6140. CHAIRMAN: It seems to me this does not require additional powers, it requires a reduction of powers?

  6141. MR LEWIS: Quite correct, my Lord, yes. My Lord, that was all that I was going to ask Mr Anderson to say to you this morning. If the Committee has any questions then, Mr Anderson, could you wait there for cross-examination.

  6142. CHAIRMAN: Ms Lieven?

  6143. MS LIEVEN: No, my Lord, I have no questions for this witness.

  6144. CHAIRMAN: I am right about the additional powers point?

  6145. MS LIEVEN: My Lord, the position is that an amendment to extend the period for compulsory purchase would require an additional provision, as your Lordship has entirely correctly said, and making such an additional provision in the second House would be contrary to the normal practice of the House of Lords.

  6146. CHAIRMAN: But a reduction of the powers?

  6147. MS LIEVEN: A reduction would not require an additional provision. It is entirely within your Lordships' powers.

  6148. CHAIRMAN: A proposed amendment is within powers, yes?

  6149. MS LIEVEN: Yes.

  6150. CHAIRMAN: Has anybody got any questions?

  6151. BARONESS FOOKES: Do we take it, Ms Lieven, that you would not wish us to add this?

  6152. MS LIEVEN: Absolutely, my Lady. I am sorry, I was waiting to make a closing. All I was indicating was I was not going to cross-examine Mr Anderson. Absolutely, my Lady. For the reasons I went through in opening we say, just to emphasise, that the special parliamentary procedure, which is what would be required to be gone through before that time period could be extended, is entirely adequate to protect CWG's interests because the inspector and then critically the parliamentary committee would have to be satisfied that the Secretary of State had shown a good case for extending these powers.

  6153. My Lady, in the government response to the Select Committee we put in a short summary of what those powers are in the process. Perhaps if I can put those on the screen so your Lordships and Ladyship can see the process that has to be gone through.[6] "Special parliamentary procedure is particularly relevant in cases where land and property is subject to compulsory acquisition and where there is a need for the renewal of such powers to be subject to thorough scrutiny. This is achieved through a demanding process which includes: the laying of the special procedure order before Parliament by a Minister along with a certificate stating that various preliminary proceedings have been complied with; a three-week period for objectors such as those whose land and property is concerned to petition against the order or amendments; a three-week period for a member of either House to move that the order be annulled. If the order is not annulled, the referral of the petitions to a Joint Committee which may approve the order with or without amendments or decline to approve it", and then there is a last section: "the introduction of a public bill if the order is reported with amendments that are not accepted by the Minister or if the order is not approved by the Committee". We are talking about a detailed process if the powers should be extended. Again, I remind the Committee that the landowners who would be affected would have the power to require us to either purchase or give up the power if we seek the extension so that in terms of CWG's interests, that gives them complete protection because they have the right to get compensation under the Compensation Code.

  6154. Can I say here that Mr Anderson has given evidence on the financial advantages and disadvantages of various courses to the Secretary of State. My Lords and my Lady, that is not a matter for this Committee. With respect to Mr Anderson, he is seeking to negotiate the terms of a sensitive and confidential commercial agreement through the medium of this Committee and that, we say, is not right. This Committee should be concerned with the powers to build the railway. That is what the Act is about.

  6155. CHAIRMAN: I think we will want to listen to you to see what, if anything, we can do, but this provision for special parliamentary procedure is an addition. That process applies to a number of sorts of compulsory purchases anyway?

  6156. MS LIEVEN: That is right, my Lord.

  6157. CHAIRMAN: Common land.

  6158. MS LIEVEN: Open spaces.

  6159. CHAIRMAN: This is in the general law?