High Speed Rail (West Midlands–Crewe) Bill

Lord Tunnicliffe Excerpts

Report stage (Hansard) & Report stage (Hansard): House of Lords & Report stage
Monday 30th November 2020 Lords Chamber

[Lord Haselhurst (Con) [V]]

My Lords, I must admire the noble Lord, Lord Berkeley, for his persistence and consistency. As has already been noted, he is fundamentally opposed to the Bill. The noble Lord, Lord Adonis, already referred to the masterly summing up of the procedural situation by the noble and learned Lord, Lord Hope, who chaired the committee on which I had the honour to sit. It was not just a matter of precedent, although, as a matter of precedence, it is for the House to examine as a separate entity, and not just as an issue buried inside one Bill, whether the current procedure is adjudged by noble Lords to be ideal and whether dealing with it as a matter buried inside one Bill is a proper way of addressing people’s concerns about the procedure, in so far as those concerns exist.

There was plenty of opportunity in the other place for the matters that are now being raised to be considered, and it was therefore not appropriate, under our existing procedure, for the second House to address those things. There is also a practical problem. If one introduces a further step, whether by additional provision or by a TWAO, fresh uncertainty is brought into the case. Landowners might well be affected by any change undertaken in that way, so, in fairness to them, you would have to go back and rehearse the arguments all over again.

I have dealt with only this one case of the HS2 Bill; nevertheless, I think that the procedure is perfectly sound, giving every opportunity for cases to be heard. My goodness, we should be proud as a Parliament that it is possible for people to bring their grievance or petition and have it heard in both Houses of Parliament. Through that process, there is plenty of opportunity for any glaring injustices to be dealt with.

The noble Lord, Lord Berkeley, referred to the depot or railhead at Stone and the village of Woore. I am subject to correction on this, but I am not aware that, through our proceedings in the Select Committee, those who represented the interests regarding Stone made the suggestion that they should have the opportunity, by means of a TWAO, for further discussion of the route; nor do I recall any such suggestion from those who represented Woore. The committee visited Woore and saw the situation for itself. Therefore, quite honestly I cannot see that this amendment does anything other than contribute to the determination of the noble Lord, Lord Berkeley, to delay and possibly wreck what is, in my view, an important piece of legislation.

[Lord Tunnicliffe (Lab) [V]]

My Lords, I have tried to consider this amendment not as a debate over whether the route should go ahead, but on its merits. I found it difficult to understand, but it seemed that the essential objective was to allow petitioners to make further submissions—a second bite at the cherry, as it were.

Reading the committee’s report, I am content that the petitioners have been adequately dealt with. The point of contention is that applications relating to additional provisions should not be admitted. The case for not admitting additional provisions is set out in Appendix 2 of the Select Committee report, which gives details of the precedent set by the noble and learned Lord, Lord Walker, when he was chairman of the House of Lords Select Committee on the High Speed Rail (London-West Midlands) Bill. I will quote from the appendix, which contains a statement made by the chair of the Select Committee on the High Speed Rail (West Midlands-Crewe) Bill. Paragraph 7 says:

“Those adversely affected by an additional provision ordered in the House of Lords as the second house would be denied that opportunity in the Commons as the first house unless the bill were to be returned to a Select Committee of the House of Commons with all the delays and additional expense that this would give rise to. As a matter of practical reality, almost every additional provision which solves or mitigates difficulties for one group of residents along the line raises new difficulties for another group. That is why petitions against additional provisions are permitted and why parliamentary practice regards it as unfair for additional provisions to be introduced in the House of Lords as the second house.”


The statement goes on to say that the committee considered the applicability of a Transport and Works Act order and came to the conclusion that it was highly related to the concept of additional provisions and that it should not be admitted.

We support the current parliamentary practice and, if my noble friend Lord Berkeley were to seek to divide the House, he would not receive support from our Benches. I would have hoped that what might come out of this would be some reflection by the Government and the House to make the procedures and customs of the House on hybrid Bills clearer. Nevertheless, we think that they are clear enough to reject this amendment.

[Baroness Vere of Norbiton (Con)]

My Lords, I am grateful to all noble Lords who have spoken in this short debate—an hors d’oeuvre to the main course yet to come. As the noble Lord, Lord Berkeley, and other noble Lords are aware, the Bill has already been carefully scrutinised by a Select Committee of this House. That committee was convened under the rules for private and hybrid Bills and was chaired by the noble and learned Lord, Lord Hope of Craighead, to whom we are very grateful and who unfortunately cannot be with us today.

In its report, the Select Committee discussed whether such a committee can make an amendment to the Bill that extends the powers of the promoter—in this case, HS2 Ltd—such as powers to compulsorily acquire land. Such an amendment to a private Bill is known as an additional provision. The Select Committee report states:

“As a matter of practical reality, almost every additional provision which solves or mitigates difficulties for one group of residents along the line raises new difficulties for another group.”


The Select Committee therefore concluded that amendments that extend powers would not be appropriate.

Those adversely affected by an additional provision in the first House have the opportunity to petition against it in that House and in the second House. As both HS2 Select Committees in this House—for this Bill and for phase 1—have noted, it would not be fair to allow amendments in the second House, unless those affected by it could also petition in both Houses. The consequence of this, however, would be that hybrid Bills would be for ever doomed to travel from a Select Committee in one House to another Select Committee in the other and back again in never-ending ping-pong.

The noble Lord, Lord Berkeley, acknowledged all that in Grand Committee, yet here we have an amendment to send the Bill off to another but different type of Select Committee. This proposed Select Committee would have no powers at all to amend the Bill and the process would cause many months of delay to the Bill and create even more uncertainty for residents and businesses along the proposed route. At some point this must stop, a line must be drawn and a decision taken about the construction of this railway. I urge him to withdraw his amendment.

--- Later in debate ---

[Baroness Randerson (LD) [V]]

My Lords, I raised in Committee the issue of burial grounds and monuments, and the way in which they are dealt with. I made it clear that mine was a probing amendment, and that my interest was in ensuring that there was encouragement for really good practice in this context. I am glad that the noble Lord, Lord Randall, has taken the opportunity to take the issue further, because undoubtedly the modern, environmentally friendly, way of creating a memorial frequently includes trees. I shall listen carefully to the reassurances that I hope the Minister will be able to give us.

[Lord Tunnicliffe (Lab) [V]]

My Lords, I have little to say on these amendments, other than to make a general comment on the subject of burial grounds and so on. It seems to me that the intent in HS2 Phase 2a Information Paper: Burial grounds is appropriate. There are some useful words about how things should go ahead, and it says:

“Any human remains affected by the Proposed Scheme will be treated with all due dignity, respect and care.”


As ever, with the relationships between HS2 and the wider community, the whole issue is a cultural one. If, working within these guidelines, HS2 is constantly positive in seeking solutions, there will be no problems. But if it hides behind officialdom, there may be problems. I would be grateful if the Minister could give us some indication of how the Government will hold HS2 to account with regard to the tone and culture of the relationship between it, the wider public and, in particular, the representatives of the public in this sensitive area.

[Baroness Vere of Norbiton (Con)]

My Lords, in no other setting is it more important that HS2 works be undertaken with dignity, care and respect than when they impact human remains and monuments to the deceased. The works authorised by this Bill do not directly impact any known burial grounds or monuments. However, given that the construction of the scheme requires ground excavation, there is potential for human remains and associated monuments to be discovered. Such discoveries are most likely to be made as a result of archaeological investigation works. In such an event, Clause 23 and Schedule 20 provide for an appropriate process for carrying out the works required.

Amendment 2, moved by my noble friend Lord Randall, would remove the process in Clause 22 and Schedule 20 for burials that have been made less than one year before work commences. I state again that the phase 2a scheme, which we are considering today, does not impact any known burial grounds. It is highly unlikely that these works will impact any burial made under one year prior to their commencement. In any event, I believe that Clause 22, which applies to all burials, including those less than one year old, is appropriate. Therefore, I do not believe that my noble friend’s amendment is necessary.

The process set out in the Bill is founded on existing UK burial legislation, and ecclesiastical law and practice. The procedure in place to ensure compliance was discussed and agreed with the Archbishops’ Council of the Church of England and Historic England. I must therefore resist my noble friend’s amendment.

Amendment 3, also in my noble friend’s name, would expand the scope of monuments and memorials to include trees. This would give such a memorial wood, or individual trees planted in memory of an individual, the same standing in legislation as, for instance, gravestones and war memorials.

It would be very difficult for any legislation to recognise such cases. In the UK there is no official record-keeping for memorial trees, and the Bill contains no controls for the designation of any trees as memorial trees. Furthermore, as there is no definition of a memorial tree, such a provision could, as I think my noble friend noted, be abused by individuals to hinder and delay construction works. Clearly, this would not be desirable. But we absolutely do agree that HS2 Ltd and its contractors must fully engage with those who may be impacted, sensitively and with due care. I know that my colleague, Minister Andrew Stephenson, will ensure that it is fully held to account in that regard.

As for the memorial woodland mentioned by my noble friend Lord Randall, I am aware of the case. As he knows, because we have corresponded about it, HS2 Ltd is supporting the hospice and the affected families, and will have discussions with the hospice and the landowner about creating a suitable memorial in this location once the works have concluded. Of course there will be lessons to be learned from this case, and from certain other cases. There are always lessons to be learned, and ways in which things could have been handled better. Minister Andrew Stephenson will ensure that those are carried across the phases of HS2. I sympathise with the intention to amend the Bill, but in terms of legislative proposals to address such issues, these proposals would not do the trick.

Finally, on Amendments 14 and 15, the Government are clear that due notice should be provided for any HS2 works impacting human remains or monuments to the deceased. There is a notice procedure already provided in the Bill for such works. It includes an eight-week period for next of kin to apply to remove human remains or monuments at the expense of HS2 Ltd. Prior to this notification procedure occurring, the programme of land acquisition will already have commenced. This requires notification to the owners of the land and all those with an interest in it. It would be highly unlikely that anybody with a private burial or associated monument on their land would not know what was to occur; they would know about the work well in advance.

I am sure my noble friend agrees that including a requirement to notify the next of kin “if possible” would not be workable. It would be incredibly difficult to determine what is or is not possible in notifying the next of kin. However, HS2 should be, and is, proactive in attempting to contact known next of kin, and places notices in local newspapers and at the site of burial. I understand the aims of my noble friend and reassure him that, where this process is in force for known burial grounds on phase 1 of HS2, it is working well.

Similarly, requiring notification to be given six months in advance of the works would also not be practical. Where burial grounds are identified, early notice is practical and possible. However, there are no burial grounds on phase 2a, and requiring works to cease for a mandatory six months would risk unnecessary delays in the construction programme and bringing into operation of phase 2a.

I must resist these amendments. I am aware of a couple of points of detail that my noble friend raised, so I will write to him. In resisting, I recognise the importance of this issue, the interest that has been shown across your Lordships’ House in what happens to both human remains and monuments, and the importance of memorial trees and other places special to friends and family. We will make sure that HS2 does whatever it can to make sure they are treated sensitively and with respect. I therefore ask my noble friend to withdraw his amendment.