Friends of the Earth Birmingham Action Briefing Jun 98/Jul 98

BNRR Update

BNNR Campaign goes to the High Court

Well then the BNRR campaign moves apace. On May 1st 1998, the 1st anniversary of the Blair victory, the BNRR campaign crashed through the doors of the High Court in London.

Very quickly it became obvious that it would not be over in a day and that it would take quite a lot of hard work to get it finished by the end of the following week. The Judge, Justice Sullivan has a history of transport related work. The main basis of this case is to force the government and Midlands Expressway Ltd (MEL) to make public the concession agreement which forms the basis of the contract for the construction and operation of this road. We know there are 'punitative compensation clauses' within the concession agreement which would be payable to MEL if for some reason the road were never to be built. It is those clauses which it is hoped will be opened up for public scrutiny.

The events of May 1st received extensive media coverage and local people from the line of the road hired a coach and attended the first day's proceeding. It had been predicted that the case would only last a day and that the decision would be made in advance of the return trip. This was not to be the case and further early morning ventures down to London were made by members of the Alliance Against the BNRR. So it came to the following Friday and the Judge adjourned the case indicating to MEL's pain that he himself wanted to read the document. However he also indicated to their great joy that he was minded to say that the compensation clauses were commercially confidential. This is a great disappointment not only for the BNRR campaign but all other contracts between the government and private companies and the ability of the public to scrutinise where literally there money is going. So the events of early May have struck hard at the centre of government and the law of the land.

We are now told that the Judge will announce his decision as to whether or not the concession document should be disclosed to parties on June 2nd. (After the copy date for this newletter). So we may know the outcome of this first stage in the legal battle over the BNRR.

BNRR campaigners stalk MEL

Thanks to an anonymous tip off, MEL came to town and were greeted by banner waving locals.

The East Mercia Chamber of Commerce and Industry invited MEL to the Roman Way Hotel, Cannock to present to their members the story in all its glory as to how they were going to build the road. The locals of Norton Canes turned up with the huge 'MEL's Wealth or Our Health' banner. This was tracked by local press and Central TV. It ensured that MEL didn't have it all their own way and by all accounts didn't sound most confident in their own project.

Meanwhile down on the Camp...

Recent news articles may have drawn your attention to the Camps along the route of the proposed BNRR.

Basically the police marched onto the camps and handed all of the residents, information warning them that in the event of any casualties as a result of any evictions which may or may not take place, the residents of the camps would be responsible. This could involve charges being brought against the residents. To quote the WARNING NOTICE:-

You should be aware that in the event of a death or serious injury, occurring as a result of any tunnel, shaft, fortification or other device, a major criminal enquiry would be conducted by the Police. Any person shown to have carried out such works or to have incited, conspired towards or aided and abetted such works would be liable to arrest and prosecution.

This is the first time this sort of notice has been served on any protest camp and legal opinion is being sought as to the implications of this notice.

Local camp support groups are being set up the first two being Moseley and Erdington. A public meeting in Erdington is planned for June 4th while a masive public meeting to inform the people of Sutton Coldfield as to the latest developments on the whole of the campaign is being organised by Sutton Coldfield WWF.

Latest info

For the latest info on the BNRR campaign, the camps and what YOU can do to help, phone MASH (Midlands Against Super Highway) on 07970 932224 or 07970 301978.

Visitors to the camps are very welcome. Greenwood Camp can be found along the A38 between Bassett's Pole & Weeford: catch the 105 bus to Roughley from Bull St or Corporation St. Get out at the last stop, walk up Weeford Road away from Birmingham, up the slip road and you'll find the camp 1 mile up the A38 by the ARC quarry.