Question
Whether the hybrid bill procedure for the Crossrail Bill is fully compatible with the European Union Directives on Environmental Impact Assessments 85/337/EC, 97/11/EC and 2003/35/EC in respect of: (a) the implied terms of the exemption in Article 1(5) for projects authorised by a specific act of national legislation, as interpreted by the European Court of Justice; (b) the requirements of Article 6 (consultation with statutory authorities and the public), Article 8 (consideration of responses) and Article 9 (reasons for decisions); and (c) the public consultation exercise now being undertaken by the Office of the Deputy Prime Minister on the draft Town and Country Planning (Environmental Impact Assessment) (England) (Amendment) Regulations 2005, required in order to implement European Union Directive 2003/35/EC on public participation in decision-making.
Answer
The Crossrail hybrid bill is being managed with the advice of Parliamentary Agent and Counsel, in consultation with House authorities, taking full account of requirements of the Directives. This includes ECJ judgements on the requirements to be met for Article 1(5) to apply. The bill management measures being taken are not limited to meeting the requirements of Standing Orders. Additional measures being taken include: (i) the current public consultation on the Environmental Statement, with the deadline for comments prior to Second Reading now extended to 10 June; (ii) the use of Commons Third Reading as an additional opportunity to consider public comments on the Environmental Statement; and (iii) the provision at a suitable stage during the bill process of the reasons for decisions. The hybrid bill process as a whole, including these additional measures, provides public participation in decision making.