Examination of Witnesses (Questions 12920
- 12939)
12920. MR GOODMAN: One I have handed
up to you is a two-page stapled pair of sheets and this is one
example of the kind of more stringent approach my clients would
be seeking. This is an extract from a Network Rail Code of Construction
Practice in relation to a Scottish railway.
12921. CHAIRMAN: That is what that is.
12922. MS LIEVEN: My Lord, I am very
unhappy about this. I was shown it for about ten seconds this
morning but no copies have been made available to us and I have
not been able to take instructions on it therefore. The rules
in this Committee are absolutely clear that exhibits should have
been given to us in advance. This is the first time I have raised
this point in all the weeks we have been here. We have been almost
begging the Society and the Mayfair residents to tell us what
they want for months now, and to raise this at this point when
I have not had any opportunity to take instructions on it and
I do not know what the content of it is, in my submission, is
completely improper and totally unfair on the Promoters. If it
was not sent to us months ago when we asked for all the meetings,
it should at least have been served on us yesterday so we could
have taken instructions.
12923. MR GOODMAN: My Lord, my instructions
are that this has been requested in writing by the agent Marina
Morisson Atwater.
12924. CHAIRMAN: Requested?
12925. MR GOODMAN: That the specific
form of Code of Construction Practice has been requested to mirror
that adopted by Network Rail on this line—
12926. CHAIRMAN: What do you mean `requested'?
Do you mean to say you asked to see it or you put it forward as
a proposition that ought to be included in the undertakings?
12927. MR GOODMAN: My instructions in
a letter from Marina Morisson Atwater is that has been flagged
up as the kind of measure that we are seeking from Crossrail in
relation to mitigation measures.
12928. CHAIRMAN: Do you know anything
about this?
12929. MS LIEVEN: My Lord, large numbers
of requests have been made to us but what I have not seen is the
exhibit that Mr Goodman is now putting before you, which is the
precedent from Scotland. Probably the content has been requested
in letters but there is an exhibit before this Committee that
I have not got, I have seen for ten seconds, and which should
have been served on us yesterday. I would be very grateful if
at least now the Petitioners would have the goodness to give the
Promoters a copy of it because I still have not got it.
12930. MR GOODMAN: I do apologise. I
believed copies had been made and handed round to all the relevant
parties. It is my error that one did not make its way to Ms Lieven.
12931. CHAIRMAN: But that is not the
only thing you want?
12932. MR GOODMAN: My Lord, I am not
in a position to go through every detailed request, that is why
I have tried to focus on the issues.
12933. CHAIRMAN: You want large numbers
of improvements of the conditions under which the nominated undertaker
will have to carry out his work?
12934. MR GOODMAN: Yes.
12935. CHAIRMAN: Large numbers?
12936. MR GOODMAN: There is a wide range
flagged up by those instructing me in the Petition on a range
of issues, you are absolutely right, my Lord.
12937. CHAIRMAN: Have you ever sought
to discuss any of these things with the Promoters in detail?
12938. MR GOODMAN: Personally—
12939. CHAIRMAN: No of course you have
not; your clients?
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