On Wednesday 29 July in the High Court, Mr Justice Sullivan will hand down his long awaited judgement on the secrecy of the contract behind the controversial Birmingham Northern Relief Road (BNRR). Not only will this be an important decision for the future of the country’s first proposed toll road, but it will also set a landmark precedent for future Private Finance Initiative deals. Which comes first: Private Profit or Public Scrutiny?

Back on 1 May a group of residents, the Alliance Against the BNRR (1), began a Judicial Review into the Department of Transport’s and the private contractor Midland Expressway’s refusal to make public the BNRR concession agreement. It is widely believed that the secret concession agreement contains illegal clauses that forced the Secretary of State, John Prescott, to give the controversial BNRR (2) 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 their environment is justified and above board.

Should the Alliance win and disclosure of the agreement reveal illegal clauses or other information, the Alliance’s second legal challenge to get the road scrapped altogether (known as a "Quashing Order") will be further strengthened. In addition, the case will forever stop the practice of Government and private business using mutually self-declared secrecy as a smoke screen to hide behind.

Charles Bradshaw-Smith, Chair Alliance Against The BNRR said

Representatives from the Alliance will be attending the hearing at the High Court in the Strand. It is believed the hearing will begin at 10:30am.

1. Alliance Against The BNRR is a coalition of resident’s organisations along the route of the BNRR whose aim is to stop the motorway being built. The Alliance has wide spread support and has raised funds for its legal challenge from: residents, 11 councils and well-known environmental organisations.
2. The 27-mile BNRR (the UK’s first private toll road) is the largest and most controversial new road in the country. At the Pubic Inquiry, the weight of opposing evidence ensured that the inquiry was the longest in history. The Contract to build the road was signed in 1992 - before the Public Inquiry began.
3. 27 miles of Green Belt will be destroyed; two Sites of Special Scientific Interest damaged; local jobs will be risked (4); motorists will join yet longer traffic queues as the West Midlands conurbation sees increased congestion; and another opportunity to solve the region’s traffic problems will be wasted by national and local leaders.
4. A recent House of Commons SACTRA report (an independent committee of experts) warned that new roads in mature economies allow large external companies easy access to local markets thus reducing local jobs.