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1

 

House of Commons

 
 

Tuesday 1 March 2016

 

Public Bill Committee Proceedings

 

High Speed Rail (London - West Midlands) Bill,


 

As Amended


 

[First and Second Sittings]


 

Mr Robert Goodwill

 

To move, That the Bill be considered in the following order, namely, Clause 1,

 

Schedule 1, Clause 2, Schedules 2 and 3, Clause 3, Schedule 4, Clause 4, Schedules 5 and

 

6, Clause 5, Schedules 7 to 9, Clause 6, Schedule 10, Clauses 7 and 8, Schedule 11, Clause

 

9, Schedule 12, Clause 10, Schedule 13, Clause 11, Schedule 14, Clause 12, Schedule 15,

 

Clauses 13 to 15, Schedule 16, Clauses 16 to 20, Schedule 17, Clauses 21 to 25, Schedule

 

18, Clause 26, Schedule 19, Clause 27, Schedule 20, Clauses 28 to 32, Schedule 21,

 

Clause 33, Schedules 22 and 23, Clause 34, Schedule 24, Clause 35, Schedule 25, Clause

 

36, Schedule 26, Clause 37, Schedule 27, Clauses 38 to 41, Schedule 28, Clause 42,

 

Schedule 29, Clauses 43 to 45, Schedule 30, Clause 46, Schedule 31, Clause 47, Schedule

 

32, Clauses 48 to 68, new Clauses, new Schedules, remaining proceedings on the Bill.

 

Agreed to

 


 

Mr Robert Goodwill

 

That, if proceedings on the High Speed Rail (London - West Midlands) Bill are not

 

completed at this day’s sitting, the Committee do meet—

 

  (a) on Tuesdays when the House is sitting at 9.25am and 2.00pm; and

 

  (b) on Thursdays when the House is sitting at 11.30am and 2.00pm.

 

Agreed to

 


 

Mrs Cheryl Gillan

 

Not selected  1

 

Clause  1,  page  1,  line  4,  after “1,” insert “subject to subsections 1A, 1D, 1G, 1I, 1O

 

and 1T”


 
 

Public Bill Committee Proceedings: 1 March 2016            

2

 

High Speed Rail (London - West Midlands) Bill, continued

 
 

Mrs Cheryl Gillan

 

Not selected  2

 

Clause  1,  page  1,  line  6,  at end insert—

 

“(1A)    

The nominated undertaker shall not exercise powers granted under section 1 to

 

construct a surface railway route within the boundaries of The Chilterns Area of

 

Outstanding Natural Beauty (Chilterns AONB).

 

(1B)    

Any railway constructed as part of Phase One of High Speed 2 and within the

 

boundaries of the Chilterns AONB shall be built as an extension to the bored

 

tunnel in this area, which is planned through the works specified in Schedule 1 of

 

this Act.

 

(1C)    

In this section, the Chilterns AONB shall mean the area of outstanding natural

 

beauty designated within the Chilterns under section 82(1) of the Countryside and

 

Rights of Way Act 2000.”

 

Mrs Cheryl Gillan

 

Not selected  4

 

Clause  1,  page  1,  line  6,  at end insert—

 

“(1D)    

The nominated undertaker shall not exercise powers granted under section 1 to

 

build a surface railway route within the boundaries of The Chilterns Area of

 

Natural Beauty (Chilterns AONB).

 

(1E)    

To fulfil railway construction requirements for Phase One of High Speed 2 within

 

this area, the nominated undertaker shall pursue an extension of the bored tunnel

 

which is planned through works specified in this Schedule, via a Transport and

 

Works Act order as provided for in section 52 of this Act.

 

(1F)    

In this section, the Chilterns AONB shall mean the area of outstanding natural

 

beauty designated within the Chilterns under section 82(1) of the Countryside and

 

Rights of Way Act 2000.”

 

Mrs Cheryl Gillan

 

Not selected  5

 

Clause  1,  page  1,  line  6,  at end insert—

 

“(1G)    

Any railway constructed as part of Phase One of High Speed 2 and within the

 

boundaries of the Chilterns AONB shall, between South Heath and Leather Lane,

 

east of the A413 Aylesbury Road in Buckinghamshire, be built within bored

 

tunnel.

 

(1H)    

The works referred to in subsection (1G) shall be pursued by means of a Transport

 

and Works Act order.”

 

Mrs Cheryl Gillan

 

Not selected  6

 

Clause  1,  page  1,  line  6,  at end insert—

 

“(1I)    

The nominated undertaker shall not exercise powers to commence any works

 

specified in this Schedule, or any other construction works connected to Phase

 

One of High Speed Rail 2, until a cost benefit analysis of the environmental

 

impacts of such works has been completed.

 

(1J)    

The cost benefit analysis must include, but shall not be restricted to, an

 

assessment of the environmental impacts of Phase One of High Speed Rail 2 and

 

connected construction works in The Chilterns Area of Outstanding Natural

 

Beauty.

 

(1K)    

The cost benefit analysis shall be undertaken by a review panel, the membership

 

of which must include, but shall not be restricted to, representatives from—

 

(a)    

Buckinghamshire County Council,

 

(b)    

Chiltern District Council,


 
 

Public Bill Committee Proceedings: 1 March 2016            

3

 

High Speed Rail (London - West Midlands) Bill, continued

 
 

(c)    

Aylesbury Vale District Council,

 

(d)    

Wycombe District Council,

 

(e)    

The Chilterns Conservation Board,

 

(f)    

Natural England,

 

(g)    

Environment Agency,

 

(h)    

Key community groups,

 

(i)    

HS2 Ltd, and

 

(j)    

The Department for Transport.

 

    

The panel shall be funded and facilitated by the nominated undertaker.

 

(1L)    

Within twelve weeks after the date on which this Act comes into force the Panel

 

must report its conclusions and recommendations to the Secretary of State.

 

(1M)    

If the Secretary of State rejects any recommendation made by the panel he must—

 

(a)    

make publicly available its reasons for doing so, and

 

(b)    

demonstrate how any environmental cost that would have been addressed

 

by the rejected recommendation will otherwise be mitigated.

 

(1N)    

Any deviation from works specified in this Schedule required as a result of the

 

panel’s recommendations shall be pursued via a Transport and Works Act order,

 

as provided for in section 52 of this Act.”

 

Mrs Cheryl Gillan

 

Not selected  7

 

Clause  1,  page  1,  line  6,  at end insert—

 

“(1O)    

The nominated undertaker shall not exercise powers to commence any works

 

specified in this Schedule, or any other construction works connected to Phase

 

One of High Speed Rail 2, until a full reassessment of tunnelling methodology as

 

applied to an extended bored tunnel under The Chilterns Area of Outstanding

 

Natural Beauty, has been completed.

 

(1P)    

The reassessment shall be conducted by a panel of experts and other relevant

 

parties, to be appointed, funded and facilitated by the nominated undertaker.

 

(1Q)    

Within twelve weeks of this Act coming into force, the panel must report its

 

conclusions and any recommendations to HS2 and the Secretary of State.

 

(1R)    

If the Secretary of State rejects any recommendation made by the panel he must—

 

(a)    

make publicly available its reasons for doing so, and

 

(b)    

provide a cost benefit analysis of any alternative proposal to that

 

recommended by the panel.

 

(1S)    

Any deviation from works specified in this Schedule required as a result of the

 

panel’s recommendations shall be pursued through a Transport and Works Act

 

order, as provided for in section 52 of this Act.”

 

Mrs Cheryl Gillan

 

Not selected  8

 

Clause  1,  page  1,  line  6,  at end insert—

 

“(1T)    

The nominated undertaker shall not exercise powers to commence any works

 

specified in this Schedule, or any other construction works connected to Phase

 

One of High Speed Rail 2, until a full assessment of traffic management

 

requirements has been completed.

 

(1U)    

The assessment shall be conducted by a panel of experts and other relevant

 

parties, to be appointed, funded and facilitated by HS2 Ltd.


 
 

Public Bill Committee Proceedings: 1 March 2016            

4

 

High Speed Rail (London - West Midlands) Bill, continued

 
 

(1V)    

Within sixteen weeks of this Act coming into force the panel must report its

 

conclusions to the Secretary of State. The report must include but shall not be

 

limited to—

 

(a)    

a full assessment of traffic management requirements consequential to

 

any works specified in this Schedule, and

 

(b)    

detailed proposals outlining how such requirements shall be addressed.”

 

Clause Agreed to.

 

Schedule 1 Agreed to.

 


 

Clause 2 Agreed to.

 

Schedule 2 Agreed to.

 

Schedule 3 Agreed to.

 

Clause 3 Agreed to.

 

Schedule 4 Agreed to.

 

Andy McDonald

 

Negatived on division  10

 

Clause  4,  page  3,  line  12,  at end insert—

 

“(6)    

When land is acquired under subsection (1), and is not otherwise specifically

 

authorised under this Act, the Secretary of State must lay a report before

 

Parliament setting out the reason for the acquisition before Parliament, and any

 

such report must then also be published on the nominated undertaker’s website

 

within 5 working days.”

 

Clause Agreed to.

 

Schedule 5 Agreed to.

 

Schedule 6 Agreed to.

 

Clause 5 Agreed to.

 

Schedule 7 Agreed to.

 

Schedule 8 Agreed to.

 

Schedule 9 Agreed to.

 

Clause 6 Agreed to.

 

Schedule 10 Agreed to.

 

Clause 7 Agreed to.

 

Clause 8 Agreed to.

 

Schedule 11 Agreed to.


 
 

Public Bill Committee Proceedings: 1 March 2016            

5

 

High Speed Rail (London - West Midlands) Bill, continued

 
 

Clause 9 Agreed to.

 

Schedule 12 Agreed to.

 

Clause 10 Agreed to.

 

Schedule 13 Agreed to.

 

Clause 11 Agreed to.

 

Schedule 14 Agreed to.

 

Clause 12 Agreed to.

 

Schedule 15 Agreed to.

 

Clause 13 Agreed to.

 


 

Andy McDonald

 

Negatived on division  11

 

Clause  14,  page  7,  line  8,  at end insert—

 

“(3A)    

Nothing in this section shall prevent the nominated undertaker, or other owners

 

of railway stations, from establishing any new right of way within or over railway

 

stations that are used for Phase One purposes.”

 

Clause Agreed to.

 

Clause 15 Agreed to.

 


 

Schedule 16 Agreed to.

 

Andy McDonald

 

Withdrawn  12

 

Clause  16,  page  7,  line  19,  leave out “the end of five years beginning with”

 

Clause Agreed to.

 

Clause 17 Agreed to.

 

Clause 18 Agreed to.

 

Clause 19 Agreed to.

 



 
 

Public Bill Committee Proceedings: 1 March 2016            

6

 

High Speed Rail (London - West Midlands) Bill, continued

 
 

Andy McDonald

 

Withdrawn  13

 

Clause  20,  page  9,  line  14,  at end insert—

 

“(d)    

No works that are not scheduled works under this Act may be undertaken

 

until the Secretary of State has published guidelines on how

 

developments will be assessed as likely to have significant effects on the

 

environment for the purposes of subsection (2)(a).”

 

Clause Agreed to.

 

Schedule 17 Agreed to.

 


 

Andy McDonald

 

Withdrawn  14

 

Clause  21,  page  9,  line  30,  after “by order” insert “by up to a further 5 years”

 

Clause Agreed to.

 

Clause 22 Agreed to.

 


 

Andy McDonald

 

Withdrawn  15

 

Clause  23,  page  11,  line  28,  at end, insert “where the meaning of the expression

 

‘short-term’ shall not extend to stays of more than 12 hours”

 

Clause Agreed to.

 

Clause 24 Agreed to.

 

Clause 25 Agreed to.

 

Schedule 18 Agreed to.

 

Clause 26 Agreed to.

 

Schedule 19 Agreed to.

 

Clause 27 Agreed to.

 

Schedule 20 Agreed to.

 

Clause 28 Agreed to.

 



 
 

Public Bill Committee Proceedings: 1 March 2016            

7

 

High Speed Rail (London - West Midlands) Bill, continued

 
 

Andy McDonald

 

Withdrawn  16

 

Clause  29,  page  12,  line  28,  at end insert—

 

“(d)    

The ownership of any public space which was previously owned by a

 

public body and which is acquired by the nominated undertaker or the

 

Secretary of State for Phase One purposes, and is subsequently returned

 

to use as public space, must be transferred to a public body when that

 

public space is no longer required for Phase One purposes.

 

(e)    

For the purposes of subsection (d), a public body is a local authority, the

 

Greater London Authority, Transport for London or any Metropolitan

 

County Transport Authority.”

 

Clause Agreed to.

 

Clause 30 Agreed to.

 


 

Mrs Cheryl Gillan

 

Not selected  9

 

Clause  31,  page  13,  line  30,  at end insert—

 

“(6)    

The Secretary of State shall, within one year of Royal Assent, consult on and

 

prepare plans for the undergrounding of all overhead power lines in the Chilterns

 

Area of Outstanding Natural Beauty over a height of 15m, and shall within one

 

year thereafter introduce legislation or alternative regulatory measures (to the

 

extent such measures are required) to permit such undergrounding to take place

 

by the end of 2020.

 

(6A)    

In this section, “Chilterns Area of Outstanding Natural Beauty” shall mean the

 

area of outstanding natural beauty in the Chilterns designated under section 82(1)

 

of the Countryside and Rights of Way Act 2000.”

 

Clause 31 Agreed to.

 

Clause 32 Agreed to.

 

Schedule 21 Agreed to.

 

Clause 33 Agreed to.

 

Schedule 22 Agreed to.

 

Schedule 23 Agreed to.

 

Clause 34 Agreed to.

 

Schedule 24 Agreed to.

 

Clause 35 Agreed to.

 

Schedule 25 Agreed to.

 

Clause 36 Agreed to.


 
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Revised 01 March 2016