Queen’s Bench Division
Published February 20, 2007
Regina (Greenpeace Ltd) v Secretary of State for Trade and Industry
Before Mr Justice Sullivan
Judgement February 16, 2007

Where it had been stated in a government White Paper that there would be the fullest public consultation before making a decision on a matter of substantial public policy but information as to major relevant issues had emerged only after consultation had closed, then the decision-making process was fatally flawed.

Mr Justice Sullivan so held in the Queen’s Bench Division in allowing the application of Greenpeace Ltd for judicial review by way of an order to quash the decision of the Secretary of State for Trade and Industry to announce government support for the building of new civil nuclear power generation facilities.

Mr Nigel Pleming, QC and Ms Kassie Smith for Greenpeace; Mr Richard Drabble, QC and Mr David Forsdick for the secretary of state.

MR JUSTICE SULLIVAN said that a 2003 White Paper had said that a new nuclear build was not proposed and that there would be the fullest public consultation before a decision was made.

The consultation process was very seriously flawed. As an issues paper the government’s consultation paper was perfectly adequate. As the consultation paper on an issue of such importance and complexity it was manifestly inadequate.

It contained no proposals as such; even if it had, the information given to those consulted was wholly insufficient to enable them to make an intelligent response.

On both the economics and the waste issues all, or virtually all the information of any substance emerged only after the consultation period had concluded.

Elementary fairness required that those consulted should be given a proper opportunity to respond to the substantial amount of new evidence. There could be no proper consultation, let alone the fullest public consultation if the substance of these two issues was not consulted upon before the decision was made.

There was therefore procedural unfairness and a breach of legitimate expectation that there be the fullest public consultation before a decision was taken to support a new nuclear build. The application succeeded.

Solicitors: Harrison Grant, Kentish Town; Treasury Solicitor.

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