Portland Mayor in new migrant barge legal challenge - against Dorset Council
Carralyn Parkes has already taken the Home Office to the High Court
The Mayor of Portland is planning a new legal challenge against using a barge to house migrants at Portland Port.
Carralyn Parkes has already taken the Home Office to the High Court, calling for the use of the Bibby Stockholm to be stopped.
Now, she's preparing to take forward a challenge against Dorset Council:
"The judge decided that the Home Secretary was acting as a developer and that it was up to the local authority to enforce regulations. So that's what we're doing now.
"I have to be honest though, it's with the absolute total and utter reluctance that I take this action, as in some respects, I view them as just as much a victim of what's happening with the Bibby Stockholm as everybody else. However, it is here and in my opinion, Dorset Council have a responsibility to enforce the law.
"They could have been more robust regarding planning. Even if you take aside the watermark, which is what they're claiming is why they don't have jurisdiction over the Bibby Stockholm, there's been all sorts of work that's been happening on dry land, and is part of Dorset Council's responsibility for planning."
The judge in the High Court case last week said there was 'no arguable case' against the Home Office.
In response, Dorset Council has issued a statement:
“Dorset Council is very disappointed at Ms Parkes’ decision to issue judicial review proceedings claim against the council.
“Ms Parkes will be aware that, after much consideration and having taken advice from King’s Counsel, Dorset Council decided it was not appropriate to use public funds to actively pursue legal action against the Home Secretary regarding the siting of the Bibby Stockholm at Portland Port.
“The council continues to stand by the decision it made in July this year that the Bibby Stockholm is outside of its planning jurisdiction and so does not have planning enforcement powers.
“The arguments that Ms Parkes is making to dispute this position are materially the same as the ones put before the High Court earlier this week as part of her claim against the Home Secretary. Mr Justice Holgate found those arguments to be unarguable. Ms Parkes is now attempting reargue materially the same unarguable points, but replacing the Home Secretary with Dorset Council as the Defendant.
“The council has already been required to incur legal costs by participating in Ms Parkes’ claim against the Home Secretary. Ms Parkes’ decision to pursue materially the same arguments against the council will simply force the council to incur further costs to local taxpayer’s money – funds which should be used to deliver services for the people of Dorset.
“The council does not doubt that Ms Parkes is acting with good intentions and out of concern for those to be accommodated on the Bibby Stockholm. As publicly stated, the council shares many of those concerns. Ms Parkes’ cause is not served, however, by pursuing points against the council which the court has already found to be unarguable.
“In his judgement on Wednesday this week Mr Justice Holgate invited Ms Parkes to undergo a process of “mature reflection” before issuing any fresh claim against the Council. Just two days later, however, Ms Parkes has done just that. The council invites Ms Parkes to reconsider her position, and allow the council to direct its efforts and resources towards delivering for the people of Dorset.”