Lawyers fighting to keep key incinerator details secret have been given ‘blank cheque’ of taxpayers' money, claim campaigners

Gloucestershire County Council (GCC) is currently halfway through a complex and drawn out legal challenge at the High Court, which moves into its third session today.

The legal battle will rule whether the council should be forced to reveal key financial details of the controversial Javelin Park Incinerator.

GCC is fighting to keep the last five per cent of the information on its £500 million contract with Urbaser Balfour Beatty (UBB) disclosed, over concerns over commercial confidentiality.

However, campaigners now claim the authority is unable to say exactly how much this legal challenge will cost the county’s taxpayers.

Freedom of Information requests from member of the 38 Degrees group last month have found GCC hired major law Eversheds LLP to fight the Information Tribunal.

When asked what fee the council expected tom pay the firm, the response was: “This information is not held, as it will be dependent on the outcome of the Tribunal and any subsequent legal action or requests.”

When asked the total amount the council has set aside or budgeted to pay the costs – GCC gave the same answer.

Jojo Mehta from 38 Degrees says the council is effectively offering a “blank cheque” to the law firm to keep its secrets.

“This shows that GCC considers withholding the full incinerator contract information to be worth engaging a major law firm to defend ongoingly using public funds,” she said.

“It also shows that GCC has not set a budget for this, implying that Eversheds has had, and still has, carte blanche to go through whatever procedures may be required in order to continue to withhold information.”

She continued: "Yet again the county council are refusing to provide any meaningful information about what they are doing with taxpayers' money.

“The situation is absurd. You couldn't make it up. What exactly have GCC been doing if not "preventing" disclosure?

“Here we have a public body using unrestricted public funds to withhold information from the public about the spending of public funds on a public contract. “It's like a hall of mirrors or some kind of weird nightmare. When do we get to wake up?"

She told the SNJ the “disregard” for taxpayer’s money was illustrative of GCC’s “tooth and nail” fight to keep secrets from the public – and that it had effectively given Eversheds a “blank cheque”.

GCC has defended itself, saying it did not have access to the information because the total amount will be dependent on the outcome of the tribunal.

A spokesman for Gloucestershire County Council, said: “In any legal process the full costs cannot be established until the case is concluded.

“The final legal costs will depend on the outcome of the tribunal and any subsequent legal action or requests."

So far it the county council has released the 95 per cent of the contract on its website – but it has redacted key information, dates and figures.

Last year the Information Commissioner ruled that it must release 100 per cent of the withheld information of the huge document.

GCC argues details have been blacked out because of concerns over commercial confidentiality of its partner UBB, the company building the facility near Haresfield.

The authority says it is important to keep the information secret to encourage companies to bid for contracts at a fair price.

However the redacted sections also include information on how the incinerator would be operated and details on the council’s commitment to minimising pollution and protecting the environment.

Last year the council handed over £17 million of public money to UBB to kick-start construction of the project.

A 38 Degrees petition asking the county council to "Come Clean and Show Us the Contract" garnered over 4,700 signatures last year.

• The trial began at the High Court on Tuesday and is expected to last four days. It is unclear whether a decision will be made immediately.