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Yet another anti HS2 legal fiasco…

27 Tuesday Apr 2021

Posted by Paul Bigland in Hs2, HS2Rebellion, Politics, Protest, Railways

≈ 8 Comments

Tags

Hs2, HS2Rebellion, Politics, Protest, Railways

Just as you know that night follows day you know that when those who oppose HS2 resort to the courts, it’s only going to end one way – and so it was again yesterday.

Firstly, a bit of background. The group of protesters who’ve remained camped in part of Jones’ Hill woods after being evicted from the part of the woods required to build HS2 managed to raise crowdfunded money to challenge Natural England bat licenses which were granted on March 31st, allowing HS2 contractors to fell trees and clear vegetation under certain conditions (see Natural England’s blog here). Led by serial failure and former Green Party candidate Mark Kier (blogs passim) they applied for a High Court injunction on April 16th. Mrs Justice Lang DBE granted an injunction on only one of the several licenses issued by NE, those defined in License WML-OR58. The rest were allowed to stand.

The injunction said that:

“The application for permission is adjourned to be listed in court as a “rolled up
hearing”, on notice to the Defendant and Interested Parties, on a date in the week
commencing 24 May 2021 or as soon as possible from 8 June 2021 onwards,
having regard to the availability of counsel already instructed at the date of this
order. If permission to apply for judicial review is granted at that hearing, the
Court will proceed immediately to determine the substantive claim.”

Mrs Justice Lang’s judgement went on to describe her reasoning, which I won’t include here for the sake of brevity (and the fact her judgement was overturned).

Natural England appealed (note, not Hs2 Ltd or the Government as it was NE who granted the licenses and were named as the defendants, HS2 was merely listed as an ‘Interested Party’). The appeal was heard by Mr Justice Holgate on Monday 28th. Holgate discharged the injunction, saying that none of the grounds Mr Keir’s experts and lawyers had put forward against the felling were “arguable”. He reserved his judgement which will be published at a later date. When it is I’ll add it to this blog (it has been, see the end of the blog!).

This leaves the protesters up a proverbial creek without a proverbial paddle. Of course, Keir immediately told the press and his supporters that he would appeal but there’s only one problem – he needs grounds to do so – and from what Mr Justice Holgate has said – he ain’t got any! Besides, by the time he might file his appeal, the remaining work at Jones’ Hill woods could well be completed. HS2 contractors (who’re still working on the site) have four days left on the license (that’s if it’s not extended because of the delays caused by legal shenanigans).

Yet again the protesters have wasted people’s time and money (both theirs and the taxpayers, who’ll pick up the tab one way of the other). It’s noteworthy that these cases are brought under the Aarhus convention, which means the
Claimant’s liability for the costs incurred by the Defendant and Interested Parties is limited to £5,000, and the Defendant’s liability for the costs incurred by the Claimant is limited to £35,000. Whilst this convention allows access to the law for people who would otherwise find costs exorbitant I do wonder if their shouldn’t be a threshold of competency and realistic chance of success to prevent hopeless cases and ‘vexatious litigants’ from gumming up the courts, government and any defendants purely as a delaying tactic – especially when Crowdfunding is involved. Mind you, on top of the court fees there’s also the costs of Lawyers, the people who must be rubbing their hands in glee every time they see the words ‘stophs2’ and ‘crowdfunder’…

Of course, this wasn’t the only recent legal ‘success’ for HS2 antis that soon turned to ashes.

Another protester (Sarah Green) has had a long obsession with potential water pollution in the Colne Valley and had launched (yet another crowdfunded) legal appeal against a decision of the Information Commissioner to side with HS2 LTd that certain documents relating to piling work in the Colne Valley should be released.

I won’t bore you with the details. It’s a long, arcane argument and a decision that you can read here if you ever find yourself suffering from insomnia!

The Tribunal agreed with Green that certain papers should be released unredacted.

As usual, there was only one problem. Green had so convinced herself that these would prove that HS2 was hiding something all perspective was lost. The papers didn’t even relate to the substantive matter in hand – test piling for HS2’s Colne Valley viaduct. Green started her case in 2019. By the time the appeal was heard the world had well and truly moved on. Not only were the papers not the ‘smoking gun’ Green had imagined but the test piling had been completed. There was worse to come. Not only had the test piling not caused any of the pollution Green has been frightening people with – it also proved that the actual piles for the Colne Valley viaduct didn’t need to be driven as deeply as originally planned – thus saving considerable time, expense and carbon emissions!

The icing on the cake? Hs2 started the actual piling work for the pier foundations of Colne Valley viaduct back in March and has received full planning consent for the structure from Hillingdon Borough Council. Oh Dear!

Having failed in the courts as usual there’s little chance of HS2 being stopped on the ground either. The protest campaign has fallen into complete disarray in the past few weeks. Even HS2Rebellion have had to publish an embarrassing update to their protest camp list!

The reality is even worse than they admit. New Poors Piece at Steeple Claydon is also redundant as is Denham Ford. Neither stopped a thing and are largely abandoned following the pattern established by the Crackley camp. In fact, so many of the last remaining protesters are restricted by bail conditions that they’re left pulling stunts like trying to interfere with people who have a connection (however tenuous) with HS2, which is why a handful of them tried to disrupt a prison construction site in Wellingborough! Many others have drifted off to other Extinction Rebellion stunts like smashing HSBC bank windows at Canary Wharf or suchlike. Once the oxymoronic Wendover ‘Active Resistance’ Camp is evicted their campaign is literally all over bar the shouting (or tweeting)….

I’ve a favour to ask…
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Thank you!

UPDATE.

Since publishing this blog I’ve been sent a link to Mr Justice Holgate’s reasons for his decision, which can be found here. They make interesting reading as they highlight a number of things. Firsly, why Lang made her earlier decision and why Holgate overruled it and also an insight into the tactics of the protesters legal team – and something we’ve seen before. Namely, just bombard the Courts with paperwork and hope (in the words of the old saying) if you can’t blind them with science, baffle them with bullshit! Read this comment.

29

“The help I received contrasts with what was put before Lang J. The claimant’s main bundle contained 472 pages and a supplementary bundle contained a further 514 pages. Much of the documentation was of a highly technical nature and in sequence which was difficult to follow. A good deal of time and assistance was needed to navigate this material during the hearing. I had the benefit of very focused and carefully cross-referenced skeletons. The same cannot be said of the Statement of Facts and Grounds put before Lang J, which did not identify the key passages in the application and decision-making documents upon which the legal submissions depended. For example, the list of essential reading referred to 120 pages of such material en bloc, without identifying any specific passages and so was of no assistance. This was a serious problem in the present case. A key document for the submissions of all parties at the hearing, the “Method Statement Assessment: Additional Notes”, which contained a good deal of the explanation for NE’s final decision, and is over 40 pages long, was not mentioned at all in either the Statement of Facts and Grounds or the list of essential reading. It was simply buried within the Supplementary Bundle. NE and IP2 have expressed their concern that these factors might have affected Lang J’s consideration of the applications before her.“

IP2 is Interested Party 2 (HS2Ltd). NE is of course Natural England.

Point 78 in the judgement contains this zinger “When this issue is considered properly and in context, the claimant’s criticism, once again, has a complete air of unreality about it” Ouch!

Point 91: “I have already rejected several of these criticisms. In my judgment, it is fanciful to suggest that adequate information was not given about the importance of the site for barbastelle“.

Point 114: “I accept the evidence in Mr. Dineen’s witness statement as to the impact which delay in felling the trees would have on this part of the HS2 project. If the felling could not take place until October 2021, earthworks could not begin until March or April 2022. Currently those works are scheduled to begin in June 2021. In paragraph 5 of IP2’s submission to the court dated 14 April 2021, a conservative estimate of the costs of the delay was given in the broad order of £25 to £50m. Mr. Dineen now says that those figures have been re-assessed as being in the range of £60.7-£88.8m. His statement dated 19 April 2021 was accompanied by a schedule. Plainly there has not been time for the claimant to consider this in any detail or to raise any questions. The claimant simply says that these costs will not be incurred because the claim could be dealt with at a super-expedited hearing, a point which I have already rejected. I proceed on the basis that the continuation of the injunction would cause additional costs in the region of at least £25m to £50m, and probably substantially more. I attach very considerable weight to this factor”.

Point 115: “I also attach considerable weight to the public interest in the continuation of work on the HS2 project without substantial interruption. Parliament has decided that it is in the public interest for the project to be undertaken and the Government has subsequently confirmed that it continues to agree with that decision (see e.g. Packham). There is no challenge to NE’s decision in this case applying regulation 55(2)(e) to the works which are the subject of this dispute.” Packham again!

Yet again this is a humiliation for the protesters legal representations and arguments “air of unreality”…”fanciful”? Oh dear. Plus, dumping paperwork on a judge in the hope something might stick.

It’s the end of the line for ‘StopHS2’

04 Sunday Apr 2021

Posted by Paul Bigland in Hs2, Joe Rukin, Politics, Protest, StopHs2

≈ 5 Comments

Tags

Hs2, Joe Rukin, Protest, Railways, StopHs2

Funny how you never hear real news on the StopHs2 website – especially when it relates to yet another of their failures! Just as there was total radio silence about ‘Campaign Manager’ Joe Rukin’s embarrassing (and expensive) legal fiasco last October, there’s been no public announcement that the man’s finally admitted what the rest of us have known for years – he’s been wasting his time!

This fact has finally dawned on Rukin, who sent an email around to the groups supporters at the end of March – after yet another legal failure when his latest application for a Judicial Review was dismissed. Here’s part of what Rukin has said.

True to the end, Rukin’s not been honest with people. The truth is that he’s been looking for a proper job for several years now and the real reason he’s stayed is because he didn’t get one. Rukin’s retirement means that the only person left is Bournemouth based Penny Gaines, so effectively, it’s game over. I mean, seriously – ‘StopHs2’? based in Bournemouth? As a campaign group StopHS2 have been irrelevant for several years as they never managed to secure what they needed to stop HS2 – political support. The writing’s been on the wall since 2014 when the Phase 1 Hybrid Bill passed with such whopping majorities (both in the Commons and Lords). Cross-party support for HS2’s never wavered (despite some of the nonsense claimed by people like Rukin) and without the political numbers adding up in their favour – they were toast. The demise of StopHs2 puts the final nail in the coffin that already contains the remains of ‘AGAHST’ (Action Groups Against HS2), the High Speed 2 Action Alliance’ (HS2aa) and dozens of local ‘action’ groups up and down the HS2 routes.

Now, the only thing left is the dwindling number of protesters allied to Extinction Rebellion, Hs2Rebellion and the local Nimbys who support them. It’s only a matter of time before the bell tolls for them too. Despite their bombast and bluster they’ve not stopped a thing. Now they’re reduced to boasting of ‘delaying’ pockets of work on HS2 (conveniently ignoring the fact what’s caused the most delays to the project has been the Government shilly-shallying with reviews). The protesters ‘protection camp’ network has been shrinking ever since last summer, with many camps now being redundant as there’s nothing left to ‘protect’! Meanwhile, site clearances and construction on Phase 1 have ramped up massively, completely overwhelming the puddle of protesters. Now, Phase 2 has been given the go-ahead and a contract to create new woods and wetlands as part of early environmental works on the route between the West Midlands and Crewe was signed on April 1st.

The days of the final ‘protection camps’ that have any relevance to the route are numbered and we can expect to see their demise happen soon. No doubt there will still be isolated protests here and there and some people will be left in pointless camps on private land, out of harm’s way, but they’ll be posturing, nothing more.

The campaign to stop Hs2 never stood a chance. Now it’s spluttering to an ignominious end…

I’ve a favour to ask…
If you enjoy reading this blog, please click on an advert or two. You don’t have to buy anything you don’t want to of course (although if you did find something that tickled your fancy that would be fab!), but the revenue from them helps to cover some of the cost of maintaining this site – and right now (because of Covid), us freelances need all the help that we can get. Remember, 99% of the pictures used in my blogs can be purchased as prints from my other website –  https://paulbigland.zenfolio.com/

Thank you!

Some (real) HS2 environmental news…

01 Thursday Apr 2021

Posted by Paul Bigland in 'Green' madness, Hs2, Politics

≈ 2 Comments

Tags

'Green' madness, Hs2, Politics

It’s often difficult to cut through the nonsense and hysteria about the environment spread by the anti HS2 protesters as the media rarely do it and too many organisations tend to keep their heads down, so it’s great to see Natural England sticking their heads above the parapet and explaining what’s going on regarding bat licences at Jones’ Hill wood, one of the few woodlands that’s genuinely affected by HS2. Jones’ Hill will lose 0.7ha out of 1.8ha. On March 30th Natural England granted licences for work at Jones’ Hill woods and published details in a blog on their website, which you can find here. It makes interesting reading.

There’s also some important detail about what NE can and cannot do that the froth from the protesters (who always accuse NE of ‘betraying’ the environment) normally hides.

“Natural England’s role in licensing development is to ensure that activities affecting protected species are carried out without damaging those populations. We don’t have powers to stop projects that have been approved, or to delay them unnecessarily, nor do we have powers to prevent the felling of ancient woodland if it has been approved by the planning system.“

In this case, the ‘planning system’ is the Act of Parliament that decreed that Phase 1 of HS2 shall be built – and you really can’t get any higher up the planning, democratic and legal food-chain than an Act of Parliament! Oh, it’s also worth mentioning that the HS2 Phase 1 Hybrid Bill didn’t scrape through, it flew through both houses of Parliament with a whopping majority in each house.

By becoming law, the HS2 Phase 1 Hybrid Bill granted planning permission for HS2 and Natural England (even if it wanted to) cannot overturn or ignore an Act of Parliament!

NE go on to explain that:

“When a developer applies for a licence to undertake works that will impact on protected species, Natural England assesses whether the works can be carried out in a way that maintains the conservation of the species in that area. We take our regulatory role very seriously; all licences that are issued include conditions that the licensee must apply with. We monitor compliance with licence conditions and will take enforcement action if they are broken.“

This is exactly what NE has done at Jones’ Hill wood. They go on to say that:

“At Jones Hill Wood, we have undertaken a careful assessment of the impacts in this area and requested further hibernation surveys.  Our assessment has concluded that the felling of 0.7 hectares of woodland at Jones Hill Wood will not be detrimental to the favourable conservation of the overall bat populations in this area.

Our decision takes into account a number of elements including the areas over which bats forage and the wider available foraging resource, the proposed methodology for minimising harm to roosting bats, and the compensation measures that must be put in place, which include creating new roosting features, bat boxes and the planting of 3.2 hectares of woodland habitat and fruit trees on an adjacent site. The effect of these compensatory measures will be monitored over a period of many years. The licence also sets out measures that must be undertaken to ensure no bats are harmed during tree and vegetation clearance at the location. Some further details on impacts and compensation measures are included below.

We’ll continue to work both with HS2 and other concerned stakeholders during the works, and our staff will undertake a site visit during felling to ensure that licence conditions are being met.”

So, 0.7ha of woodland is lost but 3.2ha of woodland habitat is created – a net gain of 2.5ha. Funny how the protesters neglect to mention this, isn’t it?

Meanwhile, what impact could the work have on the bat population? NE have this to say:

“Impacts and compensation at Jones Hill Wood

The works at Jones Hill Wood have the potential to affect the following species through the loss of breeding sites and resting places: damage or destruction of up to 4 common pipistrelle resting places and 1 breeding site, 1 soprano pipistrelle resting place, 1 barbastelle resting place and 1 breeding site, 1 noctule resting place, 2 brown long-eared bat resting places and 1 breeding site, and 1 Natterer’s bat resting place. Works could also result in indirect disturbance of bats (if present) and the transport / possession / control / capture of bats.

Note the caveats (in italics) – ” could also result in indirect disturbance of bats (if present )”

Funny how the protesters only talk in absolute terms, isn’t it? Of course, the real world is far more complex. What NE make clear is that every effort will be made to protect wildlife like bats and that – at the end of the day, there’ll be far more habitat for them then before. But again, this doesn’t fit the protesters narrative so it’s ignored.

Instead, the protesters are trying to create a ho-ha on social media and in the press and are encouraging their supporters to bombard NE on Twitter, via mail and Facebook etc. In order to achieve what exactly? Natural England are not above the law, nor can they ignore it to act ultra vires although that’s exactly what the protesters are telling them to do! But then the protesters and people like HS2Rebellion think acting legally is something that doesn’t apply to them. Obeying the law’s for other people, which is why they flagrantly ignore it whilst claiming anything and everything HS2 do is ‘illegal’. It’s weapons-grade hypocrisy, but very much par for the course.

What happens next?

Nothing. The licences have been issued and Hs2s contractors can crack on with the work, despite what the protesters claim. Oh, their may be a bit of too-ing and fro-ing on the ground as the protesters try and make a last stand, but it’s General Custer territory, they neither have the numbers or the legal backing to stop HS2.

Of course (as is often the case) there’s an irony to this. The protesters will claim they’ve delayed the work so ‘saved’ 0.7ha of woodland, when the truth is what they’ve really done is delay the planting of an extra 2.5ha of habitat! Still, when did facts and HS2rebellion ever co-exist?

I’ve a favour to ask…
If you enjoy reading this blog, please click on an advert or two. You don’t have to buy anything you don’t want to of course (although if you did find something that tickled your fancy that would be fab!), but the revenue from them helps to cover some of the cost of maintaining this site – and right now (because of Covid), us freelances need all the help that we can get. Remember, 99% of the pictures used in my blogs can be purchased as prints from my other website –  https://paulbigland.zenfolio.com/

Thank you!

.

Hs2rebellion’s ‘alternative laws’…

31 Wednesday Mar 2021

Posted by Paul Bigland in Hs2, Politics, Protest, Railways

≈ Leave a comment

Tags

Hs2, Politics, Protests

Sadly, we all live in a world where it seems that nowadays facts are what you make up. Nowhere summed this situation up more perfectly than America during the administration of the orange fool otherwise known as Donald Trump. Memorably, one of his spokespeople (U.S. Counselor to the President Kellyanne Conway) once talked of being in possession of ‘alternative facts’ or – what’s known to the rest of us as – lies…

It seems HS2rebellion have been supping from the same teat, only this time we not only have alternative facts, we also have alternative laws!

Colluding in this parallel universe is someone I’ve introduced you to before as a ‘crazy anti HS2 campaigner of the week’. Caroline Thompson Smith – take another bow! After her last arboreal atrocity hairdresser Caroline has put on her legal wig to attempt to expound on the finer points of English law only to fail miserably as she just made stuff up. Ms Smith filmed a load of nonsense outside High Wycombe court earlier today when two anti HS2 protesters were found guilty of breaking Section 241 of the Trade Union and Labour Relations (Consolidation) Act 1992 by trying (and failing) to blockade an HS2 worksite.

Caroline tries to claim the Judge totally ignored a defense that they weren’t trespassing (so weren’t breaking the law) despite the fact no such defense exists as S241 doesn’t even mention trespass – as is made clear, here…

Still unsure? OK. Contrast the legal ‘wisdom’ and assertions of a hairdresser with this from an independent (but left leaning) legal group. They say;

Yep, you guessed it – no mention of trespass (or tools) but exactly the description of what the anti HS2 protesters were doing! Think about who and why this law was brought about in the first place. The intention was to ban secondary picketing. Remember the ‘flying pickets’? No, not the band, the real ones feared and famed from the days of the 1984-85 miners strikes! Also known as ‘secondary picketing’, this is what the legislation was intended to curb, but it also applies to protesters who’re trying to prevent people from getting to work.

So, yet again the anti Hs2 demonstrators have been led down the garden path by Thompson-Smith and HS2 ‘rebellion’ have slavishly copied her nonsense – as they always do.

Thompson-Smith talking complete spheroids, as usual…

I (almost) feel sorry for the fools who’re falling for this. The one’s who’re not bothering fact checking but who’ll probably throw away their money on yet another online fundraiser to pay for a pointless appeal which has no chance of success. I’ve said for years that the only people who’re benefitting from the anti HS2 ‘campaign’ are the legal profession. This looks like it could be another classic example.

How will any of this stop HS2? It won’t of course. What it has shown is that more of the dwindling number of protesters are having their wings clipped by the courts.

So, how are the few remaining HS2 ‘rebellion’ protection camps getting on? Badly – as this little snippet reveals. Remember this time last year when Crackley was the biggest of the ‘protection’ camps and the occupants used to boast about how they were going to stop HS2? How things change in a year! Most of those people from the camp who were so active on social media have vanished. Only a few have reappeared at other camps. So who’se left at Crackley? Here’s the answer…

Because just two people are going to stop HS2…

I’ve a favour to ask…
If you enjoy reading this blog, please click on an advert or two. You don’t have to buy anything you don’t want to of course (although if you did find something that tickled your fancy that would be fab!), but the revenue from them helps to cover some of the cost of maintaining this site – and right now (because of Covid), us freelances need all the help that we can get. Remember, 99% of the pictures used in my blogs can be purchased as prints from my other website –  https://paulbigland.zenfolio.com/

Thank you!

Lockdown 1 year on

23 Tuesday Mar 2021

Posted by Paul Bigland in Coronavirus, Down memory lane, Lockdown, Musings, Politics, Railways, Travel

≈ Leave a comment

Tags

Coronavirus, Down memory lane, Musings, Railways, Travel

*warning, blog under construction. This is going to take a couple of days to complete and it’ll undergo a couple of incarnations as I revise it to add more thoughts of a tumultuous year. After all, it’s a slice of history…*

When we started this lockdown malarky 12 months ago how many of us would have thought we’d still be at it 12 months later and who would have thought so many people would have died, or that our lives would have changed (possibly permanently) in the many ways they have? No me for a start, but then neither did our incompetent Government. Anyone remember how long it took Johnson to agree to a lockdown in the first place? Many of us could see that it had to happen just by looking at the infection rates and what was going on in the rest of the world. The financial markets had already crashed, which made pretty grim reading for people like me with investments but no salary. The world was starting to turn in on itself. It was an anxious time.

I managed to squeeze a couple of jobs in just before the country shut up shop. These made me realise how unprepared we really were for what was happening. The first job was back in London where hardly anyone but Asian tourists and a few cautious people wore masks whilst folk ate drank and made merry as if nothing much was happening. I travelled on a lot of trains across London that day and outwardly everything looked normal, as this picture of one of the new London Overground trains in Hackney, East London shows.

The next day, on the 12th March I travelled from Halifax to Birmingham for a press visit to the High Speed 2 railway construction site at Curzon St, where HS2 were keen to show us the remains of the London and Birmingham railway steam locomotive roundhouse. I wrote about the day on a rolling blog. The train from Manchester to Birmingham (which was double its normal size) was absolutely heaving with people heading down to the Cheltenham Gold cup horseraces. 10s of 1000s of people from all the UK and elsewhere, converging to mingle during a pandemic when other countries were already in lockdown seemed like madness – which it was. I was actually glad to get home that day.

My final trip out was on the 20th (the day restaurants and pubs were told to close) when I travelled to Leeds and Manchester to get magazine pictures, showing the effect Covid restrictions were already having on the railways as travel began to close down with people staying at home in the face of an announcement to avoid non-essential travel made on the 16th. Three days later, a year ago today, Johnson announced full lockdown and that was that. Despite the fact that as an accredited Journalist I was allowed to travel to cover stories I was more concerned about protecting me and mine, so I heeded to call like everyone else. After all, weren’t we assured that this would only be for a few weeks? Besides, I’d plenty to keep me occupied at home…

That first lockdown felt weird. Planes disappeared from the skies, most cars vanished off the roads and only the trains and buses kept running to get key workers to their jobs. Thankfully we had glorious weather so I could sit outside in the front garden and enjoy the slightly surreal quietness that was only disturbed by cacophonous birdsong as the creatures celebrated the arrival of the nesting season. Once a week we ventured out to Huddersfield to get the shopping for Dawn’s elderly parents which we’d leave on their doorstop before letting them know it was there.

Social activities transferred to the internet and we all learned a new meaning for a old word: Zoom. The Friday quiz that a group of us used to meet up for in our local pub transferred online as it was the only way we got to interact with each other. We’d planned a trip to Berlin in June but that was cancelled along with all the other events. A ‘social calender’ became an anachronism.

But, it wasn’t all bad. Dawn was still working full time (just from home) and wasn’t furloughed. I managed to manage with a bit of help from schemes and whilst the photographic work dried up I had my writing skills to fall bak on, penning several articles for RAIL magazine. I lot of railway memorabilia ended up on eBay, which also helped. Meanwhile, I got stuck into tackling the massive project to scan 30 years of old railway, social issues and travel slides – a mammoth task which is almost coming to an end. We both got into a routine and thanked our lucky stars that we were OK and could come through this.

Stories in the media highlighting the growing death toll made is realise how fortunate we were. Some of the stories were really heartbreaking. Then friends began to contract Covid (and thankfully survive) or die of other causes. That was one of the hardest bits – not being able to meet up and say goodbye to old friends. I did attend one small (socially-distanced) funeral but that was in August when ‘lockdown 1’ rules had begun to be relaxed. When all this come to an end there’s going to be one big wake we get together to toast the memories of and swap stories about the friends who’ve gone…

Over the summer the Covid numbers dropped and the Government relaxed the rules, just as they’d imposed them too late, they relaxed them too early. In the interregnum, I managed to complete a week travelling around the railway network for RAIL magazine. It’s a biannual trip I’ve been writing for them ever since 2004, but 2020 was exceptional because passenger numbers where a shadow of their former selves. Even so, it was a fascinating trip to be able to cover so much of the country at a unique time and see how the rules worked (or in some cases, didn’t work) in England, Scotland and Wales – all of which had their own standards. Sadly, the relaxations weren’t to last. Local lockdowns began to occur again across England, with Liverpool going into the first new lockdown of a city in mid October. It became clear the Government was losing the plot as the ‘plan’ seemed to change depending on which Government minister was being interviewed before Johnson countermanded them.

(to be continued)…

Hs2’Rebellion’, the latest farce…

16 Tuesday Mar 2021

Posted by Paul Bigland in Hs2, Politics, Protest

≈ 1 Comment

Tags

Hs2, Politics, Protest

There’s an old philosophical question that’s really rather apt when it comes to the farcical ‘campaign’ against HS2. It’s “If a tree falls in a forest and no one is around to hear it, does it make a sound?” One could update it to the present day to ask “If an Hs2rebellion protest camp’s evicted and no-one was around to Livestream/video it, did it really happen”?

This question could have been posed today when an eviction took place today of the sole anti HS2 camp north of Warwickshire. Named ‘Camp Isla’ after someone’s canine friend, it really did seem to be a one man and his dog operation! Although it appears on Hs2Rebellion’s dwindling list of ‘protection’ camps, it hasn’t been any trouble for HS2 as nothing much has been happening – until today, when this appeared on the camp’s Facebook page.

This eviction must hold a special place in the annals as since this appeared, not a single video, livestream, photograph or any verifiable record of the event has appeared – despite the appeals for people to turn up to ‘protect’ the camp. This is all the more mysterious when one looks at some more claims made when the camp went from one man and his dog to group of people down a tunnel and folk festooning the trees! .

Needless to say, not of this has been supported by the slightest bit of evidence from anyone. I’ve little doubt an eviction has happened – but the rest strikes me as pure fantasy. Not one of them has a camera-phone? Well, that’s a first. Normally the internet is awash with long and boring livestreams recording every eviction.

Of course, the daft thing about all these Walter Mitty fantasies about tunnels etc, is they soon fall apart in the cold light of day. I suspect (and not for the first time) the ‘camp’ Facebook account will be kept alive to churn out messages of support, fictitious updates and claims of winning – but the reality will be very different. Mind you, the HS2Rebellion website is rather good at that too. Here’s the list of ‘protection’ camps they claim exist, with the reality added…

So, 8 camps. 3 of which no longer exist, 2 more which have been partly evicted and 2 more (Crackley and Denham) which are almost certainly redundant as there’s nothing left to ‘protect’ anymore! Some ‘winning’! Two other camps have never made the list as one (Leather Lane near Jones’ Hill woods) didn’t last a fortnight whilst the other on Wormwood Scrubs has no permanent site and has less than 5 regular occupants! In fact, if you added up the regular occupants of all these camps together I doubt you’d find more than a couple of dozen people.

Pitch this against the largest construction site in Europe with 10s of 1000s of workers over 300 worksites on a 140 mile long route and you can start to see the futility of all this. Mind you, so can many of the protesters, which is why so many of them have wandered off back to other causes to fight yet more lost battles for Extinction Rebellion and other groups – hence some of the Euston tunnel refugees appearing in Lichfield to spray paint on a factory supposedly supplying military equipment to Israel. Obviously, political activism (just like being a SPAD to the PM) makes you immune to Covid or the need to follow lockdown rules! Whilst XR and it’s friends might not think those rules apply they might find the new police, crime, sentencing and courts bill which passed second reading by 359 to 263 votes rather harder to ignore as provisions in it will criminalise some of their activities. Despite my own personal reservations about the bill I will be interested to see how quickly it becomes law and how it’s used in practice against groups like Extinction Rebellion and HS2Rebellion.

Of course, today happened on the same day that HS2 Ltd announced the start of work on what will be one of the most visible civil engineering projects on phase 1 – the 3.5km long Colne viaduct on the edge of London. Unlike ‘Camp Isla’, this won’t be a one man and his dog operation! The world’s moved on even if the remaining protesters haven’t. Poor ‘Isla’ is left barking up the wrong tree – in more ways than one…

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It’s just another ‘Groundhog day’ for Joe Rukin and StopHs2…

06 Saturday Mar 2021

Posted by Paul Bigland in Hs2, Politics, Railways, StopHs2

≈ 5 Comments

Tags

Hs2, Politics, Railways, StopHs2

Having watched the abortive anti HS2 campaign for nearly 10 years now two words always spring to mind: Déjà vu – or in the expression made famous by the 1990s film – it’s another “Groundhog Day”…

After 11 years of failure those opposed to building our new high-speed railway haven’t learned a thing and keep repeating the same failed, stale tactics in an endless series of re-runs. Observing their campaign is like having a TV stuck on one of those cable channels that spew out endless repeats! I’ve lost count of the number of petitions launched, legal challenges threatened or boycotts demanded.

The latest ‘haven’t we been here before’? moment comes courtesy of Joe Rukin and StopHs2, the one man and his dog operation that’s been irrelevant for some time now. As Joe’s still not found a proper job after years of trying he’s desperate to try and keep the group running as it helps bring some money in.

So, Joe’s recycling the tried, tested (and failed) route of – yet another Judicial Review! You can find the full details in this rather rambling entry on the stophs2 website.

More Comical Ali than legal eagle, Joe Rukin videoed a call for help from the StopHS2 registered office and ‘nerve’ centre (his spare bedroom).

Over the years anti HS2 campaigners have tried dozens of JR’s. The late (unlamented) High Speed 2 Action Alliance launched a plethora of them, all but one failed and the one that didn’t was on a consultation that HS2 swiftly re-ran, so it was all rather pointless. It’s been the same with celebrity environmentalist Chris Packham who also tried and failed, achieving little more than parting a lot of fools from their money via Crowdfunding. Money that was then trousered by his grateful solicitors ‘Pay Day’ (you mean Leigh Day! Ed). As usual, the only people who benefit from any of these doomed legal cases are the Lawyers.

I’ve little doubt this latest attempt will result in the same outcome. Rukin is applying for permission to launch a Judicial Review, but the fact he’s appealing to others for evidence to back up his claims tell you all you need to know. The fact that he’s giving people so little time to gather this evidence doesn’t bode well either. His closing date is the 9th March (Tuesday).

Of course, what Rukin isn’t telling his supporters is what happened last time he applied for a Judicial Review. This was back in October last year – only then he didn’t bother with such a trivial thing as evidence – which is why his request was summarily thrown out at the first hurdle and he was landed with a legal bill of £4300!

I blogged about the debacle at the time, which you can find here.

For some mysterious reason you won’t find any mention of his October 2020 failure anywhere on the StopHs2 website or Facebook page. It’s been expunged from history, as if it never happened! I wonder why?

Perusing his latest request for help it looks like Rukin is trying to re-run the same failed case again, which suggests he’ll get short-shrift from the Judges who end up having to consider his request. As usual with Rukin, details of these things are scant, so there’s no information on who his legal advisors are (if he even has any) or when the hearing will be, so watch this space as I’ll report on the outcome of the judgement when it’s delivered – as I suspect Rukin will be as reticent as last time to announce another failure! Watch this space…

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Crazy anti-HS2 campaigner of the week. No 29.

28 Sunday Feb 2021

Posted by Paul Bigland in Crazy anti Hs2 campaigner of the week, Hs2, Politics, Railways

≈ 5 Comments

Tags

Crazy anti Hs2 campaigner of the week, Hs2, Politics, Railways

I’ve always been amused by how little the ‘conservationists’ who’re opposed to HS2 actually know about the environment they’re supposedly so concerned about saving. In many cases this is because they’re using ‘green’ issues as a figleaf for the fact that really, they’re just Nimbys. Even the serial protesters of Extinction Rebellion (the ones who wander from cause to cause) seem to know bugger all about the natural world they’re allegedly trying to save. I had to chuckle at the fun and games at Denham, when the protesters claimed they were trying to save an ‘ancient’ Alder tree. A tree whose age kept increasing as the stories got wilder. First it was 400 years old, then 600. People who know anything about trees will know why I was giggling at the claims.

An even better one happened a couple of years ago after one of the local Buckinghamshire rags reported the moans of a local farmer who was complaining about Ragwort growing on land owned by HS2 as the plant could spread to his fields and ‘pollute’ his land, threatening his livestock who get upset tummies if Ragwort gets into their feed. Suitably outraged, some of the local Nimbys tried to get a group together via one of their Facebook pages with the intention of going out to pull up the ragwort! It took a real environmentalist to point out that would be illegal as Ragwort is a valuable native plant that’s a source of food for insects and butterflies!

It seems these people never learn, hence this weeks award. Step forward Caroline Thompson-Smith, the determined self-publicist and serial spreader of exaggerated nonsense who can normally be found at Calvert, near where she lives. Well, unless she’s breaking the Covid lockdown to travel to other protest camps, such as her spot of gratuitous self-publicity and filming at Euston the other month.

Caroline has produced another long video diatribe which has appeared on the HS2Rebellion Facebook page and features the latest failure of the protesters at the Poors Piece eviction near Calvert (but nowhere near HS2!). Here’s a screengrab.

Never let the truth get in the way of a good story eh, Caroline?

Her garbled story starts unravelling at 1’23” when she makes the claim that behind her contractors are felling Black Alder trees and that the Woodland Trust say the ‘Black Alder’ is one of the rarest trees in the UK with just 600 remaining, so HS2 contractors are felling 1% of the entire UK population! Wow – some claim! And a claim that rapidly unravels by 5’50” when Caroline forgets her original fairy story. Now it’s the Wildlife (not Woodland) Trust who claim the ‘Black Alder’ is rare. So rare the number has shrunk from 600 to 6 in the space of 4 minutes!

So, what’s the truth here? As usual, just a few minutes searching on Google and Caroline’s claims are in tatters. Here’s what the Woodland Trust REALLY say about the Black Alder. Yep, you’ve guessed it – the ‘black’ Alder is just another name for the Alder tree – and it’s also called the Common Alder – because it’s not rare at all! Nor is it a particularly long-lived species, which is why I was giggling last year at the claims about ‘ancient’ Alders!

There’s more on the Alder here from Wikipedia which reveals that the Alder is on the ‘least threatened’ list.

Of course some viewers of Caroline’s nonsense clearly just lap this stuff up. Gullible isn’t the word here. You could literally sell them anything. Listening to people like Caroline you’d think it was Genghis Khan and the Mongol hordes sweeping across the Chilterns, raping, pillaging and laying waste to the countryside in their wake – not a company building a railway who have to abide by legally-binding environmental protocols and laws and who are subject to strict oversight by a whole host of agencies.

Still, never let the truth get in the way of a good story, eh?

2023 update.

The Poors Piece eviction wasn’t stopped by Caroline or anyone else. The trees that had grown up along the course of E-W rail (not HS2 as the wood’s nowhere near) were removed and the rest of the wood remains intact – although polluted by the remains of the abandoned protest camp which was left to rot by its occupants.

Caroline continues to rant about HS2 but on a much reduced basis as it’s painfully obvious to all but the most blinkered that construction of HS2, the maintenance depot and E-W rail is unstoppable with the work at a very advanced stage that expands as each day passes.

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It’s the Hs2 ‘rebellion’ pantomime season!

25 Thursday Feb 2021

Posted by Paul Bigland in Environment, Hs2, Politics

≈ 5 Comments

Tags

Environment, Hs2, Politics, Protest, Railways

As the final curtain is about to fall on the pantomime that was the HS2 ‘rebellion’ tunnel fun at Euston, another pantomime has opened at Calvert in Buckinghamshire, where a rag-bag of Nimbys and activists have congregated at Poors Piece wood. But first let’s recap and chart each act in the pantomime.

The theatre curtain rose back in January when police and bailiffs moved in to clear the garden at the front of Euston station which had become a refuge for various Exinction Rebellion/Hs2Rebellion ‘activists’ and a cadre of homeless people who found shelter and security in numbers. As a PR stunt the anti HS2 protesters had dug tunnels under the gardens and 9 of them did white rabbit impressions just as soon as the eviction started. Whilst the rest of the rabble were quickly cleared from tents and trees the troglodytes in the tunnels refused to come out at first, but then departed in dribs and drabs over the days. The most famous occupant of the tunnels was ‘Swampy’, an old road protester from the 1990s who was down there with his young son. What most of the media who covered the story neglected to mention was that ‘Swampy’ was a serial failure who never managed to stop anything, but hey – at least he got publicity!

The description here is pure ‘Comical Ali’! A “hugely successful occupation”? This was as much use in trying to stop Hs2 as is Americans sending ‘thoughts and prayers’ to stop school shootings…

On Monday another serial failure (Larch Maxey) gave up after being cornered by bailiffs. Today (day 30) three more of the tunnellers (including ‘Swampy’ and son) gave up and came out of their own accord. According to Hs2 Rebellion the final (anonymous) troglodyte will give up tomorrow after 31 days, bringing the whole farce to an end. Why a farce? Because they never stopped anything! The big joke about the camp in Euston Gardens is that it’s not cost HS2 a single day in construction time because the gardens are nowhere near an active HS2 construction site! It was pure theatre, nothing more. The theatrics have continued with the protesters claiming the event as some kind of victory – although how having 9 protesters holed up in a tunnel where they can’t stop any work is a ‘victory’ is a mystery…

Several of the protesters evicted from Euston gardens later turned up at the abandoned Harvil Rd ‘protest’ camp in Uxbridge, only to be evicted again within days as that camp was cleared and demolished without them putting up a struggle.

All the remaining ‘protest’ camps are feeling the pinch at the moment as HS2 Ltd are ramping up construction and clearance work along the phase 1 route. At the recent National Rail Recovery Conference Hs2’s Chief Executive announced that the company now has 300 separate worksites in operation. Yet the protesters number less than a few dozen hard-core – which is why the same few faces keep popping up time and time again.

This has been true at the latest eviction at Poors Piece this week where another semi-abandoned camp (which had less then half a dozen regular occupants) had an influx of refugees from Euston and Harvil Rd in a desperate attempt to bolster numbers to attract some more publicity, because let’s be honest – they stand no chance of stopping the eviction, far less actually stopping HS2! The same farcical scenes have played out this week when all the protesters bravado and bluster soon came to nothing as tree-houses quickly fell to the bailiffs, police and HS2 workers who promptly moved in to begin clearing up the mess.

In a lovely touch of irony, some of the protesters from the nearby Wendover camp who turned up at Poors Piece for a day were disconsolate on their return to base as they found Hs2 had been busy clearing woodland uninterrupted whilst they’d been away!

The result of the Poors Piece eviction is beyond doubt and I’d be surprised if it lasted more than another couple of days, despite all the bluster and rhetoric from the protesters and a couple of local Nimbys who bolster the protest but who clearly have nothing better to do. In fact, I have a sneaking suspicion that these events are more about egos and publicity than being any serious attempt to stop Hs2. This protest is one of the first of the social media age and it’s becoming obvious that a cross-section of those involved are using the protests to boost their social media status as an ego-trip although a minority are more circumspect and use false names or identities.

In fact, the whole StopHs2 ‘campaign’ has changed direction in the past year. The original (Nimby based) groups like the High Speed 2 Action Alliance (who folded in 2016) and StopHs2 (aka the Joe Rukin show) have faded into the background. Now, the running is being made by a rag-bag of Extinction Rebellion devotees, self-publicists, some old road and fracking protesters and hippies – and a smattering of Nimbys. The real aim of the protests now seems to be to raise support for Extinction Rebellion (and make a few bob).

When Extinction Rebellion first appeared on the scene I was broadly sympathetic. I thought that by raising the profile of environmental issues and the desperate need to tackle climate-change, they might actually do some good. Then I watched in bemused amazement as they started to increasingly dumb things, like attacking public transport. That made me start to examine who they really were and it made me realise that they were just another hard-left (anti capitalist) group who used environmental issues and animal rights to further their political agenda – just like the far right in the shape of Britain First and the BNP have done (as well as the vote Leave campaign).

What a lot of this is really about is two things. Recruiting young people through manipulation and indoctrination – and also using social media tools to raise funds.

I’ve blogged about this before when I highlighted the split between some of the people allied to Extinction Rebellion and the ‘old school’ more anarchic protesters who don’t like XR’s command and control tactics – and stranglehold on the money! Over the past couple of years through various Crowdfund appeals and other donations pages six-figure sums have been raised to fund legal cases or to ‘support’ the protest camps (or even individual protesters!). There’s only one problem. No-one has a clue where the money really goes and no-one ever publishes any accounts! The money just disappears and no-one is held responsible for it. There are several example of this. Here’s one.

Over £42,000 raised. Where’s it gone? No-one knows. There’s no updates and there’s no accounts. There’s not even anyone named as being in charge. This is just one of many such fundraisers that go to prove the old adage that “a fool and their money are easily parted”.

Another example is ‘celebrity’ environmentalist Chris Packham, who ran a crowdfunder to raise money for his vanity legal cases against HS2. They were doomed to failure from the start but the money rolled in. Was all the money spent? Who knows. What happened to any surplus? Dunno – as it’s now a year on and Packham (to my knowledge) has never published any accounts or updates explaining what happened to the money. I wonder if the taxman knows either?

The more I dig into the anti HS2 ‘campaign’ the more it starts to look like a scam. Because, let’s face it – it doesn’t have a hope in hell of actually stopping HS2! How can this tiny bunch of protesters halt the largest construction project in Europe when they can’t even stop themselves being evicted? There’s so few of them now they’re doing little more than fire-fighting, stripping bare the remaining camps of people to try and put up a show at the latest one to be evicted.

Mind you, the Poors Piece eviction is showing another (unpleasant) side to these supposed ‘peaceful’ protesters…

Many of those drafted in to ‘defend’ the camp are young people from middle-class backgrounds who would normally be at college if it wasn’t for Covid. They’re a particularly foul-mouthed group who think nothing of hurling vitriolic personal abuse at anyone involved in the eviction – be it HS2 workers, bailiffs, police or the other emergency services. I’m going to take the gloves off now and say that hearing a bunch of self-entitled kids who’ve probably never done a days work in their lives telling anyone and everyone that they know everyone’s job better than them is a nauseating sight. Many of them throw an absolute strop when an adult has the temerity to say ‘no’ to them, but then that does rather reveal something about their backgrounds. Here’s a fine example.

Middle-Class kid who’s never done a proper day’s work in their life accuses working people of being ‘class traitor scum’. There’s a word for people like that…

There’s plenty more examples of this behaviour on the various videos the protesters stick on their Facebook pages. You can find some of them here. “Peaceful” people my arse! The level of delusion and disinformation coming from these people is weapons-grade. It seems the one thing Extinction Rebellion and the other anti HS2 groups are good at is indoctrination, because the nonsense they get people to spout (and believe) is incredible. Here’s an example from the person who was the founder of StopHS2. This appeared yesterday…

Oh, please…!

That so many of the protesters are (or were) college kids is a fatal weakness of the anti HS2 campaign – and especially now that the Government has mapped a way out of lockdown and return to normal with schools and colleges reopening! Many of these mouthy youths are going to find there’s other more pressing activities that will be taking up their time…

The more digging one does into these protests and the people behind them the more it becomes obvious that this is not really about HS2. It’s not even about the environment – or Climate Change – because if it was they’d be following the science and protesting about the new roads building programme. HS2 is being used by Extinction Rebellion as a tool to increase their influence and raise money – and a lot of fools are parting with it…

I’ve a favour to ask…
If you enjoy reading this blog, please click on an advert or two. You don’t have to buy anything you don’t want to of course (although if you did find something that tickled your fancy that would be fab!), but the revenue from them helps to cover some of the cost of maintaining this site – and right now (because of Covid), us freelances need all the help that we can get. Remember, 99% of the pictures used in my blogs can be purchased as prints from my other website –  https://paulbigland.zenfolio.com/

Thank you!

The fake environmentalists of Hs2Rebellion let their mask slip…

04 Thursday Feb 2021

Posted by Paul Bigland in 'Green' madness, Air Travel, Hs2, HS2Rebellion, Malaysia, Politics, Travel

≈ 6 Comments

Tags

'Green' madness, Hs2, HS2Rebellion, Malaysia, Railways, Travel

I’ve always said that Extinction Rebellion and HS2Rebellion are anything but real environmentalists. Both organisations have jumped on the ‘green’ bandwagon to further a wider (anti-capitalist) agenda and nothing more – hence some of their mad tactics that do nothing to promote tackling climate change. Exactly the opposite in fact. One only has to look at the way XR have frequently disrupted public transport in the UK, even going as far as disrupting electric public transport by gluing themselves to trains on the Docklands Light Railway (DLR) or standing on the roofs of Underground trains!

HS2Rebellion are doing the same with High-Speed 2, opposing a green railway that is the only way we’ll have the rail capacity to get modal shift from road air to rail to cut our biggest source of Co2 emissions (transport) and meet our international obligations to tackle Climate Change.

Today, HS2Rebellion let the cat out of the bag by showing they either don’t understand the issues – or just don’t care. Their target was the news that Malaysia has cancelled the proposed High-Speed rail project between Kuala-Lumpur and Singapore and they used this (superficial) report on the BBC from a freelance journo based in Singapore. In the report it mentions that there are 30,000 local flights between Singapore and Kuala Lumpur per annum – as well as a 24 hour bus service. Here’s what XRebellion have to say on their Facebook page.

Yet again we have supposed ‘environmentalists’ playing along to the right-wing libertarian narrative about costs. This is bizarre. After all, aren’t they the ones who’re always telling us that there is no ‘Planet B’ and that the environment is priceless? Not if you’re intending to build High-Speed rail it seems (roads? No problem – carry on!).

What is it that these ‘environmentalists’ are deliberately ignoring? Simple, just how much carbon those different modes of transport generate. Take a look at this and compare domestic flights, buses and high-speed rail (mentioned as ‘Eurostar’ on this chart).

Here you have the blatant hypocrisy of XR and HS2Rebeliion exposed in black and white in one simple chart.

Over in the UK there’s a similar picture. The biggest market for domestic aviation is between Scotland and London’s airports. HS2 (like HS1 before it with flights to Brussels and Paris) will make severe inroads into that market by speeding up Anglo-Scottish services, as Chris Ogilvie often points out.

I have to declare an interest here. I know Malaysia (and Singapore) well. I’ve been travelling there since 1992 and maintain a keen interest in the areas political, economic and transport issues. In the past, I interviewed the then head of Malaysian Railways for the International Railway Journal and I maintain contacts inside both countries, which is why I know the BBC story isn’t the full story by any means. Even so, for ‘environmentalists’ to gloat over the failure to building a carbon-neutral alternative to 30,000 horribly polluting domestic flights a year (never mind all those 24 hour, 5 hour coach trips) is mad – but then, these people aren’t real environmentalists. What’s depressing is the number of genuine ‘green’ groups and people who’ve been taken in by them. We’ve now gone from saving the planet by any means to saving the planet – just as long as the price is right! This is why I’ve long maintained that the the UKs ‘green’ movement (or what passes for it) simply isn’t fit for purpose as they’ve become just another limb of the libertarian right. You have to ask, how (and why) did ‘greens’ suddenly start celebrating the failure of plans for high-speed rail networks whenever and wherever in the world they happen, and how on Earth can they still call themselves greens?

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