Examination of Witnesses (Questions 9560
- 9579)
9560. Nothing that we ask for, in terms of operation
and maintenance, has anything to do with sale of their capital
asset. That is entirely separate; that is a matter for TfL. We
say, in terms, to this Committee, for these matters of public
interest to be led by commerciality—commercial objectives—particularly
in the most unfortunate way it has been handled by TfL, would
be a great disservice to the Government's policy for the railways
of this country. My Lords, I apologise for going beyond one o'clock
but I am very grateful to your Lordships.
9561. CHAIRMAN: Just before you finish,
I am looking at the page that has the three undertakings that
you are seeking.[40]
You have got number two.
9562. MR PURCHAS: We have got number
two.
9563. CHAIRMAN: Number one and number
three. To what extent are they going to impinge upon the duty
of the Secretary of State to make quasi-judicial decisions if
TfL comes forward with its current proposition?
9564. MR PURCHAS: Number one is the one
I look for. That, plainly, does not depend upon any decision or
discretion if an application is made under section 7. So far as
3 is concerned, if it is expressed that there is no intention
at present to exempt, that will be more comforting. I think we
were alarmed by the fact that this sort of emerged out of nowhere,
without anything being said about it at all. It is really 1 we
are looking for, my Lord.
9565. CHAIRMAN: But 3 might impinge upon—
9566. MR PURCHAS: With 3 I can see problems.
I hope I will not be hung, drawn and quartered by those behind
me, but I can see problems. I think the Committee can still say
something about it.
9567. CHAIRMAN: I do not think there
is any doubt we will say something about it. What we might recommend
is another thing.
9568. MR PURCHAS: Absolutely.
9569. CHAIRMAN: Thank you very much indeed.
9570. MR PURCHAS: I am obliged, my Lord.
9571. CHAIRMAN: I think we will adjourn.
I am not quite sure what are performance measurement is.
9572. MR ELVIN: I think it is 100 per
cent, my Lord. My Lord, the position is I am told that BAA is
not going to come. I understand from Mr George for EWS that on
the property issues Old Oak Common is now resolved, they are not
going to raise the strategic freight site issues, and so I think
we are dealing with, probably, the infrastructure provision question
that we dealt with with the rail freight group yesterday and are
coming back to tomorrow, and an issue about compensation under
the Network Code—as I understand what Mr George said. What
I was going to start by doing was calling Mr Berryman to give
you some more information on T5 and the possibility of a western
link to Heathrow.
9573. CHAIRMAN: Would it not still be
worthwhile trying to get back at half-past two?
9574. MR ELVIN: I was just trying to
give your Lordships some comfort that the issues this afternoon
are not going to, hopefully, be too long.
9575. CHAIRMAN: It is a comfort, thank
you. We will adjourn until half-past two.
The Committee adjourned from 1.12 pm until
2.30 pm
9576. CHAIRMAN: Welcome back. Mr Elvin,
you were going to say something about British Airports Authority.
Heathrow Western Link
9577. MR ELVIN: I have got a statement
to read out, BAA.[41]
I have an undertaking in respect of BAA's petition which I have
been asked to read into the record and I think your Lordships
have a copy. This relates to the outstanding concern I mentioned
to you yesterday about works on the Piccadilly Line for the Heathrow
Express. I say this: "The Secretary of State for Transport
undertakes to use all reasonable endeavours to ensure that, save
in respect of any emergency works required for the continued safe
operation of either London Underground Limited's network or Network
Rail Infrastructure Limited's network, there are no concurrent
planned closures:
(a) of all the railway lines between Paddington
Station and the eastern end of the Heathrow spur attributable
to the exercise of the powers of the Crossrail Bill to construct
the authorised works and,
(b) of the Piccadilly Line between Hammersmith and Heathrow
during the hours when either Heathrow Connect services or Heathrow
Express services and Piccadilly Line services are ordinarily scheduled
to operate. The Secretary of State also undertakes to use all
reasonable endeavours to ensure that the nominated undertaker
for the relevant Crossrail works, Network Rail Infrastructure
Limited and London Underground Limited, consult and co-operate
with each other in the process of the planning of works that may
give rise to the aforementioned concurrent planned closures".
That is the resolution of the last issue with BAA.
9578. CHAIRMAN: That will go on the Register?
9579. MR ELVIN: That will go on the Register.
That is a formal undertaking.
40 Committee Ref: A54, Undertakings sought by Network
Rail (SCN-20080430-001) Back
41
Crossrail Ref: P68, Crossrail works and Piccadilly line undertaking
(SCN-20080430-042) Back
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