Examination of Witnesses (Questions 6180
- 6199)
6180. CHAIRMAN: If therefore we were
to suggest to the House that the new amendment which is being
put before us is inserted in the Bill, that could have an effect
upon other Petitioners than Canary Wharf Group.
6181. MS LIEVEN: My Lord, I have two
points on that. One is, if it is put in the Bill in the form it
is, then it could make it impossible to build the Isle of Dogs
station, which does not seem to be a very productive way forward,
because if the unforeseen events happen and the notice to treat
is not served within five years, then we have a position we cannot
build Isle of Dogs.
6182. CHAIRMAN: Because you have got
no worksite.
6183. MS LIEVEN: Because we have got
no worksite. There is also the other point, which is that to insert
such a provision in the form that CWG have put it forward would
be manifestly unfair on all the other landowners up and down the
route who may arguably not have such valuable sites as this. Many
large landowners in the West End of London have had sites which
have effectively been impossible to develop for between 15 and
20 years because of Crossrail and for them to turn round and find
that CWG have been put in an advantageous position would, in my
submission, be manifestly unfair. So there are all sorts of problems
with this proposed amendment. Then you also have the position,
as your Lordship has touched on, of other landowners within the
Isle of Dogs who would find themselves not having the benefit
of this permission potentially but, without the station at Isle
of Dogs, not being able to develop their sites.
6184. CHAIRMAN: Nevertheless, we are
in this dilemma, that we are being asked to recommend the insertion
of these new provisions in the Bill but the necessity for doing
so would be dependent upon a failure of the negotiations with
Canary Wharf for them to build the Isle of Dogs station.
6185. MS LIEVEN: Yes.
6186. CHAIRMAN: And we are not allowed
to know the situation about that because it is commercially sensitive,
as I fully understand.
6187. MS LIEVEN: My Lord, what I can
say about that, and I do not think Mr Anderson would disagree
on this, is that those negotiations are going ahead full steam.
There have been large numbers of meetings and, so far as I am
aware, they are going ahead productively and co-operatively. This
is notand I wait for either Mr Anderson or those behind
me to metaphorically tug my gownas I understand it, a situation
where anybody thinks these agreements are going to fail. We are
all proceeding happily in the right direction.
6188. CHAIRMAN: Yes, but by the time
we have finished this Select Committee hearing and have to produce
a report for the House for re-committal, we will have to decide
whether to recommend this amendment. At the present moment there
is no way for us to know whether the commercial negotiations will
by that time have got far enough for us to be able to judge one
way or the other whether it is necessary to have this amendment.
Therefore, we are going to be in a complete dilemma.
6189. MS LIEVEN: My Lord, with great
respect, your Lordships and your Ladyship are only in that dilemma
if they think there is anything in what Canary Wharf Group are
putting forward today. In my submission the situation is clear.
To be able to extend the time is sensible contingency planning
on a massive project and CWG get full protection through the process
of the special parliamentary procedure and their rights to compensation.
Parliament would only extend a project such as this for five years
if it could see a very clear reason for doing so, and doubtless
if CWG, in however many years it is, come forward and object to
such an extension, then they will have a full opportunity to put
forward all their reasons as to why their site is blighted: the
Secretary of State has wasted X number of years, nothing has happened
and it does not extend the powers. Your Lordships do not need
to know any more about the commercial negotiations because CWG
are fully protected in the public interest, and, of course, here
you have to balance the public interest of guarding against unforeseen
events that mean we need to extend and the private interest of
CWG.
6190. CHAIRMAN: Yes, but we are going
to have to come to a conclusion about this in something like six
weeks' time.
6191. MS LIEVEN: Yes.
6192. BARONESS FOOKES: Ms Lieven, you
said a few moments ago that you disagreed with Mr Anderson in
some of the points that he made, and you then proceeded, if I
paraphrase, "I am not going down that road", so we are
left hearing that there are statements with which you do not agree
but you are not going to explain why you are not agreeing.
6193. MS LIEVEN: My Lady, so far as the
statements we do not agree with are concerned, there were statements
made about the history of the Jubilee Line, the funding and the
issues that have arisen, and there were statements about the nature
of the agreement between the Government and CWG that may well
have given your Lordships the wrong impression about the financial
terms. However, my Lords and my Lady, the financial terms are
confidential and I am not going to go into themI think
it would be quite inappropriatebut they have nothing to
do with what your Lordships and your Ladyship have to deal with
today. There is a commercial negotiation, a bit like any commercial
negotiation, about who pays how much for what, and that is going
on outside this committee room.
6194. CHAIRMAN: One thing must be sure:
whatever may have happened about the Jubilee Line it is not going
to lead us to amend this Bill.
6195. MS LIEVEN: No.
6196. CHAIRMAN: So that is immaterial.
6197. MS LIEVEN: So that is immaterial,
my Lord, and there is no need to say any more about that. Also,
how many millions and who pays what for the Isle of Dogs is immaterial
to your Lordships' consideration of the public interest in whether
or not the power in the Bill to extend for five years, properly
protected, should be retained. That is the issue for your Lordships
and your Ladyship, not who pays who what.
6198. CHAIRMAN: And the amendment that
is proposed would continue to be in force if the extension of
time for compulsory purchase was granted by the procedure that
you have described?
6199. MS LIEVEN: Yes.
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