Compatibility with the European Convention on Human Rights
- Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement, before second reading, about the compatibility of the provisions of the Bill with the Convention rights (as defined by section 1 of the Act). The Secretary of State for Transport has made the following statement: "In my view the provisions of the High Speed Rail (London - West Midlands) Bill are compatible with the Convention Rights."
- The High Speed Rail (London - West Midlands) Act 2017 provides powers for the Secretary of State to purchase property compulsorily, and for a nominated undertaker to construct and operate a new high speed railway, between London and the West Midlands (the first phase of an intended national high speed network called "HS2").
- As a Hybrid Act, the Act necessarily involves interference with property rights and homes. The potential for such effects engages, in particular, Article 1 of Protocol 1 (the right to peaceful enjoyment of possessions), Article 8 (the right to respect for private and family life) and, to the extent that any places of assembly or places used for religious purposes are affected, Article 9 (the right to freedom of thought, conscience and religion). In particular the Act contains provisions for compulsory acquisition of land for building the new railway, and rights of entry to carry out surveys and works on people’s land. Furthermore, the railway would, by causing noise, vibration, light pollution and visual intrusion, unavoidably reduce the enjoyment which owners of neighbouring land have over their property.
- Mitigation of the impact of such interference is provided by the compensation provisions relating to compulsory acquisition and injurious affection to properties under existing legislation which are applied to Phase One of High Speed 2 by the Act and by additional compensation provisions in the Act and also by a range of policies that the Secretary of State will be adopting in relation to the scheme - including policies relating to hardship, land acquisition, business relocation and to mitigate construction impacts of the scheme. Taking into account the public and other benefits that will arise from Phase One of High Speed 2 development, and mitigation by the arrangements that have been provided, the Secretary of State is of the view that the Act strikes a fair balance between the private interests of owners of property on or near the route, and the wider public interest in generating additional capacity on, and improved connectivity though, the national rail network. Furthermore he considers that any remaining interference with property and other rights is proportionate and can be, and in all the circumstances is, justified.
- The Act contains provisions that provide for the determination of disputes by arbitration. In the light of the applicability of standard procedures for arbitration and the availability of judicial review in relation to any decisions of the Secretary of State, the Secretary of State is of the view that the Act is compliant with the requirements of Article 6 (the right to a fair trial).
