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| Activists claim police siding with power company EDF in lawsuit | Activists claim police siding with power company EDF in lawsuit |
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| />The energy company EDF is seeking more than £5m in damages from a group of more than 20 activists who occupied one of its power stations for a week last year, in an action campaigners claim could stifle the right to protest across the country. | |
| Some of the campaigners named in the legal case also claim that officers from Nottinghamshire police overstepped their role by helping EDF issue protesters with details of the civil action against them, including in one instance allegedly chasing a bailed campaigner down the street and passing him the papers. | Some of the campaigners named in the legal case also claim that officers from Nottinghamshire police overstepped their role by helping EDF issue protesters with details of the civil action against them, including in one instance allegedly chasing a bailed campaigner down the street and passing him the papers. |
| The dispute centres around the occupation of the gas-fired West Burton power station in Nottinghamshire in October last year. Activists belonging to the "No Dash For Gas" protest group occupied the site, scaled one of its towers and remained there for a week, the longest such occupation in Britain. | The dispute centres around the occupation of the gas-fired West Burton power station in Nottinghamshire in October last year. Activists belonging to the "No Dash For Gas" protest group occupied the site, scaled one of its towers and remained there for a week, the longest such occupation in Britain. |
| Twenty-one activists pleaded guilty to charges of aggravated trespass at Mansfield Magistrates Court in connection with the protest on Wednesday. Seventeen of these will be sentenced on 20 March, with the rest to be sentenced on 2 April. | Twenty-one activists pleaded guilty to charges of aggravated trespass at Mansfield Magistrates Court in connection with the protest on Wednesday. Seventeen of these will be sentenced on 20 March, with the rest to be sentenced on 2 April. |
| The ongoing civil action is mounted against more than 20 named respondents, plus the "No Dash For Gas" association itself, court documents seen by the Guardian show. The action includes an injunction barring those named from the site, but – in an unusual move in the UK – also has a provision to recover damages, interest, and court costs from the activists. | The ongoing civil action is mounted against more than 20 named respondents, plus the "No Dash For Gas" association itself, court documents seen by the Guardian show. The action includes an injunction barring those named from the site, but – in an unusual move in the UK – also has a provision to recover damages, interest, and court costs from the activists. |
| A statement made in the action by Graeme Bellingham, the director of CCGT Construction, the EDF subsidiary supervising the power plant's construction, puts the cost of the occupation at more than £5m, including staff and labour costs, delays to the completion of the station, specialist security and lost carbon emission credits. | A statement made in the action by Graeme Bellingham, the director of CCGT Construction, the EDF subsidiary supervising the power plant's construction, puts the cost of the occupation at more than £5m, including staff and labour costs, delays to the completion of the station, specialist security and lost carbon emission credits. |
| In a statement, EDF said it supported the right to "lawful protest" but it was important anyone considering direct action should be aware "they may face consequences through civil action for the damage, cost and disruption they cause." | In a statement, EDF said it supported the right to "lawful protest" but it was important anyone considering direct action should be aware "they may face consequences through civil action for the damage, cost and disruption they cause." |
| Green groups supportive of the campaigners' aims have condemned the action, their view is a punitive attempt to deter others. | Green groups supportive of the campaigners' aims have condemned the action, their view is a punitive attempt to deter others. |
| John Sauven, the executive director of Greenpeace, likened the action to the McLibel case, a legal action mounted by McDonald's in the 1990s against two activists which dragged on for more than a decade and attracted massive negative publicity for the restaurant chain. | John Sauven, the executive director of Greenpeace, likened the action to the McLibel case, a legal action mounted by McDonald's in the 1990s against two activists which dragged on for more than a decade and attracted massive negative publicity for the restaurant chain. |
| "EDF's lawsuit represents the opening of a new front against peaceful protest," Sauven said. "It's difficult to imagine how we at Greenpeace could have run our successful campaigns against illegal rainforest timber imports or pirate fishing if every time we took direct action we were landed with a multimillion-pound bill. | "EDF's lawsuit represents the opening of a new front against peaceful protest," Sauven said. "It's difficult to imagine how we at Greenpeace could have run our successful campaigns against illegal rainforest timber imports or pirate fishing if every time we took direct action we were landed with a multimillion-pound bill. |
| "EDF's civil claim is an attempt by a state-owned French company to undermine the British tradition of organised dissent. The company would do well to rethink what they're doing before they have a McLibel on their hands." | "EDF's civil claim is an attempt by a state-owned French company to undermine the British tradition of organised dissent. The company would do well to rethink what they're doing before they have a McLibel on their hands." |
| The warnings were echoed by members of other direct action groups. Anna Walker of UK Uncut said the threat of "multimillion-pound lawsuits" could "crush" the organisation's right to protest, warning "if EDF gets away with this we will have a weaker democracy", while Joss Garman, co-founder of the anti-airport expansion group Plane Stupid said the action could leave people with "one less tool to defend themselves". | The warnings were echoed by members of other direct action groups. Anna Walker of UK Uncut said the threat of "multimillion-pound lawsuits" could "crush" the organisation's right to protest, warning "if EDF gets away with this we will have a weaker democracy", while Joss Garman, co-founder of the anti-airport expansion group Plane Stupid said the action could leave people with "one less tool to defend themselves". |
| Some of those named directly in the action raised further concerns that Nottinghamshire Police was assisting EDF in mounting its civil claim. A solicitor acting for some of the protesters who had been arrested was passed a copy of the EDF action by police, while others say they were passed papers directly. Nottinghamshire Police has drawn the ire of environmental campaigners over its involvement in the police operation relating to Ratcliffe-on-Soar power station that led to the exposure of Metropolitan police officer Mark Kennedy, one of several officers criticised for having relationships with environmental activists while infiltrating their groups. | |
| West Burton protester, Danny Chivers, said he was leaving the police station after being bailed when one of the officers who had been dealing with his arrest ran out of the station after him. "He said 'Mr Chivers, there's something I was meant to give you. I'm serving this on you as a courtesy to EDF'," Chivers said, referring to a documents giving details of the civil case. | West Burton protester, Danny Chivers, said he was leaving the police station after being bailed when one of the officers who had been dealing with his arrest ran out of the station after him. "He said 'Mr Chivers, there's something I was meant to give you. I'm serving this on you as a courtesy to EDF'," Chivers said, referring to a documents giving details of the civil case. |
| "One thing that really concerns me about this affair is: in whose interests are the police acting," he continued. "They're meant to be working in the public interest, not acting as messengers for private companies to help them to bully protesters." | "One thing that really concerns me about this affair is: in whose interests are the police acting," he continued. "They're meant to be working in the public interest, not acting as messengers for private companies to help them to bully protesters." |
| Others named in the case said they shared concerns police had passed some of their details to EDF, based on consistent mis-spellings of their name, or re-use of temporary (and sometimes incorrectly labelled) addresses, in correspondence. | Others named in the case said they shared concerns police had passed some of their details to EDF, based on consistent mis-spellings of their name, or re-use of temporary (and sometimes incorrectly labelled) addresses, in correspondence. |
| Nottinghamshire police said the force "was not involved" in any civil actions against the protesters, and said "activists were not served papers by Nottinghamshire police". | Nottinghamshire police said the force "was not involved" in any civil actions against the protesters, and said "activists were not served papers by Nottinghamshire police". |
| However, a spokeswoman acknowledged the force had acted as a conduit between EDF and protesters. | However, a spokeswoman acknowledged the force had acted as a conduit between EDF and protesters. |
| "We provided a copy of the civil action to a solicitor representing one of the activists – this was as a courtesy to the activist," she said. "During the protest a message board was employed to relay messages to the protesters. Police agreed to assist in notifying the protesters that a writ had been served by EDF." | "We provided a copy of the civil action to a solicitor representing one of the activists – this was as a courtesy to the activist," she said. "During the protest a message board was employed to relay messages to the protesters. Police agreed to assist in notifying the protesters that a writ had been served by EDF." |
| On the topic of sharing information, she added: "Details of those arrested for committing criminal offences (which was in itself a matter of public record) were shared with EDF on whose property those offences had been committed in order that they could take steps to protect their property and prevent further offences from taking place at their property."In its statement EDF said: "EDF Energy supports the right to lawful protest and respects differing points of view. However, the consequences of this illegal activity put lives at risk, caused considerable disruption to the site during its construction, and considerable financial losses. It also delayed the completion of the new power station – part of a massive investment in the UK's energy supply which will provide enough electricity for 1.5m homes. It is important that those considering this kind of action understand that they may face consequences through civil action for the damage, cost and disruption they cause." | On the topic of sharing information, she added: "Details of those arrested for committing criminal offences (which was in itself a matter of public record) were shared with EDF on whose property those offences had been committed in order that they could take steps to protect their property and prevent further offences from taking place at their property."In its statement EDF said: "EDF Energy supports the right to lawful protest and respects differing points of view. However, the consequences of this illegal activity put lives at risk, caused considerable disruption to the site during its construction, and considerable financial losses. It also delayed the completion of the new power station – part of a massive investment in the UK's energy supply which will provide enough electricity for 1.5m homes. It is important that those considering this kind of action understand that they may face consequences through civil action for the damage, cost and disruption they cause." |
| • This article was amended on 21 February 2013 because the original described Nottinghamshire police as "the force involved in the undercover policing controversies, whereby officers were criticised for having relationships with environmental activists while infiltrating their groups". To clarify: the Nottinghamshire force was involved in the operation relating to Ratcliffe-on-Soar power station that led to the exposure of Metropolitan police officer Mark Kennedy, one of several officers criticised for having relationships with environmental activists while infiltrating their groups. |