3 year battle won for transparency
>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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WHEN YOU LEAVE THE RIVER, TAKE NOTHING, AND LEAVE ONLY FOOTPRINT'S!!!
THA CAN TELL A YORKSHIREMAN ,BUT THA CAN'T TELL HIM MUCH !!
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