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Protest to First Minister in response to his "biased remarks" in advance of M74 Public Local Inquiry Joint Action against the M74 (JAM74) [1] have written to First Minister Jack McConnell [2] in protest at his "biased remarks" [3] made in the Scottish Parliament in advance of the start of the Public Local Inquiry into the proposed £500 million M74 Northern Extension [4], which started on Monday 1st December. JAM74 regards McConnell's remarks to have fundamentally undermined confidence in the perceived fairness of the Executive's planning process. Will Jess, Chair of JAM74, said: "The appearance of bias implied by the First Minister's statements casts doubt on whether the public inquiry can now offer a 'fair and impartial hearingÕ as required under the European Convention of Human Rights. It seems that the result of the inquiry has been decided before the inquiry has even started. How can we be confident that we will receive a fair hearing when the First Minister admits that the Executive has 'committed' itself to the M74. If McConnell only wore the hat of the 'scheme proposer' this would be fair enough; but from the final arbiter of the decision it is unacceptable. "McConnell's statements are tantamount to announcing the result of the inquiry before it has even started. Whilst the public inquiry may continue, we are calling for the First Minister to remove himself from the final decision-making process." JAM74 have previously raised the complaint that the planning process for the M74 is inherently flawed in as much as the developer, the planning authority and the planning inquiry process are all led by the Scottish Executive. A final Ministerial decision on the project will also be taken by the Scottish Executive. JAM74 regards this process as potentially being in conflict with Article 6 of the European Convention on Human Rights (ECHR). JAM74 have also made an official complaint to Transport Minister Nicol Stephen on the handling of the M74 public inquiry. The complaint followed the appointment by the Scottish Executive of a civil servant from one of the road promoters (Glasgow City Council) as Programme Officer for the public inquiry. JAM74 further understands that this civil servant is being paid for by another promoter of the road, the Scottish Executive's trunk roads authority. ENDS Notes to Editors: [1] JAM74 JAM74 is a coalition of community, environmental and sustainable transport groups. Member organisations of JAM74 include Residents Against the M74, Friends of the Earth Scotland, Scottish Association for Public Transport, the Scottish Green Party, the Scottish Socialist Party & TRANSform Scotland. [2] Text of letter to the First Minister: Jack McConnell MSP 3rd December 2003 Dear First Minister Proposed M74 extension I am writing to you in light of answers given by yourself in Parliament last Thursday (27th November). Whilst respecting your right to hold a strong personal view on this proposal, the answers you gave to questions by Janis Hughes MSP and Patrick Harvie MSP give the impression of bias with respect to your role as the final arbiter of the decision whether to go ahead with the scheme. I am therefore respectfully suggesting that you should remove yourself from the decision making role with respect to this project, ideally delegating the decision to an obviously independent arbiter. We appreciate your continued support for public transport, and your commitment to environmental justice. On the matter of the M74 we differ with your belief that this is appropriate and compatible with the promotion of environmental justice. However this letter is not about the content of the debate and decision, but about the process, and whether it is now possible for you to demonstrate the necessary independence to perform a role as final arbiter of the decision. Whilst we are not questioning whether you are capable of acting with an appropriate degree of independence, we are concerned that the equally necessary appearance of independence has been lost. In our view the appearance of bias implied by your answers casts doubt on whether the public inquiry can now offer a Ôfair and impartial hearingÕ as required under the European Convention of Human Rights. Whilst we, or others feeling aggrieved may have recourse to judicial review, under the Alconbury ruling, we are advised that this does not address the issue of bias, but merely applies a Wednesbury test of reasonableness. Moreover we would not wish to take legal action unless it was clearly the best use of our and public time and money. In this context it would be a much more pragmatic approach for you to ensure the independence of the hearing by removing yourself from a decision making role. As many stakeholders now lack confidence in the inquiry, which you can restore with a positive response, I look forward to a reply at your earliest convenience. Yours sincerely [3] First Minister's statement in Parliament: M74
[4] The M74 Northern Extension: Since 1999, the Scottish Executive has put in place a £1 billion road-building programme - despite its much-trumpeted commitments to sustainable transport and environmental justice. The most damaging of the Executive's roads projects is GlasgowÕs M74, the largest urban motorway project in Britain, and perhaps in the whole of Europe. The project, five miles of elevated multi-lane motorway slicing through south Glasgow, is a remnant of 1960s-style roads planning. There has never been an independent analysis of alternatives to the M74 despite its vast price tag and major envionmental and social impacts. In March 2003, in a note in an Executive press release, it emerged that the project would cost not £250 million (as claimed in 2000), but between £375 million and £500 million. The Public Local Inquiry into the project is due to start on Monday 1st December 2003 at the Parish Hall, 266 George Street, Glasgow (just off George Square). [5] JAM74's objection to the M74 Northern Extension: NB: A detailed media briefing is available on request. In brief, JAM74 are objecting to the M74 for the following
reasons: (i) Central Scotland Transport Corridor Studies Final Report on M74 Corridor, pp. 35-48 and Figures 5.5-5.17. The report concludes that Glasgow in 2010 with the M74 scheme built Òshows a network which is more congested (even with the additional capacity provided by the M74) than in 2000.Ó (ibid, pp. 42, 5.6.3). END OF NEWS RELEASE |