High Speed Rail (West Midlands–Crewe) Bill — House of Lords, 2020-11-30
Topic: Public Lands
Charlotte Vere (Conservative, Centre-right): My Lords, in no other setting is it more important that HS2 works be undertaken with dignity, care and respect than when they impact human remains and monuments to the deceased. The works authorised by this Bill do not directly impact any known burial grounds or monuments. However, given that the construction of the scheme requires ground excavation, there is potential for human remains and associated monuments to be discovered. Such discoveries are most likely to be made as a result of archaeological investigation works. In such an event, Clause 23 and Schedule 20 provide for an appropriate process for carrying out the works required Amendment 2, moved by my noble friend Lord Randall, would remove the process in Clause 22 and Schedule 20 for burials that have been made less than one year before work commences. I state again that the phase 2a scheme, which we are considering today, does not impact any known burial grounds. It is highly unlikely that these works will impact any burial made under one year prior to their commencement. In any event, I believe that Clause 22, which applies to all burials, including those less than one year old, is appropriate. Therefore, I do not believe that my noble friend’s amendment is necessary The process set out in the Bill is founded on existing UK burial legislation, and ecclesiastical law and practice. The procedure in place to ensure compliance was discussed and agreed with the Archbishops’ Council of the Church of England and Historic England. I must therefore resist my noble friend’s amendment Amendment 3, also in my noble friend’s name, would expand the scope of monuments and memorials to include trees. This would give such a memorial wood, or individual trees planted in memory of an individual, the same standing in legislation as, for instance, gravestones and war memorials It would be very difficult for any legislation to recognise such cases. In the UK there is no official record-keeping for memorial trees, and the Bill contains no controls for the designation of any trees as memorial trees. Furthermore, as there is no definition of a memorial tree, such a provision could, as I think my noble friend noted, be abused by individuals to hinder and delay construction works. Clearly, this would not be desirable. But we absolutely do agree that HS2 Ltd and its contractors must fully engage with those who may be impacted, sensitively and with due care. I know that my colleague, Minister Andrew Stephenson, will ensure that it is fully held to account in that regard As for the memorial woodland mentioned by my noble friend Lord Randall, I am aware of the case. As he knows, because we have corresponded about it, HS2 Ltd is supporting the hospice and the affected families, and will have discussions with the hospice and the landowner about creating a suitable memorial in this location once the works have concluded. Of course there will be lessons to be learned from this case, and from certain other cases. There are always lessons to be learned, and ways in which things could have been handled better. Minister Andrew Stephenson will ensure that those are carried across the phases of HS2. I sympathise with the intention to amend the Bill, but in terms of legislative proposals to address such issues, these proposals would not do the trick Finally, on Amendments 14 and 15, the Government are clear that due notice should be provided for any HS2 works impacting human remains or monuments to the deceased. There is a notice procedure already provided in the Bill for such works. It includes an eight-week period for next of kin to apply to remove human remains or monuments at the expense of HS2 Ltd. Prior to this notification procedure occurring, the programme of land acquisition will already have commenced. This requires notification to the owners of the land and all those with an interest in it. It would be highly unlikely that anybody with a private burial or associated monument on their land would not know what was to occur; they would know about the work well in advance I am sure my noble friend agrees that including a requirement to notify the next of kin "if possible" would not be workable. It would be incredibly difficult to determine what is or is not possible in notifying the next of kin. However, HS2 should be, and is, proactive in attempting to contact known next of kin, and places notices in local newspapers and at the site of burial. I understand the aims of my noble friend and reassure him that, where this process is in force for known burial grounds on phase 1 of HS2, it is working well Similarly, requiring notification to be given six months in advance of the works would also not be practical. Where burial grounds are identified, early notice is practical and possible. However, there are no burial grounds on phase 2a, and requiring works to cease for a mandatory six months would risk unnecessary delays in the construction programme and bringing into operation of phase 2a I must resist these amendments. I am aware of a couple of points of detail that my noble friend raised, so I will write to him. In resisting, I recognise the importance of this issue, the interest that has been shown across your Lordships’ House in what happens to both human remains and monuments, and the importance of memorial trees and other places special to friends and family. We will make sure that HS2 does whatever it can to make sure they are treated sensitively and with respect. I therefore ask my noble friend to withdraw his amendment.