High Speed Rail (London–West Midlands) Bill

Lord Ahmad of Wimbledon Excerpts

Thursday 5th May 2016 Lords Chamber

Moved by

[Lord Ahmad of Wimbledon]

That the following provisions shall apply in respect of the High Speed Rail (London–West Midlands) Bill:

(1) If a Bill in the same terms as those in which the High Speed Rail (London–West Midlands) Bill stood when it was brought to this House in this Session is brought to this House from the House of Commons in the next Session-

(a) the proceedings on the Bill in the next Session shall be pro forma in regard to every stage through which the Bill has passed in this Session;

(b) the Bill shall stand committed in the next Session to the select committee to which the Bill stood committed in this Session;

(c) the Standing Orders of the House applicable to the Bill, so far as complied with or dispensed with in Session 2013–14, Session 2014–15 or this Session, shall be deemed to have been complied with or (as the case may be) dispensed with in the next Session; and

(d) if there is outstanding any petition deposited against the Bill in accordance with an order of the House-

(i) any such petition shall be taken to be deposited against the Bill in the next Session and shall stand referred to the select committee to which the Bill stands committed in that Session; and

(ii) any minutes of evidence taken before the select committee on the Bill in this Session shall stand referred to the select committee on the Bill in the next Session.

(2) The Order of the House of 30 July 2013 relating to electronic deposit of documents shall apply in respect of a High Speed Rail (London–West Midlands) Bill introduced into the House of Commons in the next Session and subsequently brought up from that House as to a High Speed Rail (London–West Midlands) Bill introduced into the House of Commons in Session 2013–14.

Motion agreed.

Railways: Open Access Applications

Lord Ahmad of Wimbledon Excerpts

Wednesday 4th May 2016 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, the Office of Rail and Road has to take account of passenger interests and the public purse, including the impact on subsequent franchise competitions.

[Lord Bradshaw (LD)]

I thank the Minister for that reply, but he will be aware that two franchises have failed on the east coast main line, at great expense, and a third is now in operation by Virgin Trains, which won the competitive tender. However, the duties of the ORR, stated in statute, are to promote competition. There are no parentheses in the law stating that it has to take account of the effect on the public purse, the benefits that arise to passengers, and the vitiating of the franchising process itself. I wonder whether the Minister will comment at more length on those things.

[Lord Ahmad of Wimbledon]

I agree with the noble Lord; he is quite right to raise the issues that have arisen. Equally, on the issue of open access, I share his concerns and that is why my right honourable friend the Secretary of State has written directly to the ORR to underline that any changes and reforms put the customer at their heart and, indeed, that we ensure equity of access and, most importantly, taxpayer return on the investment made.

[Lord Berkeley (Lab)]

Will the noble Lord explain the Government’s policy on competition in the passenger sector? The operators of the open access services pay a much-reduced track access charge compared with the franchises. How can that be fair on either the travelling public or the operators?

[Lord Ahmad of Wimbledon]

I agree with the noble Lord, because open access has raised this very valid issue of the inequity of application of track fees and the associated costs. Notwithstanding the reports that have been done by, for example, the CMA, which highlighted the importance of competition, the Government’s position remains that we of course support competition but need to ensure equality of access, both for those operating the franchise and for those who come in through open access.

[Lord Rosser (Lab)]

This Question refers to taking into account the interests of passengers and the Office of Rail and Road. At the end of last year, the consumer group Which? lodged a “super complaint” to the Office of Rail and Road, calling for major improvements to make it easier for passengers to claim refunds for delays and cancellations. The Office of Rail and Road called for an improvement in passenger compensation arrangements by this October, under the provisions of the Consumer Rights Act 2015. However, this has now been delayed by the Government via a statutory instrument until October 2017. Can the Minister explain how delaying improved passenger compensation arrangements is an example of taking into account the interests of passengers?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

On the whole issue of franchises, as I have already indicated, my right honourable friend the Secretary of State has written to the ORR on ensuring that customer benefits are put at the heart of this. Another issue that we are looking at is how fares are allocated to different operators across the network through ORCATS. The issue about ensuring equity of fares and sensible fares across the network is well made. I have not seen the specific Which? report; I will certainly read it through and, if there is any issue that I need to pick up on, I will write to the noble Lord.

[Lord Spicer (Con)]

My Lords, why do we not hear more about the success of privatisation of the railways? We were talking 10 years ago about the closure of lines and now we do not know how fast to expand them—certainly on the Cotswold line.

[Lord Ahmad of Wimbledon]

I think we do talk—certainly, the Government are talking—about the success of the railways in terms of where we are now and their future operation. That is why the Government have committed to £38 billion of investment in the rail network, which is the greatest investment since the Victorian age.

[Baroness Randerson (LD)]

My Lords, under the terms of the east coast franchise, Virgin has agreed to reinstate services to Lincoln. Does the Minister agree that Virgin will be unable to do that if the proposed new open access services are granted and agreed, because they will fill all the spare capacity—all the spare slots available—that Virgin intends to use for the Lincoln services?

[Lord Ahmad of Wimbledon]

The noble Baroness is quite right to raise open access. That is why my right honourable friend the Secretary of State has written to the ORR to say that we wish to see the recommended changes to the current open access charging structure before the granting of any new open access agreements.

[Lord Cormack (Con)]

Further to that point, will my noble friend assure us that these much-needed extra services to Lincoln are not going to be cancelled or withdrawn?

[Lord Ahmad of Wimbledon]

When I saw “Lincoln” in my briefing, I assumed that my noble friend would raise this issue. I assure him that under current plans for Lincoln there will be an additional six trains from and five trains to London from May 2019, and upgraded train interiors are being introduced between 2015 and 2017. I reiterate that any open access agreements will be reflective of the changes that my right honourable friend the Secretary of State deems necessary in the charging arrangements.

[Lord Harris of Haringey (Lab)]

The Minister agreed with the noble Lord, Lord Spicer, about the benefits of privatisation. In that case, can he answer the question from my noble friend Lord Rosser about why the Government are conniving with the train operating companies to delay a proper arrangement for the compensation of passengers as a result of delays?

[Lord Ahmad of Wimbledon]

I could not disagree more. On the contrary, we are not conniving. Through privatisation, we have ensured greater accountability of the train operators and will continue down that route. The noble Lord, Lord Rosser, referred to a particular report by Which? and I have already said that I will write to him in that respect.

Hillsborough

Lord Ahmad of Wimbledon Excerpts

Wednesday 27th April 2016 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, with the leave of the House I shall now repeat a Statement delivered in the other place by my right honourable friend the Home Secretary.

“With permission, Mr Speaker, I would like to make a Statement on the Hillsborough stadium disaster, the determinations and findings of the fresh inquests presided over by Sir John Goldring, and the steps that will now take place.

Twenty-seven years ago the terrible events of Saturday 15 April 1989 shocked this country and devastated a community. That afternoon, as thousands of fans were preparing to watch the FA Cup semi-final between Liverpool and Nottingham Forest, a crush developed in the central pens of the Leppings Lane terrace. Ninety-six men, women and children lost their lives as a result. Hundreds more were injured, and many more were left traumatised. It was this country’s worst disaster at a sporting event.

For the families and survivors, the search to get to the truth of what happened on that day has been long and arduous. They observed the judicial inquiry led by Lord Justice Taylor. They gave evidence to the original inquests, which recorded a verdict of accidental death. They have seen further scrutiny, reviews and a private prosecution. They suffered the injustice of hearing the victims—their loved ones and fellow supporters—being blamed. They have heard the shocking conclusions of the Hillsborough Independent Panel and they have now, once again, given evidence to the fresh inquests presided over by Sir John Goldring.

I have met members of the Hillsborough families on a number of occasions and, in their search for truth and justice, I have never failed to be struck by their extraordinary dignity and determination. I do not think it is possible for any of us to truly understand what they have been through. Not only in losing their loved ones in such horrific circumstances that day, but to hear finding after finding over 27 years telling them something that they believed to be fundamentally untrue. They have quite simply never given up.

I would also like to take this opportunity to pay tribute to the right honourable Member for Leigh, who has campaigned so tirelessly over the years on their behalf, and also the honourable Members for Liverpool Walton, for Garston and Halewood, for Halton, for Liverpool Riverside and for Wirral South.

Yesterday, the fresh inquest into the deaths at Hillsborough gave its determinations and findings. Its establishment followed the report of the Hillsborough Independent Panel, chaired by the right reverend Bishop James Jones. The contents of that report were so significant that it led to the new inquests and two major new criminal investigations: one by the Independent Police Complaints Commission examining the actions of the police in the aftermath of Hillsborough, and a second criminal investigation—Operation Resolve—led by Jon Stoddart, the former chief constable of Durham.

Since the fresh inquests opened in Warrington on 31 March 2014, the jury has heard 296 days of evidence. It ran for more than two years and was the longest running inquest in British legal history. I am sure the whole House will want to join me in thanking the jury for the important task it has undertaken and the significant civic duty the jurors have performed.

I will turn now to the jury’s determinations and findings. In its deliberations, the jury was asked to answer 14 general questions covering the role of South Yorkshire Police, the South Yorkshire Metropolitan Ambulance Service, Sheffield Wednesday Football Club and Hillsborough stadium’s engineers, Eastwood and Partners. In addition, the jury was also required to answer two questions specific to each of the individuals deceased relating to the time and medical cause of their death.

I would like to put on record the jury’s determinations in full. They are as follows:

Question 1: do you agree with the following statement which is intended to summarise the basic facts of the disaster?

‘Ninety-six people died as a result of the disaster at Hillsborough stadium on 15 April 1989 due to crushing in the central pens of the Leppings Lane terrace, following the admission of a large number of supporters to the stadium through exit gates.’

Yes.

Question 2: was there any error or omission in police planning and preparation for the semi-final match on 15 April 1989 which caused or contributed to the dangerous situation that developed on the day of the match?

Yes.

Question 3: was there any error or omission in policing on the day of the match which caused or contributed to a dangerous situation developing at the Leppings Lane turnstiles?

Yes.

Question 4: was there any error or omission by commanding officers which caused or contributed to the crush on the terrace?

Yes.

Question 5: when the order was given to open the exit gates at the Leppings Lane end of the stadium, was there any error or omission by the commanding officers in the control box which caused or contributed to the crush on the terrace?

Yes.

Question 6: are you satisfied, so that you are sure, that those who died in the disaster were unlawfully killed?

Yes.

Question 7: was there any behaviour on the part of football supporters which caused or contributed to the dangerous situation at the Leppings Lane turnstiles?

No.

Further to Question 7: was there any behaviour on the part of football supporters which may have caused or contributed to the dangerous situation at the Leppings Lane turnstiles?

No.

Question 8: were there any features of the design, construction and layout of the stadium which you consider were dangerous or defective and which caused or contributed to the disaster?

Yes.

Question 9: was there any error or omission in the safety certification and oversight of Hillsborough stadium that caused or contributed to the disaster?

Yes.

Question 10: was there any error or omission by Sheffield Wednesday FC (and its staff) in the management of the Stadium and/or preparation for the semi-final match on 15 April 1989 which caused or contributed to the dangerous situation that developed on the day of the match?

Yes.

Question 11: was there any error or omission by Sheffield Wednesday FC (and its staff) on 15 April 1989 which caused or contributed to the dangerous situation that developed at the Leppings Lane turnstiles and in the west terrace?

No.

Further to Question 11: was there any error or omission by Sheffield Wednesday FC, (and its staff), on 15 April 1989 which may have caused or contributed to the dangerous situation that developed at the Leppings Lane turnstiles and in the west terrace?

Yes.

Question 12: should Eastwood and Partners have done more to detect and advise on any unsafe or unsatisfactory features of Hillsborough stadium which caused or contributed to the disaster?

Yes.

Question 13: after the crush in the west terrace had begun to develop, was there any error or omission by the police which caused or contributed to the loss of lives in the disaster?

Yes.

Question 14: after the crush in the west terrace had begun to develop, was there any error or omission by the ambulance service, SYMAS, which caused or contributed to the loss of lives in the disaster?

Yes.

Finally, the jury also recorded the cause and time of death for each of the 96 men, women and children who died at Hillsborough. In all but one case the jury have recorded a time bracket running beyond the 3.15 pm cut-off point adopted by the coroner at the original inquests.

These determinations were published yesterday by the coroner, and I would urge the reading of each and every part in order to fully understand the outcome of the inquests.

The jury also heard evidence about the valiant efforts made by many of the fans to rescue those caught up in the crush. Their public-spiritedness is to be commended, and I am sure that the House will want to take this opportunity to recognise what they did in those terrible circumstances.

Clearly, the jury’s determination that those who died were unlawfully killed is of great public importance. It overturns in the starkest way possible the verdict of accidental death returned at the original inquests. However, the jury’s findings do not, of course, amount to a finding of criminal liability, and no one should impute criminal liability to anyone while the ongoing investigations are still pending.

Elsewhere the jury noted that the commanding officers should have ordered the closure of the central tunnel before the opening of gate C was requested, as pens 3 and 4 were full. They should have established the number of fans still to enter the stadium after 2.30 pm. And they failed to recognise that pens 3 and 4 were at capacity before gate C was opened.

While the inquests have concluded, this is not the end of the process. The decision about whether any criminal prosecution or prosecutions can be brought forward will be made by the Crown Prosecution Service on the basis of evidence gathered as part of the two ongoing investigations. That decision is not constrained in any way by the jury’s conclusions.

The House will understand that I cannot comment in detail on matters that may lead to a criminal prosecution. I can however say that the offences under investigation include gross negligence manslaughter, misconduct in public office, perverting the course of justice and perjury, as well as offences under the Safety of Sports Grounds Act 1975 and the Health and Safety at Work etc. Act 1974.

I know that those responsible for the police and IPCC investigations anticipate that they will conclude the criminal investigations by the turn of the year. We must allow them to complete their work in a timely and thorough manner, and we must be mindful not to prejudice their outcome in any way.

I have always been clear that the Government will support the families in their quest for justice. So throughout the ongoing investigations we will ensure that support remains in place in three ways.

First, the family forums, which have provided the families with a regular and structured means of engaging with the investigative teams and the CPS, will continue. They will remain under Bishop James’s chairmanship, in a similar format, but will reflect the fact that they will be operating after the inquests. The Crown Prosecution Service, the IPCC and Operation Resolve will remain part of the forums.

Secondly, now that the inquests have concluded it is the intention to reconstitute the Hillsborough Article 2 Reference Group, whose work has been in abeyance during the course of the inquests, under revised terms of reference. The group has two members: Sir Stephen Sedley, a retired Lord Justice of Appeal, and Dr Silvia Casale, an independent criminologist.

Thirdly, we want to ensure that the legal representation scheme for the bereaved families continues. This was put in place, with funding from the Government, following the original inquests’ verdicts being quashed. Discussions are currently taking place with the families’ legal representatives to see how best the scheme can be continued.

In addition, I am keen that we capture and learn from the families’ experiences. I have therefore asked Bishop James, who is my adviser on Hillsborough, to write a report that draws on these experiences. This report will be published in due course, to ensure that the full perspective of those affected by the Hillsborough disaster is not lost.

I would also like to express my thanks to Bishop James again for his invaluable advice over the years. There is further work to be done, so I have asked Bishop James to remain as my adviser and I am pleased to say that he has agreed to do so.

The conclusion of the inquests brings to an end an important step since the publication of the Hillsborough Independent Panel’s report. Thanks to that report and now the determinations of the inquests, we know the truth of what happened on that day at Hillsborough. Naturally, the families will want to reflect on yesterday’s historic outcome, which is of national significance. I am also clear that this raises significant issues for the way that the state and its agencies deal with disasters. Once the formal investigations are concluded, we should step back, reflect and act, if necessary, so that we can better respond to disasters and ensure that the suffering of families is taken into account.

I want to end by saying this. For 27 years, the families and survivors of Hillsborough have fought for justice. They have faced hostility, opposition and obfuscation, and the authorities that should have been trusted have laid blame and tried to protect themselves instead of acting in the public interest. But the families have never faltered in their pursuit of the truth. Thanks to their actions, they have brought about a proper reinvestigation and a thorough re-evaluation of what happened at Hillsborough. That they have done so is extraordinary. I am sure that the whole House will want to join me in paying tribute to their courage, determination and resolve. We should also remember those who have sadly passed away while still waiting for justice.

No one should have to endure what the families and survivors have been through. No one should have to suffer the loss of their loved ones through such appalling circumstances, and no one should have to fight year after year, decade after decade, in search of the truth. I hope that for the families and survivors who have been through such difficult times, yesterday’s determinations will bring them closer to the peace they have been so long denied. I commend the Statement to the House”.

--- Later in debate ---

[Lord Storey (LD)]

My Lords, I thank the Minister for the thorough and important Statement. When you meet the Hillsborough families, you are immediately in an emotional bond with ordinary, loving and decent people—remarkable and loving people—who, over 27 years, with great dignity and heads held high, have taken on the establishment to get to the truth. Much is owed to those who researched the evidence; to the indefatigable supporters’ groups led by families; to the independent panel chaired by the then Bishop of Liverpool; to those who finally listened and agreed to a second inquest; to the jurors who spent years examining the evidence, and to all those involved in legal support for the family, including the noble and learned Lord, Lord Falconer of Thoroton.

On this day of all days the front page of the Sun speaks volumes for the real levels of remorse shown by that newspaper. There will be no complete justice until those responsible for the events at Hillsborough—for the monstrous cover-up, the lies and the years of organised deceit—are properly called to account. Thanks to many people, the families of the 96 dead and nearly 700 injured have never walked alone. What plans do the Government have for arrangements for access to justice to ensure that ordinary people always have full opportunity to get their complaints heard in the face of inaction or opposition from the authorities? In my city we say, “At the end of the storm there’s a golden sky”. My thoughts and prayers are with the families and survivors today.

[Lord Ahmad of Wimbledon]

My Lords, I thank both noble Lords for their contributions. In doing so, I acknowledge the noble and learned Lord’s own contribution. I know he has worked with the families and I pay tribute to his work in this respect. The noble Lord, Lord Storey, said that he is of Liverpool, as are many in this House, and I declare an interest as a lifelong Liverpool fan. I remember the tragic events of Hillsborough very well. The verdict yesterday was a very notable moment for the whole city and particularly for the families.

Turning to the specific questions raised by the noble and learned Lord, Lord Falconer, about subsequent criminal proceedings and the timeline, he will know better than many that there is obviously due process to be followed. It is right now that we look towards the CPS and the two ongoing investigations and he and many others will know from their own experience that the CPS has been working very closely with both those inquiries so one would hope, with the evidence that has already been shared and assessed, that they will move forward. In terms of those two particular inquiries, we are certainly looking towards the end of the year.

The noble and learned Lord suggested an amendment to the Policing and Crime Bill relating to police officers who may choose to retire, or indeed resign, to absolve themselves of responsibility for such tragic events. It was certainly the Government’s intention to bring forward such an amendment, and that is why the Home Secretary and my right honourable friend the Minister for Policing inserted a clause in the Bill that reflected the 12-month retirement period. I am informed that, following representations by the shadow Home Secretary, the right honourable Member for Leigh, the Home Secretary has agreed to meet him and the shadow Minister for Policing to see how we can best take forward that provision in the Bill.

Turning to South Yorkshire Police and the statements that have been made, one would have hoped that the force would have accepted without any reservation the findings of the inquest. At this juncture, I just say that what we have seen coming out from South Yorkshire Police is both of concern and regrettable. It is important to ensure that anyone who serves in any area of public life, but particularly in the important role of policing, takes responsibility and has the confidence of the public, which has clearly been lacking in this instance.

The noble and learned Lord also talked about the media, the police and Leveson part 2. As he will know, and as I am sure many noble Lords will be aware, criminal proceedings connected to the subject matter of the Leveson inquiry, including the appeals process, have not yet been completed. The Government have been clear that these cases must conclude before we consider part 2 of the inquiry.

I turn to the very valid issue of access to justice and legal representation. I pay tribute to all those who were involved in the inquest—in particular, the jury. As I am sure noble Lords know, they sat for 296 days over two years, and that shows their resilience. I pay tribute to them and am sure all noble Lords across the House join me in doing so. The inquest underlined the importance of having not just access to justice and legal representation but access to quality legal representation. Therefore, I am delighted that the Bishop of Liverpool has agreed to stay on as an adviser to the Home Office, and to the Home Secretary directly, on this issue to ensure that all the lessons learned from this tragedy are encapsulated. I am sure that they will be presented in his report and in his direct advice to the Home Secretary. We hope that through that process the issues that have arisen, including access to quality legal support, will be addressed—a point raised by the noble Lord, Lord Storey.

[Lord Taylor of Holbeach (Con)]

My Lords, this is a solemn occasion for the House and I hope noble Lords will be brief and courteous to each other as we go round the House in our customary fashion. Perhaps we might start with the noble Lord, Lord Blunkett.

[Lord Blunkett (Lab)]

My Lords, I crave noble Lords’ indulgence for a moment while I say where I come from. I was a new Member of Parliament covering the area around the Hillsborough stadium in 1989 and I am now married to a doctor who was a volunteer in the hospital in Sheffield on that evening. I myself visited some of those who were injured that weekend.

I commend the Statement and I commend the families and those working with them for seeking and gaining the truth and looking for justice. I hope very much that the work of Bishop James Jones will be able to incorporate the proposals of my noble friend Lord Wills, which were debated three months ago in this House and to which I contributed. I hope that the Minister agrees that they would contribute towards meeting the challenge of ensuring that families in circumstances such as these do not have to go through what those families have gone through over the last 27 years.

I have a question for the Minister. In dealing with the immediate future, it will surely be crucial that the people of South Yorkshire, many of whom played a signal part on that day by taking people into their homes, letting them use their landlines and, in many cases, running people back to Merseyside, do not now pay the penalty of costs arising from further investigation and work on top of the costs that have been incurred. Nor should members of the force, most of whom are dedicated, committed officers, find themselves in a situation where they cannot carry out their duties properly. Would it not be a fitting tribute if we were able to move forward with sensitivity and rationality in ensuring that the people of Merseyside receive the justice and truth that they have sought, and that the people of South Yorkshire do not find themselves penalised, financially or in terms of policing, because of what happened 27 years ago?

[Lord Ahmad of Wimbledon]

My Lords, first, I agree with the noble Lord about the ordinary people on that tragic day who did indeed open their doors. In other tributes that have been paid, it has been widely acknowledged, even by those who were themselves suffering the tragedy, that the people around the stadium of Hillsborough—the ordinary people of Sheffield—showed the warmth and hospitality that really defines our nation, opening their doors to strangers at a time of acute need. That was reflected by many.

On the issue of police officers specifically, as we witnessed on our television screens, and as those in the stadium witnessed, there were individual police officers who tried to act in the best interests of the fans who were clearly suffering in this tragedy. It is important that we now see that the people of Liverpool—particularly the families of the 96 tragic victims—have suffered far too long. Twenty-seven years to wait for justice and truth in a country such as ours is plainly and simply unacceptable. Therefore, I am sure that I express the sentiments of all—and it is resonating—when I say that we look forward to the conclusion of the two ongoing inquiries and the inquiry that the CPS will launch to ensure that we get the justice that the 96 tragic victims need.

[Lord Dear (CB)]

My Lords, my question concerns Lord Justice Peter Taylor, whom noble Lords may remember was later appointed Lord Chief Justice of England and Wales and who sadly died in office in 1992 or 1993. It was Peter Taylor who conducted the first inquiry into the Hillsborough disaster. He published his report only three and a half months after the disaster had taken place. Although he laid blame in a number of directions, he was quite clear in the main thrust of his report that he wanted to focus on three issues: first, that the fans were absolutely blameless; secondly, that South Yorkshire Police had largely caused the disaster by their lack of control of the crowds at the Leppings Lane end; and thirdly, in fulsome manner, he criticised South Yorkshire Police for the then emerging criticism from South Yorkshire, who were trying, as he put it, to shift the blame from themselves on to the fans. His clear findings were largely submerged by the growing flow of lies, half-truths and misinformation that occurred before, during and after the first inquest. Bearing in mind that what he said and what he found was entirely mirrored and repeated by the inquiries carried out by the Lord Bishop of Liverpool and by Lord Justice Goldring in the current and shortly to be concluded inquest, will the Minister do everything possible on every appropriate occasion to reflect on the fact that it was Lord Justice Taylor who got to the truth first, even though that truth was later obscured? He was the man who spoke the truth and gave the signpost. In making this statement, I remind the House that it was I who led his inquiry and produced to him the evidence on which he based his findings.

[Lord Ahmad of Wimbledon]

As I have said, we acknowledge all those who have made a contribution to ensure that truth and justice prevail for the tragic victims of the Hillsborough disaster.

[Viscount Hailsham (Con)]

My Lords, the moral culpability of those who participated in the cover-up is particularly grave. Will the Minister do all he can to encourage the prosecution authorities to come to an early conclusion as to whether criminal proceedings should follow?

[Lord Ahmad of Wimbledon]

As I have said, we all agree that it is important that we reach an early decision, but it is also important that the CPS carries out whatever investigations it needs to and that the two ongoing inquiries reach a full conclusion. I reiterate that the two ongoing inquiries will report back at the end of this year.

[Lord Wills (Lab)]

My Lords, as a Minister involved in setting up the Hillsborough Independent Panel, I add my thanks to the Government and congratulate them on the way they have followed through the setting up of that panel and its aftermath and on the outstanding work done by that panel, which led to the verdicts yesterday. However, most of all, like other speakers, I once again briefly pay tribute to the courage, dignity and persistence of the bereaved families and their campaign for justice. Their extraordinary work has ensured that their loved ones who died at Hillsborough will never be forgotten, and they have honoured their memory.

However, now that the jury has reached its conclusions, the wider public policy lessons must be learned; I very much welcome what the Minister said about that today. In particular, however, I pick up on the point made by my noble friend Lord Blunkett and ask whether the Government will now agree to adopt at least the principles and the guts of my Private Member’s Bill, which seeks to provide all similarly bereaved families in future with a right to the support and transparency which, finally, the Hillsborough families have received. There must be no complacency about what has happened. It is time to ensure that no other similarly bereaved families in the future have to suffer and endure what the Hillsborough families suffered and endured for 27 years.

[Lord Ahmad of Wimbledon]

I pay tribute to the noble Lord’s efforts in this respect. With regard to his Private Member’s Bill, I will be delighted to meet with him and I suggest that we also include the Bishop of Liverpool in that to see how best we can move this forward.

[Lord Alton of Liverpool (CB)]

My Lords, during the 27 years that have elapsed since the Hillsborough disaster, the double spectre of loss and injustice has hung over the people of Liverpool. Among the 96 who died were former constituents of mine, including a child. Those deaths of loved ones were compounded by the denial of criminal negligence, callous indifference, the subversion of our justice system, collective character assassination and demonisation. If the Minister has had a chance to read the material I sent him this morning, including the letter I sent before the game was played at Hillsborough which questioned the safety of the ground, he will realise that there are still many unanswered questions. I would be grateful if he told us more about the timetabling of the continuing inquiry, which is being held with great diligence and meticulousness at Warrington; I have had a chance to visit it and talk to the people about the way they are going about their work. Will he also answer the question which the noble Viscount, Lord Hailsham, put to him a few moment ago about the further judicial proceedings that will be necessary and the timetabling for decisions? We certainly cannot wait another three decades.

[Lord Ahmad of Wimbledon]

To take the noble Lord’s last question first, it would certainly be inappropriate for me to straitjacket the CPS in any respect, but the CPS, the two ongoing inquiries and everyone involved in them are fully aware of the sensitive nature of this issue. As we said, there is a responsibility on all involved in these inquiries to make sure that we reach a decision which ensures that justice prevails as soon as is possible and practicable, but it is very much for the CPS to lead on this. I confess that I have not had time to reflect on the detail of the information the noble Lord sent to me this morning, but I certainly will, and look forward to discussing it with him.

[The Lord Bishop of Leeds]

My Lords, I declare an interest because I come from Liverpool and most of my family still live there. My grandmother lived on Anfield Road at the time of the tragedy—no one in Liverpool was so remote that they did not know someone who was affected by it. People who have not been recognised in the comments so far are those such as Steven Gerrard and Rafa Benitez, who gave huge amounts of money to support families and did so without expectation of gratitude or publicity. A lot of individuals, like them, showed enormous generosity at a time when the cause was not popular. Can the Minister assure us that the independent panel sets a model for how such investigations ought to be continued in the future in similar circumstances, with objective scrutiny of documentation? Also, does he think that current levels of press regulation under IPSO—before we get to Leveson stage 2—would be in any way stronger in preventing the sort of press abuse that continued until only three years ago?

[Lord Ahmad of Wimbledon]

I thank the right reverend Prelate for those questions. We have learned lessons from every element of the inquiry, and from the panel in particular. We will take forward all the issues, particularly good governance. We have set up an ongoing relationship with the former Bishop of Liverpool. On the issue of press regulation, as I have said already, we are waiting until the Government can look at the second part of the Leveson report to ensure that a comprehensive response can be given. On press regulation and review, we live in a very different world now from that of 27 years ago—indeed, of 10 years ago—and the press, along with everyone else, need to reflect on their responsibilities, particularly when reporting such tragedies as Hillsborough.

[Lord Wood of Anfield (Lab)]

My Lords, the Minister said earlier that we would have to wait until criminal cases had finished before we—to use his phrase—“consider” phase 2 of Leveson. However, I remind him of what the Prime Minister said after phase 1 of Leveson in November 2012:

“When I set up the inquiry, I also said that there would be a second part to investigate wrongdoing in the press and the police”.—[Official Report, Commons, 12/11/12; col. 446.]

He went on to say:

“It is right that it should go ahead, and that is fully our intention”.—[Official Report, Commons, 12/11/12; col. 458.]

I understand why criminal cases have to proceed before phase 2 can begin. However, can the Minister assure us that it will begin once those cases have finished, and that the Government will not then reconsider whether it should happen at all?

[Lord Ahmad of Wimbledon]

It is quite right that we ensure that any ongoing criminal investigations are completed, and the Prime Minister has given a commitment.

[Lord Scriven (LD)]

My Lords, we must consider the crass statement that was put on the South Yorkshire Police website this morning, and the fact that the chief constable of South Yorkshire Police has just been suspended. In the light of what the noble Lord, Lord Blunkett, said, and whoever is elected as Police and Crime Commissioner next week, South Yorkshire Police is going to need extra support. What support will the Government look at giving to solve the problem of the clearly dysfunctional senior management within the South Yorkshire police force?

[Lord Ahmad of Wimbledon]

The noble Lord raises an important point, particularly regarding the responsibility of the Police and Crime Commissioner. They will have an important role to play, but we will certainly be reviewing the situation. As further details emerge, I will write to the noble Lord about the steps we are taking. The important point is that there is a responsibility in the higher echelons of that police force. The noble Lord mentioned the statement put on the website which, as I said earlier, was both concerning and regrettable. There is a history of their making a statement and then retracting it. One would have hoped that, on this occasion, they would not have done so, but that is exactly what has happened.

[Lord Faulkner of Worcester (Lab)]

My Lords, I may be the only member of your Lordships’ House who was present at Hillsborough 27 years ago. I subsequently gave evidence to Lord Justice Taylor’s inquiry and to the Hillsborough Independent Panel. I join all other Members in commending both the Statement and the contributions from all sides of the Chamber today. This House has matched the mood perfectly. I think that the victims’ families will feel that they have been vindicated, certainly as far as this House is concerned. I have just one question. Does the Minister agree that what has made the victims’ families’ agony so much more unbearable has been the refusal by the South Yorkshire police force, consistently over the last 27 years, up to and including the period of the inquest itself, to put up their hands up and admit that they were at fault?

[Lord Ahmad of Wimbledon]

I totally agree with all that the noble Lord has said. As for what he said about South Yorkshire Police, I think that that sentiment is reflected across the House.

[Lord Paddick (LD)]

My Lords, perhaps I may express a personal view coloured by my experience of more than 30 years in the Police Service. I am concerned that what appears to have happened in this case—the police attempting to protect their reputation by covering up what happened—is not isolated to South Yorkshire Police and may be prevalent across the Police Service as a whole. This is based on a genuine concern that, in order to operate effectively, they have to have the trust and confidence of the public. However, clearly, they cannot cover up wrongdoing to win that trust and confidence because, inevitably, the truth will come out, as we have seen in this case. Can the Minister give an undertaking that this wider issue across other police forces will not be ignored and will be looked into as part of the Government’s response to this disaster?

[Lord Ahmad of Wimbledon]

The noble Lord is right to raise the issue of trust in a general sense. Speaking as any citizen would, we look to our police forces up and down the country—many of which do an incredible job—to provide safety and security for all of us. A high level of confidence in your police force is an essential part of going about your daily life. Where that has failed, particularly in the instance of South Yorkshire Police—I know an earlier question related to the fluid nature of what is happening in South Yorkshire at the moment—it is important that police forces and all those associated with their governance not only accept direct responsibility but make and act on the right decisions for themselves and, more importantly, for the people of their areas.

[Lord Watts (Lab)]

The Minister is aware of the damage that was done by the media over this issue but one individual, Kelvin MacKenzie, has special responsibility. Does the Minister agree that no broadcaster should employ Kelvin MacKenzie, given his past record?

[Lord Ahmad of Wimbledon]

That is a matter for individual broadcasters. However, I am sure that if they are watching us or read Hansard, they will reflect on the noble Lord’s comments.

[Lord Clark of Windermere (Lab)]

My Lords, I declare an interest as a director of Carlisle United Football Club. The composition of football fans today is rather different from 27 years ago, but I know that I speak for every single football fan the length and breadth of the British Isles when I say that we are pleased and proud that our fellow fans at Liverpool have been vindicated. They have shown up some of the key elements of British society—the police, the media and the legal trade. I am also pleased that nowadays, under our new freedom of information legislation and the mood that goes with it, the Minister is able to make such a Statement, which we all admire.

[Lord Ahmad of Wimbledon]

I agree with the noble Lord. Whichever club you support or wherever you live in this country, football is part of what defines our nation; it is part of our DNA. The exoneration yesterday of not only the victims but everyone who attended the event, or was involved with the football club or with the city, was a historic moment in moving forward in the right manner. I hope that, ultimately, once the CPS inquiry and the two other inquiries are concluded, we can give final solace and peace to the 96 tragic victims and ensure—if I may quote the noble Lord as a final comment on this—that they never walk alone.

Airport Expansion: Road and Rail Upgrades

Lord Ahmad of Wimbledon Excerpts

Wednesday 27th April 2016 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government whether, as part of their decision on expansion of airports in the South East, they are considering the figures from Transport for London that upgrades to rail and roads will cost £16 billion more than estimated by Heathrow.

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, the Airports Commission assessed the surface access requirements of each shortlisted scheme as part of its work published in July 2015. Transport for London’s views were considered by the commission as part of this work. The Government have been clear that we expect the promoter of any airport expansion scheme to meet the full cost of any surface access proposals that are required to enable the expansion and from which they will directly benefit.

[Baroness Randerson (LD)]

My Lords, does the Minister accept that there is a balance to be struck between responsibility for general improvements to London’s transport and those improvements required specifically for Heathrow Airport, if it were decided to expand it? But the striking thing is the dramatic difference between the figures given by Transport for London and the price put on the improvements by the Airports Commission. Do the Government accept that they need to bottom out these figures and the difference between them, and who will be responsible for building new infrastructure, and that they need to do so before they make their decision on airport expansion?

[Lord Ahmad of Wimbledon]

My Lords, the noble Baroness is right to point out the difference between the figures from TfL and from the commission itself—and indeed the figures that Heathrow Airport itself presented. One thing I would say is that the figures refer to the different content in each proposal, and different timelines.

On her second, more substantive point about who is responsible, the Government’s 2013 aviation policy framework makes it very clear that developers should pay for the costs of upgrading, and that where the scheme has a wider impact and benefit the Government will look at it on a case by case basis.

[Lord Higgins (Con)]

My Lords, could not the cost of Transport for London be significantly reduced if so many of its executives were not paid excessive amounts compared with, say, the salary of the Prime Minister? What can be done to reduce the costs of congestion caused by the policies of Transport for London?

[Lord Ahmad of Wimbledon]

It is for the Mayor of London to review both those issues. But I say to my noble friend that with any salary paid to any public servant serving in any government—central, devolved or local—public scrutiny is important and needs to be reflected.

[Lord Rosser (Lab)]

A newspaper report today said that the Government’s decision on airport expansion in the south-east could be pushed back to September at the earliest, and possibly later, because of a government decision-making log-jam caused by the EU referendum. Do the Government stand by their position that a decision will be announced in the summer, and, if so, can the Minister say on what date the Government consider that this coming summer will end?

[Lord Ahmad of Wimbledon]

I say to the noble Lord, who has wide experience, that you should not always believe what you read in the papers. The Government’s position, as I have said, is that we intend to conclude the additional work around the issues and the concerns rightly raised about the environment and noise pollution in the summer. He asked for a specific date but, as I have said, I cannot give that at this time.

[Lord Spicer (Con)]

Have the Government given up the idea that somehow high-speed trains to the Midlands are a substitute for expanding Heathrow? If so, they are very wise.

[Lord Ahmad of Wimbledon]

As my noble friend will appreciate, the Government are making the biggest investment in transport infrastructure not just for a generation but, in the case of the railways, since the Victorian age. Aside from the HS2 project we are making more than £60 billion of investment in this Parliament alone, which underlines the Government’s commitment to ensure expansion of the transport infrastructure across all modes of transport.

[Baroness Ludford (LD)]

My Lords, the environment committee in the other place has today called for urgent action to stop 50,000 premature deaths a year from air pollution-related illnesses. Is it not mad to expand Heathrow Airport when we are already in serious breach of European air quality laws? Would it not also be mad to pull out of the protective umbrella of EU pollution rules?

[Lord Ahmad of Wimbledon]

I am sure that the noble Baroness was not suggesting that I was mad—but I will read Hansard carefully. She is quite right to raise the issue of air pollution. As I said, it will be given due consideration in the wider environmental impacts that the Government are looking at.

[Lord Berkeley (Lab)]

My Lords, does the Minister recall that a few years ago, the solution to the problem of emissions around Heathrow was to put the M4 and the M25 in a tunnel, so that the emissions would come out at the ends, away from the airport? That would have reduced the level of emissions. Is that still on TfL’s agenda?

[Lord Ahmad of Wimbledon]

That is an interesting suggestion—but I cannot say that it is something to which I personally subscribe.

[Lord Naseby (Con)]

Is my noble friend aware that these figures are about as colourful as the Mayor of London? They really ought to be taken with a pinch of salt—and, perhaps, with a declaration of interest behind them.

[Lord Ahmad of Wimbledon]

Again, just for clarity, I am sure that my noble friend was referring to the figures provided by TfL, which are for others to analyse, and not to the commitment that the Government have given to spending £65 billion on transport infrastructure in this Parliament.

[Lord McKenzie of Luton (Lab)]

My Lords, I draw attention to my interest in the register. On the matter of upgrading infrastructure for airports, will the Minister take this opportunity to acknowledge and welcome the decision of London Luton Airport to invest £260 million in a new passenger transit system to speed transfers between the parkway rail station and the airport terminal? For the UK’s fastest-growing airport it will mean, when concluded, that journey times from London to the airport terminal will be about half an hour.

[Lord Ahmad of Wimbledon]

This Government welcome the investment in surface transport and airports across the country. As I have said to the noble Lord before, I am looking forward to my visit to Luton airport to see the wider facilities and investment.

Road Traffic Act 1988 (Alcohol Limits) (Amendment) Bill [HL]

Lord Ahmad of Wimbledon Excerpts

Friday 22nd April 2016 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, I would like to thank the noble Lord, Lord Brooke—that is what my notes say—but I extend my thanks to all noble Lords who have contributed to this Bill and debate. I will be brief.

As my noble friend Lord Cormack rightly pointed out, the substance of the amendments is to seek to clarify the language of the Bill following the changes which were previously approved in Committee, as the noble Lord, Lord Brooke, mentioned. As I have previously set out, although the Government’s position remains not to support this Bill to lower the drink-drive limit, these amendments are sensible and helpful clarifications to the language of the Bill. Let me reiterate that drink-driving remains a very important issue, and although the Government have no plans to lower the drink-drive limit, we will continue to support the police in their rigorous enforcement efforts against all dangerous drivers.

To pick up on one point about Scotland, as the noble Lord will be aware, and for the benefit of all noble Lords, of course we are looking very closely at the situation there. My honourable friend Andrew Jones, the Minister with responsibility for roads, is already in contact with the Scottish Government and they will be meeting in due course. We welcome any substantial evidence from the Scottish Government, and they can provide that at any time. However, I once again reiterate that it is not the Government’s position to lower the limit. That is really all I have to say.

[Lord Forsyth of Drumlean]

Before my noble friend sits down, will he perhaps indicate whether the Government have any view on the impact of this Bill on jobs, particularly in pubs and the hospitality industry? Of course, what it would mean is that people would no longer go to the pub at all, which has been the experience in Scotland. In looking at this, will he very carefully consider that balance? As far as the safety of motorists is concerned, will his department turn its attention to the scandal of people driving under the influence of drugs and not being brought to account for it, which seems to me to be a far greater problem than people driving within the legal limit at present?

[Lord Ahmad of Wimbledon]

As ever, my noble friend raises the important point about the wider economic impact. That is why the Government are considering their position in this regard—

[Lord Hughes of Woodside (Lab)]

If one follows the view put forward by the noble Lord, Lord Forsyth, we should be changing things in the other direction so that people can drink as much as they like because that would help the drinks industry. Is that what he is saying?

[Lord Ahmad of Wimbledon]

I am sure I speak for my noble friend when I say categorically no. I am sure that if the noble Lord reflects on my noble friend’s remarks he will see that that is not what he was suggesting. What we are saying is that we will observe the current status quo. I have already indicated that we are talking to the Scottish Government. I was going to make a point on the issue raised by my noble friend Lord Forsyth about the wider economic challenges that a lowering of the limit poses. Of course that needs to be considered in any decision being taken. As I said, it is entirely appropriate, and I think right, that we observe what the situation in Scotland is. I should, for the sake of completeness, declare a personal interest in that I do not drink myself. Nevertheless, I understand and appreciate that the notion of someone having a small drink at lunch time is one that many people, not just in this House but beyond, quite welcome.

[Lord Berkeley (Lab)]

My Lords, if the Minister is going to look at further evidence on the effect of lowering the alcohol limit on people driving to pubs, could he look at evidence relating to people, including younger people, not drinking alcohol but still driving to pubs with other people who may drink? There is evidence that suggests that some younger people are much more responsible than older people when it comes to drinking and driving.

[Lord Ahmad of Wimbledon]

As someone who during his university days was often the driver for others who were merrier in the car, I can perhaps reflect on a personal dimension. Of course, the noble Lord is quite right that we need to consider the full impact of that and to look at the evidence base as presented.

[Lord Brooke of Alverthorpe]

My Lords, I thank those who have intervened in this short debate. I am grateful to hear from the Minister that positive steps are now being taken to embark on a discussion with the Scottish Government.

Crime: Religiously Motivated Crime

Lord Ahmad of Wimbledon Excerpts

Thursday 21st April 2016 Lords Chamber

[Baroness Berridge]

To ask Her Majesty’s Government what assessment they have made of the level of religiously motivated crime and violence in the United Kingdom in the light of the murder of Asad Shah.

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, first, I believe that I speak for us all in your Lordships’ House in saying that we share the shock at the appalling death of Mr Shah. Our prayers and thoughts go out to his family and the wider community at this most difficult time. There were 3,254 religious hate crimes recorded in England and Wales last year, representing an increase of 43%. We are clear that hatred against people because of their religion has no place in our society or country. We will do everything we can to stop those who promote hatred and intolerance in our communities.

[Baroness Berridge (Con)]

I thank my noble friend the Minister for his Answer and express our condolences to his own community at this sad time. Over the last 18 months Tell MAMA, an anti-Islamophobia organisation, has reported an increased amount of anti-Ahmadiyya hate crime on the internet. Flyers were allegedly found in a south London mosque stating that Ahmadis should face death if they refuse to convert to so-called mainstream Islam. Will my noble friend please outline what action Her Majesty’s Government are taking to identify and shut down social media and other internet sites that incite and glorify violence towards the Ahmadis, which is in fact a crime here in the United Kingdom?

[Lord Ahmad of Wimbledon]

My Lords, let me be absolutely clear that the Government—and, I believe, all in this House and beyond—share the sentiment that people are free to live their lives free from interference and attack simply because of who they are or their religious beliefs. My noble friend is quite right to point out the increased attacks that we have seen on the internet, not just on the Ahmadi Muslim community but on other communities as well. The Government are taking steps on this and my colleague at the Home Office, my noble friend Lady Shields, is leading on internet safety and security. We are building alliances not just with the communities in the United Kingdom but beyond to ensure that wherever we find hate, whatever its cause and whoever the perpetrator and victim, we send a clear message: such hate will not be tolerated.

[Lord Paddick (LD)]

My Lords, I associate these Benches with the Minister’s remarks about the tragic death of Asad Shah. Religiously motivated sectarian violence has been prevalent in Scotland and other parts of the United Kingdom for many years. The tragic death of Asad Shah is another example, albeit involving a different religion. What training is being given to police officers, and what advice is being given to victims, to help them differentiate between race-hate crime and religiously motivated hate crime?

[Lord Ahmad of Wimbledon]

The noble Lord is quite right to raise the growing and worrying tide of sectarian differences within different communities and the rising tide of hate crime. In that regard, I am pleased to tell the House that as of 1 April this year, as the noble Lord may well be aware, for the first time all police forces across England and Wales specifically record religious hate crime by religion and not just in its general sense. That is an important step forward.

In Scotland, as the noble Lord will know, there are devolved powers, but we are working very closely with the Scottish Government. Indeed, I will shortly visit Scotland—both Edinburgh and Glasgow—to discuss the issue of the growing tide of religious hate.

[Lord Pearson of Rannoch (UKIP)]

My Lords, how do the Government react to the National Police Chiefs’ Council’s recent finding that only 8.6% of tip-offs to the Prevent programme have come from the Muslim community? How do they plan to encourage very much more collaboration from our Muslim friends and their leaders in exposing potential extremists?

[Lord Ahmad of Wimbledon]

First, let me put on record that every religious community, including the Muslim community, was appalled by the events we saw in Scotland. This is exactly what is required: for the whole country, no matter what your religion or if you are of no faith, to come together to condemn and then unify against extremism in all its ugly guises. I assure the noble Lord that we are speaking extensively to all faith communities, including Muslim communities. There are initiatives such as the Prime Minister’s direct community round tables, on which the Home Secretary is leading. I am talking directly to all faith communities. Most recently I have met other and wider Muslim organisations, including the Bradford Council for Mosques, and earlier this week the Lancashire Council of Mosques and the Bolton Council of Mosques, to discuss the rising tide not just of the challenges we are facing but of Islamophobia and anti-Muslim hatred as well.

[Lord Woolf (CB)]

My Lords, I disclose my interest as a patron of the Woolf Institute for interfaith relations. Does the Minister agree that an important antidote to race hate is education and that we should support all means of educating the public at large in the way that faiths can interrelate?

[Lord Ahmad of Wimbledon]

I totally agree with the noble and learned Lord’s sentiments.

[Lord Tomlinson (Lab)]

My Lords, does the noble Lord agree that the Prime Minister in the House of Commons yesterday was getting dangerously close to encouraging race hatred by making allegations against Mr Sadiq Khan, the Labour candidate for Mayor of London, concerning his association with somebody who had been visiting Tooting to work for the Conservative Party and recruit members to it?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

Let me put on record and make absolutely clear that at no time did the Prime Minister or any other member of the Conservative Party allege that the right honourable Member for Tooting is an extremist. We need to ensure in the current climate that we take a very responsible view on all the circumstances and the environment in which we find ourselves—and, more importantly, build and strengthen the partnerships that we are investing in. I pay tribute to all across the House who are doing just that, to ensure that wherever we find bigotry and hatred, be it based on race, religion or any other cause, we unify against it and build and strengthen our partnerships across the UK to face up to it.

[Lord Cormack (Con)]

My Lords, while echoing everything that my noble friend has just said, may I ask him to make it abundantly plain, in the wake of the question of the noble and learned Lord, Lord Woolf, that there is an enormous difference between race hatred and hate crime and freedom of speech? Many of us are extremely concerned by the erosion of freedom of speech, particularly in our universities.

[Lord Ahmad of Wimbledon]

One of the things that I would say to my noble friend is that the Government’s view, particularly in my Home Office brief of countering extremism, is that we must ensure that we face up to hate and bigotry but, at the same time, protect the very freedoms that we battle so hard to achieve, which include the freedom of expression and belief.

Border Force Budget 2016-17

Lord Ahmad of Wimbledon Excerpts

Wednesday 20th April 2016 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, with the leave of the House, I shall repeat as a Statement the response to an Urgent Question given in the other place by my right honourable friend the Home Secretary on the Border Force budget for 2016-17. The Statement is as follows.

“Mr Speaker, the first priority of government is the safety and security of its citizens. The Government have always made the integrity of the UK border a priority and we will never compromise on keeping the people of this country safe from terrorism, criminality and illegal immigration.

My right honourable friend the Chancellor of the Exchequer will publish the Treasury main supply estimates in just over an hour’s time, setting out estimated budget allocations for the whole of government, including Border Force, for the 2016-17 financial year. In advance of those figures being laid in the House Library, I can inform the House that these estimates will show the indicative budget for Border Force is £558.1 million in 2016-17, a 0.4% reduction in the overall resource spending compared with the 2015-16 supplementary estimate. At the same time, we will increase capital spending at the border by just over 70%, from £40.1 million in 2015-16 to an estimated £68.3 million in 2016-17.

This means that Border Force spending is to all intents and purposes protected compared with 2015-16, with increased capital investment to improve the technology at the border to improve security and intelligence and strengthen control. Over the next four years, we will invest £130 million in state-of-the-art technology at the border.

Since I became Home Secretary six years ago, we have pursued an ambitious programme of reform at the border to keep this country safe. In the last Parliament, we abolished the dysfunctional UK Border Agency, set up under the last Labour Government, and made Border Force directly accountable to Ministers within the Home Office. Since then, Border Force has transformed its working practices, command and control, and leadership. We have invested in new technology like e-gates at airports and heartbeat monitors at freight ports to improve security, prevent illegal entry to the UK, benefit passengers and deliver efficiencies.

At the same time, I have worked closely with my French counterpart, Bernard Cazeneuve, to secure the juxtaposed controls in Calais and Coquelles, reduce the number of migrants attempting to reach the UK, and safeguard UK drivers and hauliers travelling through those ports. We have developed a robust, intelligence-led approach to organised crime at the border, working closely with the National Crime Agency we established in 2012. We have supported greater collaboration between counterterrorism police and Border Force, while increasing counterterrorism budgets to prevent foreign fighters returning and dangerous terrorists travelling to the UK.

These reforms are working. Border security has been enhanced. Border Force continues to perform 100% checks on scheduled passengers arriving in the United Kingdom. Where passengers are deemed a threat to public safety, we can and do exclude them from the UK. In total, 99,020 people have been refused entry to the UK since 2010. We are also disrupting more organised crime at the UK border than ever before. In the past year, Border Force has seized nearly eight tonnes of class A drugs, more than two and a half times as much as in 2009-10. Meanwhile, legitimate passengers and hauliers of goods continue to be provided with excellent levels of service.

The Government remain committed to making further investments where necessary to exploit new technology and strengthen controls. In doing so, Border Force will grow more efficient year on year while improving security for the safety of citizens, businesses and the country as a whole”.

[Lord Rosser (Lab)]

I thank the Minister for repeating the Statement made in response to an Urgent Question asked in the House of Commons. The Answer now confirms that the revenue budget for the Border Force for 2016-17 is some 10% less than it was in 2012-13, which no doubt explains in part why the Government are not in control of our borders. If they still maintain that they are in control of our borders, can the noble Lord say whether 100% checks are made on every lorry entering this country? I await to see whether he can give a more direct answer to that question than his right honourable friend the Home Secretary managed in the Commons earlier today.

Finally, in a letter published in the Daily Telegraph today from, to use the words of that newspaper, the country’s most senior security experts—who include two Members of this House—there is a reference to the need better to secure this country’s borders followed by a call for the Government to review security at our borders. Will the Government now agree to undertake the review called for in the letter?

[Lord Ahmad of Wimbledon]

My Lords, as I have already alluded to, border security has been enhanced and Border Force continues to perform 100% checks on scheduled passengers. As for lorries, we perform rigorous border checks on scheduled arrivals. The noble Lord mentioned specifically a letter that has been written today and the steps that the Government have taken. I am sure that if he reflects on the changes that have been made—apart from the creation of, as I said, a more flexible Border Force, which has allowed us to address the challenges and needs across the country as a whole—we have seen various programmes which have delivered incremental improvements to e-Borders vision, such as the Schengen information system, the warnings index on migration and improved exit checks. We continue to work very closely with our European partners across the board to ensure that we protect not only our borders but borders across the European Union from threats based around security and terrorism.

[Lord Paddick (LD)]

My Lords, while handbags at dawn over the Border Force budget between the chair of the Commons Home Affairs Committee and the Home Secretary might be entertaining, the crucial question must be whether Border Force has and will continue to have the resources it needs to safeguard UK borders from threats of foreign terrorism and illegal immigration, bearing in mind that the Home Secretary has now confirmed that the budget for the Border Force is decreasing while it would appear that the threats are increasing.

[Lord Ahmad of Wimbledon]

My Lords, I agree with the second part of the noble Lord’s statement: as the challenges and threats are increasing we need to respond accordingly. As I alluded to in the Statement—perhaps it is important to repeat it—one of the steps the Government are taking in the Home Office is investing a further £130 million in the technology around our borders to ensure that we meet the enhanced and ever-evolving threat that faces the United Kingdom.

[Lord Jopling (Con)]

My Lords, will the Minister explain why at some airports passports of people leaving this country are examined and recorded, whereas at others no check whatever is made? Is this because of a shortage of resources?

[Lord Ahmad of Wimbledon]

As my noble friend will know, it was this Government who reintroduced exit checks last year. He is right to point out that we introduced these checks in particular in larger ports. If there are specific airports he is concerned about I will be happy to discuss them with him afterwards and write to him accordingly.

[Lord West of Spithead (Lab)]

My Lords, our coastline outside the major ports is highly vulnerable. Will the Minister confirm that, since we have sent coast guard cutters to the Mediterranean, and because of defects, we have only two coast guard cutters to look after our coastline from the Tyne round to Cornwall and that we have now cancelled the airborne surveillance programme, which indicated targets of interest, such as illegals coming into the country, to those cutters? If that is the case, we are in a very parlous state.

[Lord Ahmad of Wimbledon]

My Lords, I am sure that the noble Lord will appreciate that I cannot go into the details of the operations of the Border Force and the cutters being deployed, but I assure him that there is sufficient capability and funding in place. Border Force maintains a presence in UK waters. We work in close partnership in ensuring secure borders with the Royal Navy and the National Crime Agency, among others.

[Lord Pearson of Rannoch (UKIP)]

My Lords, given that the recent pamphlet of government propaganda, which cost £9.2 million and went to every household in the land, claimed that we have kept control of our borders, will the noble Lord tell us whether we can prevent EU nationals entering the United Kingdom? How many have done so in the last five years, and how many do the Government anticipate will do so in the next five years?

[Lord Ahmad of Wimbledon]

My right honourable friend the Prime Minister made clear when he announced the EU referendum that there would be a clear government position. There is, which is the belief that I know is shared by many across your Lordships’ House that the United Kingdom’s place is within the European Union. On the question of entry by EU nationals, while there are border controls in place in the United Kingdom, part of our agreement with the European Union is to ensure that, while EU nationals visit and work in this country, they, like all citizens, including United Kingdom citizens returning from abroad, go through diligent checks at passport control to ensure that we protect our borders from criminals and terrorists who may seek to permeate those borders.

[Lord Swinfen (Con)]

My Lords—

[Lord Harris of Haringey (Lab)]

My Lords, it is this side I think—the noble Lord is not our side. Will the Minister tell us how many officers there are in the Border Force, how many will it fall to next year, and how that compares with the recommendation by the noble Lord, Lord Stevens of Kirkwhelpington, in the report commissioned by David Cameron a few years ago that there should be 30,000 officers?

[Lord Ahmad of Wimbledon]

My Lords, I will not go into specific numbers of officers, but as I have already said and say again to the noble Lord, through the creation of the Border Force we have ensured greater flexibility of all Border Force staff to ensure that, wherever the shortages are—as we found last summer when there were challenges from the situation in Calais—the challenges and needs are met by ensuring that there are sufficient staff in whatever port, be it maritime or airports.

[Lord Swinfen]

My Lords, the noble Lord has told us what is—or, rather, what is not—being done at sea to protect our borders. What is being done on land to intercept illegal entry via our beaches and unmanned airfields in various places in the country?

[Lord Ahmad of Wimbledon]

I remind my noble friend that, as I have already said, the Border Force works very closely with all agencies, including the police and the National Crime Agency. This ensures that we have a robust approach, with joined-up thinking and sharing of intelligence. Of course, we work with our European partners to ensure that, where there are any concerns on access and illegal entry to the United Kingdom, be it by water or air, we meet that challenge robustly. The message must be clear that our borders are robust: we will prevent those who seek to enter illegally, including those who seek to spread terror in this country or elsewhere in Europe. Together, through sharing of intelligence, we are facing that challenge head-on.

[Lord Hughes of Woodside (Lab)]

My Lords, the Minister has twice refused to answer a direct question this afternoon. He said that he cannot comment on matters of how the department works. He also said that he cannot tell us how many people are employed. Neither of those things can be state secrets. How many officers are in fact employed?

[Lord Ahmad of Wimbledon]

My Lords, the issue that I said I could not reply to specifically was the issue of our coastal waters, their protection and the operational capacity there. I am sure that the noble Lord, when he reflects on that, will see that it is important that we retain the sanctity of ensuring our operational capability. After all, otherwise, we are opening that up to open transparency for anyone who is seeking to influence and get into the UK. We need to ensure that we meet the challenge of illegal immigration. The noble Lord asked for specific numbers. As I have said, the Statement which I have repeated on behalf of the Home Secretary acknowledged that there is a reduction in the resource budget of 0.4%. That will result in our ensuring that wherever shortages are met there is flexibility in the workforce. I do not think that I was avoiding the question; I just said that I am not going to get specifically into the numbers game.

Airports: London

Lord Ahmad of Wimbledon Excerpts

Monday 18th April 2016 Lords Chamber

[Lord Spicer]

To ask Her Majesty’s Government when they plan to publish their decision for additional runway capacity at London’s airports.

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, a number of important decisions on airport capacity were taken by the Government in December last year, including to accept the case for expansion in the south-east. However, as I have said before, we must take the time to get the location decision right. The Government are further considering what will maximise the potential local economic opportunities as well as the best possible measures to mitigate any environmental impacts. This work will conclude by summer 2016.

[Lord Spicer (Con)]

My Lords, is my noble friend aware that there is one scenario being mooted in some quarters that does not involve the expansion of the London system? Remain wins the referendum and, because of the acquis communautaire, the setting up of a state of Europe is hastened, with Berlin as the de facto capital. Berlin would therefore attract aeroplanes from London, and it would deposit them on an airfield it has had for the last five years, which has not had a single aeroplane going through it, at Brandenburg. Problem solved, I hope the Minister may say: it would take the strain off Heathrow and give more business to the Germans. I am very interested to see how that grabs the Minister.

[Lord Ahmad of Wimbledon]

That might be the basis for a novel, and I suggest that my noble friend share it with our noble friend Lord Dobbs.

[Lord Rosser (Lab)]

My Lords, when the noble Lord, Lord Spicer, asked a similar Question last month, the Minister said that the Government would conclude their further consideration of the environmental impacts of expanding airport capacity in the south-east by the summer, which the Minister later said was often defined as the time when noble Lords enjoy their Recess. Bearing in mind that the Government are in full control of the timetable for making and announcing their decision on this major, contentious issue, does the Minister agree that it would be an act of political cowardice for the Government to announce their decision on airport capacity when Parliament is not sitting or on the day Parliament rises for a recess?

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[Lord Ahmad of Wimbledon]

As I said in my original reply, the work will conclude on the additional matters, including the environmental impacts, by summer 2016. I am not going to be more specific than that at this time.

[Lord Trefgarne (Con)]

My Lords, the future of the new runway is of course important, but what, in the mean time, will my noble friend do about the drones which are so much in the news recently?

[Lord Ahmad of Wimbledon]

My noble friend is quite right to raise the issue of drones. Indeed, there was an incident only yesterday at Heathrow, which has been fully investigated. The pilots have given their full reports, and the details have been reported by the media. Let me assure my noble friend that there already are stringent procedures regarding the use of drones, but the Government are also working very closely with international and domestic partners, including the CAA and BALPA. We are also working closely with our European partners—including leading on EASA’s work in this regard—as to what more can be done in what clearly is an area of expansion.

[Baroness Randerson (LD)]

My Lords, the Airports Commission recommended establishing an independent aviation noise authority to participate in planning and monitoring airport expansion in the south-east. Can the Minister explain to us what steps the Government have taken towards establishing that authority and, if none have been, why not?

[Lord Ahmad of Wimbledon]

The noble Baroness is right to point out that one of the findings of the Davies commission was the importance of full community engagement, and that remains part and parcel of government thinking and is very much in the mix. However, the final call on that can be made only once we make the final call on the location of expansion in the south-east.

[Lord Soley (Lab)]

I offer the Minister my belated congratulations on his birthday on 3 April and remind him that in the year he was born, I first expressed concern about the future of Heathrow unless we kept up with the management of airports in other countries. Will he do all he can to make sure that he gets the announcement made before the Summer Recess? If this goes on for as long as he has been alive, he will be 96 and I will be 125 when the decision is made.

[Lord Ahmad of Wimbledon]

I am sure that all noble Lords will wish us both a long, healthy and happy life. The noble Lord is quite right—the Government have made their position clear; the decision is important. [Laughter.] Noble Lords may laugh, but the Government have made clear the principle that there is a need for expansion in the south-east, and we are progressing on that basis.

[Lord West of Spithead (Lab)]

My Lords, 219 years ago today, the Spithead mutineers submitted a form to Earl Howe, whose relative sits here today, because they were appalled at a two-year delay in the Government taking action that they had promised. What does the noble Lord think they would make of the multi-year delay we have over this particular decision?

--- Later in debate ---

[Lord Ahmad of Wimbledon]

After consulting my noble friend, the current Earl Howe, I shall come back to the noble Lord on the history behind his question. The serious point behind this is the importance, as we all recognise, of ensuring the UK’s competitiveness, which requires expansion of capacity in the south-east, and we are progressing on that decision. As I said, the additional considerations will be concluded by the summer of this year.

[Lord Wright of Richmond (CB)]

The noble Lord has already received belated congratulations on his birthday. Would he join me in wishing the Lord Speaker a happy birthday?

[Lord Ahmad of Wimbledon]

Indeed, it gives me great pleasure to join the noble Lord in wishing the Lord Speaker, on behalf of the whole House, a very happy birthday. In doing so—I am not sure that I shall get the chance later this week—I wish Her Majesty the Queen a very happy 90th birthday.

[Lord Brooke of Alverthorpe (Lab)]

On the decision that may be taken in the summer on the third runway and Heathrow, is the Minister aware that, for more than a decade, air pollution around Heathrow has been way above acceptable levels and little has been done by any Government? Regardless of the decision, will any steps be taken to try to solve that problem and ease the poisoning that is taking place, particularly of children?

[Lord Ahmad of Wimbledon]

The noble Lord is right to raise the issue of pollution. That is why the Government are taking full consideration of the Davies Commission’s powerful recommendations on mitigating those impacts, so that appropriate consideration is given to ensure that those impacts can be mitigated, whatever the final decision on south-east expansion.

[Lord Hayward (Con)]

Does my noble friend recognise that there are concerns in all parts of this House that the announcement on the runway should not be made close to the recess? On a day when the Chancellor is discussing the economic benefits of staying in the EU, will my noble friend please acknowledge that every single day or week that this decision is delayed is a loss to this country?

[Lord Ahmad of Wimbledon]

My noble friend makes two very important points. Of course, the Government are listening and hear these concerns. I assure him that the concerns reflected in this Chamber are very much given due consideration by other members of the Government, as well as myself.

High Speed Rail (London-West Midlands) Bill

Lord Ahmad of Wimbledon Excerpts

Thursday 14th April 2016 Lords Chamber

Moved by

[Lord Ahmad of Wimbledon]

That the Bill be read a second time.

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, our railways are key to our country’s future prosperity and yet, if we look back in time, it is 123 years since we built a main line north of London and 183 years since Parliament approved the west coast main line. Although not intended to be a major artery, the west coast main line has evolved into one. Today it is the busiest mixed traffic railway in the world. Although it continues to serve the country well, it is almost full. We have already upgraded it and seen the benefits, but improvement to what exists, on its own, can no longer provide what the nation needs. Patchwork and sticking plasters will work for a period but are not the answer; it will not help us to create the capacity we need on the railways. It will not improve our country’s connections. It will not maximise the opportunities for our northern cities and cities in Scotland to grow and prosper. To allow our economy to grow and to compete on an international level, we need a step change in capacity. That is why this Government are committed to delivering High Speed 2, a project that will bring our economic centres closer together, allowing the whole country to benefit.

Now is really the time to do it. As I have said, the west coast main line is essentially full and yet more and more people want and need to use the railways. Over the past 20 years passenger journeys have doubled. Demand will continue to rise. Even on moderate forecasts, services will be increasingly full by the mid-2020s. The digital age may have created new ways to interact across distance and made the world smaller, but it has not replaced the need to travel—indeed, it fuels it. We need to deliver the capacity to meet this growing demand. HS2 will do exactly that.

From day one, phase 1 will not only provide additional capacity between London and the West Midlands but also to Manchester and Glasgow via through-running services. It will free up capacity on the west coast main line that can be used for local services or freight. That is only phase 1. HS2 will ultimately be a national network that will create even more capacity and even better links. It will connect our great northern towns and cities, including Sheffield, Leeds and Manchester, with services travelling on to Edinburgh and Glasgow. This is the capacity the country is crying out for. That is why we have brought forward phase 2A to Crewe, so that this can open three years’ earlier.

The full HS2 network will connect eight of the UK’s 10 most populous cities with direct links. The freed up capacity on the existing railway could help to provide improvements in regional connectivity. Combined, these provide a major uplift in the connections of our railways and the options for passengers, and help to rebalance our economy.

But, as the name suggests, High Speed 2 is not just about capacity. We will also see significant reductions in journey times, with phase 1 alone reducing trips between London and Birmingham and London and Manchester by around 35 minutes. These faster journeys will bring our country closer together. They will make travel easier and more efficient, and give businesses and workers access to new markets and options. These are just the transport benefits, but the true benefits of HS2 go well beyond them—the delivery of jobs, skills, development and economic growth.

As announced by the Secretary of State on 23 March, HS2 Ltd has started the procurement process for £11.8 billion-worth of civil engineering contracts. These contracts alone will create more than 14,000 jobs and we will ensure that people have the skills to take up these new opportunities through the HS2 skills college in Birmingham and Doncaster, which will open next year. These are jobs created to deliver the new railway, but the railway will also support wider development opportunities. Planning is already under way by cities and areas—such as through the Mayoral Development Corporation at Old Oak Common and the Birmingham Curzon master plan—to make the most of the opportunities that HS2 will bring. We will support them in their aspirations to make this scheme a success. This is the ultimate value of HS2.

While the benefits of HS2 are significant, this does not mean that I do not understand those who are concerned about the cost or worried that HS2 will divert investment from other transport. I understand those concerns and I wish to respond to them. HS2 will not come at the expense of the existing transport network. As noble Lords will know, we are investing more than £38 billion in the existing rail network between 2014 and 2019, including delivering Crossrail, Thameslink, new Intercity express trains and the electrification of the trans-Pennine, Great Western and Midland main lines. We are trebling the budget for major road schemes to £15 billion between 2015 and 2021, and we are investing £12 billion in local transport between 2015 and 2020. This is all in addition to HS2.

With regard to costs, we are committed to delivering value for money. Noble Lords will know that the November 2015 spending review confirmed a budget for the whole of HS2 of £55.7 billion at 2015 prices. The budget has not gone up, it has simply been updated in line with inflation. To put this in context, the cost of HS2 equates to around 0.14% of UK GDP in the spending review period. HS2 is a major commitment of public money, but it is an investment which Britain must make; we cannot afford not to.

Community and environmental impacts have also been raised, and I understand those who are concerned about HS2’s impact on the environment. It is not possible to build a railway without having some impacts on the environment and communities along the route, and it is clearly essential that we strike the right balance between delivering and operating the railway, and being sensitive to its surroundings. We believe we have struck the right balance. We have undertaken detailed environmental assessments to ensure that we understand and can mitigate the impacts of the railway. The environmental statement which accompanies the Bill is the largest ever undertaken in the United Kingdom.

But these assessments are not the end of our consideration of the environmental effects and impacts on communities. We have continued to listen to communities, environmental groups, statutory bodies and other stakeholders to try to reduce the impacts where reasonable. In addition, the Select Committee in the other place received more than 2,500 petitions against the Bill and additional provisions. Even with many deals made with those impacted and the withdrawal of others where we have provided assurances or clarified issues, the committee sat for 159 days to hear more than 1,500 petitioners and consider their issues. I wish to put on record the Government’s commendation for the dedication, commitment and fair approach undertaken by the members who served on the committee in the other place and those who worked tirelessly in representing their constituents in front of the committee. All their efforts in this area were exceptional.

Through this process and the continued development of the scheme’s design, we have made numerous changes that have led to even greater protections for communities and the environment. We have extended the bored tunnel under the Chilterns area of outstanding natural beauty by 2.6 kilometres, producing significant improvements for the village of South Heath, and we have removed impacts on Mantles Wood. We have lengthened the green tunnels at Wendover and Burton Green. We have lowered the line in Lichfield from viaduct to cutting, and moved it 200 metres to avoid the Trent and Mersey canal. We will deliver the new HS2 station at Euston in a phased approach to reduce disruption to the existing railway and help better manage impacts on the wider area.

This is but a sample of some of the changes we have made. The result of all of this work is a railway, more than half the route of which is in tunnel or cutting, and for which 75% of the line’s surface sections will be insulated by cuttings, landscaping and noise barriers. This is why we are not demolishing any grade 1 listed buildings; why no grade 1 excellent quality land is affected; and why the scheme has been designed to withstand a major flooding event, the likes of which we would expect only once every 1,000 years. I know there are those who want more—longer tunnels, deeper cuttings, taller noise barriers, and so on. However, we must remember that our duty to protect the environment must be balanced with our duty to protect public money. We believe our work to date has done just that and balanced these two responsibilities appropriately.

Turning to the content of the Bill, while the issues the railway raises are complex, the Bill is actually very straightforward. It is very similar in content and form to the Crossrail and Channel Tunnel Rail Link Bills, which were the last hybrid Bills to be considered by this House. The Bill provides all the powers needed to construct, maintain and operate phase 1 of HS2. It is essentially the planning permission for the railways, and therefore includes the power compulsorily to acquire land for the railway; undertake the works and nominate a person or organisation to do so; undertake modifications to existing legislative controls that are not designed for works that have already been approved by Parliament; provide a framework for the interaction of phase 1 with the classic railway network; and allow persons representing the Secretary of State to gain access to land for surveys relating to future HS2 stages. The Bill also allows the compulsory purchase of land for business relocation and regeneration purposes, so as to minimise business extinguishment and provide a backstop power to ensure that development opportunities created by HS2 are taken up.

Turning to procedures, should this Bill be given its Second Reading, it will move to a Select Committee process in this House. The role of this Select Committee is to hear petitions from those directly and specially affected by the Bill. The period during which petitions can be submitted began on 23 March and will end on 18 April. Noble Lords may want to understand the powers of the Select Committee. Its role is to hear petitions and make recommendations on what, if any, changes are required to address the issues they hear. The process of engagement between the promoter and petitioner means that in many cases, the petitioner’s issue is addressed and there is no need for them to appear before the Select Committee.

For those petitioners who do appear, the committee has wide powers and can, if it thinks fit, seek changes to the scheme that are within the scope of the existing Bill powers. For example, the committee can push for changes to the railway or use of land, within the limits of deviation set out in the Bill and within the environmental limits set out in the environmental statement. This could include changes to the railway itself or the mitigation provided as part of the scheme. The committee could also recommend changes to the way the promoter plans to construct the scheme—for example, how it plans to control noise or dust. It can also make recommendations on matters of compensation and property acquisition. This is by no means an exhaustive list, but it gives an idea of the importance and authority of the committee, and its scope to hear petitions and consider the facts.

HS2, as I am sure many in this House and beyond recognise, is greater than the sum of its parts. It is not just a railway with fast trains. It is not just about capacity and connectivity. It is truly about potential. It is about creating opportunities. It is about what is needed to produce a better and brighter future for our country, our economy and connectivity across the UK. This is what is required if we are to deliver a better, more integrated Britain. I beg to move.

--- Later in debate ---

[Lord Ahmad of Wimbledon]

My Lords, first, I join other Peers in thanking everyone for their most interesting, detailed and expert contributions to the debate. I will seek to answer all the questions that have been raised, but, in the interests of time, in respect of those that I am unable to cover, I will of course review them and write to noble Lords.

I acknowledge, first and foremost, the widespread support across the House for this important project. In his concluding remarks, the noble Lord, Lord Tunnicliffe, said that ultimately it is the Government’s responsibility and that the Government need to have vision and leadership. I assure him and all noble Lords that that is exactly what the Government believe. The project requires accountability and, ultimately, the Government remain accountable to your Lordships’ House and to the other place for ensuring that this project proceeds on track—excuse the pun.

I also acknowledge that this has evoked great passion and emotion in certain respects, both for and against the Bill’s provisions and progress on HS2. My noble friends Lady Pidding and Lord Framlingham, the noble Viscount, Lord Simon, and the noble Lord, Lord Stevenson, among others, raised concerns about the environment, and I will come to them in a moment. It is understandable and right that they raised those concerns but, equally, it is promising to see such support for HS2 across the House.

I am indebted to my noble friends Lord Fowler and Lord Young for their strong support and also to others—I notice the noble Lord, Lord Faulkner, has now taken up a different position in his capacity as Deputy Speaker, but I thank him for his support. The noble Lord, Lord Adonis, has an important role on the National Infrastructure Commission. I pay tribute to his work in securing the progress that we have made on HS2 and thank him for his expert—as ever—contribution today.

I am sure that other noble Lords will not mind me singling out the maiden speech of the noble Lord, Lord Mair. I listened very carefully to his contribution and various people have been passing me notes about the current status of Big Ben. I am sure that the last time I looked, it was standing straight and erect as a great beacon of our democracy, our capital city and country. I think that we all acknowledge and greatly appreciate the efforts and expertise of the noble Lord in ensuring that that remains the case. I know that all noble Lords will have been encouraged by his contribution today. His knowledge of civil engineering and of underground construction will provide great insight into and scrutiny of this project, and his broader expertise will be of great value to your Lordships’ House going forward.

We have heard various contributions from noble Lords about how we are progressing on infrastructure. One thing I briefly share is that through projects such as HS2, the development of other catalyst issues, such as the HS2 college and—a few noble Lords alluded to the completion of Crossrail 1—the tunnelling academy that has emerged through Crossrail 1, demonstrates to me the expertise that we are developing in infrastructure, and transport infrastructure in particular. This was a point recently acknowledged by Ministers in Singapore who are currently embarking on a project with Malaysia to build the Kuala Lumpur-Singapore link. We are exploring how we can share common practices and expertise in these areas, and that is something that we should all be encouraged by.

The lack of engineers was also noted. The Government recognise this; indeed, I have a particular responsibility within the Department for Transport as a Skills Minister. In two years’ time, 2018 will be the year of the engineer, but there is much to be done across the board and we all share the responsibility for ensuring that we have the engineers not only to meet our challenges but, as the noble Lord, Lord Adonis, said, to export our expertise in years to come.

I turn now to the questions that were raised. Various noble Lords raised the issue of the Select Committee process. The noble Lords, Lord Rosser, Lord Berkeley, Lord Stevenson and Lord Tunnicliffe, raised the issue of what the responsibilities of the Select Committee will be. It is important to note that the powers of the committee are not set by the Government; they are set by the conventions of the House. I was asked a specific question about the difference between the Houses. The convention is that the Commons Select Committee can hear additional provisions but the Lords committee does not. This is because the procedure follows that of an opposed Private Bill.

For your Lordships’ information, an additional provision is effectively a mini hybrid Bill; it is a change that requires additional land to be taken or changes to the Bill’s powers. The difference in powers is, I think, entirely in keeping with this House’s role as a revising Chamber. An additional provision—again, to remove any doubt and to provide greater clarity—is a change that leads, as I have said, to additional land being required and/or breaches of the environmental envelope for the project set out in the environmental statement. I trust that that provides the greater detail that noble Lords have requested on this, but if further details are requested of course I will be pleased to write in this respect.

The noble Lord, Lord Rosser, also asked when we will outline our plans for HS2 in the Midlands and the north. As I mentioned, we have brought forward the planned opening of phase 2a by three years to 2027. In terms of phase 2 as a whole, the Government consulted on the proposed route between July 2013 and January 2014.

[Lord Tunnicliffe]

I understood that a resolution of the House could enable the committee to consider additional provisions. That is quite an important point. Would the Minister be so kind as to investigate that and share with us by letter the product of his investigations?

[Lord Ahmad of Wimbledon]

Of course. As I said, if there are additional questions, I will be pleased to write to noble Lords.

I thank the noble Baroness, Lady Randerson, for her support. She said that the Liberal Democrat approach would be that of a critical friend to the Bill. It is right that in the revising nature of our Chamber we would hope that the discussions we have are always friendly, albeit a tad critical, but I understand the concerns that the noble Baroness has raised. She raised, rightly, connectivity with the rest of the network. As she will know, we are undertaking one of the largest programmes of investment in the railways. That is important. I have previously said from this Dispatch Box that the Government are investing £38 billion in the railways in the next five years.

The noble Lord, Lord Birt, raised the issue of investment generally over the next 15 or 20 years. I can certainly give him the detail that in the next five years the overall transport investment is in excess of £60 billion, in addition to the money we are spending on HS2. I hope that that underlines the Government’s commitment to the importance of transport infrastructure in the United Kingdom.

[Lord Stevenson of Balmacara]

I checked with the Deputy Speaker to see whether I could come in after the completion of the Second Reading but he advised that I should interrupt now and ask my question. Therefore, I am following on from my noble friend Lord Tunnicliffe. The description the Minister gave before he got to the alternative provision arrangements was that that was a matter for the House to determine, not the Government. I would be grateful if, when he writes to my noble friend Lord Tunnicliffe, he could specify exactly where the precedent is that he is relying on for that. Presumably these words are not his but words of the House and the House authorities, and obviously we would like to check chapter and verse.

I might well wish to return to this later but it is my understanding that there are several precedents which suggest that what he read out was not correct; that previously in two major Bills—the Crossrail Bill and the Channel Tunnel Rail Link Bill—additional provisions were considered by the second House; and that on occasions, although intimations about the powers have been made, the general position appears to be that it is possible, as my noble friend Lord Tunnicliffe suggested, that with an instruction the committee could consider and recommend an alternative provision. It is such an important point because the more the Minister narrows the position, the more difficult it will be for those who have suggestions to make to the Select Committee to be able to do so within the petitioning process as he has described it.

In addition, this does not seem to accord with what has been said to the public. He might wish to reflect on this when he replies. The clerks of the House have done a very good job in reaching out to those who wish to petition your Lordships’ House. There is a petitioning kit, which is a novel innovation, but it is certainly worth looking at because it is very informative. It says that,

“individuals, businesses and organisations specially and directly affected by a hybrid bill are given the opportunity to ‘petition’ either or both Houses of Parliament to seek to mitigate the effects of the bill on themselves, their business or their property”.

There is no qualification in that. That is a straight statement that mitigation can be provided. The kit explains what a petition is and says:

“A Select Committee … will be appointed to consider your petition and any other petitions deposited against the Bill … They have the power to amend the Bill, but not reject it”.

I do not understand how he can arrive at the position he has just articulated, given that and what has been said publicly. Without wishing to prolong the proceedings of the House, a lot of what has been said today has been about the confidence that people have in the House. We are in great danger of losing that.

[Lord Ahmad of Wimbledon]

Part of what I am seeking to do is to provide greater clarity but, in the interests of time and of ensuring that we get a comprehensive position, I will be writing to noble Lords to detail the position exactly. I hope the noble Lord, Lord Stevenson, is satisfied with that. He is right to raise this important issue, as the noble Lord, Lord Tunnicliffe, did, which requires—

[Lord Adonis]

If the Minister will forgive me, I am anxious to say this for the record because the record of this debate will now proceed. The noble Lord, Lord Stevenson, clearly declared an interest in these matters. It is very important that proper attention is paid to precedence and it would be deeply damaging to the public interest if issues which had been considered by the Commons committee, in the context of additional provisions, were then reopened in this House. That would not only be contrary to precedent but, as he rightly said, lead to a big issue about this House seeking in a fundamental way to second-guess critical strategic decisions on the nature of the project that have already been taken by the House of Commons. So, in the interests of balance and for the record of this debate, it is very important, regarding those who have a clear interest in this matter—the noble Lord, Lord Stevenson, has a very clear interest—that that is fully taken into account before any decisions are taken to breach established precedent in the consideration of hybrid Bills.

[Lord Birt]

Before the Minister moves on, the figures he quoted on investment are extremely welcome. I recognise that it may be difficult to respond to the question I asked earlier, but will he agree to provide an analysis of the investment not just in HS2 but in other forms of transport infrastructure as a share of GDP? Manifestly, the figures he quoted will be a very small percentage of GDP over the span of the project.

[Lord Ahmad of Wimbledon]

I will be pleased to provide that. As I said in my opening comments, the actual HS2 figure was 0.14% of GDP, but I will of course write on that. I thank my noble friend Lord Attlee for his intervention. The noble Lord, Lord Adonis, is right to point out the importance of conventions and the key role of this House as a revising Chamber. The best thing I can suggest is that it is right that we provide the detail requested. I say again that I will write to noble Lords to clarify any pending issue on this. Perhaps I may move on. I will add the caveat now that I added at the start: in the interests of time, I certainly will not get through all the questions put but, as this is such an important issue, I will write to noble Lords.

The noble Lord, Lord Bradshaw, and the noble Baroness, Lady Randerson, raised the issue of rolling stock. I assure them that no decisions have yet been made on the form of rolling stock that will be run on HS2 but I will keep the House informed in this respect. The noble Lord also raised links between Euston and St Pancras. I refer him to the study that the Government published on this very subject on 30 November last year. It set out the plans for a pedestrian link between the two stations.

The noble Lords, Lord Bradshaw and Lord Berkeley, raised the issue of the Euston express. I respect their passion for this idea—a concept presented to the Commons Select Committee but rejected by it. The key issues raised by this proposal were its detrimental impact on existing rail services on the west coast main line, that it does not provide the same level of capacity and that it would extend the construction period by around two years and add further costs to the scheme.

The noble Lords also referred to the order in which the petitions will be taken. I am grateful that the noble Lord, Lord Berkeley, spoke to the Motions in his main contribution. For completeness, if I may, the Committee of Selection will appoint noble Lords to the HS2 Select Committee. It is for that Select Committee itself to determine the order in which to hear petitions. Given the scale of the task before it, it is only right that the Select Committee has the opportunity to consider how it wants to organise its business. I do not think it appropriate for the House to dictate the order in which the Select Committee hears petitions. That said, although it is for the committee to determine such matters, we would propose that petitions relating to Camden, for example—something which came up a number of times—should be taken following the Summer Recess. My understanding is that the London Borough of Camden does not currently want to be heard until the issues it has raised have been fully discussed.

The second Motion relates to independent advice on railway issues. I come back to a point that has been raised about the role of the two Select Committees. It is important again to put on record that we must acknowledge the distinction between the role of a Select Committee for hybrid Bills and a departmental or topical Select Committee. The latter has a broad remit and carries out inquiries usually on its own initiative. It is therefore normal and accepted that it would request independent advice and opinion from experts. A hybrid Bill Select Committee has a different purpose and acts in a quasi-judicial capacity, hearing evidence from both petitioners and promoters to reach a decision on the information presented. It is the responsibility of both promoters and petitioners to present their evidence, including that of expert witnesses on the subject where they feel it necessary, in a way that is readily understandable to the committee. To grant the HS2 Select Committee the power to appoint independent experts for advice would go against this convention. It is an important principle that the committee, like a court, considers the evidence presented to it in public, in accordance with the rules of the House, and this should not change. I trust that provides further detail on the Government’s view on the two Motions that have been tabled and are in front of us today.

I also thank the noble Baroness, Lady Valentine, and other noble Lords for their support of HS2. I have already talked about the importance of moving forward on this. The right reverend Prelate the Bishop of Coventry, among other noble Lords, raised issues around the environment. In particular, the right reverend Prelate raised the issue of burial grounds. I accept it is one of great sensitivity, and of course any human remains affected by phase 1 will be treated with dignity, respect and care. Two undertakings have been concluded in respect of the treatment of and approaches to human remains and monuments, which include a requirement to consult with the Archbishops’ Council. I of course fully understand and agree with the points on community and business engagement which the right reverend Prelate and others raised. We have undertaken extensive consultation and continue to do so through community events and direct contact where and when appropriate.

My noble friend Lord MacGregor brought some of his own personal magic to the debate. I assure him that HS2 is in discussions with the Stephenson Way Group and is aware of its issues, which I hope will be addressed without much further recourse. The noble Lords, Lord Prescott, Lord Lea and Lord Liddle, raised issues of northern devolution and connectivity. I will just summarise the Government’s position: investment is clear in the northern powerhouse, and we want to correct the historical underinvestment and imbalance which has occurred. That is why, as well as devolving power to the north, we are investing a further £13 billion in northern transport, including on improving road access to our ports in both Liverpool and the Humber.

The noble Lord, Lord Stevenson, and my noble friends Lord Framlingham and Lady Pidding all raised issues concerning the environment. In the interests of time, I will write specifically to them on that. Other noble Lords raised similar issues and I assure them that I will cover those in detail in a letter. The noble Baroness, Lady Young of Old Scone, talked about woodlands and was of course right to point out that once ancient woodlands are gone, they are irreplaceable. She talked of some innovative practices which are being undertaken. Those are certainly being encouraged further to reduce any impacts, and mitigation of environmental issues is being looked at extensively. Again, in the interests of time I will write to her to pick up on the outstanding questions.

I thank the noble Lord, Lord Lea, for his supportive comments. He responded to the noble Lord, Lord Rowe- Beddoe, about the Government’s response to the issues raised by the Lords Economic Affairs Committee. I remind noble Lords that the committee reported on 25 March last year, and the Government responded in July. Certainly every issue that the committee raised was taken point by point. After reviewing his comments, I shall write to him if I can provide any other detail. I assure all noble Lords that the cost of the full HS2 network, revised at 2015 costs, is £55.7 billion. As I said earlier to the noble Lord, Lord Birt, that is equivalent to 0.14% of GDP in 2016. We believe that our plans have the right balance in terms of journey times and delivering value for money, and a full HS2 Y network will deliver the benefit-cost ratio that we have set out.

The noble Viscount, Lord Simon, pointed to certain concerns he has about HS2, particularly about the benefits beyond London. Some 60% of the benefits of the full HS2 network are generated by trips that originate outside London and the south-east, and he will also be aware that many of the jobs created will relate to HS2 outside London and the south-east.

The noble Lord, Lord Turnbull, raised issues about additional provision 3, as proposed by the promoter in the other place, which dealt with construction impacts in Camden and Euston station. Again, in the interests of time, I shall write to the noble Lord about that.

I once again thank all noble Lords for their contributions this afternoon to what has been an extensive and expert debate. It is important, as noble Lords have requested, that clarity is provided on the detail of the Select Committee. That is an important point for us all to consider. Equally, although there are some reservations that I take on board, the general sense within your Lordships’ House is of supporting a project that the Government believe is important in tackling capacity and other issues that our railways face, to ensure that they are brought into the 21st century. This project will create jobs, support growth and help to rebalance our economy. As many noble Lords have acknowledged, the Bill is not just about delivering a new runway—I mean, a new railway. That was a Freudian slip. That is what happens, four and a half hours in. I am reminded that I have a Question coming up on that very issue, and the noble Baroness, Lady Valentine, may well contribute to it. Let me put it straight for the record—I mean a new railway. It is an investment towards a better future and now is the time to secure it.

On a final point, because it would be remiss of me not to, I would be delighted to take up the invitation of my noble friend Lord Fowler, who said that we could travel down to Wimbledon together. I shall be travelling up and then travelling down with him. I assure him that, given the challenges that people face, not just in Wimbledon but throughout our networks, whether they require disabled access or are young mothers with children, young fathers with children, or families with young children, as I have myself, it is important that we provide and facilitate access to our stations network.

I thank noble Lords once again for their extensive and expert contributions, and I commend the Bill to the House.

Bill read a second time and committed to a Select Committee.

--- Later in debate ---

[Lord Berkeley]

My Lords, before I decide whether to move this Motion, first I should say that I am very happy with the Minister’s answer to the first Motion. I think that it is perfectly reasonable that the Select Committee should be able to decide itself the order in which it considers evidence. However, could he clarify in respect of the second Motion, if the committee subsequently wanted to have a special adviser, whether it would need an instruction from the House or whether it could do it on its own initiative?

[Lord Ahmad of Wimbledon]

My Lords, I hope that the noble Lord will agree with me, as I am mindful of the previous questions about the role of the Select Committee, that if I can cover that matter I shall include it in my response in writing. I trust that that will satisfy him for the time being.

[Lord Berkeley]

On the basis that I can always put this same Motion down another time, I shall not move it now.

Buses: Concessionary Fares

Lord Ahmad of Wimbledon Excerpts

Wednesday 13th April 2016 Lords Chamber

[Baroness Randerson]

To ask Her Majesty’s Government whether they plan to introduce a standard system of concessionary fares for young people travelling by bus in England.

[The Parliamentary Under-Secretary of State, Department for Transport and Home Office (Lord Ahmad of Wimbledon) (Con)]

My Lords, the Government have no current plans to introduce a standard system of concessionary fares for young people travelling by bus in England. However, I take this opportunity to reiterate the Government’s continued commitment to protect the free bus pass.

[Baroness Randerson (LD)]

My Lords, young people are twice as likely as the rest of us to rely on buses. They use them to access education and work. Some councils and bus companies provide concessions, but the situation is very patchy. Does the Minister agree that we should provide all young people with a standard entitlement to reduced fares, along the lines used in Wales as a result of Liberal Democrat influence? Given that concessions to older people have proved very popular, as the Minister will know, is it not time that we played fair by young people by giving them a similar scheme?

[Lord Ahmad of Wimbledon]

First, I am fully aware of the scheme in Wales. For the record—I am sure the noble Baroness acknowledges this—it is both a Liberal Democrat and a Labour initiative in Wales. We are always magnanimous from the Dispatch Box.

Coming to the more central point, the noble Baroness is quite right to raise the issue of young people’s travel. I appreciate the challenges that she has put into context. Across England, there are about 89 concessionary travel programmes outside London, of which about 22 currently practise young people’s schemes. We look to ensure that good practice is shared; at the moment, as I said, no plans are being made for statutory provision across the country.

[Baroness Corston (Lab)]

The Select Committee on Social Mobility of your Lordships’ House, which I have the privilege to chair, reported last week on the transition from school to work. Evidence that we took from organisations, including Barnardo’s, was that young people who live in rural areas who would like to go to FE colleges or take up apprenticeships are prevented from doing so because of the cost of transport. Surely, young people like that, if the Government are truly honest in their apprenticeship levy, should be given the opportunity to get to training or study with some kind of concessionary scheme.

[Lord Ahmad of Wimbledon]

I will review the recommendations of the noble Baroness’s full report, which I have not yet done, and perhaps we can meet in that regard after I have done so. But she is quite right—I agree with her that we need to ensure concessionary schemes across the country that provide good open access to all those who require it. However, we also need to emphasise the point that local authorities carry responsibility in this regard.

[Lord Fowler (Con)]

My Lords, would not it be sensible to look at the whole free bus scheme again and try to make some distinction between those who can afford to pay a full fare and people—such as children—who, very often, cannot?

[Lord Ahmad of Wimbledon]

Affordability is an important issue to recognise. Of course, the definition is one area that sometimes causes confusion, because there are different definitions in different concessionary schemes of what constitutes a young person. I shall certainly take on board what my noble friend says. Anecdotally, for example, even across Europe, I was Spain recently, only to be confronted by a Spanish inspector who had no English—and I speak very little Spanish—who told me that my four year-old was required to pay an adult fare. Perhaps we need to look at these schemes in a wider context.

[Baroness Maddock (LD)]

Is the Minister aware that help with transport costs for young people is particularly important in rural areas, where the population is very sparsely spread? Is he aware that, if you are a young person in my home town of Berwick-upon-Tweed, it is 50 miles and two hours by bus to your nearest FE college, and 67 miles by train—which is even more expensive—to Newcastle? Is he also aware that, because of this, take-up of FE for training and skills continues to be below the national average in our area, and has been for a long time?

[Lord Ahmad of Wimbledon]

I am aware now of the situation in the noble Baroness’s area, as she has highlighted it. As I have said, we look towards local authorities to see what can be done. While I accept that we live in challenging times in terms of their settlements, they nevertheless have a responsibility to provide for local people in their area.

On rail, there is of course the railcard, which is something that is sustained and available to many people, and is utilised. There are very good examples across the country of good concessionary schemes on buses within urban cities, which can perhaps be shared across rural areas as well.

[Lord Rosser (Lab)]

The Government’s own figures show that since 2010 the number of transport authorities providing a concessionary youth scheme has fallen from 29 to 22—a reflection, no doubt, of the financial hammering taken by local authorities under the coalition Government and continuing under this Government. In the light of the question asked by my noble friend Lady Corston, what assessment have the Government made of the impact of the differing provision, including non-provision, of concessionary fares for young people between transport authority areas, including the impact on their opportunities in further education and employment?

[Lord Ahmad of Wimbledon]

I am not aware of a specific overall review that has been done, but the noble Lord is right to point out that the number of young persons’ schemes have dropped over the last few years. As I have said, we are looking through the various other changes that we are making in local government financing, including the recent announcements on issues such as business rates, to empower local authorities to prioritise what they believe are the correct schemes.

[Baroness Redfern (Con)]

My Lords, in agreeing with the Minister, I can say that North Lincolnshire provides a concessionary scheme for young people. We are a rural area and we know that it is very difficult to access FE colleges. No young person should be denied an opportunity to go further with their education. So although budgets are tight for local authorities, we provide that scheme.

[Lord Ahmad of Wimbledon]

The best answer I can give to my noble friend is that, again, that highlights responsible local authorities prioritising the schemes that they think should be prioritised.

[Lord West of Spithead (Lab)]

My Lords, have the Government made any assessment of the cost to business in London of delays to buses and to people on those buses caused by the devastation of the road network caused by Mayor Boris Johnson?

[Lord Ahmad of Wimbledon]

Normally when the noble Lord rises to his feet it is a history lesson. However, he points to the challenges posed by construction taking place for the cycle lanes and by other construction in London. I will review this issue with TfL and write to him.