Examination of Witnesses (Questions 12680
12680. MS LIEVEN: Yes. That has certainly
been their principal concern in the past, although it is fair
to say their Petition raises many other issues. So I think that
is their principal concern. I understand we have not yet reached
agreement with the Royal Docks Management Authority, although
we are also optimistic that we will do so. The Port of London,
I assume, will not come, on the basis of my knowledge of what
the issues are. I think it is just a question of signing off the
agreement on that one. I am also assuming that Landor will not
come. So we definitely have the Coalition and the Residents' Association
of Mayfair. Mr Walters is closely associated with the Residents'
Association of Mayfair, and then we have two, possibly three,
commercial Petitioners, who probably will not come, but we cannot
12681. CHAIRMAN: And the remains of Spitalfields.
12682. MS LIEVEN: I think the remainder
of Spitalfields is the Coalition. Landor are definitely not coming,
I am told.
12683. LORD JAMES OF BLACKHEATH: My Lord
Chairman, can I make what I hope is a helpful suggestion with
regard to the point I raised with you earlier? I do not want to
delay the proceedings today but might I propose what may be the
least possible problem while still dealing with what I think is
a potentially very important issue?
12684. CHAIRMAN: I think Lord James has
come upon something that you ought to know about.
12685. LORD JAMES OF BLACKHEATH: I was
going to offer the possibility that if Mr Berryman plus a lawyer
could stay behind I would be prepared to talk them through it
now, so that they could read into the record tomorrow anything
they want to say about it and have had the night to think about
it. I do not want them coming cold to it tomorrow.
12686. MS LIEVEN: My Lords, we are perfectly
prepared to do that, if that is what the Committee wishes to do.
12687. LORD JAMES OF BLACKHEATH: I am
very amenable; if any Members of the Committee want to stay they
are very welcome.
12688. CHAIRMAN: Do you want to say what
it is about?
12689. LORD JAMES OF BLACKHEATH: The
report I have received of deposits of anthrax in the ground on
the route of the tunnel.
12690. MS LIEVEN: I am sure if your Lordship
raises that with Mr Berryman, Mr Mould and I will stay, and I
am sure we can deal with it.
12691. LORD JAMES OF BLACKHEATH: On the
grounds that anthrax does not die in the ground.
12692. MS LIEVEN: I am aware of it, my
Lord; it was an issue that came up at King's Cross on the Channel
Tunnel Rail Link.
12693. LORD JAMES OF BLACKHEATH: Thank
12694. MR MOULD: I believe your Lordships
would welcome, at some convenient moment, a brief account of the
settlement that we have now been able to reach with the Smithfield
12695. CHAIRMAN: I think we would be
12696. MR MOULD: Would you like me to
deal with that tomorrow morning, or now? I am in your hands.
12697. CHAIRMAN: We can do it now.
12698. MR MOULD: I can be very brief.
My Lord, the position, as you recall, that we reached on Friday
was that the market traders were looking for a separate undertaking
in relation to compensation issues. We have agreed the terms of
a separate compensation undertaking, and essentially it provides
for the following: firstly, where market tenants have a valid
claim for compensation for injurious affection under section 10
of the Compulsory Purchase Act 1965, the measure of that compensation
will include not only the diminution in value of their leases
but, also, consequential loss of trading profit resulting from
that injurious affection. That is the general position which was
agreed between us at the start of the hearing on Friday.
12699. What we have also agreed now is that
in the unlikely event that dust from the Crossrail works contaminates
market tenants' and traders' meat and leads to its condemnation
by environmental health officers, then the tenants' loss arising
from that will be compensated.