Posted 22nd January 2014 | 11 Comments
Now HS2 protestors may take their case to Europe
SEVEN judges in the Supreme Court have unanimously dismissed appeals lodged by anti-HS2 protestors on environmental grounds, but the protestors say they will now take their case to international tribunals.
The protestors, who included the HS2 Action Alliance as well as local councils and Heathrow Hub Ltd, had claimed the Government had failed to comply with a European Directive which covers environmental assessments, but they had already lost their arguments in lower courts, most recently in the Court of Appeal. They had been given permission to appeal again, this time to the Supreme Court, which sat for two days last October.
Transport minister Baroness Kramer said: "We welcome that the Supreme Court has unanimously rejected the appeal, which addressed technical issues that had no bearing on the need for a new north-south railway. The government’s handling of the project has been fully vindicated by the highest court in the land.
"We will now continue to press ahead with the delivery of HS2. The new north-south line will provide extra space for more trains and more passengers to travel on the network, delivering additional capacity where it is most needed. HS2 will also generate thousands of jobs across the UK and provide opportunities to boost skills.
"It is part of the government’s long-term economic plan to build a stronger, more competitive economy and secure a better future for Britain. HS2 is also essential in helping rebalance UK growth - bringing greater prosperity to the Midlands and the north - and we are continuing with the crucial business of getting the scheme ready for construction in 2017.”
However, the HS2 Action Alliance said it will now complain to the Aarhus Convention Compliance Committee in a bid to establish that the Supreme Court’s 'restrictive approach' was contrary to the Convention. The Committee has the power to find that the Supreme Court’s decision leaves the EU and/or the UK in breach of their UN Treaty obligations.
The group is also planning to bring a complaint to the European Commission. If this complaint is accepted then the Government can be taken to the European Court of Justice.
HS2AA director Hilary Wharf said: “We always knew this would be a long fight. We will continue to press the Government to meet its environmental obligations. The Government should be safeguarding our environment for future generations and the simple fact is HS2 is an unnecessary and hugely damaging project environmentally.”
Meanwhile, Centro chief executive Geoff Inskip said the Supreme Court decision was 'excellent news for the West Midlands' as High Speed rail would provide jobs and economic growth. He added: “It is essential we press on and build HS2 without delay."
Reader Comments:
Views expressed in submitted comments are that of the author, and not necessarily shared by Railnews.
Andy, Leeds
What's the next stop after the UN, the United Federation of Planets?
Peter Davidson, Alderley Edge/NW.England
The High Speed Rail Bill is Hybrid - Hybrid Bills are unique in that they can be held over between Parliaments, ie, they just take up where they left off before the General Election. I believe the Hybrid Bill for CrossRail was spead across two Parliaments?
In fact, it's looking quite doubtful that the High Speed Rail Bill will receive Royal Assent before the next General Election - in a way this is a good thing because it will enable the democratic mandate curently enjoyed by HS2 policy (99% of votes cast in the 2010 Election were in favour of parties carrying a commitment to High Speed Rail) to be renewed, when of course, the electorate once again (flying in the face of anti-HS2 campaigner's urgings) endorses those very same parties.
Michael, London
bla bla bla TO EUROPE??
to the ECHR?
to the ECHJ?
to the European Commission?
to the European Parliament?
to the European President?
to the European...??
WE ARE IN EUROPE, a part of EUROPE, so are you implying we are taking it to ourselves?
vague random comments are nothing but jingo-ism, xenophobia, and racism. Shame on the author of their article, I pity you.
('Europe' in this context was no more than the customary shorthand which is necessary if headlines are to fit. The story below made the proposed plans of the protestors clear, and did not imply that the United Kingdom is not a member of the European Union.--Editor.)
Chris Neville-Smith, Durham, England
"If so the HS2 legislation will not have cleared its path through the Commons and Lords and have to start again after the Election."
Procedurally, that's no different to a hybrid bill when a session of Parliament expires. All that happens is that the bill is introduced, goes straight through first and second reading, and then the committee stage carries on from where it left off.
There are still things that can stop or severely delay HS2 up to the point where construction begins, but a general election isn't one of them.
Tony Pearce, Reading
The protestors who are using Court Action are probably wasting their time and money. The decision on HS2 will be decided on something not yet on everyone's Radar. For example the cost of Farm Land went up apparently 11% last year and is rising. So are House prices. That may mean 11% at least on the overall Compensation Bill. Another problem is the LibDems and Tories may fall out before the General Election date meaning that it has to be held early. If so the HS2 legislation will not have cleared its path through the Commons and Lords and have to start again after the Election.
John Gilbert, Cradley, Herefordshire
These people have no interest at all in the welfare of the UK as a whole, merely their own selfish parochialisms. One cannot but believe that, were the views of people like these to govern the country's actions, we should still be painted in blue woad and living in caves.
Melvyn Windebank, Canvey Island, Essex
How ironic that those who asked about our EU membership would demand a referendum because they want OUT and yet they now propose going to Europe - wonder if they will use Eurostar via HS1 or polluting aircraft ?
Surely its time Eric Pickles so called Community Secretary called a halt to funding of these anti HS2 organisations unless councils held a referendum to gain authority! Especially as this will incur spending in another country.
The reality is they get far more publicity than their numbers warrant and all they are doing is wasting time that could be better spent working with HS2 to like with HS1 get more trees planted and work with planners when it comes to sensitive areas or historic buildings as if they don't they will wake up to the ugly fencing sections of HS1 has next to C2C !
The fact is HS2 gained a 10 to 1 majority for its paving bill from both sides of the house but their continued actions will make them really look like NIMBYS unconcerned about the rest of the country or the economy of Great Britain !
Tony Pearce, Reading
There are basically two groups of 'protestors'. The first are residents in the affected area who are fighting at all costs not to have their locality altered. The other group, which includes organisations like the National Trust, are engaged in discussions how the line can be altered, moved slightly or sunk in cuttings or tunnels so their property is not very much harmed. Although some very important Nature Sites are effected (including Sites of Special Scientific Interest) there may not be room to compromise very much.
Chris Neville-Smith, Durham, England
Oh well, so much for the claim that it's the bad bad EU making us build HS2.
Ian Bartlett, Chesham, UK
The anti HS2 campaign badly needs to have a rethink. To think that an outcome at the Aarhus Convention Compliance Committee will be any different to the previous failed attempts is the stuff of fantasy.
I expect Councils in 51M to think very hard about whether to do this; it is simply a waste of Council Taxpayers' money at a time when councils are slashing services. In Buckinghamshire, essential bus services are being cut while the Council leadership chucks away money on this. This really is behaviour which demands council resignations.
Pete, Manchester
I'm sorry, but this really is getting beyond belief.
The Supreme Court appeal was widely trailed as the 'last chance' for the anti's to force a review of Phase 1. The appeal has been unanimously rejected and it is time to move on. Objectors need to engage properly on environmental mitigation and accept that the project is going ahead.
As a higher-rate taxpayer living and working in the North of England, I am very unhappy that bodies including Camden and Buckinghamshire Council's continue to use public funds to object to this desperately needed capacity boost.
In my neck of the woods we welcome Sir David Higgins review on speeding up the construction timescale and very much hope that services on Phase 2 will start in the mid to late-2020's.