Source: Angling Trust
Fish Legal has won a major victory in their groundbreaking case against Yorkshire Water Services Ltd and United Utilities Plc, which was the culmination of the six year legal campaign for greater transparency within the water and sewerage industry.
The Upper Tribunal ruled last that water companies in England and Wales are ‘public authorities’ for the purposes of the Environmental Information Regulations (2004) and so are now under a legal duty to disclose environmental information they hold to the public.
T
he implications of this test case, which has been fought over the past six years, will be felt industry-wide. It could also affect companies operating in other privatised industries which have a similar role managing resources and services of public interest, such as the oil, gas, electricity providers and the Royal Mail.
Fish Legal often wants to know about sewage pollution and over-abstraction that damages rivers and coastal waters to help to fight legal cases on behalf of their member clubs and fishery owners. This judgment means they now have a right to get this information directly from the water companies themselves.
In the past, several companies refused to provide any information when asked, whilst others expressly refused to disclose information in line with this law. The judges in this case ruled they were wrong to do so. Any concerned individual or organisation now has a right to the environmental information held by the water and sewerage companies.
The water and sewerage industry causes significant damage to the environment every year. This is partly due to the very nature of what it does in treating sewage and abstracting water, but in many cases is due to mismanagement and underreporting of incidents. The industry will now have to open up what it does to much greater public scrutiny.
Fish Legal say they are delighted with the result, which has at long last asserted the rights of their angling members, and the wider public, to get information from the companies when they cause pollution or other damage. Being able to obtain environmental information directly about activities that affect the environment will make it much easier to deal with complex issues affecting fisheries and they hope that with the industry’s greater accountability will come higher environmental performance.
A Fish Legal spokesman commented:
“This is a huge victory for the environment and for fish and fishing. Our legal team has done a brilliant job fighting this case over the past six years, taking on some of the largest companies in the country and winning. This has only been possible because of the support of members of the Angling Trust and Fish Legal, whose subscriptions enable us to fight these battles for the benefit of all anglers and the water environment. Once again, we have demonstrated that when anglers unite, we can be a very powerful force for good.”
