Crossrail Bill

Lords amendments Nos. 2, 28 and 30 give effect to the recommendations of the Delegated Powers and Regulatory Reform Committee. Before I continue, it is appropriate for me to offer my gratitude to the usual channels, my right hon. and learned Friend the Leader of the House and right hon. and hon. Opposition Members for agreeing that this Bill be returned to the Commons today so that Members can agree to the Lords amendments. I am grateful to the Delegated Powers and Regulatory Reform Committee for its consideration of the delegated powers contained in the Crossrail Bill and for its report of 31 January this year. The Committee made three recommendations in respect of the powers of the Secretary of State to make secondary legislation under the Bill. The first recommendation related to clause 60(1), which in turn relates to the power of the Secretary of State to devolve functions to the London government. As the Committee noted, clause 60(1) confers what is, in effect, a Henry VIII power to modify references in the Act to the Secretary of State to references to the Greater London authority, Transport for London, or both, and to make consequential provision that may include modifying the Crossrail Act. The second and third recommendations both related to secondary legislation that makes provision about arbitration. Clause 20 modifies the operation of sections 60 and 61 of the Control of Pollution Act 1974, so that appeals relating to noise emanating from construction sites are determined by the Secretary of State or—if the parties agree—by arbitration, rather than by a magistrates court. Clause 20(4) enables the Secretary of State for Transport and the Secretary of State for Environment, Food and Rural Affairs, acting jointly, to make regulations about the procedure in relation to such arbitrations. Such regulations would be made by a statutory instrument not currently subject to a parliamentary procedure by virtue of the Bill. Clause 63 makes provision for the arbitration of disputes under the Act, unless otherwise provided for, such as in the example that I have just mentioned. Subsection (5) enables the Secretary of State for Communities and Local Government and the Secretary of State for Transport, acting jointly, to make rules about the arbitration by procedure. Those rules will be made by a statutory instrument that is not currently subject to a parliamentary procedure in accordance with the Bill. The Committee recommended that since one or other of the Secretaries of State might be a party to an arbitration arising from the Bill, arbitration rules made under clause 20 or clause 63 should be subject to the negative resolution parliamentary procedure. Having carefully considered the report, the Government agreed with what the Committee proposed in each case. Lords amendment agreed to.