Infrastructure Bill [Lords] — House of Commons, 2015-01-26
Topic: Transportation
John Henry Hayes (Conservative, Centre-right): Originality and imagination are part of my style. I said style is as important as substance. The substance is in the Bill; the style is all my own. The important thing is that, having met staff representatives on 13 January, I am fully aware that there are other aspects they want me to look at. I fully recognise the concerns they raised. Some of those issues need to be considered further, and I have asked my officials to pursue those matters urgently. In the spirit that I have described, I will not allow staff to be disadvantaged by any changes. The House has my absolute assurance on that. Government amendments 115 and 116 reaffirm our commitment that existing Highways Agency staff terms and conditions should be protected, as I have described New clause 18 places a responsibility on the Government to report periodically to Parliament on the performance of Highways England. I have introduced this to reassure some who fear that Ministers will lose control of Highways England, and that they will have no accountability to Parliament if Highways England fails to deliver. It is absolutely right that the new body can get on and deliver the strategy that the Government devise, establish and agree, but let me be clear that should the implementation and delivery of the strategy require further involvement, direction or adjustment by Ministers, in concert with the House, the ability to make those changes must be established in the Bill. I am absolutely clear that Highways England must report to the House, and that Members on both sides of the House must have the chance to scrutinise its work. Ministers must have a role, indeed play a key role, in the delivery of the strategy It might be true to say that the greatest challenge we face is getting the delivery right. We have surmounted an important hurdle in developing a strategy founded on empiricism and backed with funding for the long term—more than £15 billion up to 2021—but it will happen only if we have in place the right resources, skills and partnerships, and the right range of other organisations, to make it happen. It would be inappropriate if Ministers and all hon. Members were not involved in that process. I expect directions to emanate from the Department for Transport periodically—it is not meant to be an exceptional power. I expect reports to be made to the House periodically. That, too, should not be a matter of exception. That was raised at length by the shadow Minister. The strong governance arrangements and framework we have put in place provide some of the measures he sought when he argued the case for greater accountability The use of directions in the licence will allow the Government to exert control over how the company exercises its statutory functions. In addition, as sole shareholder the Secretary of State can ensure that the company is properly led and governed. More detail is in the summary document published in December, but I will write again on some of those matters following today’s consideration Opposition Front Benchers and all Members of the House will be familiar with the new copy of the licence, which strengthens those provisions, and which was provided to hon. Members on 22 January and placed in the Library of the House. Let me say again that if there are problems with performance, I expect Ministers to make use of those directions; I expect Parliament to see the Highways monitor’s report on the impact; and I expect Ministers to ensure that Parliament is informed of how issues have been resolved It is obvious from the amendments that were tabled that I need to explain why we need to change the status of the Highways Agency and create an arm’s length body, and I am happy to repeat an argument I made earlier. Let me start with the point of view that some suggest—they suggest that we should do nothing more than implement a road investment strategy without changing the structure necessary to deliver it. Of course, the Highways Agency would make every effort to do so efficiently, and of course we would have some success in delivering that strategy, but we need to understand that if we are to deliver the strategy, we need to make significant changes to the existing arrangements The relationship between the agency and the Government has on occasions failed to reflect the wider interests of the economy and the long-term interests of taxpayers and road users. The measure is about providing a clearer, more strategic role for the Government, and providing a stronger, more certain framework, through the licence and the road investment strategy and the framework document, for the organisation mission to deliver those important infrastructural changes to our nation. By the way, those changes are not just about economic well-being; they are also about societal and communal well-being. The industry is keen to see change both in the way funding is committed and in the way the Highways Agency is constructed. In the call for evidence for the Bill, the Civil Engineering Contractors Association said: "Even with an apparently committed five year programme, not transforming the Highways Agency into an arms-length body could still leave it a target, should future Governments decide cuts to spending…The supply chain…has confidence that the creation of a Government-owned company would significantly reduce the likelihood of this happening." The CBI said that business welcomes the Government’s important decision to reform the Highways Agency to a more independent body, giving it greater funding certainty through fixed five to six-year funding cycles The road investment strategy provides a logical and credible commitment between two separate parties—the focus of the company is on delivering its operational objectives, and the focus of the Government is on providing a long-term funding stream. I know that some fear we will lose control of the reins of the company. That is why I have gone as far as I have in the framework document, the licence and the Bill. We will also of course have the monitor—the new body that will oversee the operation of the new arrangements. That is all in line with the conclusions of the Public Administration Committee’s recent report on the relationship between Government and arm’s length bodies, which said: "Relationships should be high trust and low cost, but too often are low trust and high cost." On that basis, I resist amendments 5 to 42 which would remove the relevant clauses or reinsert the words "Highways Agency".