Committee
Edinburgh Tram (Line One) Bill Committee and Edinburgh Tram (Line Two) Bill Committee (Joint Meeting), 14 Jun 2005
14 Jun 2005 · S2 · Edinburgh Tram (Line One) Bill Committee
Item of business
Edinburgh Tram (Line One) Bill and Edinburgh Tram (Line Two) Bill: Consideration Stage
Good morning, ladies and gentlemen. I welcome the press and public to the first joint meeting this year of the Edinburgh Tram (Line One) Bill Committee and the Edinburgh Tram (Line Two) Bill Committee. I have apologies from Jamie Stone, who—sadly—cannot be with us as he is attending a funeral. Under rule 9A.5.6 of standing orders, that has procedural implications for the Edinburgh Tram (Line One) Bill Committee, which it can consider at its next meeting.Consideration stage—the current stage—involves the committees considering the detail of the bills. Our job is to listen to the arguments of the promoter and objectors and ultimately to decide between any competing claims. Both committees consider that task to be serious.I record both committees' thanks to objectors, the promoter and all witnesses for their written evidence, which will be invaluable as we consider oral evidence today. I welcome to the meeting all those who will give evidence today. The committees will hear evidence on seven objections that are identical to both bills. The joint objectors attended a timetabling meeting in May at which the procedure for taking oral evidence was explained and the order for evidence taking was agreed.For each objection, the committees will hear first from all the witnesses for the promoter and then from all the witnesses for the objector. The promoter and lead objectors have also brought representatives who will question their respective witnesses and cross-examine the other side. For three objectors, the promoter has proposed the same five witnesses on route selection. Each objector will cross-examine those five witnesses in turn.Following completion of each group's oral evidence, the committees will give the promoter's representative a maximum of five minutes to make closing comments. The committees will then give the objector's representative five minutes to make any closing comments. I stress that such closing statements should introduce no new issues or evidence.The committees intend to complete evidence taking from seven groups today. For ease of reference, I will use the group numbering that was assigned for the Edinburgh Tram (Line One) Bill. We have the written evidence—witness statements and rebuttals—and copies of the background documents to which that evidence refers, so I remind all witnesses that they must not repeat points that have been made in written evidence, unless they are required to answer questions directly. I stress that we have all the written evidence and that it will all be taken into consideration when we reach a decision.The committees are well aware that this is the first time that oral evidence has been taken on either bill at consideration stage. I am sure that all parties would welcome clearness and brevity in questions and answers.The committees wish to be fair to both the promoter and the objectors. Of course, this is not a court of law and the committees will conduct their proceedings more informally. The procedures that we will follow will have some flexibility to take account of the backgrounds of witnesses and their representatives. The committees expect all parties to respect one another and the committees, although I am sure that no problem will arise with that.The public are welcome to watch our proceedings. They may leave the meeting at any time, but I ask them to do so quietly, please. The meeting is being held in public, but it is not a public meeting. It is part of the Parliament's formal work, so I would appreciate the co-operation of the public in ensuring the proper conduct of business.I will touch on other matters before we hear oral evidence. As some will be aware, the City of Edinburgh Council agreed on 2 June to recommend to the committees some realignments to the proposed tram routes outwith the limits of deviation. One of those realignments relates to the Haymarket Yards area. I remind all present that neither committee has considered whether the promoter's proposed alternative route has merit. If the committees agree that there is merit in examining the promoter's suggested alternative alignment, they will be obliged to seek the views of all those who could be affected. Those could include existing objectors, who might have new grounds of objection, and prospective new objectors, such as those who did not object to the bills but whom the proposed changes might affect.Only when each committee reports separately at the end of phase 1 of consideration stage will its decision on the most suitable alignment in that area be publicly known. Such a recommendation will be made on the basis of evidence that the committees receive from objectors and the promoter. Today's meeting is necessary for the committees to take oral evidence on the outstanding objections to the current proposed route at Haymarket.I remind all present that all evidence must relate to the original objections, which were to the alignment that is proposed in the bills. To assist members in considering some of the objections, copies of the four alternative route alignments have been provided, together with a map of the area.Members may have observed that some witness statements refer only to the Edinburgh Tram (Line One) Bill, but I make it clear that all the written evidence that has been provided for the meeting is relevant to both bills.It has been brought to the attention of both committees' conveners that some of the documentation to which witness statements and rebuttal statements refer was supplied after the deadline for submitting written material. As I am sure the objectors and promoter will acknowledge, delays in providing written material may impact on the work of the committees and on the ability of the objectors and the promoter to participate in proceedings. I put it on the record that that situation will not be tolerated in the future. The objectors and the promoter should meet the deadlines that the committees have agreed.I ask that everyone ensures that their mobile phones and pagers are switched off.We now move to consideration of evidence on group 5 objections, from Haymarket Yards Ltd. The first four witnesses for the promoter on group 5 are Gary Turner, Archie Rintoul, Andrew Oldfield and Rahul Bijlani. Before we commence evidence taking, the witnesses will individually take the oath or make solemn affirmation.Gary Turner, Archibald Rintoul and Andrew Oldfield took the oath.Rahul Bijlani made a solemn affirmation.
In the same item of business
The Convener (Bill Aitken):
Con
Good morning, ladies and gentlemen. I welcome the press and public to the first joint meeting this year of the Edinburgh Tram (Line One) Bill Committee and t...
The Convener:
Lab
Gentleman, you are clearly all now bound by the terms and conditions of your oath.The first witness is Gary Turner, who will address the issue of frustration...
Malcolm Thomson QC (Counsel for the Promoter):
It had not been my intention to set out at the beginning the areas of dispute, because those appear to me to be apparent from the statements and rebuttals th...
The Convener:
Lab
You will appreciate that I am trying to keep the meeting as tight as possible. It might be useful if you briefly highlight the issues that are now in dispute.
Malcolm Thomson:
The objector raises five objections. One of them is the alternative route question, which I understand we will not deal with at this point. It is apparent fr...
The Convener:
Lab
Thank you, Mr Thomson. Mr Turner will now come into play. Do you have questions for him?
Malcolm Thomson:
No.
The Convener:
Lab
I call Mr Carruthers.
Kenneth Carruthers (Counsel for Haymarket Yards Ltd):
Mr Turner, I seek to put your evidence in context. Essentially, your witness statement proceeds on the basis that lines 1 and 2 follow the parliamentary alig...
Gary Turner (Mott MacDonald):
That is correct.
Kenneth Carruthers:
Against that general background, perhaps we can look at the areas that you helpfully identified in your rebuttal statement. The first area is the implication...
Gary Turner:
That is my understanding.
Kenneth Carruthers:
To the east, we have plot 284A and to the west plot 280. Am I correct in saying that that is referred to as a transportation reservation in the adopted local...
Gary Turner:
Yes.
Kenneth Carruthers:
In his evidence, Mr Robinson, who is the witness for Haymarket Yards Ltd, makes reference to the land as being reserved in a section 75 agreement for transpo...
Gary Turner:
So I believe, yes.
Kenneth Carruthers:
In your original witness statement, you refer to a number of reasons why the land could not be used for the proposal that was put to Haymarket Yards Ltd in D...
Gary Turner:
Yes. The reference was made not so much to the plot that is immediately in front of Haymarket Yards but to the adjoining plot, particularly the plot that is ...
Kenneth Carruthers:
My understanding of your witness statement is that you said that the planning authority did not want the land to be used for any development—the relocation o...
Gary Turner:
No. I think that there has been a misunderstanding. The proposals that we are undertaking for mitigation at Haymarket Yards is that the same plot of land wou...
Kenneth Carruthers:
The purpose of my question was simply to ascertain the status of the transportation corridor and whether you are willing to entertain any development on that...
Gary Turner:
There are two issues. First, the realignment will be addressed later and might not come to fruition. However, if it does, the powers that are being sought in...
Kenneth Carruthers:
I do not want to labour the point at the start of today's proceedings. A proposal was put to you in December that involved moving the access road to the Haym...
Gary Turner:
No. As a result of more recent discussion with Haymarket Yards Ltd, there is a proposal for a layout in which the access road would be in the reserved corrid...
Kenneth Carruthers:
That is a possible alternative, if the difficulties with parking associated with the parliamentary alignment are impossible to overcome.
Gary Turner:
Yes. The promoter wrote to Haymarket Yards Ltd with the proposal. I stress that the proposal would involve relocating the access road locally into the reserv...
Kenneth Carruthers:
Let us move on. The next outstanding issue in your rebuttal statement is the defensibility of the two alternative schemes, by which I mean the Haymarket Yard...
Gary Turner:
Yes.
The Convener:
Lab
Mr Carruthers, I am a little concerned that we might be straying slightly. We are obviously aware that other things are going on, but some of your questionin...
Kenneth Carruthers:
Sir, that might be a recurring theme during today's proceedings. I am acutely aware that we are here to consider the implications of the parliamentary alignm...