Clause 62
Crossrail Bill
5:15 pm
Tom Harris (Parliamentary Under-Secretary, Department for Transport; Glasgow South, Labour)
The Bill contains provisions for various matters to be referred to arbitration. For example, if the parties agree, disputes with highway authorities under schedule 3 and with various statutory undertakers under schedule 16 can be referred to arbitration. Subsection (5) allows the Secretaries of State for Communities and Local Government and for Transport acting jointly to make the rules governing such arbitration. The hon. Gentleman’s amendment would remove that power.
Subsection (5) follows a similar provision to the Channel Tunnel Rail Link Act 1996. It address the possibility that it may be necessary to have special tailor-made provisions to address the settling of disputes arising under a scheme of the complexity, size and importance of the Crossrail project. Two Secretaries of State will have responsibility for that, rather than just the Secretary of State for Transport, and they will have to ensure that such rules are consistent with the principles of natural justice.
I am not saying that it will not be necessary to make such rules; however, it is important that the Secretaries of State should have the power to do so should it be considered that the need arises. The amendment would remove the power of the Secretaries of State for Communities and Local Government and for Transport to make rules about procedure in relation to arbitration under the Bill. The clause was applied successfully to former Conservative Secretaries of State and it worked extremely well under the Channel Tunnel Rail Link Act 1996. I therefore hope that the hon. Gentleman will seek leave to withdraw the amendment.