Yahoo News Ex-Labour councillors speak out over Plymouth tree felling plans
Two former Labour councillors have written of their concern over the way in which the authority planned a military-style operation to ensure the felling of trees on Armada Way last year.
Mike Sheaff and Jan Millar, who both represented Labour on the city council between 1991 and 2000, have put their names to a letter which condemns plans outlined in documents submitted to the High Court as part of a judicial review into the decision to fell the trees.
While the case was thrown out of court and described by High Court Deputy Judge David Elvin as 'academic', the nature of the plans have shocked campaigners. As revealed by The Herald this week, council officers held several meetings to plan out the operation of tree-felling to ensure it could not be challenged by protesters.
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The former city councillors have written that they were 'shocked' to hear of the use of an urgency protocol, which meant it could not be called-in or stopped by legal means.
Mike Sheaff was Labour city councillor for Keyham from 1991-2000 and Chair of Social Services Committee from 1997-2000, while Jan Millar was Labour city councillor for Stoke between 1991-2000 and Chair of the Planning Committee from 1994 to 2000.
Their letter says: "Having attended the judicial hearing brought by STRAW in London on the 19th and 20th March we do not share the frustration and hostility some have expressed. Instead, we were shocked to hear compelling evidence that the primary reason for use of the urgency procedure was a deliberate attempt by the council to conceal its intentions from the public.
"The purpose was nothing other than to prevent legitimate, peaceful, and lawful protest about the Armada Way tree felling.
"One alarming example came in evidence concerning discussions between the council, the contractors and the police during the week preceding the felling. Anticipating protests, one email from the council suggested STRAW may use drones to film the felling, requesting that police, 'shoot the things down'.
The letter continues: "The case was dismissed on a point of law, but the evidence revealed the efforts made to reduce the time gap between the Leader's decision and commencement of the felling to an absolute minimum, solely to keep Plymouth people in the dark.
"As long-standing members and supporters of the Labour Party, we take no comfort from the fact that senior Labour figures, notably Councillors Lowry and Penberthy, were named in court by the council's barrister as having been consulted on use of the urgency procedure.
"It was also shocking to learn of delays in disclosing information to the court by the council, causing the judge to remark that he was not satisfied the council has complied to date with its 'duty of candour'.
"This is not an optional choice. The Treasury Solicitor's guidance to public authorities on judicial reviews explains, 'public authorities must be open and honest in disclosing the facts and information needed for the fair determination of the issue'."
And the letter goes on: "One outcome of the hearing was the council's undertaking to the court that it will establish a thorough and independent review.
"We welcome this, but what we heard in court causes us to believe it will require a genuine cultural shift to embrace transparency.
"It is an opportunity for the city council to consider more open and democratic processes for future decision making, particularly where these involve controversy.
"Whatever differences of view there may be on individual issues, secrecy and concealment does nothing to bring people together."
