1 Introduction

1.1 This document is a statement of the current state of play with the Crossrail Bill.

1.2 The Crossrail Bill Select Committee started sitting on 17 January 2006 and when it adjourned for Easter on 28 March 2007, it had sat for 81 days. It will reconvene after the promotion of the fourth set of amendments to the Bill, expected to be in July 2007.

2 Additional provisions

2.1 Additional provisions are a set of amendments to the Bill and accompanying documents that expand the scope of the Bill. The scope of the Bill can only be extended by the committee if it has received an instruction from the House of Commons. Such instructions were issued on 19 July 2005, and 12 January and 31 October 2006 and list the items that can be the subject of an extension of scope.

2.2 One set of additional provisions (known as AP1) was published on 17 January 2006 (see under 4.1(d) for the areas it covered). This set did not exhaust all the items that were included in the instruction to the committee.

2.3 Another set of amendments was published on 15 January 2006, but do not correspond to an expansion of the scope of the Bill – they are mainly drafting amendments.

2.4 A second set of additional provisions (AP2) was published on 9 May 2006 (see under 4.1(e) for the areas it covered). This set exhausted the items that were included in the second instruction to the committee.

2.5 A third set of additional provisions (AP3) was published on 8 November 2006 (see under 4.1(f) for the areas it covered), which corresponded to the items included in the fourth instruction to the committee.

2.6 A fourth set of additional provisions (AP4) is expected to be published around 17 May 2007. These amendments will make provision for a station at Woolwich and will include a supplementary environmental statement to assess an additional set of works within Poplar Dock. A new instruction to the committee to allow this to happen is to be debated on 25 April 2007.

3 Other amendments to the scheme

3.1 On 30 March 2006, following the issue of a GLA press release to the same effect on 24 March, Cross London Rail Links Ltd announced that the Hanbury Street Shaft would no longer be used for spoil removal and its permanent footprint would be much reduced in size. This would also remove the need for the spoil conveyor to Mile End Park.

3.2 On 14 June 2006 it was announced that the depot at Romford would be abandoned and would be replaced with a depot at North Pole (in the London Borough of Ealing) with further provision at Forest Gate. This would also remove the need for stabling of trains at West Drayton sidings in the London Borough of Hillingdon.

3.3 On 7 August 2006 it was announced that Crossrail trains would additionally stop at Maryland in the London Borough of Newham.

3.4 No announcement has yet been made as to how Crossrail will be funded.

4 Supplements to the Environmental Statement

4.1 As of the date of this report, the Promoter has issued six supplements to the original Environmental Statement, as follows.

(a) Supplementary Environmental Statement (SES1) – published 26 May 2005. Topics covered include: construction timetable and strategy, noise insulation, climate change, health considerations, and site-specific assessments at Hanbury Street, Bow Midland Yard West and Romford Depot and Station.

(b) Supplementary Environmental Statement 2 (SES2) – published on website 14 December 2005, in hard copy 18 January 2006. Topics covered include: utilities diversions and additional information on western route section railway possessions; badgers; and site-specific assessments at Maidenhead, Bishop’s Bridge Road, Charing Cross Road, Smithfield Market, Whitechapel Station, Romford Depot, Shenfield Station and Manor Wharf.

(c) Supplementary Environmental Statement 3 (SES3) – published 8 November 2006. Topics covered: the interface and assessment of cumulative impacts with the London 2012 Olympic Games; additional information relating to the revised tunnelling strategy; site-specific assessments at Royal Oak, Paddington Station, Tottenham Court Road, Acton Yard, Maidenhead Bridge, Farringdon Station, Whitechapel Station, Maryland, Forest Gate, Romford and Harold Wood Stations, Custom House, Leigh Road, Wexham Road, St Mary's Road, Thorney Lane and Dog Kennel Bridges, Old Oak Common Depot and Church Manorway Bridge.

(d) Amendment of Provisions Environmental Statement (APES) – published 18 January 2006. Topics covered: Paddington Station, Shorts Gardens, Whitechapel Station; Basin Approach, Bellmouth Passage, Billingsgate Market, Swallowfield Way, Blyth Road, Crow Lane, Blackwall Way, Limmo Peninsula and Manor Wharf (Bexley).

(e) Amendment of Provisions 2 Environmental Statement (APES2) – published 9 May 2006. Topics covered: Westbourne Park and Westbourne Park Passage, Farringdon and Liverpool Street Stations, Finsbury Circus, Moorgate Station, Eleanor Street, Hackney & Abbey Mills and Wick Lane sewers, Seagull Lane, Plumstead and Hollow Hill Lane.

(f) Amendment of Provisions 3 Environmental Statement (APES3) – published 8 November 2006. Topics covered: Old Oak Common Depot, North Pole Depot, Royal Oak, Westbourne Park Passage, Eastbourne Terrace, Chilworth Street, Bond Street Station, Hanover Square, Newman Street, Denmark Street, Centre Point, Fox and Knot Street, Liverpool Street Station, Charterhouse Square, Lindsey Street, Hayne Street, Long Lane, Isle of Dogs station, Essex Wharf, Instone Wharf, West Ham, Cook's Road, Arsenal Way, Ilford Depot, Goodmayes Station, Westlands, Gidea Park sidings, Maidenhead Station, West Drayton Yard, Stockley Close, Hanwell Station and Clacton on Sea Depot.

(g) Since the publication of SES3, the Promoter has decided that some corrections need to be made to paragraphs relating to the noise impacts at the proposed Hanbury Street Shaft. The Promoter will publicise the corrections, as amendments to SES3 or possibly as a further supplementary ES, in the near future. There will also be a further environmental statement to accompany Amendment of Provisions 4.

5 Decisions of the committee

5.1 The committee initially decreed that it will not make any decisions until the end of its hearings. However, it made a ‘minded to’ decision on 14 March 2006, has issued a few procedural edicts, on 25 July 2006 issued a series of ‘interim decisions’ (which the Promoter replied to on 11 October 2006), on 1 March 2007 issued its decision on moving the depot and on 28 March 2007 issued its first decision ‘on the hoof’ in response to the petition of the Poplar Boat Dock Users’ Association. The minded to decision was issued on Day 16 (14 March 2006), when the committee decided that it was minded to agree to Islington Council’s plea that 38 Charterhouse Street not be demolished.

5.2 Procedural matters:

(a) The committee has announced a document numbering system but has not fully adhered to it. The promoter’s documents are each issued with a ‘P’ plus a sequential number in the order that they are exhibited and the petitioners’ documents get an ‘A’ plus a number.

(b) Crossrail are to issue responses to petitions at least 4 weeks in advance of an appearance before the committee, rather than the previously-notified two. Responses to petitions against additional provisions may be issued nearer to an appearance date and those for AP4 are expected to be issued only 2 weeks in advance.

(c) New documents are to be circulated by all parties at least 24 hours in advance.

(d) The promoter is able to give a closing statement at the end of each petitioner’s case followed by the opportunity for the petitioner to close their case. The promoter will still be able to make final closing submissions when the committee reaches its conclusion. David Elvin QC did this in relation to petitions against the main Bill and AP1, AP2 and AP3 on 28 March 2007. See section 8 for more details.

(e) The committee will not receive any written evidence that has not previously been presented to them orally (this may be reviewed for those that have not yet given evidence).

(f) The committee do not wish to hear evidence on historical public policy frameworks nor to be referred to public policy documents.

(g) The committee will not be offering a judgement on individual petitions until all petitions have been heard.

(h) The committee encourages negotiations to continue between the promoter and petitioners during the committee process.

(i) The committee will take advice on whether they have the power to award costs. In his closing, the Promoter submitted that they do not.

(j) When Ian Liddell-Grainger was in the chair he said on Day 21 that the committee did not have power to change the Shenfield terminus.

5.3 Interim decisions were issued in July 2006 and the Promoter responded to these in October 2006, on the following topics:

(a) provision of information,

(b) Smithfield Market Tenants’ Association,

(c) Charterhouse Street,

(d) EMI Music Publishing Ltd - Property at 12 Goslett Yard,

(e) Grand Central Sound Studios Ltd,

(f) Shenfield,

(g) London Borough of Havering – Romford Station,

(h) Southend Arterial Action Group,

(i) freight,

(j) Ealing Broadway,

(k) Paddington,

(l) Christchurch, Spitalfields and Bow Bell Church, Stepney,

(m) Spitalfields,

(n) Historic Buildings, Spitalfields,

(o) Alistair and Eleanor Ferguson, Gerald Collins and Mona Hatoum and Caroline Hamilton – Properties at 61 Princelet Street,

(p) Liverpool Street Station, and

(q) Greenwich – the need for a station at Woolwich.

5.4 On 19 October 2006, the Committee gave their response to the Promoter’s response to their Interim Decisions of 25 July 2006 in a statement read by the Chair, Alan Meale, where amazement was expressed at the refusal to abide by the decision that there should be a station at Woolwich. The Government maintained its position and the Committee made a Special Report to the House. The Committee then suspended its proceedings until the Government agreed to look at the issue again before the Committee had completed its sittings. On 10 March 2007 the Government announced that it would, after all, be promoting a station at Woolwich that would be subsidised by Berkeley Homes.

5.5 On 1 March 2007 the committee announced that it accepted the proposal to move the depot from Romford in the London Borough of Havering to Old Oak Common in the London Borough of Hammersmith & Fulham.

5.6 On 28 March 2007, on the same day as hearing the relevant petition, the Committee announced that it welcomed the Promoter’s suggestion of possible engineering solutions which would allow the Poplar Boat Users to remain in Poplar Dock and Blackwall Basin (save for a construction period of 4-8 months) and requested that the Promoter produce the necessary supplementary environmental statement and associated amendment to Clause 10 of the Bill (to be promoted in parallel with the Woolwich additional provision – AP4) to allow this.

6 Undertakings from the promoter

6.1 The promoter has tended to agree side undertakings with petitioners, many of which have not been made public. However, some of its undertakings have been given to the committee (set out below), and in December 2006 it issued a register of undertakings and assurances.

(a) Environmental Minimum Requirements,

(b) Car parking at Billingsgate Market,

(c) Station Control Room at Liverpool Street Station,

(d) Crossrail Information Paper, D18: Listed Buildings and Conservation Areas,

(e) access to Goslett Yard,

(f) traffic flows on roads adjacent to Abbey Wood Station and the forecasting model,

(g) disruption to North Kent line services during construction of the works,

(h) Crossrail rolling stock,

(i) mitigation of impact at Abbey Wood Station,

(j) local labour and business opportunity provisions,

(k) Crossrail Timetable Working Group (‘TWG’) Report,

(l) Crossrail Information Paper, H2: Railway Compensation,

(m) English, Welsh & Scottish Railways Ltd (‘EWS’),

(n) provision of additional car parking at Maidenhead Station and proposal for a worksite at Guard’s Club Park,

(o) an undertaking offered to the LB Tower Hamlets,

(p) Liverpool Street Station Ticket Hall – Impact on 100 Liverpool Street and the British Land Company plc,

(q) Association of Professional Recording Services and UK Post Limited – background noise surveys,

(r) Bombardier Transportation UK Limited - plant at Ilford, and

(s) London Borough of Havering – Access to Romford Station.

7 Promoter’s witnesses

7.1 The promoter has tendered twelve witnesses, most on several occasions. The witnesses are:

(a) Professor Robert Mair, on ground settlement and its effects;

(b) Rupert Thornely Taylor of Rupert Taylor noise consultants, on noise issues;

(c) Colin Smith, former MD of London Transport Property and now of Colin Smith Associates, on property and compensation issues;

(d) Keith Berryman, former acting Chief Executive of Cross London Rail Links and now Managing Director (Crossrail Bill), on engineering issues;

(e) David Anderson, Cross London Rail Links’ Head of Planning (Engineering Director as of April 2007), on planning issues;

(f) Dr Matthew Ireland of Mott MacDonald, on air quality assessment issues;

(g) Rob Colley of Drivers Jonas, on regeneration;

(h) Simon Dean, Equality and Consultation Advisor at Cross London Rail Links, on Crossrail’s consultation process;

(i) Tony Walter, Chief Engineer at Cross London Rail Links, on engineering issues;

(j) Alice Maynard, Inclusivity Advisor from Future Inclusion, on access for people with reduced mobility;

(k) Robert Watson, Chairman of the Crossrail Timetable Working Group, on timetabling; and

(l) Clinton Leeks, Corporate Affairs Director of Cross London Rail Links, on the Spitalfields Community Liaison Panel.

8 Promoter’s closing submissions

8.1 On 28 March 2007, the Promoter gave his closing submissions in relation to the Petitions heard before the committee to that date.  The submissions fell under the headings of:

(a) Environmental Minimum Requirements,

(b) environmental impact assessment,

(c) Århus and the Public Participation Directive,

(d) human rights,

(e) noise,

(f) settlement,

(g) compensation,

(h) petitioners’ costs, and

(i) the Access Option.

9 Information Papers

9.1 In December 2005, 63 information papers were published. Since then, the following additional information sheets have been published:

(a) Sheet G5 – Revised Depot and Stabling Strategy – was issued on 11 July 2006,

(b) Sheet G6 – London 2012 Olympic Games and Crossrail – was issued on 2 August 2006,

(c) Sheet H1 – Timetabling and Growth – was issued on 31 May 2006,

(d) Sheet H2 – Railway Compensation – was issued on 20 June 2006,

(e) Sheet H3 – Crossrail Access Option – was issued on 31 May 2006, and

(f) Sheet H4 – Railway Powers in the Crossrail Bill – was issued on 31 May 2006.

9.2 Of the 63 original information sheets, the following have been amended:

(a) Sheet A7 – Selection of the north eastern terminus – was amended on 17 January 2006,

(b) Sheet C8 – Purchase of property in cases of hardship – was amended on 19 July 2006,

(c) Sheet C10 – Land Disposal Policy – was amended on 25 April 2006,

(d) Sheet D3 - Excavated Material and Waste Management Strategy– was amended on 20 November 2006,

(e) Sheet D8 - Tunnel Construction Methodology – was amended on 28 April 2006,

(f) Sheet D18 – see paragraph 6.1(d) above,

(g) Sheet D22 – Archaeology – was amended on 24 June 2006,

(h) Sheet D23 – Sprayed concrete lining – was amended on 3 March 2006,

(i) Sheet D24 – Tunnelling Duration and Construction Strategy – was amended on 28 April 2006,

(j) Sheet E2 – Cycle Carriage and Cycle Parking – was amended on 29 January 2007,

(k) Sheet E5 – Provision for people of reduced mobility – was amended on 23 June 2006, and

(l) Sheet G3 – Hanbury Street – was amended on 28 April 2006.

10 Future Timetable

10.1 There is no published timetable for committee sittings at present, because this depends on the timing of the promotion of Amendment of Provisions 4 (AP4) and the number of petitions against it.

10.2 On 25 April 2007, the House of Commons will consider an instruction to the Crossrail Bill Select Committee to allow the committee to consider AP4.

10.3 The Promoter is aiming to promote AP4 on 17 May 2007, but this may prove optimistic. The committee hopes to conclude its deliberations by the summer adjournment, which provisionally starts on 26 July.

10.4 Once the Select Committee has finished in the House of Commons, a Standing Committee must be convened to consider the public aspects of the Bill. The Bill will then have its report stage and third reading on the floor of the House of Commons, before passing to the House of Lords. This is likely to happen in the autumn of 2007. The Lords will follow the same procedure as in the Commons: after a first and second reading on the floor of the House, there will then be a petitioning period for objections to any aspect of the Bill, a Select Committee will be convened to hear the petitions, then a Standing Committee, report stage and third reading. Provided the Bill has not changed since it left the Commons, it will then receive Royal Assent. This is expected to take place in early 2008, after which the provision of the Bill will be effective.