Examination of Witnesses (Questions 13400
- 13419)
13400. LORD BROOKE OF ALVERTHORPE: Paragraph
22 you are after.
13401. MS KHELA: Thank you very much. Therefore,
that is all we would like to say and it is very clear how the
residents feel both in the legal opinion submitted by Richard
Harwood for the Woodseer and Hanbury Residents' Association and
also the Crossrail legal opinion, and we have no further comments.
13402. CHAIRMAN: Thank you very much.
Any answer?
13403. MR ELVIN: My Lord, I am conscious
that Ms Khela should have the last word on that, but I am going
to breach that, albeit it briefly. The strategic environmental
assessment, Ms Khela really has misunderstood this. Ms Khela is
confusing the response given on an FOI request for information
which relates to FOI exclusions with any principle in the directive.
This is the strategic environmental assessment directive, I am
afraid with my scribbling on it, and you will see Article 2(2)
on the right-hand side, "Subject to paragraph 3", which
you do not need to worry about, "an environmental assessment
should be carried out for all plans and programmes". It is
not for projects, it is for plans and programmes.
13404. CHAIRMAN: I understood it that
the strategic directive does not apply to Crossrail.
Promoter's Closing Statement
13405. MR ELVIN: It does not apply to
projects, no. If you look at the definitions section under (a),
"Plans and programmes means plans and programmes, including
those co-financed by the European Community, which are subject
to preparation and/or adoption by an authority of national, regional
or local level or which are required by legislative, regulatory
or administrative provisions". Crossrail falls into none
of those categories.
13406. CHAIRMAN: It is things like the
structure plans.
13407. MR ELVIN: Structure plans, regional
economic strategies, master plans required under policies, all
the sorts of development plan documents that your Lordship will
have been familiar with from a former existence. It does not include
projects. As I said when Mr Horton made his submissions, paragraph
22, you will recall that I missed out a strategic "not"
before the word "projects" in paragraph 22. This is
the SEA directive and it does not apply to projects.
13408. CHAIRMAN: And I do not think the
standing orders apply to it either.
13409. MR ELVIN: No, but in terms of
the legislative role of the House, there is nothing on which the
SEA directive could bite. My Lords, clearly if Ms Khela wants
to come back on that, I have no objections to her doing so.
13410. CHAIRMAN: Yes, of course she can.
13411. MS KHELA: I am just going to repeat my
point. When this Bill is adopted, the Bill will be adopting a
route going through the central section. That route, we are told
in an FOI request quite clearly by the Government, will be a policy,
a policy that will be adopted. I also gave evidence which suggested
that there was going to be a master plan with Crossrail over Whitechapel
in my own presentation and, therefore, that is all I need to say
on it.
13412. CHAIRMAN: Very well. Thank you.
13413. MR ELVIN: My Lord, if it is convenient,
Ms Lieven is going to deal with the issue of construction noise,
then Mr Taylor is going to deal with the request for clarification
on the compensation note and then I will round off with the remaining
notes, including the undertaking issue.
13414. CHAIRMAN: Well, I have got quite
a lot of things that need tidying up as well.
13415. MR ELVIN: Indeed. Would it be
convenient if we at least got some of those out of the way and
then perhaps your Lordship could let us know if there are any
other matters that we can answer?
13416. CHAIRMAN: Any witnesses ought
to be heard first.
13417. MR ELVIN: I do not think we have
any more evidence to call.
13418. CHAIRMAN: Nothing from Mr Thornely-Taylor?
13419. MR ELVIN: I will hand over to
Ms Lieven.
| 
