Edinburgh Tram (Line Two) Bill Committee, 21 Sep 2005
Meeting date: Wednesday, September 21, 2005
Official Report
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Late Witness Statements
Good morning. I welcome the press and public to the 11th meeting this year of the Edinburgh Tram (Line Two) Bill Committee. I begin with my customary request that everyone present switch off their mobile phones and pagers.
The first agenda item is to consider correspondence from Davidson Chalmers LLP, the solicitor acting on behalf of Mrs Dalwinder Kaur, an objector to the bill. They have sent the committee two letters, which are dated 22 August and 9 September and which in essence request that Mrs Kaur be allowed to submit late witness statements to the committee, having failed to meet the deadline that was set. The letters set out the reason for Mrs Kaur's witness statements being submitted late. Basically, her legal representatives say that they were given assurances by the promoter that the objection was being taken into account and that they would receive a reply before the consideration stage. The full background, including a letter that Mrs Kaur received from the promoter, is also provided.
Apart from her original objection, Mrs Kaur has not provided any written evidence to the committee, despite being sent by the clerk letters that outline the process during consideration stage; indeed, three letters were sent. Consequently, the committee decided that she would not be able to provide witness statements or oral evidence. That is the same decision that we took in respect of a number of other objectors who had not corresponded with the committee. The committee is still scheduled to take evidence on the objections that were submitted by Mrs Kaur from witnesses for the promoter. The committee will, on the basis of all the evidence, come to a decision on that objection, as it will for every outstanding objection at consideration stage.
Given the correspondence that is before us, I invite members to discuss whether we should accept the late witness statements that have been provided. If we do that, the committee will seek further written information from the objector and the promoter. If it becomes apparent that it will be necessary to take further oral evidence, that will have to be scheduled into our existing timetable. I remind members that we are not considering the merit of the objection, but simply whether there is a compelling reason for witness statements to have been provided late. I point out to members that precedent in matters such as this is that we have not considered such objections. Should we do likewise in this case?
Members indicated agreement.
The clerk will write to Mrs Kaur's representatives to inform them of the committee's decision.