Examination of Witnesses (Questions 11120
- 11139)
11120. MR MOULD: Can I throw one more
pebble into the pond, I hope helpfully, just to remind you of
something that I quoted but did not show you?
11121. If you look at page 6 of my bundle this
is the letter we sent to explain our proposals for special compensation
proposals, and if you look down at the bottom of the page I just
draw your Lordship's attention again to the penultimate paragraph,
because this may be precisely the sort of clear-cut commitment
that we need to draw out.[34]
I read this out to you earlier but did not show you the page.
"One of the points about which you expressed concern when
addressing the Select Committee on the Crossrail Bill related
to compensation for losses arising from the destruction of carcasses
where those carcasses were condemned by environmental health officers
in consequence of dust emanating from an adjacent Crossrail working
site. We do not expect that to happen but in the event that it
did occur we can confirm that since in these circumstances physical
damage will have occurred to the carcass in question by the escape
of dust, the Promoter agrees that it should be included in the
matters ranking for compensation under the proposals described
above."
11122. Part of the concern in this case is precisely
that event.
11123. CHAIRMAN: That is exactly right.
11124. MR MOULD: We have said that to
them. If the Petitioner would like that to be enshrined in a specific
commitment, either drawn out and added to the assurances and undertakings
register, or included as a free-standing clause in the draft undertaking,
we will do it. If that is the sort of limited but valuable extension
of the code, expressed in clear terms, which would cut the Gordian
knot in this case, then that may be the way forward.
11125. CHAIRMAN: What is more, there
is going to be an opportunity for you to discuss it.
11126. MR MOULD: Quite.
11127. MR DINGEMANS: My Lord, yes. We
have always read that letter and, indeed, understand from my learned
friend's submissions that at the moment if the dust corrupting
the carcass is caused simply by proper execution of building works,
at the moment we cannot claim.
11128. MR MOULD: It does not say that
and that is not the position. That will be actual physical damage
caused. We said in that letter—unqualified in that way—that
that would be right.
11129. CHAIRMAN: I am going to have to
leave you to quarrel about this behind the scenes, because we
are going to get nowhere in this room.
11130. MR DINGEMANS: I respectfully agree,
my Lord. Perhaps by way of maintaining appropriate firm but fair
pressure on both sides to sort it out rather than trouble your
Lordships again, if your Lordships were minded to accept the proposed
course of action.
11131. CHAIRMAN: I think we have given
you the parameters of what we are prepared to accept. They are
narrower than what you would like—
11132. MR DINGEMANS: My Lord, I entirely
accept that.
11133. CHAIRMAN: -— and they may
be wider than what the Promoters would like. I do not think they
are, in terms, now that I have seen that paragraph in the letter.
I think it is capable of being dealt with by means of an undertaking.
11134. MR DINGEMANS: Or, perhaps, in
the deed simply because—
11135. CHAIRMAN: Or in the deed.
11136. LORD YOUNG OF NORWOOD GREEN: The
undertaking is in the deed.
11137. CHAIRMAN: We do not necessarily
have to have all of the deed unless there are bits of the deed
which you do not like. If we adjourn the discussion on this Petition
and allow you to have further discussions with the Promoters about
it, we will fix a comparatively short time for you to come back
with what I pray is going to be an agreed draft. I am sure we
can fit it in.
11138. MR DINGEMANS: I am very grateful,
my Lord.
11139. CHAIRMAN: Is that not the only
possible thing to do, Mr Mould?
34 Crossrail Ref: P73 Correspondence from CLRL to
SMTA, Annex A (LONDLB-24-04-006) Back
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