ALLIANCE AGAINST THE BNRR

PRESS RELEASE

Immediate Release: Wednesday 29 July 1998

RESIDENTS WIN COURT BATTLE OVER MIDLANDS TOLL ROAD

 Judge quashes Government ruling on ‘secret' contract and tells them to reconsider

 The Alliance Against the Birmingham Northern Relief Road has won its High Court Battle with the Government over a secret contract between the Department of Transport and Midlands Expressway the consortium that wants to build the Birmingham Northern Relief Road. The judge has:

• Ruled that there is no reason in law why the entire concession agreement can't be made public;
• Quashed the decision by the Secretary of State for Transport and the Environment refusing to make the concession agreement public, and told the Secretary of State to reconsider his decision;
• Ruled that the definition of commercial confidentiality as argued by Midlands Expressway was too wide.

 The Alliance is now writing to the Secretary of State, John Prescott, asking to see the entire concession agreement. It hopes to use the information in the contract as part of a second legal challenge to prevent the building of the controversial 27 mile road. An appeal will be considered by the Alliance if the Government refuses.

 Charles Bradshaw-Smith, Chair Alliance Against The BNRR said

 "We are delighted. We always knew we were right to demand sight of this contract. The DETR and Midland Expressway knew we were right too, but they had something to hide so fought us every step of the way. Now that the judge has ruled that there is no legal reason why we shouldn't see this document, we will write to Mr Prescott and demand to see the entire document and find what dark secrets they wanted to keep from the public gaze. We firmly believe that we can still stop this ill-conceived and environmentally destructive road."

Gerald Kells, Transport Campaigner for West Midlands Friends of the Earth said

"We are delighted with the High Court's decision. The ball is now in the Government's court. If they really believe in open and straightforward Government they must make the entire agreement available for public scrutiny."

Charles Bradshaw-Smith 01543 481422 0836 647585

Gerald Kells 01922 636601

On 1 May the Alliance Against the BNRR, began a Judicial Review into the refusal by the Department of Transport and Midland Expressway to make public the BNRR concession agreement. It is widely believed that the secret contract contains illegal clauses that forced the Secretary of State, John Prescott, to give the BNRR the go-ahead on 28 July 1997, despite Labour's promises - when in opposition - not to build the road.

It is the Alliance's belief that under the 1992 Environmental Information Regulations, such contracts ought to be published so that the public can satisfy itself that damage to the environment is justified and above board.

The Alliance will use any relevant information in the concession agreement in its second legal challenge to get the road scrapped altogether. The Alliance will consider an appeal if the Government refuses to make all the concession document public. Nevertheless, the case has already forced the DETR the stop the practice of Government and private business using mutually self-declared secrecy as a smoke screen to hide PFI deals behind. On 23 July, in anticipation of the judge's ruling Lady Hayman changed the secrecy rules for DETR Contracts.

Charles Bradshaw-Smith 01543 481422 0836 647585

Gerald Kells 01922 647585