Examination of Witnesses (Questions 10880
10880. CHAIRMAN: There is no trigger
figure for dust at which the various measures which you put in
your deed will come into force?
(Mr Berryman) As I said earlier, my Lord, my understanding
was that the trigger level needs to be agreed with the local authority,
who are responsible for those matters.
10881. I suppose it would have to be agreed
to take account of the inspectors and what they are going to require
inside the Smithfield Market.
(Mr Berryman) That is right, my Lord.
10882. There must be a figure for this.
10883. MR MOULD: Yes, there must be.
I am afraid I do not know what it is offhand.
10884. CHAIRMAN: I have been trying to
get it all morning.
10885. MR MOULD: We will try and get
you a note on that early next week.
10886. CHAIRMAN: Anyway, you do not know
10887. MR MOULD: My Lord, I do not know
it offhand, I am afraid.
10888. CHAIRMAN: Thank you very much.
We are in the parties' hand. It is on the dot of 1pm. There has
been a certain ambition that we should not have to come back this
afternoon, but I seriously doubt whether we will get through the
remaining business in half an hour.
10889. MR MOULD: I think you may be right.
What I have provided for you, and I have circulated, is a comprehensive
written note of my closing submission.
10890. CHAIRMAN: I have cast an eye over
it and it raises what I would have thought were some fairly controversial
points. I think Mr Dingemans is nodding. I preface this, I do
not think that the Committee is very much inclined to recommend
a clause being put in the Bill. This whole matter has been in
the hands of the Law Commission. They have made recommendations
and according to what you say, they are very much along the lines
of the market traders, but the Government has done nothing about
it. This is plainly a matter for general public legislation and
to put a clause in the Bill for one particular party to the Crossrail
Bill procedure seems to me an unlikely prospect, it would have
to be introduced by the Department and I should not think they
would do it.
10891. MR MOULD: I think that is fair.
10892. CHAIRMAN: Whether you have got
any instructions on this or have you?
10893. MR MOULD: Having glanced at my
note, you will see that that is essentially the burden of our
position on the substance of the issue between us. It would not
only be a matter which would be of great interest to the Department
for Transport, but obviously it would be of great interest to
the Department for Communities and Local Government who are parly
overseeing the land compensation legislation.
10894. CHAIRMAN: It is very wide ranging
and to introduce it as a single clause in this Bill seems to me
to be an unlikely method of making progress.
10895. MR MOULD: That would be our position,
10896. CHAIRMAN: We are back to the wording
of the deed.
10897. MR MOULD: Yes.
10898. CHAIRMAN: On that, I suspect there
will be a certain amount of argument.
10899. MR MOULD: Yes, it is whether you
think there is such an exceptional case.