Waverley Railway (Scotland) Bill Committee, 27 Feb 2006
Meeting date: Monday, February 27, 2006
Official Report
561KB pdf
Item in Private
Good morning. I welcome witnesses, their representatives and members of the public to the sixth consideration stage meeting of the Waverly Railway (Scotland) Bill Committee. This is our fifth meeting in 2006 and our fourth oral evidence-taking meeting.
On 28 September 2005, the Parliament agreed to the bill's general principles and agreed that it should proceed as a private bill. During the consideration stage, the committee considers the detail of the bill and objections. Our job, which we take very seriously, is to listen carefully to the arguments that are put forward by the promoter of and objectors to the bill and ultimately to decide between any competing claims.
The committee has received all the written evidence that the groups of objectors and the promoter have submitted. I thank all parties and, in particular, the objectors—especially those who have, shall we say, no professional support—for all their assistance in accommodating our evidence timetable and for complying with the deadlines for submitting written evidence. We are aware of the demands that are placed on you in that regard and appreciate your efforts.
Today we will hear oral evidence on seven groups. Broadly, every witness that has contributed fully to the written evidence process will face the same three-step process. First, he or she may be questioned by their representative; secondly, the witness may be questioned by the opposing side; and, finally, the witness may be questioned again by their representative. That final step should be restricted to matters that have been covered in cross-examination. The committee can, of course, ask questions whenever and of whomever it wishes—and will probably do so.
Witnesses do not need to state their name, job title or qualifications, because we have that information in the written evidence. Written and oral evidence have the same value.
We have a full agenda today and the committee will greatly appreciate the assistance of all participants in making progress through it. I remind everyone to restrict themselves to necessary questions on issues that remain in dispute. Witnesses should refrain from repeating points that they have made in their written evidence, which members have before them. Questions and answers should be to the point, and the use of overtechnical language is discouraged.
As the Parliament has agreed in principle that there will be a railway, questions on the merits or otherwise of the railway are inadmissible. We are now concerned about the detail of objections. The committee does not expect—and will, except in exceptional circumstances, not permit—documents to be circulated that it has not previously seen. If objectors or the promoter need to give us an update, they shall be invited to say a few words at the commencement of their oral evidence. Both parties will be offered a maximum five minutes each in which to make any closing comments.
We wish to ensure that fairness is shown to the promoter and the objectors. This is not a court of law and we will conduct our proceedings in a more informal manner with some flexibility to take account of the backgrounds of the witnesses and their representatives. We expect all parties to act respectfully to one another and to the committee.
Members of the public are, of course, welcome to watch our proceedings. Equally they may leave the meeting at any time, but I ask them to do so quietly. Although the meeting is being held in public, it is not a public meeting. It is the formal work of the Parliament and we would appreciate everyone's co-operation in ensuring that business is conducted properly.
Should objectors who are following our proceedings reach an agreement with the promoter that leads to the withdrawal of their objection, they must inform the committee. A letter to our clerk stating that they are withdrawing will be sufficient. We will then give no further consideration to that objection.
Again, I urge all parties, particularly the promoter, to maximise their efforts in entering into open and constructive dialogue with a view to reaching agreements and ensuring that objections are withdrawn. Our strong and continuing desire is to ensure that every effort is made to reach agreements. I understand in that respect that agreement has been reached with groups 33 and 35, which were to be considered today.
I inform all witnesses that once they have taken the oath or made an affirmation, the effect will apply throughout the proceedings. Finally, I ask everyone to ensure that all mobile phones and pagers are switched off.
Under agenda item 1, I invite the committee to agree to take in private item 3 to allow us to consider a private paper on the committee's approach to the further consideration of preliminary stage issues. It is normal practice for matters such as the identification of witnesses and timetabling issues to be discussed in private. However, the committee's decisions will be publicly recorded in our minutes. Are members agreed?
Members indicated agreement.