest for speaking up on behalf of their residents. That is absolutely the right thing for them to do, but as I mentioned, any new major railway line connecting our cities and towns will have some degree of environmental impact. That is inevitable. We must be realistic about whether some of the strongest critics—they are not all in this House; some are outside this place—will ever really be satisfied. If we listen too closely to the voices of opposition in terms of trees and the environment, we will put a moratorium on creating major new rail and road infrastructure in this country, and that cannot be the right decision.

It is simply not feasible to suggest that we can deliver significant new capacity on our railway networks through a piecemeal approach. Network Rail estimates that it would take almost 30 years of weekend closures for even less of a result in terms of increased capacity. When this was last done on the west coast main line, the budget exploded. It might be harder to track and there might be fewer newspaper-worthy headline figures, but hundreds of smaller projects are at just as big a risk of overrunning and overspending. We need to get better at controlling costs when building infrastructure, full stop. The answer is not to halt the big-ticket items where the failings are most easily seen, because they are there on small projects, too. It is just not so easy for a journalist to add up the figures over 100 different projects and put that in a newspaper. We should not listen to that kind of criticism; it is not valid.

I recognise the significant costs involved, but this is being spent across two decades. It will work out as approximately £4.4 billion a year. The context of the timescales is too often lost when we use the headline figure. Network Rail spends around £6 billion a year on maintaining and making much smaller upgrades to our rail network, and we are planning to spend £40 billion over the next five years on other projects outside HS2. The idea that we could build a brand-new major railway line for much less than the £6 billion a year already being spent is fantasy. Let’s be ambitious for our nation. Let’s look forward, not down at our feet, get on with delivering this project and send the message to the world that the UK is open for business.

21:09
Michael Fabricant Portrait Michael Fabricant (Lichfield) (Con)
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I note with interest that the motion talks about revival. To me, it is the revival of a corpse; it’s like a Hammer movie. We talk about connectivity. My hon. Friend the Member for Crewe and Nantwich (Dr Mullan) talked about the need for additional capacity, and I agree, but let us at least do it properly. The aim was to get people off aircraft—people who want to fly to Paris from Manchester, for example—but that isn’t going to happen, is it? Instead of going to St Pancras, connecting with HS1 and going straight through to Paris, people will have to change in London. It will not replace air travel. Yes, it will provide extra connectivity, as far as Crewe and London are concerned, but it will not meet the guidelines of what was originally intended for HS2.

Why is it going in straight lines? It is going in straight lines because it was intended to go at 220 mph, but the Oakervee review says it will not go at that speed; to save money, it will go at about 150 or 160 mph instead, in which case it could have gone alongside the M40 or the M1, as Arup originally proposed, which would have saved at least £20 billion of taxpayers’ money and been less environmentally damaging.

When it comes to a vote, if it does come to a vote this evening, I will vote against revival, but not because I am against extra capacity. Of course I want extra capacity and of course I recognise that the west coast main line is working at near-100% capacity, but I totally disagree with my hon. Friend the Member for Crewe and Nantwich, who completely misunderstands the situation. It is fine for Crewe, but not for all those towns, such as Stone and others, along the west coast main line; extra freight on that line will mean less passenger traffic. Anyone with an ounce of mathematical or engineering skill can see that.

I am very angry about this. When I see a project that could have been done so well destroyed by people such as Lord Adonis and then rather stupidly adopted by a Conservative Government, when we could have had an HS2 based on the Arup plan, which would have been cheaper, connected better and been environmentally less damaging, I ask: has the House lost its mind? When I see the Labour party supporting the Government, I know the House has lost its mind, because whenever there is agreement between both sides of the House we know something is wrong.

Some might call this a revival, but for me it is a dead, rotten corpse that we are trying to bring to life. Despite the Government’s support—and despite the fact that the former Mayor of London said that Euston was not capable of moving traffic away from it now, let alone with HS2, because there is not enough capacity on tube trains or for buses for all the people coming down now—I am afraid I have to oppose it, not just for the sake of the people of Lichfield, but in the hope that maybe some day someone in this House will say, “Enough is enough. If we are going to do something, let’s at least do it properly”.

21:14
Theo Clarke Portrait Theo Clarke (Stafford) (Con)
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I am pleased that the Government have finally made a decision on HS2, and I welcome the fact that the uncertainty over the project is now at an end. Many of my constituents who are directly affected disagree with the project but have told me over the last few weeks that the overwhelming feeling now is that if we are going to do it, we should get on with it but do it properly. However, throughout my constituency, compensation claims remain unresolved, house purchases have entered another year of limbo, and farms and local businesses have been left wondering whether they can prevent themselves from becoming insolvent before HS2 will agree to a settlement.

Let me give some specific examples. Mr and Mrs Tabernor have told me that their farmhouse may be demolished, and they have been told by HS2 Ltd that they cannot retire and move to their farm cottage, allowing their son to live in the farmhouse, because that would invalidate their blight notice. They have already been waiting for years for a resolution, and that, in my view, is simply unacceptable. After five years or more of negotiation, Ingestre Park Golf Club is also still waiting for HS2 to come to the table and finally thrash out a reasonable agreement, and that too is not acceptable.

Residents of Hopton, Marston and Yarlet, whose house sales remain in limbo, have told me that they cannot make an offer for a new home because some Stafford estate agents now refuse to deal with anyone selling to HS2. It concerns me that they view HS2 as either too unresponsive or too difficult to deal with: that hardly gives confidence to me or my constituents.

Geoffrey Clifton-Brown Portrait Sir Geoffrey Clifton-Brown
- Hansard - - - Excerpts

May I tactfully suggest to my hon. Friend—my friend, indeed, whom I congratulate on winning her seat—that this may be the moment of maximum leverage for her to secure a settlement on behalf of her constituents, and that she should send all the details to the Minister and ask him to look at them carefully?

Theo Clarke Portrait Theo Clarke
- Hansard - - - Excerpts

I agree with my hon. Friend, and I shall be doing that.

On a general note, when it comes to negotiating, let me make something clear. When people from HS2 visit the homes of my constituents, say that they are there to listen to their concerns, sit there having a cup of and a biscuit, and then tell them that they are being over-optimistic to expect to be paid the price at which their house or business has been valued and give them the silent treatment when they do not agree, that is not a negotiation; it is a bullying tactic. I was pleased when the Prime Minister, responding to my recent question to him in the Chamber, acknowledged that compensation needed to be paid, and I agree with him that we need an overhaul of HS2 Ltd, which, in my opinion, has managed the project poorly.

I was devastated to learn from so many of my constituents that they had agreed to sell their homes—in some cases, their long-standing family homes, where they had raised their children—for less than the market value, and that their mental health could not cope with the pressure that they felt they were being put under by HS2. If I sound angry, it is because I am. Let me provide some context for that

My very first piece of constituency casework on HS2 involved a member of my team who was counselling, and helping to secure mental health support for, one of my constituents who had told me that he could no longer cope with the pressure he was under. He said that everything was going to the wall because HS2 had refused to finalise negotiations. After lengthy and protracted work in an attempt to reach an agreement to move his family business, he was told by HS2 that it would prefer to “extinguish” the business. If a private company were operating in that way, it would be featured on the BBC’s “Watchdog” programme. HS2 must be held to account for its actions.

Let me be very clear. If my constituents are forced to take the strain of this project, they should also reap the rewards. I am pleased that the Government have finally committed themselves to the Handsacre link, which is vital now that the project is going ahead in Staffordshire.

Michael Fabricant Portrait Michael Fabricant
- Hansard - - - Excerpts

I fully understand my hon. Friend’s stance on the Handsacre link, but, given that it is in my constituency, does she understand the distress that it is causing people in Armitage with Handsacre?

Theo Clarke Portrait Theo Clarke
- Hansard - - - Excerpts

I absolutely agree with my hon. Friend.

When people in my constituency say that they are opposed to HS2, it is not because they are nimbys—as some have accused them of being—and I have not met a single resident who has not told me that that they want more investment in the north, and specifically in the west midlands. However, those residents are opposed to being treated as an inconvenience because their homes happen to be in the way of a railway that the Government want to build. They shudder when they hear that savings need to be found, because if past experience is anything to go by, it will not be HS2 salaries that go down; it will be the purchase prices and compensation paid to my constituents. However, I hope I am proved wrong.

Let me be clear: HS2 is going to happen, and if there is a vote tonight, I will reluctantly support the Government, but if HS2 is going to hang over the heads of my constituents, we must get on with it as soon as we can. Our first priority must be to finalise all the negotiations that are taking place and let my constituents get on with their lives. The advert once said “Let the train take the strain”, and I hope it does, because at present the strain that it is putting on my constituents is unacceptable. I support the Government in building national infrastructure, but the lack of adequate compensation for my constituents and the delays by HS2 are simply unacceptable. I am grateful to the Prime Minister for his assurances on compensation, but I would like to ask my hon. Friend the Minister for clarity on when it will be delivered. I also want to ask the Minister and his departmental officials to sit down with me to go through every single outstanding case in Stafford to ensure that my constituents are no longer left in HS2 limbo. They deserve that from the Government.

21:20
Owen Paterson Portrait Mr Owen Paterson (North Shropshire) (Con)
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I will be brief, because I am sure that others want to speak. I remember hearing the news about this when I was in the Cabinet. In 2010, we were told that the project was going to cost a little over £30 billion, that it would give a direct link from the north straight to HS1, opening up all the opportunities of the continent, that it was going to go directly to Heathrow, with all the advantages that that would bring, and that it would cut out short flights from Manchester and Liverpool down to Heathrow. That is not going to happen. Instead, we are going to go to somewhere called Old Oak Common. This might be a very charming place. It might have many attractions, but my constituents do not want to go to Old Oak Common. They want a direct link to HS1 and the continent, or they want to go to Heathrow.

And what has happened to the money? The money is absolutely out of control. It was £30 billion. Then we were told it was £80 billion. The latest estimate is £100 billion. The very worst figure I saw in a Sunday paper was £230 billion. Put brutally, this is Victorian technology: rolling around the country in steel boxes on steel wheels on steel track is Victorian technology. It was revolutionary at the time, but now we have broadband. The chief executive of Openreach has said that for £30 billion, the original cost of HS2, we could provide superfast fibre to every single one of the 30 million properties in the country. That would deliver far greater social, educational and economic benefits than spending this titanic sum.

It is with some regret that I have seen this project slip and slip. I have seen it with my own eyes, locally, in the village of Woore. It is effectively a salient of Shropshire sticking out into Cheshire and Staffordshire—a village of 1,200 people, a large primary school and an already busy main road, quite a lot of which has no pavements. This means that small people go to school without a pavement to walk on. HS2 announced suddenly—notices were put up in Woore, and we were told this at a meeting—that there would be 600 vehicles a day passing through the village during the construction phase. At 24 vehicles a day, a project has to get permission under section 17 of the Town and Country Planning Act 1990, but we are talking about 600. We have had numerous meetings with HS2. I give all credit to HS2: it has always come along, but it has not budged an inch. All that we have done is double the time of the construction phase, so that instead of 600 vehicles a day, there will be 300 a day—

Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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Will the right hon. Gentleman give way?

Owen Paterson Portrait Mr Paterson
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I will not, because we are getting very short of time.

So on that local issue, I have got absolutely not an inch out of HS2. It has been completely inflexible. It is insisting on taking traffic round three sides of a rectangle, with a journey of about 14 miles, although it could have used a direct route of 6 miles. I am completely disillusioned with this project at national level, and I cannot see how we can justify this titanic sum of money. As my hon. Friend the Member for Lichfield (Michael Fabricant) said, the original plan was for the track to go up the M40. We were going to have very fast trains that would deliver a substitute for flight times, which is not going to happen.

William Cash Portrait Sir William Cash
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Is my right hon. Friend aware of the fact that Lord Berkeley has sent a letter to the Chancellor of Exchequer giving full details of the £231 billion to which he has referred?

Owen Paterson Portrait Mr Paterson
- Hansard - - - Excerpts

I am aware of that, and what is so worrying about the review is that it was totally split. Someone who is hopefully very respected by the Labour party, Lord Berkeley, is obviously strongly opposed to this.

Looking at the clock, I will finish quickly. At local level, I am totally opposed to this, and I have not had a single bit of flexibility out of HS2. This is a real threat to my constituents in Woore and, on their behalf alone, I will vote against it. At national level, I cannot possibly vote for this titanic expenditure on what is now a very flawed project, so I will vote against it tonight.

21:25
Chris Loder Portrait Chris Loder (West Dorset) (Con)
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As someone who worked in the railway industry for 20 years, I come to this debate from the opposite direction to my hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown). I was a firm supporter of HS2 and believed it was the right thing to do, but I am afraid I have become much more sceptical of the project.

That said, the Government’s decision has been made, and so has the strategy for HS2. West Dorset has one of the worst rail frequencies in the country—the line between Yeovil, Dorchester and Weymouth has one of the worst frequencies—and, for those of us in the wider south-west, it is important that the Government Front Bench understands we have great concerns that HS2, and particularly phase 2a, should not deflect the Government’s attention and their requirement to deliver the infrastructure projects we require in the south-west.

Simon Jupp Portrait Simon Jupp (East Devon) (Con)
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Warm words for the south-west are welcome, but cold, hard cash is what is needed. The south-west voted for this Government en masse, and it is time we also saw the chequebook.

Eleanor Laing Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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Order. There is very little time left, and I made it clear at the beginning that this is not about other constituencies. The hon. Gentleman can refer to his constituency, but this is about a very specific matter.

Chris Loder Portrait Chris Loder
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I equally want to make sure that we are as supportive of the Government as possible. Those of us who are moving in this debate need to be absolutely assured so, in his summing up, I would like to hear the Minister give us the confirmation and assurance that HS2, particularly phase 2a, will not affect the Government’s previous commitments to deliver schemes such as the A303 and Great Western diversion resilience for the people who supported them.

21:28
Adam Afriyie Portrait Adam Afriyie (Windsor) (Con)
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My brief contribution will not be about the merits or disbenefits of HS2 but about the novel motion before us. I have not seen anything like it in my 15 years in this House, and I therefore seek two points of clarification from the Minister in his summing up.

First, will passing this motion today, irrespective of the effect on the Standing Orders of the House, pass the budget for HS2, or will there be a further opportunity to vote for or against and to contribute to a debate on the budget and the cost of HS2?

Secondly, have contracts been signed at the figures we have seen thus far? If they have not been signed, does this measure enable the signing of contracts? Will this House have an opportunity to examine those contracts and the amount of money assigned to them before this goes any further?

This is a novel motion, and it is important that the House understands the implications of proceeding via this route rather than the more traditional route for bringing legislation back to the House.

21:30
Andrew Stephenson Portrait The Minister of State, Department for Transport (Andrew Stephenson)
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I should like to reply to as many of the issues raised today as I can while discussing the motion. First, I am grateful to all right hon. and hon. Members who have taken part in the debate this evening. In his speech, the Prime Minister made it clear that things at HS2 need to change, and decisive action is being taken to restore discipline to the programme. I have been appointed to oversee High Speed 2, Northern Powerhouse Rail and the trans-Pennine route upgrade, ensuring that there is one Minister dedicated to focusing on this project, allowing many of the other issues that have been raised in the debate, such as the issues in the south-west, to be focused on by my ministerial colleagues in the Department.

Anthony Mangnall Portrait Anthony Mangnall (Totnes) (Con)
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In his remarks, the Prime Minister also alluded to the fact that the Beeching line fund would be £1.5 billion. Can the Minister confirm that, and, if so, will he be able to suggest that more money can be levelled up across the entire United Kingdom, not just in relation to the HS2 line?

Andrew Stephenson Portrait Andrew Stephenson
- Hansard - - - Excerpts

I thank my hon. Friend for that point. He will be aware that we have officially launched our £500 million Beeching reversal fund and details about additional funding will of course be made available in due course, but the Prime Minister has been crystal clear about our intention to invest heavily in bringing back rail routes and stations and to level up all parts of our country.

John Redwood Portrait John Redwood (Wokingham) (Con)
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Does not the short debate this evening show that the project is very different from the one that the previous Parliament approved, and that the Opposition have invented a magical railway that is very different from the one that the Bill actually captures? That shows that we need to debate this again properly, rather than rushing the thing through and regarding it as settled. It is clearly not settled and is a highly contentious project.

Andrew Stephenson Portrait Andrew Stephenson
- Hansard - - - Excerpts

I appreciate that my right hon. Friend has been a long-term opponent of the scheme, but I would say that the motion before the House tonight is very limited. There will be many future occasions to debate the issue, I am sure.

There are about six minutes left, so, Mr Speaker, if you will allow me, I must make some progress in responding to some of the comments made by right hon. and hon. Members. The Prime Minister has made a firm commitment that we will get hold of this project and have a firm grip on it. It goes alongside a programme of wider transport investment. The Prime Minister outlined a vision for a revolution in local transport to ensure that our towns and cities in every region have the modern joined-up network needed to fire up economic growth.

Let me turn to the points raised in the debate. My hon. Friend the Member for Stone (Sir William Cash) has been a vocal opponent of HS2 for many years, speaking frequently and eloquently on behalf of his constituents, and I understand the concerns he has expressed tonight. He asks whether I would consider not providing phase 2a until the phase 2b review has been completed, so that phase 2a can be looked at again in the light of the integrated rail plan. What I would say to him is that in giving his go-ahead to HS2 in this House on 11 February, the Prime Minister committed the Government to getting on with building phase 2a immediately and this has been reflected in the terms of reference set out for the integrated rail plan. However, I appreciate my hon. Friend’s concerns, and although I cannot change the terms of that review I am keen to work with him to ensure that the views of his constituents are heard throughout this process. I am therefore happy to commit to working with him and facilitating meetings with HS2 Ltd to address the deep concerns that I know he still holds as the Bill completes its passage.

Geoffrey Clifton-Brown Portrait Sir Geoffrey Clifton-Brown
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Will my hon. Friend give way?

Andrew Stephenson Portrait Andrew Stephenson
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I am sorry, but we are perilously close to running out of time. My hon. Friend the Member for The Cotswolds (Sir Geoffrey Clifton-Brown) spoke eloquently in support of the motion. He is right on capacity and he is right in what he said on carbon. I want to reassure him that the Government are taking decisive action to restore discipline to the programme and I welcome the oversight that will be brought by the Public Accounts Committee to that project.

Geoffrey Clifton-Brown Portrait Sir Geoffrey Clifton-Brown
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On that point, will the Minister give way?

Andrew Stephenson Portrait Andrew Stephenson
- Hansard - - - Excerpts

indicated assent.

Geoffrey Clifton-Brown Portrait Sir Geoffrey Clifton-Brown
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I thank my hon. Friend. The Public Accounts Committee has had two inquiries and we are about to have another. There is universal agreement on this side of the House tonight that we need to get control of the governance of the thing and we need to get control of the cost. Will my hon. Friend give an absolute assurance to the House tonight that he will redouble his efforts to get control of the costs?

Andrew Bridgen Portrait Andrew Bridgen (North West Leicestershire) (Con)
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Will my hon. Friend give way on that point?

Andrew Stephenson Portrait Andrew Stephenson
- Hansard - - - Excerpts

No.

My hon. Friend the Member for Crewe and Nantwich (Dr Mullan) talked eloquently about the benefits to his constituency, and it was great to visit his patch last week. My hon. Friend the Member for Lichfield (Michael Fabricant) has been consistent in his opposition to High Speed 2, but I am afraid that I agree with his good friend Andy Street; this scheme has huge benefits for every part of the west midlands and we need to move forward. My hon. Friend the Member for Stafford (Theo Clarke), despite being elected only in December, has already raised with me the concerns of her constituents by phone, text, WhatsApp and letter, in face-to-face meetings and again in the Chamber today. I have been left in no doubt about the strength of feeling in her constituency and about the fact that she will work tirelessly to represent all those directly affected by this section of the line. I share her concern about the way some people and communities have been treated by HS2 Ltd, and it must improve, as the Prime Minister said on 11 February. She asked about a timeline for compensation. As she will know, HS2 Ltd is required to pay landowners 90% of HS2 Ltd’s valuation within three months of receiving a claim or the date of possession, whichever is the later. The time taken to agree a settlement will often depend on the time parties take to negotiate and agree a property’s valuation and other statutory compensation. However, this is an area where I want to see real improvement, and I will be happy to meet her to discuss specific constituency cases and what more can be done to end the uncertainty that has hung over people for far too long. I thank her for the tone of her remarks tonight.

My right hon. Friend the Member for North Shropshire (Mr Paterson) raised his concerns about cost. We have made it clear that we are committed to drawing a line under the past problems of cost control, and the Government recognise that things must change going forward. The latest cost estimate, as outlined in the Oakervee review, indicates that the full network cost will be between £72 billion and £98 billion, in 2019 prices. My hon. Friend the Member for West Dorset (Chris Loder) raised issues relating to the south-west. I can reassure him that we will not take our focus off other issues, particularly those he raises. That is why the Minister of State, Department for Transport, my hon. Friend the Member for Daventry (Chris Heaton-Harris) is here with me tonight, and it is why the Government are spending £48 billion between 2019 and 2024 on the conventional rail network. My hon. Friend the Member for Windsor (Adam Afriyie) asked a few questions, on which I may come back to him, but this measure does not pass the budget—there will be many more debates.

Finally, I wish to remind the House of the reasons for bringing forward this motion to revive the Bill. By reviving the Bill, we allow those who are directly and specifically affected by the building of this section of HS2 to get the earliest possible resolution to their petitions. We prevent the need to restart this Bill, saving time and money for those who have already petitioned and protecting the investment already made by the taxpayer. This Government want to get on and provide certainty to those affected by phase 2a, the west midlands to Crewe section of the line. By reviving this Bill tonight, we provide that certainty to people as quickly as possible. I commend the motion to the House.

Question put and agreed to.

Ordered,

That if a Bill is presented to this House in this session in the same terms as those in which the High Speed Rail (West Midlands - Crewe) Bill stood at the last stage of its proceedings in this House in the 2019 session—

(a) the Bill so presented shall be deemed to have passed through all its stages in this

House, and

(b) the Standing Orders and practice of the House applicable to the Bill, so far as complied with or dispensed with in the 2019 session, shall be deemed to have been complied with or (as the case may be) dispensed with in this session.

That the above Orders be Standing Orders of the House.

High Speed Rail (West Midlands-Crewe) Bill

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 9th November 2020

(3 years, 5 months ago)

Grand Committee
Read Full debate High Speed Rail (West Midlands-Crewe) Act 2021 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 142-II Second marshalled list for Grand Committee - (9 Nov 2020)
Committee (1st Day)
14:33
Clause 1: Power to construct and maintain works for Phase 2a of High Speed 2
Amendment 1
Moved by
1: Clause 1, page 1, line 18, at end insert—
“( ) The commencement of the scheduled works may not take place until the Secretary of State has presented a bill to Parliament providing for the construction of a high-speed railway from the West Midlands to Leeds.”
Lord Adonis Portrait Lord Adonis (Lab)
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My Lords, it is a great pleasure to start the Committee stage of the Bill. On behalf of all noble Lords, I thank the noble and learned Lord, Lord Hope, and his colleagues, some of whom are here today, for the extraordinary work they did on the Bill in the Select Committee that considered the private interests at stake, which are considerable, given that we are building an entirely new railway. I had the privilege of sitting in on part of the Select Committee’s consideration and was extremely impressed by the way it handled this business. The House is enormously indebted to the noble and learned Lord and his colleagues.

We now come to the public interests at stake. The most important is clearly how the line from Birmingham to Crewe interacts with the wider plan for HS2, and that is what my amendment refers to. The key issue now is the scope of HS2 as a full project. This is clearly the extension of the first phase of HS2, London to Birmingham, which is currently being built. I am glad to say that it is now beyond the point of no return, with 250 construction sites between London and Birmingham, more than £10 billion having been spent and thousands of workers on-site. This is a critical national project for building better after Covid and enhancing the nation’s infrastructure.

However, the question is what the scope of HS2 will be north of Birmingham. Here, I wish to probe the Minister. The plan for HS2—which has been accepted by the Government and is the one laid down by the Labour Government, in which I was privileged to be Transport Secretary—is a 330-mile HS2 scheme extending to Manchester in the north-west and to Sheffield and Leeds in the north-east, in both cases connecting to the main lines going further north: the west coast main line, going on to Liverpool and Glasgow in the west, and the east coast main line, going on to Newcastle and Edinburgh in the east. However, the big issue now arising is what will happen to the eastern leg. By pursuing this measure, the Government are making clear their determination to go on to Manchester, since obviously, a high-speed line is not going to stop at Crewe. Indeed, the Government reaffirmed the detail of the route going into Manchester, including the quite tricky issues regarding the layout of the station and track at Manchester Piccadilly station a few weeks ago.

At the same time, the Government also raised a very big question mark about the line going to Sheffield and Leeds. They did not reaffirm the route. They could have done so because the route was agreed in detail when I was Secretary of State and has been reaffirmed several times since, with amendments to take account of further consultation, in which the biggest issue was the treatment of Sheffield, particularly the genuinely difficult question of whether the eastern leg should go through Sheffield or through Meadowhall, to the east of Sheffield. That has now been resolved, with the plan being to go through Sheffield itself. No one has so far produced a better plan than that, but the Government said a few weeks ago that they intended to consult further on that issue. A whole load of acronyms come into play at this point, with reviews of different lines in the north and how Northern Powerhouse Rail might interact with them. Given that, with any of those different schemes, the ultimate question is whether or not HS2 is built, in a sense they are irrelevant. Obviously, HS2 has to be integrated properly with other lines when it is built, but that does not affect the fundamental question of whether it is built or not.

The general view among stakeholders is that the Government are separating what was going to be a single phase 2b, which would have been Crewe to Manchester and Birmingham to Sheffield and Leeds, into either a phase 2b and phase 2c—that is, building Crewe to Manchester first and then Birmingham to Sheffield and Leeds—or, which I think is much more likely if the two are separated, cancelling the eastern leg. That might not be for ever; I suspect that once the line is built through to Manchester, the wave of concern on the eastern side of the Pennines will be so great that ultimately, we will end up building a line to Leeds. But it will not be part of the original HS2 scheme, and it could be opened 20, 30 or even 40 years after the Manchester line is opened.

So, I am keen to press the Minister on what the Government’s position is. I am expecting her to give me a lot of waffle: words that do not mean anything in terms of a firm commitment. She will tell us that there is a further review—she is nodding—and that it will report by the end of the year. I know all the stuff that is likely to be coming from the civil servants but, because I am still fairly well connected with her department and what is going on, I can say that at the moment a battle royale is taking place within Whitehall as to whether the eastern leg will proceed.

There is a confluence of forces that, unfortunately in this case, are extremely malign. Dominic Cummings, the Prime Minister’s chief adviser, has never liked HS2 and tried to get the whole thing cancelled. He was unable to persuade the Prime Minister of that in respect of the first phase, which is why the Government announced in February that London to Birmingham would definitely go ahead. It would have been truly perverse to have cancelled it at that stage because it was already being constructed, so it is proceeding. Because the part of the Bill dealing with Birmingham to Crewe was already in play and the implied commitment to Manchester was therefore simply too great—there are also some very powerful Conservative forces in Greater Manchester that want the line to proceed—he did not feel strong enough to oppose that.

What he is doing now is seeking to axe the eastern leg by means of endless review, and in this, of course, he has an ally in the Treasury, which has always been sceptical of HS2 because it does not like making big, long-term infrastructure commitments of any kind. With Covid-19 and all the pressures arising thereafter, having a long-standing and further review will, of course, suit its purposes in any event. That is the situation that we face now.

I am not expecting—I am a realist in these matters—that the power of my rhetoric this afternoon will change the Minister’s mind and enable her unilaterally to make declarations that she would not otherwise make. I am well aware of what is going to come in a few minutes’ time. I am making these remarks—and will repeat them on Report—and hoping to build a coalition of supporters, particularly those who are affected by what might happen on the eastern leg, in order to build up public pressure on the Government. As with the first phase of HS2, it is only public pressure, particularly in relation to the impact on the levelling-up agenda—which the Government themselves say they believe in, and which will, of course, be wrecked if HS2 goes only one side of the Pennines—that will force the Government ultimately to commit to building both the eastern and the western legs.

In that cause, let me make clear, as the original architect of the scheme, why the eastern leg is so important. The three big arguments for HS2—capacity, connectivity and speed—are interconnected and apply equally to the eastern leg of HS2 through to Leeds as they do to the western leg through to Manchester. The capacity constraints of the Victorian railway—or, I should say, in large part the pre-Victorian railway, because the London-to- Birmingham railway opened before the coronation of Queen Victoria and is nearly 200 years old now—were just as great over time, although not immediately as great, on the Midland main line, which goes to Sheffield from St Pancras, and the east coast main line, which goes to York and Newcastle from King’s Cross. This was an absolutely critical factor in persuading Sir David Rowlands, the first chairman of HS2, and me, as Secretary of State, to proceed with the integrated plan for both the eastern and western legs. If we do not proceed with HS2 going through to both Manchester and Leeds, ultimately we will have to upgrade the Midland main line and the east coast main line, which would be ferociously expensive.

The noble Lord, Lord Bradshaw, is speaking after me; he is a very eminent railway engineer and manager. My noble friend Lord Berkeley is in the Grand Committee as well. They might not be aware of it, but they were hugely influential in my making the decision to go east as well as west, because when I was Secretary of State, they came to present to me a plan for the upgrade of the east coast main line. The east coast main line, as noble Lords who know about the layout of the railways may know, has massive capacity constraints. In particular, the Welwyn Viaduct, which is very close to the beginning of the line at King’s Cross, is a huge and really problematic bottleneck on the line. It is one of the biggest viaducts in the country and can take only two tracks of what is otherwise a four-track railway, going all the way through to the Midlands. It would be ferociously expensive to widen, quite apart from the big planning battles that would ensue and the fact that there are big commuter flows across that line; Welwyn North station is actually on the edge of the viaduct.

When the noble Lords presented their plan to me in 2009, it entailed a £12 billion incremental upgrade of the east coast main line. I hope that I am not telling any stories out of school when I say that the moment that the two noble Lords left my office, the chief engineer of HS2, who was present with me at the meeting, said, “You can double all of those figures immediately” and that was then, in 2009. The chief engineer said that the cost of replacing Welwyn Viaduct alone—which is what would have to be done—would be several billion pounds. The cash cost is only the beginning of the problems that would be faced in upgrading the east coast main line, because, of course, the cost of disruption of one of the busiest main lines in the country would also have to be faced.

The cost of disruption was a big factor in the decision to go ahead with HS2, rather than carrying through yet another upgrade of the west coast main line. As noble Lords will be aware, in 2009 we had only just completed the previous upgrade of the west coast main line, which cost—in 2000 prices—£9 billion. It would be significantly more than that now to conduct a further upgrade. Of that £9 billion, £1 billion was needed to pay train operating companies not to run trains, because there were very complicated and expensive compensation payments. That did not begin to compensate private individuals and companies for the inconvenience and disruption costs of not having a railway for this period, which had been going on for the best part of 10 years. All those arguments will apply to the Midland main line and the east coast main line if there have to be upgrades because it is not possible to extend HS2 through to Leeds.

14:45
A final significant factor is connectivity and the economic benefits. In the original White Paper on HS2 in March 2010 there is, to my mind, an absolutely critical table giving the gross value added by town and city relative to London, since London is the economic, as well as the political, capital of this country and has by far the highest gross value added—that is straightforward wealth—of any settlement in the land. This shows that the areas with the highest gross value added in England are almost without exception those that are, by travelling distance, an hour or less from London. Travelling distance is the key determinate here: it is not geographical distance; it is travelling distance by rail from London. That is why most of the major commuting centres that are so wealthy in and around London are within an hour of commuting. This is an absolutely critical premise on which HS2 is founded and is why speed and connectivity come into the argument about capacity and economics as well. The key factor of HS2 is that it brings our three greatest Midlands and northern cities—Birmingham, Manchester and Leeds—all within an hour of London. Because of some route changes that have been made in the cases of Manchester and Leeds, some are slightly more than an hour, but they are still basically within an hour. Once we get faster running of the trains on this line, they will all be within an hour.
If we do not proceed with the eastern leg of HS2—and that is dependent on the existing conventional lines being upgraded in due course—the travel times from London to these great cities will be as follows: half an hour from London to Birmingham; an hour from London to Manchester; two hours from London to Leeds; and three hours from London to Newcastle. There is therefore a factor of two and three in respect of Leeds and Newcastle. This will decimate the economies of the eastern Pennine cities and the north-east if they suffer that degree of disadvantage in connectivity and time-distance from London. It is not just London either: the integrated nature of HS2 means that the north is integrally connected not just with London but with Birmingham.
Birmingham is the second city in the country, but because it was linked by Victorian railways, all of which were competing and separate, Birmingham is effectively a branch line on the west coast main line. That is why it takes almost as long to get from Birmingham to Manchester and from Birmingham to Leeds as it does to get from London to Manchester and London to Leeds. An integral part of HS2 is that Birmingham will be the first stop on it; it dramatically reduces the journey times from Birmingham to Manchester and from Birmingham to Leeds to half an hour in both cases. However, if the HS2 eastern leg is not built, we will have a half-hour journey time from Manchester to Birmingham, but a one-and-a-half to two-hour—depending on where you are going from—journey time from Leeds and the east Midlands through to Birmingham.
All of these factors combined would be catastrophic for the economies of Yorkshire and the east Midlands if the western leg of HS2 proceeds without the eastern leg. These are hugely important issues—and I apologise for detaining the Committee for longer than normal—that go to the whole future economic and social geography of this country. It is vital that we proceed with the eastern as well as the western leg of HS2. Although I do not think that my remarks this afternoon will have persuaded the Minister to make any dramatic statements in her reply, I hope that they will strongly encourage the political and business leaders of the east Midlands and Yorkshire to campaign ferociously for the eastern leg of HS2 to proceed alongside the western leg; otherwise, we will proceed with, in effect, just half of the project for levelling up the Midlands and the north. I beg to move.
Lord Bradshaw Portrait Lord Bradshaw (LD) [V]
- Hansard - - - Excerpts

My Lords, it is a great pleasure to follow the noble Lord, Lord Adonis. I was in the House when he introduced the original high-speed rail proposals. I think I appended a plaudit to his name then: I said that he was a sort of second Brunel, because at least he had the vision as to what could happen rather than thinking how difficult it was to do everything. It is extraordinarily difficult. I do not applaud the way in which HS2 has gone about it. It has been slow, it has been extravagant and it could have done the job better, but there remain important things to be done.

I wish to start by talking about the east Midlands, which has the lowest attainment and the lowest social mobility of the whole country. It is low down in the Government’s plans for investing any money anywhere, and it is extremely important that it be brought back into the fold, because much of the area is shamefully neglected. Train journeys from places such as Lincoln, Leicester and Derby into Birmingham average only about 30 miles per hour. That sort of speed would be quite unacceptable to people in other parts of the country.

This morning we saw published an RAC motoring report which somewhat joyfully hailed the death of public transport and the fact that at some point in the future we would have cars that emitted no pollution. It said that people would flock to their cars. In fact, congestion is caused by the vehicles being there, and previous attempts to build our way out of congestion on the roads have generally been an abject failure and have cost the country huge sums of money.

In Birmingham is an organisation called Midlands Engine, which reports up the various channels to a mayor in Birmingham who I believe is an avid Conservative. But go and talk to him about what he thinks about cutting a large part of the east Midlands out of the benefits which come from having a high-speed railway.

The noble Lord, Lord Adonis, mentioned the Welwyn viaduct. It is an impossible obstacle. I have tried many times in my railway career to see how it might be overcome, including by going to New Zealand at my own expense to see how the Japanese had attached wings to Auckland Harbour Bridge to make the road wider. That sort of thing cannot be done on a railway. Nothing but destruction would be wrought over the whole valley for a long time if anybody were to attempt to rebuild that viaduct.

As the noble Lord said, there is an extremely complicated compensation system, designed at privatisation, that perversely means that when you set out to improve a railway, the people you are improving it for get compensation for your efforts. It is a most ridiculous system which I hope might be one of the things addressed in the review of the railway which Keith Williams started—but I do not quite know where that is now.

One good thing to come out of recent developments in HS2 is the concept of a through station at Manchester. When we talk about the north-east, we see the need for a through station at Leeds, because the concept of terminus stations in the middle of high-speed lines is a very stupid one. I strongly support what the noble Lord, Lord Adonis, has said. It is incumbent on the Government to come clean, particularly with the large number of people in the east Midlands, many of whom voted for them at the last election, and to say, “Yes, we are going to build better, a lot better, because, by rebuilding, we can not only restore fast services but free up local services, which are so awful, and bring them up to modern standards”. I hope that the Minister might have some encouragement for us at the end of this debate.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP) [V]
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My Lords, it would probably be quite difficult to find two people who think more differently about the first leg of HS2 than me and the noble Lord, Lord Adonis. I disagree with a large part of what he said: the first leg is a dinosaur of a project. It is economically and environmentally disastrous. That it has gone ahead in spite of the Treasury and Dominic Cummings being against it staggers me—something has clearly gone wrong there.

However, I support the amendment, because it is important that there is a shape to the future. At the moment, I know that people in the north are extremely worried that HS2 will be seen by the Government as something that serves London, with the north forgotten. The Government have said that a Bill for the northern part of HS2 will not be brought forward until they have developed their overall strategy for rail transport in the north. That means that they could abandon that part of HS2 as well as the east-west railway, which Boris Johnson specifically promised as part of the Conservative manifesto and probably helped him win the election and the seats in the north. Without extending to the north, HS2 has zero hope of delivering on the already questionable value-for-money assessment conducted by the Government. Quite honestly, the north will judge the Government on whether its railways go ahead.

Lord Liddle Portrait Lord Liddle (Lab) [V]
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My Lords, I want to say how much I agree with the sentiment expressed by the noble Lord, Lord Adonis, in his comprehensive speech. I was on the committee and, of course, I want this Bill to go ahead, but it is pretty pointless unless we see it as part of a much bigger project, which is to close the gaps between the north of England, the Midlands and London. I strongly support the argument that the eastern arm must go ahead, but I also support the idea that massive rail improvements must be attached to HS2. There must be an HS3-style cross-Pennine route; there must be a lot of investment in the provincial services that would link the towns of the north to the cities with HS2 links. This is a very grand project for Britain, but we have to face the fact that in terms of regional inequality we are one of the worst cases, if not the worst case, in western Europe. We have to do something to address that.

The Government have made a lot of their commitment to the levelling-up agenda. My view is that that agenda is not scattering around odd tens of millions in trying to brighten up town centres in the north of England; it should be a comprehensive plan for improving connectivity across the whole country, of which HS2 is a fundamental part.

15:00
I am speaking to your Lordships from Cumbria, and I am a Cumbria county councillor. A lot of my colleagues say to me, “Why are you so keen on HS2? That’s not going to do anything much for us.” I think it is. Those who say we should be spending our money instead on improving the Cumbria coastal line—well, yes, of course we should, for instance, be improving that; it is a provincial railway that needs much improvement—but the whole point of these local improvements is that we have to have much greater connectivity with the cities, London and the south-east.
I would like to make one point about poor connectivity in the north of England. There was a little flurry of debate over the summer about whether the House of Lords should be relocated to York. It would take me longer to get from Carlisle to York on the train than it does from Carlisle to London, so poor is the connectivity in the north of England. I would like to see very fast connections to London but also, as part of this, fast connections across the Pennines. This would make the journey to York, and places in the east Midlands, an awful lot quicker as well. We have this comprehensive plan for improving transport connectivity, and we are either serious about this levelling-up agenda or we are not. We need to know from the Government what their position is.
Lord McNicol of West Kilbride Portrait The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)
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After the next speaker, I will call the noble Lord, Lord Berkeley, who is present in the Grand Committee.

Lord Haselhurst Portrait Lord Haselhurst (Con) [V]
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My Lords, first, I must pray for your indulgence, as a Member of your Lordships’ House who has not been here long enough to understand in depth all our procedures in handling legislation. My experience of procedure was gained in the other place. It was perhaps that background which made me think, as I looked at the amendment proposed by the noble Lord, Lord Adonis, that it had all the smack of the Second Reading debate about it. Indeed, in the content of the speeches made already, we have ranged pretty far away from the literal purposes that could be ascribed to the amendment. However, I doff my metaphorical hat in the direction of the noble Lord, Lord Adonis, recognising that he probably has greater paternity rights for HS2 than any other colleague.

It is a project that does excite me, for all sorts of different reasons. I am a Yorkshireman, and I certainly would be stung by any possibility that the full concept of HS2 was not to be completed, and that east of the Pennines was going to be neglected. I represented a Greater Manchester seat for a number of years in the House of Commons, and I also have great feeling for the mood that, somehow, the north—be it one side of the Pennines or the other—has been left behind. Therefore, I am heartened by the commitment that the Government have shown so far, even if it does not go as far as some noble Lords would wish.

I could also extend my geographical connections to the Welwyn Viaduct. I worked in Welwyn Garden City for about 10 years and it was a sight I saw every day. I recognise the tremendous constraints that presently exist on that railway. But I do not see how this amendment—although it has been the spark for the wide-ranging debate we have been having—actually helps matters, so far as the construction of phase 2a is concerned. It would be a danger, in fact: if we were to have prolonged debate about the necessity of HS2 phase 2b, that could actually delay progress on the West Midlands to Crewe section of the railway.

My last point is that the Government cannot afford to waste the political capital that they may be said to have gained in the last couple of years by their commitment, now confirmed, to this railway. It is fundamental to their credibility that progress must be made. I do not think that any lingering doubts that have been legitimately expressed by my noble colleagues should stop us cracking on with HS2 phase 2a. That in itself will create a momentum to see that, in due time, the whole job gets done.

Lord Berkeley Portrait Lord Berkeley (Lab)
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My Lords, I thank the Select Committee and the chair for the report. At least two colleagues who are speaking to this amendment—the noble Lords, Lord Snape and Lord Liddle—were on the Select Committee and I think it did a good job. My only concern is that the House has not had the opportunity to receive the report formally and debate it, but that is something for a different day.

I do not support this amendment, but not for the reasons that the noble Lord, Lord Adonis, might think. Whatever the timings of phase 2a—we can debate those at length—I think the Government are right to think again on 2b, particularly the east side. I hope they will also think again on the last part into Manchester. Several noble Lords have talked about the importance of regional services and I suppose my vision would be to see the north—and the Midlands—get a rail service that is as good as the commuting service around London. I think most noble Lords would agree that there is a big difference between them at the moment. That really affects the customers. You have to remember that most rail customers in those areas are doing short or medium journeys every day—or they were before coronavirus—and a lot of them are doing them by car. If the services were better, more reliable and more frequent, maybe, I think a lot of them would transfer to rail, which is good for the environment.

We have to debate whether it is more important for people in those centres to get to London more quickly or to go elsewhere. I was struck, going around with a short consultation for the Oakervee report, how many of the people we talked to in the regions were actually just as interested in going north—from, say, Leeds to Newcastle—as they were in going to London. As my noble friend Lord Liddle has said, he can get to London very quickly but he could not get to York quickly if the House ever moved there. He is actually arguing, with me, that the importance of regional services needs to be incorporated into the rethink of HS2—if this is what is happening.

The other thing about the present HS2 design is that it is wrong to terminate at buffer stops at Manchester and Leeds. The trend across Europe for many years has been not to have buffers if you can run trains straight through, because that saves a lot of space and perhaps a lot of cost, and gives much more flexibility. Of course, it is better for the passengers, too. Brussels, Lille and Lyon Satolas are examples. I could explain them all, but I do not think I need to. I hope that the Government will therefore take the time to listen to the various interests in the north and the Midlands and come up with a plan that integrates local and regional services with any faster link to London that they plan.

My other reason for wanting to speak today is to do with money. I am not going to start arguing about how much HS2 might or might not cost, but there is a question about how it might be financed. My understanding has always been that government would like to see HS2 financed in the private sector, certainly when the construction has moved forward. Of course, this is what happened with HS1, which, I think, was sold off to the private sector for about £2 billion.

HS1 is now in quite serious financial trouble because its revenue from Eurostar is evaporating, as are the Eurostar services. I am told that there will be only one return journey a day to Brussels and one to Paris from the beginning of December. Okay, the Javelins are still running, thanks to government support for domestic services, but I have to ask what the Government are doing to preserve the Eurostar service and HS1 while the coronavirus is stopping people travelling.

As the Minister will know, I have been asking for a long time how much money the Government are giving to the different modes of transport internationally from the UK to other parts of Europe and the Republic of Ireland. I am always told that that is confidential, but I can help her with that if she does not want to tell me. I can tell her from publicly available information that the Government are spending about £1.4 billion on helping the ferry services and the ports support Brexit, which I have no complaint about. There was the £12 million for the non-existent ferry service, which noble Lords will remember. Ministers seem very keen to spend a lot of money on the airlines. The Secretary of State made a speech on 19 October on sorting out airport slots. I am not sure why we need to sort out the slots, because nobody is flying much these days. The Government are spending £55 million on furlough for aviation employees, deferring loans and taxes, and providing £1.8 billion through Covid corporate financing, which, apparently, is 11% of total national funding under that programme, covering the whole sector.

We have to ask: why are the Government not doing anything to help the cross-channel passenger rail service? Noble Lords may know that, across Europe, the Commission has recommended that every member state reduce infrastructure charges or eliminate them entirely. France has done it for freight, and I hope it will do it for passengers. Eurostar, however, is losing £1 billion in revenue this year. This really cannot go on. What will it do? If it goes bust, presumably, it can sell the trains to the Germans because they work in Germany quite well. If ever anybody wanted to start going by train across the channel, it would probably take five years or so to get new trains. Surely there is a solution. HS1, when it was owned by the state, made about £2 billion for the Treasury. Surely the Treasury could give a little bit of it back.

I raise that issue in the context of this amendment to question gently: what is the point of building a new high-speed line north of London—be it 1, 2a, 2b west or 2b east, in any order we like—if the Government show so little support for high-speed rail as to allow HS1 possibly to go bust? If that happens, who in the private sector will invest in HS2 when they see the shabby way the Government are apparently treating the investors and owners of HS1 and Eurostar? I look forward to the Minister’s response.

15:15
Baroness Randerson Portrait Baroness Randerson (LD) [V]
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My Lords, I support the principle behind this amendment. We need a clear statement from the Government endorsing the full HS2 project. Anything less would fundamentally undermine the economic and social case for HS2.

Building only phase 1, from London to Birmingham, would simply make Birmingham a suburb of London, bringing it within the commuter belt. Building only phase 2a would destroy much of the economic case for high-speed rail, because only the more southerly parts of the western route would benefit from the regenerative impact of HS2, and the possibilities for improving local rail connectivity in the Midlands and the north would be much diminished. Put all this together and HS2 becomes much more questionable as an investment.

Sums that seemed eye-watering only nine months ago seem rather less daunting now that we have experienced in recent months the short-term government expenditure necessary to save us from catastrophe. But the pandemic has proved that we now need to invest for a greener future and a more sustainable way of living, and HS2 is a vital part of that.

Reference has been made in this debate to a recent lack of passengers on the railways and other impacts of the coronavirus. We are going to move on from this; there will be a time when people get back on to the railways, and the buses. It is important that the Government encourage people to do that. Therefore, HS2 and its progress need to be part of that picture.

Nevertheless, we still have to ensure value for money, which you do not get if you abandon the full concept of HS2 in the name of cost-cutting. Instead, you destroy the economic case and undermine the environmental benefits, because you are not producing a high-speed railway that is able to compete with internal flights and long-distance car journeys. HS2 will provide additional capacity, taking long-distance passengers off existing lines and leaving spare capacity for more freight and for shorter journeys and commuter trips.

The amendment of the noble Lord, Lord Adonis, raises the key issue of continuity. Building a railway is rather like having a mobile factory. The equipment and the skills move along the line with you as you build. Pause the process and the skilled workers disappear to other jobs and the equipment is repurposed, sold off and so on. Getting it all together again costs a lot more than just moving seamlessly on.

Behind this are the lessons of the electrification of the Great Western line, which reveal that message clearly. Expensive mistakes were made in the early stages because it was so long since any electrification of the railways had been done in UK that the expertise had to be built up from scratch. Further projects will inevitably be more cost-efficient, because the expertise, materials and equipment are all available now.

HS2 is, of course, already running well behind the original schedule, so there is a need to build it as quickly as possible. The amendment from the noble Lord, Lord Adonis, addresses that issue in its intention. There is already talk that phase 2b might not be complete until 2040. That is totally unacceptable. The north-east, and the north beyond Crewe in the west, need regeneration now. HS2 is a large piece of the jigsaw of initiatives that are needed.

On 7 October, the Government announced a consultation on several aspects of phase 2b. That closes on 11 December. Can the Minister tell us when the results of that consultation are likely to be made public and what she thinks will be the timescale for the Government’s decisions on it?

We can already see the regenerative impact of HS2 in Birmingham, and shovels are hardly in the ground. The north-east leg via Nottingham to Leeds, and the further part of the western leg to Manchester, need the certainty of the Government’s unequivocal commitment to the whole of HS2 now. I will listen to the tone of the Minister’s response with great interest.

Lord Tunnicliffe Portrait Lord Tunnicliffe (Lab) [V]
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My Lords, in general, we view the amendment favourably. It seems to have two points to it. The first is to try to secure some continuity, as spelled out by the noble Baroness, Lady Randerson. The concept of continuity in railway construction is a sound one. Unfortunately, it is a sound principle that we tend not to keep to. The key part of the amendment seems to be the question of whether Her Majesty’s Government will commit to building HS2 phase 2b to Leeds in full. For the avoidance of doubt, Labour’s answer is that we fully support the HS2 concept and the concept that phase 2b should be built to Leeds in full.

I think we already know what the Minister will say. Andrew Stephenson was asked this question in the other place on 22 October. He said that

“when the Prime Minister gave the go-ahead to HS2 in February this year, he said that we were committed to delivering phase 2b but how phase 2b was delivered would be subject to the integrated rail plan. We have been making significant progress with the integrated rail plan. Sir John Armitt and the National Infrastructure Commission have already published their interim report. We look forward to their further recommendations and to responding to them before Christmas.”—[Official Report, Commons, 22/10/20; col. 1213.]

That caused me to look up the interim report, since it seems central to how the question posed in the amendment will be answered. When I found it and skimmed through it, I came up with two questions. The first is very simple: when will the final report on this issue be published? The interim report promises that it will be published in November. It should be noted that Andrew Stephenson said that it would be published by Christmas. If it were published in November, it might be available before we get to Report, which would be extremely useful. When does the Minister expect the report to be published and when does she expect the Government’s response?

The other perhaps disturbing feature of the interim report is the commitment to a very different methodology from that used in the past. Essentially, what is said about a plan depends on the methodology and assumptions in the analysis that answers the question, to what extent and to what standard should the railway be built? Can the Minister assure the Committee that the methodology and assumptions will produce an answer no less favourable to the Leeds branch than those used in HS2? Put another way, if the criteria used in the original HS2 decision would say yes to Leeds but the new criteria say no, surely, this cannot be levelling up. I have seen precious few examples of levelling up, and a failure to build HS2 phase 2b to Leeds—indeed, a failure to build HS2 in full—surely is a statement that the commitment to levelling up is meaningless.

Baroness Vere of Norbiton Portrait The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
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My Lords, I thank the noble Lord, Lord Adonis, for tabling the amendment and all noble Lords who have taken part in this first debate in Committee on the HS2 phase 2a Bill. Before I go any further, on behalf of the Government, I extend my sincere thanks to the Select Committee. I am particularly grateful that its members agreed to undertake hearings for petitioners virtually. That was the first time this had been done and the noble and learned Lord, Lord Hope of Craighead, and the other committee members did an incredible job in the most challenging of circumstances. Where petitioners chose to appear in person, the committee undertook hearings in a hybrid fashion and handled all the different ways of working with ease. I therefore put on record my thanks, and those of the Secretary of State and the Government as a whole, for its work and ensuring that we maintained momentum on this incredibly important Bill.

Turning, then, to the debate on this first amendment, I note that many noble Lords know what I will say. I hope I will not disappoint and that I will get my words right. The noble Lord, Lord Adonis, is a great and very knowledgeable advocate for HS2 and I thank him for his continuing support for and dedication to getting the railway built, and for setting out so passionately his reasoning. Despite my appreciation for the noble Lord’s tenacity, I do not see that the amendment is needed. I also feel that potentially, it is very unhelpful.

There is simply no benefit or technical justification for making the progress of work on this section of railway—a very short one of just 36 miles, going from the West Midlands to Crewe, also known as phase 2a —contingent on the deposit of a Bill for the eastern leg of phase 2b. While the Bill is part of a much bigger project, as noted by the noble Lord, Lord Liddle, the amendment would delay works on phase 2a by a significant period, given the scale and complexity of hybrid Bills and the time needed for their preparation.

All being well, if we can get this Bill through your Lordships’ House, we expect work to commence in the early part of next year. It will not surprise noble Lords to hear that there is a window in the early part of next year in which the work needs to start; much of it is environmental work that is sometimes limited by the time of year in which it can take place. We do not want anything to delay the passage of the Bill and, therefore, the start of the works for phase 2a. Secondly, those works are intrinsically linked to work going on in phase 1. As the noble Baroness, Lady Randerson, noted, continuity is really important. The two works will eventually proceed alongside one another. Therefore, it would be better to get the Bill through.

We have come a long way in the last 12 months or so since Second Reading. We had the Oakervee review, in which Douglas Oakervee said that the whole of HS2 should go ahead, but that the Bills for phase 2b —there will be Bills, not a single Bill—should not be introduced to Parliament before the publication of the integrated rail plan, which, as noble Lords will have heard me say before, is due to be published by the end of the year. Delaying the beginning of works on phase 2a until an eastern leg Bill has been deposited in Parliament would serve only to delay the phase 2a works and the benefits of HS2 reaching the north and the Midlands.

15:30
When this section of phase 2a was brought forward ahead of the rest of phase 2 of HS2 back in 2015, the idea was to accelerate the benefits that this 36-mile section secures. Events since that acceleration announcement in November 2015 have conspired to delay this Bill, which is why it is so important that we maintain momentum now. Nevertheless, I reassure all noble Lords that plans to provide the benefits of high-speed rail to the east Midlands, Yorkshire and beyond will be confirmed following the publication of the integrated rail plan. Both the Prime Minister and the Transport Secretary have been clear that it is not a case of “2b or not 2b”, and that a properly connected line from the Midlands up to the north will be a key part of the HS2 project.
As the Prime Minister recently confirmed, there will be a doubling down on the strategy to level up across the country. Delivering HS2 is a major part of it and the integrated rail plan, which looks specifically at connectivity, is a major part of getting it right. While I empathise with the noble Lord, Lord Adonis, and other noble Lords in wanting to have a debate about the broader aspects of the HS2 project, that is not for now. It is not for Committee on the phase 2a Bill, but I will write if there is further information on some of the points raised by noble Lords.
I want to see works on this section of the railway under way as soon as possible. I am sure that the noble Lord, Lord Adonis, wants to see that too and, on the basis of this reassurance, I trust he feels able to withdraw his amendment.
Lord McNicol of West Kilbride Portrait The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)
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I have received no requests to speak after the Minister.

Lord Adonis Portrait Lord Adonis (Lab)
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I am grateful to all colleagues who have spoken, and to the Minister for replying to the debate. To be absolutely clear, I have no intention whatever of seeking to delay phase 2a. This amendment is a device to get a debate on what is to happen to the scheme as a whole. I am completely with all of my colleagues who have said that the importance of this is that we cannot see phase 2a in isolation. We obviously would not build a 36-mile high-speed railway in isolation; the interaction between phases 2a and 2b is the essence of the project, and I therefore make no apology for tabling this amendment.

A lot of good points were raised in the discussion. I fully respect the fact that the noble Baroness, Lady Jones, did not support the project to start with but she made the critical point that to build a railway stopping in Birmingham, and therefore to deny the north the benefits of the scheme and extend them only to the Midlands, would be perverse and counterproductive.

The point made by the noble Baroness, Lady Randerson, about the importance of continuity and mobile factories was very well made. One reason why our infrastructure costs are so high in this country is because of the stop-go attitude we have adopted historically to the building of major infrastructure. She mentioned the electrification of the Great Western Railway, which I also authorised when I was Secretary of State. The estimate that I was given then, in 2009, for the entire cost of the electrification of the Great Western from London right through to Bristol, Cardiff and Swansea was £1 billion. The noble Baroness can probably tell me what the latest estimate is, but when I last checked I think it was heading towards £4 billion, and it has been substantially descoped. For example, it is not going to Bristol Temple Meads but will now stop at Cardiff, which I would be very concerned about if I was in south Wales, and it has been massively delayed. That goes to the heart of the point the noble Baroness, Lady Randerson, made about continuity in projects. If we separate Birmingham to Leeds from Birmingham to Crewe and Manchester, and turn it into a separate project with discontinuity between the two, that alone would probably ultimately double or triple the cost of the project, as well as delaying it and therefore delaying its economic benefits.

My noble friend Lord Liddle said that there is a debate in the further north-west, going up towards Scotland in Carlisle and Cumbria, about the benefits. He is absolutely right that there will be direct benefits because it will take an hour off the journey time to Carlisle from London. However, he said that the saving in journey time would be to London and the south-east in that respect. It is absolutely crucial to understand that there is also a massive journey time saving to the Midlands, because the first stop on the line out of London is in the West Midlands and that is a huge benefit to the north-west, as it would be to the east Midlands and to Leeds if the eastern leg is built.

I am not going to respond to all the other points raised, except to congratulate my noble friend Lord Berkeley on his massive ingenuity in bringing in the services to Paris and Brussels. The Minister did not rise to that challenge but I assume that she will address it in due course.

Coming to the Minister’s response, I am now much more concerned. She speaks with such elegance that she is of course beguiling, but what she actually said in the content of her speech left me much more concerned after than before. She said something which I was not aware of before, but which I will take up and probe significantly on Report. She said that there will be Bills—plural—for phase 2b. I have never seen that stated by the Government in the past. It was always the intention, and I thought it still was the formal intention of Her Majesty’s Government, that phase 2b —that is, Crewe through to Manchester and Birmingham through to Leeds—would be encompassed in one hybrid parliamentary Bill, not more. Because I have sat on both sides of the fence, not just as Secretary of State but when in more recent times I was privileged to be on the board of HS2, I know that three years ago we were then preparing for a single Bill to take HS2 from Crewe through to Manchester, and Birmingham through to Sheffield and Leeds. I think that under the constrained proceedings of the Grand Committee, the Minister cannot respond to me again but maybe she might respond me to in writing.

Lord Adonis Portrait Lord Adonis (Lab)
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She can? Is it now the firm intention of the Government to split phase 2b and to have separate Bills for Crewe to Manchester, and then Birmingham to Leeds? The Government have made an extremely significant statement, if so.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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The noble Lord, Lord Adonis, will know that because the hybrid Bills sometimes prove so challenging to get through, if they are too large, it was one of the recommendations of Oakervee to produce smaller Bills. It is, therefore, yes, one of the things that the Government are looking at.

Lord Adonis Portrait Lord Adonis (Lab)
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I was not aware that the Government had stated that it was now their policy. The Minister has said that it is a matter of government policy this afternoon and that there would definitely not be a single Bill, so is it now the Government’s policy to separate the two?

Lord Adonis Portrait Lord Adonis (Lab)
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My Lords, I say to my colleagues and friends who lead local authorities and are MPs for constituencies in the east Midlands and Yorkshire that they should take careful note of that extremely significant statement, because what it means is—and just at that point, the Division Bell rings.

Lord Adonis Portrait Lord Adonis (Lab)
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Is it not? It is the Commons? It is so confusing. What that means is that the east Midlands—which has all the challenges of deprivation and economic growth referred to by the noble Lord, Lord Bradshaw, in his opening remarks—and Yorkshire will now definitely be downgraded relative to the north-west in the construction of HS2.

The important point about the separation of the hybrid Bills is that it will not just mean that the phasing is now separated, which risks the continuity referred to by the noble Baroness, Lady Randerson, and my noble friend Lord Tunnicliffe—he has huge experience of constructing railways, as a former managing director of London Underground, so he absolutely understands this point. If the Bills are to be handled and passed separately, it is also very likely that there will be a substantial period between what is now to become phase 2b and phase 2c—Birmingham to the east Midlands, Sheffield and Leeds—even if the Government proceed with phase 2c. The separation of the Bills makes it all the more likely that phase 2c will be delayed for a substantial period beyond phase 2b.

I am grateful to the Minister for replying to the debate but I am more concerned after her remarks than I was before, and I hope that local authority and political leaders in the east Midlands and Yorkshire will have taken very careful note of what the Government have said today—a categorical statement that they intend to downgrade and possibly deny entirely the benefits of HS2 to the east Midlands and Yorkshire.

As I said, there is a problem of language here. The Minister said it was the Government’s policy to provide the benefits of high-speed rail to the east Midlands and Yorkshire. There is no way you can provide the benefits of high-speed rail to the east Midlands and Yorkshire unless you provide high-speed rail to the east Midlands and Yorkshire. The Government are using weasel words such as “benefits of” without making the commitment which must flow from that if these words are to have real meaning—actually to build the high-speed line. The Minister is smiling at me but the one thing she will not do, and has not done today, is make a commitment actually to build this railway. I say to her, as I say to the local authority leaders and MPs in these regions, that they must not accept a shedload of waffle from the Government about benefits, reviews, staging or integrated plans if there is not a commitment actually to build the railway.

At the end of the day there will either be a railway or not be a railway and the whole tendency of government policy at the moment is not to build the railway from Birmingham to Leeds, and that will have a really devastating impact on the society and economies of the east Midlands, Yorkshire and the north-east if that is the case. I make no apology for raising this issue. I will return to it on Report. But at this stage—does the Minister wish to come back? I am very keen that she does.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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She would like to very briefly come back. I will not take a shedload of waffle from the noble Lord, Lord Adonis, either. He has taken a simple statement—that a very large and complex Bill may be broken up into smaller Bills to make it more manageable—in a direction which certainly was not the intention of those words and I cannot believe he has been able to read that into them. Be that as it may, all I have done is confirm that one big Bill may be split into smaller Bills. That is it.

Lord Adonis Portrait Lord Adonis (Lab)
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Actually, the Minister has—

Lord McNicol of West Kilbride Portrait The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)
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We cannot have a debate. To clarify the procedure: if the proposer of an amendment, in their winding-up remarks, asks a further question of the Minister, the Minister may respond to those remarks. There is not then the opportunity—

Lord Adonis Portrait Lord Adonis (Lab)
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I sense the mood of the Grand Committee. I beg leave to withdraw the amendment.

Lord McNicol of West Kilbride Portrait The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)
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Just to clarify again: if the proposer of an amendment, in their winding-up remarks, raises a question for the Minister, the Minister may respond to it. We cannot have a further debate in Grand Committee under the current system.

Amendment 1 withdrawn.
Clause 1 agreed.
Clauses 2 to 22 agreed.
Lord McNicol of West Kilbride Portrait The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)
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We now come to the group consisting of Amendment 2. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.

Amendment 2

Moved by
2: After Clause 22, insert the following new Clause—
“Report on the excavation of burial sites and removal of monuments
(1) Within six months of the day on which this Act is passed the Secretary of State must lay before Parliament a review of the excavation of burial sites and the removal of monuments undertaken in the process of construction relating to works authorised by this Act.(2) The review must make an assessment of how successful the operations listed in subsection (1) were, in particular with reference to—(a) consultation with local residents; and(b) the response from the wider public.(3) The report may make a recommendation as to how the operation of future excavations and removals of monuments relating to works authorised by this Act can be improved.”
Baroness Randerson Portrait Baroness Randerson (LD) [V]
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My Lords, this is very much a probing amendment, designed to give the Minister the opportunity to place on the record a description of the approach that HS2 intends to take to a very sensitive issue and to explain the lessons it feels it has learned from the experience of phase 1.

Briefly, Schedule 20 deals with the removal of remains and monuments from burial grounds. This featured as a major issue in phase 1, in both Euston and Birmingham. It attracted a great deal of publicity and aroused some public concern that on occasions the approach was rather heavy-handed. In Birmingham 6,500 skeletons were exhumed from a 19th-century graveyard; in Euston it was 50,000 skeletons. It took three years to do this and it counts as one of the UK’s largest ever archaeological programmes. We have learned a great deal about the past, not just from the gravestones but from various other artefacts.

There are no known burial grounds on the route up to Crewe for HS2 but there is always a possibility that one might be found and, assuming that 2b is built—as I hope—there are likely to be similar issues there.

15:45
The provisions in the Bill set out the procedures required of HS2 and there is an assumption that if remains are more than 100 years old, there is unlikely to be an objection from relatives of the deceased. There are provisions in the Bill to allow archaeological examination where appropriate and to allow all this to be done within an appropriate timescale, so that relatives may apply to remove and rebury remains, if they wish. Can the Minister assure us that this worked smoothly and sensitively in relation to phase 1?
Then there are provisions on how the monuments should be dealt with, including their removal and re-erection, the right to move them to another place—I assume that this means a museum, in general—and the right to deface them or break them up. That is an issue on which I wish to press the Minister. How exhaustive will the searches and historical studies be before what are historical records, in essence, are defaced? Do we have guarantees that it is not left just to HS2 to decide whether or not these gravestones are important? Are academics, genealogists, local records offices and other relevant people fully involved and are full records kept and placed in the public domain?
We should bear in mind that when you visit a graveyard, that is always a public domain. You are free to look round, consider and view the history that is there. It is important that if, for example, photographs are taken, they are public and easily accessible to those wishing to research history. The historian in me always worries when the destruction of historical records occurs. I accept that keeping thousands of gravestones may be impractical, but we need the record of what they were so that the lives of the people concerned are not completely erased from our history. I look forward to the Minister’s response. I beg to move.
Lord Liddle Portrait Lord Liddle (Lab) [V]
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My Lords, I will be brief. I have enormous sympathy for what the noble Baroness, Lady Randerson, is saying, as a sort of historian myself, who appreciates wanting to understand our past and to conserve it as best we can. However, I sat on the committee that heard the petitions and, to my recollection, we did not have any requests or complaints of this kind. I would have thought that this would have come up in our deliberations if there were serious issues of this kind on this section of the line.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP) [V]
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My Lords, I would like to see huge, wholescale changes made to the high-speed rail programme but in the meantime, reporting and reviewing its impact is important so that Parliament and the public can properly scrutinise HS2. The burial and disposition of the dead has a deeply symbolic and important status in every culture. I might be alone in those contributing to this debate in, as a new archaeologist, having dug up a skeleton—a Roman skeleton that was nearly 2,000 years old. However, the skeleton was still treated with respect and dignity. I imagine that most of us would accept that that is normal when dealing with the remains of the buried. I would say also, as an archaeologist, that the information you can get from bones is fantastically useful.

There is an inherent aversion to disturbing the dead. Amendment 2 seeks to improve the excavation of burial sites by HS2 through a process of reporting and evaluation, which is utterly sensible. I hope that the Government will pick up this amendment and use it as an indication of respect for the remains that are being disturbed.

Lord Hope of Craighead Portrait Lord Hope of Craighead (CB) [V]
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My Lords, I should like, first, to thank the noble Lord, Lord Adonis, and the noble Baroness, Lady Vere of Norbiton, for their kind words about the work of the committee which I had the honour of chairing. This allows me the opportunity to thank the members of the committee who served with me through the various stages of our protracted proceedings. They were all a pleasure to work with, and I owe a great deal to their experience and the thoughtful contributions they made to our debates as we listened to the various petitioners whose concerns we had to deal with. It is also right to thank the broadcasting team, who had a very difficult job not only in dealing with us when we were sitting virtually, but when we came back to the Committee Room and sat in a hybrid fashion. They were with us in the room and I had first-hand experience of their difficulties in trying to set up those communications. I offer them my sincere thanks, as well as to the members of the committee.

Turning to the amendment, I am very much in sympathy with what lies behind the request of the noble Baroness for great care to be taken in dealing with artefacts of this kind, in particular historical monuments and remains. Like the noble Lord, Lord Liddle, I have to say that our attention was not drawn to any burial sites or monuments at any stage during the proceedings. I would have expected the relevant parish council to have done that if there were any burial sites of substantial size, and certainly monuments. One thinks of war memorial monuments, for example. I am pretty sure that we would have been told if any were on the line of the route or within the trace—the areas to either side of the route that will be used for construction purposes. There was no suggestion that problems of that kind were likely to occur.

I think the noble Baroness would wish me to say that there is always the unexpected. As soon as you start digging up ground, you find out what is beneath it. One has to be alive to the fact that in the course of the works, things may be discovered that no one knew were there before, but which turn out to be of historical interest. So, like the noble Baroness, I expect an assurance from the Minister that great care will be taken if, by any chance, something of this kind is discovered. The works should be stopped so that an assessment can be made by qualified persons of how the remains, monuments or historical artefacts, if there be any, can be best preserved before they proceed any further. I do not imagine that that would cause a great deal of delay; it is important that we do not lose these historical records before they are gone for ever.

Lord Adonis Portrait Lord Adonis (Lab)
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I agree with everything that the noble and learned Lord, Lord Hope, has just said. I would just add one point. Crossrail has considerable experience of burial sites and monuments and is generally acknowledged to have dealt with them sensitively and to have made a significant contribution to the archaeological history of Britain. In respect of dealing properly with human remains, it has been extremely sensitive at every stage and has arranged for reburial as appropriate. I would have thought that the Crossrail experience offers a good example to HS2.

Lord Tunnicliffe Portrait Lord Tunnicliffe (Lab) [V]
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My Lords, I generally support this amendment, which is really about tone.

The noble Baroness, Lady Jones, and my noble friend Lord Adonis have touched on the question of the treatment of any burial sites and monuments that we come across. I felt sure that there was something, somewhere that requires HS2 to show some respect in this regard. My research shows that an information paper on burial grounds was published on 15 February 2019 for the Bill before us. Paragraph 3.1 states:

“Any human remains affected by the Proposed Scheme will be treated with all due dignity, respect and care. Any impact caused by works to construct the Proposed Scheme on human remains and associated monuments is an emotive and complex matter and HS2 Ltd and the Promoter recognise their duty to address the concerns of individuals and communities.”


The essence of that assurance is that any remains should be treated with

“all due dignity, respect and care.”

Had that been carried into the Bill, perhaps through some wording in the Explanatory Notes, one would feel that this would be handled sensitively. During the works for the Jubilee Line extension we did end up building through burial sites, and we were sensitive to how that was managed. I think that we caused no offence as a result.

Unfortunately, no reference is made to “dignity, respect and care” in the rest of that document. Nowhere in Schedule 20 is there any sense of that, nor is it set out in the Explanatory Notes. I hope that the Minister will find some way of assuring the Committee that those key cultural attitudes to burial sites will be carried through in the execution of the project.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, I thank the noble Baroness, Lady Randerson, for tabling this important amendment. As she will be aware, I wrote to her on this matter at the end of last week and I have shared that letter with other noble Lords who have spoken in the debate. When I am not taking HS2 Bills through the Lords, I am the roads Minister and am well aware that one can make finds at any point in the construction process. Highways England has very good systems to deal with this, and I am very pleased to be able to tell noble Lords that HS2 does, too.

However, it is worth pointing out that no gravestones, monuments, burial grounds or human remains have so far been identified along the phase 2a route. The noble Lord, Lord Liddle, and the noble and learned Lord, Lord Hope, mentioned that they had not come across this issue in the Select Committee, and that is why we do not expect to make such finds. However, as noted by the noble Baroness, Lady Randerson, and the noble and learned Lord, Lord Hope, that does not mean that such artefacts will not be there. Human remains and monuments are often discovered during construction and if this happens, requirements are already in place for HS2. They are set out in great detail in the Heritage Memorandum, which is one of the Environmental Minimum Requirements. There is also the phase 2a burial grounds, human remains and monuments procedure. These documents ensure that the right approach is taken—one very much in line with that set out by the noble and learned Lord, Lord Hope.

16:00
Unsurprisingly, given their importance, these documents are lengthy and extensive, but I am happy to share links to them or the documents themselves with Members of the Committee if they have an interest. The procedure goes into great detail about what happens to human remains and associated monuments if they are discovered during HS2 work. Obviously, a large number of archaeologists work for HS2, as is always the case in transport infrastructure projects.
The procedure that has been set out for phase 2a very much builds on that prepared for phase 1. It has been developed in consultation with stakeholders, most notably the Archbishops’ Council of the Church of England, Historic England and the Ministry of Justice, and it includes ongoing monitoring by those stakeholders. In the first instance, where a monument is required to be moved as a result of the works, the nominated undertaker must comply with any reasonable request of a family member or personal relative of the deceased. Where a relative or representative does not come forward, the conversation then goes to the Archbishops’ Council and the relevant diocesan advisory committee in the case of the Church of England, or the relevant religious organisation in the case of other Christian denominations or other religions. Working together, a suitable alternative site for the monument will be sought.
Like the noble Baroness, Lady Randerson, I was concerned about why you would ever break up a monument. In most circumstances, one would hope that an appropriate site would be found, whether a museum or a churchyard—all sorts of different sites are appropriate. However, one cannot risk these items being used inappropriately, because that would be extremely disrespectful, and one would not want to see that. What HS2 does is in line with existing ecclesiastical law and church practice.
There are many papers and documents which accompany the Bill, including a series of memoranda which explain much more about this in detail. They set out the programme of archaeological work that goes on, including the recording of human remains and associated monuments and gravestones of historic interest. The records are available to the public, and at all stages of any finds, HS2 engages with local authority specialists, notably archaeological advisers and conservation of historic buildings staff, and of course Historic England. Certainly, what is set out at the moment is a continuation and a refinement of what has happened in phase 1, and it takes account of best practice across the transport infrastructure investment community.
I trust that I have reassured the noble Baroness, Lady Randerson, and that she feels able to withdraw her amendment.
Baroness McIntosh of Hudnall Portrait The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
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My Lords, I have received no request to speak after the Minister, so I call the noble Baroness, Lady Randerson.

Baroness Randerson Portrait Baroness Randerson (LD) [V]
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I very much thank noble Lords who have spoken in this debate. I was particularly pleased that the noble and learned Lord, Lord Hope, and the noble Lord, Lord Liddle, spoke with such assurance about this issue because of the importance of their committee. I have looked at their excellent report to see whether there was reference to this, and of course the reason it did not deal with something that was consuming me was because it had not concerned anyone else in this specific case. As far as I am concerned, that is very good news.

However, I accept entirely what other noble Lords have said, which is that there could well be an unexpected find of this nature. As a teenager, I spent a very interesting and productive summer chipping away at the ground and sweeping with a small brush at the Fishbourne Roman villa, which many noble Lords will recall was in itself a very unexpected find at the time. Unlike the noble Baroness, Lady Jones, I did not find any skeletons, but I found a very small piece of pottery, which made the whole summer worth while.

I emphasise the point made by the noble Lord, Lord Adonis, who pointed out the impact and importance of Crossrail, and the archaeological finds and burials, for example, that have been found as part of the Crossrail construction. It has been a treasure trove of additional historical knowledge about that route through London, so it is very important historically indeed.

The Minister has been very helpful, and I thank her for her assistance in her letter and for her reassurance today. My intention was exactly as has transpired this afternoon. I have now on the record in Hansard clear points about the process, where you can find information on it, and an assurance that it will not just be left to HS2 or any other undertaker to decide what is or is not of historical value. I am therefore happy to withdraw my amendment.

Amendment 2 withdrawn.
Clauses 23 to 48 agreed.
Baroness McIntosh of Hudnall Portrait The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
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We now come to the group consisting of Amendment 3. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.

Clause 49: Power to apply Act to further high speed rail works

Amendment 3

Moved by
3: Clause 49, page 20, line 44, at end insert—
“( ) A TWA order which relates to an extension or works referred to in subsection (2) may also provide for any provision of this Act to cease to have effect to the extent that the content of the TWA order replaces it.”Member’s explanatory statement
This is intended to clarify the extent to which a Transport and Works Act Order may be used to alter the proposals under the Bill, and the means by which one may be obtained.
Lord Berkeley Portrait Lord Berkeley (Lab)
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This is very much a probing amendment so that we can have a debate about the role that Transport and Works Act orders play in and around a hybrid Bill. I will talk about one or two examples but I want to stick to the principle. This has been raised many times during the passage of many previous hybrid Bills, and the problem does not go away. This particular Bill and the transcript of the Select Committee hearings give us some interesting issues to debate.

As I think all noble Lords know, a hybrid Bill is a public Bill which includes private interests. A Select Committee is therefore appointed in each House and follows very similar procedures, except that if anyone—including the Government or a petitioner—wants to propose small changes to the Bill, in the House of Commons, which is usually the first House on these occasions, that is quite often done by an additional provision. However, it cannot be done in the Lords, for very good timetabling reasons. The only other option is for it to be done by way of a Transport and Works Act order process. That is provided for in Clause 49, and my small amendment seeks to clarify the extent to which it could be used. However, to some extent that is not really the question I want to debate and put to the Minister.

Going back to the phase 2 Bill, which is what we are talking about, we have talked before about the Stone railhead. It has been discussed in the House of Commons and in debates here, and when the Minister kindly had a meeting with a number of noble Lords last week it came up then. However, I do not want to discuss that—except to say that some people, the promoters, believe that it will save £98 million and could be completed three years earlier, but that is a question for debate. Something similar has happened on phase 1 regarding Wendover, which has also been rejected by the Government because they will not do a Transport and Works Act order there. It is said that that would save £300 million and save between one and three years, with enormous environmental benefits; I know that because I used to live around there.

I do not want to discuss the pros and cons but I want to explore why the Government have decided that there should be no alterations to hybrid Bills in the second House, even arguing that alternatives that require a Transport and Works Act order, the only option open to petitioners to the second House, should not even be discussed in the Select Committee. I understand why they might not want that, but the extent to which Mr Strachan, the government counsel in the Select Committee, went to long and repeated lengths to tell the committee that it really should not go for a Transport and Works Act order was extraordinary. I could read out several paragraphs but I will save the Committee, except to draw attention to paragraphs 146 and 165 on 16 March. I can find no instance in the transcript of the Government instructing the committee that it should not use the Transport and Works Act, but I would say that it was almost threatened by the government counsel that it really should not do so. The noble and learned Lord, Lord Hope, who chaired the committee so well, said in paragraph 9 of Appendix 2 in the committee’s report that

“certain petitioners have suggested that changes similar to those that might be made by additional provision might instead be effected through an order under the Transport and Works Act 1992; that would involve a process which is separate from the parliamentary process on this Bill, and it is highly unlikely that we could be persuaded that there was any recommendation that we could … make.”

I find that extraordinary, given that the Transport and Works Act option is included in Clause 49, something that Mr Strachan did not draw to the committee’s attention. Since he spent the whole day introducing the project to the committee, which I am sure was necessary, it is surprising that he did not raise it.

Even more surprising is the precedent in phase 1 where the Government are proposing a tunnel in place of a viaduct, I think, at a place called Bromford by a Transport and Works Act order, claiming that the tunnel will increase its length by almost double, remove the need for complex engineering and so on. I believe that the Government are proposing another one at Calvert. My contribution is going to go on for some time, incidentally, so if the Chair wants me to stop then I will. These procedures that the Government are doing are exactly the same as the Wendover one. It seems to me that the decisions are taken out of the hands of the committee in order to be made by the Government and their own promoter, who have very good reasons for resisting change. That limits the ability of petitioners, who on the whole do not have highly paid lawyers, to put their case against what I would call guerrilla warfare by government counsel to close down debate, making the Government both judge and jury. I have been involved in Transport and Works Act processes and hybrid Bill processes and I find that conflict very odd.

16:15
I have been debating with the Minister, Andrew Stephenson MP, over probably six months about the Wendover case because, quite surprisingly, the petitioners are proposing a tunnel under the hillside behind Wendover through chalk, which is exactly the same material—chalk, clay, lower chalk and upper chalk—that we had in the Channel Tunnel, which I was involved in, as my noble friend Lord Snape will probably remember. Having been told for the last six months that the geological information was confidential, the petitioners have finally got hold of it. Even more surprisingly, their technical advisers are the same contractors who built the tunnel through Castle Hill and the Channel Tunnel using the same methodology with no problem at all. However, Andrew Stephenson’s letter to me, dated 21 September this year, says that the short-line tunnel, as it is called, is not a viable or safe method of construction. I just give that as an example; I may be wrong and the petitioners may be wrong, but it is not a fair assessment for the Government to make statements such as that, supported only by the people they are paying, without some kind of independent assessment of how it could be done, with both parties being treated equally.
My question is: how can Parliament force Ministers to think again and accept that some petitioners’ views can be accommodated without a loss of face, time or money? I want to propose one or two options, if I still have time. The nuclear one in terms of House of Lords procedures is for me to move a Motion on Report to commit a part of the Bill to a new Select Committee to examine certain bits that could be taken forward by a Transport and Works Act order if the committee thought that was a good idea. That is allowed within paragraph 8.118 of the Companion, which I am not going to read out as noble Lords can read it for themselves. That process would allow petitioners to make their case in a more balanced environment, request and receive the necessary evidence with no problem of confidentiality and bring in experts to support their case. As we all know, Transport and Works Act orders can be processed very quickly if Ministers want them to be; equally, they can take several years if Ministers do not. We all know that and I do not want to comment on it. I say to the Minister, in the pursuit of some intention of fairness towards petitioners, that this needs resolving, not just now but for future Bills.
I have three questions. First, does the Minister accept that the Transport and Works Act option is available for use with a hybrid Bill? Secondly, does she agree that the committee and the petitioners appear to have been misled by government counsel into thinking that they should not really consider a Transport and Works Act option unless the Government thought of it first? I expect that she will say no to that one, but it is worth trying.
Thirdly, and more constructively, will she arrange a meeting with HS2 and her department on those two issues and on the principles of how we could take this forward in a more inclusive manner? That would bring benefits to petitioners who have so far failed to have their petitions accepted, and I believe there are others as well. Does she agree that if the arguments for the alternatives are positive or balanced then the Government could agree to take forward these two examples along with others through the Transport and Works Act order process in place of the relevant parts of the Bill?
I hope that she will agree some or all of those because I could seek to persuade the House to set up a new Select Committee, as I have outlined, but I do not really want to and I hope that we can have some meetings first. I beg to move.
Lord Adonis Portrait Lord Adonis (Lab)
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My Lords, I was having some difficulty following the arguments of my noble friend. He could of course move the motion he referred to on Report, but I can confidently predict that it would not be accepted by the House. Indeed, I am not sure that many other noble Lords would give it the time of day, precisely because we have had this exhaustive procedure up until now. Essentially, cutting through what my noble friend said—he has of course wanted to stop the scheme all the way through and has been a deep contrarian in that regard—he wants to create new avenues for opponents to stop the scheme. I recognise that, and it is a perfectly honourable thing to want to do.

What Parliament has to judge is whether the processes we have are robust and fair. My view is that they are very robust and very fair. They give complainants and people presenting petitions ample opportunity to make their case. The arrangements that pertain between the two Houses are there to keep a proper sense of proportion in the consideration of the petitions, so that all of the issues raised—the petitioning process is exhaustive and expensive—are not repeated ad nauseam in the second House. That is why the Private Bill arrangements are in place: so that you cannot re-open in the second House, as fully as my noble friend would wish, issues that have been considered by the first House. That seems to me to be perfectly reasonable. It does not withdraw the rights of petitioners to have their concerns properly assessed by Parliament. What it does is put in place a procedure that is fair and proportionate for the consideration of those petitions, which is very different.

The reason why my noble friend Lord Berkeley wants the TWA process to apply is that he is not content with parliamentary consideration of these petitions, and he therefore wants petitioners to be able to create a wholly new and additional process: the TWA process. That is grossly disproportionate. The point he made about changes to the first phase of the project, from London to Birmingham, confuses apples and pears. If you are going to make changes to legislation that has already been agreed by Parliament, you have no alternative but to go for a TWA-type process, unless you are going to produce an entirely new Bill. That is a completely separate issue from seeking to layer on top of parliamentary consideration of the Bill a wholly new process—the TWA process—while this legislation is going through and petitions are being considered. I do not think, having had close acquaintance with the processes, that petitioners are treated in any way unfairly. The arrangements between the two Houses give them ample opportunity, and the power is there for Parliament to make fundamental changes in respect of petitions that are raised between the two Houses. The allocation of responsibilities between the two Houses is laid down by convention.

What my noble friend Lord Berkeley wants to do, essentially, is to stop the scheme; I accept that. He wants to create as many possible avenues of further appeal and expense—this would add to expense—to delay it. Any reasonable observer, particularly those looking at the work of the noble and learned Lord, Lord Hope, and his committee and the committee in the House of Commons, would think that Parliament has struck a fair and proper balance between the power of the Executive to propose a major project of this kind and the duty of Parliament to see that all private interests are properly considered before agreement is reached.

Lord Liddle Portrait Lord Liddle (Lab) [V]
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My Lords, I very much agree with what my noble friend Lord Adonis has just said and disagree with my noble friend Lord Berkeley. As a member of the Select Committee, I did not feel bullied by the government counsel on this question. We considered the issue in depth, and the reasons why we said we would not consider such orders seemed valid in the light of that discussion. I am sure the noble and learned Lord, Lord Hope of Craighead, can give a much more elegant legal explanation of these issues than I can.

When the Bill goes through the Commons, the Select Committee can recommend fundamental changes to the route of the line by making additional provisions, but the convention has been established that the Lords does not revisit these questions on petitions that are made to it. Therefore, the noble and learned Lord, Lord Hope, announced at the start of our proceedings that we would not be recommending additional provisions and would be sticking with the convention. Then, of course, people say, “You could use transport and works orders”, but, in effect, they another form of additional provision. As I understand it, if this point were conceded, the decision-making process would be taken out of Parliament and put into the hands of the Secretary of State. It would then be subject to all the arguments about judicial review and whether things have been done properly that have bedevilled plans for airport expansion in this country, for example.

As a non-lawyer, I was totally persuaded by the argument that we should not contemplate these orders. We listened to the argument that was made in the infamous case of the Stone depot, and I was totally unpersuaded that, even if we had had the power to make such an order, it was actually sensible.

Lord Hope of Craighead Portrait Lord Hope of Craighead (CB) [V]
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I am grateful to the noble Lord, Lord Berkeley, for his kind words when he spoke in support of his amendment, although I did detect a hint of criticism. I am not going to respond to that, but instead offer, if I may, the Minister some guidance in responding to this issue, based on my experience as a lawyer.

Everything that the noble Lord, Lord Liddle, has said, I agree with. He set the scene very well indeed, but I would like to make it clear that there is a good deal more substance to the point he made, which I would like to touch upon. Before I go further, lest there be any misunderstanding, I should make it clear that in my view, the petitioner who raised the issue about the Stone IMB-R—the railhead at Stone—was not in any way attempting to delay the scheme or have it cancelled. It was a genuine attempt to put forward an alternative method of dealing with the very complex issue of how the railhead should be constructed. It raised all sorts of other questions, such as ground conditions. They put forward a genuine issue in good faith. The question is: should we have gone further, to the point of making a direction? It should not be forgotten that a committee like ours, after hearing a petition, either makes an order or does not. In this case, it would have been a direction to HS2 to proceed by a TWA.

Proceeding by way of a TWA is not a simple matter. It is not a foregone conclusion that, just by asking for an order to be granted, it will be granted. The statute lays down a procedure that involves the making of objections, for obvious reasons, because people whose land would be taken have to be given a chance to be heard, and it would result in the holding of a public inquiry. One has to bear in mind, given the stage at which the issue was raised with us, that there is the very considerable question whether the time and effort involved, were we to make such a direction, would be justified.

16:30
The procedure the Select Committee operated was devised particularly for those whose property interests are directly and specially affected, who should be able to make representations one way or another for their position to be carefully considered. The Stone railhead issue was not one of those cases where individuals were directly and specially affected in bringing forward issues for us to consider. What was brought before us was an interest on behalf of a community.
This raises issues as to how a committee of that kind should deal with issues brought forward by a community that will give rise to a substantial amount of expert evidence and debate as to the side of the argument on which the issue should be decided. If we had proceeded with the invitation that we should deal with this in detail, I would have foreseen that we would have to consider the issue in much greater detail than was available to us on the day we heard it. I say that as someone who has dealt with many public inquiries, and private legislation procedure too, when issues of this kind have been raised. It would involve hearing expert evidence, hearing expert evidence in reply, assessing that evidence and making a detailed judgment as to how the issue should be finally resolved. For a committee in the second House to engage in that kind of procedure would be a major hurdle in the way the whole process would be handled, which we would simply not be prepared to contemplate, given that the opportunity to raise issues of this kind was available in the House of Commons as the first House.
I hope I have made it clear that these issues are very difficult and that it is not enough for somebody to argue a case as forcefully as was indeed argued before us to think they should be given what they wanted. It would require careful assessment. If it went to the point of an TWA order there would be considerable expense of time and money in getting the issue debated. I do not wish to underestimate the importance of the issue, but it was not one we could properly contemplate given the nature of the proceedings we were dealing with.
I recognise that we will need to consider at some point—not now, of course—how the procedures we are dealing with should be reformed or improved. I come back to the point that they were devised primarily to deal with individuals whose property interests were directly affected. This case is not one of them. There may be other ways of dealing with details of this kind that we can perhaps discuss at a later stage.
I have one final point. I researched, with the assistance of the committee’s clerk, whether there is any example of a Select Committee making a direction that a TWA should be resorted to. I am told that there is no example that a committee in either the House of Commons or the House of Lords has made such a direction. There was a TWA order for Bromley, which HS2 will know about because it asked for it. There is of course power in the Bill for it to do so in the case of the Stone railhead should it decide, having made further investigations, that it is necessary. That is not a matter for the committee I sat on and I respectfully suggest it is not a matter for the House.
As for the suggestion from the noble Lord, Lord Berkeley, that the matter should be remitted to a fresh Select Committee, I am entirely with the noble Lord, Lord Adonis: I cannot see that that would get anywhere. It would get back to the same problem I have been suggesting: that committee would have to consider whether it would make a direction that a TWA should be ordered. I regard that as a very difficult decision and any further committee would hesitate long and hard before it made such a direction. I would be hugely surprised if it reached a different conclusion from that which we reached.
I leave it there, stressing that I recognise that a genuine point was raised and it was not an attempt to delay or bring the project to an end. That was not the point, but it was not one we could properly deal with as we were being asked to do.
Lord Bradshaw Portrait Lord Bradshaw (LD) [V]
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I say simply that I accept entirely the arguments advanced by the noble and learned Lord, Lord Hope. I agree that the procedure is cumbersome and expensive and I would be very pleased to see some reforms brought forward in due course, but I am sorry, I cannot agree with the arguments put forward by the noble Lord, Lord Berkeley.

Lord Tunnicliffe Portrait Lord Tunnicliffe (Lab) [V]
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My Lords, I have to admit that I barely understand this debate. I did my best to research it and it seemed to be about giving the promoter considerable flexibility to exercise powers under the TWA procedure to create opportunities for activity on land that might be outside the Bill, as well as other rights to do things. I am sure the Minister, briefed by her excellent team, fully understands what this is all about and I will be very grateful if she explains it to me, ideally in words of one syllable.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, I thought that the noble Lords, Lord Adonis and Lord Liddle, did a very good job of making many of my points for me. Then, of course, the noble and learned Lord, Lord Hope, came in and did a proper job on the matter in hand. I will play this with a straight bat and read out what I have here, which I thought I understood when I read it through over the weekend. I hope this will be helpful to the noble Lord, Lord Tunnicliffe. It was certainly helpful to me. When I got to the end of it I thought, “Right, I get this,” so here we go.

It is normal practice on major infrastructure projects such as HS2 or Crossrail that, during construction, further planning consent needs to be sought for details of the scheme that were not anticipated when it passed through Parliament. One of the means for doing this in relation to railway works is an order made under the Transport and Works Act 1992, known as a Transport and Works Act order.

During its construction, Crossrail has had three such orders, addressing changes in station design at Whitechapel, stabling arrangements at Plumstead and connections between platforms at Paddington, all of which arose from continuing discussions on the design and operation of the railway after the Crossrail Bill was enacted. Phase 1 of HS2 has had one Transport and Works Act order so far, in that case for new sidings near Calvert Green for use by a waste-to-energy facility. This was to honour an assurance given to the operator of the facility during the passage of the phase 1 Bill. The facility could not be included in the scheme because of the time needed to develop the proposals, which would have unduly delayed progress. As we build phase 1, it may be found that there is a need for more orders.

I will mention briefly the process that such a Transport and Works Act order goes through. The application for the order is submitted to the relevant Secretary of State—in England that would be the Transport Secretary and in Wales it would be the Welsh Government. The applicant must then make the application public by publishing notices in local newspapers, by writing to people directly affected, by posting notices near the works and by notifying specified organisations. If the scheme is large, the applicant may be required to hold public information events. It is clear that such orders go through a large amount of consultation.

People who wish to object then have six weeks to notify the relevant decision-maker of their objections. If there are many objections or if there are statutory objectors—those who are considered directly affected because their land is being bought compulsorily, for example—there may be a public inquiry. A recommendation on the application for the order will then be made to the Secretary of State, who will ultimately make the decision as to whether it should be approved. There may also be a need for the applicant to apply separately for planning permission, but that is another process.

If an application for a Transport and Works Act order were to be made in relation to phase 2a of the railway, Clause 49 would allow such an order to adopt, as necessary, any provision of the Bill so that the works were constructed within the same legal and planning framework as the rest of the scheme. Further, Schedule 1 to the Bill allows any engineering work shown on the plans and sections that were submitted alongside the Bill to be substituted by a work not so shown. Any such work would still be bound by the environmental minimum requirements of the scheme. What this amendment seeks is already addressed in the Bill.

However, we know that the amendment is not entirely about that. I know that the hybrid Bill process in this House can be a little frustrating. As I said to the noble Lord when discussing his amendment with him last week and as I will repeat now, it is accepted practice on the basis of fairness that, as the second House to consider the Bill, it cannot make amendments that would extend the powers in it; for example, to acquire new rights over land to change the route. This practice was confirmed by the noble and learned Lord, Lord Hope, as chair of the Select Committee that considered this Bill and by the noble and learned Lord, Lord Walker, who chaired the Select Committee that considered the phase 1 Bill in 2016. The Select Committee chaired by the noble and learned Lord, Lord Hope, also considered the suggestion that instructing the promoter to make an amendment to the scheme through a Transport and Works Act order would provide a valid alternative to taking powers in the Bill. The committee did not take this view.

I agree that this is the right approach. Such a committee directing the outcome of an application for a Transport and Works Act order without the formal application being made and therefore without any such change going through the process I described would be unfair. It would take away the opportunity for those who wished to object to have their concerns heard.

I agree with the conclusions of both committee chairs. It is right that if a Transport and Works Act order was necessary, any such order should be entirely outside the scope of the Bill, but I would add that any such order, being associated with phase 2a of HS2, should attract the environmental protections that this scheme offers. The amendment would do nothing to change the ability of the nominated undertaker to use a Transport and Works Act order to amend the scheme; nor would its use in a future HS2 Bill allow the Select Committee in the second House to adopt a different approach. The Bill makes sure this is the case. I trust that this fully explains the stance that the Government take on this matter.

However, I am given to understand that the House authorities are considering a further consultation on the hybrid Bill process in the near future. If the noble Lord, Lord Berkeley, has an issue with that process, he may wish to participate in those discussions—I am sure that his input would be welcome. As such, I wonder whether he might withdraw his amendment.

Baroness McIntosh of Hudnall Portrait The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
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My Lords, I have had no requests to speak after the Minister, so I call the noble Lord, Lord Berkeley.

Lord Berkeley Portrait Lord Berkeley (Lab)
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My Lords, I am grateful to all noble Lords who have spoken. This was a probing amendment. I shall never convince my noble friend Lord Adonis that I am not trying to stop HS2; I think we will carry on debating that for many years. My probe—

Baroness McIntosh of Hudnall Portrait The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
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My Lords, I am very sorry to interrupt the noble Lord, but I am sure that he can hear that a Division is under way. The Committee will adjourn for five minutes to allow noble Lords to register their vote.

16:44
Sitting suspended for a Division in the House.
Lord Berkeley Portrait Lord Berkeley (Lab)
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My Lords, I am grateful to all noble Lords who have spoken. I had not intended this to be something on which to divide the House; it is a probing amendment. I said that I would never convince my noble friend Lord Adonis that I am not trying to stop this; I am just trying to suggest some ideas of how to ensure that petitioners feel that they have been treated fairly, because there will be many more of these hybrid Bills in the future.

I am grateful to the noble and learned Lord, Lord Hope, for his comments and to the Minister for her explanation of Transport and Works Act orders. We all agree on the process and whether it is fast or slow does not make any difference. For me, the noble and learned Lord, Lord Hope, put his finger on it. The question is whether, if a committee wished to see a change that could not be done by an additional provision and would therefore have to be done by a Transport and Works Act order, the committee would be able to give a direction either to the Government or to the House. I have taken advice on this from some of the experts and we do not have an answer, as the noble and learned Lord said.

As the Minister said, there will be a consultation on the hybrid Bill process generally. These are the kinds of issues that we should be looking at. We all want to see railway improvements, subject to a few criteria here and there; if a railway needs a new bit of line and it needs a hybrid Bill, so be it—that is the process that we use. It will help everyone, however, if it is done in the least confrontational and least expensive way, so that the petitioners can feel that they have had a good hearing and have been treated fairly and can be reasonably happy with the result. I look forward to discussing this further, not as part of this Bill, and I beg leave to withdraw this amendment.

Amendment 3 withdrawn.
Clause 49 agreed.
Clauses 50 to 58 agreed.
Baroness McIntosh of Hudnall Portrait The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)
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My Lords, we come now to the group beginning with Amendment 4. I inform the Committee that it is intended to propose a short break in proceedings for 15 minutes after the speech of the noble Lord, Lord Blencathra. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.

Amendment 4

Moved by
4: After Clause 58, insert the following new Clause—
“Quarterly reports on environmental impact, costs and progress
(1) The Secretary of State must publish quarterly reports on the scheduled works throughout the period in which those works take place.(2) Each such report must contain an assessment of—(a) environmental impact;(b) costs, including costs of land acquisition;(c) progress; and(d) revenue forecasts and Cost Benefit Analyses,compared to the relevant information contained in the Bill documentation.(3) The first such report must be laid before Parliament within the period ending three months after the day the scheduled works commence.(4) Each subsequent report must be laid before Parliament within three months of the publication of the last report under this section.”Member’s explanatory statement
This amendment seeks to require the Government to provide consistent, regular and complete reports to Parliament.
Lord Berkeley Portrait Lord Berkeley (Lab)
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My Lords, after I put this amendment down, it was slightly taken over by events in the form of an interesting letter from the Public Accounts Committee to the Permanent Secretary at the Department for Transport dated 4 November. I was interested in the comments made during the various stages in the Commons on this Bill, when many Members of Parliament were critical of the way HS2 handled issues in their constituencies. This came from all parts of the House. From what I have read and heard, this criticism was much more justified because the situation seemed to be much worse than in the case of the promoters of HS1.

One issue was the lack of information, so I thought that it would be reasonable to ask that HS2 and the Government provide quarterly reports that include overviews of the project, the programming schedule, the community and environmental impact of the whole project and more details of each phase. Since then, or probably at about the same time, Ministers have started to produce six-monthly reports, which are a great step forward. I thank Ministers for that. Whether they should be quarterly or six-monthly can be debated, but certain things are missing from all of them—they are identified strongly in the Public Account Committee’s letter. I will summarise one or two, because I think that they could go into the reports. I hope that Ministers will agree to do this, because we do not want to have to divide the House on something like this.

The PAC talks about the programme uncertainties within HS2. There seems to be evidence of that and it is frustrating that there are so few signs that HS2 and the department are taking PAC concerns about transparency seriously. It asked for information and did not get it. There were questions about phase 2b—my noble friend Lord Adonis mentioned this—and the implications for rail connections in the north as well as decisions on Euston Station.

Then there is the question of value for money. We have talked about that before, but it relates to the post-Covid potential demand for travel. The letter points out that, in giving evidence to the committee, the Permanent Secretary, Bernadette Kelly,

“appeared to assume that travel patterns and growth will return to, or be the same as, those before the pandemic. This assumption should be thoroughly tested and explicitly justified, if it remains the Government’s best estimate.”


There was then something that one does not often see in letters from the PAC: a recommendation, although some people would call it a demand. It suggested that,

“you perform an up to date assessment of the different scenarios that could affect the long-term business case of HS2 as a result of the pandemic … Please write to us within six months”.

I have raised in the House on various occasions the question of future demand for all railways. My impression is that Ministers are not taking it seriously at the moment, or perhaps they do not have an answer. Well, nobody has an answer, but I suggest that at least it should be part of some scenario planning: we are not going to get one answer, but we can probably get a range. It is reasonable to ask for the revenue forecasts and the cost-benefit analyses, whether it is every three months or every six months. I hope that the Minister can say that, as part of the six-monthly reports that they are now providing, they will in future add in some of the things that I suggest are missing. They would fit in nicely with the response that, presumably, Ministers are going to give to the PAC. I beg to move.

Lord Blencathra Portrait Lord Blencathra (Con) [V]
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My Lords, I perfectly understand the need for the Committee to have a break and a stiff drink after any of my speeches; it is just a pity that we cannot get the stiff drinks any more. It is a pleasure to follow the noble Lord, Lord Berkeley, on this group. I wish the Government had implemented his report rather than the Oakervee one, but that train has long since left the platform.

I will speak first on Amendment 9, on which I declare my interest as in the register. I am embarrassed to be so high up in the speakers’ list when there are so many experts, such as the noble Baroness, Lady Young of Old Scone, and my noble friend Lord Randall, who are better qualified than I am to talk about ancient woodlands. This is a modest little amendment, calling simply for an annual report on the impact of the work on ancient woodland. I also support Amendment 4 in this group, which is much more demanding than the modest request in Amendment 9.

17:00
I have some substantial points to make today but I assure the Committee that I shall not trouble it again either today or on Thursday. First, I congratulate HS2 on its promise to plant new woodland. I want to see even more, not just trees but a similar habitat on the embankments of the areas of line that the line cuts through, and not just random bushes but appropriate replacement flora.
Why do ancient woodlands matter? They are not just all trees that you can replace with new ones. Ancient woodlands have been mapped for over 400 years, and some have origins going back to the last Ice Age. These woods support a whole range of other species, from mosses to lichens, from plants and fungi to insects. Since they have been completely undisturbed by human action, they contain the most biodiverse species that we have lost in most of the rest of our cultivated land. As the Woodland Trust says, you can restore ancient woodlands by stopping the spread of rhododendrons, Himalayan balsam and other invasive species but you cannot plant new ancient woodland once it is gone. We cannot wait another 1,000 years in the hope that the multitude of species in our current ancient woodlands will replicate themselves in new woods by 3021.
As I said earlier, I welcome the fact that HS2 will plant more trees, but its policy of “no net loss” does not go far enough; it must be changed to “net gain”, as will apply to every other major development in this country except national infrastructure projects. Indeed, I pay tribute to the Government for adopting the policy of 10% net gain for all developments—except for national infrastructure ones. Frankly, I find that exception bizarre. Every private developer building no matter what in this country will have to create 10% biodiversity net gain in order to get planning permission, but not the Government on big projects. Of course I accept that if all one is doing is electrifying the line from London to Swansea or boring Crossrail or the Thames Tideway tunnel, these things in themselves bring net environmental gain and we need not demand that they do more to achieve net gain. Indeed, Crossrail has used 3 million tonnes of spoil to create the massive nature reserve at Wallasea, while I am always impressed by the number of trees that Highways England plants on the embankments alongside every road that it constructs; road verges are excellent wildlife corridors and I would be surprised if Highways England did not already achieve 10% biodiversity net gain.
There is thus no good reason why these large above-ground national construction projects should be exempt from the net-gain requirement. In this area the Government should be setting an example, as they have been doing on so much else—the 25-year plan, the marvellous 30x30 pledge and the announcement last week of the first massive Nature Recovery Network. So I suggest that it is inconsistent, and a bit of shooting in the foot, for a Government who have driven forward a dynamic environmental agenda to settle for “no net gain” for national infrastructure projects.
Railway lines are potentially the best wildlife corridors, with no interference from humans. That requires careful tree selection so that Network Rail does not hack everything down; on my train journey down today, I saw it cutting down trees that were nowhere near the track. Of course, we cannot have trees that bring down lines or deposit the wrong leaves, but even I could select the right native and indigenous trees and bushes that would keep Network Rail happy and create excellent habitats for native wildlife.
Admittedly, HS2 has gone further than the Government require by promising no net loss. You can cut down 20 acres of 50 year-old trees and replace them with 20 acres of new trees with no real net loss. If you cut down 10 ancient woodlands in phase 2a, including 14 acres of ancient trees at Whitmore Wood in Stafford, you get big net loss, no matter how many acres of new trees you plant. It is not a matter of one ancient acre out and one new acre in; HS2 needs to go much further than that. We need the information that the excellent amendment in the name of the noble Lord, Lord Tunnicliffe, calls for. Even the experts in the Woodland Trust are unsure of the actual acreage that will be lost, so we must have accurate reports from HS2.
I urge the Government to insist that HS2 achieve biodiversity net gain for this section and, indeed, the whole line. I understand that if HS2 upgrades its policy from no net loss to net gain, the overall cost would be 0.1% of the total cost of the railway, which is £106 million out of £106 billion to create a fantastic wildlife corridor and potentially create one of our finest new nature reserves. I ask the Government to insist that, if one acre of ancient woodland has to be lost, HS2 should fund the Woodland Trust or Natural England to restore at least two acres of ancient woodland that is under threat.
On Report, I intend to table an amendment stating that all the works in Clause 2 must achieve 10% biodiversity net gain. We cannot create new ancient woodland, but we can act decisively to restore and protect what is left. I therefore support the amendment in the name of the noble Lord, Lord Tunnicliffe.
I turn to Amendment 4. My remarks here have nothing to do with my interests as registered. In 2017, the then Secretary of State for Transport presented a paper to Parliament on the costs of phase 2a. It stated that the cost of HS2 phase 2a would be £3,479 million and it was signed off by the chief executive of HS2 Ltd but with a note that said that all the figures were at first quarter 2015 prices and that the estimate included an “optimism bias” of 40 %. Surely that is a bit of a misnomer. Should it not be called a “total fantasy bias” of 500%?
Let us recall that the cost of HS2 in 2015 was £32 billion but is now £106 billion—a 300% increase. The noble Lord, Lord Berkeley, has produced evidence that the costs will be £170 billion—an almost 600% increase. I am afraid that the noble Lord is wrong; I reckon it will be well over £200 billion. However, let us leave that aside and run with the current figure of £106 billion. If HS2 has had a mere 300% cost increase since 2015, only a fool or HS2 would argue that the costs of HS2 phase 2a will not have a similar increase, making the costs over £10 billion, or almost £20 billion on the figures of the noble Lord, Lord Berkeley.
The intriguing thing about the phase 2a cost is how HS2 Ltd can apparently build this part of the line 700 times cheaper than the London to Birmingham part. As I understand it—I am happy to be rubbished if I am wrong—London to Birmingham is 140 miles and costs £106 billion, which is £750 million per mile. Birmingham to Crewe is 36 miles and costs £3.5 billion, which is less than £100 million per mile. Surely my noble friend the Minister should sack those building phase 1 and replace them with those who are going to build phase 2 at a price 700 times cheaper.
We know now that, like all railway costings, these figures are based on pure fantasy from rail enthusiasts who know that no Government in their right mind would ever agree to a project if they told the truth about the real costs up front. They know that once they can con the Government into laying the first mile of track, there is no going back. Designers, contractors and all involved can start ramping up the costs, claiming that they were unforeseen and ripping off the taxpayer with impunity.
I was in government in 1996 when we were assured by the railway buffs at the Department for Transport that the cost of upgrading the west coast main line would be a maximum of £2 billion. It turned out to be £12 billion and the National Audit Office says that it cannot find where £1 billion of that went to. This was not a new route where marshes, solid granite or any other unforeseen hazards were suddenly encountered. It was known backwards, as the engineers have worked it since 1880, but the truth about the cost of the upgrade simply was not told. You cannot be 600% out and claim that that is because of cost overruns or unforeseen difficulties.
Take the Great Western main line. In 2012, the Government announced that it would be electrified from London to Swansea at a cost of £900 million. By 2014, that cost was £1.6 billion and, a year later, it was £2.8 billion. After the lopping-off of the last 60 miles from Cardiff to Swansea, it finished four years late at £2.8 billion. What were the excuses this time for the cost increases? They discovered—after the project was approved, of course—that 137 tunnels were a bit leaky and that water dripping down on to the electric wires was not desirable. We are asked to believe that railway engineers, technical experts and the contractors who bid for the work did not know beforehand that these tunnels have had leaks since Isambard Kingdom Brunel completed the line in 1841. He built the whole thing in five years, whereas Network Rail could not even electrify it in seven.
I quote these examples as justification for supporting Amendment 4 in the name of the noble Lord, Lord Berkeley. We know what HS2 is like. The Government will give approval and HS2 will crack on. A couple of years later, it will tell the Government that there is a little problem with phase 2 and the costs have gone up a bit. The Government will then call for a report and we will find that the costs have doubled or trebled.
We cannot leave it to HS2 to come clean or for the Government to call for reports. HS2 must be under an obligation to publish figures as per Amendment 4. It is bound to have the figures; it would be a scandal if it did not. It must have monthly and quarterly expenditure tables. The noble Lord, Lord Berkeley, is not asking it to create large new databases that it does not have already. All he is asking is that it publishes its managerial cost and other control figures. It cannot say that this is commercially sensitive, as it has a monopoly on running this contract and no competitor can step in.
I conclude by saying that, over the past 30 years, the history of railway construction and upgrading in this country has been one of massive cost overruns and taxpayer rip-offs. The amendment would not stop the construction or hinder it by one day, but at least the taxpayer would get a regular update on the extent of the rip-off.
It is high time now that your Lordships had a break. I regret that you can no longer get a stiff drink after my contribution.
17:13
Sitting suspended.
17:28
Lord Randall of Uxbridge Portrait Lord Randall of Uxbridge (Con) [V]
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My Lords, our break has given me time to absorb the wise words of my noble friend Lord Blencathra. It is always a pleasure to listen to him. He is far too modest but made some very good points.

I wanted to be someone who could support HS2, but my experience as a constituency MP led me to the decision that as a company, HS2 is probably one of the worst to deal with. Its people are their own worst enemies. While accepting that phase 1 has happened—it breaks my heart to see how it has ripped through so much of our countryside—I want to make sure that the people who live along the line of the proposed phase 2a have a better deal all round. I shall speak to Amendments 4 and 9.

My noble friend Lord Blencathra spoke eloquently and correctly about ancient woodland, and I know that I am to be followed by the noble Baroness, Lady Young of Old Scone, who will be able to tell us much more about the merits of this debate. Anyone who has an interest in biodiversity will know that ancient woodland is one of the treasures of this country, as it is all over, and we are losing too much of it. It is therefore important to look at exactly what is happening. He mentioned the replacements proposed by HS2, but of course you cannot replace an ancient woodland. I have to say also that some of the trees that have been planted in the Colne Valley and elsewhere are just sticks with a bit of plastic around them. HS2 did not water them, saying that it was not economic to do so when the weather is bad. We have to watch HS2 like a hawk on all these things.

I should draw attention to my interests not only as the president of the Colne Valley Regional Park, which is technically not a part of this project because it was in phase 1, but as a trustee of the Bat Conservation Trust and a council member of the Royal Society for the Protection of Birds. Noble Lords will know of my great interest in preserving biodiverse areas.

In phase 1, which was 240 kilometres long, 34 ancient woodlands were directly affected and 27 indirectly affected. “Indirectly affected” can mean anything from light pollution—there are ongoing problems in the Chilterns with the effect that has on bats, including on endangered and listed species—but I refer to the 34 woodlands that were directly affected. The phase we are now talking about involves some 64 kilometres in which 10 ancient woodlands will be directly affected and seven indirectly affected. As a proportion, more woodlands will be affected by phase 2a than in the first phase.

What can we do about this? I have to try to put myself in the position of those people, many of whom are with us in the Grand Committee today, who are such firm advocates of this project. What I want them to understand is that HS2 Ltd must deal with these subjects in a measured way by being honest and coming forward. I am not even going near the issues of inflation that my noble friend Lord Blencathra raised so eloquently. HS2 does not listen to the concerns of NGOs, Members of Parliament or ordinary members of the public. As an example, when I ceased to be the Member of Parliament for Uxbridge, I was succeeded by no less than the current Prime Minister, but he has just as much trouble getting answers out of HS2 as I did. It was not just because the company did not want to answer me, although it may have felt like that, so this is very important.

That is why Amendment 4, in the name of the noble Lord, Lord Berkeley, is absolutely crucial. We have already heard that the Government are saying there should be a review every six months, while the amendment asks for one every quarter. I think that a quarterly review is better because a lot can go on in those other months. I shall say this to the fans of HS2: if they want to get people on side, they have to be able to convince them that HS2 is a listening organisation and will do what it must to try to remedy the damage that it is doing, and indeed to avoid doing damage.

It is no good HS2 just riding roughshod. It is pretty obvious to me, and I hope to many noble Lords, that this project is deeply unpopular not just among those along the line, living in the countryside, whose lives are affected —it also affects urban areas, of course—but among a large part of the whole nation. They are concerned about the spiralling costs. It is time for us all to have a really close look at how this project is going, and I therefore support both amendments.

Baroness Young of Old Scone Portrait Baroness Young of Old Scone (Lab) [V]
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My Lords, I declare an interest as the chairman of the Woodland Trust, as previous noble Lords have indicated. Like other noble Lords, I thank the Select Committee, chaired so admirably by the noble and learned Lord, Lord Hope, for its work. It made some valuable recommendations on behalf of ancient woodland protection.

I speak in modified support of Amendment 4, in the name of my noble friend Lord Berkeley, and Amendment 9, in the name of my noble friend Lord Tunnicliffe. I will focus on the impact of HS2 on irreplaceable ancient woodland. I also pay tribute to the noble Lord, Lord Blencathra; I support everything that he said on Amendment 9. His defence of the importance of biodiversity and ancient woodland were quite lyrical and based on his huge in-depth knowledge of the policy framework for these areas and the practice on the ground. It would behove us all to listen to the noble Lord, Lord Blencathra, especially when he is offering us large drinks afterwards.

Phase 2a of HS2 is, in terms of ancient woodland, a bit like

“Just when you thought it was safe to go back in the water”,

that inimitable phrase from “Jaws 2”, because phase 1 is working out badly enough in its impact on ancient woodland—those natural cathedrals of biodiversity and trees. Phase 1 of HS2 directly affects 34 ancient woodlands and indirectly impacts 27. Phase 2a, which is covered by this Bill, is one-quarter of the length of phase 1; it directly impacts 10 ancient woodlands and has a number of indirect impacts. The rate of damage has increased per kilometre of track in phase 2a, compared pro rata to phase 1. There will be further loss and damage to ancient woodland caused by the subsequent phase 2b. This is strange, in my view, when seen against the current policy background.

Only last year, the Government increased the protection for ancient woodland in planning guidance. As the noble Lord, Lord Blencathra, said, there is now a policy steer from government about net biodiversity gain from all developments, apart from major infrastructure schemes. HS2 Ltd assured Parliament at the beginning that the project would deliver no net loss of biodiversity. But it has acknowledged that ancient woodland is irreplaceable and therefore cannot be damaged without there being a net loss of biodiversity. I would support the call of the noble Lord, Lord Blencathra, for the Government to commit to net gain in all their sponsored projects, including major infrastructure schemes.

If it were not so serious, it would be almost laughable to see HS2 Ltd digging up ancient woodlands in phase 1, carting them across the country and dropping them off elsewhere, in the pious hope that something might survive and re-establish. For the record, I assure the Committee that there is no evidence at all that this translocation of ancient woodland works. Let us not kid ourselves that these activities, which are quite expensive, do anything more than act as a fig leaf. The Minister has heard me bang on about this so many times that I am sure she is bored. She will no doubt tell me yet again that there are 52,000 fragments of ancient woodland still left in Britain, so losing a few is just regrettable. That is like saying, “If Salisbury Cathedral or York Minster bit the dust, let’s not worry—after all, there are lots more cathedrals”.

The amendment proposed by my noble friend Lord Berkeley would require the Secretary of State to publish quarterly reports on the environmental impact of the scheduled works. I very much support the concept of regular reports and I will explain why in my comments on the environmental performance of the scheme, although quarterly is perhaps a bit too frequent. The amendment tabled by my noble friend Lord Tunnicliffe would require the Secretary of State to publish an annual report detailing the impact specifically on ancient woodlands.

Such reports are important because it has not been at all easy to get reliable and up-to-date data on the HS2 project’s impact on ancient woodlands from either the Government or HS2 Ltd. However, although these reports would be valuable, they would do the job only if there is a process for the Government to review them, learn lessons and lay out the alterations they will require to reduce the impacts of forthcoming works, and how HS2 Ltd will be held to account for existing impacts which were sometimes in excess of those permitted, and reduce or avoid those yet to come. I hope that a toughening up of these amendments might be considered at Report.

Allan Cook, chairman of HS2 Ltd, is very proud of the engineering innovation and ingenuity this project is delivering. Regular reporting on ancient woodland impacts by HS2 would enable him to demonstrate that engineering and ecological innovation and ingenuity would be increasingly deployed to reduce and, I hope, eliminate adverse impact on ancient woodlands. I do not believe that this is impossible—where there’s a will, there’s a way—but it is about not just HS2 Ltd but the Department for Transport taking ancient woodland seriously and showing some leadership in bringing forward actions that put flesh on government policy commitments to better protection for ancient woodland.

This is a deeply unpopular scheme. I was amazed to hear that the vast majority of complaints received about it have been based on its biodiversity, ancient woodland and natural site-based impacts. There must be more we can do to address the distress of many people at what the scheme is doing to our natural habitats. If the Government do not favour these requirements to report, what changes to the process would the Minister propose to ensure that the lessons from previous destruction are taken on board openly and transparently and reduce the destruction of and damage to ancient woodland, rather than simply barrelling on, doing the same thing we have unsuccessfully and damagingly done in the past?

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP) [V]
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My Lords, I am in awe of all the previous speakers. I acknowledge their huge experience in and knowledge of this issue. I particularly liked the noble Lords, Lord Blencathra and Lord Randall, shaking out their Green petticoats. It was absolutely amazing; respect for that.

I support both amendments very strongly. Amendment 4 from the noble Lord, Lord Berkeley, is almost the root of the Green Party’s opposition to HS2—the first part, in any case. Amendment 9 is also important, highlighting HS2’s detrimental impact on ancient woodland. We have heard an awful lot of guff about how ancient woodland can be replaced—that they will take the soil so that we will have the same biodiversity. It is all complete nonsense. Ancient woodland is irreplaceable. I particularly liked the comment from the noble Baroness, Lady Young, about Salisbury Cathedral. It is exactly that. These places are special. They are not all the same; they are all unique. They need to be cared for and protected in a way HS2 seems absolutely incapable of doing.

17:45
Of course, it is not only ancient woodland being damaged; it is also sites of special scientific interest and precious habitats being sliced up, which, without the necessary size, may no longer be viable. Given that the environmental impact of HS2 seems to be so huge, why do we find it acceptable? How in the past has it got away with doing so much damage and how can we stop it doing it in the future? If we add to this the spiralling costs, it becomes an obscene project and we need to think hard about it again.
However, if the project is to go ahead, reporting has to be statutory and mandatory—I do not understand how it gets away with it. If it is every six months, that is fine, but let us make sure that it is done properly. The reporting should include rigorous assessment of the mitigation and replacement measures which aim to reduce the ecological impact. I do not trust HS2 to do its own reports. It has to be a trustworthy report to make sure that it is not doing worse than it has done already.
I am highly sceptical of many of the measures that HS2 has already used. The noble Lord, Lord Randall, mentioned the trees in the Colne valley. Thousands of newly planted trees have been left to die. I do not understand how we can be sure that HS2 will do not the same again—not exactly that perhaps, but something very similar. It cannot be trusted with our precious habitats and species and the amazing, biodiverse habitats that it is just carving up. Please will the Government make sure that they are a bit tougher on HS2 than they have been so far.
Lord Liddle Portrait Lord Liddle (Lab) [V]
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My Lords, I want to make a couple of brief points. First, it is important that there is some scheme of environmental monitoring, which I support. Three-monthly monitoring seems excessive, but it is good to have this amendment. Secondly, however, I am rather shocked by the tone of many noble Lords who are against HS2 in their treatment of these environmental questions. As one who served on your Lordships’ Select Committee on the Bill, HS2 seemed to me to display considerable concern and detailed knowledge of what it was doing on these points. Our exchanges with the Woodland Trust as witnesses were not in the tone of many noble Lords’ comments today. I thought that a good dialogue was opening up between the Woodland Trust and HS2. We made some recommendations in our report for more sensitive treatment of ancient woodland, particularly trying to avoid damage in the construction period, as well as recommendations on the planting of new woodland, but I am somewhat shocked by what I have heard this afternoon.

Lord Adonis Portrait Lord Adonis (Lab)
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My Lords, I agree with everything my noble friend Lord Liddle just said. As a former member of the HS2 board and as the Minister who set up HS2 Ltd, environmental concerns were absolutely at the heart of what we sought to meet. By and large, HS2 has done a good job.

The fundamental concern many noble Lords have is that this railway is being built at all. We need to be quite clear about this. The impact on ancient woodland is miniscule as regards the proportion of woodland affected. Some noble Lords would prefer that the line was not built and there was no impact; I respect that entirely. However, Parliament has given these powers and it is a project of importance. The noble Lord, Lord Randall, says it is unpopular, but that is not what the polling shows at all. It shows that HS2 as a scheme is popular with the public at large. Railways are popular, and indeed, if I may point out to the noble Baroness, Lady Jones, they are particularly popular with Greens.

Unfortunately, a kind of parallel debate is taking place here. There is one between opponents of HS2 who are simply latching on to anything they can use to try to undermine the project, and the reality, which is that HS2 is doing, by and large, a good job. It could improve—of course all organisations can improve—but it is doing a good job of meeting its environmental obligations, and the requirements placed upon it by the Government are reasonable as regards no net loss.

I point out to the noble Lord, Lord Blencathra, that he delivered one part of his speech condemning cost overruns at HS2, which was prefaced by calling for additional costs, which would be significant. He tried to pooh-pooh them away in a kind of rhetorical way, but it would be very significant if they were imposed on HS2. He needs to work out how he reconciles the first half of his speech with the second half.

On reporting, I am in strong support of full transparency and proper accounting processes, as I have been all the way through this project. I hope that the Minister will tell us what the process for reporting is. HS2 Ltd publishes a full annual report, which gives an update of the progress on the project across a number of dimensions, and it is regularly held to account by parliamentary committees, including the Public Accounts Committee, and internally by the Government.

However, I see merit, as my noble friend Lord Liddle said, in a requirement for an ongoing process for reporting on delivery against environmental and financial objectives. Subject to what the Minister says when she tells us what the reporting processes are, might it be possible to bring together my noble friend Lord Berkeley’s Amendment 4 and my noble friend Lord Tunnicliffe’s Amendment 9? The latter would require annual reporting in respect of the impact on ancient woodlands. My noble friend Lord Berkeley’s amendment would require quarterly reporting across a much wider range of impacts —not just environmental impacts, but costs of land acquisition, the progress of the project, and revenue forecasts and cost-benefit analyses. I support the broad range of issues that my noble friend Lord Berkeley wants to see reported on, but quarterly reporting is too regular. Subject to what the Minister says, if we are still not happy about the formal requirements for reporting after the Grand Committee, I wonder whether it might be possible to have annual reporting, as suggested in my noble friend Lord Tunnicliffe’s Amendment 9, across a broader range of indices. My noble friend is right that annual reporting is the way most organisations report on objectives and costs.

Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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I call the noble Lord, Lord Framlingham. No? Perhaps we can come back to the noble Lord. I call the noble and learned Lord, Lord Hope of Craighead.

Lord Hope of Craighead Portrait Lord Hope of Craighead (CB) [V]
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My Lords, I endorse everything that the noble Lord, Lord Liddle, said, based on his experience as a member of our committee.

The noble Lord, Lord Randall of Uxbridge, mentioned that, proportionately, more woodlands are affected by this project than in the case of HS2 phase 1. One should not be surprised about that, because it takes a long time to get out of the built-up area around London, and quite a long time before its begins to reach the much more urban countryside through which this phase passes. Therefore it is a feature of this particular phase that we encountered a lot of countryside, a lot of farmland, and indeed woodlands.

The noble Lord was perfectly correct and the statistics are these: 10 areas of woodland are affected, of which about 9.8 hectares will be lost due to the project. Most of them are quite small but there is a particular one, at Whitmore Wood, where a substantial amount will be lost but there is a good deal of replanting and enhancement going on to make up for that.

As far as the issue of net gain is concerned, we discussed that at some length with the Royal Society of Wildlife Trusts. To endorse the point that the noble Lord, Lord Liddle, made about the sensitive way in which HS2 was approaching these issues in our inquiry, we did have quite a lot of discussion about how net loss and net gain could be addressed. It was counsel for HS2 who suggested perhaps a nuanced approach to this issue would be appropriate and, based on what he said, in our report we encouraged HS2 to continue that approach. Shortly afterwards, a written assurance was given to that trust, which the trust has accepted.

One of the problems with going too far with promoting net gain is that before you get very far you find yourself having to acquire more land. That would be acquiring more land from hard-pressed farmers who are already losing a substantial amount of land as a result of the line itself and its associated works. We were very cautious not to be led too far down that path. One has to bear in mind, too, that a community development fund has been set up that would enable other landowners who feel that they can give up part of their land to obtain funding to make up the loss of woodland that is due to the scheme. The noble Lord, Lord Liddle, with great respect, is absolutely right about the sensitive way in which this matter has been dealt with by HS2, so far as we can see in the material that was before us at the inquiry.

There is, however, one matter I would like to express concern about: the woodland indirectly affected. We were not asked to examine any of these, but the kind of effects that are likely happen would include vibration and dust from the movement of a very large number of vehicles over a substantial period. This is something to be careful about, considering the impact on woodlands that have not been taken down but are in the vicinity and where wildlife exists that may be very disturbed by what is going on. There is certainly something to be said for the thinking behind this particular amendment—I am talking about Amendment 9—with regard to the indirect effect on other woodlands in the very attractive area through which this particular line is going to pass.

Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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The noble Lord, Lord Framlingham, will have to unmute himself in order to join us. If he cannot unmute at his end, I am afraid the technicians cannot do it this end. Sadly, I think we are going to have to wait for another amendment for a contribution from the noble Lord. I call the next speaker: the noble Baroness, Lady Randerson.

Baroness Randerson Portrait Baroness Randerson (LD) [V]
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My Lords, this group of amendments deals with accountability, including a special report on ancient woodlands, which have of course been the subject of a great deal of debate. No observer of the tortuous process so far for agreeing and starting construction of HS2 can really disagree that more answer- ability needs to be built into the process if taxpayers are to feel comfortable with the project. I was pleased that the Government have appointed a Minister for HS2—that is a good start. There is, I believe, a ministerial taskforce to improve community relations.

The loss of woodland, however, is always a concern. I read the committee’s report very carefully and it deals with this issue in detail. It is important to be clear that the term “ancient woodland” does not mean specifically very old trees but simply that there have been trees in that spot since 1600—which of course means that there is a very well-established ecosystem—whereas very old trees are called veteran trees. According to the committee’s report, there are 10 areas of woodland that will be lost, equalling about 9.8 hectares, plus seven areas, mostly very small, that will be affected.

18:00
To give a sense of the impact, there are over 50,000 separate pieces of ancient woodland listed throughout the UK, so the impact is marginal in numerical terms. However, any impact must be used as a reason to plant new trees. There is a debate about exactly how many can reasonably be required to be planted, although the committee believes that the Woodland Trust’s suggestion of 30 new trees for every old tree lost would be unreasonable. It cites in addition four new funds established for planting new trees and improving existing ancient woodland. I note that the National Trust, of which I declare an interest as a member, has received funding to undertake some of that.
Other important issues noted in the committee’s report include the importance of ensuring a stock of saplings free of disease. Another that I am personally particularly concerned about is the loss of wetlands, the importance of which is often overlooked by the general public. People see trees very much more easily than a patch of wetland.
The suggestion of an extra-long tunnel from Whitmore Heath to Madeley to avoid the loss of one patch of ancient woodland illustrates the ecological complexity of the situation. Tunnelling creates damage to the environment—materials have to be dug up in enormous quantities, transported and dumped somewhere else, which of course suffers from that impact, and the process creates emissions and noise, which makes life very uncomfortable for those nearby—so it is not an easy solution.
It would be wise for there to be continuous and careful monitoring as phase 2a is built, and in a format accessible to members of the public. However, we live in a densely populated island and we cannot build anything on this scale without affecting some established habitats. What we need is a structure to ensure that as few habitats as possible are affected and that promised remedial measures are robust and fully implemented.
I look on the environment as a balance sheet. In the fundamental fight against climate change, I am certain that HS2 will make an overwhelmingly positive contribution, with far more environmental goods than harms.
Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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My Lords, I call the next speaker, the noble Lord, Lord Tunnicliffe.

Lord Framlingham Portrait Lord Framlingham (Con) [V]
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Can the Committee hear the noble Lord, Lord Framlingham, now?

Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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No, we will take the noble Lord, Lord Tunnicliffe.

Lord Framlingham Portrait Lord Framlingham (Con) [V]
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I am ready to speak.

Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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We will come to you after the Minister. If you were ready then to make a short speech, I think that would be in order. I call the noble Lord, Lord Tunnicliffe.

Lord Tunnicliffe Portrait Lord Tunnicliffe (Lab) [V]
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My Lords, the position that we take on HS2 is unambiguously to support it, therefore I am not seeking to find devices to slow it down or otherwise damage its future. However, I recognise two things. Speaking first to Amendment 4, I note that the Government have gone some way towards the aim of that amendment by promising six-monthly reports. Indeed, the first one was published on 13 October in the form of a Written Ministerial Statement, as far as I understand it. If the department and the Minister were to look upon this debate positively, there could possibly be a meeting of minds, ideally before Report, on the contents of those reports so that the many sensible concerns expressed in this debate could be met.

On the environment, towards the end of the report it says:

“In the coming months, HS2 Ltd will establish a new Environmental Sustainability Committee (as a sub-committee of the HS2 Ltd board), let by its Chair Allan Cook. This committee will be charged with strengthening Environmental Sustainability Reporting including the development and publication of an Environmental Sustainability Report. HS2 intends to publish the first report next year.”

Perhaps the Minister might know of this report and be able to tell us when it will be published.

The discussion on ancient woodlands—I have to be honest—was merely the Labour Front Bench doing its duty and making sure that all issues were fully debated. I will not repeat the briefings that I have had from the Woodland Trust and others, because they have already been employed in the arguments so far. I urge the Government to listen to this debate and, once again, to enter discussions with Members of this Committee who have spoken so passionately on it to see whether the need for regular reporting can be merged with the particular and important needs of ancient woodland.

On the issue of the periodicity of reporting, the divide between one amendment calling for three months and the other amendment calling for one year could probably be crossed by a merger of the two. We settled on six-monthly reports, but with a wider range of issues, particularly involving ancient woodlands. I hope that the Minister will be able to achieve through discussion some consensus on these two issues, because while I recognise that speakers in this debate are, to some extent, coming from different directions, the generality of their contributions tends to be to the common ground of a report covering a wider range of facts.

Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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I call the next speaker, Baroness Vere of Norbiton.

Lord Framlingham Portrait Lord Framlingham (Con) [V]
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May I contribute now?

Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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No, Lord Framlingham, you will speak after the Minister, so you will be the next speaker after this one.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, I thank the noble Lords, Lord Berkeley and Lord Tunnicliffe, for their amendments in this group. They have been grouped together as they cover the very important areas of transparency and accountability. The Government agree that these areas are absolutely vital; we must ensure that the project is successful, and transparency and accountability will be at the heart of that. Like the noble Lord, Lord Adonis, I believe that HS2 must always strive to do better. That is good practice for all organisations.

That is why the Government have committed to providing an update to Parliament every six months on the progress of HS2. The first update was provided on 13 October, as has been noted, and that report covers data reported by HS2 Ltd to the end of August 2020. A copy of the report has been placed in the Libraries of both Houses. Furthermore, HS2 Ltd provides detailed annual reports to Parliament, as required by the DfT/HS2 Ltd framework document. Noble Lords will be aware that as principal accounting officer, the Permanent Secretary of the Department for Transport is accountable to Parliament for capital contributions and resources provided by HS2. The noble Lord, Lord Berkeley, referred to a recent letter from the Public Accounts Committee to the Permanent Secretary setting out a number of requests and observations, and this is a prime example of holding the Government and HS2 to account.

Specifically on environmental matters, if it is felt that a contractor is not meeting the requirements of the environmental minimum requirements, there is a three-step process that can be followed. In the first instance, the issue can be reported to the nominated undertaker, which in this case would be HS2. Secondly, if the issue is not resolved satisfactorily, it can be escalated and reported to my department, which can direct HS2 to implement corrective action. Finally, the issue can be reported to Parliament: to the Speaker in the House of Commons or to the Chairman of Committees in the House of Lords. Furthermore, individuals and bodies can raise issues with Sir Mark Worthington OBE, who is the independent construction commissioner for both phase 1 and phase 2a. This ensures access to clear, impartial advice and enables strong scrutiny of the project.

I turn to the issue of ancient woodlands. I understand and I commend the interest taken in our invaluable ancient woodlands and veteran trees. In the development of the project, every effort has been made to avoid or reduce the impact on ancient woodlands. For example, following extensive engagement with the Woodland Trust, we were able to offer a number of assurances in relation to ancient woodlands and veteran trees. Those include the retention of Noddy’s Oak near Stockwell Heath in Staffordshire, along with five other veteran trees.

I welcome the comments of the noble Lord, Lord Liddle, because we believe that we have a productive relationship with the Woodland Trust and we want very much for that relationship to continue. There are some places where we have not been able to protect a veteran tree or a piece of ancient woodland, and of course this is regrettable. However, HS2 is putting in place all possible mitigations to safeguard our environment as a whole. The environmental statements already report the likely significant effects of the phase 2a scheme on trees and woodland habitats, including veteran trees and ancient woodland. They also set out the proposed mitigations and compensations for the likely effects of the railway. HS2 has published an ancient woodland strategy for the scheme that sets out the expected loss of ancient woodland habitat and the range of compensation measures being proposed in response to those losses.

I know that there are concerns about how contractors can be held to account in undertaking works in or near ancient woodlands. As I have outlined previously, if it is felt that a contractor undertaking works authorised by the Bill is not meeting the environmental minimum requirements, there are steps that can be taken to ensure that there is an investigation. If any corrective action is needed, it is taken, and ultimately these steps can include a report to Parliament.

The Department for Transport and HS2 have done extensive work to assess, document and publicise the impact of the proposed scheme on the ecology of our beautiful urban and rural landscapes. A number of noble Lords have gone into detail about veteran trees and ancient woodlands, along with the broader environmental impacts of HS2. I will write to them in more detail on this because there is a fair amount to cover on the no net loss commitment of HS2, along with other things that can be done in order to achieve some net gain. I will also add some information on costs. Unfortunately, I do not fully recognise the costs that were put forward by my noble friend Lord Blencathra. I am not entirely sure where they came from, so I will set those out in more detail. I will also add some information about the nature and timing of the various reports. I realise that quite a number of reports have been produced and that it would be helpful for all noble Lords to understand where we are. There will certainly be more on the environmental matters when the Government’s response to the report of the Select Committee is published, which will happen shortly before Report. Also, in relation to this, I will arrange a meeting for noble Lords, probably with the Minister for HS2, so that we can go into these matters in more detail.

I believe that the current level of reporting across the project, which has only very recently been revised, is proportionate and sufficient. It comes alongside increased oversight of the project by not only my colleague Andrew Stephenson, the HS2 Minister, but the ministerial task force chaired by the Transport Secretary, which includes ministerial colleagues from across government. Both these measures are relatively new. They need time to bed in and for the impact to be felt. I therefore invite the noble Lord, Lord Berkeley, to withdraw his amendment.

Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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I have received requests to speak after the Minister from the noble Lord, Lord Framlingham, and the noble Baroness, Lady Young of Old Scone. I call the noble Lord to make a short contribution.

18:15
Lord Framlingham Portrait Lord Framlingham (Con) [V]
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My Lords, I hope that your Lordships can now hear me. I speak in support of Amendments 4 and 9, proposed by the noble Lords, Lord Berkeley and Lord Tunnicliffe. I particularly thank the noble Lord, Lord Berkeley, for his tenacity and detailed, professional questioning of what I call a farcical project—HS2.

I am afraid I must remind the Committee that had my amendment to the HS2 Bill, which I proposed on 31 January 2017, been passed, HS2 would now be history. Unbelievable amounts of money would have been saved and much anguish and environmental damage would have been prevented. I had just 26 supporters on that day in your Lordships’ House, but two of them were uniquely placed to understand the project. The noble Lords, Lord Burns and Lord Macpherson, had been Permanent Secretaries to the Treasury; one under Gordon Brown and the other in the time of David Cameron and George Osborne. They were both so convinced that HS2 was a mistake that they voted to stop it, even at that stage.

It has often been said that HS2 is a vanity project, and that is true. It was conceived in what can be described only as a fit of misplaced enthusiasm, costed on the back of an envelope and somehow pushed through government, where, just like the emperor’s new clothes, no one seemed able or prepared to ask the most fundamental questions about its feasibility. From the beginning, Ministers have stubbornly refused to listen to any suggestions of shortcomings, whether about speed, capacity, environment, construction or cost. Money is no object. HS2’s chief executive Mark Thurston has said:

“I’m not worried about overspending”.


When asked on the radio what the Government were prepared to spend on it, the then Transport Minister, Chris Grayling, replied “Whatever it takes.” If it takes £100 billion, we could rebuild every hospital in the country for that kind of money. This ministerial refusal to listen is what is frustrating so many railway professionals and interested organisations. It is, quite frankly, ridiculous that Government Ministers are not treating with more respect the views of those eminently qualified to contribute to the issue.

When HS2 was first conceived, a large body of professional railway engineers wrote to the Minister offering to come and see him to share their concerns. He refused even to see them. The advice of people such as Michael Byng, a recognised expert in the field, is ignored and the Woodland Trust, the custodian of our ancient woodlands, finds it impossible to obtain the information it needs. I recently received a communication from an organisation that had given evidence to our House of Lords Select Committee. It said:

“Unfortunately, we do not consider that we have received a fair hearing and feel that the hybrid Bill process is not an appropriate method for making independent and valued engineering, environmental and economic judgments about something so important as the HS2 project. It is also deeply frustrating that HS2 Ltd’s case and the evidence of its witnesses, however technically weak, is automatically accepted as unchallengeable, as if it was the gospel.”


Even as we speak, I understand that HS2 is carrying out work at Euston station which may never be needed. It is a shambles. I am delighted to support the amendment of the noble Lord, Lord Berkeley, which would bring a degree of accountability and sanity to this chaotic project, but I will not hold my breath.

I am also very happy to support Amendment 9 in the name of the noble Lord, Lord Tunnicliffe. I am very grateful to the Woodland Trust for its very helpful briefing. It is quite intolerable that an organisation such as the Woodland Trust, custodian of our ancient woodlands, should find it so difficult to obtain information about what is happening to them. Our ancient woodlands are truly irreplaceable. Their soil structure, undisturbed for centuries, cannot possibly be recreated. The idea that they can be moved to other sites is laughable. No amount of tree planting can possibly compensate for the loss of our ancient trees. I have tabled Questions to try to discover the extent of the damage to date. I have been presented with the blandest Answers.

The amendment from the noble Lord, Lord Tunnicliffe, would ensure that HS2 has to account for the damage it does, with facts and figures, which at the moment are so hard to come by. When, in this environmentally sensitive world, it is doing so much harm to the countryside, the very least it should be expected to do is regularly report on its actions and their consequences.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I thank my noble friend for his comments. I believe I covered all the issues he raised in my earlier remarks. I have nothing further.

Baroness Young of Old Scone Portrait Baroness Young of Old Scone (Lab) [V]
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My Lords, I will make two brief points. I really do object to the way the noble Lord, Lord Adonis, accuses everybody who raises legitimate objections to anything as being against the project being built. Nothing could be further from the truth. My comments in particular are about environmental performance, not the project as a whole. I have never commented on the validity of the project as a whole. I wish he would stop putting everybody into that box.

I was also rather distressed by my noble friend Lord Liddle’s shock at the tone in which several noble Lords made their remarks. We need to be alert to the fact that although the Woodland Trust and other wildlife and environmental organisations are working alongside HS2 Ltd because that is the only way forward—jaw-jaw is always better than war-war—there is considerable dissatisfaction about HS2’s environmental performance in phase 1. It failed to identify a whole range of ancient woodland sites until prodded. It chose, for some inexplicable reason, to introduce a whole load of non-native species in its planting arrangements. It has continued to have impacts on temporary sites that probably could have been avoided, as the Select Committee pointed out. It has been very close to the line, and may even have gone over it, on damaging sites before getting necessary licences for things such as disturbance or destruction of bat roosts. It is not an easy relationship, but everyone in the environment movement—I am sure they would not mind me speaking on their behalf—wants to work with developers. We want a recognition from the Minister that the Department for Transport needs to indicate higher expectations of HS2 than, “It’s only a few ancient woodlands, it doesn’t really matter,” which is what I got from the Minister’s comments so far.

The Minister talked about the variety of complaints channels people can take up. Complaints channels are a bit like shutting the stable door after the horse has gone. We need more encouragement of an atmosphere of continuous open learning, acceptance of the need for improvement and to move on from that learning to implement things differently in successive phases, successive quarters or however long the reporting period might be. It was incredibly distressing, in the gap between phase 1 and phase 2a planning, to discover that the entire teams we had been working with on phase 1 had not passed that learning on to the teams planning phase 2a. We have to find a way to make sure that the operational learning that comes out of doing the job on the ground does not disappear, gets picked up and results in improved environmental performance.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I think my comments still stand. What the noble Baroness has outlined highlights the importance of a constructive and productive relationship between all environmental NGOs, including the Woodland Trust, and HS2. Building large-scale transport infrastructure is never easy. It is always a very challenging time. People with different interests will want different things and compromises have to be reached. I hope that the noble Baroness will join me, Minister Stephenson and other noble Lords when we go into environmental matters in a bit more depth after Committee stage and before Report. Perhaps I will be able to reassure noble Lords that HS2 is learning lessons and will take them forward into phase 2a.

Lord Berkeley Portrait Lord Berkeley (Lab)
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I am grateful for the opportunity to wind up the debate on these amendments. I thank all noble Lords who have spoken. The debate has ranged widely from those who, frankly, do not trust HS2 further than they can throw it and others who say that it is doing fine on reporting.

It is certainly true that the Government are trying to produce more reports, which many noble Lords think is a good start while others are less trusting—I suppose that in the end it comes back to trust. The environmental effect of a railway could be massively mitigated if the speeds of the trains were reduced so that it could go around ancient woodlands and avoid so many deep cuttings and embankments. That is something which the French learned 30 years ago, and I suspect that it is being learned for phase 2b—certainly for the east side, maybe the west side as well—but my noble friend Lord Adonis will then complain that the trains are not going fast enough. That can be debated.

Some regular reporting is needed to provide the transparency that many noble Lords believe is necessary, me included. It needs to cover each phase, as well as the whole thing, and must cover all the things which are in my amendment and probably a few others as well. Yes, there is an independent construction commissioner, but to some extent that is shutting the stable door after the horse has bolted, although the commissioner does a really good job.

If we were to sit around the table and the Minister was prepared to do it, I am sure that some amendment or addition to the existing reporting could be achieved. However, the real question is this: is there sufficient trust among noble Lords for it to be done without some independent scrutiny, which I shall discuss when we come to Amendment 6? That is something to reflect on and it all comes back to trust. We have had a really good debate on it. The Minister said that she would be happy to talk between now and Report and we should take her up on it. I am sure that we can reach some compromise on reporting not just what has happened but what will happen in the future, or what is planned to happen, and any issues that may come alongside it.

I again thank all noble Lords who have spoken. We have heard a wide variety of opinions, which is great. In the meantime, I beg leave to withdraw the amendment.

Amendment 4 withdrawn.
Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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We now come to the group beginning with Amendment 5. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.

Amendment 5

Moved by
5: After Clause 58, insert the following new Clause—
“Compensation scheme for tenants
(1) The Secretary of State must by regulations make provision for a scheme to compensate tenants adversely affected by the scheduled works.(2) Regulations under this section may contain such supplementary, incidental, consequential or transitional provision as the Secretary of State considers necessary or expedient.(3) Regulations under this section must be made by statutory instrument.(4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of resolutions of both Houses of Parliament.”Member’s explanatory statement
This is intended to require the Government to introduce regulations to ensure that tenants affected by the works are fairly compensated.
Earl of Lytton Portrait The Earl of Lytton (CB) [V]
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My Lords, we now move from natural landscapes and habitats to the man-made ones. Before I go any further, I declare my interest as an almost completely retired chartered surveyor, although I confess that it is a very long time since I dealt with anything in relation to compulsory acquisition. Provided that the Committee chair does not object, I propose to speak to Amendment 5, during which I will incorporate any comments I have in relation to Amendment 10, which covers the same ground to some extent. I will also speak to Amendment 13 before formally moving Amendment 5.

18:30
I start by saying that I am not in any way anti-HS2, but I am pro-efficiency in operation. This amendment is about compensating tenants. That is any tenant, whether they are residential, businesses or neither, but it is of particular relevance to residential and possibly agricultural tenants, because it may also be about their home.
For some time, leases have been getting ever shorter. Business leases in particular have been going that way, also with options to extend or break. In many areas, the rate of turnover may be considerable. This is a response to and a product of the uncertainty of our times. No lease of less than seven years’ duration is required to be registered with HM Land Registry. Apart from perhaps the register of electors, council tax or non-domestic rate records, there may be little to identify an occupier or the nature of their tenant, and none at all if it happens to be agricultural. This gets worse when the tenant may themselves have legitimately entered into a subletting.
My understanding is that HM Land Registry has a fairly substantial backlog of registration cases. I have not had a moment to check with HMLR direct; if I am wrong in that case, I will be very happy to stand corrected. However, if I am right, even a registrable change of ownership and the contact details attached to that may be many months in contemplation before it gets finalised on the register or picked up on a register search. HS2 Ltd is of course charged with giving notice of its intent to compulsorily acquire land
“to all the persons interested in, or having power to sell and convey or release, the land, so far as known to the … authority”—
that is, HS2. The first point is to ask how good it is at picking up these unrecorded tenancies and what sort of contingencies it has in place for what might be a considerable area of doubt.
In addition, there are some very long lead-in periods in the HS2 scheme. The Bill removes the normal three-year time limit on exercising the compulsory rights by the acquiring authority, so the timescales are no longer contained in the way they would be with a conventional compulsory purchase scheme. Moreover, when it comes to taking possession of the land, the Bill cuts the normal three months’ notice to one month for acquisition of subsoil rights, but as subsoil works are likely to be the most potent circumstances of physical damage being caused to buildings, some people might reasonably regard this as a bit alarming.
In another place, the Minister referred to the C15 guide—one of a series of guides produced by the Department for Transport—which relates to short-term residential tenants. The guide suggests that normally a tenancy by way of an assured shorthold tenancy will not give rise to a compensable legal interest due to the brevity of that tenancy arrangement. I should have thought that a tenancy on a one-year term but with a clear expectation of being able to stay much longer might feel somewhat cheated by such an arrangement.
I therefore turned my attention to the report from the Select Committee on the Bill, which had some comments to make. Here I pay tribute to the noble and learned Lord, Lord Hope, and his committee, for a truly excellent piece of work. Paragraph 115 of that report refers to residential tenants
“who are leaseholders with at least three years of their terms unexpired”
and goes on to say what schemes for compensation they may be entitled to. It says:
“Other residential tenants will be entitled to a home loss payment. This does not however apply to tenants with shorthold assured periodic tenancies, to some agricultural tenancies, or to tenancies of narrow boats. The House of Commons Select Committee took up these omissions with the Secretary of State but does not seem to have made much progress.”
Noble Lords will start to see the issues, and my second query is to invite the Minister to give us a bit of a progress report on what is happening there.
Disturbance payments should be payable to tenants, but C15 contains comments about mitigating losses. That is fair enough in theory, but getting several quotes for removals and possibly for estate agents’ services in circumstances in which the guidance is silent on the question of getting professional advice about the totality of the claim itself, in what is a very demanding technical area of law and practice, seems to cram a lot into a short notice period, part of the costs of which might not be compensable. Bear in mind this is net additional cost, inconvenience, distraction and worry over and above those of the normal lives of tenants of every sort.
A home loss payment is not payable in circumstances where the tenant has been in residence for less than 12 months. Furthermore, disturbance payments may be denied where the tenant leaves voluntarily, is subject to a notice such as a notice to quit, or exercises a break clause, even if the root cause of the move is the threat of compulsion by HS2 Ltd. People in their own homes and businessfolk, even as tenants, do not wait until the last minute before being given the heave ho. Given the level of uncertainty about aspects of HS2 and its programme in particular, one would have to say, who can blame them? Again, I sense that this arrangement is intrinsically unfair.
The Select Committee also looked at business premises. At paragraph 116, it referred to the question of basic loss payments that are
“equal to 7.5 per cent of the open market value of the premises or £75,000, whichever is the smaller.”
That is applicable to owners—the freeholder of the property. It goes on:
“Business tenants who are displaced will be entitled to an ‘occupier’s loss payment’ of 2.5 per cent of the open market value of the premises or £25,000, whichever is the less.”
Crucially, the Select Committee says:
“Some commentators have suggested that these percentages of 7.5 per cent”
to the freeholder, and 2.5% to the occupier or tenant
“should be reversed, but that has not so far”
been recognised. The point is that the tenant is the person in occupation, suffering the greatest disturbance, and the landlord is usually the investor. The Compulsory Purchase Association, with which I have had a dialogue in the distant past but not specifically on this Bill, has long advocated a suggested change so that those percentages are reversed, with the largest percentage going to the tenant or occupier and the smaller percentage going to the freeholder. My next question for the Minister is: why has nothing happened to rectify this?
Complaints have reached my ears that HS2 Ltd’s approach tends to be governed by what it has budgeted for. I suppose there is really no surprise about that, but the budgeting process has to date given the appearance of being somewhat haphazard. I choose my words carefully in the light of what was discussed a short while earlier. However, I have it on what I believe to be good professional authority that its budgets for acquiring interests in land have been particularly wanting and particularly subject to subsequent upward adjustments. Naturally, there will be pressures to limit unplanned or avoidable exposure to claims, but I am told not only that legitimate claims are being questioned with a degree of quite unreasonable rigour, but, more particularly, that payment of compensation at just and proper levels, even under the advanced payment principles, is being curtailed or delayed in what looks to claimants and their advisers rather like a form of coercion.
I will comment on how this arises a little later, but HS2 Ltd has also seemed to have adopted its own interpretations of things, such as assuming that tenants will automatically leave anyway at the first available break clause or the earliest termination date. However, this does not necessarily reflect the reality in all cases, especially where, as I have said before, continuation is the expectation. Will the Minister tell us whether this practice has now ceased?
The frictions that I have outlined are unhelpful. They impede momentum and add to costs; they also create considerable distrust. I am aware that HS2 is a huge organisation, but it has to be less impersonal and do fewer things by rote. That is the background to Amendment 5, but it has to be seen in the context of my later Amendment 12, which is about treating claimants fairly. Will the Minister be prepared to meet noble Lords to discuss these issues?
I turn now to Amendment 13, which relates to compensation for losses suffered by owners. I will not go through the text, but this is a probing amendment. There has been concern in phase 1—when I refer to phase 1, I do so because that is the example we have before us of the way matters have been unfolding and how HS2 Ltd is dealing with them—about the way HS2 Ltd has been handling compensation payments. Normally, claims for compensation are paid at the end of the acquisition process, but there is a provision for the acquirer to pay its assessment of compensation in advance, and acquirers will often accept interim claims where necessary. However, there was a lack of suitable structure to requests for advance payments until the Housing and Planning Act 2016 provided a framework for the payment of compensation in advance. In reality, “advance” is a misnomer: in fact, very seldom is compensation paid in advance of entry, but the objective was that the payment would be made within three months of receiving a claim for compensation following a general vesting deed or a notice of entry.
The payment of compensation in advance was going to be backed by the application of a punitive rate of interest if it was not made on time by the acquiring authority. However, HM Treasury has not implemented this measure, so the current statutory rate of interest applied to outstanding compensation payable to claimants remains at 0%. This is hardly an incentive to good practice.
HS2 Ltd has, I understand, sought to pay compensation for land it occupies on a temporary basis when the occupier would usually suffer a loss—for example, arable farmers at harvest time, although it might be some other business activity. This could mean that HS2 Ltd, if it accessed the land at the previous harvest, paid nothing for nearly a year for the occupation of that land. In some cases, occupation might be short-lived; for instance, the relocation of power lines might take only a few months. In other cases, however, it could be several years. Either way, this could be highly disruptive to the owner. It is important that, where possible, compensation for temporary occupation is also paid in advance, the best it can be estimated at the time. The difficulty, I understand, is that HS2 tends to try to reduce its exposure by delimiting the amount it will pay in advance.
In phase 1, furthermore, I understand that HS2 has also made much use of the temporary occupation provisions to start early works, and only then serve a general vesting declaration for permanent acquisition at a later stage. This means that the landowner loses the use of the land on day one of the temporary occupation but cannot put in a claim for compensation for any permanent impacts until HS2 Ltd serves the GVD. This means that the permanent impacts of the construction—loss of value of retaining land and value of buildings, increased costs of operations and so on—may not be compensated for several years and, paradoxically, may be easier for HS2 to argue against in retrospect.
So even though HS2 Ltd’s real intention might have been to take land permanently from the outset, it is actually able to do so under a temporary provision. That does not seem right because the business cannot restructure until the main compensation is paid and is therefore in limbo for years. The purpose of the amendment is to address that issue but, as I say, there are aspects of it that I will address again in a different context on Amendment 12. I beg to move.
18:45
Lord Berkeley Portrait Lord Berkeley (Lab)
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My Lords, I have listened carefully to the explanation by the noble Earl, Lord Lytton, of the problems with compulsory purchase and payments to those affected—mostly by HS1, because so far that is where the experience is available, unless we go back to Crossrail, which I think we will come to later. With his professional knowledge, the noble Earl has told the Committee many things that are of serious concern. If HS2 really wants to succeed then we have to accept, and I am sure we all do, that it has to be seen to be a good neighbour and to demonstrate that, but at the moment there is a serious lack of trust in many areas.

I heard about some of the problems on HS1 probably three or four years ago when it was quite clear that the company was trying to get access to land and purchase it, whether for permanent or temporary works, but basically did not have enough money allocated from the Treasury to do so. All the results that the noble Earl explained then took place. There was one particular and rather unfortunate set of examples where HS2 wanted to drill boreholes to find out what the soil was so that it could design the foundations for bridges, embankments or whatever. Sometimes the landowners were so fed up with not being paid what was due that they refused access. That was then one of the reasons HS2 used to explain why some of the costs had rocketed, because it could not design the foundations until it had done the boreholes. We can believe that or not, but it was an issue, and it stems from HS2 not asking for enough money from the Government, the Treasury or whoever to do the job properly from the start.

I do not know how many cases of failure to pay compensation are still outstanding; maybe the Minister could tell us when she winds up or write to us afterwards. For me, the whole issue demonstrates that the current arrangements are not fair and will cause a lot of problems for people if and when there is another phase. When the land purchase for phase 2a starts taking place, people are going to say, “It wasn’t done right in phase 1 so we’re going to dig our heels in for phase 2.”

One other issue was raised in the House of Commons that I do not believe was answered. Within all the categories of people who think that they are eligible for compensation, what happens to those with boat moorings on a canal that is affected? They may be hard to locate if they go walkabout, but they may not do that. It seems to me that along with tenants, short-term and long-term, and other people, anyone affected should be capable of receiving some kind of compensation on a fair basis.

Lord Haselhurst Portrait Lord Haselhurst (Con) [V]
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The last thing I would want to argue against is a fairness regime for dealing with compensation. I can only base my impressions of this on the time I spent as a member of the Select Committee. From the moment we were appointed to when, because of the obvious delays caused by the disruption of the pandemic, we actually got down to work, the number of petitions that had been raised by dissatisfied persons or groups had diminished because there had been a settlement. During the course of our proceedings, by the time some of those who had an outstanding petition were due to appear they did not do so because their claim had been settled. So at that stage we heard only what proved to be the difficult cases, and one has to assume that many other people, whether they did so with regret or willingly, had withdrawn their petitions because they had reached a satisfactory conclusion. Of course, while one thinks in a most concerned way about the individual or small community, or the person with a small business who would seem to be in a very difficult situation, generally speaking, most of the claimants were people who had themselves been able to take professional advice. They were not exactly innocents battling against hard-headed professionals in the shape of HS2.

Other members of the Select Committee will speak now or on a future occasion before the legislation has passed through your Lordships’ House, but I do not think that we had the impression that there were so many difficult cases where the levels of compensation were not adequate. Clearly there are the statutory schemes, along with many others that statute has added over the years, to which different categories of claimant could turn. Again, we felt that, through further negotiation, an accommodation could be achieved between the understandably very different points of view—the promoter on the one side and the person facing a diminution of their enjoyment of the place where they live or work on the other.

It is obviously difficult to create a scheme that covers every nook and cranny. We saw a wide range of cases in the petitions that reached us. Some were down to individuals with, in some respects, a heartbreaking tale to tell, but it was hard to see how legislation could have been crafted in a way that would have eliminated that sense of grievance without setting compensation rates at a very high level. It is the case that HS2 has been accused of splashing the cash irresponsibly in many other ways, but still, given the levels of reserves accorded to it, it has to be careful about the level of compensation that it pays. It has that responsibility.

The safeguard in many cases has been the fact that one can petition Parliament. If you are not satisfied with what you get appearing before the House of Commons, you have another chance, for the most part, with the House of Lords. I like to think that all those with grievances who brought petitions were helped by the deliberations of the committee and the lubrication that we may have added to the process of further discussion between the two sides in order to come out with a satisfactory solution.

Simply on the evidence that we have, those who had complaints felt that quite considerable progress was achieved between the two sides. I cannot be satisfied that a whole new range of conditions has to be created, as covered by some of these amendments. Yes, we have to ensure that the basic principles on which compensation operates are fair, but I certainly do not have the impression that they are grossly unfair in a large number of cases. I dare say that further discussions will take place on whether there can be a responsible tightening-up to ensure that we are not leaving out protection for people who really are hit badly by the construction of the railway and are not getting a fair outcome. I am sympathetic to the purposes of the amendments, but I wonder whether they are a sledgehammer to crack what might not be a very large nut.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP) [V]
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My Lords, I congratulate the noble Earl, Lord Lytton, on his 14-and-a-half-minute masterclass on how to pull apart inadequate government legislation. It was absolutely brilliant, and I cannot see that it leaves much for the rest of us to say—however, I am going to try.

I am delighted that noble Lord, Lord Framlingham, got in on the last debate, because his was a valuable contribution with which I largely agree. I read the Select Committee report, but what has come over strongly during these debates is just how much the members of that committee swallowed the HS2 line. It is almost as if they did not use any judgment and, as was said by others, perhaps did not listen to anything that reduced HS2 in any way. They perhaps put too much trust in the HS2 organisation and should have listened to the personal testimonies of those who have come up against it; for example, the noble Lord, Lord Randall. Perhaps they should swallow a more sceptical pill next time, if there is a next time.

I take issue with the noble Lord, Lord Adonis, who grouped everyone together in the same box, as the noble Baroness, Lady Young, suggested, and impugned their integrity—that is quite offensive. In my case, it is absolutely right that I wanted to stop the original plan, because I read the briefs which said what a terrible waste of money it was going to be and how it would devastate a lot of the countryside. All those things have come to pass; they were all true. The noble Earl, Lord Lytton, has laid out that the HS2 organisation did not have a very good business case; it did not think ahead; it did not assess the situation as well as it might have done. It is now in a mess, having to pay compensation to people whom it has not treated very well.

19:00
Even though I wanted to stop HS2, I still believe that we have to prevent the next stages from making the same mistakes. I would thank the noble Lord, Lord Adonis, for not telling me what Greens think; I know very well what Greens think. We have had a policy for eight years of being against HS2. Personally, I am a train fan—my husband works on the railway, we do not have a car, and in normal times we travelled to places every week by train—so I understand extremely well the value of railways. But the whole point about HS2 is that it was designed to cut a few minutes of travelling time for businessmen, and in these days of remote voting it is just not appropriate any more. However, although it is never too late to stop something, perhaps we have lost that argument.
I turn back to the amendments. I support all of them because, although obviously the impact of HS2 on the natural world is massive, it also affects people—individuals, families, communities. There are businesses that are going to be disrupted, possibly for a decade or more. That has to be taken into account, especially after the dreadful impact of the pandemic. In fact, the Covid response shows how the Government could put their hands in their pockets; they can track down that magic money tree and actually use money to try to make people’s lives better. I suggest that this is one of those situations where the Government have to do that and ensure that people are not harmed.
Lord Adonis Portrait Lord Adonis (Lab)
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My Lords, I say to the noble Baroness, Lady Jones, that I am not at all impugning her integrity; I am just disagreeing with her. It is perfectly in order for us to disagree, as we do on HS2. There is no issue of integrity at stake at all. I think that in transport terms HS2 is the greenest new infrastructure project taking place in the UK today because the alternative, unless we are going to stop people travelling and hold back economic growth, is to build more motorways or have more domestic aviation, and neither of those is more desirable than HS2. That is why green parties across most of the rest of the world have supported high-speed rail. In Germany, France and Spain, green parties have been leading protagonists of high-speed rail. The problem for the noble Baroness is that she represents the past, not the future, in terms of green policy. That is not impugning her integrity; I am afraid that it is simply stating a disagreement.

The issues raised by the noble Earl are serious but largely technical. They are not technical for the people involved, of course, who have an absolute right to fair and timely compensation, but they are technical in terms of the operational rules and they are very detailed. All I want to say is that all Members of the Grand Committee, whether they are for or against HS2, want to see fairness applied. We look to the Minister for her reply to the specific points that the noble Earl has raised. A lot of them are very technical so it may be that she does that in writing—she is nodding; the letter that follows may be a long one.

One of the great virtues of the House of Lords is that we have Members such as the noble Earl who have a high degree of expertise in these areas. That is a very great and positive thing about this House. With a very open mind, we want to take account of both what the noble Earl has said and what the Minister says in reply before deciding what to do on Report. However, I stress that being in favour of HS2 does not mean that one is in any way stinting with regard to the obligations of fairness and natural justice that the Government owe to the citizens of this country. I undertake personally to take a keen interest in what the Minister says in response to the noble Earl’s points, and I would be happy to be party to any meeting.

Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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I call the next speaker, the noble Lord, Lord Framlingham.

Lord Framlingham Portrait Lord Framlingham (Con) [V]
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My Lords, I hope this time noble Lords can hear me.

Lord Framlingham Portrait Lord Framlingham (Con) [V]
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I am grateful to the noble Baroness, Lady Jones of Moulsecoomb, for her kind remarks. Sadly, I am reluctant to concede that this mad project can go ahead because I know it will not work; it will not do what it was supposed to be designed to do, and it has within it the seeds of its own destruction. At the end of the day, we will have achieved precious little and caused much harm.

I am happy to support Amendment 5, in the names of the noble Lord, Lord Berkeley, and the noble Earl, Lord Lytton. When damaging someone’s life and livelihood, the state, in considering compensation, should certainly not be unfair. In my view, it should not even be just fair. I believe that, within sensible limits, it should be generous. I am not a specialist in this field, so I am speaking about a non-specialist subject, but it goes to the heart of the matter. As HS2 has unfolded, the way that some people—whose homes, land and businesses have been taken away from them—have been haggled with has been as worrying as it has been heart-breaking. We are doing enough harm to the countryside, the environment and the economy already. We should not do any more harm to people who, through no fault of their own, are being caught up in this farce.

Baroness Randerson Portrait Baroness Randerson (LD) [V]
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My Lords, the noble Earl, Lord Lytton, with his great expertise, has made a detailed case for these amendments, so I will speak briefly. I want particularly to talk about Amendment 10 in the name of the noble Lord, Lord Tunnicliffe, to which I have added my name.

Some elements of the compensation schemes devised for HS2 are relatively generous and go well beyond the statutory minimum, but the noble Earl has set out a series of concerns about how those schemes are applied. Even if everything happens perfectly, it is right to say that it is an emotional and difficult time for many people affected by a project such as this. I want to address in particular my concerns about tenants. Some categories of tenancy are adequately covered, but the committee’s report has drawn our attention to the apparent lack of progress in dealing with an issue that was originally raised in the Select Committee of the House of Commons. Tenants with shorthold assured periodic tenancies, some agricultural tenancies and tenancies for narrowboats all appear to have no rights to compensation—not even to a home loss payment. Once again, those in society who are the least well off and the least likely to have adequate resources are given the least consideration. I call on the Minister to provide a better answer than the one that the Secretary of State was able to give in the other place, and to provide us with information and reassurance that all tenants will be properly compensated and dealt with.

The report also draws our attention to two special cases where it is envisaged that homeowners could lose out badly. I would be grateful if the Minister addressed those and said whether, in future, such people will be covered.

Lord Tunnicliffe Portrait Lord Tunnicliffe (Lab) [V]
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My Lords, this has been an interesting debate. My amendment was tabled to make sure that these important issues are fully debated. I have been rewarded, in the sense that we have had a debate to which people with a great deal of knowledge and experience have contributed.

When I headed up a large publicly owned enterprise, I faced the obligation of how you pay compensation. You are a guardian of the public purse, but nevertheless you want to be fair in an exemplary way, and that implies being on the generous end of the margins that the regulations and/or the law permit. Generally speaking we got that right, and generally speaking we were able to justify the generosity of some of our settlements by the fact that they went through smoothly with little litigation and no loss of public image.

What seems to be true here is the need for consideration of the whole framework. While the position with freeholders may be satisfactory, tenants in general in this area do not get a fair deal. I hope that the Minister will be willing to go beyond saying, “Well, this is what the regulations say,” to a recognition of the widespread feeling that, one way or another, tenants are particularly hurt by the present situation.

I have had a briefing from the National Farmers’ Union, which has already been repeated, and there seems to be a particular problem with agricultural tenancies. You can see the tremendous importance of security of tenure when it comes to farming. Indeed, as far as I can see from the briefings I have received, tenures were much more secure in the past but have become less so, and the compulsory purchase regulations do not in any way reflect the real impact that compulsory purchase can have on the ability of farmers to carry on trading and, if necessary, move farms in order to continue doing so. The whole value of the investment that they make in the land does not seem to be in any way represented in the compensation.

So I am very pleased for the support for my amendment. I agree in some ways with my noble friend Lord Adonis about the need to get this right. I hope the Minister will acknowledge that there is genuine concern in this area, promise to take this issue away and perhaps, once again, have some meetings before Report to see if we can have a meeting of minds.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, this has been a very good and occasionally somewhat detailed debate; I will certainly be doing a follow-up letter when we have finished.

I want to say at the outset that while I agree that HS2 must always strive to improve, I do not recognise the claims by the noble Earl, Lord Lytton, of coercion in dealing with members of the public. If someone has evidence of coercion then we would very much like to hear about it so that we can deal with it properly, but we cannot do anything with unsubstantiated accusations and anecdotes.

I turn first to compensation for tenants, a subject covered previously at Second Reading. As I said then, most types of tenants are already provided for under the existing compensation law where they are impacted by the scheme. Where they are not provided for, the Government are able to use flexible, non-statutory arrangements to provide support. The Government have also committed to taking forward appropriate measures where the law is silent in discussions with stakeholders and residents if it is necessary to do so.

Matters of tenant compensation are complex because they depend on a person’s individual tenancy arrangements, and any compensation must balance the rights of the tenant with fairness to the taxpayer. It should, of course, be executed in a sensitive manner; I think all noble Lords would agree with that.

19:15
I will endeavour to summarise the current support available. In so doing, I will outline the legal position, the comprehensive non-statutory schemes that have been developed by the Government, and the work being taken forward by the Government following parliamentary scrutiny of high-speed rail hybrid Bills. The elements of compensation payable are set by the Ministry of Housing, Communities and Local Government in the compensation code and they apply to all government-led infrastructure projects: not just road or rail, but all of them. This scheme, therefore, applies to HS2, these arrangements have been debated, agreed and set by Parliament, and together with those arrangements there is a vast body of case law on this subject.
Compensation is based on the principle of financial equivalence: that is, that the person affected should be compensated financially by no less, but no more, than what they have lost. Compensation due to tenants is therefore commensurate with their interest in the land they occupy. For example, if a private, tenanted property is subject to compulsory purchase, then the tenant could be eligible for various heads of claim, which could include a home-loss payment for the loss of their home. The minimum home-loss payment is set out in regulations, but is reviewed on an annual basis and uprated if necessary to reflect inflation. Tenants could also be entitled to the market value of their leasehold interest in the land. However, a tenant who is on a short tenancy, such as an assured shorthold tenancy or a periodic tenancy, is unlikely to own an asset that has any substantial value in the open market, and might therefore not receive this element of compensation. Finally, the tenant could also be entitled to reasonable moving costs. This covers any reasonable cost associated with moving, such as the cost of hiring a removals firm, or the redirection of post. HS2 has published an information note, C15, as noted by the noble Earl, Lord Lytton, and my office will happily share that with any noble Lords who request it.
In recognition of the unique aspects of the HS2 project, the Government have supplemented statutory compensation with a comprehensive package of non-statutory measures. This gives the flexibility of approach in the project which is needed when supporting vulnerable people. A key part of the non-statutory arrangements is the consideration of atypical properties and special circumstances. These are established, funded arrangements which apply to tenants as well as property owners. In addition, following the recommendations made by a Select Committee of your Lordships’ House during the passage of the phase 1 Act that compensation should be available for households that are subject to severe and prolonged construction disturbance, a prolonged disturbance compensation scheme is available. As disruption will affect residents in similar ways, regardless of their housing tenure, the scheme includes arrangements for tenants as well as owner-occupiers of residential dwellings. I trust that noble Lords will agree that all the non-statutory arrangements, which are as broad and as inclusive as they can possibly be, are an appropriate and flexible tool to support all types of resident affected by the HS2 scheme.
On the amendment of the noble Earl, Lord Lytton, in this group, it should first be acknowledged that claims for compensation for temporary possession and claims for compensation for permanent compulsory acquisition are two distinct and separate claims under different parts of the Bill. This amendment concerns compensation due for losses arising from periods of temporary possession. The Neighbourhood Planning Act 2017 provides that, when there is compulsory temporary possession of land, owners of interests in, or with a right to occupy, the land are entitled to request an advance payment of 90% of the compensation due to them. This provision renders the proposed amendment redundant as its purpose is already achieved by the 2017 Act.
If the Bill were to restrict taking the temporary possession of land needed to build a railway only to where compensation has already been agreed prior to occupation, the construction of the railway would be put at significant risk of delay. The people of this country have been owning property and land in funny-shaped patterns for centuries: a beautiful patchwork, one might say. However, building a railway, which requires land in a straight line, inevitably involves acquiring, or obtaining access to, a multitude of holdings within that historic patchwork.
The works to build the railway are done in a logical order according to the needs of the environment and engineering. Some works are seasonal, some need to be done when the weather is clement, and some need to be done before other works; for example, building the footings and foundations before putting a railway system on top of them. Putting all the works on hold until agreements have been made with all, through to the slowest occupier to agree, would make the process unworkable, especially where the slowest occupier’s agreement was the land needed first.
The amendment would also put the railway at significant risk of extra expense. Putting the works on hold to meet the terms of the amendment could tempt some occupiers to request ransom sums as the price for their agreement. Where one occupier has demanded and received such a ransom sum, others would inevitably follow. I am sure the noble Earl, Lord Lytton, had no intention of putting phase 2a or the public purse in such peril.
Nevertheless, there are already safeguards in place in the compensation code, which applies to all government-backed infrastructure. The code applies for owners of land that is needed temporarily. Owners can claim compensation for their losses arising from temporary occupation where they provide evidence of those losses. The HS2 project will pay the reasonable costs of professional fees incurred so owners will not lose out.
I will write with more details on this important matter and supply figures for the number of outstanding cases on phase 2a. I would be very happy to receive any examples from noble Lords where people are not being treated appropriately; for example, the special cases referred to by the noble Baroness, Lady Randerson. I trust that this information has been helpful and I hope the noble Earl feels able to withdraw his amendment.
Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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I have received no requests to speak after the Minister so I call the noble Earl, Lord Lytton.

Earl of Lytton Portrait The Earl of Lytton (CB) [V]
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My Lords, I thank the Minister and all noble Lords who spoke on these amendments. I am particularly grateful to those who expressed some support for the principles behind them.

I will deal with some of the points in the Minister’s response. One of her first points was that she did not recognise coercion in this. I hope I did not accuse HS2 of that in precisely those terms, because clearly these are matters that have been presented to me by others; I do not have direct experience of dealing with compulsory purchase cases with HS2. However, my later Amendment 12 revolves around a copy of a letter I have received. I do not know whether we will get to that amendment this evening or whether time will be curtailed, but in so far as the Minister has not seen the letter—although it was sent to the Department for Transport back in June—I will make sure she gets a copy of it.

The Minister went on to say that tenants’ rights are complex and ones of balance. I absolutely agree. I assure her that I do not believe there is anything fundamentally wrong with the compensation code as such, it is just that certain things can slip through at the edges. I am concerned that the way this is being approached is being driven by other considerations. It is not about the compensation code as such but may be about the way it is administered. The Minister is therefore right about the legal position and the way this is set by the MHCLG in the compensation code.

The Minister touched on this question of losses. The difficulty one has when dealing with laypeople is that it is not always easy to demonstrate the losses that you have suffered; the burden of proof is on the claimant to make and substantiate a claim. The risk is that, however genuine one might feel the claim is, the view tends to run from Treasury circles and through all those which it funds that if you cannot prove the loss, you do not get compensation for it. There are potential issues there, because this is not about putting an extra burden on the public purse but, to a degree, about fairness and compassion in dealing with these things. The Minister touched on temporary possession; I will say only that it starts as temporary but in some cases it seems to have ended up being rather less than temporary. Perhaps that ought to be more straightforward.

Turning to what other noble Lords have said, I will try to be as brief as I can. The noble Lord, Lord Berkeley, referred to the question of adequacy of Treasury funding; that may be a driver behind this. He also referred to the fact that people get the impression that they are not being treated fairly. That is grit in the system—it causes friction and resistance for future schemes or indeed later stages of the HS2 project perhaps.

The noble Lord, Lord Haselhurst, has of course the great advantage of his involvement with the Select Committee. To pick up on his point about the amendment possibly being a big hammer to crack a nut, yes, it is, but it has done what I set out to do, which was to raise the issue and give it an airing. This is a probing amendment after all, so it is not in the form in which I would think of doing it. The Minister is quite right that, taken to its logical conclusion, this could be financially destabilising. That is not my intention; my intention is to get a discussion about it.

The noble Baroness, Lady Jones of Moulsecoomb, said that HS2 might not have had as good a business case and that there might be financial constraints. Yes—possibly. I was pleased to have at least the tacit support of the noble Lord, Lord Adonis, because he is a passionate supporter of HS2. I am not passionate one way or the other; I see this as a technical matter where we need to get processes that are streamlined and which do not cause friction, and we need fairness. I also noted the points made by the noble Lords, Lord Framlingham and Lord Tunnicliffe, and the noble Baroness, Lady Randerson. The noble Lord, Lord Tunnicliffe, made the point that a tenant’s tenure is not necessarily a guide to the compensation that might properly and objectively be due to somebody who had made a commitment with the prospect—perhaps not reflected in the length of the tenure they have—that they might be able to build a business and continue. That is something where the code possibly does not fully recognise what is going on.

I hope I have covered all the points raised by noble Lords. However, as I say, this was a series of probing amendments, therefore I beg leave to withdraw the amendment.

Amendment 5 withdrawn.
Baroness Barker Portrait The Deputy Chairman of Committees (Baroness Barker) (LD)
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That concludes the work of the Committee this afternoon. The Committee stands adjourned. I remind Members to sanitise their chairs and desks before leaving.

Committee adjourned at 7.29 pm.

High Speed Rail (West Midlands-Crewe) Bill

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords & Committee: 2nd sitting : House of Lords & Committee: 2nd sitting
Thursday 12th November 2020

(3 years, 5 months ago)

Grand Committee
Read Full debate High Speed Rail (West Midlands-Crewe) Act 2021 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 142-II Second marshalled list for Grand Committee - (9 Nov 2020)
Committee (2nd Day)
14:31
Lord Russell of Liverpool Portrait The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
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A participants’ list for today’s proceedings has been published by the Government Whips’ Office, as have lists of Members who have put their names to the amendments or expressed an interest in speaking on each group. I will call Members to speak in the order listed. Members are not permitted to intervene spontaneously; the Chair calls each speaker. Interventions during speeches or “before the noble Lord sits down” are not permitted.

During the debate on each group, I will invite Members, including Members in the Grand Committee Room, to email the clerk if they wish to speak after the Minister, using the Grand Committee address. I will call Members to speak in order of request and call the Minister to reply each time. The groupings are binding, and it will not be possible to degroup an amendment for separate debate. A Member intending to move formally an amendment already debated should have given notice in the debate. Leave should be given to withdraw amendments.

When putting the Question, I will collect voices in the Grand Committee Room only. I remind Members that Divisions cannot take place in Grand Committee. It takes unanimity to amend the Bill, so if a single voice says “Not content”, an amendment is negatived, and if a single voice says “Content”, a clause stands part. If a Member taking part remotely intends to oppose an amendment expected to be agreed to, they should make this clear when speaking on the group.

Amendment 6

Moved by
6: After Clause 58, insert the following new Clause—
“Independent peer review
(1) The Secretary of State must commission an independent peer review of the High Speed Rail (West Midlands to Crewe) project.(2) The review must include consideration of the project’s—(a) environmental impact,(b) costs, forecast revenue and economic impact,(c) engineering, and(d) governance.(3) In this section, “independent” means it is carried out by persons who are independent of—(a) Government,(b) HS2 Ltd, and(c) persons contracted or subcontracted to carry out any of the scheduled works.(4) In this section, a “peer review” is a review conducted by experts of equivalent professional qualifications, expertise and standing to the persons responsible for each aspect of the project set out in subsection (2).(5) A report of the review under subsection (1) must be laid before Parliament and have been debated in both Houses before commencement of the scheduled works.”Member’s explanatory statement
The purpose of the amendment is to require the Government to commission and publish a wide ranging audit of all elements of the scheduled works, costs, forecasts and economic impact and done by professionals who have not links with the Government or the promoters.
Lord Berkeley Portrait Lord Berkeley (Lab)
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My Lords, the amendment is in my name and that of the noble Earl, Lord Lytton. On our previous day in Committee, we discussed regular reporting and had a good debate. This amendment is slightly different, because the emphasis is on independent peer review. I remind noble Lords that this project has been around, discussed in another Parliament, for probably 10 years and things have moved on. We have learned a lot. There have been changes, which we all know about. It is probably time for Parliament to commission an independent review so that it knows what has been asked for, what will be built, how much it is going to cost and so on. In particular, we have had a lot of debate both on the Floor of the House and in the Select Committees on the environmental impact, costs, forecast revenue before and after Covid—well, not after yet—the economic impact, the engineering and the governance.

I do not wish to express any opinion on whether what we have now is good or bad. What is needed is an independent opinion—independent of government, of HS2 and of the various contractors. The experience in the Oakervee review last year was that when we tried to seek independent opinions on whatever we were looking at under the terms of reference, we found it quite difficult to identify people or organisations that were not or had not been in some way linked to HS2 or the Department for Transport. I am not being critical, but it is pretty important if one wants an independent review that those conducting it are independent and not worried about where the next contract will come from, for example.

I shall not say much more except to remind noble Lords that probably one of the most important things that I am focused on is costs. There have been three or four times when Department for Transport officials or HS2 staff have basically said that they do not know what the costs are. One HS2 executive, when asked why they had not been transparent on costs, memorably replied:

“If we’d told Parliament the real costs, they’d probably have cancelled the project.”


That is a very bad reason for going ahead with a project. I know that my noble friend Lord Adonis will say that I am trying to get it stopped, which I am not; I just think that it is time now to get a one-off, independent review so that Parliament and other people can then monitor progress and hold the Government and HS2 to account if they feel it necessary. I beg to move.

Earl of Lytton Portrait The Earl of Lytton (CB) [V]
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My Lords, I do not have much to add to what the noble Lord, Lord Berkeley, so ably said, and the amendment is largely self-explanatory. It will become apparent as further amendments are moved that there is a strong case for an amendment such as this, which is why I added my name to it.

For all the many pages written on matters of safeguards, it seems that few outside the cerebral world of the department, HS2 and its contractors are entirely convinced that HS2 Ltd will honour the spirit as opposed to the letter as it sees it. Too much of this Bill appears to rest on HS2 Ltd’s self-assessment, in which the Government as ultimate funder and promoter are a party. Costs have soared, as we have heard. Budgets for things such as land acquisitions seem to have been woefully inadequate. Timelines have become stretched; procedures have been subject to novel interpretations, and a good deal of unnecessary uncertainty and doubt about aspects of the scheme have crept in as far as those outside but affected by the scheme are concerned.

This is a scheme by the nation for the nation, and it should embed best practice and be seen to be doing so. I am pleased to support the amendment because it goes to the heart of public confidence in the manner in which this truly mighty project is being managed.

Lord Liddle Portrait Lord Liddle (Lab) [V]
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My Lords, I oppose the amendment. I do not see any point in it whatever. It seems to me that in this country we can never make up our minds about whether we are going to do anything that is big and expensive. We have constant reviews, and we are constantly cancelling projects that have already made some advance. We have just had the independent Oakervee review of HS2, and we have just had a government decision to go ahead with the line to Manchester—although I share the worries of my noble friend Lord Adonis about what the Government are thinking about the eastern leg. However, I see no purpose in launching another review now.

My noble friend Lord Berkeley says that it is very difficult to get independent advice regarding all these concerns about costs, et cetera. Of course it is difficult to get independent advice, as the people who really know the facts are the ones who are doing the job. Unless the taxpayer is to fund an independent organisation to be critical of a scheme that Parliament has voted for and that the Government have reaffirmed and have cross-party support for, then this is a ludicrous proposal. I suppose that the answer to my noble friend’s legitimate concerns is to have an effective HS2 board. If there is an answer to this problem, it lies in having an effective board to supervise the management of the project. That is the point that the Government ought to be satisfying themselves on. I honestly do not think that this is a matter for legislation at all.

Lord Adonis Portrait Lord Adonis (Lab)
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My Lords, I agree with every word that my noble friend Lord Liddle has said, and I hope that the Minister will not give an inch to this amendment and will comprehensively refute it when she speaks. HS2 has been reviewed to death.

I find it utterly astonishing that my noble friend Lord Berkeley should be moving this amendment because he has brought his great, independent wisdom and distinction to the biggest review yet of HS2, which concluded only this February after the best part of six months’ work. When he says that there are no independent people to conduct that review, it is a lot of complete nonsense. The members of the Oakervee review were very eminent and very independent: Doug Oakervee himself, a man of immense distinction in the delivery of infrastructure projects here and internationally, including some of the most successful developed in modern economies, in Hong Kong; my noble friend, who was the deputy chairman; Sir John Cridland, who is the former director-general of the CBI; Michèle Dix, who is responsible for directing Crossrail 2; Stephen Glaister, one of the most eminent transport economists in the world; Sir Peter Hendy, the chairman of Network Rail and former commissioner of Transport for London; Andrew Sentance, of the Bank of England; Professor Tony Travers, who is one of the most independent-minded and distinguished professors of government in the world and holds a chair at the London School of Economics; Andy Street, who is the elected Mayor of the West Midlands; and Patrick Harley, who is the leader of Dudley council. So I ask my noble friend Lord Berkeley to tell us in his reply: what sort of independence does he have in mind? Who are these great independent judges of infrastructure projects who can bring their wisdom to bear and have not already been consulted? At the end of the Oakervee report, which is 130 pages long, there is a list of the people who submitted evidence and were consulted. That list extends to more than 400 people and organisations.

14:45
My noble friend then said—because he is being disingenuous, if he does not mind my saying so—that he is not trying to get it cancelled, and he does not wish to express an opinion on whether it is a good or bad thing. However, he has consistently expressed an opinion that HS2 is a bad thing. He says that there should be independent review, but he then says that it is very poor value for money and the costs—whatever they are at any given time—are spiralling out of control. He makes a series of assertions that—although he is perfectly entitled to make them—mostly do not correspond to the actual analysis by independent advisers, and he then calls for another review.
The Oakervee review—which, as I say, has just been concluded, and on which the Government have decided to proceed—is the fifth major independent review of HS2 since I announced the scheme to Parliament in March 2010. What my noble friend Lord Berkeley is seeking to do is to kill the scheme by review. That is what is happening. I hope the Minister will not accede to this amendment. Indeed, I wish the Minister would cancel the current review of the eastern leg, which is doing precisely what my noble friend wants to do: to review to death one-third of the scheme.
I have the highest regard for the Minister, and I thank her very warmly for replying within 24 hours to the points that I made in the previous Grand Committee sitting. With that sort of service she should be put in charge of test and trace—but I am probably ruining her career. The Department for Transport is a great department. It deals with these things efficiently, unlike other departments. I am glad to see that those processes are still in place. However, the big concern I have at the moment is that, under the guise of a review, the Government are essentially seeking to indefinitely delay and quite possibly cancel the eastern leg of HS2. I do not want to reiterate all of the arguments that I made on Monday, although I am glad to see that the Yorkshire Post has picked them up and that leaders of major local authorities in the east Midlands, Yorkshire and the north-east have picked them up as well. The Minister will have to forgive me but I am going to carry on agitating extremely hard on behalf of her department—which, as everyone knows, wants the eastern leg to proceed but is being thwarted by Dominic Cummings and the Treasury at the moment. I am doing my best for her even though she will not be able to recognise my efforts in her reply.
In the Minister’s letter to me on the issue of the eastern leg review taking place at the moment and the announcement she made to the Grand Committee on Monday that the western and eastern legs will definitely be separated in terms of hybrid Bills—which is a hugely consequential amendment—she said:
“As the Integrated Rail Plan Terms Of Reference make clear, more than one hybrid Bill could run concurrently in Parliament. There is nothing to suggest that bringing forward a Western Leg Bill should entail delay to any Eastern Leg legislation”.
The first sentence and the second sentence are in stark contradiction. There is every reason to suggest that bringing forward a western leg Bill will delay any eastern leg legislation; otherwise, why split them up at all? If the aim is to have them running concurrently, they should be in one Bill.
The Minister says that it is possible for the two Bills to run concurrently. If the Government’s intention were to run the two Bills concurrently there would, of course, be no need for separate Bills. There is no gain whatever in having two Bills running concurrently. On the contrary, there is a significant additional workload both for HS2 Ltd and for Parliament in dealing with two Bills rather than one, because of the whole process of petitioning and the need to comprise and set up new committees and so on. The only reason for separating the western leg and the eastern leg into two Bills is to delay the eastern leg Bill. Anyone who knows about parliamentary workload and procedure will be able to judge—correctly—that for Parliament to run two major hybrid Bills at the same time is a near impossibility. It has not been done before and I very much doubt it will be done in the case of a western Bill and an eastern Bill. The whole purpose of splitting the Bills is to delay the eastern leg Bill. It is very important that stakeholders outside, including the leaders of local authorities in the east Midlands, Yorkshire and the north-east, and Members of Parliament are aware of that and that the Government statement of policy that they are going to separate the western leg and the eastern leg will of necessity and by design lead to a significant delay of at least five years, in my judgment, in the eastern leg Bill, because that could come only after the western leg Bill has been enacted—and of course, that delay could be indefinite and could lead to cancellation.
Regarding delivery of the project and the argument in the Oakervee review about dividing the project, how construction is managed is entirely a matter for HS2, once it has the powers. There is no need whatever to split western and eastern leg legislation to phase the delivery of the construction; on the contrary, if you want the best possible phasing of the project, including continuous working, economies of scale and so on, as the noble Baroness, Lady Randerson, said on Monday, you would actually wish to grant all the powers to HS2 for all the north-of-Birmingham sections of the line—that is, all the way up to Manchester and all the way up to Leeds—in one Bill.
Far from acceding to this request for a further unnecessary review that is intended to stop HS2, I would be much happier if the Minister announced the cancellation of the review already under way and simply reaffirmed the decision that was taken two years ago, complete with a detailed route design, after much consultation and engagement with stakeholders, to proceed with the eastern leg of HS2 on the same timetable and with the same hybrid Bill as the western leg.
Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP) [V]
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I think that the previous two speakers are actually getting a little bit personal, putting words in the mouth of the noble Lord, Lord Berkeley, and misrepresenting him. They should both perhaps row back a little from personal comments, which they seem keen to make at the moment.

It is true that HS2 had the Oakervee review but, quite honestly, it was little more than an election gimmick by the Conservative Party. Sure enough, after the election, the Government were absolutely committed again, and they reiterated full support for HS2. The noble Lord, Lord Berkeley, explained this incredibly clearly in his opening statement, and perhaps it was so clear that people misunderstood it—I am not sure. He proposed a truly independent peer review on the full range of issues. I do not see why this is controversial. You cannot learn lessons if you have no lessons to draw on, and that is the big problem with HS2.

The proposed publication of a cost-benefit assessment of HS2 with annual revisions seems to me like good business practice. I have absolutely no idea why anybody would object to the amendment. It should be standard for any government project to have this sort of truly independent review and a cost-benefit analysis. Rigorous and independent peer-reviewed analysis would give a much more informed public debate; at the moment, we have HS2 blasting out its credentials all the time, when we know that it is doing the most incredible environmental damage and is costing a fortune. How can the noble Lord, Lord Liddle, dare to talk about taxpayers’ money when we are spending billions on this project? In view of the pandemic and people therefore working remotely these days, it is quite likely that there will be less demand for this demand for a project for a year, at least, and for much longer after it has finished.

Everybody says that HS2 is a project for the future, but it is a creature of the past, quite honestly. It was designed for a past that used to be the norm, and we will not be seeing that norm again very soon. For me, the cost far outweighs the benefit. Regrettably, it is perhaps too late to stop it, but really, we should—we should not spend a penny more. These amendments would help to settle that argument. If I saw the results of an independent review that ruled that it was worth the money, I would accept that.

Lord Haselhurst Portrait Lord Haselhurst (Con) [V]
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My Lords, we always seem to have a conflict in our country between those who believe that we are far too slow in improving infrastructure, and those who appear to think that we are doing it too quickly, if not recklessly. This can apply to so many things, some of which I have been involved in in the past, as a Member of the House of Commons.

Broadly speaking, it is fortunate that the divide is not simply on a party basis. It is not always that I find myself on the same side as the noble Lords, Lord Liddle and Lord Adonis, but I find myself firmly bracketed with them on this issue. I am well disposed to the project of HS2, and the noble Lord, Lord Berkeley, is plainly not, whatever his protestations. He has a fairly good track record, even within the confines of this Bill, of trying to find ways of delaying it and pushing it even further into the future.

“We do things in a hurry when there is a war on”— a remark I heard many years ago, which gives away my age. Another comment somebody made to me, which I have no reason to dispute, was that synthetic rubber would probably not have been invented had it not been for the Second World War.

I find it very hard to see anything other than another form of dilatory motion in the amendment we are discussing, which is different from the one that we debated at the request of the noble Lord, Lord Berkeley, on Monday. The noble Lord, Lord Adonis, made the point about finding people who apparently would satisfy the opponents of HS2, and it is going to be a difficult exercise. Where would one get a group of people who are sufficiently saintly to be free from ever having tossed out a casual remark at a local drinks party that does not stain them with bias on this subject?

As I say, I am in favour of the project. I want to get on with it—but I am not without concern for people and communities who are disadvantaged. What I saw as a member of the Select Committee was the effort being made to soften the blow and provide compensation, even if it does not go quite as far yet in every case as might be justified.

The important thing about HS2 is the levelling-up potential. Speed is important: the length of time to get from home to work is a crucial factor. I picked up on the fact, as the Member of Parliament who saw a third London airport built in his constituency, at Stansted, that HS2 would mean that Birmingham Airport would be a shorter distance in time from London than would Stansted. That to me was an astonishing fact. Birmingham is our second city, yet its airport could hardly be said to be the second airport of the United Kingdom. I mean no disrespect to Manchester when I make that comment. Surely, it would make it easier for cities such as Birmingham, Leeds, Manchester and Nottingham if people could arrive in this country and find that there were fast journeys between cities and towns and the other areas they wish to get to.

Then, we have the pressure on the south-east. As has been spelled out so many times, there is the difficulty of fitting in all the housing we need into an area where, yes, jobs are being created—and that is wonderful—but we want to see jobs being created across the country. The conundrum of a country divided between north and south has remained unsolved for 60 or 70 years, despite the efforts of Governments of all colours to get on top of it.

Therefore, HS2 has a very important part to play in that, and it is already helping to create jobs. If, as can be said, there is a war on—a war against the pandemic—and there are already signs of jobs being created by HS2, then that is the way in which we are going to bring about some real, true levelling-up in our country. We need a decision above all things at this time on HS2—not more inquiries or reviews—because we want to win the war.

15:00
Lord Snape Portrait Lord Snape (Lab)
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My Lords, this is, for me, a maiden speech as far as this Committee is concerned. I will try to confine it to the essentials of the amendment, which quite possibly will make me unique in this debate. My noble friend Lord Berkeley said that he had no opinion good or bad on the question of HS2: well, pull the other one is my response to that. It is a complete coincidence, I take it, that everything he proposes so far as HS2 is concerned has the effect of delaying or cancelling the project, but he has no opinion, good or bad, other than that. I agree entirely with the sentiments expressed by my noble friends Lord Adonis and Lord Liddle, as well as the views of the noble Lord, Lord Haselhurst.

My noble friend Lord Berkeley wants a review. He and I know full well that the number of reviews that have been held about the railway industry, for example, since 2000 has concerned us both. Indeed, both of us have been scathing in the Chamber over the years about the number of reviews that have been held: something like 34 reviews into the railway industry are gathering dust on ministerial shelves somewhere, few of them ever being implemented, and yet he wants another one. My noble friend Lord Adonis read out the names of the distinguished members of the Oakervee Committee, which included my noble friend, who was the vice-chairman. Could he suggest, when he comes to wind up, who, other than the sort of people listed by my noble friend Lord Adonis, could possibly carry out such a review with the impartiality that he desires? Presumably, some knowledge of these construction projects is essential unless we are going to cast around for a dozen people whom we meet in the streets to conduct the review. I would be interested to hear from him when he winds up exactly who he has in mind.

The noble Baroness, Lady Jones of Moulsecoomb, has made no secret of the fact that she is against HS2. I am always fascinated by the Green Party: if this project that we are debating today was a motorway, for example, running along the path of the proposed HS2, I would expect to see the noble Baroness and her Green Party colleagues carrying banners saying, “Put it on the railway”. The last thing we need is another motorway, yet she is against this particular scheme because, she says,—and I wrote down what she said on Tuesday when I had to contain myself from replying—this project is about cutting a few minutes off the journey time for travel between London and Birmingham. It is, of course, no such thing. I remind the noble Baroness—and I hope that she does not think that I am being personal when I do this—that this scheme is part of an overall concept of a high-speed network in the United Kingdom, which will obviously benefit other regions as well as the south-east. It will also, of course, create space on the west coast main line, which is another plus, as far as I am concerned, in relation to HS2. It is estimated that such space and availability that it will create on the west coast main line will relieve our road network of some 40,000 or 50,000 heavy goods vehicles. Again, that is something else one would have thought the Green Party would have been in favour of but, obviously, if she has this erroneous impression that HS2 is just about speed between London and Birmingham, that is not the case.

Coincidentally, as we are talking about reviews, only today the Greater Birmingham Chambers of Commerce —I do not know whether that organisation would meet with the approval of my noble friend Lord Berkeley —issued a press release and statement about HS2. The press release is only two hours old, so it is hot off the press—I have not put it up to this, I hasten to tell my noble friend—and it says:

“The West Midlands has already benefited significantly from the prospect of HS2’s arrival— Deutsche Bank, HSBC and engineering giant Jacobs are examples of major businesses that have already relocated operations to Birmingham—with HS2 creating more jobs in the West Midlands than any other region outside of London.”


Again, I address my remarks to the noble Baroness, Lady Jones. Does the Green Party not appreciate the fact that already, years before the scheme is actually completed and the line opened, thousands of jobs are being created? The chambers of commerce goes on to say that HS2 will create hundreds of thousands of jobs, thousands of apprenticeships and supply chain opportunities and,

“as Greater Birmingham Chambers of Commerce chief executive Paul Falkner states today, it will provide ‘a much-needed shot in the arm to business confidence’ as the country emerges from the health crisis.”

My noble friend Lord Berkeley has fought a valiant battle, whether he admits it or not, to delay this particular project. He needs to come up with something better than a specious argument about yet another review. We really ought to get on with this, and my noble friend will have some difficulty, I fear, when he comes to wind up, in convincing us that this amendment is designed to do anything other than delay this project.

Lord Framlingham Portrait Lord Framlingham (Con) [V]
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My Lords, I support Amendments 6 and 8. Amendment 6 deals with the question of peer review, which is absolutely essential. In my remarks to the Committee last Tuesday, I explained that one of the great shortcomings of the HS2 project from the very beginning has been the complete unwillingness of the responsible Ministers to listen to the best and soundest advice coming from outside their department. Amendment 6 would allow these qualified railway experts to examine all aspects of the project in an unbiased way and give the Government the benefit of their advice. It must, of course, be totally independent of Government, HS2 and any company or individual linked to HS2.

We are all aware of the stories of massive financial and time overruns with aircraft carriers, and nuclear power station building disasters. With HS2, “you ain’t seen nothing yet.” I remind the Committee that we are talking about £106 billion to date—probably £150 billion —and the sum is confidently forecast by reliable sources to reach £200 billion. Surely it makes sense for us to take steps to put in place the strongest possible oversight; peer review will do just that.

Amendment 8, in the name of the noble Lord, Lord Rosser, recommends the publishing of a cost-benefit analysis of this project. I totally agree with that, although I fear that we are locking the stable door after the horse has bolted. This fundamental exercise should be undertaken, of course—in private business it invariably is—before any decision to go ahead is made. Perhaps it was; perhaps the Minister will tell us, and perhaps we can see it. It is quite simple to do: you make a list of all the costs and a list of all the benefits. You put one on one side of the scales and the other on the other, and I have done just that.

I chose benefits first and it is quite a short list: high speed, capacity and jobs. I turn first to high speed. For all sorts of reasons, the promoters of the scheme no longer cite this as an important aspect of it, so this cannot go on the benefit side, even though high speed is what it says on the tin and that is how the idea was originally sold to the Government. For a whole variety of reasons, it is no longer top priority. I do not know all the reasons: I understand that certain aspects of the line—embankments, tunnels, et cetera—would not cope with the proposed speed; and energy costs were also an issue. Therefore, it is no longer a high-speed train in the accepted sense, and we cannot put that on the benefit side of the scales.

Lastly, we come to jobs. Jobs are the proponents’ fallback position, guaranteed to sway faltering Ministers. Obviously, any extra jobs are not just welcome but, in these difficult times, invaluable, although it must be remembered that this was sold as part of the deal long before Covid arrived. It is my view that however much we need jobs, they should not be used as a reason to proceed with a project that is manifestly nonsensical.

If you spent this amount of money on regional railways, improving links from Liverpool to Hull or relieving commuter services in the north and in and out of London, you would produce just as many jobs, spread throughout the country—and, at the end, unlike HS2, you would have something really worth while to show for it. So the jobs argument does not work and that leaves precious little to go on the benefit side of the scales.

Let us look at the costs to the taxpayer: a minimum £106 billion and almost certainly considerably more—all those vital projects which are having to take second place to HS2, we could probably rebuild every hospital in the country for this kind of money; massive, irreparable damage to our environment through a huge swathe of the country; damage to the thousands of people whose lives, homes and businesses have been affected; and massive distrust in the Government’s ability to build anything. I mark it: benefits, precious little; costs, enormous. How did we get into this mess? I truly believe that this will prove to be the most monumental infrastructural and environmental blunder of all time.

Baroness Randerson Portrait Baroness Randerson (LD) [V]
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My Lords, I fundamentally disagree with the noble Lord, Lord Framlingham, on the issues he has raised in relation to HS2. He dismisses the speed issue, whereas every piece of research reveals that journey times are key to people deciding whether or not to use rail; so journey times need improving.

On capacity, it is the case that existing lines are full. Capacity is about not just how many people are on a train but how many trains per hour there are on the railway, and we badly need extra capacity in order to move the short-distance travellers off the long-distance lines and to allow freight to use the existing long-distance lines to provide enough capacity for all the freight that needs to go on the railways nowadays in order to save our planet. At the moment very low percentages of people in the Midlands and the north choose to travel by train. That is because of the capacity issue—because of problems with the service. We owe it to them to improve the options for them and to make it possible for them to travel in an environmentally friendly manner.

HS2 has often been its own worst enemy. On our Benches there is firm support for the project, as I have made clear today and in many previous debates. But that does not mean that we are not critical of the way the project has been managed so far. The Oakervee report was designed to review the project and point the way forward but that way needs to be a lot less scrappy than the process so far.

I have a general observation to make about this group of amendments, particularly Amendment 6 in the name of the noble Lord, Lord Berkeley. It is long past time for our approach to major infrastructure developments to be fundamentally rethought. I agree with the noble Lord, Lord Liddle: for decades we have proved incapable of making clear strategic decisions, costing them realistically and managing them effectively. The National Infrastructure Commission was supposed to give us the longer view required, which short-term government horizons inevitably fail to provide. However, we still do not have a system that works in a modern democratic economy.

15:15
At the very least—this is relevant to Amendment 8 in the name of the noble Lord, Lord Rosser—the Department for Transport needs to develop a new approach to cost-benefit analysis. Its current approach simply counts what exists: the people who currently travel and the current journey times. It does not take into account the regeneration potential of railway projects. The Borders Railway in Scotland illustrates that the regeneration potential and the popularity of new projects can well outpace the counting of the existing situation.
I do not think that the proposal of the noble Lord, Lord Berkeley, is the right way to ensure that the path ahead is smoother than in the past. HS2 itself needs to reform and it needs to get on with it as swiftly as possible.
Lord Russell of Liverpool Portrait The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
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Before I call the next speaker, I ask the noble Baroness, Lady Jones, to be aware that she needs to keep her mute on; otherwise, we will inadvertently see more of her than she wishes us to see.

Lord Rosser Portrait Lord Rosser (Lab) [V]
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My noble friend Lord Berkeley has spoken about the purpose of his amendment, calling for an independent peer review of the section of the HS2 project covered by the Bill; namely, the connection to phase 1 at Fradley in the West Midlands and to the west coast main line just outside Crewe in Cheshire.

The most recent review—and it is recent—was the Oakervee review, which started off with my noble friend Lord Berkeley playing a prominent role, which then appeared to be downgraded as time went on, until at the end he seemed to be treated as a somewhat peripheral figure. Presumably this was not unrelated to my noble friend’s views about the review and its conclusions.

My Amendment 8 requires the Secretary of State to publish a cost-benefit analysis of HS2 within three months of the Bill becoming an Act, and then to

“publish a revised assessment in each subsequent twelve month period.”

I imagine that the Minister will oppose that but, if so, I hope she will be able to tell me that that is because this will be covered in the new six-monthly reports to Parliament. Obviously, I await her response.

However, I want to raise some points about costs. Are the committed costs for phase 1 now some £10 billion, with that figure being about a quarter of the Government’s estimated total cost of phase 1? If that is an accurate or reasonably accurate figure, would the Government expect committed costs to have already reached some 25% of the total cost of the phase before the permanent works have really got under way? What is the Government’s estimated cost of phase 2a and how much has already been spent and committed? What is now the expected completion date of phase 2a? Are the Government confident that their latest cost-benefit ratio figure for HS2 could never worsen as the project continues—and, one fears, costs rise—to the point where there would be a serious question about the case for HS2? An assurance on that point would be helpful. Is it the Government’s unequivocal position that once the Bill becomes an Act, phase 2a will proceed—no ifs, no buts?

Our position is, and has always been, one of support for HS2. It was no wonder that my noble friend Lord Adonis sought unambiguous assurances on Monday, which he did not appear to get, of the Government’s continuing commitment to complete the eastern leg of HS2 in full, to plan, from Birmingham through the east Midlands to Leeds. It was a Labour Government who got this project off the ground, thanks in particular to the drive and determination shown by my noble friend. However, there needs to be a proper grip on costs once specific figures for expected costs have been announced, which also means that considerable hard evidence-backed thought needs to be given to what, realistically, those expected costs are likely to be, and the same should apply as far as the benefits are concerned.

I suspect that the Government recognise that. In a letter to me of 16 October the Minister said:

“The Government have strengthened the arrangements for governance and accountability for the HS2 project. There is now a dedicated Minister, a cross-government ministerial group and a six-monthly report to Parliament.”


Is the appointment of a dedicated Minister an admission that there has been insufficient ministerial involvement and oversight of the HS2 project and its costs by the Department for Transport for a significant part of the past 10 years? That is what it sounds like. If so, why did Ministers allow that to happen and to drag on for so long? Does the creation of a cross-governmental ministerial group mean an acceptance that there will have been no proper co-ordinated cross-government policy-making at ministerial level and oversight on HS2, including its costs, for a significant part of the past 10 years? Once again, that is what it sounds like. Again, I ask: if so, why did Ministers allow that to happen and to drag on for so long?

I would like to know why the Government think that these new arrangements will strengthen governance and accountability. In what way is governance being strengthened? What particular deficiency in the previous governance arrangements will be plugged by these new arrangements? What positive impact on the HS2 project do the Government expect to result from these new arrangements? In what way do the Government believe that accountability will be strengthened by these new arrangements? Who and what will become more accountable and to whom? What benefits do the Government expect to arise from this strengthening of accountability for the HS2 project? What will be the impact of the strengthened arrangements for governance and accountability on the costs of HS2? If it is expected to be positive—and I assume it is—why will these new arrangements involving Ministers enable costs to be better controlled than they have been under the existing arrangements?

The first of the six-monthly reports to Parliament has reported a further £800 million increase in costs over six months. Are the Government satisfied that the reasons given in the report for the increase in costs could not have been identified much earlier with more extensive preparatory work? If the Government’s answer is that they are satisfied that that is the case, that seems close to an admission that they really do not know what the final cost of HS2 will be since, presumably, further major unexpected developments or problems could continue to arise all the time. If that is the case, we can only hope that such developments and other potential issues affecting costs do not end up exceeding the contingency provision that has been made because, as we have seen and know, opponents of this project are reinvigorated every time there is an announcement of a further non-budgeted increase in costs. That is why controlling costs is important.

I hope that the Government will be able to give some clear answers to the questions I have asked and will explain why and what they believe the new arrangements referred to in the letter of 16 October will deliver in respect of strengthened governance and accountability and much better control over costs of a project we continue to support.

Baroness Vere of Norbiton Portrait The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)
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My Lords, when I saw the first group for this second day in Committee I thought, “This is going to be Second Reading territory” and, lo and behold, it was the case. I thank all noble Lords for their contributions, which went slightly wide of the amendments in the group, which are essentially about reporting, not about whether or not HS2 should go ahead, although we had a little run around that track as well. I note that the last group on the Marshalled List today is about party walls, and I find that a very exciting prospect and very much hope that we will get there.

As I outlined in my previous responses about the Government’s recent changes to transparency and accountability, we are putting these at the heart of everything we are doing on HS2 because we believe that enhanced reporting measures and ministerial oversight will help. That is not to say that there was a significant deficiency previously, as was suggested by the noble Lord, Lord Rosser, but that with all these things good governance is very hard to achieve and incremental improvements to governance structures should be made when they are deemed appropriate.

On Amendment 6, about another report, I think I share the feeling of some noble Lords who have spoken: “Not another one.” There have been several reports on HS2. I believe it is now time to get on and get it built without having another report. Most recently we had the report from Doug Oakervee and his panel and the recommendations therein. The noble Lord, Lord Adonis, mentioned some of the people involved in that report, and I think we all agree that they are people of very high calibre. Indeed, they include the noble Lord, Lord Berkeley. He was on that panel and, as was and is his right, he published his own dissenting report, which of course the Government read and took note of. Is it time now to have yet another report on HS2? I believe that is not the right thing for us to do. We should be looking at the conclusions of the last report, which was written only recently, and putting them into practice. That is why we have Andrew Stephenson as the Minister for HS2 and why we have put in enhanced reporting requirements to Parliament.

The noble Lord, Lord Liddle, mentioned the HS2 board. It is already a strong board, but it has recently been enhanced by representatives from the Treasury and the Department for Transport. That is to make sure that HS2 remains absolutely focused on our priorities and the interests of the British taxpayer. We also have the integrated rail plan, of which the noble Lord, Lord Adonis, is such a fan. That plan is in development and will make recommendations on how best to deliver high-speed rail in the north.

Therefore, the Government do not agree that we need a further report or review—call it what you will— into HS2 at this time. There will be a significant amount of scrutiny to come in any event, given the existing arrangements.

On the amendment tabled by the noble Lord, Lord Rosser, as I have explained, a new reporting regime has just been put in place that commits the Government to report every six months. The first one was published last month and updated the House on costs and schedule.

I will sidetrack slightly, if I may, on the issue of costs and schedule because I am doing a lot of work around this as there are quite a lot of major projects in my portfolio. In this country, we have a slight issue that we expect to know exactly what the cost and schedule will be on day one. That is not even day one of the build. We seem to want to know what they are going to be on day one when someone has only just thought of the project. That is absolutely impossible with these sorts of large engineering projects.

15:30
We have to wean ourselves off saying on day one, “It will cost £X billion and it will be finished on X date”. We have to come up with a different system that looks more at ranges of costs and schedules, because it is impossible to define such things from the start. The noble Lord, Lord Rosser, for example, was talking about costs increasing, particularly in the early stages of a project. That is fairly normal, but you should be able to provide the sort of costs that you would expect —a maximum and a minimum, rather than focus on a single amount.
The Government will publish a full business case for phase 2A before the main tranche of construction work begins. In that, there will of course be a much better idea of the costs, and it will include an updated cost/benefit analysis for the scheme. Furthermore, there is a comprehensive system within the Department for Transport for tracking and measuring the benefits of HS2. It may be, as the noble Baroness, Lady Randerson, noted, that we are conservative in measuring our benefits, and I am okay with that. We know that there will be improved journey times and reduced crowding on our rail network, but there are many other benefits, as noted by my noble friend Lord Haselhurst—jobs being one of them—including many apprenticeships and huge benefits for small and medium-sized businesses.
I agreed on Monday that I would write to noble Lords setting out all the things we are doing on improved governance and reporting; I will do that following further contributions from noble Lords today but, for the time being, I hope that on the basis of my intervention, the noble Lord, Lord Berkeley, feels able to withdraw his amendment.
Lord Russell of Liverpool Portrait The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
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My Lords, I have received no requests to speak after the Minister, so I call—

Lord Adonis Portrait Lord Adonis (Lab)
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Sorry: I was not quite sure who I was supposed to email under this complicated regime. I emailed someone, but clearly the wrong person.

Perhaps I could ask the Minister a question. She gave she gave a compelling response as to why we should not have a review. She was less convincing in response to my noble friend Lord Rosser about cost/benefits, because costs and benefits change over time, which was part of the point my noble friend was making. The noble Lord, Lord Framlingham, was so concerned that we should pay attention to cost/benefits; can the Minister confirm that when it comes to the next review of cost/benefits, it is very important that the costs of upgrading the three principal lines running north from London—the west coast main line, the Midlands main line and the east coast main line—will be set against the costs if HS2 does not proceed? All the estimates made of those costs are that they are huge and should not be discounted in any future cost/benefit analysis.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I thank the noble Lord for that intervention, but what he notes are the counterfactual opportunity costs of not having to do those upgrades. I am not sure how they would factor into a standard cost/benefit analysis, but it is certainly the case, as he pointed out, that they would be fairly costly and that HS2 brings not only speed but capacity.

Lord Berkeley Portrait Lord Berkeley (Lab)
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My Lords, I am grateful to all noble Lords who have spoken to this group of amendments, and I will try to be as quick as I can, because I know we have a lot to get through today. The comments by the noble Lord, Lord Liddle, and the noble Baroness, Lady Randerson, about the need to have an effective HS2 board are absolutely right; that may well be one solution. As the Minister said, things are improving—we must see how it goes, but it is a good start.

It was interesting that my noble friends Lord Snape and Lord Adonis talked about having too many reports on railways. They are quite right but, as they both said, the Minister is undertaking one at the moment on the east side of phase 2B. That follows the Oakervee recommendation; paragraph 3.7 says that the Government should

“establish a further study to be completed by summer 2020”—

well, it is a bit late—

“to develop an integrated railway plan embracing 2B alongside an integrated railway investment programme for the Midlands and the North”.

That is a really good idea, but now to expect to have one enormous hybrid Bill covering the whole lot, as my noble friend Lord Adonis is suggesting, is not really sensible. It would be double the size of the phase 1 Bill, and that took long enough anyway.

I also respond to my noble friend Lord Snape—or perhaps it was my noble friend Lord Adonis—about the people on the Oakervee review. It is worth reminding ourselves that we had only two months to do this, and the terms of reference were slightly unusual for such a study and did not include anything about the environment —we added something, probably at my suggestion. That was one reason for suggesting that another review, done independently, might be a good idea to cover those matters. I will not go into the likely or actual opinions of the members of the review panel, because, as a result of their diaries, they were unable to spend a great deal of time on it, although they contributed a lot. Anyway, we are where we are, and the Oakervee review got published. There is always an issue with independence. A couple of people who I suggested should join or provide evidence to the review said, “If we do that, we might get blacklisted by the Department for Transport for future studies”. I will not name names, but that was a fear that people had.

It is all over now, and we have had a good discussion. Of course, I will not press the amendment and I look forward to continuing discussion on reports and information, cost/benefits and the environment. I beg leave to withdraw the amendment.

Amendment 6 withdrawn.
Lord Russell of Liverpool Portrait The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
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We now come to the group consisting of Amendment 7. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate and, for the benefit of the noble Lord, Lord Adonis, that means the clerk in Grand Committee, not the clerk downstairs in the Chamber, who he emailed by mistake.

Amendment 7

Moved by
7: After Clause 58, insert the following new Clause—
“Non-disclosure agreements
(1) The nominated undertaker, or any subcontractors thereof, must not enter into any non-disclosure agreement with any party in connection with the scheduled works unless the assessor of non-disclosure agreements related to the scheduled works (“the assessor”) has certified that it is in the public interest.(2) The Comptroller and Auditor General must appoint a person to be the assessor.(3) The assessor must be—(a) independent, and (b) a current or former high court judge, higher judge or Queen’s Counsel.(4) In this section, “independent” means independent of—(a) Government,(b) HS2 Ltd, and(c) persons contracted or subcontracted to carry out the scheduled works.(5) The assessor must undertake his or her work with a presumption in favour of transparency and public accountability in matters connected to the scheduled works.(6) The assessor must review any non-disclosure agreement between the nominated undertaker, or any subcontractors thereof, and any party in connection with the scheduled works and in place before this section comes into force to certify whether it is or is not in the public interest. (7) The assessor may not determine that a non-disclosure agreement is in the public interest for the purposes of subsection (1) or (6) except for the reason that it is justified because of exceptional commercial confidentiality.(8) If the assessor certifies under subsection (6) that a non- disclosure agreement is not in the public interest that non-disclosure agreement immediately ceases to have effect.(9) In this section, a “non-disclosure agreement” means any duty of confidentiality or other restriction on disclosure (however imposed).”Member’s explanatory statement
This amendment seeks to require HS2 to subject all proposed NDAs to independent scrutiny.
Lord Berkeley Portrait Lord Berkeley (Lab)
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My Lords, this amendment on non-disclosure agreements is relevant to the Bill but covers a much wider scope of government policy than just HS2 or even transport. This amendment was tabled in the House of Commons and got some very interesting discussion going. There is a lot of interest in NDAs and their scope around Parliament around at the moment. There is a lot of concern in the health service, as some noble Lords may know. An all-party group on NDAs has been formed under the able chairmanship of the noble Baroness, Lady Kramer, who will speak to this grouping.

I emphasise again that I am not trying to see NDAs banned completely, but I think some limit to who is subject to them and what they are used for might help transparency in discussions taking place, particularly in Select Committees on the Bill. The worry from people trying to petition has been that businesses and local authorities have been asked to sign NDAs that have prevented them from getting the information they feel they need from HS2 to be able to petition effectively.

This includes denying information to the elected members of councils. I gather that 31 local councils had NDAs on HS2 in place. It is important with issues that concern local areas, such as road movements, which we will come on to as well, and the effect on industrial estates, to ask how the public interest can be served if information is limited and councils cannot tell even their elected members what they are discussing. I do not know whether the withholding of all this information was intentional, but it is important that access to it is not denied to councils, landowners and businesses to prevent them discussing options and issues.

The idea of banning NDAs completely is obviously not very sensible and I am not proposing that, but what I am proposing is—I am sorry to use the word “independent” again—a process not only for HS2 or its successor but for other railways and projects, as well as the NHS, to make some kind of assessment of whether or not something is in the public interest. I suggest that the assessor should be a current or former High Court judge or someone similar.

I am sure that we will have a lot of debate on this. It is not a showstopper, but a lot of people would gain comfort from knowing that they are able to get the information they need in order to hold a debate on what they want to talk about. I beg to move.

Lord Russell of Liverpool Portrait The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
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The noble Baroness, Lady Randerson, has withdrawn from speaking to this amendment, so I now call the noble Baroness, Lady Jones of Moulsecoomb.

Baroness Jones of Moulsecoomb Portrait Baroness Jones of Moulsecoomb (GP) [V]
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My Lords, I apologise for my ineptitude with the mute button. I am afraid that I have been infantilised by the previous system, but I promise to do better.

I strongly support this amendment because this is another thing that ought to be standard in public life. Government works are for the public good and private contractors are there to perform that role for the Government on behalf of the public good. It is about trying to achieve that outcome and transparency should be a central pillar of all public works. Lack of transparency breeds distrust, fuels conspiracy theories and undermines whatever public good the Government are trying to and might achieve in doing the work. In particular, non-disclosure agreements should never be used for political purposes; for example, to avoid embarrassment or controversy. Perhaps the Minister could give us an explanation of the full range of NDAs being used in relation to HS2 and precisely why they are being used. That would help us move forward on this issue.

Lord Adonis Portrait Lord Adonis (Lab)
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My Lords, while I recognise that there is a fixed order of speakers, I really want to speak after the noble Baroness, Lady Kramer, because I know that in the past she took up the case of a particular whistleblower. I think that it relates to the time when she was the Minister responsible for HS2. In thinking how I can use creatively the processes of the Grand Committee, now that I know which clerk to email in order to speak after the Minister, if I have anything to say after the noble Baroness, Lady Kramer, has spoken, I shall do so by those means.

What the noble Baroness, Lady Jones, has just said about non-disclosure agreements not being used for political purposes is of course completely correct and all noble Lords would agree with that. I am very keen to hear from the noble Baroness, Lady Kramer, because I think that she is going set out her concerns about a particular case or cases, and obviously I am also keen to hear the Minister’s response to those.

Lord Russell of Liverpool Portrait The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
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The noble Lord, Lord Haselhurst, has withdrawn from speaking to this amendment and so I now call the noble Lord, Lord Liddle.

Lord Liddle Portrait Lord Liddle (Lab) [V]
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My Lords, I am worried that in these discussions I am going to fall out with my noble friend Lord Berkeley, for whom I have great respect, but I hope that that is not the case. However, I think that this is a very odd amendment to attach to a Bill on HS2. There is much wider public concern about the use of non-disclosure agreements, but to add this to an HS2 measure just confirms conspiracy theories about the way that HS2 has been operating. I do not think that there is any great evidence for this and therefore my noble friend should withdraw his amendment.

15:45
Lord Framlingham Portrait Lord Framlingham (Con) [V]
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My Lords, I am happy to support Amendment 7 in the names of the noble Lord, Lord Berkeley, and the noble Baroness, Lady Kramer, relating to non-disclosure agreements. What on earth does an organisation such as HS2 want non-disclosure agreements for? MI5 and MI6 need secrecy for our national security and Ministers are bound to sign the Official Secrets Act for obvious and long-accepted reasons. It is understandable that employees working at the sharp end of research in companies that are competing with each other might be asked to keep their findings confidential. However, to insist on non-disclosure agreements for those working on a civil engineering project is ridiculous and must be seen as rather sinister.

Is this designed to ensure that no one is allowed to discuss the shortcomings of the project? That must have been hugely harmful to the whole construction process. Greater transparency and honesty might have prevented the problems that have arisen. Transparency leads to discussion and consultation, which eventually lead to efficiency and confidence. Secrecy breeds distrust, lack of communication, incompetence and, inevitably, mistakes, which, in a project the size of HS2, can be disastrous. It is no coincidence that this project encapsulates the worst aspects of both secrecy and incompetence. No one outside HS2 has any up-to-date facts and figures to work with and no one knows how bad things are. The truth will come out in the end, but the acceptance of this amendment might allow some fresh air in sooner rather than later.

Lord Snape Portrait Lord Snape (Lab)
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My Lords, as my noble friend Lord Adonis has said, we need some more information and it might have benefited all in the Grand Committee to have heard from the noble Baroness, Lady Kramer, if she feels that there is a particular problem with whistleblowing on this project. I am rather inclined to agree with my noble friend Lord Liddle that this is not the right legislation in which to include such detail, but let us wait and see.

My noble friend Lord Berkeley referred to the Oakervee review, of which he was such a distinguished member, and said that the process was too short and the terms of reference too narrow. He felt that some members did not want to hear witnesses he wanted to call in case they fell out with the Department for Transport as a result. Like my noble friend Lord Liddle, I have a great deal of time and respect for my noble friend Lord Berkeley, so I do not want to fall out with him either, but this is all a bit President Trumpish, in a way. You sit on a commission and there are various aspects of people’s involvement in that commission that are not quite what they should be. If my noble friend feels that something untoward is going on, he ought to tell us about it when he winds up the debate rather than make the implications that he has.

It is a pleasure, as ever, to follow the noble Lord, Lord Framlingham. If I might compliment him by saying so, at least it was a different tune he was playing. The end was pretty much the same, but it was a different tune. We had heard his previous speech, I think, twice on the Floor of the House, once in the Moses Room and at least twice during this Committee. We all knew what he was going to say. The Minister knew what he was going to say. I suspect that the mice in the Members’ Tea Room had an idea about what he was going to say. He is against the project. When I look at the history of his title, I rather think that a lot of his opposition comes from the fact that Framlingham station was closed as long ago as 1952 and the noble Lord has come to the conclusion that if he cannot have any trains, no one else can either. But I will reserve the rest of what I have to say and, like my noble friend, listen with interest to the contribution of the noble Baroness, Lady Kramer.

Baroness Kramer Portrait Baroness Kramer (LD) [V]
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My Lords, I think I will have to disappoint at least three Members of the Committee. First, the work on NDAs, which is an area that does exercise me a great deal, is being carried on under the umbrella of the All-Party Parliamentary Group for Whistleblowing—a very effective group, chaired by Mary Robinson MP. It is very cross-party—it includes the noble Lord, Lord Berkeley, among its distinguished members—and is doing an incredible amount of good work. That is the right place for this to be pursued because it puts it in the very important and powerful context that most of those who personally suffer from NDAs—or, rather, the individual version, normally called a settlement agreement—are whistleblowers.

I am also not going to bring up the individual cases. I would ask the Minister to meet me—although I suppose we will always have to do this virtually—because there are cases of individual whistleblowers that need to be much more central to the attention of the Government. But this is not really the venue to go in detail through their individual cases. They need proper and long discussion. I am also not the right person to put words into those individuals’ mouths—they need their opportunity to make their position understood.

I support this excellent amendment because I think it is rather skilful. It identifies that non-disclosure agreements have long since lost their original purpose. They were meant to be arrangements which would provide confidentiality for proper commercial interests, such as protecting intellectual property or preventing unfair competition. There might be times when they give scope for private discussion, but I think most people can see that that would be very limited.

The amendment also gives primacy to the public interest. What has happened with NDAs is that people are asked to sign them almost as a matter of course in order to get into a meeting, and they have come to be used very widely now simply as a way to make sure that incompetence and wrong behaviour do not get into the public arena.

A number of journalists have done FoIs to try to get a sense of how many NDAs have been signed for HS2, and I was quite shocked to see—looking just at local authorities and civil society-type groups—that there have been some 340. This is just a strategy to prevent transparency in a project that is being paid for by the taxpayer. There should be a presumption of openness and of closure only in those circumstances where it is absolutely required for a valid reason. Right now the assumption is that everything will be secret unless there is some mechanism for opening it up.

As I said, I am particularly concerned about the NDAs which are being used to silence whistleblowers. Again, for people who may not be familiar with this, “NDA” is actually an American term. For individual whistleblowers, these are part of a settlement agreement. As noble Lords know, most whistleblowers are fired pretty much immediately; they lose their jobs and end up in employment tribunals. That drags on for years and then there is a settlement, or they are threatened with retaliation unless they come to a settlement which includes this vow of silence.

Quite a number of whistleblowers on the HS2 project have gone public—at great personal sacrifice. I feel that they should have proper protection, and that is one of the issues I want to discuss with the Minister. Like many in the transport world—including, I am sure, the noble Lord, Lord Berkeley—I am aware of many more people who have accepted settlement agreements, including those silence clauses, because they were afraid for their personal livelihood and for their family. Whistleblowers are canaries in the mine. They should be nurtured, not silenced. Serving staff should never be afraid to raise concerns. HS2 has not been exemplary—to put it mildly—on this issue. It has behaved very badly, frankly, to quite a number of its own staff. If anyone doubts that, they should look at the way that information on issues around costings and land ownership compensation has finally surfaced. Instead of government and others being aware early on that there is a problem, the whole issue festers and by the time it reaches the ears of anybody in government, as far as I can tell, it is very difficult to correct a lot of the underlying damage.

I have to say this; it is important. Most of the whistleblowers on HS2 are great supporters of HS2. I am a supporter of HS2. But we want the project to be judged on its genuine merits and not incorrect claims. I do not believe that the project is being helped by the way in which information has come out—delayed, challenged and finally admitted. It has scarred the reputation of the project. It has undermined public trust, frankly, in any information that HS2 now provides and that is a real tragedy.

We politicians have to shoulder responsibility for some of this. There is a pattern whereby the Treasury pressures departments to understate project costs. That has infected not just this project but a lot of major infrastructure projects. Crossrail strikes me as another of these tragedies which have suffered from the need to come up with an attractive claim in order to get approval at various stages. Those who are running projects—and sometimes this includes the Ministers, frankly—are really afraid to admit when costings are shown to be wrong because they are afraid they will then be vilified.

In complex, difficult, long-term projects, attempting to assess the issues and the costs up front is extraordinarily difficult and we need to take that on board and understand that information will change, that facts on the ground will change and that in this very complex situation not everybody will get it right, but we need that correction to happen as soon as possible and for the information to be available in the public arena as soon as possible. Open kimono is really the only way in which to generate trust and sensible decision-making. Frankly, we will never get that kind of transparency unless we deal with this NDA problem and the silence clauses in settlement agreements. Change that framework and people will speak out, we will hear the canaries, and it will be possible to take action in a way that is beneficial to the project and fair to the taxpayer and all the various stakeholders.

Lord Rosser Portrait Lord Rosser (Lab) [V]
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We have heard already today about government steps to bring in new arrangements to improve governance, so I hope the Minister will be able to be tell us a bit more about non-disclosure agreements in relation to HS2, because one presumes that has something to do with good governance. My information is that HS2 currently has 342 non-disclosure agreements—that is the figure I have been given—including with businesses and landowners, but that not even a list of the parties with whom those agreements have been made is published, let alone their contents.

Who decides that information relating HS2 is so sensitive that its non-disclosure takes precedence over transparency and the public interest, including, I presume, some information relating to expenditure of taxpayers’ money? Is it the Government who make these decisions? Is it HS2? Is it a party with whom HS2 has a contract or an agreement? What happens if there is a disagreement between parties on whether there should be non-disclosure? Who has the final word?

16:00
In response to a Written Question, the HS2 Minister, Andrew Stephenson, defended the agreements, saying:
“Non-disclosure agreements … are used to protect both HS2 Ltd’s information and the information of the other signatory party and are in accordance with typical business practice. These agreements help to avoid placing homes and businesses in unnecessary blight, protect commercially sensitive information of both parties and the personal information of those potentially affected by any proposed changes to the scheme.”
So he has broken it down into three categories: avoiding placing homes and businesses in unnecessary blight; protecting commercially sensitive information of both parties; and protecting the personal information of those potentially affected by any proposed changes to the scheme. I would be grateful if the Minister could tell us—I doubt that it could be today—of the 342 NDAs, how many come into each of those three categories that the Rail Minister said in a Written Answer was one of the justifications for an NDA. What was significant in that Answer was that he did not mention that they would ever be used in relation to whistleblowing—that was not one of the categories that he listed.
This is a very murky and secretive area of NDAs. I share the view expressed that there are circumstances when they are needed and are fully justified—I am sure there are—but when one sees the number in relation to HS2, one is entitled to ask whether they have not got a bit out of hand and are being used in instances for which NDAs were not originally envisaged. Are they perhaps being used for the interests of the parties concerned, and have we forgotten that, where there is any doubt, transparency and the public interest should take priority, which is surely what good governance is in part about and which the Minister has said in earlier debates is what the Government want to strengthen in relation to this project?
Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, non-disclosure agreements, or NDAs, are entered into voluntarily with the consent of both parties. In the case of the HS2 programme, NDAs are used for good reason and in the public interest. For example, NDAs may allow HS2 to have open and frank conversations with stakeholders, including local authorities and businesses, on a range of plans and proposals—these are not firm schemes but plans and proposals; they are things that may come to pass or may not. By doing so, it has better access to the information it needs to inform the proposals then put forward. If all possible developments are public at all times, the alarm and concern created in local communities would be simply extraordinary.

NDAs provide huge value to the taxpayer and local communities by reducing generalised blight that would happen otherwise. HS2 entered into agreements with local authorities as part of the very early stages of exploring the different route options. This protected swathes of the country from suggestions of new infrastructure. What would have happened had those suggestions come out? Property values would have plummeted, yet most of those suggestions were just that—suggestions—and they would never have come to fruition.

The private nature of such conversations is helpful. It reduces worry and uncertainty for those affected by the scheme. The use of NDAs also protects the public’s private and personal data. Sometimes, it is necessary to share information between organisations. For example, there might be concerns about somebody’s welfare. HS2 has a duty of care but also needs to share such data in compliance with the law. NDAs allow this to happen. Protecting personally sensitive and project-related data in this way allows the project to avoid affecting property values unduly and to protect individuals’ rights. I am confident that the use of NDAs by HS2 is in the public interest. It is not a way to avoid transparency; it is a way to ensure that HS2 is able fully to scope the costs of the various proposals in a confidential manner and to ensure that whatever proposals are eventually put on the table are those most likely to succeed, while minimising the alarm caused in areas which, frankly, do not need to be alarmed because they were not in the end chosen.

The need for an independent assessor to testify to the public interest has been discussed extensively and considered by the Secretary of State for Transport during the passage of this Bill, including whether it might be pertinent to appoint further observers or implement a new complaints procedure. The conclusion has been that it is right that those who wish to do so should have the opportunity—they do not have to do it—to enter into an NDA with HS2 Ltd. In this sense, people who are affected by the scheme should be allowed to protect themselves and their private conversations with HS2 without concerns that their data will be shared with a third party. Just because these private agreements are just that, private, does not make them invalid or an illegitimate form of protection for the parties—it does not make them shady, as has been the impression I have been given by the speeches of some noble Lords. They are voluntary agreements that can be entered into for various reasons.

If an independent assessor were appointed to scrutinise such agreements, they would be breaching the privacy of those agreements. The appointment of an assessor would effectively prevent the sharing of information on a confidential basis. This would cause delay, which noble Lords tend not to like. It would increase uncertainty —again, a bad thing—and costs for those affected by the project and the cost of the project itself, which is ultimately paid for by the taxpayer.

I want briefly to mention that there are established complaints procedures for members of the public who wish to have their concerns considered through independent scrutiny. As noble Lords are aware from day 1 of Committee, there is Sir Mark Worthington, the independent construction complaints commissioner. There is also the residents’ commissioner, Deborah Fazan, who is in place to hold HS2 to account for the commitments in the residents’ charter. She produces periodic reports on HS2 performance against those commitments. Within HS2, there is an established whistleblowing hotline, called Speak Out. Speak Out provides a route for staff, contractors and members of the public to raise concerns about any potential misuse of taxpayers’ funds.

The noble Baroness, Lady Kramer, mentioned that she would like a meeting. I would very much appreciate a meeting with her, although I might perhaps offer my colleague, Minister Stephenson, as the HS2 Minister. He would be better able to hear her concerns, because we need to get below the whole “Ooh, it’s a bit shady; 342—isn’t that too many?” I do not know: is it too many or is it too few? The whole point is: are the non-disclosure agreements the right ones, and are they reached voluntarily and for the right reasons?

I would like the noble Baroness, Lady Kramer, perhaps to have a meeting with my colleague, the HS2 Minister, to talk through some of the evidence and some of the things that may have happened in the past, which we have been able to remove, because of the steps that have been taken, and to discuss any ideas that she has for steps that we can take in future to ensure the requisite level of transparency—but also to protect the taxpayer and ensure that confidential conversations can take place when appropriate.

On the basis of my intervention, I hope that the noble Lord feels able to withdraw his amendment.

Baroness Watkins of Tavistock Portrait The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)
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I have received requests to speak after the Minister from the noble Lord, Lord Adonis, and the noble Baroness, Lady Kramer.

Lord Adonis Portrait Lord Adonis (Lab)
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The Minister’s response has been compelling. She is right to point up the importance of HS2 Ltd being able to discuss with local authorities confidentially different route options, treatment of works, and so on. That is completely correct. Of course, if that was not possible, HS2 probably would not be able to have some of those conversations, because the issues raised would be too sensitive. Therefore, I do not think that the case for this amendment has been made even in principle.

I note that the noble Baroness, Lady Kramer, is going to come in after me. If she is going to try to persuade the Committee that there should be some more different and onerous process for HS2 Ltd in respect of non-disclosure agreements, she will have to be franker with the Committee about that. I do not think that we should have general statements made that would lead to substantive changes in a non-disclosure agreement that could impede the work of HS2 Ltd, unless we are given instances that we find compelling to justify that.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I do not think I have anything further to say to the noble Lord, Lord Adonis. I too would very much appreciate hearing from the noble Baroness, Lady Kramer.

Baroness Kramer Portrait Baroness Kramer (LD) [V]
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Thank you. I would very much like to take up the Minister’s offer of a meeting with the HS2 Minister, Mr Stephenson. That would be extremely helpful. I hope she might have the opportunity to spend a little bit of time looking at some of the cases. I want to challenge the myth that signing a non-disclosure agreement is essentially voluntary. I think that she will find that it is just standard practice, or a meeting is not offered.

The Minister will also recognise that the non-disclosure agreement then covers everything contained within the meeting. As I say, there may be nuggets that genuinely should remain confidential, but there is a great deal of information that should be out in the public arena. It is a mindset, in a sense, for how organisations conduct themselves—whether it is transparency around information not disclosed on an exceptional basis, when there has been careful thought about whether or not that information should be disclosed, or whether the presumption is that everything will be kept behind the closed kimono and information will made available only on an absolutely must or need-to basis. We need some rethinking on this, because that has not served us well.

The Minister will know from her own experience of looking at infrastructure projects that they come up with shocks. We are probably both very aware of Crossrail, which appeared to be completely on track almost until the very final moments, when we were all expecting the announcement of its opening, when we discovered that it was several years behind.

This issue has to be tackled. The issue of individual whistleblowers is one that I would very much like to take up with Ministers, because a salutary conversation between Ministers and senior management at HS2 could make very significant improvements in that arena.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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Well, okay, I thank the noble Baroness for her further intervention. I am not wholly the wiser as to what she is trying to do here. She has mentioned the shock of Crossrail. I was not aware that that was anything to do with NDAs. But she was a Transport Minister, so she knows how projects work, and I was actually discussing Crossrail earlier today and asked exactly the same question about how on earth that happened. It is the case that sometimes, for whatever reason, costs increase, but I was not aware that with Crossrail there was an issue with NDAs. If she has information in that regard, I would be happy to receive it, because it would be news to me.

16:15
I am trying to get beyond the sweeping statements that, “These things are bad, information is being hidden, and therefore we have to crack down on them.” That is one side of the argument—but the other side, of course, is as I have set out, that they can be hugely beneficial and are entered into voluntarily. The noble Baroness said that they were not entered into voluntarily, as if everybody was evil, but I need more understanding of what the evidence is around that and what information she feels is therefore not getting out into the public domain that should be. She said that you do not even get a meeting unless you sign the NDA. That may often be the case—and, yes, about 80% of the meeting may be absolute nonsense and could be public information. But, again, I would appreciate in the meeting that we have with her if we could get underneath the skin of this a bit and find out what information she feels is being covered up, the consequences of that cover-up, and how the NDA process is fuelling that cover-up, because I am not there yet. I have heard sweeping statements, but I am not quite fully understanding.
Lord Berkeley Portrait Lord Berkeley (Lab)
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My Lords, I am grateful to all noble Lords who have spoken to these amendments. I think we are in grave danger of having a debate about what is black and what is white; these are the kinds of things where there is actually a lot of grey in between. I do not think that a sweeping statement saying that all NDAs are wrong is at all helpful, and I do not support it. Similarly, as my noble friend Lord Rosser said, if there really are 340 NDAs for HS2, there is quite a lot of evidence to suggest that they are not all necessary for the good promotion of HS2 and its ideas and discussions. How many of them are more to avoid embarrassment? I do not know whether the Minister will be able to respond to my noble friend Lord Rosser’s request for the reasons but, if not, perhaps I could join the meeting with the noble Baroness, Lady Kramer, and talk about it further.

It has been a useful discussion, but I emphasise that, however it is taken forward, public interest and transparency have to be looked at alongside confidentiality. What I thought was really inappropriate was when I was told that the borehole information at Wendover was confidential. Why should borehole information for anything be confidential, especially when we have a very good geological survey of the whole country?

With those comments, I thank noble Lords who have spoken and beg leave to withdraw the amendment.

Amendment 7 withdrawn.
Amendments 8 to 10 not moved.
Baroness Watkins of Tavistock Portrait The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)
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We now come to the group beginning with Amendment 11. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.

Amendment 11

Moved by
11: After Clause 58, insert the following new Clause—
“Connectivity
(1) The Secretary of State must conduct an annual review of the impact of this Act on the connectivity of the UK Rail Network. (2) The review under subsection (1) must make reference to—(a) the impact of HS2 on connectivity in relation to—(i) the existing rail network, and(ii) new parts of the network constructed during the process of HS2;(b) future connectivity planning.(3) The review under subsection (1) may make reference to the impact of the coronavirus pandemic on future connectivity planning.(4) The Secretary of State must lay a copy of the review under subsection (1) before both Houses of Parliament within six months of the day on which this Act is passed, and each calendar year thereafter until 2035.”
Baroness Randerson Portrait Baroness Randerson (LD) [V]
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My Lords, in speaking to Amendment 11, I shall refer to the amendment in the name of the Labour Party.

The finances of HS2 do not stack up, unless it is used as a spine from which to hang a network of substantial improvements to existing rail services and a programme of new lines and stations. Amendment 11 in my name is designed to cover this by way of an annual review by the Secretary of State. The frequency is intended to keep the process of future planning under constant review because, for the sake of efficiency and cost effectiveness, it is essential that there is a steady flow of work for the rail manufacturing and construction industry. The Department for Transport needs to move away from the cumbersome feast-and-famine approach to railway building which has so hampered the industry in recent years.

The noble Lord, Lord Adonis, queried whether the eastern leg of HS2, phase 2b, would be built following the Minister’s confirmation in our previous debate on Monday that Bills for the eastern and the western legs will be separated. I invite the Minister to tell us whether there is any truth in the rumour that the National Infrastructure Commission, which is developing the strategic rail plan, might recommend that HS2 as a new line should be built only from Birmingham to East Midlands Parkway, and that thereafter trains would join the existing main line to Nottingham, Derby and Leeds. Even if that line is improved and electrified, this would mean that there will be no gains in capacity and speed, and it will mean the loss of the economic development potential of HS2 which we have seen so well illustrated already in Birmingham. If there is truth in this rumour, it illustrates the UK’s fatal flaw: our failure to raise our eyes to the horizon, to build for the future, to plan for the future.

The work of Midlands Connect, for example, and its Midlands Engine Rail plans illustrates perfectly the way in which HS2 can and should be used to stimulate major improvements in rail services across the area and, beyond that, further to the north. It has planned three packages of improvements. Package West uses phases 1 and 2a as well as capacity in existing lines which is released by HS2. It would enable 20 more trains per hour into and out of Birmingham Moor Street station, improving links with the south-west, Wales and the east Midlands. There are plans to improve connectivity at Birmingham Airport and for faster trains on existing lines between Birmingham and Manchester. Then there is its Package East: a multimodal strategy to connect towns across the region into the HS2 hub station at Toton. But possibly most significant is its Package Connect. It has plans to enhance the east-west connection between, for example, Crewe and Derby, Nottingham and Lincoln, and so on, significantly improving journey times in an area where the percentage of commuters who travel by rail is woefully low. Why is that? It is largely because the speeds of the trains—the services at the moment—are low, and the services are infrequent. I must also not forget the importance of freight. Putting more goods on to the railways is important, and essential to a green future and to avoiding climate change.

The single unifying factor in all these plans is that they all depend in some way on the impetus that HS2 will provide. A high-speed long-distance railway leads to improved services for commuters, shoppers and leisure travellers as well as additional capacity for freight. Despite the falling numbers of rail passengers, and despite the fact that the pandemic has made us think again, there is every reason to believe that people will return to travel in the future. Indeed, they already have. Already, we are at roughly 100% of pre-pandemic road traffic levels, at a time when only 59% of us are back in work in our offices. If we were all to go back to work as we have done before, that would be an additional 2.7 million cars and other vehicles on the road per day. It is simply not possible and sustainable in terms of congestion, let alone the impact on air quality and emissions. For a green future we have to plan for a modern, fast and efficient railway.

I remind the Minister that in the general election last year the Government received a huge boost from electors in the Midlands and the north, who put their faith in the Government’s levelling-up rhetoric. Now the Government have to deliver on that, and HS2 is a key part of that deal. But as I hope I have illustrated, HS2 must be used as a catalyst for much more—for much greater change—and the north of England and the Midlands will have a pretty dim view of government promises if that does not go ahead as planned. I beg to move.

Lord Adonis Portrait Lord Adonis (Lab)
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My Lords, the noble Baroness, Lady Randerson, has made some powerful points. She has also teed me up splendidly because her amendment raises the issue of connectivity. I can see that the Minister is much looking forward to the fact that I am going to speak again about the connectivity of the east Midlands, Yorkshire and the north-east, which is imminently threatened by this review and potential cancellation of HS2 east.

Lest noble Lords think that I am unnecessarily alarmist on this, I am doing my public duty to see that this catastrophic and historic error is not made. Every time I raise this issue and engage with stakeholders, my concerns become greater. Since I made my remarks on Monday I have had a number of private representations, which it would not be proper for me to reveal because I gave non-disclosure agreements in response to those, but I have also had a very significant public representation —which I have forwarded to the Minister to give her an opportunity to respond in her reply—from Professor David Rae, who is a professor of enterprise at De Montfort University in Leicester, an area which would gain enormously from the benefits of HS2 east. Perhaps I may read the key part of his letter to the Grand Committee, because it specifically responds to the points I raised in our previous sitting on Monday. He writes:

“Consistent with your Twitter messages”—


I tweet summaries of my speeches because they are far too long to inflict on the public at their full extent—

“regarding the threatened axing of the HS2 Eastern link, a well-informed source tells me that the National Infrastructure Commission, which is preparing the Rail Plan”—

the one that the noble Baroness keeps referring to, and which she rightly says I do not like because it is the disguise for delaying or cancelling it—

“which will recommend the future investment, is more likely to propose that HS2 East is only built from Birmingham to East Midlands Parkway (EMP) and there to join the existing Midland Mainline and follow existing … lines to Nottingham, Derby and North to Leeds. Even if this is approved, there are multiple negative effects. In terms of rail, there will be few gains in either rail capacity or speed, and none north of EMP. In effect the Leeds and Northern HS2 link would be via HS2 to Manchester and thence via Transpennine Rail”.

I should say in parenthesis that that means that the east Midlands would gain very little out of HS2 and the journey times to Leeds and the north-east would be significantly delayed because all of their HS2 journeys would need to go via Manchester. That presupposes that a tunnel is built under the Pennines at high speed to take the line from Manchester to Leeds, which itself, as I know from having looked at the costings, is a hugely expensive and very problematic project.

Professor David Rae continues:

“There is also a large economic development loss to the region. As you will know, the development of the Toton ‘Garden of Innovation’ new community and innovation district around the HS2 station—


the junction station between Derby and Nottingham that is proposed as part of HS2 east—

“is of strategic importance to the region and is one to which the Councils in Derby, Nottingham and respective Counties as well as the Local Enterprise Partnership … are committed. This is crucial to grow the high-value and high-skill capacity of the region, predicated on HS2, and if lost will set back the region’s economic development by 5 years. We simply cannot afford this loss, set against the effects of COVID-19 job losses and anticipated Brexit impacts.”

16:30
I could continue to quote, but the noble Baroness has the letter. The point underlying this is that the noble Baroness, Lady Randerson, is absolutely right to highlight the wider connectivity issues at stake in HS2. HS2 is a network, not simply a single line, and it is essential that the network benefits of HS2 are secured to the eastern side of the country as well as the western. If HS2 proceeds only to Manchester, with some stunted version ending either at Birmingham or going on only to East Midlands Parkway station, north-east of Birmingham, we will essentially have two nations in England in the century ahead. We will have the prosperous, dynamic, western side of the country, which will have the benefits of 21st-century technology, capacity and railway engineering, and the eastern side of the country, which will be stuck in the 1830s and 1840s in terms of its rail technology and capacity and will inevitably fall behind.
So, I make no apology for raising the alarm again. I give the Minister another opportunity to confirm that HS2 east will proceed, and I hope I will at least have alerted the local authorities involved—Derby, Nottingham, Sheffield, Leeds, Newcastle and York being the primary ones affected—that their economic prospects for the next generation and beyond are about to be blighted by this review. The only consolation I have is that the review is being conducted by the National Infrastructure Commission, which I had the honour to establish and to chair, and I cannot for a moment believe that my colleagues on it would be so unwise as to recommend the scaling back of HS2 east, with all the damage that would do to the long-term infrastructure and economy of the eastern part of England.
Lord Liddle Portrait Lord Liddle (Lab) [V]
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My Lords, that was a very powerful speech by my noble friend Lord Adonis, and I have very little to add to it. I support this amendment. I think it is sensible that Parliament look regularly at how the HS2 scheme is being used to promote greater connectivity at local and regional levels, and of course I agree with my noble friend’s concerns about the eastern leg of the HS2 plan. The only other point to add concerns the work of the Select Committee. I have sympathy with the amendment in the name of my noble friend Lord Rosser, on the capacity of the county councils to deal with the consequences of the HS2 plan. The Select Committee felt that in one or two cases where we had petitioners making perfectly reasonable points, the county council had not responded to them in the way we would have hoped. There should be a strong message—although I doubt an amendment would be appropriate—that the councils need to gear up to cope with this major project.

Lord Snape Portrait Lord Snape (Lab)
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My Lords, while I support everything that has just been said on this amendment, I do not want to repeat anything. There is a connectivity problem with HS2. If it were decided—wrongly, as has been amply outlined by my noble friend Lord Adonis—to truncate the eastern leg of HS2 somewhere in the east Midlands and, presumably, electrify the existing line so that HS2 trains will join the existing main line at some unspecified point in the east Midlands, there would be an immediate connectivity problem.

In the days when I worked for the railway, on the operating side, the regulation of trains was a fairly simple matter. Trains were broken down into various classifications: A, B, C, et cetera. Class A was an express passenger train, and signallers would normally give priority to such a train, regardless of circumstances —late running, bad weather, et cetera. Since privatisation, of course, things are somewhat different. It never ceases to amaze me sometimes, standing at Birmingham New Street station, to watch a late-running Pendolino train for London Euston being held in the station while a local train booked to leave behind it leaves on time and therefore in front of it, delaying the express passenger train even further. When I ask signallers and people responsible for operating the railway these days why these incidents take place, I am told, “Well, the lawyers will say that that was its booked path and if we delayed it further, there would, of necessity, be compensation payments”.

I raise that technical side for this reason, as far as this amendment is concerned: in Clause 34, “Objectives of Office of Rail and Road”, there are details about railway matters. If we are to have high-speed trains mixed in with existing passenger and freight trains, I just remind noble Lords on both sides that this will happen regardless of the completion of the Y-shaped layout planned for HS2. There will be another regulation problem thrown up by the addition of such trains to the existing traffic. Without going into any great detail, the Select Committee discussed the provision of an altered junction on a short stretch of the west coast main line that would have meant that high-speed trains, instead of joining the “down” fast line on their way to Crewe, actually joined the “down” slow line—again, as the result of the understandable desire to reduce expenditure—cutting over to the “down” fast line some small distance further north. That adds another complication so far as train regulation is concerned, on, as we have already discussed, an already crowded west coast main line. That situation, of course, would be repeated and worsened if the Y-shaped east Midlands leg of HS2 were truncated, as my noble friend Lord Adonis fears.

I have a question for the Minister, going back to Clause 34. I quote from the Explanatory Memorandum:

“The Railways Act 1993 imposes on the Office of Rail and Road (ORR) a duty to address certain objectives in the execution of its non-safety functions. These objectives do not currently contain any explicit requirement for the ORR to facilitate the construction of Phase 2a of High Speed 2. Subsection (1) adds such a requirement and thereby clarifies the ORR’s role for the benefit of the ORR and rail operators.”


My question to the Minister is, what role will the ORR have as far as connectivity and train regulation is concerned? I do not expect her to have the answer off the cuff, and I would be grateful if she would write to me. It is an appropriate matter, I hope she agrees, to raise in connection with this amendment and I hope we can find some way of answering this particular problem concerning the role of the ORR in future.

Lord Berkeley Portrait Lord Berkeley (Lab)
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My Lords, I shall speak briefly in support of these two amendments. They are vital to getting the best out of HS2. Amendment 11 was moved by the noble Baroness, Lady Randerson, who mentioned 20 trains an hour in and out of Moor Street, and there is a great deal that needs to be done around Birmingham to improve local services there. She and other noble Lords mentioned the problem—or the not very good services—and the tracks that head from Birmingham eastwards towards Nottingham and Derby. I think there is quite a strong argument for either upgrading the existing lines or at least building HS2 section 2b there.

I have more of a problem with making decisions now about what should happen to HS2 between Derby and Nottingham towards Leeds and Sheffield. There are various ways of doing it, such as just upgrading the existing routes or improving the east coast main line, which I know my noble friend Lord Adonis is greatly against, as he said on Monday. However, all these things need to be looked at because when we were doing some of the consultation, such as it was, for the Oakervee report, it was quite clear that the demand for services in the Midlands and the north was primarily for shorter distance and to a large extent east-west, and therefore getting across the Pennines somehow is very important. Whether it is HS2, Network Rail or Transport for the North does not really matter as long as there are services there and further south from Birmingham to the Derby area. The key is to have frequent, reliable services going faster, but whether they need to be separate or together with HS2 is something I think the Minister is looking at in her study.

For me, HS2 is, as my noble friend Lord Adonis said, not a network but a line which starts in London, splits in two and goes to Manchester, and perhaps a little further north to connect with the west coast main line, and to Sheffield and Leeds. The network is there to connect with much improved local services, and therefore the amendment tabled by the noble Baroness, Lady Randerson, is very important. It needs to link with, I hope, improved local services.

I also support the amendment tabled by my noble friend Lord Rosser to some extent. It is very important, but we are almost going back to the discussion we had about the Transport and Works Act and hybrid Bills and whether local authorities in the present set up have enough resources and are given enough time in Committee to make their arguments. That is something that I am sure we will continue to discuss over the next few weeks.

Baroness Watkins of Tavistock Portrait The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)
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I call the noble Lord, Lord Bradshaw. Lord Bradshaw? We will move on and I will call the noble Lord, Lord Rosser, and return to the noble Lord, Lord Bradshaw, if we can connect with him. The noble Lord, Lord Rosser.

Lord Rosser Portrait Lord Rosser (Lab)
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I shall be relatively brief. My amendment is on a similar theme to the amendment moved by the noble Baroness, Lady Randerson, but mine relates more specifically to transport provision in Shropshire and Staffordshire. It refers to the construction and maintenance of the HS2 works and to changes to general passenger movement caused by the works and the implications for railway stations in order to keep it within the scope of the Bill.

Shropshire and Staffordshire are not particularly well placed when it comes to public transport, and it looks as though HS2 phase 2a is going to present considerable upheaval for some residents during construction, and perhaps to a degree afterwards, when there is no direct subsequent benefit to them from HS2 phase 2a, as there will be no stations nearby that will give them easy access to the new high-speed service.

At Second Reading, my noble friend Lord Tunnicliffe raised the lack of transport infrastructure in Oswestry. Since Second Reading, it has been announced that the bus station in Oswestry could close. On the other side of the coin, there are rumours of the Government supporting the reopening of a railway station in Oswestry. Can the Minister say whether the Government would support such a station and obviously then the restoration of a rail link to Oswestry?

16:45
The Foundation for Integrated Transport has examined bus services in Shropshire and called for new services in the north-east of the county in Ellesmere and Whitchurch. With the relatively poor public transport infrastructure, many people are reliant on roads, including to reach the railway network. Roads in Shropshire are in need of improvement. For example, the A5 trunk road near Oswestry is still not dualled. Do the Government intend to address that situation? In Staffordshire, Newcastle-under-Lyme has a population of some 75,000 but does not have a railway station. Do the Government intend to improve transport links by addressing that deficiency?
It would be helpful to have responses to these questions and also to the general point about whether it is the Government’s intention to take a serious look at improving transport links generally in Shropshire and Staffordshire as an associated part of the HS2 phase 2a project, which will pass through the area but be of little benefit to those most affected if transport links to gain access to and from the new high-speed services are not also considerably improved.
Baroness Watkins of Tavistock Portrait The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)
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I call the noble Lord, Lord Bradshaw. Lord Bradshaw, I think you are muted. You have to unmute yourself with the new system. Lord Bradshaw, I am sorry, but as we cannot connect with you, we will move to the Minister.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, connectivity between HS2 and the wider network and the impacts of HS2 on that network are critical concerns. The central aim of HS2 is to improve connectivity along its length and to ensure that it integrates with all modes of transport, including local rail and bus networks.

On rail specifically, noble Lords will be aware that Crewe, at the northern end of phase 2a, has a long history as an important hub on the railway network. Construction of phase 2a will allow passengers who connect through Crewe currently also to connect to HS2 services. This will significantly improve rail connectivity, and we expect regeneration benefits at the station and in the surrounding areas. The details of those services cannot be defined now but will be worked out in due course through existing rail operations processes.

The time to assess the connectivity benefits of phase 2a, whether by rail or indeed any other mode, will be when the railway has been built and the services have been planned such that other services can be connected to them. In the meantime, the Government continue to invest in local and longer range transport infrastructure in the UK to improve connectivity and capacity, and we continue to identify and assess problems and possible solutions.

We continue to talk to local communities and railway operators and to invest in infrastructure and services that level up opportunities for everyone across the country. For example, the Restoring Your Railway programme includes an ideas fund that provides development funding for early stage ideas to explore options to restore lost rail connections. Ten proposals are already being funded at the development stage so that they can move from the first round of the ideas fund to the subsequent stages.

The noble Lord, Lord Snape, asked about the role of the ORR, and I shall be honest with him that I will have to write, but I will happily do so.

Many noble Lords have tried to lure me into a discussion of connectivity and services beyond phase 2a, but I fear that I would only repeat myself and I cannot countenance repetition, so I will not be lured at this point. We are talking about phase 2a, and I believe that there are huge opportunities for its connectivity, many of which were mentioned by the noble Lord, Lord Rosser, and of course the Government take into account those sorts of opportunities whether or not one is building HS2 in the area because local connectivity is always important.

Turning to the amendment of the noble Lord, Lord Rosser, the question of the impact of construction on the transport networks in Shropshire and Staffordshire has been considered quite extensively in the environmental statement. The majority of the phase 2a route passes through rural Staffordshire. As I can confirm from my own visit to the route, some of the sites are accessible only by very minor roads. The environmental statement that accompanies the Bill therefore gives significant consideration to the issue of getting workers to and from the worksites in the most efficient and least disruptive manner.

The draft code of construction practice sets out that workforce travel plans will be developed with the relevant highway authority and these will take into account public transport and cycling and walking routes. It is our expectation that the existing railway network will not be used much on a daily basis by workers on HS2 phase 2a. The environmental statement, taking a reasonable worst-case approach, assumes that all workers will commute either in a car or in a van, with some element of ride-sharing. Worker accommodation will be provided at some locations, and this will reduce the volume of journeys. We also expect many of the workers to travel outside peak hours.

I therefore do not see the merit of requiring an annual review of rail connectivity, as suggested in the amendment of the noble Baroness, Lady Randerson. There will be ongoing discussions about connectivity that will develop over time. The provision of transport in Staffordshire and Shropshire has already been looked at, but, of course, we will continue to be open to opportunities for further improvements. I hope that on this basis, the noble Baroness feels able to withdraw her amendment.

Baroness Watkins of Tavistock Portrait The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)
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I have received a request to speak after the Minister from the noble Baroness, Lady Gardner of Parkes.

Baroness Gardner of Parkes Portrait Baroness Gardner of Parkes (Con) [V]
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My Lords, my comments are about connectivity and probably relate more to Amendment 11 than to Amendment 14. The Minister has just spoken about connectivity, so it seems to be an appropriate moment to follow that point. I declare an interest in that I have close family living near the place where the trains will pass.

HS2 is a hugely expensive and long, drawn-out process; it should be viewed in that context. I am a supporter of high-speed rail, with the qualification that it is not satisfactory that direct travel between London and the north will still not be possible. Instead, travellers and their baggage will need to leave the station in Birmingham that they arrived at and swap to the new terminus, which, I understand, is to be called Birmingham Curzon Street, and is some distance away. This is not good enough for the 21st century; people are used to travelling with less disturbance and more convenience than that. This is an opportunity not to be missed to make a better connection.

I also concur with noble colleagues who have commented on trains, speeds, tracks and their suitability. There really is not much more that I need to say, because so much has been said, and I have been very impressed and interested, but I am a supporter. I hope that in the end this line will provide excellent connections and direct travel from London to the north. I wish it well.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I thank my noble friend Lady Gardner for joining the Committee and sharing her thoughts with us. I am pleased that she supports HS2. She raised some issues about Birmingham, and I do not have the information to hand. I will write to her with further information about connectivity and the issues she raised about access to Birmingham Curzon Street.

Baroness Randerson Portrait Baroness Randerson (LD) [V]
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My Lords, I thank all noble Lords who participated in this short debate, particularly the noble Lord, Lord Adonis, for the impetus he has provided to us all with his points about the eastern leg and the whole issue of connectivity. As the noble Lord, Lord Berkeley, pointed out, the importance of getting across the Pennines is one of the main points here. He also emphasised the demand for shorter-distance travel, which, of course, is what is freed up on existing lines by the building of HS2.

The amendment of the noble Lord, Lord Rosser, deals specifically with issues in Shropshire and Staffordshire, and we might return to that later in the debate on road transport. There is clearly a very important need to improve transport links there. I say to the Minister, who said she wanted to stick to phase 2a: some of the examples I gave her from the Midlands Engine deal specifically with phase 1 and phase 2a and initiatives that flow from the existence of phase 2a. I am disappointed that she has failed to address in detail the point of my amendment, which is to force continued planning on HS2 as we move forward, and to integrate HS2 with other infrastructure developments in the areas through which it passes.

The rail industry is crying out for a smooth flow of future planning. It does not prosper from the stop-start approach, and there is a need for a smooth process in order to maintain skills and capacity within the industry generally. Having said that, I am happy to withdraw my amendment.

Amendment 11 withdrawn.
16:57
Sitting suspended.
17:14
Baroness Watkins of Tavistock Portrait The Deputy Chairman of Committees (Baroness Watkins of Tavistock)
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We now come to the group consisting of Amendment 12. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.

Amendment 12

Moved by
12: After Clause 58, insert the following new Clause—
“Mitigation of loss or inconvenience to owners or occupiers of land used in these works
In any matter relating to the entry on, occupying or acquiring of, private land, the nominated undertaker must take all necessary steps to mitigate the inconvenience or loss to any owner or occupier of that land.”Member’s explanatory statement
This amendment seeks to ensure that best practices in minimising loss or inconvenience are followed by HS2 Ltd and its contractors.
Earl of Lytton Portrait The Earl of Lytton (CB) [V]
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My Lords, it is fortuitous that this amendment follows the comments of the noble Baroness, Lady Randerson, about Amendment 7. I stumbled across this matter almost by accident in discussion with various bodies and individuals over the operation of the HS2 Ltd land acquisition regime. I am particularly indebted to Andrew Shirley of the Country Land and Business Association, of which I happen to be a member, and Kate Russell of the Central Association of Agricultural Valuers, of which I am not a member. I have also spoken to other chartered surveyor practitioners of the dark arts of compulsory purchase and compensation who have been prepared to share their experience with me. To some extent, the amendment builds on earlier amendments before Grand Committee on day one.

Kate Russell forwarded me a copy of a lengthy letter she sent on 1 June 2020 to Thomas Barry at the DfT in response to the general question—I paraphrase—what could be improved? Noble Lords will be glad that I paraphrase the seven pages of that letter, but I have permission to show it to any noble Lord who may be interested and to whom I have not already forwarded it to, but I have sent it to the Minister and those who spoke to Amendment 5. Bear in mind that this is sent by an official of a professional body, not a disaffected claimant’s agent. Even so, I would not have attached such importance to a single letter had it not encapsulated many of the same sentiments independently expressed to me by others. Please also bear in mind that phase 2a naturally follows the procedures laid down for phase 1.

Kate Russell first explained that the issues being encountered over land and property acquisition went far beyond the normal range and severity that she would have expected. In her letter, she encouraged the department to pause for reflection—a figurative pause, that is, because of course she did not ask for everything to be stopped—because of uncertainties due to design refinements, consequential to the reality of land acquisition and the implications for and disruption to claimants. She outlined the significant stress levels not only for claimants but also to professionals involved and that this has been directly due to the manner in which HS2 Ltd had been handing cases. So bad was this that the very notion of working on HS2 cases has become an issue in professional recruitment and retention, with her members seeking guidance because requirements of their tasks seemed to be at odds with professional codes of conduct.

Her letter goes on to cite several underlying causes. I truncate this, but there was the scale and timeframe of the undertaking and the implications of that, the highly impersonal manner in which the claims were handled and HS2 Ltd’s apparent desire for total consistency above all else in what is a sea of highly variable individual cases—in other words, uniformity in preference to fair balance to individual circumstances.

Of course, everyone recognises the need for value for money in these huge schemes, but the underlying sense expressed to me by another commentator was that the Treasury’s hands were around the financial throat of the department, which in turn has its around the neck of HS2 Ltd and so on, with HS2 Ltd acting in a similar manner towards its suppliers, professionals and, last of all, at the end of the supply chain, the claimants. This, in varying terms, was reflected in the views of everyone I spoke to on the point. The suggestion is that the structure and chain of command of this project is in large part to blame.

Ministers have publicly professed “compassion, fairness and respect” as objectives—or did, until the terminology changed to “compassion, dignity and respect”. When I heard the comments of noble Lords on Amendment 2, I wondered whether this terminology had been intended to refer to the graves and memorials of the long dead rather than to the pressing imperatives of the living. But the word fairness none the less seems to have disappeared.

The visible symptoms of this malaise are these: shifting the burden of proof and justification on to claimants even when it is plain that there must be a reasonable case in principle; challenging every claim line by line; the adoption of the unique HS2 Ltd “take” on matters such as injurious affection and then claiming that this is established practice; delaying payment for as long as possible by these means, or seemingly so; and claimants being driven to the point where they will give up and take whatever is offered to them because they simply cannot go on any longer. We have already mentioned the temporary access provisions which appear to have been used to occupy land first and deal with claimants’ costs at leisure. There is also the demand for professional service suppliers to adhere to these objectives as a priority over their professional rules of conduct, as I explained earlier, as well as overturning their recommendations if it suits. Finally, there is control from the centre to ensure uniformity with no delegation of any decision-making, regardless of the rigidity that results from the process.

Some of these tactics are commonplace and are easy to slant either way. For instance, if you make an internal, unminuted decision to apply a “beyond reasonable doubt” criminal proof standard to compensation claims in what should be a balance of probabilities civil test, that requires no new laws or regulations and can easily be defended as financial control, but which does lasting injustice. Similarly, if you ask for clarification for further and better details, not just once but drip-fed one after the other and each taking a turnaround time of several weeks, that can paraded as diligence. The timeframe can be endlessly spun out and, where payment is involved, delay the pay-out. Another tack when confronted with anything like a complaint is to deny everything to the point of calling black white.

These things are not unique to HS2 Ltd; they are part of the standard pattern of behaviour of large organisations which think that they are beyond the need for customer care or are too big to fail, or have only themselves or a government parent as a regulator, or believe that the noble purpose of their mission is more important than conduct, ethics and fairness, or perhaps all of these.

In our debate on Amendment 5, the Minister took a particular dislike to my reference to the perception of coercion: I did use that word. Perhaps she would prefer “strong-arm tactics” as an alternative, but this does seem to be what is going on here—not yet on an industrial scale, I suspect, but significant enough to matter and important enough for measures to be taken to reduce it, as suggested by Miss Russell. Please understand that this has nothing to do with the adequacy of the compensation claim; it is about the mode, culture and characteristics of implementation.

There are four basic principles that need to apply here. First, there has to be a high degree of accountability in the areas of ethics, fairness, transparency and professionalism, and that has to be embedded in the very culture of the organisation with a comprehensive and effective code of practice. Secondly, there has to be independent oversight and monitoring. Thirdly, there has to be an effective and accessible redress system. Fourthly, there have to be meaningful sanctions for poor practices in appropriate circumstances. The amendment would pave the way for this approach, but I acknowledge that it would require proper resourcing.

In particular among large construction enterprises and administrative organisations, there is a belief in spending much fine gold in defending the process in which they are engaged. Directors get together in order to defend the principle of their existence and what they are involved in. With that comes the question of the exercise of power for its own sake instead of making that process more efficient and transparent. I cannot count the number of times I have pointed out that this is a false philosophy that merely increases friction, although I do not doubt that it gives the impression of being busy, however fruitlessly.

With HS2 Limited I am getting the message that whatever form of corporate social responsibility is at work, it is not one that professionals or citizens universally recognise as a modern or effective duty of care or that it is confined to handling claims. The resultant delays, lack of trust, uncertainty, added disputes, blame shifting and financial loss and so on are capable of being mitigated to good effect were there, as Miss Russell suggests, a claimant strategy document that is worthy of the name, incorporating the four principles I have mentioned. Miss Russell has also told me that in September she inquired of the Department for Transport about such a strategy, having mentioned it in her letter, but she was told that it would be out “soon”, a word I have heard used so often by Government Ministers but which is then followed by no visible action, so that it has nearly lost all meaning and value. However, confirmation that this is somewhere in the pipeline does underline my general point about the need for action.

I invite the Minister simply to confirm that the production of a claimant strategy document is imminent, that it will be independently assessed and not just some internal box-ticking exercise, and that it will be available for us to scrutinise in draft at any rate before the Bill leaves this House. I beg to move.

Baroness Watkins of Tavistock Portrait The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)
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The noble Lord, Lord Liddle, has withdrawn from speaking to this amendment so I call the noble Lord, Lord Haselhurst.

Lord Haselhurst Portrait Lord Haselhurst (Con) [V]
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My Lords, I listened with interest to the noble Earl, Lord Lytton. In general, while of course one should uphold the idea of best practice in these circumstances, we are never going to get to a situation where best practice is perfect practice.

I have seen the law on compensation tightened over many years and become more rigorous and more extensive. The present situation is that it is backed up, in the case of the hybrid Bill procedure, with the opportunity for an individual, community or business to bring their grievance to Parliament. The HS2 Bill has been through that process in the Commons and in the Lords.

One should remember that there will always be two parties to any negotiation. Our committee listened with great sympathy to many of the points that were made to us. Our job was to try to push both sides together to reach an agreement. Many an agreement was made, some of them without the petition having to be brought as far as the committee. Some claims seemed slightly far-fetched—that must be honestly admitted—whereas others were deeply emotional and it was difficult to find the absolutely correct way of addressing them.

I have seen various things in my political lifetime relevant to a discussion of this kind. In my first constituency, Middleton and Prestwich, those two towns were suddenly separated by a six-lane highway, the M62. That project finally tipped the Government of the day into recognising that it is not just land-take that should be measured in circumstances of that kind but that there are various other factors, such as noise disturbance, obviously. That led to the Land Compensation Act 1973.

For most of my political life I was the Member of Parliament for the constituency in which it was designated that London’s third airport should be established, at Stansted. The battle over where the third London airport should be put was fought for over 40 years. I was the unlucky person who was finally overridden in the campaign by the Government of the day. But I saw a whole host of types of grievances that arose and there is nothing more potent than aircraft taking off a mile or two away from where you live. One understands that the very concept of a high-speed railway gets people on the defensive, quite rightly.

However, I honestly do not recognise that from my recent experience on the HS2 hybrid committee. I think a great measure of justice has been done, as far it as can be when you are talking about the construction of a railway of this magnitude. I say to the noble Earl that I do not recognise too much of what he has just described to the Committee. What other colleagues who were alongside me on the committee would say I do not know but I think it was our general recognition, as may be judged from the report, that we were able to get accords in many difficult situations. Not all of them—maybe one or two of the claims were extravagant —but by and large petitions kept being withdrawn because an agreement was reached.

I just do not know whether it is possible at this stage to put into legislative form a compensation system which will ever be universally acceptable. There will always be consideration of the other side. If there is going to be wider public complaint about the rising cost of great infrastructure schemes of this kind, there has to be some sort of control on the level of compensation given, which will not, alas, fully satisfy every single person affected by the project. So I honestly do not see the need for an amendment of the kind proposed.

17:30
Lord Adonis Portrait Lord Adonis (Lab)
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I have nothing to say on this amendment.

Baroness Henig Portrait The Deputy Chairman of Committees (Baroness Henig) (Lab)
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I then call the next speaker, the noble Lord, Lord Snape.

Lord Snape Portrait Lord Snape (Lab)
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My Lords, I agree wholeheartedly with the noble Lord, Lord Haselhurst. As members of the committee, we heard some familiar feelings from many of the petitioners. During my time in Westminster, I have served on committees on four hybrid Bills. Without exception, people affected by works of this kind go through various stages of concern, fear and outrage that their property could be taken, altered or knocked down. It is an inevitable consequence of projects of this size. However, like the noble Lord, Lord Haselhurst, I thought that those who appeared in front of the committee were treated pretty well by HS2 and its representatives. Like him, I saw many of them withdraw those petitions before it was necessary for us to come to a decision.

On all the hybrid Bills that I have served, without exception and across party, Members of both Houses have been aware of the sense of loss that people go through when their property is affected. We buy houses, too; we cherish our own homes and feel terribly strongly when projects such as this affect us.

Dealing with large organisations is never easy; I speak with some feeling here. I spent last night and the best part of about two hours this morning trying to get some sense out of Virgin Media, so I know how people feel and how irritated they become at saying the same thing to different people in the same organisation, but, by and large, it seemed to us on the committee—I think I speak for all of us who were on it—that HS2 did its best.

When Theo Clarke MP appeared before the committee on behalf of her constituents and others affected by this project, the chairman handled the matter in an exemplary way. The committee chairs on all the four hybrid Bills in which I have been involved have been pretty good, but the noble and learned Lord, Lord Hope, given his experience, was excellent in the way he handled both petitioners and HS2. Without knocking any heads together, and in his calm way, he got them to come to some sort of compromise. Therefore, like previous speakers, I do not see any need for this amendment. I just say to the Minister that if she can satisfy the noble Earl’s correspondent on every single one of those complaints, she will not be an Under-Secretary for very long.

Lord Berkeley Portrait Lord Berkeley (Lab)
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My Lords, I have heard many noble Lords say that there is not a problem because the Select Committee, if it received complaints, dealt with them. I suspect that, if there was a problem and people got as far as petitioning about it, the committee would have made sure as best it could that it was solved, and that is very good.

However, I have also heard many examples of people not being paid, and some landowners who have found that HS2 was trespassing on their land, and maybe doing damage to it, not being paid for months or even years. That has been a common thing—and I suspect that both examples are equally valid. The real issue here is that, if there is no problem, the amendment does no harm to anybody. If there is a problem, it will encourage HS2 to behave, and pay for what it intends to occupy permanently or temporarily.

I suspect that the issue may have been something to do with the timing: the Select Committee sat for a certain time and the HS2 Bill has been around for several years. In the intervening period, what do people do if they suffer hardship? There is a lot of evidence, which I think that the Committee has heard before, that the budget that HS2 was given for land purchase by the department, and which the department was given by the Treasury, was woefully inadequate—probably about 50% of what was needed. That is probably one of the reasons, apart from having too much work to do, and maybe incompetence—I do not know—for late payments. HS2 and Ministers will have to do all in their powers to make sure that that it does not happen again for the next phase or two. There may be lessons to learn. In the meantime, I cannot see what is wrong with the amendment, which might incentivise HS2 and other businesses to behave in what is normally thought of as a normal business relationship.

Baroness Randerson Portrait Baroness Randerson (LD) [V]
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My Lords, I thank the noble Earl, Lord Lytton, for giving us the opportunity to discuss this issue. In a way, this amendment goes alongside the previous one on NDAs. You wonder why the use of NDAs is apparently routine in an organisation on this scale. The problem with routine use of NDAs is that, while no individual one is possibly downright wrong, the whole oversight of the scheme gets suppressed. Therefore, it becomes difficult to see those early symptoms of things not working as they should.

We must also bear in mind that it is very easy for an organisation the size of HS2 to look overbearing, unfeeling and unreasonable. It is therefore very much in everyone’s interests that it operates as a good business with the highest ethical standards. It is, after all, a programme and a business for the future, producing something that will be at least 10 years in the making. Therefore, it needs to have modern, responsible business practices.

I suggest to the Minister that, while I am sure she will not want to accept the amendment, it would be an idea for the business practices of HS2 to be given a good look, with this amendment and issue in mind.

Lord Rosser Portrait Lord Rosser (Lab) [V]
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I will be brief. As the noble Earl, Lord Lytton, said, this amendment is about the attitude and approach of HS2. I tried to make a note of some of the things that he referred to. I think he referred to a highly impersonal manner and to the level of control to ensure uniformity of approach when not all cases are similar. I think he referred to the shifting of the burden of proof, to the delaying of payments and to the challenging of decisions line by line. I think he also referred to how it seemed that the Treasury put pressure on the DfT, which put pressure on HS2 regarding finances, and to how eventually all that financial pressure being applied was reflected down the line in the approach to claimants.

I will listen with interest to what the Minister says in reply and, in particular, to whether she accepts that there is validity in what is being said. The noble Earl clearly believes that there is, and I imagine that he is far from the only one who thinks that that is the approach of HS2. I know the Minister will take what has been said seriously. However, I hope very much that she will be able to offer some words that will at least indicate that she will look at the issue and seek to address the concerns raised.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, before I turn to this amendment I need to apologise. There was an error in my speaking note on Monday which I need to rectify. The error was in the statement that I made in relation to Amendment 13, dealing with advance payments of compensation for temporary possession of land. I stated that the Neighbourhood Planning Act 2017 provides for advance payment of compensation in relation to the temporary possession of land and that the amendment was therefore redundant. While it is correct that Section 24 of the Neighbourhood Planning Act 2017 will provide for advance payment of compensation in relation to temporary possession, these provisions will not apply to temporary possession of land under the powers of this Bill. This Bill, like previous hybrid Bills and previous orders under the Transport and Works Act 1992, has a bespoke regime for temporary possession of land which does not provide for advance payments. In my detailed response to the noble Earl, which I have already promised to provide, I will give further details as to the practice of HS2 in respect of the timing of payments of compensation for the temporary possession of land. I will circulate this to all noble Lords who spoke in Committee and place a copy in the Library of the House. I reiterate my sincere apologies that that happened. It will not happen again.

I turn to the amendment. We have heard the underlying concerns which may have led to this amendment and I will set out what the Government are doing about them. Land is needed for the HS2 scheme to build the railway. Some of this land is purchased by agreement but most of the land is acquired through compulsory purchase. This is an unavoidable fact of building most new transport infrastructure and I recognise that, to those affected, it can be devastating. Most individuals affected will accept what the coming of this scheme means for them, come to terms with it and find a way to come to an agreement with HS2 as to when their land will be acquired and what compensation they will receive under the compensation code. For some, they will be happy with the arrangements and agree that their treatment by HS2 has been fair and proper.

However, a few landowners will feel that they have been unfairly treated. They may feel that there is inadequate compensation or that HS2 has not taken due note of their specific individual circumstances. The Government have taken note of those individuals and have been reviewing how they can improve the way in which the project is delivered for all those affected. The noble Baroness, Lady Randerson, asked if we would have a good look at the business practices in this area, and we have already committed to do so.

My colleague Andrew Stephenson has instigated a rigorous land and property review to assess the wider concerns that the amendment seeks to ameliorate. The letter provided by the noble Earl, Lord Lytton, will form part of the evidence for that review, and I am pleased to be able to say that this review will be published very shortly. Of course, Sir Mark Worthington OBE, the Independent Construction Commissioner, deals directly with the complains of individuals affected by the project.

17:45
Going back to the amendment itself and its effect, I am not convinced that it addresses the concerns that may have led to it. The HS2 project already has a policy to attempt to reach early access agreements with owners and occupiers and, further, a policy to be a good neighbour and to treat all with respect. These policies already go beyond the requirements in law. Compulsory purchase legislation does not require the nominated undertaker to seek to reach agreement with the owner or occupier to enter land where powers are to be exercised, but the Government have put these additional policies in place. It is the sincere hope of the Government that the land and property review and the role of Sir Mark combined deliver meaningful change on HS2 that puts affected people and businesses at the forefront of what we do.
As I have already intimated, I recognise that not everything has been perfect for every individual affected by this project—perhaps we will never achieve perfection. Building a railway requires the acquisition and possession of private land and, as I have already mentioned, much of the time this is on compulsory purchase terms. As I said before, for some landowners this is not a problem, but for some affected landowners this railway is an unwelcome intrusion into their lives, and we understand that. It is one of the reasons the Government put those additional policies in place in the first place, and there are safeguards where these are not adhered to.
My colleague Andrew Stephenson is there to help us make sure that people are being treated with the respect and dignity that we would wish and that they deserve. These concerns are not just about money or inconvenience; this is about making sure that people are treated properly. I do not agree that the amendment achieves the outcome of respect, dignity and fair treatment, but adherence to the policies that are already in place and the work that my colleague Andrew Stephenson is doing will. I hope that the noble Earl, Lord Lytton, will join me and Minister Stephenson—and any other noble Lords with an interest in land and property—to discuss these matters further, and that, on that basis, he will feel able to withdraw his amendment.
Earl of Lytton Portrait The Earl of Lytton (CB) [V]
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My Lords, I thank all noble Lords who have spoken; those who have been in favour of this amendment and those who think it is unnecessary. This was essentially a probing amendment—a fishing expedition, if you like—to discover the existence of or progress towards a document that I considered important.

I have noted what noble Lords said about the compensation code. I said in my opening remarks that this was not about the fact of the compensation code, and I tried to steer clear of any question of the quantum of compensation, because that is really quite outside my brief and my knowledge. I do know a fair bit about large projects, because when I worked in a public service, I had to deal with something called the A27 Folkestone-Honiton trunk road. I advise noble Lords that it has reached neither Folkestone nor Honiton, and there are large gaps on the way, but, hey-ho, that is what happens with these things. I also know very well about Part 1 of the Land Compensation Act 1973—the compensation for physical factors where no land is taken, referred to by the noble Lord, Lord Haselhurst. The point here is that I had identified that the Department for Transport had something in train. I do understand that no compensation system can cover everything and no set of procedures in a large organisation can deal with every eventuality.

I am not sufficiently familiar with the process of how petitioners come to appear before the Select Committee. I do not know whether that happens after the point at which they have been in negotiation on compensation matters or beforehand in the prospect of something happening. Certainly with regard to phase 1 of HS2, I am not sure how much of the land acquisition and the acquisition of rights has actually taken place; I suspect that it is not a great deal and that a lot of design work is going on that needs to be sorted out before that can happen. The point I am getting at is that the Department for Transport seems to have admitted that it is doing something and I want to draw out the facts on that and find out what is happening, to provide some background to the reason why that was important.

I am grateful to the noble Lord, Lord Berkeley, and the noble Baroness, Lady Randerson, for their comments. I note also what the noble Lord, Lord Rosser, said about whether the validity of these things is appropriate or not. I turn now to the comments made by the Minister. I did wonder about the question of advance payments and I accept entirely her correction. However, I would say simply that there is an issue here. I am glad that the Government are looking at ways of improving the position and that they are committed to the land and property review, but I am not sure that I am encouraged by “very shortly” as a term of art and whether it is materially better than “soon”, “presently” or whatever other terminology is used. I am particularly interested in the point made by the Minister that there is no requirement to conclude an agreement before entry, or at least that is what I understood her to say.

I will say this: if you do not settle and get an advance compensation payment before entry, you will have someone who has had the use of their land removed, with all the disruption that that entails, but who does not have the money for restructuring or anything like that. In some cases, that may be harmless and inconsequential. After all, you do not earn much by depositing money in the bank these days. In other circumstances, however, I can see that it would be absolutely mission critical for the operation that is being compensated, so that needs to be looked at closely.

I welcome the opportunity of a meeting with the noble Baroness and Mr Stephenson. With that, although I may return to this matter later on in the progress of the Bill, I beg leave to withdraw the amendment.

Amendment 12 withdrawn.
Amendment 13 not moved.
Clauses 59 to 62 agreed.
Schedule 1: Scheduled works
Amendment 14 not moved.
Baroness Henig Portrait The Deputy Chairman of Committees (Baroness Henig) (Lab)
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We now come to Amendment 15. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.

Amendment 15

Moved by
15: Schedule 1, page 29, line 25, at end insert—
“(5) The scheduled works may not commence until the Secretary of State has published a report considering the impact of road traffic resulting from the works.(6) The report must include—(a) an assessment of estimated levels of road traffic resulting from the works;(b) an assessment of the conditions of any roads which may experience an increase in traffic as a result of the works;(c) results from a consultation of residents and local authorities likely to be impacted in each Parish in which the works take place.”
Lord Rosser Portrait Lord Rosser (Lab) [V]
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This amendment provides that the

“scheduled works may not commence until the Secretary of State has published a report considering the impact of road traffic resulting from the works”,

and goes on to stipulate certain issues that the report must cover, including the

“results from a consultation of residents and local authorities likely to be impacted in each Parish in which the works take place.”

I want to refer to a specific case, which is one reason for my amendment. The Select Committee report contains a reference to a petition from Woore Parish Council, Woore being on the Shropshire/Staffordshire border. The petition focused on the impact on the village of construction traffic, primarily to service the works at the Madeley tunnel site, that would run via the A51 and the A525, which meet at a crossroads in the village itself. This would entail the widening of those roads and other works at certain points. The village shop is right where the lorries will turn and during the day there is likely to be a lorry every five minutes. The Select Committee said that there were important matters affecting the safety of the public and that these needed to be discussed between the parish council, HS2 and Shropshire County Council. It urged all the parties to have those discussions as soon as possible.

I understand that until now engagement by HS2 has been felt locally in Woore to be less than satisfactory. This is far from the first occasion when local communities that are going to be heavily affected by the impact of HS2 construction traffic over a lengthy period have felt that HS2 has been less than understanding and sympathetic to their valid concerns or willing to engage fully with local residents and local authorities to address those concerns and minimise impacts. I am aware of issues of this kind in relation to phase 1, a point to which the noble Lord, Lord Randall of Uxbridge, referred on Monday when he said that even his successor as Member of Parliament for Uxbridge, namely the current Prime Minister, had just as much trouble getting answers out of HS2 as he did. What lessons do the Government think have been and are being learned by HS2 from phase 1 on this key issue of effective and meaningful engagement with local communities? Will those lessons learned be properly applied in phase 2a?

HS2 is a company whose basic purpose is to get the new line built. For it, I suspect, engaging with and addressing concerns raised by local communities about the impact of construction works in particular is a secondary issue compared to what must be major engineering issues associated with construction of the line which it has to address. However, to local communities the impact of construction works on them and their daily lives is the issue associated with the construction of HS2, particularly so when the opening of HS2 brings no obvious direct benefit to their community. Whatever the reality may be, HS2 does not always give the impression to local communities directly affected that it recognises this reality.

My amendment seeks to deal with this point. If the Government decline to accept it, I would like to know why they think it is not needed and why they are so confident that the kind of feelings felt in the village of Woore towards HS2 and its perceived lack of engagement and understanding of the impact of construction traffic on the village will be addressed and how.

The impact on Woore of the construction of HS2 is far from the only concern. Three parish councils have raised major concerns relating to HS2’s plans for the Stone railhead/infrastructure maintenance base. The Select Committee called for discussions as soon as possible between HS2, Shropshire Council and Woore Parish Council. The body most directly affected by the impact of the construction of HS2 is the parish council.

There is now a dedicated Minister for HS2 and a cross-government ministerial group. What will their involvement be in ensuring that HS2 engages properly with local communities such as Woore? Will the impacts on local communities and how they are being addressed be dealt with fully in the six-monthly reports to Parliament? Can the Minister assure me that if Woore Parish Council feels that the discussions which the Select Committee has called for are somewhat delayed or are not being entered into in the spirit and with the intent that the Select Committee clearly envisaged, as the body most directly affected by the impact of the construction of HS2 it can take its concerns about the discussions direct to the dedicated Minister for HS2? I hope the Minister will be able to go some considerable way towards addressing the issue to which my amendment relates. I beg to move.

18:00
Lord Snape Portrait Lord Snape (Lab)
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My Lords, I have some sympathy with the amendment moved by my noble friend Lord Rosser. We had a considerable discussion at the Select Committee about this matter; we felt then, and I certainly feel now, that these are matters for the local highway authority rather than a Committee of the House or the Minister herself. If the representations made by the parish council to Shropshire Council as the highways authority are powerful enough, surely they will be acted on. If they are not acted on, obviously the remedy is in the hands of local people at the next council elections. Beyond listening with some degree of sympathy to the petitioners at the time, we felt that, and I certainly feel now, that these matters are best discussed and debated and agreed at local level, and that this is a matter for the local highway authority. From that point of view, I do not see why the Minister should accept an amendment that would delay construction until these discussions have concluded. Given the Covid epidemic, I presume that that will be the reason why things have not progressed as quickly as we might have hoped. Still, I repeat, these matters are best debated and agreed at local level rather than in Parliament.

Lord Berkeley Portrait Lord Berkeley (Lab)
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My Lords, there is a lot of merit in this amendment. As my noble friend Lord Snape says, it should not be necessary because local authorities should be required to deal with HS2, but clearly, in some cases, this does not happen. There is a similarity between what my noble friend Lord Rosser is trying to achieve with this amendment and what we will probably be discussing under Schedule 23 stand part. That is that, before any work starts, there should be a condition survey of the road and the traffic so that one can see what changes, if any, have been brought about by the construction and then, as necessary, deal with it. It is easy to say that local authorities should deal with it, but there needs to be a fallback that, if that does not work, the Minister’s door is always open so that he can deal with it and, if he thinks it is a reasonable request, he can instruct or advise HS2 to do a little more local engagement and respond to what may be justifiable complaints or concerns from the local authorities or residents.

Baroness Randerson Portrait Baroness Randerson (LD) [V]
- Hansard - - - Excerpts

My Lords, the road traffic issue is one of the thorniest problems associated with this project. When you look at many of the objections or petitions to the Committee, they are actually objections to the building process. That is not surprising: people do not want heavy traffic going past their door when they are not used to it. On the one hand, of course, residents and environmental groups have pressed for more tunnels. There are expensive lengths of tunnels planned. However, with more tunnels and long tunnels, every mile of tunnel adds greatly to the amount of site traffic, with lorries having to remove soil as well, of course, as lorries carrying heavy equipment to the site.

A series of initiatives and techniques is proposed by HS2 to mitigate the impact of the traffic. However, I fear that the use of local roads—and the M6, for example —is bound to impact on travel times and convenience for people way beyond the area close to the line of the project. Schedule 17 ensures that construction routes are submitted to local planning authorities for approval, so I have some questions for the Minister. First, the Committee’s report says in paragraph 69:

“Construction routes used by large goods vehicles over 7.5 tonnes would require the approval of the local highway authority, except where they were using motorways or trunk roads and access to compounds with less than 24 two-way trips per day”.


That is 48 HGVs rolling past your window on a daily basis, which may not make much difference if you are on a major A road but would make a huge difference if you were on a quiet back road. Is this exception in relation to compounds, of the 24 two-way trips a day, a standard provision in construction contracts of this sort?

Secondly, given that it is the local planning authority that will make the decision on routes like this, what happens if the local planning authority withholds approval and cannot reach agreement with HS2 on a reasonable alternative route? Who then decides and where does the decision go? I hope that the Minister can provide us with some answers on that.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, the impact of the works on local communities is of critical importance to the Government, and I thank the noble Lord, Lord Rosser, for tabling his amendment to allow us to have this discussion.

The environmental statement for phase 2a runs to some 17,000 pages and, within it, there is set out in great detail the impact of the proposed scheme on local traffic levels. To manage traffic flow, the phase 2a Bill includes powers for the control of construction traffic, requiring qualifying authorities to approve the local roads to be used by large goods vehicles—and this was noted by the noble Baroness, Lady Randerson—where the number of large goods vehicles exceeds 24 trips per day, to or from a site. That is in total, yes, 48 trips, which over a 12-hour period is one every 15 minutes. The noble Baroness asked whether that was a standard provision in contracts. I shall have to write to her on that matter.

In addition, in the Bill there is a statutory duty on the nominated undertaker to have regard to the potential traffic disruption that may be caused and seek to minimise such disruption so far as reasonably practicable. I suspect that local communities will use that to make sure that action is taken, if there are measures that could be taken but which have not been taken.

As the project progresses and construction plans are finalised—and at the moment we should remember that this railway is not being built; there is no construction at all, so plans are still in development—local traffic management plans will be developed alongside these plans with local authorities, agreeing approaches to highways and public rights of way so that the impact on local communities is minimised.

Members of the public were able to petition the Bill Select Committees of both Houses. Further local mitigation measures have been introduced to the scheme to remove or reduce traffic and transport impacts on the basis of recommendations made by those Select Committees. In some cases, that included restricting and reducing construction traffic, maximising the use of rail and haul roads, and undertaking further traffic surveys.

The noble Lord, Lord Rosser, raised the village of Woore. I took some time to look at my phone and see on Google Maps where Woore is, and it is at the junction of the A51 and the A525. While I have every sympathy for those who will be impacted, because there will be an increase in traffic and construction traffic, it is not the case that at the moment they do not have any traffic going through their village, which is at the confluence of two A roads. We need to make sure that they get the sort of measures that they are expecting. My understanding is that there has been no failure of engagement with Woore and that traffic-calming measures have been offered. Perhaps there has been a mismanagement of expectation here. As construction plans are developed, traffic management plans can be developed; without them, we can have all the engagement in the world, but that will not actually achieve anything until there are construction plans to put into play.

I am sure that Minister Stephenson, when we meet him next week, will have something to say about his ongoing commitment to community engagement and how he intends to be involved with it, since it is a very important part of his work. In the meantime, I hope that the noble Lord feels able to withdraw his amendment.

Baroness Henig Portrait The Deputy Chairman of Committees (Baroness Henig) (Lab)
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There are no questions to the Minister, so I call the noble Lord, Lord Rosser.

Lord Rosser Portrait Lord Rosser (Lab) [V]
- Hansard - - - Excerpts

I first thank the Minister for her reply and all noble Lords who participated in the debate. I just comment that I made it clear when I made my contribution that it was at the junction of the A51 and the A525 in the centre of the village. I also said that what would be entailed was widening of those roads and other works at certain points and that that junction was right at the centre of the village.

I have perhaps made some progress. It was after all the Select Committee that said that there needed to be further discussion as soon as possible—because safety issues were involved—between HS2, Shropshire Council and the parish council. I was not asking the Minister—nor do I think she took it this way—to immediately intervene. I asked that, now we have a dedicated Minister for HS2 and a cross-government ministerial group, what would be their involvement in ensuring that HS2 engages properly.

This is not the first occasion that we have had local communities saying to us that in their view—rightly or wrongly—they do not feel that HS2 engages as well as it should. I also asked whether, if the discussion with the parish council was either delayed or not being entered into in the spirit and intent that the Select Committee envisaged, it could take its concern to the direct dedicated Minister for HS2. I think that, in her closing comments, the Minister referred to the role of the Minister for HS2 in making sure that there was community engagement. I appreciate that that was on a general basis—she was not talking specifically about this case—but I hope that this is one where, if the parish council still believes that the discussion is not being entered into with the right spirit and with the necessary intent, it would not be dismissed by the dedicated Minister for HS2 if it made an approach to him with its concerns. It is then obviously up to the Minister what he would or would not do in the light of that approach.

Having made those comments, I again thank the Minister for her reply and beg leave to withdraw my amendment.

Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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I just want to apologise to the noble Lord, Lord Rosser, because I did not hear him mention the road names and now I feel very silly that I did not. I also want to say that in my role as Roads Minister, for example, if a local community feels that Highways England is not engaging with them, they bang on the door of their local MP, the local MP comes to see me immediately and tells me off, I go to tell off Highways England and something gets done. The HS2 Minister will play precisely the same role that I play in making sure that local communities are dealt with properly by whichever delivery body is working with them. We can obviously discuss this with Minister Stephenson shortly, but if I did not explain that particularly well, that is exactly the role I expect him to play.

Amendment 15 withdrawn.
Schedule 1 agreed to.
Schedules 2 to 22 agreed to.
Baroness Henig Portrait The Deputy Chairman of Committees (Baroness Henig) (Lab)
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We now come to the group consisting of the question whether Schedule 23 be the 23rd schedule to the Bill. I remind noble Lords that anyone wishing to speak after the Minister should email the clerk during the debate.

Schedule 23: Party walls etc

Debate on whether Schedule 23 should be agreed.
Earl of Lytton Portrait The Earl of Lytton (CB) [V]
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My Lords, given the Minister’s earlier remarks, I am delighted to provide a vehicle for what I detect she thought might be some excitement, and I see that I have a little more than an hour to do so. With a bit of luck, it will not take that long, but here goes.

Schedule 23 to the Bill makes fundamental changes to the long-established procedures for dealing with party walls, works at the line of legal property boundary and adjacent excavations, all of which are covered by the Party Wall etc. Act 1996, which I took through this House. However, the Bill does so for HS2 phase 2a purposes only.

18:15
By way of explanation, under the Party Wall etc. Act, a building owner wanting to do certain types of work is required to serve advance notice on the adjoining owner, spelling out the intended work. Following notice and in the absence of express consent, a dispute is statutorily triggered after 14 days, at which point Section 10 of the Act provides for a dispute resolution procedure whereby either the parties agree on the appointment of a single agreed surveyor, or, more commonly, each appoints their own surveyor to negotiate the matters not agreed. These two surveyors will then identity a third surveyor who will be called on as much or as little as needed to act as an adjudicator on any points that they cannot agree. The surveyors produce an award that can be appealed, although I am glad to say that very few are. Further awards can be made subsequently as necessary.
The reasonable costs of the administration of this process are normally met by the person doing the works, who is statutorily liable for any loss or damage to the adjoining owner. This, of course, is the reasonable loss—the loss that flows from the works notified. The Act contains safeguards and default provisions and, given that this has been around in central London since the 1930s and in England and Wales since 1997, most people understand the process. As it is investigative, the surveyors use their skill and expertise in construction, building condition, property title and tenure, as well as in the functioning of the Act and the professional guidance issued by their various bodies, to resolve matters.
Schedule 23 to the Bill would change much of that for HS2 phase 2a purposes. I am indebted to party wall experts Michael Cooper and Andrew Thompson, who first alerted practitioners to the issues with phase 1 of the HS2 Bill series in an article for the Property Journal. If the Minister or any other noble Lord has not seen that article and would like to do so, I will arrange to send it through by email. They concluded that serious adverse consequences would likely ensue from the operation of the schedule. I am also indebted to Shirley Waldron, another eminent party wall specialist, for her comments which were partly based on her long experience dealing with Crossrail. I am grateful also for the comments of barrister Alex Frame.
The Bill removes the need for any notice under Sections 1, 3 or 6 of the party wall Act. It attempts to disapply the Act for HS2 purposes, but in fact it also appears to override some common law elements by permitting works thereby on neighbouring property without notice. One of the definitions of party wall—although it is not the only one—is that the line of legal boundary bisects the wall or structure in question, making it party. The purpose of notice is of course to alert a neighbour to what is about to happen and to provide details. But it also provides the trigger for a counter notice. It seems impossible that there can be a counter notice facility if no trigger notice is possible in its original form. The disapplication of Section 3 of the party wall Act, which is what Schedule 23 would do, effectively disables the notification process for an extensive list of rights set out in Section 2 of the Act, which begs the question of which of those rights remain. Those rights are important because they exceed common law rights.
The Bill refers to
“(right to repair etc party wall)”.
This formula of words is lifted from the marginal notes to the Party Wall etc. Act, but they are not part of the legislation. This might be taken to mean that Parliament intended something different from the Act, especially shorn of the further recitals of the full list of rights under Section 2(2). Seemingly, the neighbour has no say in all this.
Parts of the Party Wall etc. Act where counter notice might be applicable, as I have mentioned before, seem to be rendered inoperable, particularly where one serves a notice to reduce the height of a party wall under Section 2(2)(m). This has an allied provision in Section 11(7), for the service of a counter notice. However, you cannot serve a counter notice unless the originating notice is there, so the drafting appears defective.
Section 6 of the Party Wall etc. Act, which relates to adjacent excavation and construction, is disapplied for any purposes related to phase 2 work. This is perfectly logical for a major underground scheme in an urban area such as phase 1, or, for that matter, Crossrail, but it is much more questionable for this and later phases, for construction and above-ground work. It is not clear what the definition of “Phase 2a purposes” might be in any given instance and it does not appear to be limited to the type of works specified under the Party Wall etc. Act, though doubtless it will be interpreted liberally in HS2 Ltd’s favour. Party wall legislation, after all, is driven by certain clearly specified types of work and not their purpose.
Moreover, it is not clear whether paragraph 5 of Schedule 23, which refers specifically to “(underpinning of adjoining buildings)”, is consistent with the application to
“anything, for Phase 2a purposes”
as opposed to those defined by Section 6(1) and (2) of the Party Wall etc. Act, which are the two tests governing the degree of proximity of works to another person’s building which require notice.
Protective underpinning of neighbouring structures is at Section 6(3) of the Party Wall etc. Act, but it is disapplied in the circumstances of paragraph 6(2)(a) of Schedule 23 and it is not clear what this part of the Bill seeks to achieve. It seems to be the intention to absolve HS2 Ltd from the obligations while retaining the benefits. I am entirely unclear that it achieves this.
Paragraph 6(2) of the schedule proposes the insertion of new subsection (6B) where underpinning to HS2’s structures is involved. This appears to be an additional requirement, but it then goes on to refer to a procedure for a “consent notice”, as opposed to the normal term, “counter notice”, which inter alia may make further demands on a neighbour wanting to do works. This is misleading terminology because the consent notice can in fact be a notice of dissent.
Save for where the private neighbour needs to carry out work of underpinning to HS2 structures, the power to execute the work is reserved wholly to HS2 Ltd, but at the sole expense of the other neighbour wanting to carry out the works. HS2 Ltd can presumably dictate such terms as it likes, regardless of reasonableness, causes, need or cost of the work.
There is a complicated provision under the schedule’s paragraph 6(2)(b) in relation to new subsection (7A)(b) for notice where a dispute is deemed to have arisen. It seems curious to have a notification process regarding a dispute once the matter is already in the dispute mode. The occasion triggering the requirement of such a notice appears unstated.
The overarching adjoining owner right to be reimbursed for any loss or damage under Section 7(2) of the Party Wall etc. Act is apparently unamended, but it would appear to cut across other matters proposed in this schedule.
Section 7(5) of the Party Wall etc. Act, which is to do with the appointment of surveyors, is disapplied by Schedule 23 in so far as it relates to surveyors acting on behalf of the parties, leaving the matter of any subsequent deviations from the work—which is what that section of the Act refers to—to be settled between the parties. There is no brokerage arrangement for this other than by further arbitration.
The major change is that the resolution of disputes provision under Section 10 of the party wall Act is replaced by a provision for arbitration by a single arbitrator. Again, there is no obvious trigger giving rise to a dispute to which arbitration relates, nor any contractual agreement to refer to. The circumstances are undefined. What if HS2 encounters an unresponsive owner? There is no appointment of surveyors by the owners, nor any third surveyor. There is no process of post-appointment negotiation because no surveyors have been mandated to handle the matter in that way.
No duty applies to the process of investigative brokerage of matters in dispute which no arbitrator can perform, being bound as they are by the Arbitration Act procedures. There is no express obligation on the proposer of the works to meet reasonable or any costs flowing from the proposals, bar the general party wall Act Section 7(2) provision, or the arbitrator’s award, and what happens when one differs from the other I just do not know.
The HS2 Bill goes on to make an insertion at new Section 10(5), referring to
“the notice in respect of which the dispute arises”
suggesting that somewhere in this cat’s cradle, a formal notice of dispute procedure is intended after all, but no provisions for it seems to remain, all the other notifications having been stripped out of the Bill.
This is just a selection of the issues which the Bill raises. More broadly, the basic symmetry of process under the party wall Act would be substantially damaged for the purposes of the Bill, along with the established party wall guidance and precedents. A statutory but fluid framework, focused on consensus, would be replaced by a single-stage legalistic and inflexible one where contention is assumed. It will create rather than defuse divisions and antagonism and is very likely to involve substantial additional costs. It significantly overrides adjacent owner rights, long granted by Parliament and the common law, and even, on one interpretation, fundamental rights granted under international conventions. In other words, the proposed process reverses the very workable arrangements that have been in place for many years and seems to up the stakes unnecessarily.
The suggested engineer-led solution is flawed. Engineers are of course splendid people, but boundaries, title, land law and occupational rights, neighbour impact, specification and remediation of minor works, consequential losses, and compensatable interference with homes and the operation of businesses are not generally within their professional scope. That is why party wall matters are customarily dealt with by surveyors with the necessary training, experience and professional indemnity cover for such work. This gives the impression of an attempt to graft statutory party wall procedures on to an Engineering Council standard form of contract dispute resolution—equivalent to a “cut and shut” in the second-hand car market.
Nobody would dispute the need to govern works being done by a neighbour that would undermine or damage essential operational HS2 infrastructure. Neither would it be unreasonable to disapply Section 6 of the party wall Act for subterranean works. After all, this was done with Crossrail, and it avoids serving innumerable notices. However, if that is the intention, then this is a convoluted way under Schedule 23, and almost certainly ineffective in achieving these aims. Can the Minister reassure me that this is not some pretext for using powers in lieu of the party wall Act provisions? If that is the case, I suggest that it is an entirely improper use of the legislative process.
My assumption is that in amending the party wall Act, it was not the intention to disapply it completely. That might have been one approach, but at no time did those drafting this schedule make any contact with me, as chairman of the relevant RICS professional panel, nor apparently did they consult any other specialist party wall practitioner group, such as the Faculty of Party Wall Surveyors or the Pyramus & Thisbe Club. These are the reasons I oppose the Question that Schedule 23 stand part, and I hope the Minister will be able to put my mind at rest, although I sense that she may need to write.
A lot of professionals outside are very worried about the effect of this and think that it will create all sort of problems, with litigation to work out what it actually means. The Minister might like to tell the Committee on whose advice the drafting was concluded. In any event, I suggest that she arrange a specific meeting between the Bill team and experts, including at least one of the specialist barristers working in this field, to discuss this special point about the impact on party wall procedures. Subject to knowing exactly what the Bill seeks to achieve, we can then see if something workable can be put in place so that it does not become a litigators’ paradise. Meanwhile, I ask that the noble Lord, Lord Berkeley, who has put his name to this amendment, and I could meet the noble Baroness and her team to discuss how this should be dealt with in line with trying to achieve the timely progression of the Bill.
18:30
Lord Berkeley Portrait Lord Berkeley (Lab)
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My Lords, the Committee will be very much indebted to the noble Earl, Lord Lytton, for that very full, comprehensive and interesting introduction to the party wall legislation as it applies to HS2. I have been involved in party wall disputes, but on a domestic basis. I assure the Committee that, even at a domestic level, people get very upset about it. It is really important that fairness and transparency is identified all the way along: the result may not be everything that all parties want, but there is definitely a feeling that a fair hearing has been had, that those who caused the problem are having to pay for it and those who suffer are given reasonable but not undue benefits.

I read the article in the Property Journal and I recommend it to all noble Lords, because it is a simple introduction to what I think the Committee must believe is quite a complicated subject. My purpose in speaking now is to try to ensure that a reasonable and fair solution is found to this, because we run the risk, I am told, that if it is not sorted out, there could be some class actions around for people who live adjacent to or above bits of HS2. The example I will quote comes from phase 1, but it is not surprising, because many party wall issues will not appear until the construction is getting close to starting. The text in the legislation is the same in both Bills, so I can give an example to explain what the problem is from my point of view.

I was alerted to this legislation by an eminent engineer, Sam Price, who petitioned against the phase 1 Bill about the approach to Euston, and I helped him a bit with other things, as some noble Lords may remember. One example was a house on the west side of the approach as trains come into Euston, a road called Park Village East. There is a very high brick retaining wall which has stood there for many years, but HS2’s current scheme—I appreciate that it is one of two current schemes—was to excavate down from the footing of that wall, about 10 metres down, and create something that, in cross-section, looked a bit like a birdcage, but of course it was very much bigger than that, with lots of concrete walls, diaphragm walls, concrete structures and everything. There is a fear that this high brick wall, which basically supports the road and the Queen Anne houses behind it, probably does not have any foundations, because it has been there so long.

The owner of one of the houses discovered that HS2 was planning to support this wall, before it started the excavation, by drilling horizontal soil anchors underneath the house, from the wall towards the back of the house, over the length of about 10 houses, and they are big houses. These holes, which might have been two levels of holes at about 1 metre centres, were designed to hold the house up and stop it settling. We can have views about whether that would be suitable, but that does not really matter. My friend Sam Price asked where under the party wall Act is the obligation for the residents of those houses to be given notice that HS2 wishes to do this work. The answer is that they have not been given notice. They hear about the work on the gossip, but not much else.

We looked at this a bit more with the noble Earl, Lord Lytton, who is a real expert, as I am sure the Committee has understood. It seems that the legislation in the HS2 Act has been developed from the Crossrail legislation—of course, much of Crossrail was underground —which itself was developed from the party wall legislation that the noble Earl, Lord Lytton, mentioned. From a quick reading of some of the issues that went on with Crossrail, it appears that there was a major problem near Hanover Square with party wall legislation. I suspect that has something to do with the two or three-year delay to Crossrail and Bond Street station because that has not been resolved. I may be wrong, but I have a feeling that that is it. The problem is that this legislation on HS2 removes the obligation of an adjacent developer to serve advance notice on an owner whose property might be affected and removes the need for a joint condition survey undertaken by a professional surveyor. That is the first nub of it.

The noble Earl, Lord Lytton, commented that when it comes to being the final arbiter engineers are splendid people, but—. I speak as an engineer, and I think he is absolutely right. Engineers are very good at engineering but they are not surveyors and they are not party wall surveyors. That is an error in the Bill, because the final arbiter should be from the RICS, as in the 1996 legislation. I do not know whether the drafters consulted the RICS but I doubt it.

As it stands, this legislation is very unfair on residents. They will have no alternative but to go down the legal route. They should not be trying to stop HS2, and I do not think they will, but they deserve to be treated fairly. I am afraid I compare it to this. If we think about phase 1—just the section between Euston and Old Oak Common, although there are many other tunnel sections near Birmingham in phase 1 and further up the line—under this legislation the only remedy these people have is a class action, if they can afford it, against HS2. That will be a horrible delay. I am not trying to delay it, but I am trying to get fairness. I refer to our debates over the past few years on the postmasters scandal, which ended up as a class action. It was finally decided that the Post Office had acted illegally and £60 million was awarded against the Post Office, but the lawyers took £58 million of it so the poor old postmasters got nothing. We really do not want that.

The noble Earl, Lord Lytton, has described the problems very well. I have met some of the experts he has read and I commend them. They are really looking for a solution to this that will not delay the project but will stop people trying to go to court because they feel badly treated. I think there is a solution, but I echo noble Lords’ requests for an urgent meeting with the Minister and whoever so that we can take this forward.

Lord Snape Portrait Lord Snape (Lab)
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My Lords, my noble friend Lord Berkeley persuaded me to add my name to this amendment. Having listened to the debate so far, I do not owe him any favours. I suppose that we should congratulate the noble Earl, Lord Lytton, on his comprehensive knowledge of these matters. He mentioned the Crossrail Bill, which I served on. Fortunately, we did not get involved in the realms of the Party Wall etc. Act at the time, which is perhaps surprising. It also enabled my noble friend Lord Berkeley to return to another of the many other bees in his bonnet, which is the early part of HS1 between Old Oak Common and Euston. I do not think that that has taken the Committee any further forward as far as the debate is concerned.

I have two questions for the Minister. First, why was this particular schedule added to the Bill, bearing in mind the rural nature of the line that we are supposedly discussing, phase 2a of HS2? I repeat that no mention was made of any party wall difficulties during the passage of the Bill through the Select Committee. Perhaps the noble Earl can tell us how many properties he thinks will be affected by Schedule 23 if it is included in the Bill. However, it seems to me that we could be discussing the vagaries of the property world for some considerable time without taking forward the Bill that we should be discussing, which covers phase 2a of HS2.

Baroness Randerson Portrait Baroness Randerson (LD) [V]
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My Lords, I will not take long, but I want to say simply that when a noble Lord raises an issue of this complexity and technical detail, it deserves to be taken very seriously. While I fully realise that the issue is not really appropriate for debate in Grand Committee because it is much too technical and detailed to encompass within the form of our debates, that does not mean that it is not important. Therefore, I ask the Minister to make sure that when she has had her meeting with the noble Earl, Lord Lytton, about the issues concerned she will set out in some form the outcome of those discussions in a letter to all noble Lords who are participating in this part of the debate today.

Lord Tunnicliffe Portrait Lord Tunnicliffe (Lab) [V]
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My Lords, I can only agree with the noble Baroness, Lady Randerson, because I too would value a letter that gives some explanation. I have always been rather curious about party walls when looking at buildings, and I have often wondered how the issues are sorted out. I am absolutely delighted that the noble Earl, Lord Lytton, and no doubt his colleagues at the time, created the Party Wall etc. Act 1996. How to overcome all the conflicting desires of the parties concerned seems to be quite a difficult concept. That legislation has lasted for 24 years and, given the number of party walls you see every day as you move around cities, it must work pretty well.

Surely the essence of taking this forward to this particular application should be to maintain the philosophy of the Act by working with what it says and making the minimum number of modifications and certainly not making modifications that would change the philosophy behind the Act and the fairness that has obviously been worked into it for it to have worked so well.

18:45
It seems to me, by just a cursory examination of the Explanatory Notes, that we almost have a cultural issue here. Paragraph after paragraph of this schedule removes various requirements; it takes out ensuring that the landowner does not acquire any rights over phase 2a works under the 1996 Act, et cetera. It is almost a bludgeoning approach to the particular problems of the railway. That goes back to many of the comments made in the debates on this Bill and the almost cultural idea that HS2 seems to need powers that are bullying in nature and very one-sided. I will be interested to hear what the Minister says in response, but I would have thought that this really needs some modification, because it is, in its present form, going to end up involved in massive litigation. That would be bad news for the project, and almost certainly bad news for the private citizens involved. In my business experience, my number one objective has been to try never to go to litigation and to solve problems by agreement. The mechanisms in the 1996 Act that worked towards seeking agreement are removed by this schedule, and I cannot believe that is a good way of going forward. It could well cause delays, expense and unhappiness. I hope that the Government will look at it again.
Baroness Vere of Norbiton Portrait Baroness Vere of Norbiton (Con)
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My Lords, I knew there was a reason why I was looking forward to this one. I would be very grateful if the noble Earl, Lord Lytton, could send me the article about party walls; I am sure that all noble Lords would very much appreciate reading it.

On the Motion to remove Schedule 23, rather than address each of the noble Earl’s points in detail, as I do not feel properly qualified to do that, I shall put forward the Government’s reasons why the schedule should stand part of the Bill. We agree with him that the Party Wall etc. Act 1996 works in most circumstances. However, for major railway projects authorised by Parliament, it is appropriate to modify its provisions to streamline its processes, but also retain its protections for neighbouring owners. This was the approach taken by Parliament for the phase 1 Act and the Crossrail Act 2008, and it is the approach being taken here.

The modifications to the party walls Act in Schedule 23 have developed from those included in the Crossrail Act. The experience from the construction of Crossrail was that compliance with the party walls Act process, even as modified, raised risks to the project programme. It is therefore appropriate to alter the process for the HS2 project, as agreed to for phase 1, to avoid construction delays and associated cost implications.

The provisions in Schedule 23 are identical to those already agreed in the phase 1 Act, so this Bill ensures consistency across the HS2 project. Before I outline the proposed modifications in Schedule 23, I wish to make something clear. The regime I will outline does not apply where the underpinning works to adjoining buildings are due to HS2 excavations. Given the more intrusive nature of such works, a different regime is required. This regime is set out in Schedule 2 to the Bill and provides for the giving of notice; the right for adjoining owners to serve counter notices; for disputes to be referred to arbitration; and for payment of compensation. Similar provisions as regards the underpinning of buildings were made in the phase 1 and Crossrail Acts. I hope that goes some way to reassuring noble Lords that the protections for adjoining owners, where major excavation works are needed, are comprehensive.

I shall now continue briefly to summarise the effect of the proposed modifications in Schedule 23, and their purposes. First, the nominated undertaker, HS2 Ltd, would not have to serve notices under the party walls Act to carry out works to which the Act relates. Therefore, the adjoining owner does not have the opportunity to serve a counter notice. This simplifies the process and time taken for agreeing the works. However, the works would still have to be carried out in accordance with the plans and sections agreed with the adjoining owner, as is the process under the current party walls Act. If they are not agreed, the matter would be referred to a single arbitrator for determination, which I will refer to later.

Secondly, a neighbouring owner carrying out works under the party walls Act would not have an automatic right to place footings or foundations on HS2 land or to carry out works required to safeguard HS2 buildings and structures. The nominated undertaker could elect to carry out any such agreed safeguarding works instead of the neighbouring owner at the neighbouring owner’s expense. These modifications are necessary to protect the railway.

Thirdly, any disputes would be determined by a single arbitrator appointed in default of agreement by the president, at the time, of the Institution of Civil Engineers. This would replace the more cumbersome disputes determination process provided by the party walls Act. The purpose of this modification is to provide a speedier and simpler process for dispute resolution. It would ensure that, in a case involving complex railway works, the dispute was determined by a civil engineer with relevant skills, while leaving flexibility for a surveyor to be appointed where that was appropriate. In other respects, the provisions relating to the dispute process, including costs and appeals to the county court, would be the same as under the party walls Act.

The modifications would still provide safeguards for the adjoining owner including the right to compensation and for expenses to be paid in accordance with the party walls Act; the requirement to be given at least 14 days’ notice of the nominated undertaker’s entry on to land to carry out works, except in the case of emergency; that works are to be executed in accordance with such plans, sections and particulars as may be agreed between the nominated undertaker and the neighbouring owner or, in the event of a dispute, are settled by arbitration; and for disputes to be determined by a single arbitrator under the dispute resolution provided by Schedule 23.

These safeguards protect adjoining owners appropriately. To be clear, under the provisions of the Party Wall etc. Act 1996, which still apply, any works required to a party wall would be undertaken at the project’s expense, and compensation would be payable for any damage to the adjoining owner’s property caused by the works to the wall. These safeguards also go alongside the other protections for adjoining owners inside and outside of the Bill. The environmental minimum requirements, through the code of construction practice, provide for the necessary protections to manage and control any potential impacts on people, businesses and the natural and historic environment that may arise from the construction of the works authorised by the Bill.

Finally, we come to the point raised with great insight by the noble Lord, Lord Snape. Are there any party walls on the phase 2a route? The route is rural in nature. It is therefore not expected that many, if any, disputes requiring arbitration under the modified procedure will occur due to the works authorised by this Bill. Where necessary, the modified process would provide a safe and speedy resolution for both the project and the adjoining owner, if indeed there are any party walls on the route.

I shall write in response to the issues raised by the noble Earl, Lord Lytton. I would be grateful if the noble Earl could give some consideration to, and perhaps clarify, exactly what he would wish to change and why. It is very difficult to deal with a long list of, “I don’t like this, I don’t like that”, rather than understanding, given where we are in the process, what would make the difference to this Bill if it were to be changed.

Following all that, I hope that the noble Earl will feel able to withdraw his objection to the schedule being agreed.

Baroness Henig Portrait The Deputy Chairman of Committees (Baroness Henig) (Lab)
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There are no questions to the Minister, so perhaps the noble Earl, Lord Lytton, might want to comment briefly on what has been said.

Earl of Lytton Portrait The Earl of Lytton (CB) [V]
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I am grateful to all noble Lords who have spoken in this debate. Perhaps I may deal with a few points raised by the noble Lord, Lord Berkeley. My understanding, having spoken to Shirley Waldron—who I mentioned earlier, and who was closely involved in Crossrail matters—is that Crossrail disapplied only Section 6 of the Party Wall etc. Act 1996; it did not disapply Sections 1 or 3, as the Bill seeks to do. She also told me in a phone conversation that the party wall matters had been completed so long ago that they could not possibly have been responsible for the current delays that have recently come to light. However, that might be only her view. I can confirm on good authority, because I checked today, that no one consulted the Royal Institution of Chartered Surveyors regarding the drafting of this Bill or, for that matter, the phase 1 Bill.

The noble Lord, Lord Snape, raised an interesting point about how many properties might be affected. It is difficult to know because the party wall Act provisions apply not only to party walls but to adjacent excavation and construction near to adjoining owners’ properties. Even with phase 1, in many instances the detailed design has not yet got to the point where an accurate quantification of all those affected in a densely urban area can be calculated. So I have to say that I just do not know. The noble Baroness, Lady Randerson, asked the Minister to report to the Committee. I am sure that there will be more to come out of this, and that point is noted.

The noble Lord, Lord Tunnicliffe, gave due praise to the operation of the party wall Act—of which I was not the architect; I was simply what is known in the trade as the parliamentary midwife of a private Bill. However, the provisions have been in existence in the metropolitan area of central London since the 1930s, and the principles of party walls have been with us since the year after the Great Fire. So in enacting legislation in 1996 that was going to apply to the whole of England and Wales, one was drawing on a cadre of very experienced specialists in central London. That experience has been rolled out across the country. It is a philosophical issue and a situation where all the provisions of the party wall Act hang together as a whole. The notification, the counternotification and all that follows, up to the conclusion of the dispute resolution procedure—the way in which it is appealed and the safeguards—are of a piece. They all interrelate. It is quite difficult to unpick bits of the Act without doing some serious mischief to the rest, and I think that that is what this Bill threatens to do.

19:00
Turning to the Minister’s comments, I shall certainly send the article out and copy in all noble Lords who spoke in this part of the debate. She referred to the fact that major railway projects authorised by Parliament needed the modification of the Act. I admitted in my initial comments that, certainly in connection with Section 6 of the Party Wall etc. Act, that was done in connection with Crossrail. I do not believe that it went any further than that, and I also believe the fact that the notification provisions in Sections 1 and 2 were still extant and available to Crossrail enabled it to deal with a number of matters that otherwise would have been much more difficult to conclude.
I note what the Minister said about the provisions in other parts of the Bill. Like her, I will have to go away and consider carefully what she actually said, but I think the operation of the Party Wall etc. Act has been misunderstood to some extent, and wide disapplication of Section 3 unravels things that disapplication of Section 6 alone would not. On the question of what would be changed and why, I think the substitution of a heavyweight arbitration process in lieu of what has actually been a very slick and relatively low-cost operation, understood by a large number of people, in terms of the operation of Section 10, is something you dump at your peril.
I think the reason we have not had much blowback, if I can call it that, from phase 1 is because we have not got to that level of detail of design to even get to the point where, if the Party Wall etc. Act had applied, a notice would have been served, because there is still a lot of design work being done. I welcome the opportunity to talk further with the Minister and the Bill team about this. I will endeavour to provide the answers that she seeks, but for the time being I withdraw my objection to the schedule being agreed.
Schedule 23 agreed.
Schedules 24 to 32 agreed.
Bill reported without amendment.
Baroness Henig Portrait The Deputy Chairman of Committees (Baroness Henig) (Lab)
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That concludes the Committee’s proceedings on the Bill. I remind Members to sanitise their desk and chair before leaving the Room.

Committee adjourned at 7.02 pm.

Royal Assent

Royal Assent & Royal Assent (Hansard) & Royal Assent: Royal Assent (Hansard)
Thursday 11th February 2021

(3 years, 2 months ago)

Lords Chamber
Read Full debate Read Hansard Text Amendment Paper: HL Bill 152-I Marshalled list for Consideration of Commons amendments - (15 Jan 2021)
12:17
The following Acts were given Royal Assent:
Pension Schemes Act 2021,
High Speed Rail (West Midlands-Crewe) Act 2021,
Medicines and Medical Devices Act 2021.