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The names of companies and public bodies who have signed non disclosure agreements (NDAs) with High Speed 2 Ltd (HS2 Ltd) can finally be revealed after an 18 month Freedom of Information (FoI) battle.
The heavily guarded list of 253 companies and public bodies was kept secret by HS2 Ltd until it was forced to disclose the names after the intervention of the Information Commissioner.
The list of companies to have signed NDAs - often referred to as "gagging orders" - includes dozens of councils, contractors, consultants and charities (see below for full list).
The NDAs, which were signed between September 2012 and March 2019, cover the early development of the project up to the detailed design stage and early construction works of the rail line from London to Birmingham and the North.
An additional 38 NDAs were also signed with individuals during this time, however those names remain undisclosed.
NCE understands that at least 50 additional orders have been signed between HS2 Ltd and third parties since March 2019.
Contractors and consultants on the list include Atkins, Balfour Beatty, Ove Arup, Deloitte, Mace, Morgan Sindall and Savills.
Dozens of councils along the entire route of the new rail line have also signed NDAs, as well as official regulators such as the Health & Safety Executive.
Firms such as The Post Office and charities including The National Trust, Historic England, the Big Lottery Fund have also agreed to the gagging orders, as have industry bodies bodies such as the Construction Industry Training Board and the Construction Products Association and Constructing Better Health.
Five universities to have signed NDAs include University College London, Cranfield University, Birmingham City University, the University of Birmingham and the University of Leeds.
HS2 Ltd even asked the National College for Advanced Transport (formerly known as the National College for High Speed Rail) to sign a secretive order.
NDAs are designed to preserve confidential information such as cost prices or commercially sensitive details of a project from being widely disseminated.
However NDAs are increasingly used to stop information from being published which would otherwise be open to public scrutiny.
It is understood that many councils were asked to sign the agreements before they could engage with HS2 Ltd on issues to do with the new line, such as where new stations could be placed, design aspects of the stations and the preferred route for the £100bn project.
In 2018 it was revealed that Warwickshire County Council, which is included on the list released by HS2 Ltd, was made to sign a non-disclosure agreement before it was allowed to receive any early design project updates on HS2 prior to the publication of the Hybrid Bill in Parliament.
The use of NDAs was criticised in a major review into England’s planning system undertaken last year.
Led by former construction minister Nick Raynsford, the review concluded that NDAs "undermine public trust" in major infrastructure projects.
In the review, Raynsford criticised the "widespread use of confidentiality agreements by the HS2 company", stating that they had a "corrosive sense on the part of the public, that planning is no longer protecting their interests".
Commenting on the gagging orders, former HS2 director of land and property Doug Thornton said: "The scale of the NDAs are phenomenal. What surprised me is quite how many firms there are on this list. I felt like a lone voice calling out issues [with HS2] but these gagging orders not only gag companies but also thousands of employees which are involved in the HS2 project.
"NDAs take the realm of local consultation out of the equation, the organisations who have capability and wherewithal to consult on these complex projects with those affected were stymied at an early point in the project. A lot of these projects have nothing to do with accountability and local democracy."
An HS2 Ltd FoI officer added: "Like any contract, these agreements are entered into by mutual consent and frequently HS2 Ltd enters into what we refer to as ‘mutual’ NDAs that protect not just HS2 Ltd’s confidential information but the confidential information of the third party/ies involved."
The list of firms signed up under non-disclosure agreements
ABB Limited
Affinity Water Limited
Airwave Solutions Limited
Andrew Paul Furniture Ltd
APM Group Limited
Appleby Park Hotel
AQL (LEEDS) LTD
Arden Cross Limited
Arla Foods Limited
Armac Demolition Limited
Arqiva Limited
Arriva Rail North Limited
Artscape Management Limited
Ashfield District Council
Aspen Infrastructure Limited
Atkins Limited
ATOC Limited
Automated Intelligence
B2B Partnering Performance ManagementLtd Balfour Beatty Rail Ltd
Barnsley Metropolitan Borough council Bell Ingram LLP
Berkswell Trust of Leys
Big Lottery Fund
Birmingham Airport Limited
Birmingham Big Art Foundation
Birmingham City Council
Birmingham City University
Birmingham Proof House
BMW Hams Hall Motoren GMBH
Bolsover District Council
Bolsover Land Limited
Breedon Southern Limited
British Geological Survey
British Pipeline Agency Limited(BPA)
Broxtowe Borough Council
BSI Group Plc
BT Group PLC
BTO Services Limited
Canal & River Trust
Carbon Trust Certification Limited
Castleton Consulting Limited
CEB Global Limited
CEMEX UK Operations Limited
Centara Ltd
Centurylink Communications UK Limited
CGG Services (UK) Limited
CHC Coaker
Cheshire Agricultural Society
Cheshire East Borough Council
Cheshire West & Chester Council
Chesterfield Borough Council
Chesterfield Canal Trust Limited
City of York Council
Cityfibre Holdings Limited
CLH Pipeline System Ltd
Coal Authority
Colt Technology Services
Compass Minerals UK Limited
Constructing Better Health
Construction Industry Training Board
Construction Products Association
Cornerstone Telecommunications Infrastructure Limited Council of the City of Wakefield
Cranfield University
Dalcour Maclaren Limited
DB Cargo UK Ltd
Deloitte MCS Limited
Derbyshire County Council
Doncaster Borough Council
E.S. Pipelines limited
Eaglebeam Limited
EDF Energy (Gas Storage Hole House) Limited
Edge Farming Company
EE Limited
Electricity Network Company Limited
Electricity North West Limited
Energetics Electricity Limited
Energetics Gas Limited
Enterprise AMS Group Limited
EOS Risk Group Limited
Equitix limited
Erewash Borough Council
Essar Oil (UK) Limited
Etool Global UK Ltd
Eunetworks Fiber UK Limited
Extra MSA Property LLP
FC Laser Limited
First Touch Telecommunications Limited
Floored Inc
Freightliner group Limited
Fulcrum Utility Services Limited
Gamma TelecomLtd
GE Energy Power Conversion UK Limited
Genesys Telecommunications Limited
Genting Solihull Limited
Greater Birmingham And Solihull Local Enterprise Partnership Groundwise Searches Limited
GTC Pipelines Ltd
Hallam Land Management Limited
Hampshire County Council
Hansteen Holdings Plc
Hansteen Saltley Nominee No.1 Limited
Hansteen Saltley Nominee No.2 Limited
Hansteen Saltley Trustee I Limited
Hansteen Saltley Trustee II Limited
Harlaxton Energy Networks Limited
Health and Safety Executive
Highways England Company Limited
Historic England
Hodgetts Industrial Developments (Tamworth) Ltd HS1 Limited
HW Taroni (Metals) Limited
Hydro Extrusion UK Ltd
Infrastructure and Projects Authority
Inovyn Enterprises Limited
Instalcom Limited
International Automotive Components Group Limited Interoute Communications Limited
Intervet UK Production Limited T/A MSD Animal Health Iotic Labs Ltd
J.C.B. Research
Jacobs UK Limited
Jaguar Land Rover Limited
Jasmine Trustees Limited
JSM Construction Ltd
Julian LinField Consulting Ltd
Juniper Pharma Services Limited
Keepmoat Homes Limited
Latitude Geographics Group Ltd
Leeds City Council
Leicestershire County Council
Lend Lease Construction (EMEA) Ltd
Lichfield District Council
Lion Television Limited
London Borough of Hammersmith and Fulham
Lowgates Motors Ltd
LS Transmission Consultancy Limited
Lutea Trustees limited
Mace Ltd
Mainline Pipeline Limited
Manchester Airport Group
Manchester City Council
Manchester Ship Canal
McLaren Applied Technologies Limited
Microsoft
Midland Expressway Limited
Millennium Point Property Limited
Moran Logistics Limited
Morgan Sindall Underground Professional Services Ltd
Mott MacDonalds Limited
Msecure Ltd
MWH UK Ltd
National College for High Speed Rail
Nationals Skills Academy (NSAR)
NCC Operations Limited
Network Rail (High Speed Two) Limited
Network Rail Infrastructure Limited
Newcastle-under-lyme, Staffordshire, ST2 AG
North Cheshire Developments Limited
North East Derbyshire District Council
North West Leicestershire District Council
North Yorkshire County Council
Northern Gas Networks Limited
Northern Powergrid (Yorkshire) PLC
Nottingham City Council
Nottinghamshire County Council
Old Oak and Park Royal Development
Ove Arup & Partners
Oxenmoor
PA Consulting Services Limited
Packington Estate
Penspen Group Limited
Meadowbrooks 2
Plastic Omnium Automotive Limited
Post Office Limited
Premetech Limited
Priory Education Services Limited
Progress Rail Services UK Limited
PSG Services Limited
Rhodia Limited
Roadworks Information Limited
Robovoid Pty Limited
Rostons Limited
Rotherham Metropolitan Borough Council
Rothwell FC Limited
Royal London Asset Management signed by RLURKEF Nominee (UK) One Limited
Royal Mail Group Limited
Rugeley Power Limited
Rushcliffe Borough Council
Sabic UK Petrochemicals Limited
Safe Software Inc.
Savills
Severn Trent Water Limited
Shropshire Council
Siemens Public Limited Company
Silverstone Circuits Limited
Simon Fry Ltd
SKY UK Limited
Solihull Metropolitan Borough Council
Sourcecode UK Limited
South Staffordshire Water Plc
South Yorkshire Passenger Transport Executive (SYPTE) SP Manweb PLC
SSE Telecommunications Limited
Stafford Borough Council
Staffordshire County Council
Steer Davies and Gleave Limited
Stoke-on-Trent City Council
Tamworth Borough Council
TATA Chemicals Europe Limited
Tatton Estate Management Limited
Taylor Business Park Limited
Taylor Wimpey UK Limited
Tecquipment Limited
Telent Technology Services
TFL
Thames Water Utilities Limited
The Aire Valley Land LLP
The Barnsley, Doncaster, Rotherham, Sheffield Combined Authority
The Greater London Authority of City Hall
The Island Project
The Measham Land Company Ltd
The National Exhibition Centre Limited ("NEC")
The National Trust for Places of Historic Interest or Natural Beauty
The University of Birmingham
TNT UK Limited
Trafford Borough Council
Transport for Greater Manchester
Transport for London (TfL)
Trimble UK Ltd
Trustees of the Chatsworth Settlement
UCL Business Plc
UK-Central (Solihull) trading as UGC
Uniper UK Limited
United Utilities Water Limited
University College London (UCL)
University of Leeds
Useful Simple Projects Ltd
Vastint UK Services Limited
Verizon UK Limited
Virgin Media
Vodafone Limited
Volvo Group UK Limited
Vossloh Fastening Systems GmbH
Warrington Borough Council
Warwickshire County Council
Webro Cable and connectors Limited
West Midlands Combined Authority
West Midlands Integrated Transport Authority
West Riding County Football Association Limited
Western Power Distribution (East Midlands) Plc
Western Power Distribution (West Midlands) Plc Whole Life Consultants Limited
Wigan Council
Wildlife Trust for Birmingham and the Black Country Limited Willis Limited
Windfall Films Limited
Windmill Nurseries
Windhoff Bahn- Und Anlagentechnik GMBH
Withington Golf Club Limited
WSP UK Limited
WYG ENVIRONMENT PLANNING TRANSPORT LIMITED Yorkcourt (2008) Limited
Yorkshire Water Services Limited
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I accept the argument for (sometimes) keeping price sensitive information secret but this all-embracing approach by HS2 stinks to high heaven. For example, what sensitive information are charities privy to which merits a gagging order? There is some very dodgy business going on with HS2 (as if we didn’t know that already) and this completely fails “the pub test”. What have HS2 got to hide, apart of course from devious and deceptive behaviour over cost estimates? I shall certainly not be donating to any of these charities ever again.
I’m no expert, but unlike the article’s author, I don’t necessarily equate a “non-disclosure agreement” with a “gagging order”. The latter term is highly emotive and implies something much more draconian.
Maybe someone could enlighten me.
More tabloid journalism from the NCE.
That is very facile. The article is not prurient and tells the truth about something that is very much in the public interest. Your comment suggests you don’t like the news or at best you want to shoot the messenger rather than read the message properly.
At the end of the day, if this thing comes in way over budget and time, will anyone be able to afford a ticket or to put freight on it?
IF it wa sa private sector development, i think i understand why NDAs are used, but for public projects, using public money, i am not sure NDAs give the perception of an open discourse on project development in the early phases. Unless of course that openness affects property values or some private /individual loss that may or may not happen until things are finalised. After the process then there should be full openness and transparency else the lack of it will breed discontent.
That is what NCE should next focus on.
I kind of agree that it should not be kept a secret who signs an NDAs nor the objective / scope of the NDA. That i find obnoxious. Stakeholders to a public project should be clearly known and for why.