Anglers win battle in 3 year war for water industry transparency

The Angling Trust's legal arm Fish Legal has won an important victory in its campaign to make England and Wales' biggest polluters come clean about what they put into our rivers, lakes and seas, as well as what they pump out.

Following a 3 year battle and concerted attempts by water companies to prevent an appeal, Fish Legal has finally managed to get the case referred to the Court of Justice of the European Union (CJEU). The Judge at the Upper Tribunal (UT) in London has prepared some legal questions to ask the CJEU to help decide whether water companies are
"public authorities" under European legislation, and therefore subject to public scrutiny.

Fish Legal acting on its own behalf and as the legal wing of the Angling Trust with its 350,000-strong membership of angling clubs and individuals, has been battling to challenge a series of decisions, firstly by the Information Commissioner, and then the Upper Tribunal in an earlier case which held that water companies are not public authorities and therefore not covered by European Legislation and UK law - which meant their filing cabinets could remain shut.

As long ago as 2009, Fish Legal asked water companies for information on sewage discharges and clean-up operations at the thousands of combined sewer overflows (CSOs) in England and Wales. Two companies - United Utilities and Yorkshire Water - said they were not "public authorities" and therefore did not need to provide the information by law. United Utilities took about 2 years to get the complete information to Fish Legal, whose lawyers believe the information should be available by right and not just at the whim of the water companies.

The Judge's decision to refer the case to the European courts is exactly what Fish Legal wanted and is the next step in getting the companies to open up to inspection by anyone who wants to know what their local company is doing to their watercourses or beaches.

The Judge will ask the Court of Justice of the European Union to answer questions which help to understand what a "public authority" is in European legislation and whether bodies like water companies are included.

Justin Neal, Head Solicitor for Fish Legal said: "it has taken 3 years to get to this position and we may have to wait another two years for the European Courts to provide answers to these questions. Nevertheless, we hope that common sense will prevail and that they will conclude that the privatisation of the water industry didn't take information out of the hands of the general public."

Leading barrister, David Wolfe, who provided the legal advice and representation for FL, commented, "I have been pleased to assist Fish Legal in getting the case the CJEU. I am optimistic that the CJEU will give an answer which will help everyone wanting information from water companies and other privatised utilities."

Mark Lloyd, Chief Executive of the Angling Trust and Fish Legal said: "Water Companies should not be able to hide what they are getting up to. Water quality and quantity affect us all, and our legal team are committed to doing all they can to get access to this
vital information not just for anglers, but for everyone who cares
about the state of our rivers and coasts. This case could take five years for us to win, but it will be of benefit to generations of anglers and environmental campaigners."

Notes to Editors
1.Fish Legal and Emily Shirley v ICO and United Utilities, Yorkshire Water and Southern Water, was heard at the Upper Tribunal (UT) in London on 10th January 2012.

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3 year battle won for transparency

3 year battle won for transparency

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WHEN YOU LEAVE THE RIVER, TAKE NOTHING, AND LEAVE ONLY FOOTPRINT'S!!!

THA CAN TELL A YORKSHIREMAN ,BUT THA CAN'T TELL HIM MUCH !!

Sounds good and how it should be

Great news. A real victory for transparency. I hope it holds out.

Good post GuyfromLaw, I saw it on my email notification too.

Maybe when more anglers see that the Angling trust is really doing a damn good job behind the scenes thye will become members and help to secure their angling for the future.

It is no good sitting back and just being an associate member through club affiliation, that actually costs the Angling Trust. They need members so as to have the clout, both politically and financially to really make a huge difference.

Go on, join up, you know it makes sense.

Good post TL.

That's the way it is though. From what you describe, there's the same apathy up here in Scotland for SANA. And it does take news like this to make a difference in the mind of the ordinary angler. I'm as guilty as any one else, having an associate membership to SANA through several club waters I fish on (like you describe), and I've not been shy with my views. Perhaps we should all put our money where our mouths are and try and make a difference?

I really hope this ruling stands up and paves the way for others to follow.

It's only right interested parties are afforded the relevant information.

According to their letter of November 17th 2011 the main focus of Fish Legals efforts have been this and another landmark case concerning hydropower on the Trent, both of which they consider essential for the protection of angling. Rather than announcing the news that they are succeeding in a section of the forum with only 3% of the General Section traffic I thought it appropriate to tidy it up and announce it here, where everyone will see it.

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Is good that all can see it Warren.
opens the door for proper planning, and development, of water abstraction/energy schemes
regards
bert

Warren,
your thread has been hijacked by admin!!!!(see ear to ground)
regards
bert

Going about, knicking peoples threads; very badly done.

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