My Lords, before I turn to this amendment I need to apologise. There was an error in my speaking note on Monday which I need to rectify. The error was in the statement that I made in relation to Amendment 13, dealing with advance payments of compensation for temporary possession of land. I stated that the Neighbourhood Planning Act 2017 provides for advance payment of compensation in relation to the temporary possession of land and that the amendment was therefore redundant. While it is correct that Section 24 of the Neighbourhood Planning Act 2017 will provide for advance payment of compensation in relation to temporary possession, these provisions will not apply to temporary possession of land under the powers of this Bill. This Bill, like previous hybrid Bills and previous orders under the Transport and Works Act 1992, has a bespoke regime for temporary possession of land which does not provide for advance payments. In my detailed response to the noble Earl, which I have already promised to provide, I will give further details as to the practice of HS2 in respect of the timing of payments of compensation for the temporary possession of land. I will circulate this to all noble Lords who spoke in Committee and place a copy in the Library of the House. I reiterate my sincere apologies that that happened. It will not happen again.
I turn to the amendment. We have heard the underlying concerns which may have led to this amendment and I will set out what the Government are doing about them. Land is needed for the HS2 scheme to build the railway. Some of this land is purchased by agreement but most of the land is acquired through compulsory purchase. This is an unavoidable fact of building most new transport infrastructure and I recognise that, to
those affected, it can be devastating. Most individuals affected will accept what the coming of this scheme means for them, come to terms with it and find a way to come to an agreement with HS2 as to when their land will be acquired and what compensation they will receive under the compensation code. For some, they will be happy with the arrangements and agree that their treatment by HS2 has been fair and proper.
However, a few landowners will feel that they have been unfairly treated. They may feel that there is inadequate compensation or that HS2 has not taken due note of their specific individual circumstances. The Government have taken note of those individuals and have been reviewing how they can improve the way in which the project is delivered for all those affected. The noble Baroness, Lady Randerson, asked if we would have a good look at the business practices in this area, and we have already committed to do so.
My colleague Andrew Stephenson has instigated a rigorous land and property review to assess the wider concerns that the amendment seeks to ameliorate. The letter provided by the noble Earl, Lord Lytton, will form part of the evidence for that review, and I am pleased to be able to say that this review will be published very shortly. Of course, Sir Mark Worthington OBE, the Independent Construction Commissioner, deals directly with the complains of individuals affected by the project.
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Going back to the amendment itself and its effect, I am not convinced that it addresses the concerns that may have led to it. The HS2 project already has a policy to attempt to reach early access agreements with owners and occupiers and, further, a policy to be a good neighbour and to treat all with respect. These policies already go beyond the requirements in law. Compulsory purchase legislation does not require the nominated undertaker to seek to reach agreement with the owner or occupier to enter land where powers are to be exercised, but the Government have put these additional policies in place. It is the sincere hope of the Government that the land and property review and the role of Sir Mark combined deliver meaningful change on HS2 that puts affected people and businesses at the forefront of what we do.
As I have already intimated, I recognise that not everything has been perfect for every individual affected by this project—perhaps we will never achieve perfection. Building a railway requires the acquisition and possession of private land and, as I have already mentioned, much of the time this is on compulsory purchase terms. As I said before, for some landowners this is not a problem, but for some affected landowners this railway is an unwelcome intrusion into their lives, and we understand that. It is one of the reasons the Government put those additional policies in place in the first place, and there are safeguards where these are not adhered to.
My colleague Andrew Stephenson is there to help us make sure that people are being treated with the respect and dignity that we would wish and that they deserve. These concerns are not just about money or inconvenience; this is about making sure that people are treated properly. I do not agree that the amendment achieves the outcome of respect, dignity and fair treatment,
but adherence to the policies that are already in place and the work that my colleague Andrew Stephenson is doing will. I hope that the noble Earl, Lord Lytton, will join me and Minister Stephenson—and any other noble Lords with an interest in land and property—to discuss these matters further, and that, on that basis, he will feel able to withdraw his amendment.