4600. CHAIRMAN: The Commons had powers to ask for additional provisions.

  4601. MR HORTON: Yes.

  4602. CHAIRMAN: They would therefore have had powers to ask for additional provisions to deal with a different alignment between Liverpool Street and Whitechapel.

  4603. MR HORTON: But the Commons, as I understand it, because the Petitioners did not raise this until the course of argument on AP3, took the view that it could not properly be raised in the context of AP3 because that was considering a specific additional provision.

  4604. CHAIRMAN: But they were empowered to ask for additional provisions, and indeed they did so—not here, but elsewhere.

  4605. MR HORTON: As I understand it, they took the view that they did not have that power in relation to such a request, in relation to route B, raised in the context of Additional Provision 3.

  4606. CHAIRMAN: I do not know what Additional Provision 3 was. I have heard of it. I am not talking about Additional Provision 3.

  4607. MR HORTON: No, I know you are not.

  4608. CHAIRMAN: What I am saying is that the House of Commons Select Committee had powers to ask for additional provisions to be made, petitioned upon and decided, did they not?

  4609. MR HORTON: Yes.

  4610. CHAIRMAN: They did not ask for one to deal with this route.

  4611. MR HORTON: No.

  4612. CHAIRMAN: We cannot do it.

  4613. MR HORTON: What actually happened, if I understand it, is that the Promoters, bizarrely, perhaps concerned—I know not—about the apparent lack of attention given to southern alignments generically, you may recollect, gave an undertaking to the Commons to give further consideration to southern alignments. That was what resulted in the October 2007 Mott MacDonald report, but, extraordinarily, they avoided in the course of that considering route B. They considered just about everything one could think of except route B in that.

  4614. CHAIRMAN: But they had powers to ask for additional provisions which would have included route B, did they not?

  4615. MR HORTON: May I just take one moment? (Pause for instructions)

  4616. CHAIRMAN: You are having lots of help, Mr Horton. I hope it is producing results.

  4617. MR HORTON: My Lord, you have been very patient and I am very grateful to your Lordships and my Lady. At the Committee stage in the Commons, the main Committee stage, your Petitioners knew nothing of route B; that is a fact. These reports had not been disclosed, and so at that stage when the Commons had the powers—

  4618. CHAIRMAN: Do you mean to say the Select Committee stage?

  4619. MR HORTON: Yes. I beg your pardon.