Schedule 2
Crossrail Bill
Public Bill Committees, 22 November 2007, 9:15 am
Tom Harris (Parliamentary Under-Secretary, Department for Transport; Glasgow South, Labour)
As the hon. Member for Wimbledon knows, paragraph 1 of schedule 2 grants the nominated undertaker general powers to carry out ancillary works additional to the scheduled works. Paragraph 2 allows the nominated undertaker to provide highway accesses, whether permanent or temporary, at the points marked on the deposited plans, except when the highway authority objects on the specific grounds provided. Such access may be similarly provided with the consent of the highway authority—such consent not to be unreasonably withheld—at any other point within the Bill limits. Any disputes about the provision of highway accesses are to be determined by the Secretary of State unless the parties agree that the matter should be referred to arbitration.
Paragraph 8 allows the nominated undertaker to make use of sewers and watercourses for removing water in connection with the construction or maintenance of Crossrail. Any disputes about making use of sewers and watercourses are to be determined by the Secretary of State unless the parties agree that the matter should be referred to arbitration.
The amendments would remove the Secretary of State’s ability, as the hon. Gentleman said, to determine disputes about highway accesses or the discharge of water, meaning that they would in all cases go straight to arbitration. Giving the Secretary of State the ability to determine disputes about various matters is well precedented in projects of national significance such as Crossrail. The provisions are modelled on identical provisions in the Channel Tunnel Rail Link Act 1996, and the Bill contains many other provisions whereby the Secretary of State, sometimes acting jointly with another Secretary of State—for example, the Secretary of State for Environment, Food and Rural Affairs—will be able to determine disputes.
Arbitration can be a rather time-consuming and costly experience, particularly when both sides do not feel that it is necessary, and the Bill’s approach is to allow for arbitration only when both sides agree. The amendments would ensure that arbitration occurred even when both parties did not want it. The provisions in the Bill worked well in legislation for the channel tunnel rail link, and Ministers are well used to exercising such functions. I therefore urge the hon. Gentleman to withdraw his amendment.