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The other side of the coin is that Crossrail will deliver many benefits for people with disabilities. In many areas there will be brand new stations and brand new, easier access, with no problem of having to step up in order to board trains. I think we are all—certainly in this House—of the view that it is vital to move forward and try to get this legislation in place so that the real business can begin fairly soon after Royal Assent. I do not know the intricacies of this, or the consequences of this legislation for the Crossrail project. Is there any chance that it would mean further delays or further requirements for consultation, and possibly even substantial additional costs? Ultimately, I would

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hope that, one way or another, we could spend that money, but in the short term there is a finite amount of money available for the development of Crossrail.

With all that has been happening lately, including the credit crunch and so on, many of us who are keen to see Crossrail go ahead must, increasingly, as each week goes by, worry a little more about whether the money will be there to see this project become reality. I would like to ascertain, before taking a decision on this, whether there is any possibility of delays in enacting the legislation and, in turn, delivering the benefits in many other areas for disabled people that Crossrail will produce. That apart, if a mechanism can be found to enhance and increase consultation between representatives of people with disabilities, the promoters and the department, I would be happy—as I am sure would other members of the Select Committee—to add all the weight I can in support of that.

Viscount Colville of Culross: My Lords, I am glad that the noble Lord, Lord Brooke, has spoken about this. He and his colleagues sitting behind him, who were valuable members of the Select Committee, listened to a good deal of evidence about this. I do not know what the noble Lord, Lord Bassam, will say about formally including provisions of this sort in the Bill. In Select Committee we discussed the involvement of local groups, which would discuss all the time how people would be affected as these matters proceeded, particularly during construction, which is what my noble friend Lord Low was talking about. That will be one of the most critical issues. Some local groups will be there, and are there already. I only hope that the Government and the promoters of this legislation will encourage other areas to set up functioning local groups to do exactly the sort of thing that my noble friend has been talking about: give notice of what is going to happen, and advise on how to get around obstacles and all the other problems that might arise from a temporary construction that may not be all that temporary. If the Government give a little encouragement to the setting-up and maintenance of local groups that involve themselves in these issues, it might almost be a better answer for my noble friend than anything in his amendment.

6.30 pm

Lord Bassam of Brighton: My Lords, I am pleased that we have an opportunity to discuss this subject, because I generally take the view that we do not spend enough time focusing on the practicalities and nuts and bolts of how people are variously affected by hard-nosed, practical and crunchy bits of legislation like this. It is a refreshing opportunity to be able to do that and I thank the noble Lord, Lord Low, for bringing forward this amendment.

I am also grateful to my noble friend Lord Brooke for alighting on an issue that has been of considerable concern to me throughout our consideration of the Bill: delay. The noble Viscount, Lord Colville, and I have both been concerned to ensure that no unforeseen delays arise, but during the process we have taken careful account of the important issues. This is one of those pleasant occasions where one can say that we

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have managed to make the progress that we needed to achieve—indeed, we have made rather better progress than I thought that we might at one stage—and the costs in delays, which are perhaps unquantifiable, even though people have said that they could be as much as £50 million a week, have been avoided. With that in mind, this is a timely issue to draw out.

My response will take a little time, as it should, because I want to go through how disability issues will be resolved during the process of the Crossrail development and I want to provide the sort of reassurance that I know the noble Lord, Lord Low, seeks. As he says, things should happen in a way that helps those who are most vulnerable and disabled both in the construction of the project and in terms of the services that it will provide. Historically, people with physical disabilities have not necessarily been best served by sub-surface rail lines. I suppose that the Jubilee line extension, as the most recent addition to our Underground network, is probably better designed than most. Much has been learnt from that experience, which will count for a lot in the way in which Crossrail develops.

The noble Lord made several other points that bear careful thought: the importance of disability equality schemes; the continuing importance of consultation with organisations such as Guide Dogs; and the need to appoint project managers who have a direct role in dealing with disability issues as and when they arise during the project development. The noble Lord, Lord Roberts, asked that all reasonable steps be taken, which is an important point. My noble friend Lord Brooke told us that, when the Select Committee looked at the detail of the project, it spent some considerable time rehearsing many of the disability issues, which has greatly aided us.

The amendment would ensure that the Crossrail- nominated undertaker—the body to be appointed under the Crossrail Act for the purpose of constructing and maintaining the Crossrail system—is subject to the general duty imposed on public authorities that was inserted in the Disability Discrimination Act 1995 by the Disability Discrimination Act 2005. The purpose of Section 49A(1) is to ensure that bodies that exercise public functions promote disability rights issues when exercising those functions. The amendment would also ensure that the nominated undertaker produces a disability equality scheme under the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005, which is predominantly a statement of how the public authorities listed in the 2005 regulations are satisfying their Section 49A(1) duty. No one could disagree with the commendable purpose of the noble Lord’s amendment, but in fact it is unnecessary. I shall explain carefully why that is by addressing both elements in turn.

It is currently envisaged that Cross London Rail Links will be appointed as the nominated undertaker for the majority of the works. CLRL is already subject to the provisions of Section 49A(1) in the 1995 Act. It has carried out and will continue to carry out its functions with due regard to its duties under that provision. As with any other public authority subject to Section 49A(1), a senior manager has overall responsibility for disability rights issues within the

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company. That is one of the purposes behind the amendment of the noble Lord. He has made an important point by stressing that that post must be used to ensure that there is effective connection and liaison with local groups; the point was also made by the noble Viscount, Lord Colville. I echo that wholeheartedly and agree that it is essential.

What has impressed me most about this project, certainly during the time that I have been involved with it, has been the enthusiasm and commitment demonstrated by the Crossrail project team to work at issues raised by local groups and organisations. Many came before the Select Committee to make their case. The Mayfair Residents’ Association is one that comes to mind, as does the residents’ organisation in Spitalfields. The project team should be congratulated on spending the time that it did on trying to resolve the issues that such groups brought before it. I have every confidence that that process will continue through the project development and on to construction. It is essential, and noble Lords have been wise to address the issue.

CLRL is not a listed public authority under the 2005 regulations. However, the Secretary of State for Transport and Transport for London are both listed in the regulations and both produce their own disability equality schemes, which have previously covered CLRL and the Crossrail project. Once CLRL becomes a fully owned subsidiary of TfL, it is expected that it will continue to be covered by TfL’s disability equality scheme in the same manner as any other TfL Group company, such as London Underground. It is therefore unnecessary and potentially inappropriate for CLRL to be required to produce a separate disability equality scheme in the terms sought in the noble Lord’s amendment. Indeed, in December 2006, CLRL undertook a disability impact assessment of its policies and procedures, which formed part of the Department for Transport’s disability equality scheme in January of last year.

The disability impact assessment was an assessment of CLRL’s policies and procedures as a company. Impacts of the Crossrail project, including construction, were identified in the Crossrail equality impact assessment, which was published in January 2006. The EqIA considered seven priority groups, which included disabled people with mobility or sensory impairments, learning difficulties or mental health problems, and proposed mitigation to adverse impacts on these priority groups at policy level. As the project develops and progresses towards the design stage, it is anticipated that an update of the EqIA will take place. I can therefore assure the noble Lord that disability and equality assessment, monitoring and review will continue throughout the design, construction and early operational life of the project and that mitigation will continue to be developed. This will be done in consultation with relevant groups, including Guide Dogs and others as appropriate. Of course, some will be more appropriate at different stages, particularly once CLRL has a suitable level of design and detail to consult on. CLRL has also confirmed that it will indeed be working with the Disabled Persons Transport Advisory Committee, as the amendment anticipates.

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I am aware that the noble Lord has particular concerns about the impacts of construction of the project on disabled people and I hope that I can offer some further reassurance on this issue. As set out in the Crossrail construction code, the nominated undertaker will, where reasonably practicable, ensure that people with reduced mobility and other forms of disability as specified in the Disability Discrimination Act 1995 will continue to have access to services and buildings where such access and services are temporarily disrupted during the Crossrail construction works. Where the normal means of access has to be diverted or blocked off, alternative safe routes for people with reduced mobility will be identified, taking into account existing hazards and obstructions such as pavement kerbs and street lighting poles.

The first draft of the Crossrail construction code and the planning memorandum were published by CLRL in December 2005. A number of bodies, in particular local authorities that have a duty to ensure that the issues of disabled people are promoted, have raised matters that are addressed in these documents. The terms of these documents are now agreed with local authorities and have valuably been finalised.

Under Schedule 7 to the Bill, the nominated undertaker will have to obtain the approval of a local authority for specific construction arrangements. When considering such requests for the approval of construction arrangements, the authority will be able to take account of the effects that the proposals would have on people with reduced mobility. During construction, the nominated undertaker and contractors will be required to provide community relations personnel to communicate to all those who may potentially be affected. They will be focused on engaging with the wider community to provide appropriate information and will be the first line of response to resolve issues of continued concern. The nominated undertaker will seek to engage with residents of ethnic minority backgrounds, residents with disabilities or other priority groups that may be differentially affected at different times by construction.

In summary, the Department for Transport is committed to working closely with TfL and CLRL to ensure that Crossrail is in a stronger position to develop its design, construction and operational planning, both to meet statutory requirements and to deliver a railway fit for the purpose of serving the needs of the whole community. I hope that that answers the main points offered.

CLRL met Guide Dogs in January of this year. Guide Dogs raised many of the issues that have been raised in your Lordships’ House this evening. It did not express at that stage any dissatisfaction with the answers that it received, particularly as there was a commitment to continued dialogue. It will of course have the opportunity to comment on the Crossrail construction code, the planning memorandum and documents such as the equality impact assessment.

Finally, there will be a local group for every area. I understand that the Paddington group and the Tottenham Court Road group are already up and running. The Bond Street and Whitechapel groups are to be set up and run from next month. The anticipation is that all areas will be covered by the end of the year. The focus

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for that local liaison is firmly in our minds and is, as we debate and deliberate, being put in place. I am grateful to all those who are party to that.

I hope that I have answered and given reassurance on the main points. I certainly understand the spirit in which the amendment was moved. Crossrail stands ready to receive other approaches as are necessary to ensure that this project, which is important for the mobility of everyone in the capital but particularly those who suffer a disability, is greatly enhanced in the future and that we have an addition to our railway network that provides better access than any other part of the network has done hitherto. I am sure that your Lordships’ House will want to hear more on this in due course. I undertake to do all that I can to ensure that people are kept informed and up to date as is necessary on the way in which this project develops. I am grateful to the noble Lord, Lord Low, for this opportunity to offer the reassurances that I have been able to give this evening.

6.45 pm

Lord Low of Dalston: My Lords, I am extremely grateful to the Minister for his full and careful reply to all the issues raised. I am most grateful to all other noble Lords who have spoken, who all made relevant points.

I should say unambiguously, as I hope I did in my earlier remarks, that I am in absolutely no doubt about the great benefits that will accrue to disabled people as a result of the construction of Crossrail. As I hope will have been clear, my amendment was in no sense moved in a spirit that this is a bad-news development. Overall is it good news for disabled people if we can just handle it in the right way. The Minister has gone out of his way to reassure me that that will be the case. I certainly hope that making appropriate provision for disabled people will not cause any undue delay to the project; indeed, I hope that it will not cause any delay at all. It is obviously to the public good that the project should go ahead with all due dispatch.

On works undertaken to meet the needs of disabled people, any legal requirement would require only that reasonable adjustments be made. No undertaking would be expected to go to unreasonable expense. I hope that there are no continuing worries on that score. I express my gratitude to the Select Committee for the depth with which it probed these issues and the concern that it showed for them.

As I said, the Minister responded extremely fully. I am most grateful to him for that. He covered all the bases and went out of his way to explain how the needs of disabled people would be covered without a disability equality scheme. CLRL has a disability equality duty, as its activities are covered under parent schemes. That point is covered. I was grateful to hear the Minister say that there is an expectation that the arrangements will need to be reviewed and updated. We can all take comfort from the Minister’s reassurance that that review and updating, and indeed the examination of everything as the project goes along, will be done in full consultation with relevant groups—not just Guide Dogs, which the Minister kindly mentioned, but other

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relevant groups, particularly local groups, some of which, as he was able to tell us, have already been set up.

The Minister has given us a full reassurance, for which I am grateful and which I am sure all noble Lords were glad to hear. I agree with him that it is good that we have been able to give this issue a full airing this evening. Now that we have done that, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Criminal Injuries Compensation Scheme 2008

6.48 pm

Lord Bach rose to move, That the draft scheme laid before the House on 18 June be approved.

The noble Lord said: My Lords, criminal injuries compensation is part of the Government’s wider commitment to put victims at the heart of the criminal justice system. We have transformed the way that victims of crime are supported. Victims now have a legal right, for the first time ever, to a high quality of service from the police, the Crown Prosecution Service and the courts. We have introduced 165 witness care units across England and Wales to support victims and witnesses to attend court. At court itself we have introduced special measures such as giving evidence by videolink or with the support of an intermediary to ensure that victims who are vulnerable or intimidated can give their best evidence.

The criminal injuries compensation scheme is another part of our strategy to support and protect victims of crime. It provides payment at public expense to innocent victims of violent crime in Great Britain. Compensation is based on a tariff, or scale, of awards for injuries of comparable severity. There are 25 tariff bands ranging from £1,000 to £250,000. More seriously injured victims can get additional compensation for loss of earnings and special expenses, subject to an overall ceiling of £500,000 in respect of any one claim or any one death.

Last year the Criminal Injuries Compensation Authority paid out £235 million in compensation, and since the scheme’s inception in 1964 it has paid out more than £4 billion to more than 1 million victims of violent crime. Ours is the most generous scheme within the European Union and one of the most generous in the world. For example, in 2007, the United States of America paid out £221,783,000; in the same year, the Great Britain scheme paid out £183,900,000. Considering that the population of the United States is five times greater than ours, the House will acknowledge how generous our scheme is.

In September 2005 we consulted on whether to refocus the scheme on victims of the most serious crime while also improving the practical and emotional support available to victims. Many respondents to the consultation wanted the practical and emotional support it proposed. We have taken this forward through the victim support plus model, where Victim Support contacts the victim within 48 hours of referral from the police and a thorough needs assessment is carried

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out identifying the individual support needed. But respondents also commented that these direct services should not be at the expense of awards for less serious injuries. We agree. We will not, therefore, be refocusing the scheme and have funded Victim Support to roll out its model of practical and emotional help across the country.

Criminal injuries compensation does not exist in a vacuum. It is intimately linked to the other support, protection and information that victims of crime receive from the criminal justice system. When we started the Rebuilding Lives consultation we were at the start of a major period of reform—for example, the introduction of witness care units and the victims’ code of practice. We wanted to be clear on the results of these reforms before making any changes to the scheme; in particular, we were keen to see the results of Victim Support’s new victim support plus scheme. In these pilots, 88 per cent of victims said that they felt their needs were completely met, and 92 per cent of victims judged the quality of service to be excellent or good. So the success of its pilots influenced our decision to roll out that initiative across the country, just as it influenced our decision not to refocus the scheme but to instead look at making its administration more efficient and more victim-focused.

As a result, the main changes we are bringing before the House relate to the appeals provisions of the scheme. These have become necessary as a consequence of the Tribunals, Courts and Enforcement Act 2007. The provisions that we are inviting noble Lords to approve today are therefore mainly focused on these changes, and the basic structure and rules of the existing scheme will remain much as before.

The criminal injuries compensation scheme currently in operation incorporates the functions of both the Criminal Injuries Compensation Authority and the Criminal Injuries Compensation Appeals Panel. The main reason for bringing these changes before the House is the 2007 Act, which creates a two-tier tribunal structure, the first-tier tribunal and the upper tribunal, and requires that the Criminal Injuries Compensation Appeals Panel, along with a number of other government tribunals, will be absorbed in the first-tier tribunal on 3 November this year. From that date, the Criminal Injuries Compensation Appeals Panel will cease to exist as a separate body and therefore cannot remain part of the criminal injuries compensation scheme. From the same date, the appeals rules and procedures of the first-tier tribunal will be set out within the relevant tribunal procedure rules, which have yet to be laid before the House. That is why the coming into force date of this draft scheme is 3 November.

As opportunities to amend the scheme arise so rarely, we also want to make a number of other changes. These have become necessary with the passage of time since the scheme was last changed in 2001 and in the light of operational experience. In the main, they are needed to clarify meaning or intent where there is doubt or ambiguity, to provide greater clarity, to restore the original intention of the scheme where court judgments or operational experience suggest that the previous wording was not doing the job, and to help streamline some scheme processes. All the

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changes are clearly set out in annex B to the Explanatory Memorandum that has been laid before Parliament with the draft scheme. The changes are all clearly shown as “tracked” changes, and I shall briefly mention some of the more significant ones.

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