Storm as Westminster refuses to release secret papers on parking

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12 April 2012

Westminster council chiefs came under fire today for keeping secret documents on the legality of new parking fees amid claims the charging could be unlawful.

MPs criticised the town hall for refusing to release legal advice on the new parking regime, which will hit motorists with new evening and weekend levies of up to £4.80 an hour.

Westminster refused a freedom of information request from the Evening Standard for documents and emails to the town hall leader Cllr Colin Barrow, the head of legal services and the director of finance on the legality of the parking charges extension.

Criticising the decision, Nick de Bois, Conservative MP for Enfield North, said: "Transparency from the council is vital. Anything less will continue to fuel the feeling that shops, businesses and motorists are an easy target for cash for revenue purposes."

Labour MP Stephen Pound echoed his concerns, stressing: "Transparency is the very least that we are entitled to here. If they are going to kill off theatreland, at least we should know why they are doing it."

Westminster turned down the Standard's FOI request, saying: "Internal legal advice given and received on various aspects of the proposed policy is exempt from disclosure under Section 42 of the FOIA (Freedom of Information Act) as it is protected by legal professional privilege, and the public interest in maintaining that exemption outweighs the public interest in disclosure."

The council has been asked to review its refusal decision.

It stressed that some of the legal advice that it had received on the proposed parking policy had been set out "in detail" and in public in the report considered by the council's cabinet on August 1.

Westminster is not allowed to introduce the charges as a revenue raiser and insists that the new parking levies are to tackle congestion.

But Transport Secretary Justine Greening, Mayor of London Boris Johnson and transport minister Norman Baker have all suggested that the levies are being brought in by the cash-strapped council at least partially to fill its coffers.

The council has been hit by an extraordinary backlash against its proposal to abolish free parking on single yellow lines and parking bays between 6.30pm and midnight Monday to Saturday, and between 1pm and 6pm on Sundays.

MPs from all parties have joined theatres, restaurants and other businesses in condemning the proposed new parking regime for the West End, which is due to come into force in early January.

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