A long-awaited report into the Birmingham city centre bus lane fiasco from Tahir Ali, the cabinet member responsible for transport, has failed to materialise.

The report, into how unfairly fined motorists are to be compensated, was demanded by the transport, sustainability and connectivity scrutiny committee.

In March he suffered a torrid verbal assault from backbenchers who were horrified to be told the council admitted it got it wrong but was keeping the money anyway. After evading questions he promised to get back with a full response.

But almost two months later there is still no word from the cabinet member. Has he taken a vow of silence? Does he think this has all blown over? Is he hoping to be reshuffled to a new position after the election? Is he hiding under his desk?

The city council has raked in about £1.7 million through the £60 fines since putting up ten enforcement cameras in September. Three of these, responsible for more than half of the 100,000 fines issued, were ruled inadequate by an independent tribunal.

The tribunal concluded that drivers had little, if any, warning they were entering an enforced bus lane.

But only those who have appealed or are currently appealing, numbering about 18,000, will have their fines cancelled. Anyone who paid up to take advantage of a discount will not.

While the moral case for a refund is overwhelming, in the abstract world of the law the fines are completely legitimate.

There is no compulsion on the council to issue refunds. I understand a QC has advised them not to as it could set a precedent and present problems at any future tribunal.

Now contrast this with Newham Council which hit the headlines last month by handing back almost £350,000 fines issued via parking enforcement cameras between 2009 and 2013.

Here the cameras did not carry the appropriate paperwork, they did not have the Vehicle Certification Agency authorisation.

But there is no doubt that those fined were in the wrong – they had parked illegally. There was no moral case for a refund. But the legal technicality means they will get their money back.

Apparently in Birmingham the legal case matters far more than the moral one.