Schedule 16
Crossrail Bill
5:00 pm
Stephen Hammond (Shadow Minister, Transport; Wimbledon, Conservative)
Amendments Nos. 75 to 80 are identical, in that they would make exactly the same adjustment to each of the six parts of schedule 16. The schedule gives protection to various bodies whose work might be affected by the construction and operation of the Crossrail network. It deals, in turn, with highways, utilities, water issues, electronic communication networks, waterways and finally the Port of London Authority. In each case, there is a sub-paragraph that deals with dispute resolution. Disputes will be settled by arbitration if the two parties agree; if the two parties do not agree, then, with the proviso that the dispute is not about money, it will be up to the Secretary of State to appoint someone to find a solution.
I do not want to regurgitate the concern that we have had all the way along about arbitration. All I will say is that, given the fact that there will be a very real relationship between the nominated undertaker and the Secretary of State, we do not want the situation where—we have been through this before—the defendant is trying his own case.
It seems to me that the arbitration process that should be employed should be fair and independent, and the Secretary of State should not intervene in that process. The decision of a third party arbitrator will enjoy the benefits of authority and impartiality. The Secretary of State, however much they believe themselves to have a duty of responsibility, cannot be seen to be independent. Therefore, it should not be the job of the Secretary of State to resolve disputes of this kind.