Examination of Witnesses (Questions 13380
- 13399)
13380. CHAIRMAN: Well, in that case,
I have ruled on both of them and, in that case, there is not a
lot of point in your going on.
13381. MS KHELA: Which is why I said that I
do not believe that the Committee is minded to do anything on
the points that I have raised, even though it is very different
from the points that Matthew Horton raised. I am saying there
has been a defect and an injustice in the process of releasing
information late, releasing it piecemeal, involving a paper-chase
with the Promoter where this information was only released after
a Freedom of Information request which has put us in a situation
where the Petitioners, namely the WHRA and the Spitalfields Small
Business Association, have been prejudiced, and we will seek a
remedy.
13382. CHAIRMAN: Ms Khela, I have ruled
on the question of whether the standing orders of this House have
been complied with which deal with the incorporation into English
law of the EIA directive, and I have ruled that they have been
complied with. Now, there is no point in your going on arguing
about this.
13383. MS KHELA: I was advised by the Clerk
in an email and in a telephone conversation that the ruling was
to be on Matthew Horton's point and, as I have made it very, very
clear, Matthew Horton did not raise Article 6(2) on any occasion,
but we are. I think that is my submission.
13384. CHAIRMAN: I do not know what Article
6(2) is. It is not in your Petition.
13385. MS KHELA: The consultation is in our
Petition and also lawful compliance.
13386. CHAIRMAN: What does Article 6(2)
say?
13387. MS KHELA: It deals with consultation
with the public.
13388. CHAIRMAN: And where is it in the
statutory instrument that transposes this?
13389. MS KHELA: It is all in the opinion that
you have, but I also have it here.
13390. MR ELVIN: I have put on the screen
Article 6(2) of the directive.[21]
13391. CHAIRMAN: It is in the directive?
13392. MR ELVIN: Yes.
13393. CHAIRMAN: And I assume it is also
in the regulations?
13394. MR ELVIN: The regulations do not
apply to the Bill process, though the directive applies directly
to that.
13395. CHAIRMAN: But they do through
the standing orders?
13396. MR ELVIN: They do in part through
the standing orders, but we seek reliance on the legislative exemption,
Article 1(5), so we comply in substance with the directive, though
we are not required to comply with the regulations, but the principle
is the same. Article 6(2) is the one requiring public consultation
in relation to the Environmental Statement. It does not require
consultation in respect of matters which are not in the Environmental
Statement and, as your Lordship has ruled, we are dealing with
matters which were ruled out long before the Environmental Statement
was presented, and the Committee has already made its decision
that it was not a main alternative, not required to be in the
Environmental Statement and, therefore, there was no requirement
to consultation whether under the regulations or the directive.
13397. CHAIRMAN: Or standing orders.
13398. MR ELVIN: And, by application,
the regulations through standing orders or through standing orders.
13399. MS KHELA: The legal opinion which Richard
Harwood has submitted, which is the last point I am going to make,
disagrees with that point.
21 Directive 2001/42/EC of the European Parliament
and of the Council of 27 June 2001 on the assessment of the effects
of certain plans and programmes on the environment (SCN-20080508-019
and -020) Back
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