High Speed Rail (London – West Midlands) Bill
Cheryl Gillan Excerpts(8 years, 1 month ago)
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Andy McDonald
No, I am going to move on.
We have heard the Prime Minister, the Chancellor, the Secretary of State for Transport and others speak in glowing terms about how High Speed 2, when completed, will be a proud national achievement, and I completely agree with that. The scale of the project, the amount of talent that will be utilised in its design and construction, and the dedication over the years ahead will be a mark of pride, and represent a proud feat of British engineering and ingenuity.
It is my contention that if we, as a nation, are good enough to build a world-class high-speed railway, then we are good enough to run it, too. From the initial privatisation to the Government’s re-franchising of the east coast main line, Tory rail policy has always been far too focused on its “private good, public bad” ideology. However, new clause 20 would not require the sort of Damascene conversion that we witnessed from the right hon. Member for Chingford and Woodford Green (Mr Duncan Smith) earlier this week. It asks only that the Government keep an open mind. New clause 20 would allow, but not require, High Speed 2 passenger services to be run in the public sector. A similar clause was part of the Crossrail Act 2008, leaving open the option to run passenger services in the public sector. Indeed, we have worded this new clause so that it is as similar as possible to section 26 of the 2008 Act.
May I remind the Minister and the House that the Conservative party did not reject the idea of at least keeping an open mind about who might be the best operator to run Crossrail—or the Elizabeth line—in future years, and it would be disappointing to see the Conservative party move from a position of pragmatism to one of sheer ideology. It would be talking Britain down to suggest that private companies and the state-owned rail companies of the Netherlands, France and Germany are able to run successfully passenger services on our railways, but we ourselves are not. I hope that the Government do not have such a pessimistic view of our capabilities as a nation and will vote in favour of new clause 20.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
It was disheartening to hear the Minister dismiss my amendments in this group before hearing what I had to say, although I am grateful to him for acknowledging that over the past six years I have fought for my constituents and their rights and interests in the face of opposition from many people outside this House. My new clauses in this group are practical and sensible and will, I think, assist my constituents and others up and down the line.
New clause 1 is about local authority finance. Local authorities the length of the HS2 route have received no extra help to support their work on this major infrastructure project. The burden on my two local councils, Buckinghamshire County Council and Chiltern District Council, has been enormous, but the new clause would also apply to other councils.
Buckinghamshire County Council is naturally concerned that without central Government intervention and help its costs will continue to escalate. If the last six years are anything to go by, they certainly will. The county council’s outturn figure for 2015-16 is nearly £520,000 for costs relating to the legal petitioning process, engagement with HS2 Ltd and getting the best deal for Buckinghamshire residents. The council has just submitted the recharge to HS2 Ltd on the current memorandum of understanding and can recoup barely £10,000 for the last year. Why must taxpayers in Chesham and Amersham and elsewhere not only pay for this railway to be built, but pay again through their council tax for their local authorities to carry out inescapable pre and post-construction work for which they get very little help or none at all? Over the past six years, Chiltern District Council has spent nearly £1.18 million on complying with HS2 requirements —a huge amount for a district authority.
Councils have paid out literally millions in the past six years. The costs will only grow during the construction phase and there is no guarantee that local authorities will be fully recompensed. They would appreciate a clear, legally enforceable commitment from the Government that the extra burden will be recognised, particularly in the light of the local government finance settlement. My county, Buckinghamshire, was heavily affected by the settlement. It was only through myself and other Buckinghamshire MPs making very strong representations that we got some increased moneys for our local authorities. If accepted, new clause 1 would ensure security for our local authorities along the whole route where service agreements do not provide additional funding, received by the end of the year. The Minister should appreciate that I am asking for statutory and legally enforceable requirements because there is great distrust of the process so far. I think it is essential to enshrine the provision in statute, so that it is legally enforceable.
New clause 2 is designed to give statutory enforceability to the Department for Transport’s intention to reimburse local authorities for highways repair costs consequential on the construction of HS2.
Sir Henry Bellingham
Is my right hon. Friend aware that the Select Committee pressed HS2 hard on reimbursement to highways authorities regarding damage to verges, culverts, drains, inspection covers and so on, and the company gave a very positive response? New clause 2 is a belt-and-braces provision. Does she agree that HS2 has already given quite firm commitments?
Mrs Gillan
I appreciate the work my hon. Friend did on the Select Committee. He is correct that there are undertakings, but they are not enforceable and I am afraid that HS2 does not have a good track record of either keeping good records and accurate information or of following through on its promises, hence my decision to table the new clauses. If HS2 is in good faith going to adhere to those undertakings, it should have no fear of their being put in the Bill. That is why I do not think it is unreasonable to expect the new clauses to be accepted.
John Redwood
My right hon. Friend might like to point out that there are 65 pages of road and footpath closures scheduled in the Bill and 67 pages of associated works to existing roads, railways and utilities. The work is massive in scale and, obviously, all those involved will need compensation.
Mrs Gillan
My right hon. Friend is absolutely correct. Perhaps that shows the scale of the battle that has been going on for six years, in which people are trying to defend their environment and locality or, if they cannot have the whole project cancelled, at least to get the best possible deal for their locality.
Victoria Prentis (Banbury) (Con)
In my constituency, we have had significant problems in engaging with HS2—and not just me as the Member of Parliament; the county council and the district council have simply not had their letters answered. That gives us no assurance that HS2 will engage in a timely fashion with those who have to use the roads every day.
Mrs Gillan
My hon. Friend makes a point that is entirely familiar to me and many other people along the line of the route. That is why I want these not unreasonable assurances to be put in the Bill.
Mr Dominic Grieve (Beaconsfield) (Con)
It seems to me rather strange that the Government will not accept the amendments. The history of statutory undertakers doing work on highways shows without any difficulty the shoddy restoration that takes place afterwards. In this case, we are talking of a massive project involving many miles of roads that will require repair. My right hon. Friend may agree that the assurances being given ought to be reinforced by statutory powers.
Mrs Gillan
Any addition to my right hon. and learned Friend’s point would be otiose. He is absolutely correct.
Andrew Bridgen
May I take my right hon. Friend back to the point about HS2 liaising with the public? Is she aware of the damning ombudsman’s report that came out last night, which stated that HS2 regarded consultation as merely a box-ticking exercise?
Mrs Gillan
I drew the House’s attention to that report in a point of order. The report is appended to today’s debate, but of course there was no possibility of tabling amendments that referred to that report in an attempt to alter HS2’s behaviour.
New clause 2 is designed to ensure that all local authorities are properly compensated for any damage to roads as a result of HS2 constructions. As others have confirmed, that vital safeguard should be added to the Bill. The Secretary of State, who is now in his place on the Front Bench, visited my constituency earlier this month and saw at first hand some of the problems that my constituents face. I am grateful for that visit. He also saw the problems we have in Buckinghamshire with potholes. I am particularly concerned about the roads in and around Great Missenden. Quite by chance, my right hon. Friend witnessed maintenance works being carried out on those roads during his visit.
Buckinghamshire County Council highways authority estimates that it will spend about £7.5 million on pothole-related maintenance over the next five years. That figure takes no account of patching, resurfacing, drainage, road sweeping and other related costs. I believe that considerable additional costs will arise from the large number of heavy goods vehicles pounding their way up and down some of Buckinghamshire’s fragile roads. Local authorities may well be reimbursed for reasonable costs, but what are reasonable costs? I want them to be reimbursed fully and I want that to be enshrined in statute, to make sure that the provision is both sufficient and justiciable.
New clause 3 is intended to increase the amounts allocated by the Department for Transport to the business and local economy fund and the community and environment fund from £30 million to £150 million. The £30 million originally announced for those funds to assist those affected by HS2 has been felt across the board to be meagre and insufficient, especially as the funding is intended to cover the entire route of phase 1. The Select Committee acknowledged the significant shortfall and the Government’s response to its final report stated that the sum would be increased to £40 million. I contend that that is not enough. The impacts of the project will be long standing and severe for the environment, local authorities and communities. Through new clause 3, I propose that the funding be increased to £150 million to give those affected the compensation they deserve and to ensure that adverse effects are minimised.
Sir William Cash
Both of us have signed new clause 33 on compensation by reference to a property bond. I wanted to put that on the record. My right hon. Friend is doing a great job, and I do not want to take up the time of the House to refer to new clause 33, knowing that she agrees with me.
Mrs Gillan
I am grateful to my hon. Friend, and grateful for the support that I have received from colleagues across the piece.
On new clause 3, there is currently no information on how the funds will be divided, which areas will be prioritised or how the money could be spent. There is also no clarification of whether, for example, the funds to be allocated will include the moneys already allocated to the Colne valley. Will those come out of this funding envelope? There has been a suggestion that the money will be delivered locally through local enterprise partnerships, but that would be most unsuitable. In Buckinghamshire, for example, we have two overlapping LEPs. How would the money be administered? I think it should be kept separate from the LEPs and genuinely given to local groups so that they can decide how best to distribute the funds. I urge the Minister both to increase the funds and to provide further details on how they will be administered.
The last new clause to which I shall speak in this group is new clause 4, which deals with compensation. All the MPs who have constituencies along the route will know that compensation issues have caused great worry and stress to our constituents, and many of the recommendations of the HS2 hybrid Bill Select Committee, although welcome, have yet to translate into changes to the schemes. The Select Committee’s report in February 2016 stated that
“the Government said that it would work to implement a revised process for the valuation of properties for ‘Need to Sell’ that will allow more local valuers to be used”.
That review was promised for autumn last year, but we are still waiting.
The Department for Transport’s response to the Select Committee report is silent on the valuation point, and although a response was promised before Third Reading, when I last looked I had not yet received that. I may be wrong—HS2 tends to slip out its documents just in time for debates, which I think is poor practice. In this case such poor practice is affecting people’s lives. Implementing a fair valuation process for property owners who are receiving unacceptably low offers from HS2 is of paramount importance.
I still have a large number of constituents who have been negotiating with HS2 for months to get a fair price for their property, and I know from colleagues that it is a similar story up and down the route. I have been appalled at the treatment of individuals, who have had to employ expensive lawyers even to get timely and rational answers from those employed by HS2 or from HS2 itself. My colleagues and I have raised these points for years, yet there continues to be a litany of errors from HS2. There have been internal emails that are rude and disrespectful about constituents. The Public Administration and Constitutional Affairs Committee report published earlier today refers to the Parliamentary and Health Service Ombudsman report, which accused HS2 of being guilty of maladministration. I believe that that has characterised the way in which HS2 has dealt with people who have lost their houses, their businesses and their land.
Victoria Prentis
One of my greatest concerns about going forward without the Select Committee, which has been of enormous help to those of us whose constituents have been affected, is that there is nobody to help us mediate with HS2 Ltd and to encourage the company to respond to us in a timely fashion. There is no transparency about the way it does business. Does my right hon. Friend have any ideas to help us with this?
Mrs Gillan
The hon. Member for Middlesbrough (Andy McDonald) said today from the Opposition Dispatch Box that transparency would be the watchword for HS2. I agree with my hon. Friend—transparency has not been the watchword for HS2. Right from the beginning, when the Major Projects Authority’s reports were withheld from this House and from the Select Committee that considered the Bill, there has been the reverse of transparency. That is what is so distressing about this project; it could have been handled so much better. It has let many people down.
Finally—I know that others want to speak—new clause 4 is designed to ensure that valuers with local knowledge are included on the HS2 panel, and that all compensation applications are responded to substantively within 10 weeks to avoid long periods of uncertainty for property owners on the route.
I started by saying that I was disappointed that the Minister dismissed my amendments before even hearing what I had to say today, so I am not expecting any positive response. But I have learned always to walk in hope, even on the impossible project of HS2, and I invite the Minister to accept my amendments today and add them to the Bill, thereby showing that he has the respect that I believe this House should have for the people whose lives are affected so drastically by HS2.
Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)
High Speed 2 is extremely important and is necessary to expand capacity on a railway that is ever increasing in popularity. Where communities are adversely affected, they should be treated properly and there should be adequate compensation. The amount of that compensation is clearly a matter for judgment, and some of the amendments today address that.
It is exceedingly important, too, that the potential for jobs and economic development created by the building of High Speed 2 is maximised. That was one of the key points that the Transport Committee emphasised when we first looked at High Speed 2 back in 2011. We have published four reports on that since then. Back in 2011 the point considered in new clause 19 was emphasised. We supported High Speed 2 but highlighted the importance of maximising the job opportunities—jobs in the construction of the high-speed network or jobs opened up by economic development in the areas through which HS2 passes—and regional development. I am extremely pleased to see new clause 19 and pleased it has all-party support, because of the focus it puts on jobs.
Madam Deputy Speaker (Mrs Eleanor Laing)
With this it will be convenient to discuss the following:
New clause 7—Obligation to plant trees—
“(1) The nominated undertaker must publish plans to plant the Referenced Trees within the Construction Period and make arrangements for their maintenance for a period of 10 years from the commencement of services on Phase 1 of HS2.
(2) The nominated undertaker must provide an annual report to Parliament which shall specify—
(a) the progress made on planting of the Referenced Trees,
(b) the number and species of trees planted since the publication of the previous report,
(c) the position of the trees, groups of trees or woodlands, as the case may be, by reference to a map,
(d) the adequacy of arrangements to manage Referenced Trees which have been planted previously.
(3) In subsections (1) and (2) “Referenced Trees” shall mean the trees planted to meet the commitment of two million additional trees to be situated adjacent to Phase 1 of HS2 as set out in the environmental statement referenced in Clause 66(4). In subsection (1) Construction Period shall mean the period between commencement of the Scheduled Works and the commencement of operational service on Phase One of High Speed 2.”
New clause 8—Office of the HS2 Adjudicator—
“(1) There is to be a body corporate known as the Office of the HS2 Adjudicator hereinafter referred to as “the Adjudicator”.
(2) Schedule [Adjudicator: status and funding] (which makes further provision about the Adjudicator) shall have effect.
(3) The Adjudicator has the functions conferred on it by or under any enactment.
(4) Those functions include—
(a) enforced functions
(b) inspection functions,
(c) information functions.
(5) The main objective of the Adjudicator in performing its functions is to protect the natural environment and communities impacted by the construction and operation of Phase 1 of High Speed 2.
(6) The Adjudicator is to perform its functions for the general purpose of securing—
(a) the minimisation of adverse impacts on communities and the natural environment situated in locations affected by the construction or operation of Phase 1 of HS2,
(b) the provision of additional mitigation measures in the event the environmental impacts of the operation of HS2 are worse than as set out in the environmental statement prepared in accordance with section 66(4).”
New clause 9—Matters to which the Adjudicator must have regard—
“(1) In performing its functions the Adjudicator must have regard to—
(a) the views expressed by or on behalf of the members of the public or organisations about the environmental impacts of constructing Phase One of HS2,
(b) the views expressed by people affected by the construction and operation of Phase One of HS2,
(c) the views expressed by local authorities about the impact of constructing and operating Phase One of HS2 in their areas,
(d) the need to protect the natural environment and minimise environmental impacts arising from the construction and operation of Phase One of HS2,
(e) the need to ensure that any action by the Adjudicator in relation to its areas of responsibility is proportionate to the risks against which it would afford safeguards and is targeted only where it is needed,
(f) any developments in approaches to monitoring and mitigating environmental impacts arising from the construction or operation of Phase One of HS2,
(g) best practice among persons performing functions comparable to those of the Adjudicator (including the principles under which regulatory action should be transparent, accountable and consistent).
(2) In performing its functions the Adjudicator must also have regard to such aspects of government policy as the Secretary of State may direct.”
New clause 10—Statement on stakeholder involvement—
“(1) The Adjudicator must publish a statement describing how it proposes to—
(a) discharge its oversight requirements to ensure environmental outcomes reflect the forecasts set out in the environmental statement referenced in section 66(4),
(b) promote engagement and discussion with the nominated undertaker and impacted communities concerning adequate levels of mitigation,
(c) ensure that proper regard is had to views expressed by non-government organisations and local authorities concerning the environmental impacts arising from the construction and operation of Phase One of High Speed 2,
(d) arrange for accurate regular reporting of environmental impacts arising from the construction of the scheduled works and operation of Phase One of High Speed 2.
(2) The Adjudicator may from time to time revise the statement and must publish any revised statement.
(3) Before publishing the statement (or any revised) statement the Adjudicator must consult such persons it considers appropriate.”
New clause 11—Compliance with requirements—
“(1) The Adjudicator will keep under review compliance by HS2 Ltd, the nominated undertaker and its contractors with the standards detailed in the environmental statement, Environmental Minimum Requirements and the Code of Construction Practice and the assurances and undertakings provided by the Secretary of State on HS2 and Information Papers prepared by HS2 Ltd (collectively the “environmental documents”).
(2) If it appears to the Adjudicator that any person has failed or is likely to fail to comply with any requirements for which he is responsible set out in the environmental documents relating to the construction or operation of Phase One of High Speed 2, the Adjudicator (hereinafter referred to in this section as the “relevant requirements”) may address to that person an enforcement notice.
(3) An enforcement notice comes into effect 36 hours after it is published on the website of the Adjudicator.
(4) The Adjudicator must also transmit an electronic version to HS2 Ltd, any nominated undertaker or contractor to the aforementioned, or local authority who has supplied to the Adjudicator an email address for this purpose.
(5) An enforcement notice must also be placed on a hard copy register maintained at such a location as the Adjudicator may determine.
(6) An enforcement notice is a notice in writing—
(a) specifying the matters which appears to the Adjudicator to constitute a failure to comply with the relevant requirements set out in the environmental documents, and
(b) prohibiting the recurrence or occurrence of those matters and requiring the person to whom it is addressed to carry out any specified works or take any steps which the Adjudicator considers necessary to ensure compliance with the relevant requirements detailed in the environmental documents.
(7) Where any person suffers loss or damage as a result of any matter specified in an enforcement notice, whether that loss or damage occurs before or after the service of the enforcement notice, he may recover damages for that loss or damage in a civil court from the person on whom the enforcement notice was served
(8) It shall be a defence to any claim under subsection (7) above to prove that the matters alleged to constitute non compliance have not occurred or that they do not constitute non compliance with the relevant requirements
(9) If any person fails to comply with the requirements of an enforcement notice he shall be guilty of an offence.
(10) A person guilty of an offence under this section shall be punishable on summary conviction by a fine not exceeding £20,000 and on conviction on indictment to a fine.
(11) It shall be a defence to any criminal proceedings under subsection (9) claim to prove that—
(a) the matters alleged to constitute non compliance have not occurred,
(b) that they do not constitute non compliance with the relevant requirements or that any required works or steps were not necessary to achieve compliance with the relevant requirements or
(c) that despite due diligence he was unaware of the provision of the notice.
(12) Where an offence under any provision of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.”
New clause 12—Inspections and studies—
“(1) The Adjudicator may for the purposes of its regulatory functions carry out inspections of—
(a) the carrying on of the Scheduled Works, or
(b) the operation of any train travelling on Phase One of HS2.
(2) The Adjudicator may undertake or promote comparative or other studies designed to enable it to make recommendations—
(a) for improving sustainability and effectiveness in any activity mentioned in subsection (3), or
(b) for improving the management of environmental outcomes arising from the operation of Phase One of HS2.
(3) Those activities are—
(a) the undertaking of construction activity by HS2 Ltd or a nominated undertaker,
(b) the making of arrangements by HS2 Ltd or a nominated undertaker for the purpose of environmental mitigation.
(4) The Adjudicator may also undertake or promote studies designed to enable it to prepare reports as to the impact of—
(a) the operation of any particular statutory provisions, or
(b) any directions or guidance given by a Minister of the Crown (whether pursuant to any such provisions or otherwise),
on economy, efficiency and effectiveness in an activity mentioned in subsection (3)(a) or (b).
(5) The Adjudicator must undertake or promote a study falling within subsection (2) or (4) if the Secretary of State so requests.
(6) The Adjudicator must publish—
(a) any recommendations made by it under subsection (2) and
(b) the result of any studies undertaken or promoted under that section.
(7) The Secretary of State may, after consulting the Adjudicator, by regulations make provisions as to the procedure to be followed in respect of the making of representatives to the Adjudicator before the publication under subsection (2) of any recommendations or the result of any studies.”
New clause 13—Power to require documents, information returns etc.—
“(1) The Adjudicator may require any person mentioned in subsection (2) to provide it with any information, documents, records or other items which the Adjudicator considers it necessary or expedient to have for the purposes of any of its regulatory functions.
(2) The persons are—
(a) HS2 Limited,
(b) a nominated undertaker,
(c) any contractor appointed by HS2 Limited or a nominated undertaker.
(3) The power in subsection (1) to require the provision of information, documents or records includes, in relation to information, documents or records kept by means of a computer, power to require the provision of the information, documents or records in legible form.
(4) The Adjudicator may require a nominated undertaker to make a return to the Adjudicator at such intervals as may be prescribed.
(5) Provision may be made in such requirements as to the contents of the return and the period in respect of which and date by which it is to be made.”
New clause 14—Information and advice—
“(1) The Adjudicator must keep the Secretary of State informed about the following matters—
(a) the environmental impact of constructing Phase 1 of HS2 and whether such impacts reflect the forecasts detailed in the Environmental Statement;
(b) the impact on communities and the natural environment arising from the construction and operation of HS2;
(c) the carrying on of regulated activities.
(2) The Adjudicator may at any time give the Secretary of State advice on anything connected with those matters.
(3) When requested to do so by the Secretary of State, the Adjudicator must give the Secretary of State such advice or information in connection with a matter mentioned in subsection (1) as may be specified in the request.”
New clause 15—Provision of copies of registers—
“(1) Subject to subsection (3), the Adjudicator must secure that copies of any register kept for the purposes of this Act are available at its offices for inspection at all reasonable times by any person.
(2) Subject to subsections (3) and (4), any person who asks the Adjudicator for a copy of, or an extract from, a register kept for the purposes of this Chapter is entitled to have one.
(3) Regulations may provide that subsections (1) and (2) do not apply—
(a) in such circumstances as may be prescribed, or
(b) to such parts of a register as may be prescribed.
(4) A fee determined by the Adjudicator is payable for the copy or extract except—
(a) in prescribed circumstances, or
(b) in any case where the Adjudicator considers it appropriate to provide the copy or extract free of charge.”
New clause 16—Speed and Noise Limitation—
“(1) No person shall drive or cause or permit any train to proceed at a speed greater than 300 km/h on track forming part of Phase One of High Speed 2 except to the extent that the maximum peak noise level arising from train passage, when measured according to a procedure defined by the Secretary of State on the basis of representative train passages and locations, does not exceed 60dBA at any point further than 200m from the centre line of the railway.
(2) If any person fails to comply with the requirements of subsection (1) he shall be guilty of an offence.
(3) A person guilty of an offence under this section shall be punishable on summary conviction by a fine not exceeding £20,000 and on conviction on indictment to a fine.
(4) Where an offence under any provision of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.”
New clause 17—Prohibition of entry of designated vehicles in designated areas—
“(1) No person shall for the purposes of the exercise of powers granted under sections 1 and 2 drive or cause or permit a vehicle of a designated class to enter a designated area, where “designated class” and “designated area” are as defined in [Schedule: Designated Areas and Classes for Vehicles].
(2) If any person fails to comply with the requirements of subsection (1) he shall be guilty of an offence.
(3) A person guilty of an offence under this section shall be punishable on summary conviction by a fine not exceeding £20,000 and on conviction on indictment to a fine.
(4) Where an offence under any provision of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.”
New clause 22—Construction of an integrated Euston Station—
“(1) The Secretary of State will require the nominated undertaker to take reasonable steps to develop integrated and comprehensive design and construction plans for Euston Station that include integration with other Euston Schemes.
(2) For the purposes of subsection (1) “reasonable steps” mean, but are not limited to, the following measures—
(a) The nominated undertaker will seek to maximise, in so far as is reasonably practicable, the volume of excavated and construction material from the construction of the enlarged Euston Station and its approaches to be brought in and removed by rail;
(b) The nominated undertaker will design an enlarged HS2 Euston Station having regard to all relevant parts of the Euston Area Plan and any other relevant Opportunity Area Frameworks or Guidance,
(c) The nominated undertaker will be required to participate in the Euston Strategic Board, which shall comprise representatives from the Department for Transport, HS2 Limited, the London Borough of Camden, the Greater London Authority, Transport for London, and in any successor or additional future governance arrangements which may be agreed between the London Borough of Camden, and the Greater London Authority and Transport for London from time to time,
(d) The nominated undertaker will be required to participate in a Euston Station Strategic Redevelopment Board which shall have the same membership as specified in subsection (2)(c), with the addition of Network Rail and any successor network and station operators, designated under Section 8 of the Railways Act 1993 and having responsibility for Euston Main Line Station or rail tracks that connect to that station,
(e) The Euston Station Strategic Redevelopment Board will advise the Secretary of State on the delivery of an integrated and comprehensive design for the enlarged Euston Station and other Euston Schemes, alongside other duties which may be set out in its Terms of Reference which may be updated from time to time;
(f) The nominated undertaker will be required to participate in a Euston Integrated Programme Board, the membership of which shall include the organisations specified in subsection (2)(b);
(g) The Euston Integrated Programme Board shall have responsibility for managing the integration of the nominated undertaker’s Euston Station design and construction work plans with proposals for other Euston Schemes;
(h) The nominated undertaker will be required to take all reasonable steps to maintain public access to Euston Station and through construction sites that are established for Phase One purposes, including for cyclists and pedestrians;
(i) Where it is not reasonably practicable to maintain public access under subsection (2)(h), the nominated undertaker shall identify alternative measures to maintain public access and implement them where it is reasonable;
(j) The nominated undertaker will be required to participate in a Euston Station Design Panel and use reasonable endeavours to agree the chairperson and other members jointly with Camden London Borough Council, Transport for London and the Greater London Authority, and Network Rail or any successor network operator as defined in subsection (2)(d);
(k) The Secretary of State will require the nominated undertaker to have regard to all recommendations made by the Euston Station Design Panel regarding the nominated undertaker’s ongoing design work for Euston Station,
(l) If requested to do so by the Euston Station Design Panel, the Secretary of State will require the nominated undertaker to notify Camden London Borough Council and the Greater London Authority of the full reasons for failing to incorporate into its design work any changes recommended by the Euston Station Design Panel,
(m) The nominated undertaker will make provision for ongoing community engagement during the construction works for the enlarged Euston Station,
(n) Details of the funding expected to be required to rebuild Euston Main Line Station shall be set out when the Secretary of State’s duties are fulfilled under paragraph 1(D)(1) of Schedule 4A to the Railways Act 1993 in respect of the review periods preceding the rebuild of Euston Main Line Station and the review periods during which the rebuild of Euston Main Line Station is expected to take place,
(3) For the purposes of subsection (1), “Euston Schemes” shall be taken to mean—
(a) The enlarged Euston Station as referred to in Schedule 1 to this Act,
(b) The rebuild of the Euston Main Line Station,
(c) Over site development and related development opportunities above the Euston Station and tracks in line with the Euston Area Plan; and
(d) Additional proposals for new subterranean railways that may be introduced by the Greater London Authority or Transport for London during the Phase One construction period.
(4) Nothing in this section shall override other limitations imposed by this Act.”
New clause 23—Noise and visual mitigation at Mixbury, Oxfordshire—
“(1) The Secretary of State shall require the nominated undertaker to construct, at Mixbury in Oxfordshire, along the west side of the railway’s Hollow Barn embankment, a noise barrier of height between 1.4 metres and 2 metres and of equivalent specification to the noise barrier to be constructed at Westbury.
(2) The area between the Hollow Barn embankment and bridleway no. 303/4 shall be planted with tree screening such that within five years of construction there shall be a tree height adjacent to the embankment of at least 5 metres.”
New clause 24—Benefit/cost review of potential Wardington bypass—
“(1) The Secretary of State shall commission a review of the potential benefits of constructing a road bypass on the A361 at Wardington in Oxfordshire.
(2) The review shall have regard to possible alleviation of HS2 construction traffic and other traffic, and to other alternatives for such alleviation.
(3) The review shall include estimates of the costs of construction of a bypass and other relevant costs.
(4) The Secretary of State must lay a report on the outcome of the review before both Houses of Parliament.
(a) within three months of this Act receiving Royal Assent; and
(b) before commencement of any HS2 construction works necessitating more than 24 heavy goods vehicle movements through Wardington, per day.”
New clause 25—Protection of bridleways in Oxfordshire—
“(1) The nominated undertaker shall take all reasonably practicable steps:
(a) to keep open bridleways in the vicinity of the railway and associated construction works in Oxfordshire; and
(b) to ensure that such bridleways are safely useable for their intended purposes.
(2) Where closure of a bridleway cannot be avoided, the nominated undertaker shall take all reasonably practicable steps:
(a) to keep the duration of the closure to a minimum; and
(b) to provide safe alternative routes on alignments which so far as reasonably practicable avoid proximity to construction works.
(3) Bridleways shall be screened from construction works with appropriately designed screening of a suitable height.
(4) The nominated undertaker shall consult with users of bridleways on suitable ways to implement the duties set forth in subsections (1) to (3).”
New clause 28—Kingsbury railhead special management zone—
“(1) There shall be a special management zone for the area of the Kingsbury railhead, which shall include the areas falling under the aegis of the Kingsbury, Lea Marston, Curdworth, Wishaw and Middleton parish councils and north Warwickshire as a whole.
(2) The nominated undertaker will employ a community engagement team for the special management zone, which shall have responsibility for managing community relations, including the referral, escalation, monitoring and resolution of complaints and the provision of timely information about the status of complaints.
(3) The community engagement team will arrange regular meetings of the nominated undertaker, lead contractors, local authorities and local community representatives to discuss construction issues and forthcoming programmes of work.
(4) The community engagement team shall provide advice on support mechanisms and shall implement the HS2 stakeholder engagement framework.
(5) The community engagement team will be staffed by appropriately experienced personnel and will include—
(a) a single point of contact for local authorities; and
(b) named individual points of contact for property owners affected by construction.
(6) Implementation and enforcement of the Code of Construction Practice within the Special Management Zone will be the responsibility of a senior manager within the community engagement team.
(7) The community engagement team will coordinate responses to the construction of Phase One alongside planning of Phase Two.”
New clause 29—Kingsbury railhead restoration—
“The Secretary of State must require the nominated undertaker, on completion of Phase One construction, to restore the land and environment at and in the vicinity of the Kingsbury railhead to its state as at the date of Royal Assent to this Act, notwithstanding that mitigation measures to be implemented during construction will include earthworks and bunding.”
New clause 31—Mitigation in environs of Old Oak Common—
“(1) Conservation areas in the vicinity of Old Oak Common shall be the subject of special consultation whose objective shall be to mitigate the long-term effects of construction in the area.
(2) The nominated undertaker will use reasonable endeavours to situate heavy goods vehicle entrances to the Old Oak Common construction site as far from residential dwellings in Stephenson Street, Wells House Road and Midland Terrace as is reasonably practicable.”
New clause 34—Mitigation of construction impacts at Canterbury Works vent shaft—
“(1) Commencement of construction work at the Canterbury Works vent shaft construction site shall be subject to there being already in place before construction a traffic management scheme.
(2) The traffic management scheme shall include a requirement that construction on the Canterbury Works site does not entail more than 100 individual heavy duty vehicle trips per day (50 arriving and 50 departing).
(3) It shall be a further requirement of the traffic management plan that trips to be made by heavy duty vehicles will avoid the beginning and end of the school day.
(4) The nominated undertaker will require that all heavy duty vehicles entering or employed within the London low emission zones be powered by Euro VI (or lower emission) engines.
(5) The nominated undertaker will undertake regular environmental assessments of dust levels on the premises of St Mary’s Catholic Primary School, particularly in recreational areas such as the playground.
(6) The nominated undertaker will consider on a monthly basis where further measures at source may be required in order to reduce the effects of pollution, and publish its findings.
(7) The Secretary of State will provide the local authorities in the area of the Canterbury Works with the funds they deem necessary for additional road safety measures to ensure children’s safety during construction.
(8) During construction, the nominated undertaker and its contractors must maintain a construction operations website and a telephone helpline staffed 24 hours a day, 7 days a week, to handle enquiries from the general public and local business regarding construction activities.
(9) A log shall be kept of all complaints relating to HS2 construction sites, whether those complaints are made to HS2, local authorities or the police, and all complaints, with HS2’s response and action taken in response, should be published prominently on HS2’s website.
(10) Where there is a pattern of repeated infringement of construction site conditions, HS2 will pay compensation to all those affected.
(11) Information regarding vent shaft construction effects and progress must be made clear through advertisements, on social media, email alerts, local radio and newspapers.
(12) Information services must be provided in languages appropriate to the needs of the area, using the results of a demographic survey.”
This new clause seeks to make mitigate the effects of construction at the Canterbury Works site, in particular in relation to air quality and child health and safety.
New clause 35—Mitigation of construction impacts at Alexandra Place—
“(1) The nominated undertaker will ensure that any HS2-related construction at the Alexandra Place vent shaft construction site complies with existing air pollution legislation.
(2) The nominated undertaker will explore the possibility of using Loudoun Road for the loading and unloading of heavy duty vehicles and of moving materials by rail on tracks running alongside the proposed vent shaft site and shall implement both possibilities to the full extent possible, with a preference for movement by rail.”
New schedule 1—Adjudicator: Status and Funding—
“1 The Adjudicator shall be a body corporate.
2 (1) Subject to sub-paragraph (3), the Adjudicator shall not be regarded as the servant or agent of the Crown or any enjoying any status immunity or privilege of the Crown.
(2) The members of the Adjudicator and of their staff shall not be regarded as civil servants and the Adjudicator’s property shall not be regarded as property of, or held on behalf of, the Crown.
(3) In relation to any matter as respects which the Adjudicator act by virtue of a direction under Section 1.3 the Adjudicator shall enjoy the same privileges, immunities and exemptions as those enjoyed in relation to that matter by the Secretary of State for Transport.
(4) Subject to the provisions of any enactment, the Adjudicator shall not be exempt from any tax, duty, rate, levy or other charge whatever (whether general or local).
(5) The Adjudicator shall receive such funds from the Secretary of State as he considers that it needs to perform its functions expeditiously and efficiently.
Membership
3 (1) The Adjudicator shall consist of not less than 8 and not more than 17 members.
(2) The members shall be appointed by the Secretary of State, who shall appoint one of them to be chairman and may appoint another of them to be deputy chairman.
(3) In appointing any member, the Secretary of State shall have regard to the desirability of the members as a whole having knowledge or experience of all the following, namely railway construction and operation, the preservation of cultural heritage, town and country planning, ecology, arboriculture, landscape, and air quality.
(4) In appointing members, the Secretary of State shall have regard to the desirability of at least one of them having knowledge of local government (as well as knowledge or experience of one or more of the subjects mentioned in sub-paragraph (3)).
(5) Subject to the following provisions of this paragraph, a chairman, deputy chairman or other member shall hold and vacate office in accordance with the terms of his appointment, but no member shall be appointed for a period of more than 5 years.
(6) A chairman, deputy chairman or member may resign his office by notice in writing addressed to the Secretary of State.
(7) If the Secretary of State is satisfied that a member—
(a) has been absent from meetings of the Adjudicator for a period longer than 3 consecutive months without the consent of the Adjudicator, or
(b) has become bankrupt or has made an arrangement with his creditors, or
(c) is incapacitated by physical or mental illness, or
(d) is otherwise unable or unfit to discharge the functions of a member,
the Secretary of State may remove him from his office
(8) If a chairman or deputy chairman ceases to be a member he shall also cease to be chairman or deputy chairman; and if a chairman or deputy chairman ceases to be chairman or deputy chairman he shall also cease to be a member.
(9) A person who ceases to be a member, otherwise than by virtue of sub-paragraph (7), or ceases to be chairman or deputy chairman, shall be eligible for re-appointment.
Staff
4 (1) There shall be a chief officer of the Adjudicator who shall be appointed by the Adjudicator with the approval of the Secretary of State.
(2) The chief officer shall be responsible to the Adjudicator for the general exercise of the Adjudicator’s functions and may, subject to the directions of the Adjudicator, exercise all the powers of the Adjudicator either himself or through nominated staff members.
(3) The Adjudicator may appoint such other employees as the Adjudicator thinks fit.
(4) The Adjudicator shall pay to their employees such remuneration and allowances as the Adjudicator may determine.
(5) The employees shall be appointed on such other terms and conditions as the Adjudicator may determine.
(6) The Adjudicator may pay such pensions, allowances or gratuities as they may determine to or in respect of any of their employees, make such payments as they may determine towards the provision of pensions, allowances or gratuities to or in respect of any of their employees or provide and maintain such schemes as they may determine (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of any of their employees.
(7) The references in sub-paragraph (6) to pensions, allowances or gratuities to or in respect of any employees include references to pensions, allowances or gratuities by way of compensation to or in respect of employees who suffer loss of office or employment.
(8) A determination under sub-paragraph (4), (5) or (6) is ineffective unless made with the approval of the Secretary of State given with the Treasury’s consent.
(9) The Adjudicator shall make, not later than such date as the Secretary of State may determine, an offer of employment by the Adjudicator to each person employed in the civil service of the State whose name is notified to the Adjudicator by the Secretary of State for the purposes of this paragraph.
(10) The terms of the offer shall be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.
(11) In determining whether the terms of the offer are more or less favourable to that person than those enjoyed by him on the date of the offer no account shall be taken of the fact that employment with the Adjudicator is not employment in the service of the Crown.
(12) An offer made in pursuance of this paragraph shall not be revocable during the period of 3 months beginning with the date on which it is made.
(13) Where a person becomes an employee of the Adjudicator in consequence of this paragraph, then, for the purposes of his period of employment in the civil service of the State shall count as a period of employment by the Adjudicator and the change of employment shall not break the continuity of the period of employment.
(14) Any dispute arising under this paragraph as to whether or not the terms of any employment offered by the Adjudicator are, taken as a whole, less favourable than those applying to a person’s employment in the civil service of the State shall be referred to and determined by an employment tribunal.
(15) An employment tribunal shall not consider a complaint whereby a dispute mentioned in sub-paragraph (6) is referred to it unless the complaint is presented to the tribunal before the end of the period of 3 months beginning with the date of the offer of employment or within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of the period of 3 months.
(16) An appeal shall lie to the Employment Appeal Tribunal on a question of law arising from any decision of, or arising in proceedings before, an employment tribunal under this paragraph; and no appeal shall lie except to the Employment Appeal Tribunal from any decision of an employment tribunal under this paragraph.
Proceedings
5 Subject to the following provisions of this Schedule, the Adjudicator may regulate their own procedure (including quorum).
6 (1) A member of the Adjudicator who is in any way directly or indirectly interested in a contract made or proposed to be made by the Adjudicator or by HS2 Limited or by any Nominated Undertaker appointed by the Secretary of State, or in any other matter which falls to be considered by the Adjudicator, shall disclose the nature of his interest at a meeting of the Adjudicator.
(2) The disclosure shall be recorded in the minutes of the meeting.
(3) A member shall not—
(a) where a contract in which the member is interested is under consideration, take part in the deliberations on or decision about the contract; and
(b) where any other matter in which the member is interested is under consideration, take part in the deliberations on or decision about the matter if the Adjudicator decide that the member’s interest might prejudicially affect his consideration of the matter.
(4) For the purposes of this paragraph, a notice given by a member at a meeting of the Adjudicator to the effect that he is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter concerning the body corporate or firm which falls to be considered after that date, shall be a sufficient disclosure of his interest.
(5) A member need not attend in person at a meeting of the Adjudicator in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration and read at such a meeting.
(6) The validity of any proceedings of the Adjudicator shall not be affected by any vacancy among the members, or by any defect in the appointment of any person as a member or chairman or deputy chairman, or by a failure to comply with paragraph 6.
Committees
7 (1) The Adjudicator shall constitute at least one committee to advise them on ecology and at least one to advise them on compliance by HS2 Ltd with its obligations under the Environmental Statement and at least one to advise them on the efficacy of such compensation schemes which are implemented by HS2 Ltd and the Department for Transport and may constitute other committees to advise them on those or other aspects of their functions.
(2) The Adjudicator may include as members of committees persons who are not members of the Adjudicator.
(3) The Adjudicator may regulate the proceedings (including quorum) of committees.
(4) The Adjudicator may pay to the members of any committee such reasonable allowances in respect of expenses or loss of remuneration as the Secretary of State may determine with the Treasury’s approval.
Instruments
8 (1) The fixing of the seal of the Adjudicator shall be authenticated by the signature of the chairman of or some other person authorised either generally or specially by the Adjudicator to act for that purpose.
(2) A document purporting to be duly executed under the seal of the Adjudicator, or to be signed on the Adjudicator’s behalf, shall be received in evidence and, unless the contrary is proved, be deemed to be so executed or signed.
Members Remuneration
9 (1) The Adjudicator shall pay to members of the Adjudicator such remuneration and such allowances in respect of expenses as the Secretary of State may determine with the Treasury’s approval.
(2) In the case of any such member or past member of the Adjudicator as the Secretary of State may with the Treasury’s approval determine, the Adjudicator shall pay such pension, allowance or gratuity to or in respect of him, or make such payment towards the provision of such a pension, allowance or gratuity, as the Secretary of State may so determine.
(3) Where a person ceases to be a member of the Adjudicator, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, with the Treasury’s approval, direct the Adjudicator to make to that person a payment of such amount as the Secretary of State may determine with the Treasury’s approval.
Accounts
10 (1) The Adjudicator shall keep proper accounts and proper records in relation to them.
(2) The Adjudicator shall prepare a statement of accounts in respect of each financial year.
(3) The statement shall give a true and fair view of the state of the Adjudicator’s affairs at the end of the financial year and of the Adjudicator’s income and expenditure in the financial year.
(4) The statement shall—
(a) be prepared within such period as the Secretary of State may direct; and
(b) comply with any directions given by the Secretary of State with the Treasury’s consent as to the information to be contained in the statement, the manner in which the information is to be presented or the methods and principles according to which the statement is to be prepared.
(5) The accounts in respect of each financial year ending on or before 31st March 2018 (including any statement of accounts in respect of each such financial year prepared under this paragraph) shall be audited by persons appointed in respect of each financial year by the Secretary of State.
(6) No person shall be appointed auditor under this paragraph unless he is—
(a) eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006; or
(b) a member of the Chartered Institute of Public Finance and Accountancy; but a firm may be so appointed if each of its members is qualified to be so appointed.
(7) Where the Adjudicator has prepared a statement of accounts in respect of a financial year ending on or after 31st March 2016, it must, as soon as reasonably practicable after the end of the financial year to which the statement relates, send a copy of the statement to the Comptroller and Auditor General.
(8) The Comptroller and Auditor General shall examine, certify and report on any statement of accounts sent to him under sub-paragraph (7).
(9) In this paragraph “financial year” means the period commencing with the day of the Adjudicator’s establishment and ending with the second 31 March following that day, and each successive period of 12 months.
Information
11 (1) The Adjudicator shall make to the Secretary of State, as soon as may be practicable after the end of each financial year, a report on the exercise of their functions since the last report was made or (in the case of the first) since the Adjudicator’s establishment.
(2) Each report shall include a copy of the statement of accounts prepared and audited under paragraph 11 in respect of the financial year and, where the statement has been audited by the Comptroller and Auditor General, a copy of his report on it.
(3) Each report of the Adjudicator shall include a statement of action taken by the Adjudicator concerning—
(a) The compliance by HS2 Ltd with the commitments made in the Phase 1 Environmental Statement,
(b) The adequacy of the mitigation measures undertaken by HS2 Limited and any Nominated Undertaker concerning construction of the line,
(c) Recommendations concerning any additional mitigation measures required to ensure adequate environmental mitigation,
(d) The assessment of reasonable practicability undertaken by the nominated undertaker,
(e) The Secretary of State shall lay a copy of each report of the Adjudicator before each House of Parliament,
(f) As soon as may be after receiving any report made by the auditors on any accounts audited under paragraph 12 or, as the case may be, made by the Comptroller and Auditor General on any statement of accounts prepared under that paragraph, the Adjudicator shall send a copy of the report to the Secretary of State,
(g) The Adjudicator shall furnish the Secretary of State with such information relating to their property and the discharge and proposed discharge of their functions as he may require, and for that purpose they shall permit any person authorised by him to inspect and make copies of any accounts or other documents of the Adjudicator and shall give such explanation of them as that person or the Secretary of State may require and
(h) In this paragraph “financial year” has the same meaning as in paragraph 10.
House of Commons disqualification
12 (1) In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices), there shall be inserted at the appropriate place in alphabetical order—
(2) “Any member, in receipt of remuneration, of the Adjudicator.””
New schedule 2—Designated areas and classes for vehicles (Specific)—
“Designated area
The A452 road, Balsall Common, between its junction with Windmill Lane and the bridge over the Rugby and Birmingham railway.
Designated class
A vehicle exceeding 8 tonnes.
Designated area
Waste Lane, Balsall Common, between its junction with the A452 and the eastern junction with Old Waste Lane.
Designated class
A vehicle exceeding 8 tonnes.
Designated area
The Kenilworth Greenway.
Designated class
Any vehicle except a vehicle crossing from one side of the designated area to a point immediately opposite.”
New schedule 3—Designated areas and classes for vehicles (Generic)—
“Any designated areas
The designated area or areas in which a designated class or designated classes of vehicles are to be expressly prohibited shall be defined by the Secretary of State after consultation with local interested parties. They shall be contained in regulations to be made by statutory instrument, which shall not be made unless a draft thereof has been laid before, and approved by a resolution of, each House of Parliament.
Any designated class
A vehicle exceeding 8 tonnes, unless otherwise defined in relation to a particular designated area in regulations to be issued by the Secretary of State as above.”
Amendment 1, in clause 1, page 1, line 4, after “1,” insert
“subject to subsections 1A, 1D, 1G, 1I, 1O and 1T”
This amendment seeks to prevent any surface railway route through The Chilterns Area of Outstanding Natural Beauty and ensure that any railway within the AONB be built in a fully-bored tunnel.
Amendment 2, page 1, line 6, at end insert—
“(1A) The nominated undertaker shall not exercise powers granted under section 1 to construct a surface railway route within the boundaries of The Chilterns Area of Outstanding Natural Beauty (Chilterns AONB).
(1B) Any railway constructed as part of Phase One of High Speed 2 and within the boundaries of the Chilterns AONB shall be built as an extension to the bored tunnel in this area, which is planned through the works specified in Schedule 1 of this Act.
(1C) In this section, the Chilterns AONB shall mean the area of outstanding natural beauty designated within the Chilterns under section 82(1) of the Countryside and Rights of Way Act 2000.”
This amendment seeks to prevent any surface railway route through The Chilterns Area of Outstanding Natural Beauty and ensure that any railway within the AONB be built in a fully-bored tunnel.
Amendment 3, page 1, line 6, at end insert—
“(1D) The nominated undertaker shall not exercise powers granted under section 1 to build a surface railway route within the boundaries of The Chilterns Area of Natural Beauty (Chilterns AONB).
(1E) To fulfil railway construction requirements for Phase One of High Speed 2 within this area, the nominated undertaker shall pursue an extension of the bored tunnel which is planned through works specified in Schedule 1, via a Transport and Works Act order as provided for in section 52 of this Act, or via such other procedure as shall ensure an opportunity for appropriate public participation and objection.
(1F) In this section, the Chilterns AONB shall mean the area of outstanding natural beauty designated within the Chilterns under section 82(1) of the Countryside and Rights of Way Act 2000.”
This amendment seeks to prevent any surface railway route through The Chilterns Area of Outstanding Natural Beauty and require the nominated undertaker to pursue an extension of the existing bored tunnel outside of this legislation.
Amendment 14, page 1, line 6, at end insert—
“(1G) Any railway constructed as part of Phase One of High Speed 2 and within the boundaries of the Chilterns AONB shall, between South Heath and Leather Lane, east of the A413 Aylesbury Road in Buckinghamshire, be built within bored tunnel.
(1H) The works referred to in subsection (1G) shall be pursued by means of a Transport and Works Act order or such other procedure as shall ensure an opportunity for appropriate public participation and objection.
(1I) In this section, the Chilterns AONB shall mean the area of outstanding natural beauty designated within the Chilterns under section 82(1) of the Countryside and Rights of Way Act 2000.”
This amendment would seek to provide partial further protection of the Chilterns AONB by extending the bored tunnel northward from South Heath for a further mile.
Amendment 5, page 1, line 6, at end insert—
“(1I) The nominated undertaker shall not exercise powers to commence any works specified in this Clause, or any other construction works connected to Phase One of High Speed Rail 2, until a cost benefit analysis of the environmental impacts of such works has been completed.
(1J) The cost benefit analysis must include, but shall not be restricted to, an assessment of the environmental impacts of Phase One of High Speed Rail 2 and connected construction works in The Chilterns Area of Outstanding Natural Beauty.
(1K) The cost benefit analysis shall be undertaken by a review panel, the membership of which must include, but shall not be restricted to, representatives from—
(a) Buckinghamshire County Council,
(b) Chiltern District Council,
(c) Aylesbury Vale District Council,
(d) Wycombe District Council,
(e) The Chilterns Conservation Board,
(f) Natural England,
(g) Environment Agency,
(h) Key community groups,
(i) HS2 Ltd, and
(j) The Department for Transport.
The panel shall be funded and facilitated by the nominated undertaker.
(1L) Within twelve weeks after the date on which this Act comes into force the Panel must report its conclusions and recommendations to the Secretary of State.
(1M) If the Secretary of State rejects any recommendation made by the panel he must—
(a) make publicly available the reasons for doing so, and
(b) demonstrate how any environmental cost that would have been addressed by the rejected recommendation will otherwise be mitigated.
(1N) Any deviation from works specified in this Schedule required as a result of the panel’s recommendations shall be pursued via a Transport and Works Act order, as provided for in section 52 of this Act, or via such other procedure as shall ensure an opportunity for appropriate public participation and objection.”
This amendment seeks to make progress of any construction works connected to Phase One of High Speed Rail 2 conditional on the completion of an environmental cost benefit analysis.
Amendment 6, page 1, line 6, at end insert—
“(1O) The nominated undertaker shall not exercise powers to commence any works specified in this Schedule, or any other construction works connected to Phase One of High Speed Rail 2, until a full reassessment of tunnelling methodology as applied to an extended bored tunnel under The Chilterns Area of Outstanding Natural Beauty, has been completed.
(1P) The reassessment shall be conducted by a panel of experts and other relevant parties, to be appointed, funded and facilitated by the nominated undertaker.
(1Q) Within twelve weeks of this Act coming into force, the panel must report its conclusions and any recommendations to HS2 and the Secretary of State.
(1R) If the Secretary of State rejects any recommendation made by the panel he must—
(a) make publicly available the reasons for doing so, and
(b) provide a cost benefit analysis of any alternative proposal to that recommended by the panel.
(1S) Any deviation from works specified in this Schedule required as a result of the panel’s recommendations shall be pursued through a Transport and Works Act order, as provided for in section 52 of this Act or such other procedure as shall ensure an opportunity for appropriate public participation and objection.”
This amendment would make progress of any works connected to Phase One of High Speed Rail 2 conditional on the completion of a reassessment of tunnelling methodology for an extended bored tunnel under part of The Chilterns Area of Outstanding Natural Beauty.
Amendment 7, page 1, line 6, at end insert—
“(1T) The nominated undertaker shall not exercise powers to commence any works specified in this Schedule, or any other construction works connected to Phase One of High Speed Rail 2, until a full assessment of traffic management requirements has been completed.
(1U) The assessment shall be conducted by a panel of experts and other relevant parties, to be appointed, funded and facilitated by HS2 Ltd.
(1V) Within sixteen weeks of this Act coming into force the panel must report its conclusions to the Secretary of State. The report must include but shall not be limited to—
(a) a full assessment of traffic management requirements consequential to any works specified in this Schedule, and
(b) detailed proposals outlining how such requirements shall be addressed.”
This amendment would make progress of any works connected to Phase One of High Speed Rail 2 conditional on the completion of an assessment of traffic management requirements and implementation of solutions to address such requirements.
Amendment 8, page 1, line 6, at end insert—
“(1A) In exercising the powers in this Bill, the nominated undertaker shall have regard to the desirability of minimising the number of gantries to be installed to provide power to the railway, in particular in areas of outstanding natural beauty designated by statute and in other areas of particularly high environmental value and sensitivity, and shall consult with local communities in designing plans for gantry installation.”
Amendment 11, page 1, line 6, at end insert—
“(1A) The nominated undertaker shall not exercise powers granted under section 1 to construct a surface railway route between Burton Green, Warwickshire, and Mercote Hall Lane east of Hampton-in-Arden, Solihull.
(1B) Any railway constructed as part of Phase One of High Speed 2 between Burton Green, Warwickshire, and Mercote Hall Lane east of Hampton-in-Arden, Solihull, shall be built as an extension to the tunnel at Burton Green, which is planned through the works specified in Schedule 1 of this Act.”
Amendment 17, page 1, line 6, at end insert—
“(1A) The nominated undertaker shall not exercise powers to commence any works specified in schedule 1 relating to Canterbury Works in Brent, London until a cost benefit analysis of the environmental impacts of such works has been completed.
(1B) The cost benefit analysis shall be undertaken by a review panel, the membership of which must include, but shall not be restricted to, representatives from—
(a) HS2 Ltd;
(b) Department for Transport;
(c) Brent Council;
(d) Environment Agency; and
(e) Key community groups
(1C) The panel shall be funded and facilitated by the nominated undertaker.
(1D) Within twenty weeks after the date on which this Act comes into force, the panel must report its conclusions and recommendations to the Secretary of State.
(1E) If the Secretary of State rejects any recommendation made by the panel he must make publicly available the reasons for doing so and must demonstrate how any environmental cost that would have been addressed by the rejected recommendation will otherwise be mitigated.”
This amendment seeks to make construction at the Canterbury Works site subject to an environmental cost benefit analysis.
Amendment 12, in clause 20, page 9, line 6, at end insert—
“(1A) The deemed planning permissions in subsection (1) shall be made subject to the approval of the external appearance of the works by the relevant parish or town council,
(1B) The approval of the external appearance referred to in subsection (1A) shall not be withheld unreasonably, and shall be determined by the relevant parish or town council within four weeks of the submission by the nominated undertaker of full details of the external appearance of the proposed works to the proper officer of the council.”
Amendment 16, in clause 29, page 12, line 29, at end insert—
“(2) Any reconfiguration of utilities taking place pursuant to this Bill at Wormwood Scrubs Common will be undertaken with regard to the value of Wormwood Scrubs Common as an amenity, and shall not involve the creation of any permanent pedestrian or vehicular access.”
Amendment 9, in clause 31, page 13, line 30, at end insert—
“(5A) The Secretary of State shall, within one year of Royal Assent, consult on and prepare plans for the undergrounding of all overhead power lines over a height of 15m in areas of particularly high environmental value or sensitivity, and shall within one year thereafter introduce legislation or alternative regulatory measures (to the extent such measures are required) to permit such undergrounding to take place by the end of 2020.”
This amendment is intended to compensate for the physical effects of the railway in certain areas by removing existing obtrusive and unappealing infrastructure.
Amendment 10, page 13, line 30, at end insert—
“(5A) The Secretary of State shall, within one year of Royal Assent, consult on and prepare plans for the undergrounding of all overhead power lines in the Chilterns Area of Outstanding Natural Beauty over a height of 15m, and shall within one year thereafter introduce legislation or alternative regulatory measures (to the extent such measures are required) to permit such undergrounding to take place by the end of 2020.
(5B) In this section, “Chilterns Area of Outstanding Natural Beauty” shall mean the area of outstanding natural beauty in the Chilterns designated under section 82(1) of the Countryside and Rights of Way Act 2000.”
This amendment is intended to compensate for the physical effects of the railway in the Chilterns AONB by removing existing obtrusive and unappealing infrastructure.
Amendment 13, in schedule 1, page 79, leave out lines 47 to 50.
Mrs Gillan
New clause 6 relates to the Chiltern review group. The Chiltern area of outstanding natural beauty, which has been a designated landscape for more than 50 years, is the only AONB affected by phase 1 of HS2. As it stands, 8.8 km of the AONB is still exposed to the line and remains untunnelled and above ground. It will be a permanent scar on the landscape, and the effects will be irreversible. A Chilterns AONB review group would provide local authorities and key stakeholders with the opportunity to identify greater measures of mitigation and work collaboratively with the promoter to ensure that this precious area was protected to the highest possible level during the construction and operation of the railway.
When the project was first announced, I was assured that local people would have a chance to input their views and expertise into the plans for HS2, but, so far, those opportunities have been limited. This group of amendments would make sure that local people and councils had genuine influence over the future of their area, which will, I believe, be irretrievably damaged by HS2.
Sir Greg Knight (East Yorkshire) (Con)
I am grateful to my right hon. Friend for giving way. Is not new clause 7 actually defective? There does not appear to be any duty to replant trees that have died.
Mrs Gillan
My right hon. Friend makes a valid point. He will notice that there are a large number of amendments on the Order Paper in my name. I have not had the advantage of parliamentary draftsmen; I have had only lawyers, friends and my own wits, with the Clerks of the House to fall back on. However, I think that as a probing amendment, new clause 7 will make its point.
Michael Fabricant
Does my right hon. Friend agree that the problem of trees and ancient woodland demonstrates not only a lack of commitment but a deep lack of understanding by HS2 of these environmental issues?
Mrs Gillan
My hon. Friend makes a good point. I remember considering the matter in a debate in Westminster Hall, which I believe he led. Like me, he is a passionate and long-term supporter of the Woodland Trust, which does valuable work to preserve our precious ancient woodland and to create more native woods.
Rebecca Pow (Taunton Deane) (Con)
I was at the debate about ancient woodland to which my right hon. Friend referred. Does she agree that more ought to be done to try to protect those precious ancient woodland habitats? I understand the economic reasons, but what about the ancient woodland?
Mrs Gillan
My hon. Friend has already made a name for herself in the House for defending our environment, and I hope that she long continues to do so. I agree with her entirely. The Woodland Trust wants ancient woodland to be removed from the “no net loss” calculation, and it is disappointed that HS2 has not done everything that it should or could do to avoid the loss of ancient woodland.
Barry Gardiner (Brent North) (Lab)
I am sure that the right hon. Lady will acknowledge that when HS2’s original estimate of the amount of ancient woodland was reviewed by the Woodland Trust, that estimate was increased by 78%. It is appalling that the initial environmental survey conducted by HS2 did not record accurately the amount of ancient woodland involved.
Mrs Gillan
The hon. Gentleman’s point about inaccurate assessments is, I am afraid, repeated throughout dealings with HS2. This is a particularly bad example. The Woodland Trust petitioned HS2 for a minimum planting ratio of 30:1 to compensate for the fact that irreplaceable habitats will be lost, and the planting of 2 million trees along the wider route is just the starting point. I would have hoped that that could be put in the Bill, which would have made the provision legally binding and ensured that at least some structured replanting and maintenance took place.
Mr Goodwill
May I underline our commitment to no net environmental loss and our commitment to plant 2 million trees, which will be managed to the best arboricultural standards? One of the problems that we had with the assessment of ancient woodland was getting access to land to carry out such assessments, because some landowners would not grant us access. That will not be a problem with further phases, because we have taken those powers as part of the Bill.
Mrs Gillan
I am grateful to my hon. Friend for that clarification. I wish I could take it at face value.
Barry Gardiner
As I am sure the right hon. Lady agrees, the Minister’s assurance that there will be no net loss is not worth the air time it is given. Ancient woodland is, of course, as Natural England precisely characterises it, “irreplaceable”. The idea that there can be no net loss of something that is irreplaceable is simply a contradiction in terms.
Mrs Gillan
The hon. Gentleman makes a very valid point. Quite frankly, the fact that anybody actually says they would replace ancient woodland just shows the ignorance of some of the people dealing with this matter.
Mrs Gillan
The Minister is determined to get in again. As we have not heard a lot from him, I will give way.
Mr Goodwill
May I just make the point that translocation of ancient woodland soils is recognised by Natural England as an important mechanism for aiding the creation of ecologically valuable woodlands? If properly planned and undertaken, that can be an important element of compensatory measures, where the loss of ancient woodland is unavoidable.
Victoria Prentis
I am very concerned about the protection of ancient pastureland. In one particularly egregious case in my constituency, HS2 Ltd suggested that it replace ancient woodland on ancient pastureland, which is even rarer and more valuable.
Mrs Gillan
I think I have given way enough to the hon. Gentleman. I want to make some progress because so many Members want to speak on this group of amendments, and we have so little time.
I have tabled new clauses, drafted by a very senior lawyer, on a proposal that is of particular importance to everybody—the adjudicator. The proposal is of great importance and would improve the project immeasurably. New clause 8 provides for an independent regulatory body regularly to review and monitor progress during construction, and to hold HS2 to account in delivering what has been promised in environmental and other mitigations. The construction commissioner or complaints commissioner proposed by the Department for Transport simply will not have the remit or the expertise to monitor such a large project. In addition, it can only cover claims of up to £7,500. I believe we need truly independent scrutiny by an independent body. Some of the panel members should have relevant expertise, and most importantly, it should have enforcement powers.
The history of this project is full of errors and omissions, including the downplaying of the environmental impacts, together with the “It will be fine” and “The people along HS1 did not complain” attitude of the promoter. We cannot trust what HS2 is currently offering. At the moment, it is in effect responsible for policing itself.
The Government assure us that the environmental minimum requirements and the code of construction practice offer the necessary protections, but close examination of the documents does not provide such reassurance. The devil is always in the detail. In practice, it means that although HS2 is required to adopt measures to reduce the adverse environmental effects reported in the environmental statement, it only has to do so
“provided that such measures are reasonably practicable and do not add unreasonable cost or delay to the construction or operation of the project”.
In effect, that gives the nominated undertaker, which is in charge of monitoring itself, a “get out of jail free” card.
Andrew Bridgen
Is my right hon. Friend as concerned as I am that if HS2 is its own policeman, corners will be cut when the budget comes under further pressure, as it undoubtedly will, and local people and the environment will suffer as a result?
Mrs Gillan
I think that will happen. Once this project is on its way, it will be easy to say that this would delay it or that would cost more. Presumably, it will be very easy for HS2 to say that almost any environmental mitigation could cause delays to the project and add to the cost, and therefore that it is not reasonably practical to implement it.
I have looked at the complaints process. It cannot be sensible or practical to have a complaints process that ends up with the Speaker of the House as the adjudicator of last resort for dispute resolution in relation to the construction of HS2 and, most importantly, the implementation of environmental mitigation. I do not want to be fobbed off by the Minister with reassurances that the Department for Transport has covered it all with the construction commissioner, because we can be very sure that it has not. We owe the people burdened with this project, and the communities that are being destroyed, that extra level of scrutiny and protection, and somebody whom they can turn to immediately.
My remaining new clauses concern the tunnels and the look of this project in my constituency. I will summarise those points briefly because many people want to speak. It is not fair to say that my constituency has not been protected at all by additional tunnelling. As the Minister said in his opening remarks—I am told I am to be very grateful—there will now be a tunnel for two thirds of my constituency. My constituents are grateful for that, but 8.8 km of the route through the area of outstanding natural beauty is outside the tunnel. When we are doing such brilliant tunnelling with Crossrail 2, and when we know that tunnelling expertise in this country leads the world, why are we not using that to tunnel under a nationally protected piece of the environment? I have tabled these new clauses to remind the Minister that we will not give up on this issue at any stage, and I hope that the House of Lords will also give it due consideration.
I have tabled an amendment on traffic, which is important because the traffic assessments from HS2 have been atrocious. I have also tabled amendments on pylons, and the possibility that we will be able to take the opportunity offered by HS2’s construction phase to ensure that if pylons are above ground, they are designed to fit in with the countryside, but that if possible they could be placed underground.
I see that you are getting anxious, Madam Deputy Speaker, as am I, because the Government have not given us enough time to do justice to these new clauses. I am sorry that I have not been able to deploy all my arguments, but in the interest of allowing others to speak, and knowing that time has been taken out of this debate by the Opposition’s forcing a vote on something that is not relevant to now or to my constituents, I will let others speak.
Keir Starmer (Holborn and St Pancras) (Lab)
New clause 22 deals with Euston, which is in the middle of my constituency. It is not easy to convey to the House the devastating impact that HS2 will have on my constituency, but let me try. HS2 will come into Primrose Hill and crash through to Euston, destroying everything in its path.
Let me give the House the sheer numbers affecting my constituency: 2,986 people live within 60 metres of the construction site, a further 3,186 live within 120 metres, and 11,414 within 300 metres. That is 17,568 people in my constituency within 300 metres of the construction site. Some 220 family houses will be demolished, and up 1,000 people will lose their homes. Unless there is a plan for an integrated station at Euston, there is the risk that another 150 family homes will be lost, affecting another 600 people—1,600 people are at risk of losing their home.
Many of the family homes that are not destroyed will be affected by noise, and, according to HS2’s own figures, 1,025 family homes—that is 4,000 people—will be affected by noise that requires mitigating measures. Measures are already in place to consider up to another 850 homes and another 3,400 people. Some 7,000 people in my constituency could need noise mitigation measures because of what will happen with HS2 at Euston.
That is not the end of it. If Euston is redeveloped, 3.5 million tonnes of spoil will need to be removed from the site, which is the equivalent of 26 miles of tunnelling for Crossrail. All that must come out of Euston, and there is no guarantee or assurance that that will be done by rail. The net effect for my constituents is the risk of 800 two-way lorry movements a day to remove that spoil, and 90% of those lorries will be HGVs.
That brings me on to air quality, which is notoriously bad in London. It is particularly bad in the Euston area, and the HS2 environmental statement indicates that HS2 will have a substantial impact on nitrogen dioxide levels in a third of locations in the Euston area. If that was not enough on its own—it will have a devastating impact on the constituency—let me throw in two further factors.
The first factor is time. The original HS2 Bill was premised on the completion of a new HS2 station at Euston by 2026. For my constituents, that seemed like a long time. In September 2015, the Government lodged “Additional Provisions 3”, their current plans for Euston. A new station is now to be developed in three phases. Stage A, to the west of the existing station, involves the construction between 2017 and 2026 of six platforms needed for phase 1. Stage B2, the construction in the second phase of further platforms within the existing station but not all of it, is intended to be completed by 2033. The redevelopment of the existing station, stage B2, is unfunded and unplanned, and may begin before or after 2033—half a station in twice the time.
Another factor—there are more I could add to this litany of devastation in Holborn and St Pancras—is that even in 2033, having endured a construction site for the best part of 20 years, my constituents will not see a complete and integrated station in their constituency. On 1 December 2015, Tim Mould QC, HS2’s counsel, outlined to the Select Committee that a new integrated station at Euston is
“not deliverable within appropriate funding constraints”
and that this is the assessment of
“the government, the Chancellor, the Prime Minister”.
There is no timetable for Government funding to complete the final phase. As a result of the lack of planning and integration, Crossrail 2, which hopes to have an integrated station, is now planning on the basis that it may have to build part of its station in Somers Town, removing 150 buildings and displacing another 600 people—half a station in twice the time, with twice the damage.
Mr Goodwill
I must make progress because we have only a minute left. On residential demolitions, we have committed to, and are progressing with Camden Council on, the replacement of all lost social housing in Euston as a result of HS2. On the prohibition of vehicles, an issue raised by my right hon. Friend the Member for Meriden (Mrs Spelman) and my hon. Friend the Member for Banbury, the Bill already requires local authorities to approve local routes, so the amendment on that is unnecessary.
Many of the proposed new clauses and amendments would duplicate existing obligations already made to Parliament, and I do not believe it necessary to include them in the Bill. I therefore urge hon. Members to reject the proposed new clauses, new schedules and amendments.
Mrs Gillan
In the light of the unsatisfactory reply from the Minister and the fact that he has relied again on saying that his appointees are adequate for the scrutiny of this project, I will have no other choice than to push new clause 8, which deals with the office of the HS2 adjudicator, to a vote. As for new clause 6, I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
Mrs Gillan
I have three minutes to sum up six years of hell for my constituents in Chesham and Amersham.
I pay tribute to the dignity and persistence of my constituents, who have remained committed to positive change in the face of great adversity. Those individuals are too numerous to mention, but they include my dedicated constituency staff, our local councils at all levels, our environmental and community organisations, the Clerks of the House—they have been tremendous—and colleagues who have served on both the Committees on the Bill.
I thank colleagues who have stood four-square with me, despite all the pressures that have been brought to bear on them when I have opposed the project. We have succeeded in making some positive changes that will make a real difference to people’s lives. The two extensions to the Chilterns tunnels are very important; the improvements to the “need to sell” scheme are also significant; and even the Chilterns AONB review panel, if it comes about, is important—to name but three aspects of the project.
However, HS2 is being built on the backs of my constituents, who are losing their homes, their businesses, their peaceful retirement, their heath and their communities. The Prime Minister promised me the most environmentally friendly Government ever and that compensation for people affected by HS2 would be fair and generous. This project will still cause damage along over 8 km of the line through a nationally designated, environmentally protected area, and many of my constituents are still fighting for fair treatment and compensation. They would not use the words “fair” and “generous” about the compensation.
For the all the inequitable and atrocious handling of the project, for the poor value for money for the taxpayer, for the inadequate integration of the project and for the damage it will cause my constituency and constituents, I will vote against the Bill again this afternoon. I urge hon. Members to join me in doing so. It may not achieve very much, because Labour and Conservative Members are being whipped to support the project, but at least I will be able to put my head on my pillow knowing that I have done the best by my constituents. I have tried to protect them from the ravages of a project that will consume vast amounts of taxpayers’ money and suck it out of the rest of the system. My constituents and many others up and down the line will pay disproportionately for the burden of political intransigence.
Mr Deputy Speaker
As you know, it is a matter for the Government how they timetable the business. As you rightly say, you have a view that you wish to express. Unfortunately, we are not in charge of the business. I am sure that everybody who reads Hansard will realise that you have raised this on the Floor of the House, even though it is not a point of order for the Chair.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
Further to that point of order, Mr Deputy Speaker. I have raised the issue of the procedures on the hybrid Bill process with the Procedure Committee, but because it is a private process it may be difficult for the Committee to look at those. I very much hope that the Government are going to re-examine the hybrid Bill process, and that view has been echoed in the words of many of my friends, particularly those who have served on the HS2 Bill Committee.
The process is not satisfactory from the perspective of either the House or the people most affected by the project. I very much hope that this will not take too long and you could advise me whether the House eventually could change those procedures, so that large infrastructure projects are not dealt with in such an opaque and difficult manner.
Mr Deputy Speaker
The House can invite the Procedure Committee to look into this matter, as you well know. And you know better than I do how the procedure of this House works, after so many years in this place.
Points of Order
Cheryl Gillan Excerpts(8 years, 1 month ago)
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Mrs Cheryl Gillan (Chesham and Amersham) (Con)
On a point of order, Mr Speaker. I should like your advice on a Select Committee report that was published only this morning, but which, I am afraid, relates specifically to some of the business that is before the House today.
The Public Administration and Constitutional Affairs Committee has reported on an investigation into a complaint against HS2 Ltd that was upheld by the ombudsman, who fined HS2. The Committee received and published a large body of evidence that is highly critical of HS2 Ltd. Following its investigation, the Committee has declared that the
“culture of defensive communication and misinformation within”
HS2
“is not acceptable. Unless those responsible for delivering HS2 understand that first and foremost they serve the public, and take action to reflect this, then they will continue to be vulnerable to the criticism that they have disregard for members of the public who are impacted by”
HS2.
The report was published only this morning, so it has obviously been impossible to table amendments to the High Speed Rail (London – West Midlands) Bill, with which we shall be dealing later today, in respect of the report and that poor communication and disregard for people affected by HS2. Can you advise me, Mr Speaker, whether it would still be possible, in the House, to call for a separate debate on the report, and to look into the continuing disrespectful behaviour of HS2 Ltd and its management?
Mr Speaker
I am grateful to the right hon. Lady for her point of order, to which my response is twofold. First, as I am sure she will be aware—this will not satisfy her, but I say it as a matter of fact—the report to which she has referred is tagged to the Third Reading debate on the Bill. That is to say, it is highly germane to that debate.
Secondly, the right hon. Lady asked me whether she could call for, or seek by one means or another, a separate debate on the report. The answer is that most certainly she can seek such a debate, and she may well be successful in obtaining such a debate—I do not, at this point, know—but that, of course, will not assist her in terms of the business scheduled for today. The matters that are up for debate in the House today will naturally proceed, and must, in terms of good order, do so. Nevertheless, the right hon. Lady, who is a wily operator, has made her point in her own way, and it is clearly on the record. That seems to bring—
Mr Speaker
We have been extremely well served, as always, by our Clerks, who do their business with great commitment and prowess, and I have just been advised on this matter. That advice is that I will cause the matter to be investigated. The truth is that, off the top of my head, I have absolutely no idea why the right hon. and learned Gentleman’s name has not been added to those amendments. One would assume that in the ordinary course of events it would be, so I am rather taken aback. His understanding of the normal practice is, as usual, quite correct. Let us have the matter looked into, but I hope that it will be trumpeted to the good people of the Beaconsfield constituency that he sought to have his name added to the amendments, and the work in progress is that he may yet succeed in that mission.
Mrs Gillan
On a point of order, Mr Speaker. I hope that I am not trying your patience, or that of the House, too much by raising a further point of order. I want your advice on this matter for the benefit not only of those in the House but of the people outside who watch these proceedings. It might be of interest to know that when the Channel Tunnel Bill went through the House in 1987, its Report stage was not guillotined and lasted from 7 pm until 1.50 am. Only after that did its Third Reading debate begin. Mr Speaker, could you confirm that, according to the timetable motion on the Order Paper, if any Member chose to press an amendment in the first or second group to a vote, that vote would eat into the time allowed for Members to debate these matters? Our constituents are not going to understand why Members do not press these amendments to the vote, but the Government have engineered this so that if we do so, we will have no time to debate the Bill. There might be Members present who wish to have their amendments voted on, but if they press their amendments to a vote, they will rob Members on both sides of the House who are affected by the Bill of the opportunity to speak. As you have pointed out, Mr Speaker, this affects only a very small minority because both the main parties in the House are being whipped to vote for the Bill.
Mr Speaker
The right hon. Lady’s interpretation is correct. I always think that it is important for our proceedings to be intelligible to people beyond this place, so let it be stated on the record that these exchanges have not eaten into the time available for debate at all. They have obliged the right hon. Member for North Norfolk (Norman Lamb), who is about to present his ten-minute rule Bill, to wait patiently before being able to speak to it, but they have not in any way detracted from or taken time out of the debate on the High Speed Rail (London – West Midlands) Bill. I am afraid that the right hon. Lady is correct to say that if Members seek a Division on a particular amendment, that will eat away at the remaining time available for debate. A lot of people will feel that that is a regrettable state of affairs, to put it mildly. I note what she has said about the precedent of the Channel Tunnel Bill. The Secretary of State is not in his place, although he might very well be here for Third Reading. As far as I am aware, he is a person of robust constitution and perfectly capable of staying in the Chamber for an appreciable period to debate matters of important public policy. I have never had any reason to suppose that his conscientious Parliamentary Under-Secretary of State—[Interruption.] His Minister of State, indeed. No discourtesy was intended to the hon. Gentleman. I have never had reason to suppose that the Minister of State was incapable of strenuous parliamentary endeavour over an extended period.
Mr Speaker
That is a matter of indisputable fact, and I thank the Minister of State for taking the opportunity to make that point. So far as last night is concerned, it is also a matter of fact that the motion was not objected to. The Business of the House motion appertaining to this matter was of course objected to on Monday evening by the right hon. Member for Chesham and Amersham. Had it been objected to last night, there would have been a requirement for a debate today on Members’ concerns, which would have eaten into the available time. The absence of an objection last night and the fact that I have just mentioned are obviously causally linked.
Mrs Gillan
Further to that point of order, Mr Speaker, and to the courteous contribution from the Dispatch Box by the Minister of State, I would like to confirm that I did object to the sittings motion, but in discussions with the business managers I was informed that if I objected on the second night, the matter would have come back today and eaten into our debating time. That would of course have been completely self-defeating. I think the point was made on the first day when the objection was made, and the Minister should really understand the procedure in that sense.
Mr Speaker
The right hon. Lady has put the matter fairly and squarely on the record. I am always happy to hear points of order and to do my best to respond to them, but I think it is fair to say that for now we have exhausted that terrain. We should move on to the ever-patient right hon. Member for North Norfolk.
Cabin Air Safety/Aerotoxic Syndrome
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Grahame M. Morris
That is a good point. I hope that the Minister will reflect on it and perhaps refer to it in his response.
I am afraid that we do not have a lot of information on the frequency of these events in the United Kingdom. The much-criticised UK Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment estimated that smoke and fume events are reported by pilots in one in every 100 flights—I think that was previously mentioned—but those are conservative estimates. If there is under-reporting, as many seem to believe anecdotally, that might be another reason why many fume events are not being investigated. As my hon. Friend the Member for Brent Central (Dawn Butler) mentioned, it is important to monitor in real time rather than bring portable equipment on to aircraft when they have landed.
I understand that UK fleet figures are not available—if the Minister does have such figures, I am happy to take an intervention from him to put them on the record—but what was initially thought to be quite a rare event anecdotally seems to be happening far too often. Figures available from the United States are quite alarming, although they have many more aircraft and flights. Clearly exposure to contaminated bleed air can have a serious impact on health, particularly for cabin crew, who are at greater risk of exposure and of cumulative effects.
We have already heard about the coroner’s letter following the sad death of pilot Richard Westgate and the regulation 28 report, so I do not intend to go into that. However, it seems to be an omission that there is nothing on the public record. We have heard quotes from the Civil Aviation Authority response to that letter, but we have not seen the full response. The CAA said that
“there is no positive evidence of a link between exposure to contaminants in cabin air and possible acute and long-term health effects”.
Although it did conclude that
“such a link cannot be excluded.”
I am not sure what good that is. It seems to me that this issue is crying out for some further research and evidence so that we can either establish a link or rule it out.
I am prepared to concede that there is a knowledge gap, but the industry and regulators are relying on a system of denial rather than fitting the detection systems required to collect evidence on the true number and concentration of fume events. I do not believe that the industry—or the Government for that matter—would deny the existence of fume events. Again, the Minister can correct me if I am wrong, but I believe they also accept that fume events are detrimental to health. While they may disagree on the extent of such impacts, I ask the Minister to support calls for an independent inquiry into the risks and hazards associated with contaminated air.
We need monitoring and detection systems for cabin air to be introduced so that we can ascertain the true extent of the problem. We also need a better system to diagnose, treat and compensate workers whose health and wellbeing has been compromised and damaged by fume events. Finally, all future aircraft should be designed to be bleed-free. If there is a shred of doubt about there being cumulative, long-term adverse effects on health, surely that is a sensible way to proceed when drawing up design specifications. In the meantime, it is possible to mitigate any effects, perhaps by looking at maintenance schedules, because aircraft that are not maintained to such a high standard are more likely to be subject to fume events as seals go—that is the nature of a mechanical design. Things could therefore be done; indeed, engine oils and hydraulic fluids could be reformulated to minimise potential adverse effects on health.
Ultimately, we need airlines to step up to the plate and accept their responsibilities and duty of care to employees and passengers. If not them, regulators need to demand changes, and detection systems should be fitted to seek further evidence on fume events. If not the airlines or the regulators, the Minister and the Government must take charge. Until such time, I do not believe any of us—the travelling public or indeed air crew—can say with confidence that air travel is completely risk-free and that fume events are not a risk to public health.
Mrs Cheryl Gillan (in the Chair)
I do not think that any other Members are seeking to catch my eye, so we will move to the wind-ups.
Oral Answers to Questions
Cheryl Gillan Excerpts(8 years, 5 months ago)
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Mr McLoughlin
I do not know whether I would want to go into Christmas fairies so far as the current Labour party is concerned, as Labour Members might be seeing fairies in many places. I believe that the Department for Transport has been helpful to Hull in its preparations for the city of culture, not least with the improvements at Hull station and the proposals I have worked on with the hon. Member for Kingston upon Hull East (Karl Turner) to ensure that the footbridge project is brought forward much more quickly to provide access to the Hull dockside. I am sorry that the hon. Lady cannot welcome that.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
Will the Secretary of State consider reviewing his spending priorities? Is it not true that billions of pounds would be available to spend on transport infrastructure across the whole country between 2015 and 2020 if the current plans for HS2 were replaced with a conventional high-speed line running at 155 mph? Money would be available to pay decent compensation, provide improved environmental protection and faster investment in HS3 and HS2 phase 2, which should be a much greater priority than cutting 10 minutes off the journey between Birmingham and London?
Mr McLoughlin
I have to say that I do not think I will ever convince my right hon. Friend on this particular subject—so I am not sure I am going to try. Let me simply say that the investment in HS2 is not just about speed—a point that I cannot get over enough—but about capacity and the huge increase in people travelling on our railways. [Interruption.] My right hon. Friend says that we could just build another conventional line, but that would cost 90% of what HS2 is costing in any case, so there would be no significant savings. I make no apology for being part of a Government who are investing for the future of the nation.
High Speed 2
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Mr McLoughlin
First, there has been a positive case made and a good dialogue between Stoke-on-Trent and Sir David Higgins about the way HS2 will serve the whole region. I was a member of Staffordshire County Council for seven years so I know Stoke-on-Trent incredibly well, and I fully accept the importance of the high-speed train link, which I think will come to the whole region. The hon. Gentleman talks as if Crewe is 100 miles from Stoke-on-Trent, but it is literally just up the road and on the other side of the M6, given where the station may well go. I very much look forward to the advantages of it serving not only Crewe but Stoke-on-Trent too.
The hon. Gentleman asks about classic-compatible trains, which are not dissimilar to those serving Kent. Handsacre junction is important in serving not only Stoke-on-Trent but Macclesfield and Stafford, so they will benefit sooner from faster services. I fully accept his point that nobody wants a diminution of services to Stoke-on-Trent, or to anywhere else for that matter. One reason for this huge investment is to have more services and more freight options. The west coast main line is one of the busiest lines anywhere in Europe, so it is right we focus on how to have the relief and extra capacity it needs. I am more than willing to continue conversations with Stoke-on-Trent about the best way for the whole region to move forward.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
Despite the documents published today, in the past week alone we have seen the ombudsman find HS2 guilty of a maladministration over communications, the Standing Orders (Private Bills) Committee (Commons) describe its supply of information as an absolute shambles and a freedom of information request from the Chesham Society reveal a massive inaccuracy in basic track assessments in my constituency. What confidence can we have that today’s announcement of a speeded up timetable for phase 2a of HS2 will not lead to an increased catalogue of mismanagement, mistakes and more misery for people along the route?
Mr McLoughlin
The truth is that anything I say about HS2, as far as my right hon. Friend is concerned, will not be met with any kind of favour whatever. She has made her opposition perfectly clear. I believe HS2 is absolutely essential for the long-term economic interests of the United Kingdom, particularly our northern cities, and that is why it is right to go ahead. I do not dismiss those people directly affected and who, as a result, have trouble with a major infrastructure project taking place, but I am aware of no major infrastructure project that has received universal support at the time of its construction. That support is usually found afterwards. In fact, plans for the very first railway line to be built between Birmingham and London were defeated in the House of Commons because the canals were considered to be perfectly adequate.
Airports Commission: Final Report
Cheryl Gillan Excerpts(8 years, 5 months ago)
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Sir Gerald Howarth (Aldershot) (Con)
I congratulate my hon. Friend the Member for Twickenham (Dr Mathias), not only on having secured this debate, together with her colleagues, but on the manner in which she presented her case, although I have to say that I profoundly disagree with it. May I also apologise to you, Mr Deputy Speaker, and to my hon. Friend for the fact that I cannot be here at 5 o’clock for the wind-ups? I have an unavoidable commitment, but I shall stay to listen to as much of the debate as possible.
My position is perfectly clear: I am an aviator and therefore believe it is impossible to have too many runways. I am fully supportive of a third runway at Heathrow, although personally I prefer my great friend Jock Lowe’s proposal of a Heathrow hub, with a sequential runway to the west of 27/09. That would have knocked down fewer houses and been less intrusive, and it would also have been rather novel. I am also strongly supportive of a second runway at Gatwick. It was complete nonsense when that was ruled out for 40 years in 1979. We should not constrain future generations in the same way.
The commission has found that Heathrow is massively important. Paragraph 2.46 states that
“Heathrow’s long-haul network over-shadows that of any other UK airport, with 84% of scheduled long-haul flights at London airports and 60% of scheduled long-haul destinations not being available anywhere else in the London airport system.”
There we have it, in one sentence—the key importance of Heathrow and why we should back it. Back Heathrow says that Heathrow provides 78% of long-haul flights, as well as 25% by value of our exports. It is hugely important.
In paragraph 3.21, the commission reports on the negative impact that a decision not to proceed with the third runway would have on not just the local economy, but the wider economy. It estimates that over a 60-year period—which is a long time, I accept—the costs could amount to £21 billion for users and providers of airport infrastructure and £30 billion to £45 billion for the wider economy. One does not need to query those figures; we simply need to recognise that they are substantial and reflect the importance of Heathrow.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
Does my hon. Friend agree that Heathrow is absolutely vital to areas such as mine? More than 700 companies are headquartered in the Buckinghamshire region because of its proximity to Heathrow. Frankly, my constituents would rather see the expansion of Heathrow, which would benefit them economically, than the building of HS2, which does nothing for the economy in Buckinghamshire.
Sir Gerald Howarth
I am delighted to support my right hon. Friend’s argument about the importance of Heathrow, but I must disappoint her by saying that I am also in favour of HS2. I will explain why in a moment.
Aviation Security
Cheryl Gillan Excerpts(8 years, 6 months ago)
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Mr McLoughlin
We have deployed people from several Departments, not least the Department for Transport and the Foreign Office, so we are not short of the kind of officials and professional advice that are needed in the immediate situation. As I have said, the long-term aim is to re-establish the flights as soon as we possibly can.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
I commend the Government for taking this very difficult decision, which has ensured that no British citizen is knowingly placed in danger. I know of many people who have holidays booked in Sharm el-Sheikh and who fully intend to travel there once the flights resume. Will the Secretary of State tell me what the position will be regarding their travel insurance? Will recent events invalidate or alter it in any way?
Mr McLoughlin
I would advise those people to talk to their travel agent or tour operator in the first instance. The advice that we have set down is quite clear: we do not believe that any flights from the United Kingdom should go to Sharm el-Sheikh at this stage. That will obviously have implications in regard to certain insurance claims. We are reviewing the advice regularly.
Oral Answers to Questions
Cheryl Gillan Excerpts(8 years, 6 months ago)
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Mr Goodwill
That is not what Lord Adonis was saying when he was Secretary of State for Transport. I am very pleased that Lord Adonis is engaging with this Government in delivering massive infrastructure improvements. The question the hon. Gentleman needs to ask himself is: what is the cost of not progressing HS2? It is about the capacity and the great cities of the north, which are crying out for that additional capacity and the wealth it will bring to the north.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
Of course, HS2 should have started in the north. On phase 2, may I also appeal for sanity from the Government? Will they review the hybrid Bill process and the cruel and unfair compensation scheme? The hybrid Bill process for phase 1 has been convoluted, impenetrable, protracted and painful, not just for the MPs on the Committee, but, more importantly, for the people affected by the project. It is ironic that we are using such a snail-like process for something that is supposed to be high speed. The hybrid Bill process is not fit for purpose. We should modernise it and bring it into the 21st century.
Mr Goodwill
I pay tribute to those Members who have doggedly sat on the hybrid Bill Committee and listened to petitions in such an admirable way. Many of the petitions did not reach the Committee, because we managed to reach agreement beforehand. On the question of building HS2 from the north first, it will still end up in London, whichever end it starts at. It is between Birmingham and London that the capacity is needed as a matter of urgency.
High Speed Rail (London - West Midlands) Bill
Cheryl Gillan Excerpts(8 years, 7 months ago)
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Mrs Cheryl Gillan (Chesham and Amersham) (Con)
I, too, welcome the hon. Member for Nottingham South (Lilian Greenwood) to the Opposition Front Bench. She is very familiar with HS2 from her previous work, and I am sure she will properly discharge her duties, despite disagreeing entirely with me on the merits of the project. I thank my hon. Friend the Minister for his kind remarks, and welcome the Secretary of State to his place on the Front Bench. It is good to see that this project is still engaging the Department fully.
The parliamentary process for High Speed 2 is both lengthy and confusing. The petitioning and consultation processes are time consuming and very arduous for my constituents and others who give evidence to the Committee, who have busy and demanding lives, and have not chosen to be affected by this project.
The additional provision process is another example of how opaque our procedures are here. There is a lack of information on additional provisions 3 and 4. While that is not entirely helpful to colleagues, it is certainly confusing to constituents, who want it explained to them why a motion like this can come before the House and be voteable on, yet the inherent details that will come with the major announcements from the Department are not available. I understand the intricacies of the House, but it is hard to explain them to constituents.
Mr Goodwill
I am sure that interested constituents watching the proceedings of the House will be aware that this is just opening the door to the opportunity to engage and petition. We are kicking the ball into play, and it is up to those who wish to petition and engage in the process to play the match.
Mrs Gillan
I am grateful for that. Anything that we can do to clarify the position for our constituents is much appreciated.
Notwithstanding the complexities of legislating for a major infrastructure project, I am very grateful for the HS2 Committee’s recommendation of the proposal for extended tunnelling through the Chilterns area of outstanding natural beauty, now known as C6, and the Government’s decision to adopt it. The extension of the tunnel from the originally proposed Mantle’s Wood portal to the South Heath green tunnel north portal will provide vital extra protection to our ancient woodlands and communities. It recognises the enormous efforts that my constituents, many national organisations, local organisations and I have made to try to save our area from real environmental damage.
While of course I am pleased that the Committee has proposed this additional mitigation, we must not forget that a large swathe of the area of outstanding natural beauty remains exposed to the railway itself. Unfortunately, the recommendation of C6 still falls short of what is required to protect the area fully from the severe impacts of this project. A long, continuous, fully bored tunnel throughout the entire AONB is really the only way adequately to protect our natural countryside and communities. I urge the Committee, and the Minister and his officials, to continue to look at the long tunnelling proposals. Indeed, I was hoping that I could encourage the Minister and his officials to think of this less as a railway in my constituency and more of a tube line, and continue the tunnelling to the end of the AONB.
Additional provision 4 contains two further amendments affecting Chesham and Amersham that I am keen to see implemented and consulted on carefully. Shardeloes Park in Amersham will, I hope, benefit from an improved design for the protection of its walled kitchen garden and grade II listed building. However, I remain concerned about the effects of construction on other historic buildings in the area, particularly in the nearby village of Little Missenden. In addition, there will be a realigned footpath south-west of Potter Row in South Heath, and I look forward to receiving more specific details of that amendment and that relating to Shardeloes gardens.
Many of my constituents will be affected by the proposals in AP4, particularly the changes that will provide for extra tunnelling. I encourage the Government to make sure that the dates for the release of the supplementary environmental statement, as well as those for petitioning and the deadlines for consultation responses, are published as widely as possible. As the Select Committee is hearing from petitioners in the Chilterns, it is crucial for my constituents to be able to plan their evidence accordingly and be as fully prepared as possible. In particular, the prompt release by HS2 Ltd of all the relevant noise data for the South Heath area would be appreciated, as people will be “directly and specially affected”—to use the legal terms—by the extra tunnelling. They may also, as I know the Minister acknowledges, wish to return and petition on the additional changes.
The constituency of the right hon. Member for Buckingham (John Bercow) is also affected by the provisions. Some landowners in the constituency have been affected by multiple additional provisions in the past. With each AP in which more land is taken, the impact on the landowner’s business increases. As such, would not it be right and proper, once all the additional provisions have been published and the true aggregate impact is known, for those affected landowners to be afforded an opportunity to present to the Select Committee again, in order to summarise the overall impact? The right hon. Gentleman also feels that there is a limited explanation as to why additional land is required. One affected landowner who has seen the additional provision knows he is going to lose more land, but claims he has had no explanation as to why. I hope my hon. Friend the Minister will take that into consideration.
Once again, my constituents in Chesham and Amersham will have a very small window between their petition date and the release of AP4 in mid-October. I ask the Committee in particular to be mindful that many petitioners will not necessarily have the time or resources to study AP4 prior to their first petition appearance, and that points may need to be picked up in further detail if a petitioner decides to submit another petition on AP4. I hope that any final decision on a long tunnel in the Chilterns will not take place until after AP4 has been consulted on and all Chilterns petitions heard, so that the Committee will then be in possession of all the arguments for and against the recommendation as it stands.
I ask the Minister whether it would be possible for me to meet HS2 Ltd officials soon after the release of AP4, in order to understand more closely the specific details and aid my constituents in any way I can. Perhaps my colleagues in Buckinghamshire could be similarly briefed.
The deadline for submissions in response to the AP2 supplementary environmental statement ends this Friday, 18 September. I plan to submit a response myself, but, along with several of my constituents who have contacted me, I have found it very difficult to distinguish which aspects of AP2 will be made redundant or affected by AP4. I ask the Minister to be aware that that has been a significant issue during the AP2 consultation period, which gives a further reason for the details on AP4 to be released as quickly as possible. I also continue to have concerns about compliance with the public participation requirements of the Aarhus convention, and situations such as the confusion surrounding AP2 and AP4 do little to assuage them.
I am also concerned that constituents who were affected by the original, pre-AP4 plans and who have conducted their business or made plans accordingly now find themselves in a better position following the adoption of AP4. I would like reassurances from Ministers that the Department will look carefully and favourably on those cases, because it is invidious to have told someone that they are going to lose their business and for them to go on to make arrangements as a result, only to then find that their business premises have in fact been saved by AP4.
I thank my constituents for all their work thus far. I also thank the Select Committee for its work. It is fair to mention the Clerk, Neil Caulfield, who has given exemplary assistance to my office and my constituents.
I hope that the Select Committee will continue to listen to the arguments made by petitioners from Chesham and Amersham and, if the project goes ahead, ensure that it is executed in what I consider the right way. It should ensure that our manifesto promises on the environment are adhered to, not sacrificed on the alter of this project. That still causes a great deal of concern not just among my constituents and other people, but to the Government’s assessment institution, the Major Projects Authority, which continues to afford it an amber/red classification.
Finally, I want to say that I have worked hard with many people and organisations over many years, and inch by inch, we are getting more tunnels in the Chilterns. My appeal to the Minister is: just tunnel to the end of the area of outstanding natural beauty and protect it. At least, we would then have the satisfaction of knowing that it was a job well done.
Mr Goodwill
On phase 1, the line of route is certainly becoming much closer to being confirmed, but on phase 2 there is obviously a lot more work to be done with local authorities and leaders of the great cities of the north, as we call them, to ensure that we get that right. Some criticism has been voiced today that we keep coming back with new changed proposals, but it is important that we react to the points that people make, as the Committee reacts to petitions, for example. We have reacted to ensure that we can deliver a state-of-the-art station at Euston and minimise the impact on local people during the construction phase.
My right hon. Friend the Member for Chesham and Amersham (Mrs Gillan) mentioned the supplementary environmental statement. Let me repeat that for Camden it will be available from tomorrow for consultation until 6 November, while the consultation period on the AP4 area will commence in mid-October—I cannot give an exact date—and will run for six weeks.
The hon. and learned Member for Holborn and St Pancras (Keir Starmer) talked about the phased approach and how that would certainly mean disruption for a longer period, but we need to consider disruption not only to the residents affected by vehicles, noise, dust and so forth, but to the commuters who use the station. Delivering the project in the way we have outlined today will mean having more capacity through that station. I am pleased to reassure Members that some of the coverage at the weekend about reductions in platform space is not correct. There will be an opportunity to make sure that we keep the passengers going through.
As I mentioned in an intervention, Old Oak Common will become one of this country’s most important stations—it will be as well known as King’s Cross, Victoria and Waterloo. Indeed, at least 30% of the passengers will alight there to get on to Crossrail and then to a number of locations around London. As for other areas where it might be quicker to go through Euston when the line is complete, passengers will be able to use Old Oak Common as a connection. To come to Westminster, for example, it will take only three minutes longer via Old Oak Common than it would be via Euston. Many people may get used to Crossrail and like to use the new facilities.
The hon. and learned Member for Holborn and St Pancras, and indeed the hon. Member for Hampstead and Kilburn (Tulip Siddiq), mentioned the provision of social housing. It is important, particularly in the more deprived areas of our capital, to have good social housing provision. We have already committed to replacing lost social housing at Euston. We have purchased the Netley development and we are funding the construction of more social housing in the area—all with the aim of ensuring that social tenants are required to move only once.
The hon. and learned Member for Holborn and St Pancras also asked why the whole station would not be ready by 2026. If we look at the project—phase 1 to Birmingham and phase 2, the Y section—we find that capacity will not be needed until later for additional trains coming from Leeds and Manchester, and many other trains will start their journey further north in Scotland.
I think I have covered a number of the points raised. The ability to divert into Crossrail will be maintained, as my hon. Friend the Member for Milton Keynes South (Iain Stewart) made clear. As for the environmental statement, there will be an ability to prioritise local needs. The hybrid Bill does not take powers for over-site development, which will all be subject to the normal local planning process, so it will need to conform to the local planning strategy. I am sure that there will be tremendous opportunities at Euston for other development in the area, which will capitalise on the new station.
Finally, I come to the Euston arch. I can tell Members that the Secretary of State is very keen to see the resurrection of the Euston arch. We think we know where the bits are. The Euston Arch Trust aims to re-form the arch, and it is for that trust to bring it forward through a local planning application. We have a location for the new Euston Square gardens for the arch to come forward. Personally, I wonder whether a holograph might be even better, but I can certainly confirm that the Secretary of State is very keen to see the arch resurrected.
Mrs Gillan
I thank my hon. Friend for letting me intervene before he finishes. Towards the end of my speech, I raised the position of constituents who were affected by HS2 before the announcement of AP4, which has now been reversed by the Chiltern tunnel extension. Will HS2 Ltd and the Government stand by their proposals to the landowners who were previously affected, or will their position change?
Mr Goodwill
Petitioners will be able to petition if they have locus standi, which is the legal term. We will look at the petitions as they are presented to check whether that is the case, but if people are affected by these changes, they will be able to petition. If, for example, there is no fundamental change in their circumstances on the part of the route to which the tunnel will not extend, they will not be able to present an identical petition for the identical reason that they did so on the previous occasion. It is important for the effective operation of the Committee that we do not open up more petitions that do not relate to the specific changes in AP3 and AP4.
Mrs Gillan
I am thinking of circumstances in which a constituent has effectively lost their business because it was disrupted by the HS2 works, and has made alternative arrangements, with great difficulty and at a financial cost. Now that AP4 has introduced extended tunnelling, they would have been in a much better position, because their business could have been saved. Will the door still be open for them to negotiate with the Department for the compensation that would have been due to them had AP4 not come into existence?
Mr Goodwill
I think I understand the point that my right hon. Friend is making. Because we have improved the scheme from an environmental point of view, it will not have the impact that was envisaged on that particular business. I should be happy to receive representations from my right hon. Friend explaining the exact position, and we will look at them in the context of the compensation packages that we have announced.
I commend the instruction to the House, and hope that it will receive the support that it deserves.
Question put and agreed to.
Ordered,
That it be a further Instruction to the Select Committee to which the High Speed Rail (London - West Midlands) Bill is committed–
(1) that the Select Committee have power to consider–
(a) amendments to accommodate changes to the design of Euston Station in the London Borough of Camden;
(b) amendments to accommodate the requirements of landowners and occupiers and changes to the design of the works authorised by the Bill in the London Borough of Camden;
(c) amendments, to accommodate the requirements of landowners and occupiers, relating to:
i. the London Boroughs of Brent, Ealing, Hammersmith and Fulham and Hillingdon and the Royal Borough of Kensington and Chelsea;
ii. the District of Three Rivers in the County of Hertfordshire;
iii. the parishes of Ellesborough, Great Missenden, Stone with Bishopstone and Hartwell and Wendover in the County of Buckinghamshire;
iv. the parishes of Aston Le Walls, Boddington and Chipping Warden and Edgcote, Greatworth and Marston St Lawrence in the County of Northamptonshire;
v. the parishes of Coleshill, Cubbington, Kenilworth, Long Itchington, Offchurch, Stoneleigh, Ufton, Water Orton, Weston under Wetherley and Wormleighton in the County of Warwickshire;
vi. the parishes of Balsall, Berkswell, Dickens Heath and Hampton-in-Arden in the Metropolitan Borough of Solihull;
vii. the City of Birmingham;
(d) amendments, to accommodate changes to the design of the works authorised by the Bill, relating to:
i. the London Boroughs of Ealing, Hammersmith and Fulham and Hillingdon;
ii. the District of Three Rivers in the County of Hertfordshire;
iii. the parishes of Amersham, Calvert Green, Denham, Preston Bissett, Quainton, Steeple Claydon and Wexham in the County of Buckinghamshire;
iv. the parishes of Boddington and Culworth in the County of Northamptonshire;
v. the parishes of Burton Green, Coleshill, Cubbington, Curdworth, Ladbroke, Lea Marston, Middleton, Offchurch, Shustoke, Southam, Stoneleigh, Water Orton, Weston under Wetherley and Wormleighton in the County of Warwickshire;
vi. the parishes of Hints with Canwell, Curborough and Elmhurst, Drayton Bassett, Fradley and Streethay, King’s Bromley and Lichfield in the County of Staffordshire;
vii. the City of Birmingham.
(e) amendments relating to the extension of the Chiltern tunnel in the parishes of Amersham, Little Missenden and Great Missenden in the County of Buckinghamshire;
(f) amendments for purposes connected with any of the matters mentioned in subparagraphs (a) to (e);
(2) that any petition against amendments to the Bill which the Select Committee is
empowered to make shall be referred to the Select Committee if–
(a) the petition is presented by being deposited in the Private Bill Office not later than the end of the period of four weeks beginning with the day on which the first newspaper notice of the amendments was published, and
(b) the petition is one in which the petitioners pray to be heard by themselves or through counsel or agents.
That these Orders be Standing Orders of the House.
High Speed Rail (London – West Midlands) Bill: Instruction (No. 3)
Cheryl Gillan Excerpts(8 years, 10 months ago)
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Mr Goodwill
That matter does not specifically relate to measures in AP2. Where possible, we will ensure that, as we construct the railway line, we do not rule out other connections, which is precisely the point that I made about the west coast main line.
The changes in total will not increase the overall project budget or target price for phase 1. They result in modest additional costs, but they will be accommodated within the contingency, which is provided for that very purpose.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
Will the Minister tell us what the total additional land take is for these provisions?
Mr Goodwill
I do not have those figures to hand, but it is minimal. In most of the additional provisions, which are in the document that has been provided for the convenience of the House, we can see that these are quite small additional areas of land. They are not major changes to the project, but tweaks. In many cases, they are changes made at the request of the landowner or farmer involved because it improves their situation.
As required by Standing Orders, we will be depositing an estimated expense, setting out the gross costs of these changes should the motion be approved. The motion instructs the Committee to consider these amendments and to hear petitions related to them. It is important to note that the motion does not ask the House to agree that these changes should be made; just that the Committee be allowed to consider them. If the House approves the motion, the additional provision and related documents, including an environmental statement describing the likely significant environmental effects of the changes, will be deposited in Parliament and in local authority offices in those locations affected by the changes.
Mr Goodwill
That document has been provided for the convenience of the House to help with today’s process. The definitive document will be published on 13 July, and that will be the document on which any submissions on the petitioning process can be made. In addition, a supplementary environmental statement will also be deposited. That describes any new or different significant environmental effects that may arise, informed by new survey data that have become available since the deposit of the Bill, as HS2 Ltd has now been granted access to more land. As I have said, those deposits are all planned for 13 July. These documents will supersede the explanatory note made available in advance to MPs and published online last week.
I would like to make Members aware of two minor errors in the document. A change described on page 68 in Berkswell in the constituency of Meriden, while being correctly described and having the correct map, had the wrong plan. One other change relating to a footpath had the correct information provided, but did not clearly highlight the full extent of the footpath that will be amended on page 70. The documents to be deposited on 13 July will contain the full information.
As required by Standing Orders, notices in national and local newspapers will be published immediately after deposit, alerting the public to these changes and the opportunity to feed into the process by petitioning or responding to the consultation, as appropriate. In addition, HS2 Ltd will be writing to those near the proposed changes to highlight the consultation. Once the notices have appeared, a public consultation on the environmental statement lasting 42 days, in accordance with Standing Orders, will commence. This is planned to run from Friday 17 July to Friday 28 August. As with the main environmental statement consultation at the time of Bill deposit, the responses to the consultation will be analysed by Parliament’s independent assessor and the assessor’s report will be tabled in the House ahead of Third Reading.
Mrs Gillan
Is it not a great shame that once again there is going to be a truncated consultation period for this increase in land take? Also, has the Minister considered the fact that the consultation is taking place over the summer? Many of the people who want to feed back on this may be away.
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
It is not often that I follow a Front-Bench Opposition spokesman and can say that I agree with almost every word she spoke.
Once again, I find myself on my feet to decry the process that is being used to put through high-speed rail. The motion before us is just part of a very complex process that is often unfathomable for people outside this House but also sometimes unfathomable for people inside this House. Some of my hon. Friends have not even been able to access the documentation that was made available at the eleventh hour.
Sadly, although the motion has high-level pointers to amendments that relate to my constituency, it does not contain the instructions that I would like to see for a fully bored tunnel to save the area of outstanding natural beauty in my constituency from the HS2 route and the damage and destruction it will cause. I live in hope that one day a fully bored tunnel under the Chilterns will feature in a similar instruction and that the valiant efforts of thousands of people who support that change will come to fruition.
Yesterday, the Select Committee came to Chesham and Amersham and visited Little Missenden, Great Missenden and the Lee, which are subject to the motion. I pay tribute to the members of the Select Committee, who are doing a very thorough job in examining the pain being caused by the project. It is obvious that they are getting a response from the Department and HS2 Ltd: I was so pleased to hear the cheers from my hon. Friend the Member for Lichfield (Michael Fabricant) about the beneficial changes in his constituency. We look forward to similar changes in Chesham and Amersham. I also pay tribute to the hundreds of people who came out on a working Monday to impress on the Committee their antipathy to the horrors of the present construction plans, which will wreak havoc on the area, as well as to tell at first hand the poignant and desperate stories of their own personal circumstances.
Today, we are looking at the process, which, I say to the Minister, has once again been tested and found wanting. It was very short-sighted not only to let us know in such short order that the motion was to be on the Order Paper, but to not make available alongside it the full details. Members of this House expect to be fully informed of what is going on and to not be told that the matter will be addressed on 13 July. I raised a point of order on that very issue and then, miraculously, had delivered to me additional provision explanatory information, which is dated July 2015. Given that it is still June, it was probably not the intention to release it this month. It relates directly to the provisions and it should have been provided to all Members of Parliament so that they could fully examine the proposals.
The big problem, no matter how small or big the land-take or how big the disruption, is that there is uncertainty for our constituents. For the full details not to have been made available to the Committee to see in situ during yesterday’s visit is not the fair and transparent process I would like the Department and HS2 Ltd to pursue.
Liam Byrne (Birmingham, Hodge Hill) (Lab)
I am glad that the right hon. Lady is sharing her experience with the House. Has she seen any evidence of High Speed 2 Ltd actually following a word that the High Speed Rail (London-West Midlands) Bill Select Committee has issued?
Mrs Gillan
As the right hon. Gentleman will know, I am concentrating on Chesham and Amersham. Fortunately, our petitioning process is at its initial phase. The Committee will hear about the tunnelling options worked up by my community and local authorities, and it will then hear from some 800 petitioners. As far as my constituency is concerned, I hope the best is yet to come, but the right hon. Gentleman’s comments reflect some anxiety that HS2 Ltd and the Department may not be listening entirely to what petitioners have to say. However, the Prime Minister assured me in a recent letter that the Department and HS2 are listening to petitioners, so once again I am optimistic and I hope my optimism will be rewarded.
The high-level changes that are indicated in the instruction lead me to question the way in which the explanatory information on the additional provisions has been presented. It is not clear who HS2 is responding to in instructing the Committee to examine a change in the plans. The instruction does not make it clear whether it is petitioners or landowners, or whether it is a petitioner who is a landowner. It could be a new landowner—perhaps HS2 Ltd itself. We need further and better particulars on that in short order.
In my constituency, farmers will be affected by the taking of more land at Mantle’s wood, which is a piece of ancient woodland. Yesterday, a lot of farmers made the point that the land-take will have an impact on their business and will not leave it in a “strong and viable condition”. We need assurances that HS2 has considered that before instructions are given to the Committee that it should examine the parcels of land in question. One complaint from farmers yesterday around Great Missenden, Little Missenden and the Lee was that in some cases, their land will be taken for compulsory replanting of trees that are not suitable. I would have liked some more information from the Minister about that. As I said, the consultation period that has been announced is terribly short, and I urge him to look again at that.
Mr Nick Hurd (Ruislip, Northwood and Pinner) (Con)
I share my right hon. Friend’s concern about the scope and ambition of the additional provisions, which bear no relation at all to the concerns that my constituents are currently expressing to the Committee. There is a complete disconnect there. I also share her concerns about process. Will she join me in pressing the Minister at least to give us some reassurance at the end of the debate that the process will be improved, not least the timing of the provision of information to colleagues?
Mrs Gillan
My hon. Friend joins me and others in saying that we do not feel well done by by HS2 Ltd and the Department. It gives me great sadness to say that, but I would have thought that after this much time—after all, it is six years since the project was announced—the communications process could have been improved. I am afraid that, as the way in which the instruction was introduced shows, the process is still lacking greatly. If we are not informed, how can we inform our constituents and represent them properly?
I have taken up enough time, because I would like to leave time for others who are more severely affected by the additional provisions. I opened the papers this morning to see that HS2 Birmingham to London passengers want onboard GPs, shops and gyms. I repeat to the Minister that I hope we get a fully bored tunnel in the Chilterns area of outstanding natural beauty, because I do not want our precious landscape to be sacrificed for the novel experience of high-speed shopping and muscle toning.
Andy Slaughter
I realise that the Minister is reading from his brief, and that he cannot be expected to know every single detail of all the immaculate plans that are in the document. However, those who are in the middle of this—and a very large part of my constituency is being developed: it is the largest development site in London—are genuinely worried. I plead with the Minister to talk to his colleagues in the Government, and to appoint a tsar, a sultan or whatever the title of such a person might be, to oversee what is happening at Old Oak Common, because otherwise we shall end up with a terrible, terrible mess.
Mrs Gillan
Obviously the hon. Gentleman and I do not see entirely eye to eye on this project. However, he may agree with me that it is time for the Department for Transport to sit down, have a look at the administration of HS2 Ltd, and come up with a proper communication strategy that keeps all of us informed, whether we are pro or anti. We need accurate and detailed information to be provided on a timely basis.
Andy Slaughter
I agree with the right hon. Lady, who is assiduous in her pursuit of this issue. I think that, in time, HS2 Ltd may even thank her for that. There is nothing better than a well-informed critic to keep people on their toes. I am even sympathetic towards HS2 Ltd. I know that the Government are saying, “Make sure that you keep within budget and keep to time, because any further increase in the costs will not be sustainable.” However, HS2 must be clear about the fact that it is not just building a 21st-century railway, but engaging some of the major regeneration projects in the country. It needs to think about the potential for collateral damage, and I am not referring just to the obvious problems.
Members have rightly objected, on behalf of their constituents, to the fact that the development is despoiling countryside, or causing noise or other pollution. My hon. Friend the Member for Ealing Central and Acton (Dr Huq) intervened on behalf of her constituents in Wells House Road and Midland Terrace, who are right up against it. I visited the area, which is in my old constituency, with other members of the Select Committee. My hon. Friend’s constituents will be surrounded on three sides by the development for 15 to 20 years, which is horrific, while on the fourth side the main road, Old Oak Common Lane, will be closed for a year or two. That does not bear thinking about, and I am afraid that it either has not been thought about, or has been thought about and then dismissed and put in the “too difficult” box.
The issue that I raised in a short 80-minute speech in Westminster Hall at the end of last year, when I spoke about the effect on my constituency—particularly the environmental effect, and notably the effect on Wormwood Scrubs, a unique and very large piece of open land—has still not been addressed. I do not believe that the meetings that we were told would take place with amenity groups, environmental groups, residents’ groups and, indeed, transport groups have indeed taken place. I do not believe that the voice of local residents is being listened to. Those residents may be speaking in an entirely parochial way—quite properly—about their property or land and their need for adequate compensation, which we in the urban areas are certainly not receiving. They may be speaking for the wider public good and the environment, or coming up with innovative and better transport schemes. In any event, I plead with the Minister to go back to HS2 and say that it must take a more responsible attitude. It must balance its duty to build the railway, which I support, with its duty to the constituencies through which is passes.
Mr Goodwill
With the leave of the House, Mr Deputy Speaker.
The first point that I should make is that the motion is about the process. It is about kicking the ball into play, and it is for those who are directly affected, and the Select Committee, to carry out the game. Having said that, I should add that many Members on both sides of the House have made very effective points on behalf of their constituents and the interests of their particular areas.
I want to make it clear that I will always be pleased to engage with colleagues around the House on these and future additional provisions. We are expecting to bring forward AP3, which will relate to Euston, before the end of the year. If Opposition Members have concerns, it might be easier to arrange visits to their constituencies through the pairing Whip, and I would be happy to do that if it is at all possible.
The consultation period was mentioned. A period of 42 days is set out in Standing Orders, and I believe that that is appropriate. Looking back over the whole scheme, we have had about two years’ worth of consultations on one aspect of HS2 or another, so it would be hard to say that we have consulted too little. My right hon. Friend the Member for Chesham and Amersham (Mrs Gillan) raised some important points. I should point out that, of the 20.8 kilometres in her constituency in the Chilterns, only 3.3 kilometres will not be in a tunnel. I am sure that is largely due to her doughty campaigning.
Mrs Gillan
The Minister knows that it is impossible to over-flatter a fellow politician. Let me make it clear, however, that 45% of this railway will be in a fully bored tunnel in my constituency, and that 55% will be in a green tunnel or in cuttings, which will be a scar on the landscape and will damage the area of outstanding natural beauty. This is a PR exercise too far. We want a whole tunnel.
Mr Goodwill
My right hon. Friend raises a point that I am well used to hearing, and I know that the Select Committee is in no doubt about the strength of her feelings and those of her constituents on this matter. I would remind her that one of the major political parties stood in the election on a Stop HS2 platform and that, despite that, her majority was increased. I am sure she would argue that that was due to the strength of her campaigning, rather than to the scheme itself. Two of the four changes in the additional provision that relate to her constituency have been made at the request of landowners. That shows that we are reacting to people’s very real concerns.
My right hon. Friend the Member for Meriden (Mrs Spelman) asked about certain concerns in her constituency, and I will certainly write to her with full details, but many of them will be in the environmental statement. For example, the Berkswell greenway change extends the greenway to Berkswell station, which will benefit existing users.
The hon. Member for Nottingham South (Lilian Greenwood) asked why information on the petitioning period was not included in the press notice. The petitioning process depends on the motion being passed today, and we would therefore have pre-empted the will of the House if we had announced that information in a press notice. She also mentioned the maps and the information on land take. That information will all be provided in the environmental statement that will accommodate the deposit if the motion passes.
My right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) mentioned western rail access, which is important to the future connectivity of our country. I can reassure him that the depot at Langley is compatible with the western rail access to the Heathrow scheme.
The hon. Member for Ealing Central and Acton (Dr Huq) raised the very real concerns of her constituents about the compensation arrangements. I should like to point out to her that the residents of Wells House Road are eligible for the need-to-sell scheme. Indeed, properties in that road that are in safeguarding can issue blight notices to have their properties purchased.
As I have said, many of the points raised in the debate should be raised in petitions and through the process that is commencing today. I congratulate the Chairman of the Select Committee on Transport, the hon. Member for Liverpool, Riverside (Mrs Ellman), on retaining that position unopposed. She and the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) talked about the quality of the process. The process is about the people involved in it, and that means not only the members of the Select Committee that is considering the Bill but those involved with HS2—I know that they have had a bit of stick today, but by and large they are doing their best to address these problems—and the many people up and down the line of route who are being affected and who have engaged with the process in such a commendable way.