Highways (Financing) Bill (Third sitting)

Douglas Lumsden Excerpts

Committee stage
Tuesday 3rd November 2026 Public Bill Committees

[Justin Madders]

I thank hon. Members for their contributions, and I welcome the hon. Member for Guildford to the Committee and thank her for moving her amendment. The concern she raises through the amendment is that the impact of licensed roads on the surrounding network should be properly considered. However, that does not mean that we need to extend the Office of Road and Rail’s general duties in clause 1, nor does it mean that the licence holder would be free to disregard the impact of its activities on surrounding local roads, because clause 1 reflects the scope of the licensing regime concerning trunk roads. The Bill deals with the impact on local roads in other, more appropriate ways elsewhere, for example under clause 4.

Before a licence can be granted, the licensing authority must consult appropriate persons exercising functions in relation to highways. That enables local highway authorities to feed in their views where roads may be affected. The relationship does not end once the licence is granted; clause 8 also allows the ORR to require the licence holder to co-operate with other highways authorities as part of the licence. The framework for the Bill provides a route for local road impacts to be addressed, without extending the ORR’s overarching duty beyond the roads it is regulating. Local roads are considered as part of the Bill, which provides appropriate ways for their interests to be considered without extending the overarching statutory duties beyond the scope of the licensing regime. The existing provision provides the appropriate balance between ensuring that the wider impacts are considered and giving the ORR a clear and workable statutory duty.

In terms of the specifics of the lower Thames crossing, it is difficult to see what this other local road crossing the Thames would be and how it would be affected. As my hon. Friend the Member for Dartford has explained so clearly, that is one of the reasons why this project is crucial. I would therefore ask the hon. Member to withdraw her amendment.

I turn to amendment 47 from the shadow Minister, the hon. Member for Mid Buckinghamshire. It would remove the ORR’s duty to contribute to sustainable development when carrying out its duties under the Act. We have deliberately designed those duties as a balanced package. The ORR’s principal focus remains the interests of road users, alongside the efficient and economic delivery of highways and the ability of licence holders to finance their activities. Sustainable development is one of the wider considerations that the ORR must have regard to when carrying out those functions—it does not override the principle considerations.

This is not a novel duty; it is an approach consistent with established economic regulatory regimes in the energy and water sectors, where sustainable development forms part of the wider statutory framework within which independent regulators operate. Projects put forward under this legislation will involve significant infrastructure works, including the construction and improvement of roads. This can have significant environmental and wider impacts, therefore it is right that sustainable development, including the consideration of environmental impacts, is expressed in the duties in the Bill.

[Douglas Lumsden (Aberdeen South) (Con)]

It is a pleasure to serve under your stewardship, Mr Dowd. Can the Minister give us any idea of how much the sustainable measures are actually costing on the project?

[Justin Madders]

I do not have any particular details on that, so I will write to the hon. Member. The requirements on sustainable development originate from the Environment Act 2021. I know he was not here at that time, but that was a piece of legislation brought in under the then Conservative Government. Under section 19 of that Act, Ministers are required to have due regard to the Government’s environmental principles policy statement when making policy. Those principles ensure that environmental considerations are built into policy making from the outset, as is the case in this Bill, so we are not breaking new ground or doing anything different from what has been done before on sustainable development.

There are real factors to bear in mind in delivering major infrastructure, and it is right that we consider them as part of our consideration of the Bill. I am sure that my hon. Friend the Member for Dartford, whose constituents are affected by this Bill, would want the local environment to be considered.

I turn now to amendment 48. I think the general thrust of the arguments here will be the same, because the approach we are taking is consistent with established economic regulatory precedents, as seen in the energy and water sectors. The Secretary of State’s primary focus remains the interest of users of trunk roads in England, particularly the efficient and economic delivery of highways and the ability of the licence holder to finance its activities. As I have already stated, sustainable development does not override those considerations. Decisions under this framework should take into account the wider public interest factors set out in the clause and not focus on any single consideration in isolation.

To respond to the questions that the hon. Member for Mid Buckinghamshire asked about diesel, as we have already heard, the evidence is clear that this is at best a marginal issue in terms of costs. As my hon. Friend the Member for Northampton South suggested, reopening this question could lead to significant delay on the project.

Of course, the DCO has been settled for a considerable period. It has brought significant benefits already, in particular large landscape-scale environmental enhancements of semi-natural habitats, woodlands, species-rich grasslands, open mosaic habitats, and wetlands. This approach will support a greater, more diverse range of wildlife than areas such as agricultural land or amenity grasslands. By making LTC a tunnel and extending it, the project will avoid protected wetlands on the banks of the River Thames, helping to reduce impacts on environmentally sensitive habitats such as the marshes special protection area and Ramsar site. That will be of benefit to the wider community, and the suggestion that we withdraw that element of the Bill is regrettable.

Amendment 68 is in this group of amendments, but I do not think the shadow Minister spoke to it, so I seek your advice, Mr Dowd, as to whether we are dealing with it now.

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[Greg Smith]

Or Wales.

Can the Minister rise to the challenge? Can he make a legislative commitment in line with his words at the Dispatch Box and in oral evidence, and accept amendment 82? If the Government are reluctant, or straightforwardly do not want, to accept the amendment, I fear those questions are forever going to persist in the minds of British motorists and of all road users, be they driving a car themselves or reliant on a car’s passenger seat to be taken wherever they want to go. That is an important point of principle on which the Minister must surely accept the view out there in the country, and the view of His Majesty’s loyal Opposition. He should put it on the face of the Bill.

[Douglas Lumsden]

I am struggling to understand something about the Bill. If an improvement is made on a small section of a 100-mile road, is it clear whether tolls could be introduced for the whole road or just for the section that was improved?

[Greg Smith]

I am grateful to my hon. Friend for that question, which is really one for the Minister. He highlights one of the key points that the public out there—all our constituents—will be asking about what this really means. As best, the current scope of the Bill allows for a bit of a lawyer’s paradise and for the issue to be argued over for many years and decades to come; at worst, it straightforwardly allows precisely the fear that my hon. Friend outlined.

Let us just have clarity. It is a simple amendment. We are not asking for the world. We are saying we are broadly with the Government on introducing this model for the lower Thames crossing, but there has to be that legislative certainty that does not allow for mission creep from where the current Minister sees the world, under this legislation, compared with where any future Government might wish to try to take it. The Opposition do not believe that tolls should apply beyond the construction of wholly new roads. There should not be the mission creep that is currently allowed, which is why my hon. Friend the Member for Bognor Regis and Littlehampton and I tabled amendment 82.

Also in this group is Opposition amendment 81, which would

“require consultation with relevant local and mayoral authorities before granting a licence for a road that is to become a trunk road.”

There is considerable concern in the country about this issue, particularly from councils and a number of mayors. There is certainly concern from the Mayor of Cambridgeshire and Peterborough, who is arguably the best mayor in the country at the moment—he is a very old and dear friend of mine, if I need to declare an interest. Whenever I try to do the journey from Buckinghamshire to Suffolk, where my in-laws are, I am frustrated by the fact that, the minute I hit Cambridgeshire, the traffic stops and everything seems completely dug up. I will immediately phone him to have a go, but he will continually push back and say, “But the Government haven’t given me any highways powers or authority!”, whereas we know that other mayoralties in the country have them.

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[Douglas Lumsden]

Last week, we heard that the Bill is potentially a Trojan horse. We could have narrowed its scope earlier to just the lower Thames crossing with amendment 46, but that was ruled out. We also have issues with what constitutes an “improvement…increasing the capacity”. We have heard that that is not necessarily a new road, or even a new lane built along the whole length of the highway; it could just be smart cameras or other little improvements that increase capacity slightly.

We have had some assurance from the Minister that this will not be a Trojan horse Bill and that it will be used only for the lower Thames crossing, but as we know, Ministers change, Governments change. We are meant to put that all down to trust. The amendment therefore makes it quite clear that this has to be a new road, and the measure would only be able to be used on that new road.

As things stand, I think we are leaving too much down to interpretation—leaving too much to having faith in Governments that may come and go. This is probably the most important amendment that we will look at today, so I think it is vital that it is included in the Bill to make it as clear as possible that the Bill applies just to new roads. It even should apply just to the lower Thames crossing.

[Justin Madders]

I thank hon. Members for their contributions on this group. Without doubt, the scope of the licensing regime is an important subject, including which road schemes can be brought in and—as amendment 81 refers to—how local authorities should be consulted.

Turning to amendment 82, I thank the shadow Minister for raising the issue of the circumstances in which a licence can be granted for improvements to existing highways. He asked why the licence would extend beyond the construction period. The simple answer to that is that the model is deliberately designed around the whole life cycle of major infrastructure, not simply the point at which it is built. That is why the Bill provides not only for construction, but for qualifying capacity-enhancing improvements and the subsequent operation and maintenance of infrastructure within the regime.

In particular, things such as the lower Thames crossing, a very expensive project, will need consistent and persistent maintenance and repair. That matters because one of the benefits we seek from this model is strong long-term management of assets. The regulatory framework provides ongoing oversight, with incentives to manage operating costs and maintenance investment efficiently over the life of the infrastructure. Removing capacity-enhancing improvements would unnecessarily restrict the framework. It would mean that the model could not be used for major upgrades to existing road infrastructure, simply because the project involves improving an existing road rather than constructing an entirely new one. For example, a significant reconstruction of an existing bridge to add capacity, or a new tunnel that increases the capacity of an existing highway, could be excluded from the regime.

[Douglas Lumsden]

I asked this question of my hon. Friend the Member for Mid Buckinghamshire and I will ask the Minister the same. When this Bill comes into play, if an improvement were made on one small section of a road, could a toll be introduced for the whole length of that highway, or could it be introduced only for the small section where the improvement was made?

[Justin Madders]

That would be where clauses 1 and 2 come in, which should give the hon. Member sufficient reassurance. It is important to say—I will use scouse terminology, if you do not mind, Mr Dowd—that I think the arguments coming forward are a bit jarg. I do not know if that is a phrase the Committee is familiar with, but it is a bit of a scaring-the-horses moment—a bit of a ride on the ghost train. Unfortunately, that is what we have come to expect from the Opposition. They are trying to create a scare story where none exists. I have to be clear, as I was on Second Reading and in the evidence sessions, that improving an existing road does not mean that the road will automatically be brought into the regime or be subject to tolls.