PUBLIC SECTOR FINANCIAL COST AND PUBLIC SECTOR MANPOWER IMPLICATIONS

360.     The Government has made it clear that the funding package for Crossrail will include an element of Government funding, but it is not possible to quantify now the precise level of support likely to be required. Crossrail is a scheme of importance to London, and its contribution to the national economy will be reflected in Government support. But the Government has also made it clear that the Exchequer cannot be the only funder. The principal beneficiary of Crossrail will be London and the funding package will also need to include a substantial London contribution, including from the London business community. The Government will be consulting the relevant parties on Alternative Funding Mechanisms (AFMs) later in the year and will bring forward proposals during the passage of the Bill. Powers for AFMs would be sought in finance legislation, and so the Crossrail Bill itself has no need to make provision for the funding of the project.

SUMMARY OF THE REGULATORY IMPACT ASSESSMENT

361.     The section above (public sector financial cost and public sector manpower implications) details the effects of the Bill on the public sector.

362.     The Regulatory Impact Assessment demonstrates that the costs to business and the regulatory impact of the Bill will be low. Where impacts are expected to occur, they will be mitigated by appropriate measures and compensation.

363.     The full RIA can be obtained from Danny Jowers, Zone 2/08, Department for Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR, or from daniel.jowers@dft.gsi.gov.uk.

EUROPEAN CONVENTION ON HUMAN RIGHTS

364.     The Secretary of State has made a statement that in his view the Crossrail Bill is compatible with the Convention Rights. The following rights are considered to be particularly engaged in relation to the Bill, although careful consideration has been given to all aspects of human rights in relation to these proposals.

365.     As a Hybrid Bill, the Bill necessarily involves interference with the property rights and, potentially, the home and other rights of individuals. The potential for such effects particularly engages 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 used for religious purposes are affected, article 9 (the right to freedom of thought, conscience and religion). Mitigation of the impact of such interference is provided by the compensation arrangements provided both under the Bill and also by a range of policies that the Secretary of State is adopting in relation to the scheme, including policies relating to hardship, land acquisition, business relocation and to noise and vibration impacts of the scheme. Taking into account the public and other benefits that will arise from the Crossrail development and the mitigation provided by the arrangements that have been provided, the Secretary of State is of the view that a fair balance has been struck and that any remaining impact on property and other rights is proportionate and can be and, in all the circumstances, is justified in this case.

366.     The Bill contains provisions that provide for the determination of disputes by arbitration and, in some cases, permitting the Secretary of State to give directions in relation to matters under consideration. 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 (or the Greater London Authority or Transport for London, should control of the project be devolved) the Secretary of State is of the view that the Bill is compliant with the requirements of Article 6 (the right to a fair trial).

TERRITORIAL EXTENT

367.     The Bill, like the 1996 Act (and other Hybrid Bills), does not expressly limit the Bill's territorial extent. The land and works provisions are by nature local. The provisions under the heading "Railway matters", on the other hand, relate to matters which are the subject of a common regime under the law of England and Wales and Scotland and will extend accordingly.

COMMENCEMENT

368.     The provisions of the Bill will come into force on Royal Assent.

Department for Transport

May 2005