The Hybrid Bill
Overview of presentation
• 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
2
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 Bill
Public 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
Private Bills



4
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
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
5
When are hybrid Bills used?
• 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
6
Bill documents
•
•
•
•
•
•
•
The Bill itself
Schedules to the Bill
Plans and sections
Estimate of Expense
Book/s of Reference
Housing Statement
Supporting documentation:


7
Environmental Statement (incl. Code of Construction Practice)
Additional documents (e.g. consultation report)
Hybrid Bill process
Bill Deposit
‐
Plus all supporting documentation
First Reading
‐
‐
‐
Authorises printing of Bill
Procedural step
No debate at this point
ES Consultation
Second Reading
Petitioning Period
Select Committee
Public Bill Committee
Third Reading
8
‐
Public consultation on the Environmental Statement
‐
‐
‐
‐
Principles of Bill established
Debate on the floor of the House
Defines length of petitioning period
Premise of the Bill assured
‐
Length of time defined at second reading
‐
Petitions heard in front of Committee
Members completely unconnected to project and rail industry
‐
‐
Further consideration and possible amendments made by MPs
‐
‐
House considers Bill
May amend or reverse Public Bill changes ‐
The Bill now normally follows a similar process through the House of Lords as it has through the Commons
‐
Any amendments to the Bill made by the House of Lords are now debated and approved by the House of Commons, prior to…
‐
‘La Reine le veult’ – ‘The Queen Wills it’ in Norman French
House of Lords
House of Commons
Royal Assent
Environmental Statement
• 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
9
Who can petition and how?
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/
10
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
• 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
13
Order of proceedings
•
•
•
•
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
14
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)
Questions?
16