the hybrid bill - high speed 2assets.hs2.org.uk/sites/default/files/inserts/final hybrid bill... ·...
TRANSCRIPT
Overview of presentation
2
• Why a hybrid Bill?• What is a hybrid Bill?• Passage of the Bill through
Parliament (process)• Powers given to the Nominated
Undertaker through the Act• Q&A
Why a hybrid Bill?
• We need to obtain powers to build the railway in order to: Buy/lease land Obtain (deemed) planning permission Stop up roads and waterways (temporarily or
permanently) Modify statutory undertakers’ equipment (divert a
water main or a sewer for example) Carry out protective works
3
Common types of BillPublic Bills Generally introduced by
Government and debated in Parliament
Create or amend public legislation – that is legislation that applies to us all
Individuals can make representations to MPs, committees but have no right to be heard
4
Private Bills
Usually promoted by organisations such as local authorities or companies
Affects only certain individuals Individuals affected have the right to petition and be
heard
Hybrid Bill
5
Has characteristics of public and private Bills: Public: legislation that affects us all Private: affects specific individuals/organisations in a
particular way
Promotion of a hybrid Bill combines elements of public and private Bills: The principle of the proposal is debated in Parliament Details are scrutinised by a Select Committee Individuals affected by the proposal have a right to
petition and be heard by the Committee
When are hybrid Bills used?
6
• Used by Government to authorise schemes of national significance
• Examples include: Channel Tunnel 1987 Dartford‐Thurrock Crossing 1988 Severn Bridges 1992 Channel Tunnel Rail Link 1996 Crossrail 2008
Bill documents
7
• The Bill itself• Schedules to the Bill• Plans and sections• Estimate of Expense• Book/s of Reference• Housing Statement• Supporting documentation: Environmental Statement (incl. Code of Construction
Practice) Additional documents (e.g. consultation report)
8
Hybrid Bill processBill Deposit ‐ Plus all supporting documentation
First Reading‐ Authorises printing of Bill‐ Procedural step‐ No debate at this point
ES Consultation
Second Reading‐ Principles of Bill established‐ Debate on the floor of the House‐ Defines length of petitioning period‐ Premise of the Bill assured
Petitioning Period
‐ Public consultation on the Environmental Statement
‐ Length of time defined at second reading
Select Committee
Public Bill Committee
‐ Petitions heard in front of Committee
‐ Members completely unconnected to project and rail industry
‐ Further consideration and possible amendments made by MPs
Third Reading‐ House considers Bill‐ May amend or reverse Public Bill
changes
House of Lords‐ The Bill now normally follows a
similar process through the House of Lords as it has through the Commons
House of Commons‐ Any amendments to the Bill made
by the House of Lords are now debated and approved by the House of Commons, prior to…
Royal Assent ‐ ‘La Reine le veult’ – ‘The Queen Wills it’ in Norman French
Environmental Statement
9
• Public consultation on draft ES; 16 May‐11 July Knowledge gained used in
formal ES
• Greater level of detail
• Submitted to Parliament as part of Bill documents
• Public consultation Part of hybrid Bill process
Responsibility of Parliament to decide on the format/duration of consultation
Who can petition and how?
10
Please note that the following process has been defined by Parliament, not by HS2 Ltd
• Anyone ‘directly and specially affected’ by the Bill • In writing, following prescribed format, example available
online at http://www.parliament.uk/documents/upload/commonspetitioningkit.pdf (please see page 4)
• …taken in person (by Petitioner or Agent acting on their behalf) to the Private Bill Office
• Payment of a fee (£20)• A petition will not be considered by the Committee unless
they or their agent appears (i.e. turns up to allotted session)
• More information is available at the following link: http://www.parliament.uk/get‐involved/have‐your‐say/petitioning/privatebillpetition/
Committee powers
11
• Similar but different to departmental Select Committees• Quasi‐judicial (operates more like a court)• Given an instruction ‐ remit• Decides locus standi• Hears petitions against the Bill• Scrutinises proposals and reports to House• Can amend but cannot reject the Bill (premise assured at
second reading)
Committee members
12
• No route MPs or MPs linked to the construction or railway industries
• Membership drawn from proportional make‐up of the House (i.e. Coalition Government majority)
• Time pressures (divisions)• Quorum
Rights of parties
13
• Promoter and petitioner have a right to appear before Committee to make their cases
• Petitioners can be heard either in person or by their agent/counsel
Order of proceedings
14
• Petitioner sets out how they are affected by the Bill• Usual to allow petitioner the first and last word• Petitioner can call witnesses• Witnesses can be cross‐examined by promoter, then
re‐examined by petitioner• Once petitioner’s case is made, Counsel for promoter
can call witnesses and witnesses can be cross‐examined by petitioner etc.
• Petitioner has right of reply
Potential changes
15
• Petition Parliament• Select Committee has powers to suggest changes to the
Bill• If Parliament agrees they can instruct promoter to change
the Bill• Additional powers can subsequently be sought by another
consents process through a planning application, the Transport and Works Act (TWA) or a Development Consent Order (DCO)