HS2 ~ Nothing to hide: nothing to fear ?

In March 2011, a Major Projects Authority (MPA) was created by the government in order to enhance scrutiny of major projects. The MPA prepared a report - (the Project Assessment Review or PAR) - on the High Speed Rail 2 (HS2) which, reportedly, raises concerns about the project (Telegraph 30th January).  In June 2013, the Information Commissioner issued a Decision Notice relating to this report - Decision Notice  FER0467548

The Commissioner found that the request should have been considered under the Environmental Information Regulations 2004 and disclosure of the report was ordered.

The government has now used

Lobbying - a controversial matter

It is a natural thing in a democracy that individuals seek to influence politicians with a view to getting some new law enacted or an existing law repealed or amended.  The practice of Lobbying - especially of Ministers by business interests - has grown significantly.  It is said that it is a £2 billion industry!  Prior to becoming Prime Minister, David Cameron spoke said that - “It’s an issue that . . . has tainted our politics for too long, an issue that exposes the far-too-cosy relationship between politics, government, business and money.”   According to Cameron at that time, it was necessary to come "clean about who is buying power and influence.” 

In the near future, the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill  - ("Lobbying Bill") - will receive Royal Assent.  The Bill:

• introduces a statutory register of consultant lobbyists and establishes a Registrar to enforce the registration requirements
• regulates more closely election campaign spending by those not standing for election or registered as political parties 
• strengthens the legal requirements placed on trade unions in relation to their obligation to keep their list of members up to date.

The Bill has been highly controversial

"Skipping" ~ Dogs ~ GCHQ ~ Opposing legal aid cuts ~ Lobbying

The Crown Prosecution Service (CPS) has decided that it is in the public interest to prosecute three men under the Vagrancy Act 1824 section 4.   The story is in The Guardian 28th January - "A man will stand trial next month after being caught taking some tomatoes, mushrooms and cheese from the dustbins behind a branch of Iceland."   This rather old legislation was enacted in the aftermath of the Napoleonic Wars (Wikipedia) of 1803-15.   Usually, in recent times, the Act has been used to prosecute homeless individuals found in deserted buildings etc.  Those who may be prosecuted under the Act include:

" .... every person being found in or upon any dwelling house, warehouse, coach-house, stable, or outhouse, or in any inclosed yard, garden, or area, for any unlawful purpose; ...."

HS2 ~ Why the challenges failed in the Supreme Court

By using the method of a Hybrid Bill in Parliament, has a coach and horses been driven through the European Union's directives aimed at ensuring that important projects are subjected to environmental assessment?  A judicial review of the government's DNS document - High Speed Rail: Investing in Britain's Future - Decisions and Next Steps (Cm 8257, 10th January 2012)- failed in the High Court, the Court of Appeal and now in the Supreme Court.  Judicial review is concerned with legality and not merits.  HS2 may or not be a good idea but the court is not concerned with that.

The previous posts (25th January) and 24th January looked at some of the legal materials at play in the Supreme Court's decision regarding the High Speed Train - High Speed 2 Alliance v Secretary of State for Transport [2014] UKSC 3 - Press Summary

The HS2 judgment - some background information

I have wrestled with the UK Supreme Court's judgments in the High Speed case - (see previous post and  - High Speed 2 Alliance v Secretary of State for Transport [2014] UKSC 3 - Press Summary ).  The judgments are not easy reading and they are inexplicable without, at least, some knowledge of matters such as the Aarhus Convention and two European Union Directives concerned with environmental protection:

Aarhus Convention and to EU Directives - (a) The Strategic Environmental Assessment (SEA) Directive - 2001/42/EC and (b) the Environmental Impact Assessment (EIA) Directive - 2011/92/EU.

Although commonly used, the terms Strategic Environmental Assessment and Environmental Impact Assessment are not actually the correct titles of the directives.   They are, respectively, the "Directive on the assessment of the effects of certain plans and projects on the environment" and the "Directive on the assessment of the effects of certain public and private projects on the environment."

As is required

High Speed 2 ~ a little light reading for the weekend

The Supreme Court has handed down judgment in a judicial review of the government's plans for a High Speed Rail link between London, Birmingham and other cities further north. - High Speed 2 Alliance v Secretary of State for Transport [2014] UKSC 3 - Press Summary

There are separate judgments by Lord Carnwath, Lord Reed, Lord Sumption, Lady Hale and a joint judgment by Lords Neuberger and Mance.  The challenges failed.

I hope to take a fuller look at the decision next week.  For the time being, the interested reader might take time to read the full judgment and perhaps those of Ouseley J in the High Court (March 2013) and the Court of Appeal (June 2013).

Furthermore,

The Daily Mail asks a good question ....

The Daily Mail 24th January asks why a "violent thug" - named as Vitalijis Zavjaloves (aged 22) -  did not receive a sentence of imprisonment for his attack on Brian Gallagher in Wigan town centre last December.  It is a fair question.  Zavjaloves had pleaded guilt to assault by beating and, at Wigan and Leigh Magistrates' Court, he was sentenced to a suspended sentence order involving four months imprisonment suspended for 12 months with a specified activity requirement, 250 hours unpaid work.  In addition, £600 in compensation was ordered, a surcharge of £80 and £85 in costs.