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14 High Speed Rail (London IN THE HOUSE OF LORDS SESSION 2013 - 14 HIGH SPEED RAIL (LONDON - WEST MIDLANDS) BILL ______________________________________________________________ STATEMENT ON BEHALF OF THE SECRETARY OF STATE IN SUPPORT OF THE APPLICATION FOR DISPENSATION WITH STANDING ORDERS ______________________________________________________________ 1. In the case of the High Speed Rail (London - West Midlands) Bill, which was introduced into the House of Commons on 25 November 2013, the Examiners of Petitions for Private Bills have reported that certain Standing Orders have not been complied with. This Statement addresses each of the findings of non-compliance as follows: Appendix 1: Summary Appendix 2: SO 11 Appendix 3: SOs 12 and 12A Appendix 4: SO 13 Appendix 5: SO 27 and SO 48 Appendix 6: SO 27A Appendix 7: SOs 32, 33, 34, 35, 36 and 37 Appendix 8: SO 55 Appendix 9: Analysis of CT-004-000, Table 1. 2. In January 2012 the Government published its response to its national consultation on high speed rail launched in February 2011 setting out its confirmed strategy for high speed rail. The document, “High Speed Rail: Investing in Britain’s Future – Decisions and Next Steps” (Cm 8247), announced that the Government having taken the decision to progress the scheme it was committed to driving it forward as fast as is practicable to achieve early realisation of its significant benefits in terms of capacity, connectivity and support for economic growth, and to remove unwelcome uncertainty for those affected. The Government also announced that it intended to introduce a hybrid bill by the end of 2013 to provide the necessary powers to construct and operate the first phase of the railway from London to Birmingham. 3. The Government was anxious to introduce the Bill as early as possible. When planning for the consultation on the draft Environmental Statement was finalised in May 2013 it was recognised that a very considerable volume of work was required to prepare the Bill, the plans and sections, the book of reference and the Environmental Statement. In view of this, the 25 November date for introduction of the Bill was agreed as the earliest possible date that could be achieved. 1 APPENDIX 1 SUMMARY Non-compliances as found by Examiners at their hearings on 17.12.13 and 8.1.14 in respect of SOs 11, 12, 12A, 13, 27, 27A, 32, 33, 34, 35, 36, 37, 48 and 55 Nature of non- Reason for non- SO requirement Non-compliant action compliance compliance SO11 Process for petitioning Impossibility: Petitioning time will be Gazette notices should stated but time not No time specified fixed by the House state the time within specified after 2nd Reading, so which petitions may be cannot be specified in deposited. the notices published on introduction of the Bill. SO 12 Applications made by Time: Delay in ascertaining Application to highway 15th November Late application for all relevant streets authorities for directions. dues to directions as to posting misunderstanding as to of street notices by 12th which streets affected November by the SO. SO12 Notices displayed on Time: Notices could not be Notices to be displayed and from 25th Late display of notices posted in advance of in streets beginning no November introduction of Bill in later than 20th Parliament on 25th November November. SO12 Notices relating to Impossibility: Notices could not be Notices to be displayed motorway slip roads Notices not placed in placed in slip roads in the street or road and some private the streets and roads. and directions were to roads were posted place them elsewhere. near to the roads Notices could not be placed in private roads where the owner did not consent. SO12A Notices displayed on Time: Notices could not be Notices of stopping up, and from 25th Late display of notices posted in advance of etc. of footpaths and November introduction of Bill in bridleways to be Parliament on 25th displayed beginning no November. later than 20th November SO12A Notices displayed at Impossibility: Inaccessibility or Notices of stopping up, field edges/other Notices not placed at uncertainty as to the etc. of footpaths and conveniently near the ends of the parts of correct position. bridleways to be places but not in the footpaths and displayed at the ends middle of fields. bridleways to be of the parts to be stopped up, etc. stopped up, etc. 11099/83/140114075438.docx 2 Nature of non- Reason for non- SO requirement Non-compliant action compliance compliance SO 13 Additional notices Time: Non-compliance Notices to owners etc served by 13th Late service of some relates to certain of land to be December landowners’ notices additional notices compulsorily acquired being served due to or used to be served information received by 5th December after the deadline for service and in one case rectifying an omission in the Book of Reference See Appendix B to the Statement of Proofs. (Returns being re- served on a continuing basis.) SO27 Deposits made by 28th Time: Deposits could not be Deposit of plans, November Late deposit made in advance of sections and book of introduction of Bill in reference by 20th Parliament on 25th November November. SO27 Only sewers over 1m Interpretation of SO Follows precedents Deposit of plans, diameter treated as 48 and full compliance sections and book of centreline scheduled Requirement may be to impossible. reference by 20th works show other sewers November; and SO 48 Sewers to be shown on plans SO27A ES deposited 25th - 29th Time: Error Deposit of ES by 4th November Examiners found this December Missing pages made to be a late deposit on good by 16th the basis that the ES December. was not complete and therefore not compliant until the missing pages had been provided, so not finally deposited until 16th December. SOs 32 and 33 Deposits made on 26th Time: Deposits could not be Deposit of plans and November Late deposit made in advance of sections with regional introduction of Bill in offices of the Parliament on 25th Environment Agency November. by 20th November SO 34 Deposits made on 26th Time: Deposits could not be Deposit of plans and November Late deposit made in advance of sections with specified introduction of Bill in Government Parliament on 25th departments and November. public bodies by 20th November 11099/83/140114075438.docx 3 Nature of non- Reason for non- SO requirement Non-compliant action compliance compliance SO 35 Deposits made on 26th Time: Deposit could not be Deposit of plans and November Late deposit made in advance of sections with introduction of Bill in Commissioner of Parliament on 25th Police in London by November. 20th November SO 36 Deposits made by 28th Time: Deposits could not be Deposit of plans and November Late deposit made in advance of sections with District introduction of Bill in and parish councils by Parliament on 25th 20th November November. SO 37 Deposits made on 26th Time: Deposits could not be Deposit of plans and November Late deposit made in advance of sections relating to introduction of Bill in burial grounds, etc. Parliament on 25th with specified November. Government departments and public bodies by 20th November SO 55 Datum line referenced Impossibility: OS benchmarks no Datum line on sections to identified features, Datum line not longer maintained. to refer to OS not OS benchmarks referenced as SO 5 benchmarks requires 11099/83/140114075438.docx 4 APPENDIX 2 Standing Order 11 1. SO11 requires publication of notice of the introduction of the Bill in the London Gazette and, in the case of this Bill, also the Edinburgh Gazette. 2. SO11 sets out the requirements for the contents of the notices, including the requirement for the notice to state “the time” within which objection may be made by the deposit of a petition in either House. 3. In the case of a Private Bill deposited on or before 27th November the Standing Orders provide a pre-set timetable. This includes the dates – not time periods – for the deposit of petitions. Accordingly, in a notice relating to a Private Bill what is stated in the notice is the latest dates for the deposit of a petition in either House. This is accepted as being compliant with SO11. 4. By contrast, in the case of Hybrid Bills, the date for the deposit of petitions is set by order of the House. In the House of Commons the order is made at Second Reading of the Bill and specifies the latest date for depositing a petition. In the House of Lords there may be an order of the House at or after First Reading which will specify the latest date for petitions. If such an order is not made the last date for petitions will be the tenth day after First Reading. 5. Reflecting this the Gazette notices stated as follows: The Bill will be introduced as a public Bill. In the House of Commons, an order will be made when the Bill is read a second time in that House and committed providing for objection to the Bill to be made by depositing a petition against it in the Private Bill Office in accordance with the provisions of such order (which will specify the latest date for depositing a petition). In the House of Lords, objection to the Bill may be made by depositing a petition against it in the office of the Clerk of the Parliaments, and the latest date for depositing such a petition against the Bill may be the subject of an order made by that House or, if no order is made, will be the tenth day after that on which the Bill receives its First Reading in that House.
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