Examination of Witnesses (Questions 3780
- 3799)
3780. CHAIRMAN: You have heard what has
been said this morning and I think that will be a trigger for
you to go back and discuss it further with the panel. Thank you
very much; this has been very helpful to us.
3781. We will go on with the Spitalfields Small
Business Association.
The Petition of Spitalfields Small Business Association.
MR MATTHEW
HORTON QC appeared as Agent.
3782. MR HORTON: Good morning my Lords
and my Lady. I appear on behalf of the Spitalfields Small Business
Association. I have, I hope, what will be a short submission to
make on what is an issue of law as the Association sees it. It
was presented in the other place without much success, and I am
asked to revisit it here. But it is a point which I am asked to
emphasise to the Committee that if it is correct would result
in the Act in due course being unlawful; and I am sure the Committee
would not wish, unless very sure of its ground, to allow that
situation to come to pass.
The Petition of Spitalfields Small Business
Association
3783. CHAIRMAN: I do not think there
is any remedy for people who say that an Act is unlawful. If Parliament
has passed it, it is passed. Anyway, you go ahead with your submission.
3784. MR HORTON: Subject, of course,
to European law.
3785. CHAIRMAN: Yes, you can go off to
Luxembourg if you want; but we are not going to Luxembourg!
3786. MR HORTON: No, although I have
never been; I am told it is very nice!
3787. CHAIRMAN: It is; I have been!
3788. MR ELVIN: It starts very early
in the morning—eight o'clock UK time!
3789. CHAIRMAN: And it is in French!
3790. MR HORTON: My first wife is French;
I am very fluent!
3791. My Lords, my Lady, may I take you to it
by referring you first to the Petition and the Promoters' response
to the Petition? I only received these instructions last week
and I am not as well organised as I would like to be. I have not
come with a spare copy of the Petition.
3792. CHAIRMAN: We have the Petition
and we have the Promoters' response; and, what is more, we have
read them.
3793. MR HORTON: That is even more helpful;
I am very grateful to you.
3794. The issue of law arises in relation to
the route alignment which is between Liverpool Street and Whitechapel
Stations. I am not seeking today, although I will be appearing
before the Committee again tomorrow on behalf of the Spitalfields
Society, to enter with trepidation upon the question of whether
or not you will hear anything about alternative alignments. I
assure you that today I do not want to enter on to that.
3795. CHAIRMAN: You have probably heard
what has happened to those who have tried.
3796. MR HORTON: I have, but perhaps
tomorrow you will at least listen to me for a few minutes—
3797. CHAIRMAN: Of course we will.
3798. MR HORTON: ... to see if I can
persuade you that so far, with great respect, the Committee has
erred in that respect.
3799. It concerns that route alignment. If you
look at paragraph 21, you will see that there is a reference there
to alignments B and C. "The assertion is B and C perform
better than the Hybrid Bill alignment." At 22, this is where
the legal issue arises: "The Petitioners contend that the
Promoters have failed to appraise these viable route alignments
and in 2002 discounted both". They did so for reasons in
relation to alignment B that were incorrect. It is alignment B—
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