My Lords, in response to the noble Lord’s question, it will continue to be the construction commissioner. In fact, if I could continue my response to noble Lords it would perhaps be helpful.
There are a considerable amount of checks and balances already established by the Bill and the environmental statement, which protect the natural environment and communities from the impact of construction works. The Bill sets out the detailed controls and planning approvals needed for construction works, such as the limits on land that can be taken for the railway and where and how works can be constructed. There is also a strict envelope of environmental impacts within which HS2 has to be built or it does not have planning permission. Furthermore, there are requirements for the Government to gain approval from local authorities under the planning regime on specific issues, including the approval of construction traffic routes.
Additional commitments have been made during the parliamentary process: literally thousands of individual undertakings and assurances that are a matter of public record. These commitments are either legally enforceable through the courts or matters for which the Secretary of State will be answerable to Parliament if there is any breach of them. These commitments also include those relating to the environmental minimum requirements, which have been developed in consultation with local authorities and others. The code of construction practice, which forms part of these commitments, sets out detailed standards of work that will be adopted by contractors throughout the construction period to control potential impacts on people, businesses and the natural and historic environment. This code also sets out the mechanisms that will be used to engage with the local community and their representatives throughout the construction period.
Let us not forget all the existing legislation that will continue to apply during the construction of HS2. This includes the Control of Pollution Act 1974 and the Environmental Protection Act 1990, which give necessary roles to statutory bodies that will all play a role in regulating HS2. The Freedom of Information Act and all its requirements will, of course, continue to apply to the Department for Transport and to HS2 Ltd. These existing protections will be reinforced by the dual roles of the residents commissioner and the construction commissioner. The residents commissioner ensures that the Government are communicating with affected residents in the clearest and plainest language possible. The role of the construction commissioner is to mediate unresolved disputes between HS2 Ltd and individuals or bodies and to provide independent, impartial decisions.
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My noble friend Lady Pidding raised the question of how the nominated undertaker will be required to deliver the environmental mitigations promised, referring to a “get out of jail free card”. The planning permission given by the Bill is dependent on the project staying within the envelope of environmental impacts set out in the Environmental Statement and the Environmental Minimum Requirements. They are also bound by the Code of Construction Practice. All of those will be monitored by local authorities and many operations are subject to further licensing and permitting requirements from relevant bodies.
The approach I have just outlined is one that has worked well during the construction of HS1 and Crossrail, and I believe that it will work well for this project too. We understand that in issues and enormous projects like this, there will always be a question of trust. This is very important and the Government take it on board, as has been referenced by several noble Lords. But we should be legislating only where it is considered absolutely necessary. In finishing, I note the deep concerns raised by several noble Lords.