Under-fire council lawyers insist they are “not concerned” about traders launching legal action over Aberdeen’s bus gates.
Legal advisors argued they “followed the process lawfully” as they were bombarded with questions during a crisis meeting on the legality of the city centre measures.
It came just days after veteran Aberdeen trader Norman Esslemont revealed he had hired the same lawyer who torpedoed Highland Council’s traffic ban plans in Inverness.
Alasdair Sutherland warned the council to adjust its process “or face him in court”.
Meanwhile, opposition councillors contend that refunds could have to be issued to every driver fined if the derided city centre system created in 2023 is deemed invalid.
But talks over the legal challenge today again saw the SNP and Liberal Democrat ruling group fight to defend the measures.
‘Can we or can we not make changes to the bus gates then?’
Independent councillor Alex Nicoll kicked off the debate, seeking clarification on what exactly the local authority is and isn’t allowed to do with the bus gates.
Mr Nicoll raised the prospect of yet another inconsistency in the local authority’s approach.
Referring to the recent removal of the bus gate on Market Street, the SNP mutineer expressed his confusion with the legal guidance they have received so far.
“One day we were told that we couldn’t take out a right turn [on Union Terrace] because it was a substantial change – the next, we take out a whole bus gate on Market Street.
“Now, I’m trying to square the circle here, but if we can’t simply take out a right turn, how is it that we are allowed to remove a bus gate?”
In response, the council’s roads boss Neale Burrows argued the Market Street bus gate was removed under a different set of rules, and this therefore wouldn’t open up yet another avenue for a legal challenge.
‘We have followed the processes lawfully,’ says council legal team
Unsatisfied with the response, a flabbergasted Mr Nicoll demanded a straightforward answer on what changes are and aren’t allowed in that case.
He said: “Obviously we’ve had two previous goes at this and on both occasions we’ve reached the barrier of having to get further legal advice.
“But the point that now comes up is that we’ve had various advice about whether or not we can amend, change, do things.
“I think it’s a very important matter that the public actually need to know about.”
His query was instantly brushed off by the legal team’s leader Alan Thomson, who said: “We obviously can’t go into the into detail in the public session.
“However, I can confirm that following internal advice from extensively experienced legal team and from an independent KC we are comfortable that we have followed the processes lawfully.”
‘We are not concerned by the legal threat’
Tensions escalated when Mr Nicoll raised the legal threat looming over the local authority, initiated by exacerbated traders and led by Mr Esslemont.
The letter, sent to the council by the shop owner’s lawyer Alasdair Sutherland, argues that the administration didn’t follow the law in making the bus gates permanent.
And he warned that if they don’t reverse their decision and go through the appropriate channels, he will take the fight to the Court of Session.
But Mr Thomson’s response was once again brief – as he refused to explain his stance.
He said: “We’re not concerned by the contents of the letter. I obviously can’t go into detail in public session.”
ANOTHER 11th hour plea to launch fresh talks on bus gate system
After a two-hour discussion on the legality of making the bus gates permanent, Tory leader Richard Brooks again demanded his colleagues to stop “this shambles”.
And he backed his plea with a thorough recollection of all the events that led the council to this point, where they could face a legal battle against the decision.
The legal “oversight” on the Union Terrace right turn ban and claims that the SNP and Lib-Dem administration is “in bed with bus companies” both got a notable mention.
He concluded: “I urge you, probably for the last time, before any potential legal case is initiated against the council, stop the bus gates and start over.
“You have not listened! Find me one person that says that these bus gates have worked.
“Listen to our rate-paying business communities, listen to the public outcry…we cannot be seen to be held to ransom by bus companies or Transport Scotland.
“Reset your allegiances and take the common-sense approach.”
Council co-leader: ‘We are making Aberdeen a better place’
But council co-leader Christian Allard pointed to other work going on in the city centre in a bizarre diatribe that failed to mention the bus gates once.
Listing recent “event successes” like the Nuart and Spectra festivals, as well as the recent dinosaur trail in the city centre, he said “Aberdeen is at its best”.
Other major projects like the £40 million food and drink market on The Green and the revamp of Union Street were also included in his speech.
However, he failed to explain how the traffic measures have contributed to the city’s success as he baffled onlookers by sidestepping any mention of them.
Instead he said: “The choice that we made was to transform our city. We choose to make Aberdeen a better place, for people to live, work, raise a family and visit.
“We’ll get on with the job and we’ll keep on doing the things that need to be done because it’s what we promised to the people of Aberdeen in 2022.”
It was a speech judged to stray so far from the topic at hand that Labour leaders questioned whether it was actually allowed under council rules that any official presentation address the point of the meeting.
However, Lord Provost David Cameron gave his SNP stablemate his blessing to continue.
‘Co-leader Christian Allard basically stuck two fingers up to the public’
But while Mr Allard’s speech was perhaps intended to soothe tempers at the Town House, it seemed to add fuel to the fire.
Particularly when he laughingly referred to the argument against Aberdeen’s bus gates as “very entertaining”.
Several councillors hit out at the leading coalition, branded as “totally disrespectful”, “embarrassing” and “shameful”.
Tory councillor Duncan Massey lambasted Mr Allard’s detour from the “serious matter” at hand.
“Firstly, we should remember why we’re here today,” he began.
“We’re here today to ONLY discuss the bus gates, the decision and legal process around it and the adverse effect it has had on the city.
“And from start to finish, this entire saga has been an absolute high farce and frankly, an embarrassment for the entire council.
“It seems that this administration will go along with this agenda no matter what, despite what the public think, despite what businesses say and despite the obvious adverse outcomes.”
Mr Massey also noted Mr Allard’s remarks in today’s Press and Journal, where he refused to remove the bus gates and said he awaits judgement in 2027.
The Tory councillor added: “That’s councillor Allard basically sticks two fingers up to the public, says he will ignore their views and that he will be judged at the next election.
“It’s a great pity that we can’t have an election today and rather have to wait for another two years.
“Otherwise, it is pretty clear that councillor Allard and much of his administration would be out on their ear.”
Despite the heated four-hour debate – and several pleas from opposition councillors to return to the bus gate drawing board – the SNP and Lib-Dem coalition won by six votes not to do anything further on the subject.
What do you think of the latest talks? Let us know in our comments section below
What do traders make of the latest failed bid for action on Aberdeen’s bus gates?
Aberdeen Inspired chief executive Adrian Watson last month pleaded for further talks with traders before the council voted to make the system permanent.
Speaking after today’s meeting, he said “hopeless and desperate” businesses had been left with no option but to take legal action.
He added: “It is time for us to pause and get back around the table to find a positive way forward with the businesses and wider public for the good of our city centre.”
And he dismissed Mr Allard’s claims about rising footfall.
Mr Watson said: “The acid test is actual spend on our high street.
“When you have a significant number of retail and hospitality businesses saying that they can directly correlate a dramatic fall in sales to the introduction of the bus gates, then surely we must listen to this.
“The city has still to carry out a credible economic impact assessment regarding the implementation of these measures.”
Read more:
- Exclusive: Lawyer hired by Aberdeen traders warns council to back down over bus gates ‘or we’ll see you in court’
- Aberdeen’s SNP council leader vows to KEEP bus gates and tells critics ‘we will be judged at the elections’
- EVERY Aberdeen bus gate fine could be refunded amid claims ‘entire system is unlawful’
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