Archived press release

Minister dumps human rights

6 November 2000

Campbell convenes kangaroo court

Friends of the Earth have accused Regional Development Minister, Gregory Campbell of willfully ignoring warnings that he is in breach of the Human Rights Act [1] in the way he is conducting the M1/Westlink Public Inquiry which starts today. The Inquiry will determine whether the proposal to spend £46m on widening the Westlink, building flyovers at Grosvenor Road and Broadway and new sliproads at Dunmurry, should go ahead.[2]

The environmental group has told the Minister that the Inquiry is not "a fair... hearing...by an independent and impartial tribunal" as guaranteed by Article 6 of the Act and that the only responsible course is to halt the Inquiry now. Meanwhile the High Court in London will shortly be considering the significance of the Human Rights Act in a number of landmark planning cases. The results will have a direct bearing on the legality of the M1/Westlink Inquiry.

Friends of the Earth's Head of Campaigns, John Woods, said

"The Minister is ignoring the fact that High Court hearings to be held at the end of November are very likely to render the M1/Westlink proceedings null and void. To continue with this Inquiry is cavalier in the extreme. It will be a waste of hundreds of thousands of pounds of public money and the time and money of objectors."

He continued:

"We have received legal advice [3] that this kind of Inquiry is the most flagrant breach of the Human Rights Act of all the cases before the High Court. The subject of this Inquiry is the Minister's plans to expand the M1/Westlink and yet he has appointed his own inspector who is answerable to him. The Minister is judge at his own trial! This is hardly "a fair... hearing...by an independent and impartial tribunal." as required by the Act. It is a Kangaroo Court."

John Woods concluded:

"In the likely event that the Inquiry will have to be re-run in a different form at at a later date, we will hold the Minister responsible for wasting public funds and the time and very limited finances of objectors. We call on the Minister to do the honourable thing and halt the Inquiry now."

Friends of the Earth has written twice to the Department of Regional Development in the past 10 days providing details of a number of similar cases being considered by the High Court in London and a recent opinion by a Scottish judge on the issue. The Department has replied twice saying that it planned to continue with the Inquiry.

Notes

[1] (back) Article 6(1) of the European Convention on Human Rights as set out in Schedule 1 of the Human Rights Act 1998 states: "In the determination of his civil rights and obligations...everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law."

Friends of the Earth contends that the Public Inquiries referred to above do not constitute a "fair...hearing... by an independent and impartial tribunal". The inspector holding the Inquiry has been appointed by the Department of Regional Development which is itself the proposer of the scheme which is the subject of the Inquiry. The Department will thus be making a decision in its own cause.

[2] (back) For further information see www.foe.co.uk/northern_ireland/

[3] (back) Two cases suggest that this Inquiry would be in contravention of Article 6(1). First, Lord MacFadyen's opinion in the case of County Properties Limited made on 25 July 2000 deserves careful examination. Secondly, the High Court has recently been asked to clarify whether or not there has been a breach of Article 6(1) in a public inquiry into the future of the former Ministry of Defence Alconbury airbase in Cambridgeshire. An adjournment of the inquiry was won by Alconbury Developments Limited pending the decision of the High Court.

A four day hearing at the High Court has been scheduled for 27th November at which five cases (including Alconbury) will be heard which all pertain to the implications of the Human Rights Act 1998 for planning and roads public inquiries. We understand that the High Court will clarify (a) whether the Secretary of State's powers with regard to planning decisions are consistent with Article 6(1); (b) whether the appointment of an inspector via the Planning Inspectorate is consistent with Article 6(1) whether or not the Secretary of State has the power to make the ultimate decision; and (c) whether the function of an inspector appointed under the Highways Act is consistent with Article 6(1). Clearly all these issues are directly relevant to the M1/Westlink Public Inquiry where the Minister, the Planning Appeals Commission and the Roads Order are the relevant persons, bodies and legislation. Should the High Court find that Article 6(1) is not complied with in any of these three ways, the M1/Westlink Public Inquiries will clearly be successfully challenged.

The arrangements for the M1/Westlink Public Inquiries would be legitimate only if the High Court rules that Article 6(1) has not been breached in any of the ways described above and that the public inquiry system is completely unaffected by this part of the Human Rights Act. It is inconceivable that the Court will take such a view.

The Department will therefore be open to challenge under Article 6(1) due to the fact that it is impossible to demonstrate the independence and impartiality of the inspector in a way in which it may be possible to demonstrate the independence of the Planning Appeals Commission, were this a planning inquiry. A legal challenge will certainly be brought by affected parties. The only remedy will be to re-run the Inquiries in their entirety.

Friends of the Earth Northern Ireland
7 Donegall Street Place
BELFAST
BT1 2FN
Tel: 028 9023 3488
Fax: 028 9024 7556
Email: [email protected]

Published by Friends of the Earth Trust