Select Committee on the Crossrail Bill Minutes of Evidence

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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