They are much better than I could have done. They could not be improved upon by the Clerks, so they get 10 out of 10, not just for their eloquence and presentation but for their content.
If I may, I will deal with the consolidated amendments in three parts, and will come to the promoter’s amendments last of all. In a moment, I will look at two amendments in particular, amendment 7 and amendment 8, which is consequential on amendment 7. I will be looking for a response from the promoter on those. They contain a serious and, to some extent, new point. To show my hand at this stage, amendment 7 is the one amendment I am thinking of pressing to a vote. I am only thinking of doing so, however—it will depend on what the Front-Bench spokesperson and the promoter say. I will explain my logic in a moment.
I will go through the rest of the amendments at some speed. A few might be probing, but they are mainly what we might call improving amendments. They try to make sure that the Bill’s deficiencies—it is rather hasty and secretive, and tries to provoke unwise decisions that have not had proper consideration—can be mitigated in some way. I ask the promoter and the Government to look at them in the spirit in which they have been tabled. I am not very hopeful, because when that same point was made in the first part of Report, in March 2015—my hon. Friend the Member for Hayes and Harlington (John McDonnell) was proposing the amendments at that stage—the promoter said he was not going to accept any of them, which I thought was a little churlish. They are genuinely intended to be improving. Let me explain what I mean by that.
I will start with new clause 1. That measure is slightly different. It flushes out one of the problems that we thought we had got rid of with TfL, but I am now not sure that we have. In its enthusiasm to sell off its assets to the highest bidder and to maximise commercial return, TfL sometimes ends up selling off land that it needs now or might need in future. That is slightly counterproductive, because with London property, when it is gone, it is gone. Any public authority that tries to buy back land that has been used from a commercial developer—even if, as in this case, that might be a joint partner—will find the price very high. The developer knows that the railway will absolutely need that piece of land so it will be treated as a ransom strip.
New clause 1 says:
“TfL, or any subsidiary of TfL, shall not lease land to third parties which…has been used in the preceding 10 years…has been considered by TfL in the preceding 10 years as suitable, or…is adjacent to land in use or in use in the preceding 10 years, for the provision or maintenance of transport services for passengers.”
Let me give one example, a very big one and probably the one that the promoter thinks I am going to give: Lillie Bridge depot.
Lillie Bridge depot is one third of the Earls Court and West Kensington opportunity development. As is the case for many others, much of my interest in the Bill has been engendered by that very development, which, until Old Oak and Park Royal comes onstream, is the biggest in London. It is a multibillion pound scheme. It consists of three parts, two of which are, or were, owned in their entirety by TfL. I will not talk about this now; I will talk about it on Third Reading. The way that part one of the scheme has been handled—admittedly under the existing rules, because the Bill has not been passed into law—has been so disastrous and cataclysmic for my constituents and the wider London economy that it bodes very badly for what may come forward.
It could be even worse from TfL’s point of view, because Lillie Bridge depot, the second part of the site—the two or three parts are roughly the same size, between 20 and 25 acres each—is a working depot for TfL. It employs about 550 people. It has stabling for District line trains, and major manufacturing and workshop areas. To all intents and purposes, it is an essential part of the operation of TfL. Unfortunately, the view put forward by TfL’s property division is that it can all go. I have a letter here from Graeme Craig, whom I referred to earlier, from 26 March 2014. It says:
“TfL is committed to bringing forward the development of LBD”—
Lillie Bridge depot—
“in accordance with the approved masterplan or such updated planning permissions as may be approved by the Council. TfL is not able to commit at this stage to how and with whom the development of LBD is to be delivered if it is proved feasible to do so. However, given the establishment of JVCo to develop Earls Court Village and ECP’s control of other interests, it would make commercial sense in due course for both parties to fully explore the potential benefits which could arise should we combine our respective remaining land interests.”
That was a scandalous letter to write and I am pleased to say that Mr Craig gave me an assurance that no deal has been, or would be, entered into with Capco for the development of the Lillie Bridge depot before the mayoral election. What has happened in that area is on the basis of no ownership of that portion of land and on the basis of a masterplan devised by Capco itself. TfL, in a
very craven way, just decided to give up the land and develop it with Capco without looking at any other possibilities.
Obviously, there is now a delay. Even TfL has to admit that a fully operational depot of that kind, with all the facilities in situ that I have talked about, cannot be closed down overnight. It is talking about not developing it for about another five years, but it is certainly looking to sign agreements to do so in advance. That is exactly the type of mischief that new clause 1 is designed to prevent.
It is not only because of the points made earlier by my hon. Friend the Member for Harrow West that we need to worry about what type of development is going to go on TfL land; we need to worry about what is going to happen with current usage, either in the case of Lillie Bridge where there is current transport usage, or if there is a potential transport usage. This is absolutely recognised in the HS2 Bill, where HS2 is able to compulsorily purchase, acquire and protect land ancillary to the line, stations or other essential infrastructure that is being developed—for good reason.
Whatever we think of HS2, we cannot allow major infrastructure projects and essential lifelines of the transport system to be put at risk by private development in this way. I therefore ask, without a great deal of hope or expectation, for support for new clause 1. Even if there is not to be support in that way, I still ask for a clear statement of policy from the sponsor on behalf of TfL as to how it intends to protect the operational benefits of TfL. This is not a pious or notional idea. TfL is going into the property development game big time. It is looking at thousands of acres of land across London with transport or ancillary transport uses—by definition, most of its non-operational land is adjacent to its operational land—in a way that I do not believe it is prepared for and that would be a quantum leap in how it operates. All we are saying is that there needs to be safeguards. We need to ensure that it does not shoot itself, or the travelling public, in the foot by giving away, tying up or otherwise compromising land in that way, which, I am afraid, is exactly what has happened in the past.
7.30 pm