Ms Nusrat Ghani
MP for Sussex Weald · Conservative · United Kingdom
“Before we come to the urgent question, I must say how disappointing it is that the Government were not forthcoming with a proactive ministerial statement on this matter. The disruption to aviation and the impact on many constituents has been considerable.”
“The point of order and its content are not a matter for the Chair. I have not been notified of any Minister coming forward at this point, but I have only just come into the Chair. If the hon.”
“(3) Regulations under section 14Z45B must provide that, where an out-of-hospital service is to be provided to a patient, the integrated care board must— (a) offer the patient a choice of at least two providers capable of providing the service, which may include NHS bodies and independent sector providers approved to provide that service u…”
“(2) For the purposes of subsection (1), the relevant requirements are— (a) that the special educational provision set out in section F of an EHC plan meets the needs identified by an EHC needs assessment; (b) that ICBs can be required to provide such special educational provision; (c) that ICBs must provide such special educational provis…”
“(3) The Charter must— (a) set out the fundamental principles and responsibilities for assessing whether a data sharing partnership is in the interest of the public and the NHS; (b) include the primary goal of protecting people’s privacy and their data from exploitation, while promoting trust in data systems and the handling of health data…”
“(2) Arrangements under subsection (1) must, so far as reasonably practicable, provide for— (a) general practitioners, dentists, pharmacists and other relevant primary care professionals to work together as part of integrated local primary care teams; (b) the sharing of relevant patient information between those professionals through secur…”
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“Clause 6 allows the Secretary of State to use the power under section 4(1) to compulsorily acquire airspace only, rather than the land beneath it, for the purpose of aerial works. The clause provides that where the Secretary of State needs to acquire only airspace, a landowner cannot require the Secretary of State to compulsorily purchase the land beneath it. Question put and agreed to. Clause 6 accordingly order ed to stand part of the Bill.”
“Clause 7 accordingly ordered to stand part of the Bill . Schedule 11 agreed to . Clause 8 Highway subsoil Question proposed, That the clause stand part of the Bill.”
“Clause 7 allows the Secretary of State to compulsorily purchase only the subsoil or under-surface of land within the Bill limits for work such as tunnelling. Where the Secretary of State only acquires the subsoil or under-surface, he cannot be compelled to purchase the surface land, except where sub-surface acquisition includes part of a building, such as a cellar, and would therefore have a material detrimental impact on the remainder of the property. Subsection (4) introduces schedule 11, which in specified cases restricts the compulsory powers of acquisition to subsoil or under-surface of land and the imposition of restrictive covenants. The table in the schedule details land where only subsoil more than nine metres below the surface can be compulsorily acquired. This is mostly for deep tunnels. Question put and agreed to .”
“Subsection (5) provides that, in the case of highways in the land specified in the table in paragraph 1 of schedule 11, only subsoil that is more than nine metres beneath the level of the surface may be taken.”
“Clause 8 allows the nominated undertaker to use any subsoil beneath the highway within the Bill limits which is required for the purpose of construction and maintenance of works authorised by the Bill, without the need formally to acquire the subsoil or any interest in it. This does not apply to cellars, vaults, archways or other structures that form part of a building fronting on to a highway. Subsections (3) and (4) introduce schedule 12, which lists the highway allowed within the Bill limits where the powers to take subsoil or compulsorily acquire interest in the land cannot be exercised except in the case of street works, as per subsection (6).”
“The hon. Gentleman raises an important point. I already attend meetings with the National Farmers Union and the Country Land and Business Association. We will of course continue to work with them, and he will know that we try to reduce any environmental impact when building this railway line. Question put and agreed to . Clause 8 accordingly ordered to stand part of the Bill . Schedule 12 agreed to . Clause 9 Termination of power to acquire land Question proposed, That the clause stand part of the Bill.”
“Clause 10 Extinction of rights over land Question proposed, That the clause stand part of the Bill.”
“Clause 9 sets out an expiry period for compulsory purchase powers of five years from the date of Royal Assent. The clause allows the Secretary of State by order to extend this period by not more than five years. Any order extending the time limit for the exercise of these powers is subject to special parliamentary procedure. Subsection (4) introduces schedule 13, which enables landowners, in the event of an extension to the time limit, to require the Secretary of State to acquire their property interests. If he decides not to, the compulsory purchase powers over the property interest will cease. Similar provisions were included in the Crossrail Act 2008 and the High Speed Rail (London - West Midlands) Act 2017. Question put and agreed to . Clause 9 accordingly ordered to stand part of the B i ll . Schedule 13 agreed to .”
“Clause 10 introduces schedule 14, which contains provisions about extinguishing private rights and any general rights of access over land, where such land is required for phase 2a. Those who suffer loss due to extinguishment of a private right would be entitled to compensation under the normal compensation provisions. Provisions for extinguishing rights were included in the Crossrail Act 2008, the Channel Tunnel Rail Link Act 1996 and the High Speed Rail (London - West Midlands) Act 2017. Similar provisions apply to compulsory acquisition by local authorities. Question put and agreed to. Clause 10 accordingly ordered to stand part of the Bill. Schedule 14 agreed to. Clause 11 Extinction of rights of statutory undertakers Question proposed , That the clause stand part of the Bill.”
“The clause applies the provisions of the Town and Country Planning Act 1990, which provide a process by which any apparatus of the statutory undertaker on such land may be removed and related rights over the land extinguished. Clause 11 is subject to the protected provisions for specified statutory undertakers in schedule 32, which makes provision for the diversion or protection of their apparatus. Question put and agreed to. Clause 11 accordingly ordered to stand part of the Bill. Clause 12 Exclusion of new rights of way Question proposed, That the clause stand part of the Bill.”
“The clause prevents rights of way from being acquired by prescription over land that forms an access to any railway infrastructure and which is held for phase 2a. Question put and agreed to. Clause 12 accordingly ordered to stand part of the Bill. Clause 13 Temporary possession and use of land Question proposed , That the clause stand part of the Bill.”
“Clause 13 introduces schedules 15 and 16, which give the Secretary of State powers to take temporary possession of land within the Bill limits for the purpose of phase 2a. The land listed in the table in schedule 16 can be taken only temporarily and not acquired, except for subsoil and rights or restrictive covenants over the land. Schedule 15 sets out the procedure, including the notice required, the payment of compensation to effective landowners, the suspension of private rights and rights of access over the land during the period of temporary possession and arrangements for the restoration and return of the land. Question put and agreed to. Clause 13 accordingly ordered to stand part of the Bill. Schedules 15 and 16 agreed to. Clause 14 Use of roads Question proposed , That the clause stand part of the Bill.”
“Clause 14 allows the nominated undertaker to use any road specified in the table in schedule 8, which is land for which only rights may be compulsorily acquired or over which restrictive covenants may be imposed, so as to obtain a right of passage for the purpose of phase 2a. This power ends five years after phase 2a is brought into general use.”
“The hon. Gentleman raises another important point—the issue of ongoing engagement with Highways England, local authorities, those who drive, cycle and walk, and also Members of Parliament. That is the case at the moment. HS2 Ltd has provisions in place to ensure that it works with local communities and local council management on local travel plans. It will have to continue to do so through the construction phase. Question put and agreed to. Clause 14 accordingly ordered to stand part of the Bill. Clause 15 Enforcement of restrictions on land use Question proposed, That the clause stand part of the Bill.”
“The clause allows the Secretary of State when entering into agreements relating to phase 2a to impose prohibitions or restrictions on the owners of land to bind successors in title as if they were the original party. This is despite the fact that the Secretary of State may not at the time of the agreement own land to be benefited by the prohibition or restriction. Question put and agreed to. Clause 15 accordingly ordered to stand part of the Bill. Clause 16 Compensation for injurious affection Question proposed, That the clause stand part of the Bill.”
“The clause provides that the nominated undertaker will be responsible for paying compensation under section 10(1) of the Compulsory Purchase Act 1965, instead of the Secretary of State. Question put and agreed to. Clause 16 accordingly ordered to stand part of the Bill. Clause 17 Deemed planning permission Question proposed, That the clause stand part of the Bill.”
“The clause provides deemed planning permission under part III of the Town and Country Planning Act 1990 for carrying out the works authorised by the Bill. Deemed planning permission is granted only for ancillary works in the Bill where the impact of such work is assessed in the environment statement, or where the development is exempt within the meaning of the environmental impact assessment regulations. Any work outside those parameters would require separate planning permission. Subsection (3) introduces schedule 17, which sets out the conditions of deemed planning permission. That includes the requirement for approval from the relevant local authorities on specific aspects of design and construction to ensure that local impacts are appropriately mitigated in the area—for example, the movement of lorries to and from construction sites.”
“The hon. Gentleman once again raises valid points about how we remove material and mitigate any impact on the neighbouring communities, which is what HS2 is doing with its local engagement, as well as by working with local authorities. Planning permission provided by clause 17 is necessary to the construction of the proposed scheme and it provides more clarity to those directly and specially affected by the Bill. Question put and agreed to. Clause 17 accordingly ordered to stand part of the Bill. Schedule 17 agreed to. Clause 18 Time limit on deemed planning permission Question proposed, That the clause stand part of the Bill.”
“The clause sets out, as a condition of deemed planning permission, a time limit of 10 years after Royal Assent within which the authorised works must have commenced. The clause also allows the Secretary of State to extend by regulations the period by which any work must be commenced. Such regulations are to be made by statutory instrument, subject to the negative resolution procedure. Question put and agreed to. Clause 18 accordingly ordered to stand part of the Bill .”
“The clause allows the Secretary of State by regulations to disapply the planning permission granted by the Bill for maintenance or alteration of phase 2a works carried out after a specific date. The clause is intended to relate to works post construction where it would be disproportionate for the HS2 infrastructure operator to have such broad planning permission. Question put and agreed to. Clause 19 accordingly ordered to stand part of the Bill. Clause 20 Development consent Question proposed, That the clause stand part of the Bill.”
“The clause makes it clear that development consent under the Planning Act 2008 is not required for the authorised works. That Act provides for the construction of nationally significant infrastructure projects such as HS2 to be authorised by a development consent order. As the Bill will provide the powers and consents required to build and maintain phase 2a, a development consent order is unnecessary. Question put and agreed to. Clause 20 accordingly ordered to stand part of the Bill. Clause 21 Listed buildings and ancient monuments Question proposed, That the clause stand part of the Bill.”
“The clause introduces schedules 18 and 19, which disapply or modify controls for listed buildings and ancient monuments to allow the construction of phase 2a and to enable the installation of noise insulation in listed buildings.”
“The hon. Gentleman raises an important point. Of course local communities want to protect their local heritage sites, and of course we will work with local authorities and Historic England. HS2 Ltd has an extensive community engagement team that works on the ground, and there are also opportunities to petition at the appropriate points in the Bill’s passage. The listed buildings affected are listed in tables 1 and 2 in schedule 18, and the disapplications or modifications apply only to those buildings. Schedule 19 allows a person authorised by the Historic Buildings and Monuments Commission for England to enter land where there is a scheduled monument to observe or advise on the carrying out of works to ensure the protection of monuments. Similar provisions were included in the Crossrail Act 2008 and the phase 1 Act of 2017.”
“Even though we are trying to build an up-to-date, modern railway line, since I became HS2 Minister, I have been concerned to ensure that we honour historical sites close by and try to mitigate any impacts on them. I am sure that HS2 Ltd will continue to do that. Question put and agreed to. Clause 21 accordingly ordered to stand part of the Bill. Schedules 18 and 19 agreed to. Clause 22 Burial grounds Question proposed, That the clause stand part of the Bill.”
“Once again, important points have been raised that were also made about HS2 and, no doubt, made to the Select Committee. One hon. Member has a particular issue within their constituency, which no doubt we will hear about again today. Similar provisions were included in the Crossrail Act 2008 and the HS2 phase 1 Act of 2017. All works must be done in accordance with the environmental minimum requirements, and the normal requirements and appropriate consents are always obtained when dealing with listed buildings. The Secretary of State will have to work with local authorities and Historic England. The Select Committee considered the scheme’s effect on specific historical sites, and the scheme is designed to seek to avoid impacts on culture or heritage. We recognise the importance of such assets to communities locally and nationally.”
“The clause provides for the disapplication of laws concerning burial grounds and human remains. It also introduces schedule 20, which outlines the process that the nominated undertaker must follow in relation to the removal and reburial or cremation of human remains, and the removal and replacement of monuments to the deceased. The clause disapplies ecclesiastical law for the purpose of constructing phase 2a. It also disapplies the law relating to burial grounds if the remains and any monument to the deceased have been dealt with in accordance with schedule 20. Similar provisions were included in the 2008 and 2017 Acts.”
“Relatives have the right to remove and re-inter or cremate the remains at the expense of the nominated undertaker, who must pay reasonable costs. I hope that provides some assurance to the hon. Gentleman that we are taking the issue seriously. Question put and agreed to. Clause 22 accordingly ordered to stand part of the Bill. Schedule 20 agreed to.”
“The hon. Gentleman makes an important point. If he has had time to visit Euston, he will have seen the huge amount of work being undertaken to deal with remains, which are all being removed by hand. It is a long process, as it should be. We have not yet identified any known burial grounds that could be affected, but in the course of construction, we could discover previously unknown sites. If that occurs, the clause and its related schedule provide for the appropriate processes to manage the removal and reburial or cremation of human remains, and the removal and replacement of monuments to the deceased. Where remains are less than 100 years old, schedule 20 requires a notice to be published in the local newspaper and displayed at the burial ground.”
“I understand. I will do my best, but do call me out if I get it wrong. Clause 23 Consecrated land Question proposed, That the clause stand part of the Bill.”
“Among the modifications is an amended process for the resolution of disputes. Clause 29 introduces schedule 24, which disapplies various controls relating to works in or near streets and highways. Similar provisions were included in the 2017 Act. Clause 30 introduces schedule 25, which relates to the granting of permits for the use of heavy commercial vehicles on roads where there are heavy lorry restrictions. Similar provisions were included in the Crossrail Act 2008 and the phase 1 Act.”
“Clause 27 introduces schedule 21, which provides for the disapplication of certain legislation relating to water abstraction, impounding and other matters relating to water and drainage. Similar provisions were included in the 2008 and 2017 Acts. Clause 28 introduces schedules 22 and 23, which make provision for the disapplication of certain legislation relating to buildings and party walls. Schedule 22 provides for the disapplication or modification of various provisions of the Building Act 1984 and building regulations, including provisions on drain repairs and disconnections, the raising of chimneys, the construction of cellars and roofs below subsoil water level, and the control by local authorities of demolition works. Schedule 23 modifies the Party Wall etc. Act 1996.”
“Clause 25 provides protection for trees subject to tree preservation orders or in conservation areas in relation to works to trees that are required for the purposes of constructing and maintaining phase 2a. Similar provisions were included in the 2008 and 2017 Acts. Clause 26 allows for the installation and diversion of overhead lines as part of the authorised works, and grants the necessary consent for such works. The clause removes the need for the Secretary of State’s consent under the Electricity Act 1989 where the installation of the line is a work authorised by the Bill and has deemed planning permission under the Bill. Similar provisions were included in the 2017 Act.”
“Clause 23 provides that works authorised by the Bill may be carried out on consecrated land without being affected by restrictions and obligations imposed by ecclesiastical or other laws. Burial grounds are dealt with separately under clause 22 and schedule 20, which set out how human remains are to be dealt with. The environmental minimum requirements control how the works are to be carried out. Similar provisions were included in the Crossrail Act 2008 and the High Speed Rail (London - West Midlands) Act 2017. Clause 24 disapplies existing enactments that regulate the use of commons, town or village greens, open spaces or allotments. Similar provisions were included in the 2017 Act.”
“Clause 43 introduces schedule 32, which protects the interests of statutory undertakers and other bodies who may be affected by other provisions of the Bill. The provisions are similar to those in the Crossrail Act 2008, the Channel Tunnel Rail Link Act 1996 and the High Speed Rail (London - West Midlands) Act 2017. The protective provisions of the schedule cover highways and traffic; electricity, gas, water and sewerage undertakers; electronic communications code networks; land drainage, flood defence, water resources and fisheries; and the Canal & River Trust.”
“In anticipation, let me I point out that we are doing what we can to ensure that freight will support the movement of construction materials, whether aggregates or rail cement, during the construction of the railway. Question put and agreed to. Clause 43 accordingly ordered to stand part of the Bill. Schedule 32 agreed to.”
“The hon. Gentleman raises important points, but most of them are detailed extensively in the environmental statement. My Department and HS2 Ltd have engaged, and will continue to engage, with all those who are worried about their local communities, the environment, congestion and traffic movement. They will all have the opportunity to petition this House and the other place. The clause is necessary to minimise disruption and allow the delivery of the proposed scheme, protects the bodies involved, and enables them to continue to carry out their duties. Freight has been raised a number of times; I look forward to responding to the new clause on that issue.”
“Clause 47 allows the Secretary of State to direct that the deemed planning permission under clause 17(1) does not apply in relation to particular reinstatement works. That relates to works outside of the scope of the Bill, to which it would be inappropriate to apply deemed planning permission.”
“Subsection (10) amends the equivalent provision of section 49 of the 2017 Act, to make it clear that the Secretary of State can acquire rights or impose restrictive covenants under that section for the benefit of another person, such as the person whose undertaking is being relocated. Clause 46 allows the nominated undertaker to carry out reinstatement works within the Bill’s limits on a property, including a business or facility, that has been discontinued or substantially impaired in whole or in part, following the exercise of any power under the Bill. This clause aims to assist those affected by the construction of HS2, by providing an efficient mechanism for moving properties such as businesses, and reducing the requirement for extinguishment.”
“The clause further enables the Secretary of State to promote a compulsory purchase order to acquire land to relocate all or part of an undertaking where, as a result of the exercise of powers under the Bill, the former site is no longer reasonably capable of being used for the undertaking. Subsections (3) to (6) and (8) provide that the normal process relating to compulsory purchase orders applies. Subsection (7) makes it clear that the Secretary of State can acquire rights or impose restrictive covenants for the benefit of another person, such as the person whose undertaking is being relocated.”
“Clause 44 provides that the undertakings given to the Commonwealth War Graves Commission and the Archbishops’ Council in relation to the powers of the High Speed Rail (London - West Midlands) Act 2017 should apply in the same way to the phase 2a Bill. Clause 45 enables the Secretary of State to promote a compulsory purchase order if he considers that the construction or operation of phase 2a of HS2 could cause the displacement of an undertaking . The land to be acquired could be used to relocate the undertaking or to provide land in substitution of land displaced.”
“Clause 48 enables the Secretary of State to ensure that, following the construction of the scheme, he may impose conditions on land released where such land contains environmental mitigation for HS2. This is to ensure the maintenance of mitigation measures; upgrades to the mitigation, if required; and prohibition on uses of the land where such uses would detrimentally affect the measures in place. The clause binds successors in title into any covenant agreed with previous landowners. The Secretary of State or an authorised person may enforce the agreement.”
“The hon. Gentleman raises an important point to consider when undertaking such a large construction project. We are working with all stakeholders he would hope we would work with, including the Woodland Trust, to ensure that we not only replace trees but plant them in the most appropriate places, and to mitigate as much as possible the impact on the environment. The substantial environmental statement covered most of those issues. Question put and agreed to. Clause 48 accordingly ordered to stand part of the Bill. Clause 49 Power to apply Act to further high speed rail works Question proposed, That the clause stand part of the Bill.”
“Clause 59 defines the phrase “Phase 2a purposes” as used in the Bill, and clause 60 defines various terms used throughout the Bill. Question put and agreed to. Clause 49 accordingly ordered to stand part of the Bill. Clauses 50 to 60 ordered to stand part of the Bill. Clause 61 Financial Provision Question put, That the clause stand part of the Bill.”
“The clause also amends environmental impact assessment regulations, to ensure that they work properly in relation to development authorised by the Bill. Clause 56 sets out how disputes, which are to be determined under the Bill by arbitration, are dealt with. Similar provisions were included in the Crossrail Act 2008 and the High Speed Rail (London - West Midlands) Act 2017. Clause 57 relates to serving notices or other documents on any person where that is required or authorised under the Bill. The clause allows a document to be served by email or other electronic means where the recipient has agreed to the electronic means of service. Clause 58 allows landowners to resume their former use of land which has been used temporarily for the purposes of HS2, without having to make a further application for planning permission.”
“Clause 53 makes provision for the terms “deposited plans” and “deposited sections” for the purposes of the Bill. Clause 54 contains provisions for correcting the plans that have been deposited in Parliament with this Bill, should that be required, and there are similar provisions in the Crossrail Act 2008, the Channel Tunnel Rail Link Act 1996, and the High Speed Rail (London - West Midlands) Act 2017. Clause 55 provides that where a building that does not form part of the phase 2a works authorised by the Bill is built to replace a building demolished, or substantially demolished, under the Bill, the planning application for that replacement building must be accompanied by an environmental assessment where the construction of the replacement building is likely to have significant effects on the environment.”
“Clause 50 permits the authorised works to be carried out by the nominated undertaker on Crown land, or Crown land to be entered, with the consent of the relevant Crown authority. Clause 51 provides that the powers conferred on the nominated undertaker with respect to works may be exercised in relation to roads under the responsibility of the Secretary of State, subject to his agreement. Subsection (2) states that the Secretary of State can impose conditions in such an agreement. Clause 52 disapplies provisions of the Crown Estate Act 1961 that contain limitations on the powers of disposal of Crown Estate Commissioners. Those limitations are removed for Crown Estate land within the Bill limits that appears to the Crown Estate Commissioners to be required for phase 2a purposes.”
“Clause 49 allows the use of an order under the Transport and Works Act 1992—a TWA order—to gain the necessary provisions for extensions or additional works relating to phase 2a of HS2 beyond the works outlined in the Bill. This relates to relatively minor transport works, such as an additional track to connect rail sidings. This power would not be used to promote future phases of HS2, which would be subject to the hybrid Bill process. A TWA order cannot apply the provisions of the Bill that enable the Secretary of State to extend the time limit for the exercise of compulsory purchase powers—as referenced in clause 9(2) and schedule 13—or the provisions relating to listed buildings or ancient monuments, as referenced in schedules 18 and 19.”
“This is the standard clause that appears in Bills and provides for the expenditure of public money. It simply provides that any expenditure incurred by the Secretary of State under the Bill shall be paid out of money provided by Parliament.”
“They are northern, locally elected leaders who are waiting for HS2 to roll through their communities, because they fully understand not only that, at its peak, it will provide work for 30,000 people—most of those jobs being outside London—but its value for money and how it will smash the north-south divide, encourage our communities to come even closer together and force investment in rail infrastructure in the north of England for more than 100 years. This is a key infrastructure, social and economic project for our country.”
“I remind the hon. Gentleman that we are here to scrutinise the Bill line by line, but I welcome the opportunity to remind everybody of the importance of HS2. Of course, it is a crucial project, linking eight of our 10 greatest cities. Supportive comments have been made recently by everybody involved, including the Mayors of Manchester and Liverpool and the leader of Leeds City Council, who have been watching very closely.”