HS2's High Court injunction win an “affront to democracy” says Bucks wildlife trust

HS2 Ltd won a court hearing yesterday (20 September), for a route-wide injunction along the route of Phases One and 2a of the rail project.

The Secretary of State backed the injunction which affects HS2 construction routes between London and the West Midlands.

Demonstrators cannot enter or remain on HS2 sites and deliberately obstruct or tamper with vehicles, equipment or workmen.

One criticism raised by the Berkshire, Buckinghamshire and Oxfordshire Wildlife Trust (BBOWT) is that the order criminalises “slow walking in front of vehicles in the vicinity of the HS2 Land”.

After legalising the order, Justice Knowles said in his closing remarks: “I consider that the injunction sought strikes a fair balance between the rights of the individual protestors and the general right and interests of HS2 and others who are being affected by the protests, including the national economy.”

But BBOWT believes the order goes too far and restricts people's democratic right to protest peacefully.

Matthew Stanton, head of planning and advocacy for BBOWT, said: “This injunction restricts people’s right to protest peacefully against this environmental disaster. This is an affront to democracy, undermining people’s rights to make their voices heard.

“HS2 Ltd has continued to fail in its duties to protect nature and, while we do not support illegal protest, people must be allowed to protest against this peacefully, without fear of breaking the law.”

The charity has a vested interest in opposing HS2, not just criticising the projects potential impact on the environment, but also because it took possession of part the BBOWT reserve between Bicester and Buckingham.

Its nearby Finemere Wood reserve is directly affected by the works, and staff and visitors also now have to cross land under HS2 possession to get into the Trust's Bacombe Hill reserve near Wendover.

A spokesperson for HS2 Ltd said: “HS2 Ltd welcomes this Judgment and its approval of the route-wide injunction. As Justice Knowles makes clear, this injunction will not, and is not intended to, stop legitimate protest. Instead, we hope the injunction will prevent the violence, intimidation, and criminal damage these protests have frequently caused, harming the HS2 project and those working on it, and costing the UK taxpayer millions of pounds.

“The construction of HS2 is playing a vital role in Britain’s economic recovery from the pandemic, with almost 28,000 people already working on the project and tens of thousands of additional jobs supported through our supply chain. We urge everyone who cares about our natural environment to support a project that is providing work across the UK today, and in the future will get people out of cars, off planes and onto zero carbon rail travel.”

However, in the final judgement Justice Knowles stated: “I have the Revised HS2 Land Plans in hard copy form. I have studied them. They are clear, detailed and precise. I reject any suggestion that they are unclear. They clearly show the land to which the injunction… will apply.”

Another paragraph in the closing statement from the judge reads: “I am satisfied that there has been significant violence, criminality and sometimes risk to the life of the activists, HS2 staff and contractors.

“The HS2 protests have in significant measure not been peaceful. There have been episodes, for example, of violence, intimidation, criminal damage, and assault… Even where injunctions have been obtained, protesters have resisted being removed… It follows that the protests have given rise to considerable disorder.”