Examination of Witnesses (Questions 11100
- 11119)
11100. BARONESS FOOKES: But I thought
Mr Mould had said that this morning in response to my line of
questioning.
11101. MR MOULD: I did.
11102. LORD YOUNG OF NORWOOD GREEN: I
am sorry. Well, if that is the case then that one has been removed,
then. What I am saying to you is, if they did not meet that undertaking,
which would be a revised wording now, then you would have a right
to sue?
11103. MR MOULD: Yes.
11104. LORD YOUNG OF NORWOOD GREEN: I
am trying to eliminate. So we are really down to the Chairman's
point of whether or not we could strengthen 7.1 to the point where
you would have confidence in the ability to use that.
11105. MR DINGEMANS: Effectively, yes.
7.1 is introducing it but it is the qualification—7.2 I
think I showed you —
11106. LORD YOUNG OF NORWOOD GREEN: I
should have said 7.
11107. MR DINGEMANS: Indeed, my Lord,
because what then happens is, if they have not mitigated those
problems and there is an escape of dust, the risk is there and
we can sue them for it if we have suffered loss, and that is really
what we are principally after.
11108. CHAIRMAN: Mr Dingemans, I do not
think we are going to get to a conclusion on this this afternoon.
If this is going to be either an undertaking or perhaps preferably
a deed it has to be one that is agreed between you and the Promoters,
and at the present moment there is not the smallest sign of agreement
between you and the Promoters on a lot of these points, and it
also has to be something that the Committee is prepared to put
forward as a recommendation.
11109. MR DINGEMANS: Indeed, yes.
11110. CHAIRMAN: The Committee is not
there to put forward a recommendation of an unlimited indemnity—at
least I do not think so.
11111. BARONESS FOOKES: Something less
than, might be appropriate.
11112. CHAIRMAN: And certainly we are
not trying to remove compensation altogether, and it may be that
we do not need a reference to any of the statutory provisions
like section 10 at all, or the concept of injurious affection.
We may need to provide for something which allows for compensation
for dust infiltrated into one of the meat stores and, for all
I know, a provision about parking in Lindsey Street, but we cannot
invent this ourselves because it will have to be a provision which
is agreed between you and the Promoters, and we must have made
some progress today but we have not got there yet.
11113. MR DINGEMANS: No. My Lord, it
may well be that, in the light of your Lordship's indications
to me and to my learned friend, in terms of the deed we are not
that far apart —
11114. CHAIRMAN: Except for section 10.
11115. MR DINGEMANS: Yes, it is that
point, but, in the light of what your Lordship has suggested to
both of us, it may well be that a practical way forward—and
I have in mind the fact that your Lordships have already granted
us the indulgence of sitting until 3.30 on a Friday afternoon—is
to adjourn this Petition with the parties directed to discuss
the matters and, if there is anything further, then time limited
submissions of 15 minutes each.
11116. CHAIRMAN: Well, I have no objection
to that!
11117. Mr Mould, I do not think we are going
to get there today.
11118. MR MOULD: My Lord, I do not think
we are. I am a bit nervous about the last suggestion because where
we are expecting to be this time next week is not in this room
—
11119. CHAIRMAN: We will find time for
it.
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