Teddington Action Group commence judicial review proceedings against government re. Heathrow runway decision
Residents group, Teddington Action Group (TAG) has started judicial proceedings against the government, on its recommendation for a Heathrow runway. The Judicial Review process requires that a Letter of Claim is served on the interested parties, in accordance with “Pre-action Protocol”. This was sent on 27 October. Sir Howard Davies, Chair of the Airports Commission, steered it towards its conclusion to back Heathrow. One of the key claims in the 27 page TAG document relates to the “apparent bias” of Sir Howard, from his remunerated roles at GIC Private Ltd (GIC), one of Heathrow’s principal owners. TAG says from 2009, Sir Howard was a paid adviser to the Investment Strategy Committee of GIC (formerly known as the Singapore Government Investment Co.), advising them on “new growth opportunities”. From 2011, he was appointed to the International Advisory Board of GIC, a board on which he was still sitting on the day of his appointment as “independent” Chair of the AC. Sir Howard only resigned these remunerated roles with GIC, when his appointment to the role as unremunerated Chair of the AC had been confirmed by the government in 2012. At the time of his appointment to the AC, GIC owned 17.65% of Heathrow, was represented on Heathrow’s main Board (as it still is), and was pursuing their shared goal of Heathrow expansion. Sir Howard did not disclose his roles with GIC in the AC’s Register of Interests.
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Teddington Action Group commence judicial review proceedings
Teddington Action Group press release
Friday, 28th October 2016)
Residents group, Teddington Action Group (TAG) has commenced judicial proceedings against the government, in respect of its recommendation for airport expansion
Background:
On Tuesday, 25th October, the Secretary of State for Transport, Chris Grayling, announced that the government had decided to “accept the recommendation” of Sir Howard Davies’s Airports Commission that air capacity be expanded through a new north-west runway scheme at Heathrow Airport.
The Judicial Review
Judicial Review process requires that a Letter of Claim is served on the interested parties, in accordance with “Pre-action Protocol”. Sent by Special Delivery on 27 October, it will have arrived at the office of Secretary State for Transport by no later than 5.30pm, Friday, 28th October.
One of the key claims in the twenty seven (27) page document relates to the “apparent bias” of Sir Howard Davies, Chair of the Airports Commission (AC), who steered the AC towards its conclusions – flowing from his remunerated roles at GIC Private Ltd (GIC), one of Heathrow’s principal owners.
From 2009, Sir Howard was a paid adviser to the Investment Strategy Committee of GIC (formerly known as the Singapore Government Investment Co.), advising them on “new growth opportunities”.
From 2011, he was appointed to the International Advisory Board of GIC, a board on which he was still sitting on the day of his appointment as “independent” Chair of the Airports Commission.
Sir Howard only resigned these remunerated roles with GIC, when his appointment to the role as unremunerated Chair of the AC had been confirmed by the government in 2012.
At the time of his appointment to the AC, GIC owned 17.65% of Heathrow, was represented on Heathrow’s main Board (as it still is), and – like other Heathrow part owners – was engaged in pursuing their shared goal of Heathrow expansion.
Sir Howard Davies did not disclose his roles with GIC in the Airports Commission’s Register of Interests.
TAG spokesman, Paul McGuinness said:
“It seems breathtaking that a process to adjudicate on Heathrow’s future could have been chaired by someone who, at the time of his appointment, was actually employed by one of Heathrow’s owners and a company that was a cheerleader for its expansion”.
“Most reasonable people will think these roles should have disqualified Sir Howard from taking any part in the Airports Commission, and they may well wonder why he failed to register them in the Airport Commission’s Register of Interests”.
http://www.teddingtonactiongroup.com/news/
For comment or more information, please contact: Paul McGuinness on 07958 589894 or paul.mcguinness@workingfashions.com
Pre-Action Letter of Claim, addressed to the Secretary of State of Transport (29 pages)
Notes:
1. GIC Private Limited (on whose International Advisory Board Sir Howard was serving when appointed to chair the Airports Commission) is a significant, long term shareholder in Heathrow, represented on the Board of Heathrow (Heathrow Airport Holdings Ltd),
http://www.heathrow.com/company/company-news-and-information/company-information/the-board
2. Sir Howard Davies’s former employer, GIC Private Ltd is currently represented on the Board of Heathrow (Heathrow Airport Holdings Ltd) by Stuart Baldwin (Senior Vice President, GIC Private Limited)
https://www.infrastructureinvestor.com/speakersprofile/?speaker=7130
3. It is our understanding that Sir Howard’s Davies’s appointment to the Airports Commission was contingent upon him resigning his remunerated roles with GIC Private Ltd.
4. In accordance with requirements, the Pre-Action Letter of Claim has also been served on the other interested parties. These are: Heathrow Airport Limited, Heathrow Hub Limited, Gatwick Airport Limited and Runway Innovations Limited.
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See also
Teddington Action Group prepares for “first of many” judicial reviews of Government decision on Heathrow runway
Teddington Action Group (TAG) has re-stated its commitment to launch Judicial Review (JR) proceedings of a Government decision on airport expansion – should one of the two Heathrow options be chosen. TAG issued a pre-action letter of claim (the first step in the JR process) back in June 2015, on the eve of the Airports Commission’s recommendation for a new runway at Heathrow. Proceedings were then put on hold pending a Government decision on the 3 runway options. TAG has now re-confirmed its commitment to continue proceedings, with a key ground for its JR being the “apparent bias” of the Chair of the Airports Commission itself, Sir Howard Davies, due to his roles at GIC Private Ltd, owner of a 11.9% share in Heathrow Airport Holdings. In 2009, Sir Howard was appointed as an adviser to the Investment Strategy Committee of GIC Private Limited (formerly known as the Singapore Government Investment Co), advising them on “new growth opportunities”. In 2011 he was appointed to the International Advisory Board of GIC Private Ltd, a board on which he was still sitting on the day of his appointment as “independent” Chair of the Airports Commission. He never disclosed these roles in the Airports Commission’s Register of Interests. He then accepted the Chairmanship of RBS, Heathrow’s main banker, while still steering the Commission to its conclusion. This puts the Commission’s “independence” into question.
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