Government threatened with law suit over HS2 cancellation as Sunak blames transport secretary
A campaign organisation is on the brink of taking legal action against the government over the cancellation of HS2 Phase 2a, but the prime minister has pointed the finger at the transport secretary for the decision.
The Good Law Project has written to the government legal department to inform it that it is considering the pursuit of a judicial review of the decision to cancel the high-speed line.
According to Good Law Project director Jo Maugham, the organisation has “sent a formal letter before action Rishi Sunak threatening to challenge his unilateral decision to ignore what Parliament has enacted about HS2, cancel the project, and salt the earth by selling all the land”.
Maugham added: “We haven't yet formed a view about whether we will sue - we want to know whether affected Mayors and MPs are serious about their opposition - and although our lawyers reckon it’s a runner we also [want to] know what [Sunak’s] lawyers say - and we don't yet have their full response.”
The campaign has, however, received a preliminary response from the government saying that its decision to include the prime minister as a defendant is “misconceived” because he “was not the decision maker in this matter”. It has requested that Sunak be removed from proceedings and the matter only be addressed to transport secretary Mark Harper.
However, as Maugham and others have pointed out, Sunak took ownership of the decision to cancel HS2 when he announced “I am ending this long running saga and cancelling the rest of the HS2 project” during his keynote speech at the Conservative Party Conference on 4 October. On the same day, the prime minister’s official Twitter account stated: “I am cancelling the rest of the HS2 project.”
The Good Law Project has responded to the government to say that it “is not able to agree to that request until it has seen the proposed defendants’ pre-action protocol response and their explanation […] of how the challenged decisions were taken, who was responsible, and precisely what the prime minister’s role was”.
A “substantive” response from the government was expected by the Good Law Project yesterday, 13 December. This was not received and the DfT has asked for more time.
The Department for Transport (DfT) has been contacted for comment.
The decision to cancel HS2 north of Birmingham was made official during the Conservative Party Conference on 4 October. This came despite widespread outcry in the weeks beforehand from
affected stakeholders, the National Infrastructure Commission Chief, former HS2 chairpeople and former Conservative cabinet members.
It was revealed shortly after that the government intends to sell off the land that it had purchased for HS2 Phase 2 meaning the route will no longer be safeguarded. This would essentially stop any future governments from reinstating the HS2 project north of Birmingham -
with experts accusing Sunak of taking a “scorched earth” approach to the project's conclusion.
An investigation by NCE found that the expenditure on land for HS2 Phase 2 was £564M up to September. Rail experts warned that selling the land would be short sighted and wasteful as it was purchased at an elevated rate that would be difficult to recoup.
The transport secretary later promised that the land would be sold in a “carefully thought through” way.
The government replaced the HS2 plan with its Network North document, outlining how £36bn reportedly saved by cancelling the northern legs of the project would be used on other transport interventions. The document was amended numerous times shortly after publication to remove some schemes.
The
Network North document re-affirmed the DfT’s commitment to improving rail connections between Manchester and Liverpool and reintroduced plans for a new station at Bradford.
The government has since afforded £400,000 to start the masterplanning for Bradford station.
Mayors of the West Midlands and Manchester have this month convened a private sector group to investigate ways to improve rail connections between their two regions in the wake of HS2’s cancellation