Examination of Witnesses (Questions 3920
- 3939)
3920. MR HORTON: Exactly and it is possibly
reiterated twice in the regulations, but we are not concerned
with it. My Lord, the point which I have to put before your Lordships
is this: to avoid avoidance of this important safeguard these
words have to be construed as an obligation to have examined the
main alternatives which should have been studied, I can see no
other way of putting it before your Lordships. It has to be an
objective test. A Promoter must not be allowed to avoid this important
obligation by simply making up his own mind, but something which
on any objective view would plainly be a main alternative demanding
study in the public interest is not such because it will run -
3921. CHAIRMAN: We are the judges of
it, in so far as we would recommend to Parliament to have another
look at this.
3922. MR HORTON: Yes, that is how I have
to put it.
3923. CHAIRMAN: Yes.
3924. MR HORTON: My Lords, I think it
is unavoidable, if you are to be able to make that judgment, that
you do have to know more about the alternative. We will come to
that tomorrow. It may be that because asking you to look at it
will arise by this route, you will take the view tomorrow and
it may perhaps be helpful if I just briefly outline this now so,
if you wish, you may think about it before tomorrow.
3925. It may be that this is a different point
from the one which I understand to have given Petitioners such
difficulty so far, namely to do with the principle of the Bill.
3926. CHAIRMAN: Yes, it is a different
point.
3927. MR HORTON: I think so.
3928. CHAIRMAN: Yes, of course it is.
3929. MR HORTON: Therefore, it may be
that you can properly hear that material tomorrow, despite what
I understand you so far to have said about the principle of the
Bill, but, subject to that, I think I have put this point as succinctly
and, I hope, as clearly as I am able, unless I can help any further.
3930. CHAIRMAN: I do not know what we
are going to do now.
3931. MR HORTON: Well, I am not calling
evidence in relation to this Petition.
3932. CHAIRMAN: So are you never going
to call any evidence?
3933. MR HORTON: Well, I am watching
for a swift right hook from my right because I do not know what
notice has been given.
3934. MR ELVIN: None at all.
3935. MR HORTON: But I was told yesterday
actually at a late hour that the Spitalfields Society would like
to ask you, and I think this Committee may have heard it before
and certainly it was heard in the other place, to listen to Mr
Schabas just to give you a factual account of this alternative.
The Promoters are familiar with it because they have heard it
before.
3936. MR ELVIN: That is not actually
right because the Commons stopped Mr Schabas and refused to hear
him on 30 January.
3937. CHAIRMAN: What has happened to
Mr Schabas?
3938. MR ELVIN: The Commons would not
let Mr Schabas give his evidence on alternatives.
3939. CHAIRMAN: Well, they may not have
done, but we are not the Commons.
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