Today’s judgments won't derail HS2 - but serious questions remain

High court rules on compensation over HS2.

The Department for Transport will, once again, be in the spotlight today as the High Court gets set to rule on whether the government followed proper procedures before approving its HS2 rail project. Given the recent lamentable procedural failures over rail franchising, tension within the Department will likely be running high.

From the government’s point of view the best outcome is obviously a green light from the court. Not only will this save blushes at the Department, it will allow the coalition to push, full steam ahead – if that is the correct idiom for a project that will not bear fruit until 2033 – with what has become one of its flagship projects.

However, even if the judicial review does come down in favour of the protest groups it is unlikely that HS2 will be halted completely: in rail terms it will receive an amber light rather than a red one.

The protestors no doubt hope that any legal setback to the project will open the way for further challenges which will pull HS2 into a quagmire of reviews and disputes which could carry on until the government finally loses interest or, at least, until the next election is called.

This hope is probably in vain. Given the number of recent setbacks and U-turns the government will be in no mood, or position, to compromise over a scheme it has so solidly thrown its weight behind. Just like the weary commuter, waiting for the train back home after a long day at work, the government will likely accept the delay with resigned determination. This is doubtless helped by the fact that there is widespread support across the political spectrum for HS2. For many on the left it is one of those big infrastructure projects which not only creates jobs and opportunities but also helps to narrow geographical disparities between London and part of the country.

What the outcome of the judicial review will not do is resolve, conclusively, whether HS2 is a sensible idea. Here, so many questions remain unanswered.

There is the argument that the benefits of the spending should be spread more widely. For example, despite commitments on electrification, parts of the rail network in the South West remain chronically deprived of investment. Certainly, dividing the pot of HS2 money up more equally between the regions would produce a less dramatic, less visible end result. However, smaller incremental rail improvements across the country may yield a much greater economic benefit than one big, budget-busting project.

In many ways this is an argument about the need for speed. HS2 will certainly reduce journey times between London and the midlands and parts of the north, however, given the lofty sums of money involved the improvements are marginal at best. Moreover, given the fact that many people use their time on the train fairly productively – whether working or relaxing – there is a real question mark over whether a faster journey accrues genuine economic benefits. The debate is further complicated by the point that without improving regional transport connections – those roads and public transport services which feed into the stations HS2 serves – a reduction of time spent on the train probably becomes pretty pointless.

The one thing HS2 will certainly do is help improve capacity; something much needed on a rail network that is now bursting at the seams. However, HS2 is an expensive solution to this issue and there are simpler ways of increasing capacity. Adjusting the existing infrastructure to accommodate double-decker and longer trains, for example, would cost a fraction of HS2.

The answer to all of these points – and many more – will simply not come from the outcome of today’s review. Nor have they come from government, which has presented a less than compelling case for its policy. Only time and hindsight, it seems, will help us form a view of whether HS2 is a sound scheme. For now, the jury is still out.

The Department for Transport will, once again, be in the spotlight. Photograph: Getty Images

 Managing Director of Conlumino

Photo: Getty
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David Cameron's prisons speech could be the start of something good

If the Prime Minister puts his words into action, then this speech could mark the beginning of a big shift on prisons policy. 

David Cameron’s speech condemning prisons as violent and failing could herald a seismic change in policy. He is absolutely right to point to the waste of money, effort and lives that characterises today’s prison system. He is also right about the direction of travel that needs to be taken and some of his ideas are at the very least worthy of discussion. The most important reform was missing, as none of his aspirations can happen unless the sheer number of men, women and children in prison is cut, and cut radically. Sentencing reform is the lynchpin.

The detailed proposals will be scrutinised as they are rolled out over the coming months, but the urgent over-riding challenge is to cut the prison population. Last week the number of men in prison increased by 185, and in the last four weeks the prison population has gone up by 684 men and women. Prison overcrowding is not standing still, it is rapidly deteriorating.

Chris Grayling closed 18 prisons and wings, reallocating the population into the shrunk estate. He cut prison staff by more than a third in each prison. The result was overcrowded, understaffed, violent prisons full of drugs and very disaffected staff trying to control frustrated prisoners on restricted regimes.

I was expecting some thinking on who we send to prison and what we do with them when they are incarcerated to create the conditions for radical reform. I was disappointed as the proposals were oddly reminiscent of things that Labour tried and contributed to this mess in the first place.

Labour was very proud of building lots of new prisons, hoping that they would build their way out of an overcrowding crisis. What happened of course was that new prisons were filled even before they were completed so the old prisons couldn’t be closed. Today we hear that £1.3 billion will be spent on building ‘reform prisons’ that will pilot new ways of working. My worry is that they will become warehouses unless the sheer number of prisons is restricted and resources are allocated to allow for just the sort of flexibility being proposed.

Giving governors more autonomy sounds good, and I support it in principle, but they always used to have their own budgets with discretion to choose how to spend it, including commissioning education and other services. It is no good having increased autonomy if they are constantly firefighting an overcrowding crisis and not given the resources, including well trained prison staff, to implement new ideas.

We already have league tables for prisons. Every few months assessments of how prisons are performing are published, along with regular inspections and independent boards monitor conditions. Reoffending rates are published but this information is less robust as prisoners tend to move round the system so how can one establishment be accountable.

I was pleased to hear that work inside prisons is going to be a key reform. But, the Prime Minister referred to a small project in one prison. Projects with desultory training in the few hours that men get to spend out of their cells will not instil a work ethic or achieve work readiness. Prisoners get a pack of cereals and a teabag at night so they don’t have breakfast, are not showered or clean, are wearing sweaty and shabby clothes.

Every day men and women are released from prison to go to work in the community as part of their programme of reintegration. This is extremely successful with incredibly few failures. So what is the point of adding extra expense to the public by tagging these people, unless the purpose is just to feed the coffers of the private security companies.

There are imaginative ways of using technology but what was being suggested today looks as though it is just adding restrictions by tracking people. That would be neither creative nor effective.

David Cameron is looking to his legacy. I fear that I could be listening to a Prime Minister in five or ten years bewailing the dreadful prison conditions in institutions that are no different to today’s overcrowded dirty prisons, except that they were built more recently. He will have achieved a massive investment of capital into expanding the penal estate but, whilst there will be more prisons, even the new jails could be overcrowded, stinking and places of inactivity and violence.

I want the Prime Minister to look back on today’s speech with pride because it achieved humanity in a system that is currently failing. I would like to see a prison system in decades to come that is purposeful, with men and women busy all day, getting exercise for the mind, body and soul. I would like to see prisons that only hold people who really need to be there because they have committed serious and violent crimes but whose lives will be turned around, who achieve redemption in their own eyes and that of victims and the public.

My job is to hold him to account for this vision. If what he announced today achieves radical reform and changes lives for the better, I will cheer. I will be watching.

Frances Crook is the Chief Executive of the Howard League for Penal Reform.