[align=left]

Channel Tunnel Group Ltd & Anor, R (on the application of) v Secreatary Of State For Environment Transport & Regions, Court of Appeal - Administrative Court, November 30, 2000, [2000] EWHC Admin 425

1

Case no: CO/2248/2000

IN THE high court of justice
QUEENS BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of justice
Strand, London,
wc2a 2ll

Thurday 30th November 2000

Before:

The honourable mr justice DYSONS

-------------------

The Queen on the Application of
Channel Tunnel Group Ltd and
France-Manche S.A.
Respondent
-v-

The Secreatary of State for the
Environment Transport and The
Regions
Applicant
____________________
(Transcript of the Handed Down Judgment of
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
____________________

Stuart Isaacs QC (only for the Judgment) & Clive Lewis (instructed by Mesrs Brachers, Maidstone, ME16 8JH for the Applicant)

Jonathan Crow (instructed by the Treasury Solicitor for the Respondent)

____________________

Judgment
As Approved by the Court

Crown Copyright ©




Introduction

1. This is an application by the Channel Tunnel Group and Franche-Manche S A ("Eurotunnel") challenging the validity of two directions issued by the Secretary of State in connection with security at the Channel Tunnel. By Direction 15B/00 ("the X-ray Direction") made on 7 April 2000, Eurotunnel was required to install a new X-ray system. By direction 4B(2)/00 ("the Search Direction") made on 18 April 2000, Eurotunnel was required to increase the proportion of vehicles that were to undergo under-vehicle searches. These directions were purportedly made under The Channel Tunnel (Security) Order 1994 ("the Order"). Eurotunnel contends that the Secretary of State had no power to give such directions on the grounds that (a) directions made pursuant to the Order may not be imposed on Eurotunnel by one government acting unilaterally, and (b) the two directions with which this application is concerned were imposed unilaterally by the government of the United Kingdom.

The legislative framework

The Treaty of February 1986 between the United Kingdom and France

2. The Treaty concerns the construction and operation by concessionaires of the Channel fixed link. So far as material, it provides as follows:

"ARTICLE 5
Defence and Security
(1) Defence and security matters relating to the Fixed Link and the
implementation of the Treaty shall be the subject of special arrangements between the two Governments. Such arrangements shall inc...
[/align]