Examination of Witnesses (Questions 3940
- 3959)
3940. MR ELVIN: No, my Lord, but there
is a very important point here which is that we have not heard
Mr Schabas's evidence on the southern alignment, nor have we had
the courtesy, as we have not had today, of any exchange of material
from these Petitioners, neither the current Petitioner nor indeed
the Petitioner for tomorrow.
3941. CHAIRMAN: Well, we are going to
struggle on and—
3942. MR ELVIN: Well, my Lord, it is
more important than that because, if your Lordship is going to
hear this material, we need some notice because we need to be
able to deal with it.
3943. CHAIRMAN: I quite agree, and I
will see if I can make sure that you have notice.
3944. MR ELVIN: I would be very grateful.
3945. CHAIRMAN: But at the present moment
I am trying to get into my head what is the point of law. The
point of law, I think Mr Horton is saying, is that this Committee
should look again at the criteria in the EIA Directive and it
is open to us, I think you are saying, to choose Route B—it
will have to be, will it not—as a main alternative which
ought now to be studied?
3946. MR HORTON: Yes.
3947. CHAIRMAN: Is that what you are
saying?
3948. MR HORTON: Yes, because it is an
objective test. That is how I have to put it.
3949. CHAIRMAN: And we would have to
decide whether this is a main alternative that ought to be studied
and tell Parliament that that is so? Is that right?
3950. MR HORTON: Yes, my Lord. My Lord,
I think I cannot say more. I apologise to my learned friends and
to the Committee of course. The Bar is always anxious to observe
the courtesies and obligations and I do not think I fully have,
but, as I say, my instructions have been late and, as often happens
in acting for this sort of body, I have had to clear out of the
way an awful lot of material which those instructing me feel strongly
about, but, I took the view, would not assist the Committee to
hear.
3951. CHAIRMAN: Well, it is a very simple,
short point now, is it not?
3952. MR HORTON: Yes, it is.
3953. CHAIRMAN: I am very grateful you
have cleared everything else out of the way, but so far as concerns
Crossrail and Mr Elvin, I think you are going now to have to tell
him what it is that you are proposing to put in front of us by
way of evidence.
3954. MR HORTON: Yes.
3955. MR ELVIN: My Lord, I have just
had a note to say that in fact 200 pages have just been delivered
to our offices.
3956. CHAIRMAN: How nice!
3957. MR ELVIN: So, my Lord, I will keep
quiet any further on this because no doubt I will have another
sleepless night ahead of me, but never mind! As your Lordship
put it, we will struggle on.
3958. MR HORTON: May I say, if it is
any comfort to Mr Elvin, it is not 200 pages that I have seen
either. I apologise.
3959. MR ELVIN: Well, I am sorry, but
my learned friend may be instructed by residents, but the agent
who is instructing him, Ms Jones, is a partner at S J Berwin and
is a development solicitor. Frankly, this sort of pleading does
not really sound very well when you are dealing with a partner
from a City law firm.
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