Infrastructure Bill [Lords] Debate
Full Debate: Read Full DebateDepartment: Department for Transport
John Hayes
Main Page: John Hayes (Conservative - South Holland and The Deepings)Department Debates - View all John Hayes's debates with the Department for Transport
(9 years, 3 months ago)
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Tom Greatrex
I thank my hon. Friend, who makes an important point. We are here to scrutinise this Bill, and we have reached this stage after our debate in Committee with a whole stream of amendments on a range of relevant issues. We asked for two days and we have secured only one, and we are left with a very short time to try to deal with the issues. It is very difficult indeed for the House collectively to make a judgment on them. That is an indication of a dereliction of duty on the part of the Government in bringing this Bill before us this afternoon.
The Minister of State, Department for Transport (Mr John Hayes)
I have no desire to embarrass the hon. Gentleman—I regard him almost as a protégé, so I would never want to do that. I have to tell him, however, that the letter in question, which he claims not to have received, was dated 20 January and was sent by me on the specific issue raised by the hon. Member for Ellesmere Port and Neston (Andrew Miller). It was addressed, by the way, to “the right honourable Andrew Miller, MP” and it says at the bottom: “I trust this is a response to your question and I am copying it to the Chair and members of the Public Bill Committee.” There must therefore be some misunderstanding on the part of the hon. Member for Rutherglen and Hamilton West (Tom Greatrex). I know he is a decent and honourable man, so I take it that the matter is now closed.
Tom Greatrex
I am sorry to disappoint the Minister, given that I seem to have just been anointed his protégé. That will have done me no good at all. If my hon. Friend the Member for Ellesmere Port and Neston cannot find any evidence that he has received that letter—[Interruption.] If he has not received the letter, it makes it very difficult for us to deal with these issues.
Let me return to the wider issue of what the Minister said a moment ago now in relation to the protection of certain areas, which the hon. Member for Thirsk and Malton (Miss McIntosh), the right hon. Member for Uxbridge and South Ruislip (Sir John Randall) and others have raised in amendments. There seems to be a suggestion that the exception in the Bill would be removed, but no indication of how that would be done, given that the Bill has been through the House of Lords and we are now dealing with its final stages.
Andrew Miller
I rise to speak in support of amendment 117, which is in my name. In Committee, I brought to Members’ attention the Government’s own science and innovation strategy, which talks very clearly about openness. It says:
“Technology allows openness and public scrutiny of research that was not possible until now –going far beyond the ability to share a published paper through open access; the data and the information behind the paper can be made available to all.”
That substantive document, which was produced by the Treasury and the Department for Business, Innovation and Skills, sets out the case for openness. There are two areas of this debate where openness has not occurred. The first relates to the redacted documents from the Department for Environment, Food and Rural Affairs, which is hardly consistent with the Government’s stated position. The second relates to the point made in amendment 117, which is that baseline monitoring data should be published
“in a form that enables it to be subject to scientific peer review.”
It can be done.
The Minister of State, Department for Transport, the right hon. Member for South Holland and The Deepings (Mr Hayes) referred to a letter—I thank him for giving me a copy of it because I had not seen it—but it does not address the substantive point of the amendment, which is that data should be published in a form that enables them to be available for scientific peer review. I am not talking about any old published charts and data. The data should be published in a way that the scientific community can use. There are established standards that are well understood by the Departments of the Minister and the Under-Secretary of State for Energy and Climate Change, the hon. Member for Hastings and Rye (Amber Rudd). I also ask the Minister to consider that matter with some care as the Bill progresses through the Lords.
Andrew Miller
I am extremely grateful to the Minister, and ask him to clarify that matter in the Bill.
Nick Herbert
I strongly agree with my right hon. Friend, who has been tireless in promoting the interests of local communities against such developments in his constituency.
The first problem is the Planning Inspectorate upholding or encouraging speculative applications. The second is that the inspectorate is interfering with local plans drawn up by planning authorities. The Conservative party’s manifesto at the last election stated:
“To give communities greater control over planning, we will…abolish the power of planning inspectors to rewrite local plans”.
That is exactly what we should now do, but the inspectorate is rewriting local plans. It is raising housing numbers in my constituency to beyond the level set out in the south-east plan, and it is causing delay at a time when responsible authorities are planning for a great number of houses—40,000 in the district council areas that cover my constituency, where there are 7,000 unbuilt planning permissions in one authority alone.
Mr Hayes
My right hon. Friend is making a powerful and persuasive case. Let me be absolutely clear: if the existing regime is not satisfactory, as he describes, we will have a regime that is. New guidance will be issued that is stronger and more effective, that defends the interests of local authorities and that prevents the problems he has set out.
Nick Herbert
I very much welcome the Minister’s important intervention, and we look forward to that new guidance.
The Planning Inspectorate is meant to stand in the shoes of Ministers. I submit that Ministers could stand in their own shoes and take decisions themselves if they had to interfere. That would perhaps deal with at least some of the £40 million budget and 80 staff of the Planning Inspectorate.
Madam Deputy Speaker (Mrs Eleanor Laing)
With this it will be convenient to discuss the following:
Government new clause 17—Route strategies.
Government new clause 18—Periodic reports by the Secretary of State.
New clause 5—Cycling and Walking Investment Strategy—
‘(1) The Secretary of State may at any time—
(a) set a Cycling and Walking Investment Strategy; or
(b) vary a Strategy which has already been set.
(2) A Cycling and Walking Investment Strategy is to relate to such period as the Secretary of State considers appropriate but must be reviewed as least every five years.
(3) A Cycling and Walking Investment Strategy must specify—
(a) the objectives to be achieved during the period to which it relates; and
(b) the financial resources to be provided by the Secretary of State for the purpose of achieving those objectives.
(4) The objectives to be achieved may include—
(a) activities to be performed;
(b) results to be achieved; and
(c) standards to be met.
(5) The Secretary of State must comply with the Cycling and Walking Investment Strategy and shall be responsible for updating Parliament annually on his compliance with it.
(6) If a Cycling and Walking Investment Strategy is not currently in place, the Secretary of State must—
(a) lay before Parliament a report explaining why a Strategy has not been set; and
(b) set a Cycling and Walking Investment Strategy as soon as may be reasonably practicable.
(7) Schedule (Cycling and Walking Investment Strategy: Procedure] (which contains provision about the procedure for setting or varying a Cycling and Walking Investment Strategy) has effect.”
Amendment 4, page 1, line 4, leave out clauses 1 and 2.
Amendment 5, in clause 3, page 2, line 40, leave out “a strategic highways company” and insert “the Highways Agency”.
Amendment 6, page 3, line 4, leave out “company” and insert “Highways Agency”.
Amendment 43, page 3, line 7, at end insert—
“(c) the anticipated impact of the Roads Investment Strategy upon the condition and development of the local roads network;
(d) the anticipated impact of the Roads Investment Strategy upon the provision of local transport, including increasing walking and cycling;
(e) the anticipated impact of the Roads Investment Strategy on links with other nationally and regionally significant transport and infrastructure projects, including ports and airports, and;
(f) the anticipated impact of the Roads Investment Strategy on the growth plans of city regions and sub-regional bodies.”
Amendment 7, page 3, line 16, leave out “company” and insert “Highways Agency”.
Amendment 8, page 3, line 18, leave out “a strategic highways company” and insert “the Highways Agency”.
Amendment 10, in clause 4, page 3, line 27, leave out “A strategic highways company” and insert “The Highways Agency”.
Amendment 11, page 3, line 32, leave out “A strategic highways company” and insert “The Highways Agency”.
Amendment 70, page 3, line 34, leave out “the environment, and” and insert
“air quality and other aspects of the environment, and”.
The Amendment would add an explicit obligation on the Strategic Highways Company to address air quality, as recommended by the Sixth Report from the Environmental Audit Committee, Action on Air Quality, HC 212, paragraph 61.
Amendment 12, page 3, line 36, leave out clauses 5 to 7.
Amendment 13, in clause 8, page 5, line 34, leave out “a strategic highways company” and insert “the Highways Agency”.
Amendment 14, page 5, line 38, leave out “a strategic highways company’s” and insert “the Highways Agency’s”.
Amendment 15, page 5, line 42, leave out “a strategic highways company” and insert “the Highways Agency”.
Amendment 16, in clause 9, page 6, line 22, leave out “a strategic highways company” and insert “the Highways Agency”.
Amendment 17, page 6, line 26, leave out “a strategic highways company” and insert “the Highways Agency”.
Government amendment 112.
Amendment 18, page 6, line 29, leave out “a strategic highways company” and insert “the Highways Agency”.
Amendment 19, page 6, line 35, leave out “strategic highways company” and insert “Highways Agency”.
Amendment 20, page 6, line 37, leave out “company” and insert “Highways Agency”.
Amendment 21, page 6, line 39, leave out “strategic highways company” and insert “Highways Agency”.
Government amendments 113 and 114.
Amendment 22, in clause 10, page 7, line 2, leave out “a strategic highways company” and insert “the Highways Agency”.
Amendment 23, page 7, line 8, leave out “company” and insert “Highways Agency”.
Amendment 24, page 7, line 9, leave out “company” and insert “Highways Agency”.
Amendment 25, page 7, line 10, leave out “company” and insert “Highways Agency”.
Amendment 26, in clause 11, page 7, line 16, leave out “strategic highways company” and insert “Highways Agency”.
Amendment 27, page 7, line 20, leave out “strategic highways company” and insert “Highways Agency”.
Amendment 28, page 7, line 22, leave out “strategic highways company” and insert “Highways Agency”.
Amendment 29, page 8, line 2, leave out clauses 13 and 14.
Amendment 30, in clause 15, page 9, line 32, leave out “strategic highways company” and insert “Highways Agency”.
Amendment 31, page 10, line 10, leave out clause 16.
Government amendments 94 and 101.
New schedule 1—“Schedule
Cycling and Walking Infrastructure Strategy: Procedure
1 This Schedule specifies the procedure by which a Cycling and Walking Investment Strategy is set or varied.
2 The proposals in a Cycling and Walking Investment Strategy must include details of—
(a) the objectives to be achieved, including but not limited to—
(i) increasing the share of travel that is walked and cycled;
(ii) increasing the proportion of the population that regularly walks or cycles; and
(iii) improving actual and perceived safety of walking and cycling.
(b) the financial resources to be provided by the Secretary of State for the purpose of achieving those objectives; and
(c) the period to which the proposals relate.
3 Publication of the Cycling and Walking Strategy may be in such manner as the Secretary of State considers appropriate.
4 The Secretary of State may only publish or vary a Cycling and Walking Investment Strategy if the Secretary of State has consulted on the proposals with such persons as the Secretary of State considers appropriate.
5 In performing functions under this Schedule, the Secretary of State must have regard to the desirability of maintaining certainty and stability in respect of Cycling and Walking Investment Strategies.”
Amendment 32, page 60, line 2, leave out schedule 1.
Amendment 33, in schedule 2, page 87, line 11, leave out “a strategic highways company” and insert “the Highways Agency”.
Amendment 34, page 87, line 19, leave out “company” and insert “Highways Agency”.
Amendment 35, page 87, line 20, leave out “company” and insert “Highways Agency”.
Amendment 36, page 87, line 22, leave out “company” and insert “Highways Agency”.
Amendment 37, page 87, line 27, leave out “strategic highways company” and insert “Highways Agency”.
Amendment 38, page 88, line 4, leave out “strategic highways company” and insert “Highways Agency”.
Amendment 39, page 88, line 7, leave out “company” and insert “Highways Agency”.
Amendment 40, page 88, line 10, leave out “company” and insert “Highways Agency”.
Amendment 41, page 88, line 22, leave out “strategic highways company” and insert “Highways Agency”.
Amendment 42, page 88, line 25, leave out schedule 3.
Amendment 127, in schedule 3, page 89, line 8, at end insert—
‘(2A) The transfer scheme may make consequential, supplementary, incidental or transitional provision and may, if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.”
Amendment 76, page 92, line 5, at end insert—
“(d) that person is protected by the conditions set out in the Transfer of Undertakings (Protection of Employment) Regulations 2006.”
Government amendment 115.
Amendment 77, page 92, line 5, at end insert—
‘(1A) The Transfer of Undertakings (Protection of Employment) Regulations 2006 apply to the transfer of a relevant undertaking either.
(a) to a different company appointed as a highway authority under section 1 of this Act, or
(b) to any other equivalent public sector body established to undertake general duties of a strategic highways company.”
Government amendment 116.
Mr Hayes
I rise with some enthusiasm because, as the House knows, cycling has moved up a gear as a result of this Government. New clause 13 reflects the Government’s commitment to cycling and walking, and making these the natural choice for shorter journeys. The cycling fraternity has responded already. No less a personage than Chris Boardman described this proposal as representing
“a massive shift in thinking and, most importantly, commitment.”
He went on to say:
“It brings us one step closer to realising our vision for a cycling nation . . . Everyone who rides a bike should see this as the start of something really exciting.”
Government have to take difficult decisions, and not everything we do is universally popular, but when one gets such acclamation, one has to—I will not say milk it; that would be wrong—draw it to the attention of the House in a measured and humble way, which is what I intend to do in this short debate about cycling.
This is certainly an exciting move forward. Since 2010, the Government’s spending on cycling overall has more than doubled compared with the last four years of the previous Administration, with £374 million committed between 2011 and 2015. The Minister responsible for cycling—I do not count that among my encyclopaedic list of responsibilities—is the Under-Secretary of State for Transport, my hon. Friend the Member for Scarborough and Whitby (Mr Goodwill). He has been a champion of this and should be recognised for his efforts and dedication in listening to the issues raised by cycling groups and responding to them.
David Rutley (Macclesfield) (Con)
The Minister is making an important speech. He is setting out a very clear strategy, which is absolutely vital. Does he agree that it is not just the investment but the outcomes that will be so important for the nation, particularly in tackling the growing challenge of physical inactivity?
Mr Hayes
My hon. Friend is right; not for the first time, he highlights these matters. That is precisely why the reporting mechanisms implicit in the new clause are so significant. As he rightly says, it is not enough simply to put in the resources, although we are clearly doing that, as I have shown; it is also important that we measure the effect of those resources. As I said, the arrangements that we have set in motion ensure that these matters are reviewed regularly, and that when setting or varying the strategy we bear in mind the desirability of certainty and stability. We will consult on whether to make a variation once the strategy has been set. For those reasons, I hope that the whole House will join me in welcoming this exciting development.
Dr Huppert
On behalf of everyone else from the all-party cycling group, others who supported the new clause and all the organisations who have worked on this, I thank the Minister for the Government agreeing to do this, because it will make a big difference. Will he update us on what has happened to the draft strategy that came out last year? When should we expect a full-blown strategy to take effect?
Mr Hayes
The new clause, should it turn from a vision to a proposal to a law, will facilitate that strategy and escalate the process by which it is developed and delivered. Much of the work has been done, as the hon. Gentleman implied, but it has now been framed in the most appropriate place—that is, the Bill, which sets in motion a road investment strategy about which I shall wax lyrical in a moment. It would be ironic to have a road investment strategy without having a walking and cycling strategy alongside it. That case was made by cyclists here in the House and beyond, and it is a persuasive one. The hon. Gentleman can look forward to the achievement of his ambitions being carried out with alacrity.
New clause 5 and new schedule 1 on a cycling strategy are designed to achieve a very similar purpose to new clause 13. The Government’s new clause and amendments make the duty clearer. On that basis, I invite those who gave them life to recognise the progress that has been made and withdraw their amendments.
I turn to new clause 17 and the important issue of ensuring that the road investment strategy will take account of local issues. Opposition Members made that argument powerfully when we considered these matters in Committee, and the case was made both formally and in informal discussions across the House. The road investment strategy—as I need not remind you, Madam Deputy Speaker, because I know you are intimately familiar with it—is a series of documents that sets out a long-term commitment to road investment, backs that with funding, and determines by empirical means where that money will make the most difference. It was said that the strategy needed to marry with much of what is happening on local roads, which are the preserve of local highways authorities. It was argued that if there were a mismatch between that local activity, and the decision making that takes place in those authorities, and the judgments that are made as part of the bigger strategy, there could be problems of inconsistency, overlap or perhaps even contradiction between local and national ambitions.
It therefore seemed important that the Government look at the role of route strategies in those terms, and that is precisely what we intend to do. The road investment documents that were issued in December, to much stakeholder acclaim, clearly demonstrated how the investments that we have prioritised will support cities by helping to connect housing sites, enterprise zones and other industrial developments. Just as we have committed to supporting ports, airports and the construction of High Speed 2, the road investment strategy is designed to give a degree of certainty, to build confidence, and to facilitate investment accordingly. This is a significant change in public policy. We are moving from the piecemeal annualised funding of roads to a bigger vision supported by bigger policy assumptions.
Guy Opperman (Hexham) (Con)
I very much welcome this plan, because for too long we have had isolated, year-by-year approaches. This will make a real difference, particularly in the north, where we have, for example, the A69 dualling scheme. That was approved for a feasibility study by the Chancellor in the autumn statement, but now we can plan for a long-term future supported by both local enterprise partnerships. Is not this part of the way forward?
Mr Hayes
Yes, that is right. As I said, this is a significant change in terms of public policy assumptions. To be frank—this is not a criticism of a particular Government—post-war Governments have not always approached infrastructure as well as they might have done. There are all kinds of reasons for that, such as a nervousness about binding the hands of one’s successors or a reluctance to get these big decisions wrong. In democratic politics, there is a pressure towards delivering results in a five-year span—understandably, as we all have to be re-elected—and some of the decisions we are making in this strategy will have a payback over a much longer period than that. When building roads, rather like power stations and significant railway projects, the reward in terms of well-being and economic activity has a reverberating effect for many decades. As a result, Governments sometimes do not take these big but necessary decisions that serve the national interest.
Sir Alan Beith
There is no better illustration of the Minister’s point than the history of A1 dualling over decades. I commend the Government for building in a commitment to, and the means of achieving, a substantial part of that. We would like more to be dualled, but that is a very significant move forward.
Mr Hayes
I am grateful to the right hon. Gentleman. As he knows, I am a frequent visitor to his constituency for recreational purposes. I tend to holiday on the north-east coast in Bamburgh and other places. I know the road north of Newcastle extremely well, and I am aware of the difficulties in terms of safety and congestion, although we have addressed the issues around Newcastle itself. As he will also know, I have visited the area as a Minister to see first hand some of the challenges and what can be done to overcome them.
Sir Greg Knight (East Yorkshire) (Con)
Will the route strategies include strategies on speed limits? If so, does my right hon. Friend intend to make greater use of variable speed limits, which have been quite successful?
Mr Hayes
Variable speed limits are part of the smart motorway schemes that we are doing immense work on. Indeed, I was speaking about them at lunchtime today. They reflect a greater understanding of and ability to alter the way in which people interface with roads through the provision of dynamic information, and allow us to make much better use of infrastructure once the investment has been made. The way in which people drive, what they drive and the way in which they interface with the information that is provided for them on the road will change considerably over our lifetimes and beyond. It is important that we do not allow any rigidity in public policy to inhibit the developments that will spring from such technological changes.
My right hon. Friend is right that variable speed limits are an important part of that future. He has been a great champion of them. Indeed, what greater champion of roads and motoring has there been than my right hon. Friend, who has shared many long evenings discussing just these kind of matters with me? I look forward to many more.
Through the route strategies, Highways England, the body that we are creating, will work closely with local authorities, LEPs and other bodies, including rail bodies, to develop the building blocks of future plans. It will ensure that local roads, local transport, our cities and other modes of transport are considered throughout the strategy development process. That is the point. It is a point that the hon. Member for Birmingham, Northfield (Richard Burden) made in Committee. It was taken on board by the Government. People call me the people’s Minister, but I would rather be called the listening Minister, because I listen and respond to good argument, and I try to develop politics and policy accordingly.
Joan Walley
I am grateful to the Minister for giving way, because he is clearly a well travelled Minister, just like the well travelled road. While he is in listening mode, I remind him that when he gave evidence before the Environmental Audit Committee on air quality, he said specifically that the remit of the new body he was creating would include environmental concerns. If he has read our report and listened to what we have said, he will know that we are calling for
“a legal duty to protect air quality”
and the introduction of
“a specific clause to that effect in the Infrastructure Bill”.
Will he tell us how he has listened and brought that to fruition?
Mr Hayes
Let me say two things, the first of which is how much I enjoy giving evidence before the hon. Lady’s Committee. I have enjoyed many exchanges with her on policy matters over a considerable period. Secondly, I will ensure that environmental considerations are built into all the strategic thinking and the development of all these plans. Air quality should be regarded as a salient that is taken into account in the building blocks, as I have described them, that we put together between local roads and the national strategy.
Furthermore, the hon. Lady will be delighted to know—indeed, I hope that she will be in the audience—that I will be making a speech in the next few weeks on precisely these issues: the environmental aspects of the strategy and how we need to develop a new paradigm in respect of the environmental impact of infrastructure development. I can tell that the excitement is building in the House as a result of that. I can see that she is excited enough to intervene again.
Joan Walley
Does what the Minister has just said amount to a legal duty? He has referred to the way in which some of the responsibilities for roads lie with local authorities and some with the new agency. Without a legal duty, it is impossible to see how there can be certainty—rather than uncertainty—that everything possible will be done to reduce air quality problems.
Mr Hayes
Even my audacity does not allow me to make up legal duties on the hoof. I shall take away what the hon. Lady proposes and look at the legal ramifications. I am clear that air quality and the environment are an absolute salient in these matters. As I said, I will ensure that those considerations are built into the development of the strategies, but far be it from me to say what I cannot subsequently justify. I do not want to make up a legal duty as I go along, and I know that she would not expect me to do so.
Notwithstanding what I have said about the importance of route strategies, I understand that there are those who would like additional reassurance that they will happen. That is why I tabled new clause 17, which will insert a reference to route strategies in the Bill. The Secretary of State will require a strategic highways company to prepare and publish one or more strategies on the management and development of the highways to which it has been appointed, which will be known as route strategies. The strategies must be published, as must the Secretary of State’s directions to the company, so we have provided that the process will be transparent and comprehensible. The new clause, along with the provisions in the statutory directions and guidance, which we have updated, provides reassurance, while giving Highways England the flexibility to adapt the route strategy process to meet the needs of cities, the country as a whole and the Government of the day. It is clear that, as a result of new clause 17, amendment 43 is not needed, so I ask that it not be pressed.
John McDonnell (Hayes and Harlington) (Lab)
Will the Minister clarify the difference between staff transferring under TUPE and under his proposal in amendment 115?
Mr Hayes
I am coming to that. In shorthand, let me assure the hon. Gentleman that I do not want staff to be disadvantaged in any way, as I said. We will honour TUPE principles in this transfer of staff.
Amendment 115 makes it clear that when existing Highways Agency staff transfer to the new company, their employment terms and conditions will not change. I recognise that the changes that are planned for the Highways Agency will cause anxiety for existing staff. The amendment confirms that the existing rights and liabilities of staff will not change following transfer to the new organisation.
Mr Hayes
I will make a little progress and then let the hon. Gentleman come back.
The Bill provides that a transferring employee can terminate their contract if there is a substantial detrimental change to it if they transfer. That reflects regulation 4(9) of TUPE. Government amendment 116 supplements that by providing that where the employee claims constructive dismissal in those circumstances, no damages are payable in respect of any unpaid wages that relate to a notice period he or she has not worked. I should stress that the amendment does not prevent employees from claiming for damages for constructive dismissal, but seeks to establish a common-sense position that damages cannot be claimed for a period of required notice that has not been worked. I should highlight that the amendment ensures that the provisions in the Bill properly reflect TUPE in that regard.
Richard Burden
I should like to press the Minister to clarify Government amendment 116. From what he has said, it seems that the intention is to put the TUPE principles into the Bill. The amendment contains the words “constructive dismissal”. It seems to me—this is certainly the advice we have had—that that is inappropriate. Will he look again?
Mr Hayes
The hon. Gentleman, with the courtesy he personifies, raised that with me before we came to the House today. I have committed to take another look at that through the parliamentary draftsman. There is no intention to disadvantage staff in that regard. I give that absolute assurance, but I will double-check the language, because language in such things matters. He and I are in discussion and I have committed to write to him as soon as possible, and certainly before the matter is discussed further, to clarify the use of the language to which he has drawn the House’s attention.
John McDonnell
Will the Minister clarify why he has used a formulation unused in any other legislation in the past? I have set out the various options in three amendments showing what the Government have used in past legislation to assure staff that they are transferring either under TUPE or under the Cabinet Office statement of practice, the TUPE-like agreement that the Cabinet Office agreed with the trade unions involved. Why are we not using the past formulations?
Mr Hayes
Originality and imagination are part of my style. I said style is as important as substance. The substance is in the Bill; the style is all my own. The important thing is that, having met staff representatives on 13 January, I am fully aware that there are other aspects they want me to look at. I fully recognise the concerns they raised. Some of those issues need to be considered further, and I have asked my officials to pursue those matters urgently. In the spirit that I have described, I will not allow staff to be disadvantaged by any changes. The House has my absolute assurance on that. Government amendments 115 and 116 reaffirm our commitment that existing Highways Agency staff terms and conditions should be protected, as I have described.
New clause 18 places a responsibility on the Government to report periodically to Parliament on the performance of Highways England. I have introduced this to reassure some who fear that Ministers will lose control of Highways England, and that they will have no accountability to Parliament if Highways England fails to deliver. It is absolutely right that the new body can get on and deliver the strategy that the Government devise, establish and agree, but let me be clear that should the implementation and delivery of the strategy require further involvement, direction or adjustment by Ministers, in concert with the House, the ability to make those changes must be established in the Bill. I am absolutely clear that Highways England must report to the House, and that Members on both sides of the House must have the chance to scrutinise its work. Ministers must have a role, indeed play a key role, in the delivery of the strategy.
It might be true to say that the greatest challenge we face is getting the delivery right. We have surmounted an important hurdle in developing a strategy founded on empiricism and backed with funding for the long term—more than £15 billion up to 2021—but it will happen only if we have in place the right resources, skills and partnerships, and the right range of other organisations, to make it happen. It would be inappropriate if Ministers and all hon. Members were not involved in that process. I expect directions to emanate from the Department for Transport periodically—it is not meant to be an exceptional power. I expect reports to be made to the House periodically. That, too, should not be a matter of exception. That was raised at length by the shadow Minister. The strong governance arrangements and framework we have put in place provide some of the measures he sought when he argued the case for greater accountability.
The use of directions in the licence will allow the Government to exert control over how the company exercises its statutory functions. In addition, as sole shareholder the Secretary of State can ensure that the company is properly led and governed. More detail is in the summary document published in December, but I will write again on some of those matters following today’s consideration.
Opposition Front Benchers and all Members of the House will be familiar with the new copy of the licence, which strengthens those provisions, and which was provided to hon. Members on 22 January and placed in the Library of the House. Let me say again that if there are problems with performance, I expect Ministers to make use of those directions; I expect Parliament to see the Highways monitor’s report on the impact; and I expect Ministers to ensure that Parliament is informed of how issues have been resolved.
It is obvious from the amendments that were tabled that I need to explain why we need to change the status of the Highways Agency and create an arm’s length body, and I am happy to repeat an argument I made earlier. Let me start with the point of view that some suggest—they suggest that we should do nothing more than implement a road investment strategy without changing the structure necessary to deliver it. Of course, the Highways Agency would make every effort to do so efficiently, and of course we would have some success in delivering that strategy, but we need to understand that if we are to deliver the strategy, we need to make significant changes to the existing arrangements.
The relationship between the agency and the Government has on occasions failed to reflect the wider interests of the economy and the long-term interests of taxpayers and road users. The measure is about providing a clearer, more strategic role for the Government, and providing a stronger, more certain framework, through the licence and the road investment strategy and the framework document, for the organisation mission to deliver those important infrastructural changes to our nation. By the way, those changes are not just about economic well-being; they are also about societal and communal well-being.
The industry is keen to see change both in the way funding is committed and in the way the Highways Agency is constructed. In the call for evidence for the Bill, the Civil Engineering Contractors Association said:
“Even with an apparently committed five year programme, not transforming the Highways Agency into an arms-length body could still leave it a target, should future Governments decide cuts to spending…The supply chain…has confidence that the creation of a Government-owned company would significantly reduce the likelihood of this happening.”
The CBI said that business welcomes the Government’s important decision to reform the Highways Agency to a more independent body, giving it greater funding certainty through fixed five to six-year funding cycles.
The road investment strategy provides a logical and credible commitment between two separate parties—the focus of the company is on delivering its operational objectives, and the focus of the Government is on providing a long-term funding stream. I know that some fear we will lose control of the reins of the company. That is why I have gone as far as I have in the framework document, the licence and the Bill. We will also of course have the monitor—the new body that will oversee the operation of the new arrangements. That is all in line with the conclusions of the Public Administration Committee’s recent report on the relationship between Government and arm’s length bodies, which said:
“Relationships should be high trust and low cost, but too often are low trust and high cost.”
On that basis, I resist amendments 5 to 42 which would remove the relevant clauses or reinsert the words “Highways Agency”.
Mr Hayes
I will address matters in reverse order to add excitement. On cycling and spending, I said at the outset, but repeat for the sake of clarity, that this Government have committed to spend £374 million between 2011 and 2015. We have more than doubled spending on cycling compared with the last four years of the previous Government. As I said, about £6 per person each year across England and £10 per person in London is being spent as part of cycle city ambition. Of course we understand that the strategies have to be funded and that money matters, and the Government put their money where their mouth is.
On the circumstances of staff, let me be absolutely crystal clear once again that it is not our intention to disadvantage staff. Far from it. I want to ensure that they are treated properly and fairly in their terms and conditions and all that that means. There is no hidden agenda, despite what the hon. Member for Hayes and Harlington (John McDonnell) says; there is nothing under the bed that he should fear. The plan is to be absolutely straightforward, transparent and fair to all those staff transferring from the existing organisation to the new one. I have already said I will come back to the shadow Minister on the particular point he raised in his intervention.
Finally, we do believe a new body is necessary. This new strategy requires a structural change in the way the strategy is delivered. This is a complex argument, but I will try to make it as cogently as I can in less than a minute. It is probably true to say that the existing Highways Agency is too close to Government and too far away from Government. The new arrangements, with the framework, the licence and the statutory requirements to be put in place under this Bill, mean that this new body will be close to Government but far enough away to deliver the Government’s objectives. That is our proposal. I think it has force. It has been widely welcomed and I hope the Opposition will come to the view that most others have: that this is an idea whose time has come.
Madam Deputy Speaker (Dame Dawn Primarolo)
Order. Perhaps Members leaving the Chamber could do so quietly. Secretary of State, that means you as well—we want to hear your eloquent Minister move the Third Reading.
Mr Hayes
It is bewildering, Madam Deputy Speaker, that Members do not want to stay and hang on my every word. It is bizarre. I know you agree.
On Second Reading, we said the Government were determined to put in place a strategy, backed by statutory changes, that allowed us to invest in this nation’s future. I was about to say that it is only human nature to focus on the immediate, on the imminent. It is easy to forget that the present is an illusion, as now becomes then in an instant; it is the past that matters and the future. As I said a few moments ago when we were debating the Government amendments, it is easy for Governments to neglect infrastructure investment for just that reason. This Bill looks beyond short-term political expediency to a future of greater investment—a future of more jobs, more opportunities and more growth. This Bill improves the funding and management of our major roads, streamlining the planning process, particularly for major projects, and so facilitating investment. It also supports house building; introduces rights for communities to buy a stake in new, commercial renewable electricity schemes; boosts our energy security and economic growth by making the most of North sea oil and gas reserves; and facilitates shale gas and geothermal development. This is a bold Bill, introduced by a far-sighted Administration.
A few moments ago, we debated some of the measures we will introduce to act on the road investment strategy—the exciting strategy I was delighted to be part of, alongside the Secretary of State for Transport, who is here, adding glamour and insight to our consideration today. He was its architect and under his stewardship it has come to pass. This is the most exciting road investment strategy for a generation, and this Bill makes the statutory changes necessary to deliver it. We have committed to Highways England remaining in the public sector. Let me repeat that this is not about privatisation; it is about a public sector organisation fit for purpose. We will not diminish the fundamental accountability to parliamentarians, which I am so keen will allow us to gauge, monitor and, if necessary, alter things over time, but without compromising the essential role of the new body to deliver the plans we have set in motion.
In addition, as the House knows, we have amended the legislation further to ensure better integration between local and national networks through route strategies. As has been celebrated throughout the House this evening, we have also committed to setting and reporting upon a cycling and walking investment strategy, acknowledging the strategic importance of those things for the first time. We have had more tributes tonight than a ’60s pop band for that change. In total, this paradigm shift to a longer-term vision for transport infrastructure will give the construction industry the certainty and confidence it needs to invest in people and skills for the future. That clear vision, with the confidence it breeds and the investment it will bring, is crucial to the health and well-being of our nation.
In planning we have a number of measures designed to help get Britain building. The Bill makes changes to speed up the approval of nationally significant infrastructure projects and to the discharge of planning conditions that will ensure planning applicants can get on and build without unnecessary delay. The small changes in the Bill will have an important cumulative impact: they will send a clear message to investors and developers that the steps to deliver these transformational schemes are as simple, sensible and straightforward as possible. We have responded to concerns and shared the draft statutory instrument on deemed discharge in advance. Our Land Registry reforms will enable proper record keeping and modern digital efficiency, with the aim of making dealings with property quicker, cheaper and easier.
On zero-carbon homes, the “allowable solutions” approach is cost-effective and practical, and it has been welcomed by the Home Builders Federation, the UK Green Building Council and Federation of Master Builders. We have also introduced new legislation related to planning. The abolition of the Public Works Loans Board removes—
Mr Andrew Mitchell
Before my right hon. Friend leaves the issue of planning, may I ask him about new clauses 12 and 20, tabled by my right hon. Friend the Member for Arundel and South Downs (Nick Herbert)? Obviously, there was no possibility for a Minister to respond to the points he and I made on those clauses, but if the Minister has a moment to say a word or two on them, I am sure my constituents in the royal town of Sutton Coldfield would be grateful.
Mr Hayes
I am delighted to amplify the remarks that I made in an earlier intervention and say that we do take very seriously the remarks made by my right hon. Friend and the amendments tabled by my right hon. Friend the Member for Arundel and South Downs (Nick Herbert). We will take the necessary steps to ensure that the spirit that underpinned those amendments is realised in respect of Government policy. I must say that my right hon. Friend the Member for Sutton Coldfield has been a doughty champion of the interests of the people in his constituency in this regard. He is right that development needs to enjoy community support, to be proportionate and, in my judgment, to inspire and to elevate. Is that too much to ask for in our age? I say that it is not.
The introduction of mayoral development orders will allow the Mayor of London to assist local authorities to regenerate London. Across the nation, these planning reforms will help kick-start a new era of construction that is fit for purpose.
Tonight, we have also debated energy. Some of the measures that we have introduced are designed to assist our current and future energy needs. We will take a lead in improving global transparency in the extractive sector by participating in the extractive industries transparency initiative. Our country has an enviable record on the regulation of extractive industries. We have listened carefully to concerns about new forms of extraction and have put in place additional measures to reassure Members across the House. The House will have seen tonight that, because we are sensitive to those concerns, because we are responsive to arguments, and because we listen and learn, we will take on board the perfectly proper considerations of those who are as determined as we are to ensure that these things are done safely and securely and in tune with local interests.
Mark Menzies
As a Minister, my right hon. Friend has genuinely listened to the concerns of Members on both sides of the House. I wish to put on the record my thanks to the Government for taking on board some of the issues that I have raised, particularly in allowing the British Geological Survey to play a role, thereby ensuring closer, independent monitoring, which is very important for me in Fylde. Will he give me an assurance that this is not the end but a continuum of the process and that we will continue to see calls for rigorous on-the-ground inspections delivered by this Government?
Mr Hayes
This is an iterative business. No one has made the case more forcefully for their constituents than my hon. Friend. I was pleased to visit Fylde with him to look at these matters in some detail. He has worked tirelessly throughout this Parliament to represent the views of his constituents and to improve shale gas regulation. I commit to working with him to ensure that we take further the matters that he has raised.
That determination means that we will issue statutory direction to the Environment Agency on a minimum of three months baseline monitoring—that was an issue raised by the shadow Front-Bench team when we debated the matter in Committee. We will publish information on chemicals that the agency requires operators to disclose; require operators to monitor and report fugitive emissions for each onshore hydraulic fracturing site; and issue statutory direction to the Health and Safety Executive to ensure independent well inspection and public reporting for each onshore oil and well. The industry has committed to produce an annual report of shale sites and an environmental impact assessment.
We will seek advice from the Committee on Climate Change on the likely impact on carbon budgets and report each carbon budget period on the conclusions reached as a result of the advice given. Making water companies statutory consultees in respect of planning applications for shale oil and gas development via secondary legislation in this Parliament, subject to consultation, will also form part of our determined effort to ensure that these things are done properly, safely and securely. We have introduced new legislation to help with the sharing of costs for connecting to the electricity distribution network and to help strengthen competition in the connections market.
This Bill has been broadly welcomed by Members across the House. As I said earlier, Opposition Front-Bench Members have scrutinised the Bill in a mature and measured way because they understand, as we do, that infrastructure investment is about not a single Government or a single party but the future of our nation. Of course there are debates to be had, differences to be aired and arguments to be made, and of course scrutiny should improve and enhance thinking, and that is precisely what has happened in relation to this Bill. I am grateful for the conciliatory approach to the scrutiny of this Bill. Even when we have disagreed, it has been in a considered way. I therefore thank the Opposition Front-Bench team—the hon. Members for Birmingham, Northfield (Richard Burden), for Rutherglen and Hamilton West (Tom Greatrex), and for City of Durham (Roberta Blackman-Woods)— for their challenge and understanding.
I wish to express my deepest thanks to my fellow Ministers, the Under-Secretary of State for Energy and Climate Change, my hon. Friend the Member for Hastings and Rye (Amber Rudd), and the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Bristol West (Stephen Williams), for their constant hard work throughout Committee and again in the House today. That work is not just about what happens on the Floor of the House or in Committee; it is about the dialogue that takes place outside the Chamber to ensure that we get the provisions right, and my hon. Friends have played a full part in that dialogue with Members from all parts of the House.
During the passage of the Bill my colleagues and I have listened carefully, and where appropriate we have changed or added to its detailed provisions, but on its fundamental purpose we have stood firm, because we are absolutely convinced of the necessity of a step change in the way we approach infrastructural investment, its planning and delivery. This Government, with this Bill, confirm their courage and their willingness to put long-term thinking before short-term expediency. This Government, with this Bill, corroborate their confidence and their confident vision of a bold, ambitious nation.
Governments are of two types: timid and reactive, or bold and proactive. Politics needs to be confident. In the words of the great Conservative philosopher Edmund Burke—the Opposition will be delighted that I am ending with Edmund Burke—
“When the leaders choose to make themselves bidders at an auction of popularity, their talents, in the construction of the state, will be of no service. They will become flatterers instead of legislators; the instruments, not the guides, of the people.”
This Government are ambitious not for themselves, but for Britain; not just for now, but for the future; not for piecemeal advantage, but for the people’s well-being, for the common good, in the national interest, driven by virtue, gauged by our determined successes, inspired by the people’s will. This is a Bill of which to be proud, a Minister honoured to articulate its strength, and a Government marking their place in history.
Mark Field (Cities of London and Westminster) (Con)
The development of an electronic communications code in part 7 has been closely followed in my constituency, because all too often the standard of infrastructure in the City of London and surrounding areas as regards mobile telephone coverage and broadband lags behind that which commercial tenants nowadays expect to find in a world-leading business district. It is vitally important that this situation be improved if London is to keep up with its global rivals in established sectors and in the emerging tech industries. In particular, we cannot allow the business heart of the capital to be left behind in state-of-the-art technology such as fibre optics and 4G—and eventually 5G when that arrives.
New rights to upgrade and share communications infrastructure could play a very important part in improving that situation. Could we introduce a simpler procedure for landowners to require the removal or repositioning of equipment, where necessary, in order to enable redevelopment to proceed? That might sound counter-intuitive, but at present, especially in areas such as the City of London with very high rates of development, there is a strong incentive for landowners to resist the installation of equipment such as telephone masts in the first place if they fear that the presence of that equipment will obstruct future redevelopment of the site.
I entirely understand the reaction by the shadow Minister, the hon. Member for Rutherglen and Hamilton West (Tom Greatrex), to the late tabling of amendments dealing with the communications code, now removed by amendment 91, and the fact that further time is required to consider the new code. That is necessary; let us get the code right if we can. It is also important to ensure that the code strikes an appropriate balance between landowners and network operators, because only by so doing will it be effective in bringing about the expanded coverage that we all so desperately require. I hope, however, that the process will not take too long, and that we can move forward swiftly with the introduction of a new code, having taken account of the views expressed by industry representatives.
Mr Hayes
Just for clarity, the Government will move ahead with the reform of the communications code. We will begin a full consultation in the next few weeks, with a view to bringing forward draft legislation, for exactly the reason that my hon. Friend gave: to ensure that we have the agreement of all those who are most directly involved or affected and to ensure that there is agreement across the House.
Mark Field
I am very encouraged by the Minister’s words and I know that that will be true of many of my commercial constituents, as it were.
I ask the Government to consider two other things as this important work continues. The first is the position of infrastructure that has been installed before the new code comes into force, whenever that is. As I understand it, the new rules will not apply automatically to such dated infrastructure. Although I understand the reluctance of the Government to interfere in pre-existing legal relationships, I suggest that it would be beneficial to find some means of encouraging existing infrastructure to be brought under the new code as swiftly as possible.
Secondly, there are numerous cases in the City of London in which lengthy wrangling between freeholders and network operators over the terms and conditions for the grant of the necessary consents has delayed the installation of mobile masts or broadband facilities by several months. In the most serious instances, that has prevented business tenants from taking possession of new offices on time or forced businesses to occupy new office space with no functioning communications. Naturally, this is principally a matter of negotiation between private parties, and I would not expect any Government to interfere in such issues, so there are rightly limits to the extent to which they can furnish a solution.
However, when the Bill is enacted, there will be an opportunity under the code for the relevant industry bodies, which have been referred to, to encourage the adoption of model terms and conditions to deal with the issue. Although that is not a complete answer, it would be a constructive step and I hope that it is taken. The City of London corporation has held positive meetings with my right hon. Friend the Secretary of State for Culture, Media and Sport on the matter and will be looking to provide further support where possible, potentially in conjunction with the Greater London authority.
I have spoken before in this House about the need to ensure that adequate investment in the electricity distribution network can be made to meet tomorrow’s demand for new connections, without imposing unreasonable costs on today’s consumers. This is not the occasion to delve into the intricacies of the matter. Suffice it to say that the need for action is increasingly pressing. In relation to my constituency, I am aware that the Government are working with interested parties such as Ofgem, UK Power Networks, the Greater London authority and the City of London corporation with a view to developing new models that might enable the necessary upfront investment to be delivered, with the costs being recouped from customers over time as new connections are made. It is not yet clear whether the amendments that were made in Committee to extend the second-comer rules to independent connection providers will prove directly relevant to that work, but if so, they are to be welcomed.
In conclusion, I commend the Government for the attention they have given to this important matter in part 7. I urge them to continue that focus to ensure that we get it right. As with telecommunications as a whole, this is a crucial, bread-and-butter issue when it comes to London’s future competitiveness as a commercial centre.
Andrew Miller
I thank my hon. Friend the Member for Birmingham, Northfield (Richard Burden) for his kind remarks. Unless I commit a sin that means the Whips require me to do something else in the next few weeks, this will be the last Bill I serve on in Committee. I did so voluntarily, because I take a great interest in a number of its clauses, not least the one referred to by the hon. Member for Cities of London and Westminster (Mark Field). I followed his remarks carefully and agreed with virtually every word he uttered. I am sure he would agree that the draft presented to the Committee last week was grossly inadequate for its purpose. He described the issues in thriving urban areas that need to move quickly to accommodate the needs of developers and the economy, as well as the changing technologies in the telecoms space. Different issues arise when it comes to rural access. Access arrangements have been far from satisfactory, but the clause—drafted in haste—has resulted in this step backwards. That is regrettable because—as was said in Committee—this is long overdue.
I will get the Minister into trouble with the Whips if I go on too much, but he is a man of such integrity that in the last general election he even invited his Labour opposite number, who was at one time my agent, to go for a coffee to discuss how their business should be conducted. That is an example of how collegiate he is. I thought that he would get into trouble with the Whips again when he praised the Secretary of State. I thought that the Minister was going to say that the Secretary of State was adding his weight to the matter, but as I am of similar girth I can get away with that remark.
The Bill has some extraordinarily important aspects. As my hon. Friend the Member for Birmingham, Northfield said, it covers an enormous area. The House will have to come back to the telecoms code and in the interests of all parties—including those mentioned by the hon. Member for Cities of London and Westminster—that will need to be done sooner rather than later, but with careful engagement with all the players.
I was especially interested in the clauses relating to hydraulic fracturing. In the dim and distant past when I worked in geology, I taught students how drilling technology works. I made the point in Committee that had we been using the technology today that we were using 40 years ago I would be against hydraulic fracking, but the technologies have developed to an extraordinary degree. We do not know enough about the UK’s general environment subsurface, so a huge amount of work is needed. In Committee and in the other place, amendments were tabled on baseline monitoring, and I am pleased that the Government have started to move in the right direction. It is possible to come up with a regulatory structure that works for the communities we seek to represent and in terms of the economics of the industry. To achieve that goal, the Government will need to think carefully about some of the issues and the underlying science.
The amendment that I tabled in Committee, about peer reviewing baseline monitoring data, is acceptable to the industry. It is in the interests of the Government and the country to reach cross-party agreement so that the data that go into the public domain are fully understood and we can argue from an evidence base, which we cannot do at present. When the first pilot well was drilled in my constituency, I got only five letters about it: three were technical questions and two were letters of objection. The second one, which was handled differently by the developer, resulted in a massive number of objections and a protest camp that is very firmly in place.
It is important that this House, the industry and the regulators engage with the public, so that there is a better scientific understanding of what can be achieved with the regulatory machinery we put in place. I have no doubt that that is an achievable goal. I hope those on the Government Front Bench recognise that when they seek to develop the Bill further in the other place.
Serving on the Bill with my hon. Friends on the Labour Front Bench and the rest of the Labour team has been a pleasure, as has been working on this topic with the right hon. Member for South Holland and The Deepings and the Under-Secretary of State for Energy and Climate Change, the hon. Member for Hastings and Rye (Amber Rudd). These are hugely important issues and Parliament must get them right.
Finally, there is a message to consider. Reflecting on the way the Bill has been conducted, it is important that the next Parliament looks carefully at the process we have gone through. There are better ways to legislate and perhaps the next Parliament can learn from that. I wish the Bill well in the Lords. I want to see the robust amendments retained so that the regulatory issues raised by those on the Opposition Front Bench can be protected and enshrined in the Bill. That will enable this important industry to develop in this country with the support of the public we seek to represent.
Mr Speaker
The animation of the House knows no bounds when the right hon. Member for South Holland and The Deepings (Mr Hayes) seeks to take to the Dispatch Box.
Mr Hayes
I am grateful, Mr Speaker. I simply want to affirm the thanks offered by those on the shadow Front Bench to all members of the Committee, which I omitted to do in my opening remarks, as well as to those who have taken a leading role, if I may put it in those terms, on both sides of the House.
Bigger, better, well-funded roads; more straightforward planning; safer fracking; a cycling strategy; and we have saved the beaver. What’s not to like? The Bill deserves its Third Reading.
Question put and agreed to.
Bill accordingly read the Third time and passed.